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Home My WebLink About2006-08-29-9:00AM-REGULAR• f.. tom.,. BRAZOSCOUNTY BRYAN,TEXAS NOTICE OF MEETING AND AGENDA 1606 AUG 25 P 49 E3 kt05 44141y- BRYAN. TEXAS -DEPUTY BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON 29 AUGUST 2006 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM OF THE BRAZOS COUNTY COURTHOUSE, 300 E. 26TH STREET, SUITE 115, BRYAN, TEXAS. 1. Invocation and Pledge of Allegiance - Commissioner Peters. 2. Call for citizen's input and/or concerns. Consider and take action on agenda items 3 - 21: 3. Budget Amendment 05/06-45.1 thru 05/06-45.11. 4. Personnel Change of Status. 5. Payment of Claims. 6. Proclamation 06-009 establishing September 2006 as National Childhood Cancer Awareness Month. 7. Memorandum of Understanding between the Brazos County Juvenile Board and San Antonio Positive Solutions, Inc. for the purpose of providing educational services to the Brazos County Academy (BCA) program. The BCA program serves as an alternative placement for juvenile dispositions. 8. Computer Equipment Lease Agreement with San Antonio Positive Solutions, Inc. for the lease of computer equipment used by the Brazos County Academy (BCA) program. 9. Request from Commissioner Lloyd Wassermann for payment of lodging expenses while attending the Texas Association of Counties 2006 Annual Conference. The host hotel was full, and the rate is above what Brazos County allows. Office of the Ccu~.!v Judge . 300 East 26' St. R-iite 114 Bryan, Texas 77803 . Fax: (979) 361-4503 '"qL Commissioners Court Agenda 29 August 2006 Page 2 10. Appointment of Theresa Diaz as the Brazos County Temporary Bilingual Coordinator. Nombramiento de Theresa Diaz coma la Coordinadora Bilingue Temporal del Condado de Brazos. 11. Agreement to Protect the Confidentiality of Texas Workforce Commission records that are made available to Brazos County for use in the collection of various court costs, fines and fees. 12. Request from Margaret Meece, Precinct 2.1 Justice of the Peace, for permission to purchase five 19" flat panel monitors from the JP Technology Fund, Minor Computer Hardware (Division 24005000 67203000). 13. Tax Refund Applications for the following: a. David K. Brewer e. Gordon R. Hitzfelder b. Christen M. Muzny f. James K. & Sonya A. Sellers c. Helen Jean Monteilh (2) g. John McCants & Leony R. Gleen d. Oscar Martin Estate h. Paul & Martha Morales 14. Appointment of a Committee to work with Patterson Architects and Maintenance Director Carlos Guitron on the remodeling of the County Administrative Building. 15. Permission to advertise the following bids: a. 2006-042 Hot Mix Asphalt d. 2006-046 Purchase of Motor Graders b. 2006-043 Culverts, various types e. 2006-047 Jail Commissary c. 2006-045 Aggregate for Surface Treatment 16. Award of RFP 2006-032, Collection Services for Delinquent Criminal and Civil Court costs, Fines, Attorney Fees and Restitution to the Law Firm of McCreary, Veselka, Bragg and Allen. 17. Award of RFP 2006-035, Lease Space for the Community Emergency Operations Center, to Fibertown contingent upon the approval of interlocal agreements between Brazos County and the City of Bryan, City of College Station, and Texas A&M University. 18. Change Order No. 0011 to furnish and install an emergency floor drain approximately 12" below the dirt floor of the Covered Arena. 19. Revised Final Plat of North Country Estates Phase 13, 34.32 acre tract, G. H. Coleman survey, A-10, Brazos County, Texas. Site is located in Precinct 2. 20. Payment Authorization in the amount of $92.54 from the Brazos Center to Suddenlink for cable service. The existing purchase order was with Cox Cable and had to be closed when the company changed its name to Suddenlink. ?nL ~ 'AGE Commissioners Court Agenda 29 August 2006 Page 3 21. Payment Authorization in the amount of $880.00 from the Precinct 1 Constable's Office to Lawman Badge Company. A purchase order was not obtained in advance. 22. Announcement of interest items and possible future agenda topics. 23. Call for citizen input and/or concerns. 24. Agency / Board / Committee reports by Court members. 25. Adjourn The Brazos County Courthouse is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two business days before the meeting. To make arrangements, call (979) 361-4102. '1L $14 -AGE 3 COMMISSIONERS' COURT REGULAR MEETING AUGUST 29, 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 29, 2006 with the following members of the Court present: Randy Sims, County Judge, Presiding; Lloyd Wassermann, Commissioner of Precinct 1; Duane Peters, Commissioner of Precinct 2; Kenny Mallard, Commissioner of Precinct 3; Carey Cauley, Jr., Commissioner of Precinct 4; Karen McQueen, County Clerk. The attached sheet contains the names of the citizens and officials that were in attendance. Commissioner Peters gave the invocation and led the pledge of allegiance. There was no citizen input/and or concerns. The Court next considered Budget Amendment #05/06-45.1 through 45.11 that would transfer funds from CO Issue 2003 to CO Issue 2004; set up the CLEAR Team Grant; reallocate funds for County Court at Law #1, Commissioners Court, Emergency Management, Auditor's Office, County Clerk, Juvenile Services, 272nd District Court, and 361st District Court; and recognize the value of donated material. On motion by Commissioner Vol 94 Page Commissioners Court meeting August 29, 2006 2 Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the budget amendment as submitted, a copy of which is attached hereto. The Court 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 Wassermann, 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: 7022685 through 7022959 On motion by Commissioner Cauley, seconded by Commissioner Mallard, the Court voted unanimously to approve the Claims as submitted. The County Judge read aloud Proclamation #06-009 designating the month of September, 2006 as "National Childhood Cancer Awareness Month". The Court urges all citizens to join in this campaign to save lives, create awareness and continue the fight against cancer. On motion by the County Judge, seconded by Commissioners Wassermann, Peters, Mallard and Cauley, the Court moved to proclaim the month of September 2006, as "National Childhood Cancer Awareness Month" throughout Brazos County. The County Judge Vol 94 Page 5 Commissioners Court meeting August 29, 2006 3 then presented the signed Proclamation to Mrs. Vickie Beniger and her daughter Erin who is afflicted with cancer. The next matter before the Court was consideration of a Memorandum of Understanding between Brazos County Juvenile Board and San Antonio Positive Solutions, Inc. to provide educational services to the Brazos County Academy (BCA) program. The BCA program serves as an alternative placement for juvenile dispositions. Positive Solutions Charter School agrees to provide state educational services for funds received form the State of Texas as a result of student daily attendance at the Brazos County Juvenile Services Department. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the Memorandum of Understanding. A copy is attached. The Court next considered entering into a Computer Lease Agreement with San Antonio Positive Solutions, Inc. for computer equipment along with an additional memory module for each PC. This will be used in the Brazos County Academy (BCA) program. The rental charge is $1.00 per annum. Term of the lease is for a twelve (12) month period. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to enter into agreement with San Antonio Positive Solutions, Inc. and authorized the County Vol 94 Page Commissioners Court meeting August 29, 2006 q Judge to execute the Agreement on behalf of Brazos County. A copy of the Agreement is attached. The court next considered a request from Commissioner Lloyd Wassermann for payment of lodging expenses while attending the Texas Association of Counties 2006 Annual Conference. The host hotel was full and the overflow hotel rates exceeded the allowable per diem rate. On motion by the County Judge, seconded by Commissioner Peters, the Court voted unanimously to approve the request for payment of lodging expenses. The next matter before the Court was the appointment of Theresa Diaz as the Brazos County Temporary Bilingual Coordinator. Ms. Diaz will assist in the recruiting and training of bilingual poll workers along with other duties. On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to approve the appointment of Theresa Diaz. The Court next considered entering into Agreement with the Texas Workforce Commission (TWC) to protect the confidentiality of the TWC documents. The information and documentation maintained by the Texas Workforce Commission in its role as the state level administrator of the unemployment compensation program is confidential under state and federal Vol ~'4 Page 17 Commissioners Court meeting August 29, 2006 5 law. Disclosure of information is on condition of the faithful adherence to the terms of the agreement. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to enter into Agreement with the Texas Workforce Commission and authorized the County Judge to execute the document. A copy is attached. The Court next considered a request by Judge Margaret Meece, Justice of the Peace, Precinct 2-1 for permission to purchase five 19 inch flat panel monitors from the JP Technology Fund, Minor Computer Hardware. Cost of the monitors is $1,315.00. On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to approve the request. The next matter for consideration was approval of tax refund applications from the following individuals and/or companies: a) David K. Brewer, Over Payment $485.76 b) Christen M. Muzny, Over Payment $6.69 c) Helen Jean Monteilh (2), Over Payment $32.16 & $34.10 d) Oscar Martin Estate, Over Payment $100.00 e) Gordon R. Hitzfelder, Over Payment $61.31 f) James K. & Sonya A. Sellers, Over Payment $2,459.85 g) John McCants & Leony R. Gleen, Over Payment $1,478.89 h) Paul & Martha Morales, Over Payment $208.62 On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to approve the tax refund applications. Vol ?4 Page g Commissioners Court meeting August 29, 2006 6 The Court next considered the appointment of individuals to serve on committees to work with Patterson Architects and Maintenance Director, Carlos Guitron on the remodeling of the County Administrative Building. On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to appoint the attached list of individuals to the committees. The next matter for consideration was approval for the Purchasing Agent to advertise the following bids: a) 2006-042, Hot Mix Asphalt b) 2006-043, Culverts, various types c) 2006-045, Aggregate for Surface Treatment d) 2006-046, Purchase of Motor Graders e) 2006-047, Jail Commissary On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to authorize the Purchasing Agent to advertise for the previously noted bids. The Court next considered awarding RFP No. 2006-032, Collection Services for Delinquent Criminal and Civil Court Costs, Fines, Attorney Fees and Restitution. Becky Stephens, Assistant Purchasing Agent recommended acceptance of the RFP submitted by the law firm of McCreary, Veselka, Bragg and Allen. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to accept the recommendation of the Assistant Purchasing Agent and award the Vol S4 Page 9 Commissioners Court meeting August 29, 2006 contract to McCreary, Veselka, Bragg and Allen RFQ tabulation is attached. 7 A copy of the The Court next considered awarding RFP No. 2006-035, Lease Space for Community Emergency Operations Ctr. On motion by Commissioner Mallard, seconded by Commissioner Peters, the Court voted unanimously to table consideration. The next matter before the Court was Change Order No. 0011-To Install Floor Drain for Covered Arena in the Expo Center. This will increase the contract amount by $5,900.00. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the change order. A copy is attached. The Court next considered approval of the Final Plat of North Country Estates Phase 13, 34.32 Acres in Precinct 2. Richard Vance, County Engineer, stated that he had reviewed the plat and offered the following comment: 1) Add the word "Revised" to the title block of the plat. The County Judge moved to approve the Final Plat subject to the developer complying with the exception noted by the County Engineer. Commissioner Wassermann seconded the motion. Commissioners Wassermann, Mallard, Cauley and the County Judge voted "Aye". Commissioner Peters abstained because he is related to the developer. The motion carried. Vol S4 Page /D Commissioners Court meeting August 29, 2006 g The next matter before the Court was consideration of a payment authorization in the amount of $92.54 from the Brazos Center to Suddenlink for cable service. The existing purchase order had to be closed when Cox Cable changed its name to Suddenlink. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the payment authorization. The Court proceeded to consider another payment authorization. This one, in the amount of $880.00, is from Constable, Precinct 1 to Lawman Badge Company. No purchase order was obtained in advance. On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to approve the payment authorization. There were no announcements of interest items and possible future agenda topics. Under citizen input and/or concerns, the following spoke: Sheriff a) Informed the Court that the jail population is down, but the jail is still over populated. Under Agency/Board/Committee reports by Court members, the following spoke: Vol Page Commissioners Court meeting August 29, 2006 County Judge a) He told everyone in attendance that they might want to take a look at the Expo site. They were pouring concrete. Things are really moving along. Building erection will start September 20. Commissioner Mallard a) Friday, representatives from Bryan, College Station and the County went to Travis County to look at a clinic run by the County. Travis County is saving lots of money. The clinic deals with routine problems for employees and dependants. No co-pay is required. b) TIF #16 (Northgate) committee met last night and it will be coming to court for approval. Commissioner Cauley a) The Riverside sewer project is much larger than the grant will fund. What was planned will not work so we will need to look at alternate funding. County Judge a) There is a workshop scheduled at 10:00 a.m. today. 9 There being no further business to come before the Court, the meeting was adjourned. Vol 0 Page / a, The foregoing minutes of the Commissioners Court meeting held August 29, 2006 have been examined and are approved in open Court this the 94fl- day of 2006, in Bryan, Brazos County, Texas. County Lloyd-'Wassermann Commissioner, Precinct 1 Duane Peters Kenny Malla Commissioner, Precinct 2 Commissioner, Precinct 3 Carey Ca e Jr. Commissi ner, Precinc 4 Attest: .del en Karin McQue~j~ County Clerk Vol'" Page /3 ko BRAZOSCOUNTY COMMISSIONERS COURT DAY OF , 200~ AT Name Organization So O 1l'40c ~sCn CY ~Y'PkN- p 3 J~ BRAZOSCOUNTY COMMISSIONERS COURT ~ DAY OF , 2006 AT d o AVM :rA Name Organization UO Jac*-So n 2 osS T &&&, el "qL : AGE f 5 BRAZOSCOUNTY COMMISSIONERS COURT DAY OF iy::O~ , 206)6 AT ~!0j~ A f. Name Organization luo 6"'l P11- c(wv- O 4 PAGE- 1~1~1 /24& ql~~ a BRAZOS COUNTY COMMISSIONERS COURT , W~ DAY OF , 20 D~ AT q ~a Name Organization all C. ek. G 17._. BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2005-2006 BUDGET YEAR NO. 05/06-45.1 thru 05/06-45.11 #:~f7 On this the 291h 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 were held: THAT WHEREAS, on 29 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 29`h day of August 2006. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. By: Original: County Clerk's Office and attached to the original budget Copies: County Auditor County Treasurer Commissioners' Court Minutes IL~q el9 , IL BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 05/06 - 45.1 8/29/2006 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 4904 47010000 CR Reserve Fund Balance 316,310.00 4904 63491004 80440000 DR Land 316,310.00 4800 47010000 DR Reserve Fund Balance 316,310.00 4800 6348100 80440000 CR Land 316,310.00 CO Issue 2004 and CO Issue 2003: To increase the reserve fund balance of CO Issue 2004 and decrease the reserve fund balance of CO Issue 2003 based on the actual reserve fund balance of FY2005. R2AZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 05/06 - 45.2 Rn.0i2nn6 FD DIV ACCT PROJ DR/CR v ACCOUNT NAME Increase Decrease 3201 46050000 CR Matching Funds 101,971.0 0 3201 48047500 CR Grant - CID 226,370.00 3201 282200 51610000 DR Hour] - Staff 12,000.00 3201 282200 51615000 DR Hourl -Law Enforcement 110,000.00 3201 282200 51991100 DR Grant Match 22,000.00 3201 282200 51810000 DR Longevity - Coun 800.00 3201 282200 53100000 DR Social Security 9,800.00 3201 282200 53101000 DR Flex Benefit Admin. Fee 70.00 3201 282200 53200000 DR Retirement 14,500.00 3201 282200 53300000 DR Health Insurance 16,000.00 3201 282200 53320000 DR Dental Insurance 300.00 3201 282200 53800000 DR Workers' Com . 3,000.00 3201 282200 53900000 DR Unemployment 110.00 3201 282200 53991100 DR Benefits - Match 8,000.00 3201 282200 71400000 DR Contractural Services - PO 7,362.00 3201 282200 61801000 DR Travel 1,500.00 3201 282200 67230000 DR Copier 4,729.00 3201 282200 67281000 DR Equipment - Electronic 3,060.00 3201 282200 80310000 DR 800 MHz Communication S ste 66,467.00 3201 282200 60030000 DR Canine Supplies 300.00 3201 282200 60170000 DR Co ier/Printer Supplies 150.00 - 3201 282200 60600000 DR Office Supplies 750.00 3201 282200 61060000 DR Bonds 100.00 3201 282200 61120000 DR Confidential Funds 4,000.00 3201 282200 61400000 DR Vehicle Insurance 5,000.00 3201 282200 61460000 DR Pagers 298.00 3201 282200 61730000 Telephone - Lon Distance 335.00 3201 282200 61740000 Telephones 5,272.00 3201 282200 61750000 Cellular Phones 2,114.00 3201 282200 65200000 t Co ier Maintenance 322.00 3201 282200 65320000 E ui ment Maintenance 50.00 3201 282200 65350000 DR Gasoline 9,994.00 3201 282200 65950000 DR Vehicle Maintenance 1,500.00 3201 282200 72680000 DR Securit Services 222.00 3201 282200 71506000 DR Office Rent 18,236.00 CLEAR Team - To set u the budg et for the rant period 4/1/06 - 9/30/06. 1 BIOS COUNTY, TEXAS BUDGET AMENDMENTS No. 05/06 - 45.3 24 a' BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 05/06 - 45.4 :24a BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 05/06 - 45.5 8/29/2006 rv, a3 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 05/06 - 45.6 R/70nnn6 1..: 7 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 05/06 - 45.7 8/29/2006 sit LD BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 05/06 - 45.8 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 010 0 21000100 59100000 CR DDEA 0100 21000100 61110000 DR Conference & Seminar Fees 200 00 E ,000.00 0100 21000100 61801000 DR Travel . 1.800.00 To reallocate funds to cover the conference and travel costs. It is to allow three deputy clerks to attend the Texas College of Probate Jud es' Annual Meeting., September 21-23, 2006 in Irving, Texas. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 05/06 - 45.9 8/29/2006 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 31000300 60350000 CR Food & Food Supplements 1,600.00 0100 31000100 67670000 DR Printers 1,600.00 0100 31010000 71500000 CR Rental - Equipment 4,600.00 0100 31000200 67050000 DR Appliances 4,600.00 0100 31000200 60350000 CR Food & Food Supplements 3,050.00 0100 31000200 67050000 DR Appliances 3,050.00 Juvenile Services: To reallocate funds between divisions to cover the costs of printers and a liances. IGL a7 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 05/06 - 45.10 8/29/2006 FD DIV ACCT PROD DR/CR ACCOUNT NAME Increase Decrease 0100 22100100 61110000 CR Conference & Seminar Fees 80.00 0100 22100100 61931000 CR Visiting Judges 90.00 0100 22100100 61620000 CR Subscriptions & Publications 300.00 0100 22100100 61280000 CR Dues 300.00 0100 22100100 60600000 CR Office Supplies 150.00 0100 22100100 59100000 CR DDEA 600.00 0100 2210010 60360000 CR Furniture 50.00 0100 22100100 52500000 DR Contract Services 350.00 0100 22100100 61801000 DR Travel 450.00 0100 2210010 61900000 DR Visiting - Court Reporters 550.00 0100 22100100 61490000 DR Petit Jury Expense 170.00 0100 22100100 60170000 DR Co ier/Printer Supplies 50.00 272nd District Court: To reallocate funds amon various line items. 84 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 05/06 - 45.11 2. 94 NWv oq9 PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: August 29, 2006 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Department Submitting Employee Request Action Requested Request(s) Applies To District Clerk Chavarria, Andria Davis, Betty Eckstrom, Bethany Enloe, Jennifer Kibler, Alissa Kuykendall, Holly Lee, Susan Montoya, Esperanea Spittler, Mary Ann Juvenile Services Blankenship, Marc Costello, Robert Hightower, Joselyn Robinson, Leonard Promotion Promotion Promotion Resignation Promotion Promotion New Hire Resignation Promotion Demotion Resignation State Stipend Step Increase Approved in Commissioners' Court: August 2! County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) f9_7 MEMORANDUM OF UNDERSTANDING BETWEEN THE BRAZOS COUNTY JUVENILE BOARD AND SAN ANTONIO POSITIVE SOLUTIONS, INC. (POSITIVE SOLUTIONS CHARTER SCHOOL) FOR THE 2006-2007 SCHOOL YEAR This Memorandum of Understanding (MOU) is entered into between the Brazos County Juvenile Board (BCJB) and Positive Solutions Charter School located at 1325 North Flores, Suite 100, San Antonio, Texas 78212. PURPOSE The purpose of this MOU is for Positive Solutions Charter School to provide educational services to the Brazos County Academy (BCA) program. The BCA program serves as an alternative placement forjuvenile dispositions. RESPONSIBILITIES OF THE BRAZOS COUNTY JUVENILE BOARD The BCJB will provide the facility, (to include general maintenance) utilities, (to include telephone/s and Internet access) furniture (to include student tables, chairs, computer hardware) for the operations of the Brazos County Academy program. BCJB will also provide an on-site Probation Officer for case management and supervision of the students assigned to the Brazos County Academy, and Activities Instructors to provide security, maintenance of student discipline and auxiliary services to include counseling, anger management, motivational and physical education classes, etc. BCJS will provide one instructor to assist with academic instructional services at the Academy. The Special Program Manager will provide the supervision of all county personnel assigned to the Brazos County Academy and the ultimate responsibility of all county personnel assigned to the program belongs to the Executive Officer of the Brazos County Juvenile Services Department. RESPONSIBILITIES OF POSITIVE SOLUTIONS CHARTER SCHOOL Positive Solutions Charter School will provide all aspects of the appropriate educational services for the Brazos County Academy Program that are legally required by the State of Texas. This will include a certified teacher-student class ratio of 1:18 and one (1) full time Office Assistant. A substitute teacher will be utilized if the certified teacher will be absent from class on five or more consecutive school days. Payment for the teacher will be provided by Positive Solutions Charter School. Positive Solutions Charter School will provide at a minimum fours hours of academics per day. Curriculum, assessment, technology and all mandated requirements set by the State of Texas Education Agency through the Texas Education Code as it applies to Charter Schools in the State of Texas will be provided by Positive Solutions Charter School. Positive Solutions Charter School will make its best effort to meet educational needs of each student assigned to the Brazos County Academy to included Limited English Proficiency and Special Needs Students. The supervision of Positive Solutions Charter School personnel and the academic program will be the responsibility of Positive Solutions Charter School's Superintendent or designee. In addition, Positive Solutions Charter School will be responsible for maintaining accurate daily attendance records, and for submitting all required reports to the Texas Education Agency. Positive Solutions Charter School personnel will work closely with the Special Program Manager of Juvenile Services to assure successful operation of the Brazos County Academy Program/Positive Solutions Charter School located in Bryan, Texas. Positive Solutions Charter School will provide 180 days of student instructional service. Positive Solutions Charter School will provide office/classroom supplies, and other such inventory for the successful operations of the academic services of the BCA. Positive Solutions Charter school in conjunction with the Special Program Manager will coordinate the receiving and transfer of students with the appropriate school district including admission documentation, ARD, transcripts of grades, special education records, student withdrawals etc. Positive Solutions Charter School as part of its contractual obligation to provide educational services to the Brazos County Academy, shall keep the Computer Equipment in good working order so that it is operable during all educational instruction hours. Positive Solutions Charter School shall abide by the lease agreement between Brazos County and San Antonio Positive Solutions Charter School if there be any. FUNDING Positive Solutions Charter School agrees to provide the above state educational services for funds received from the State of Texas as a result of student daily attendance at the Brazos County Academy program. The Brazos County Juvenile Board, Brazos County Commissioners Court, Brazos County Juvenile Services Department or any other entity of Brazos County will not be responsible for providing any form of financial support to Positive Solutions Charter School for any services rendered. Brazos County will be awarded only the daily attendance funding for students attending the Academy under the Juvenile Justice Alternative Education Program. ADMINISTRATION OF TAAS/TAKS In accordance with the Texas Education Code, Positive Solutions Charter School will be responsible for administering all aspects of the Texas Assessment of Academic Skills (TAAS)/Texas Assessment of Knowledge Skills (TAKS) to students assigned to the Brazos County Academy program. MISCELLANEOUS Consistent with the Texas Education Code and the Texas Juvenile Justice Code, the parties hereto agree to use their best efforts to expedite the administrative and judicial processing of all cases related to this MOU. `:a: 8 4 To the extent permitted by applicable law, but without waiver or expansion of any limits established by the Texas Tart Claims Act, each part of the MOU will indemnify and hold harmlessly the other parties and their officers, employees and agents from and any and all claims proximately caused by negligence, breach, or other act of omission by the indemnifying part of its officers, employees, or agents. In accordance with the Texas Education Code, the Brazos County Juvenile Board, Brazos County Commissioners Court and employees of the Brazos County Juvenile Services Department are immune from liability to the same extent as Positive Solutions Charter School Directors, Superintendent employees and volunteers are immune from liability. If any provisions, sections, 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 or competent jurisdiction to be invalid, void, or unenforceable, the remaining provision hereof will remain in full force and effect. This MOU, together with the instrument heretofore incorporated by reference and attachments hereto, contains the entire agreement between parties with respect to the subject matter thereof No other agreement, statement, or promise made by or to any employee, officer, official, or agents of any party that is not contained herein is not of any force or effect. Any modifications to the terms hereof must be in writing and signed by all parties. The individuals executing this MOU on behalf of the respective parties below represent to each other and to others that all appropriate and necessary actions have been taken to authorize the individual who is executing this MOU to so o on behalf of the Party for which his or her signature appears, and that there are no other parties or entities required to execute this MOU in order for the same 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, is valid and effective on the date hereof. The death or attempted suicide of a student occurring at the Brazos County Academy program must be reported immediately to the Brazos County Sheriffs Office, the Brazos County Juvenile Board, the student's parent(s) or legal guardian. And, a written report must be submitted to the Texas Juvenile Probation Commission within twenty-four (24) hours of the event. Any allegations of abuse or neglect of a student assigned to the Brazos County Academy Program must be documented and reported immediately to Positive Solutions Charter School Superintendent, Brazos County Sheriffs Officer for investigation, as required by Chapter 261, Texas Family Code. And, a written report must be submitted to the Texas Juvenile Probation Commission within twenty-four (24) hours of the event. 24 ,o 33 TERMS OF THIS MEMORANDUM OF UNDERSTANDING The term of this MOU is from the effective date of this signing by all Parties involved through August 2, 2007. Renewal will be made on a year-to-year basis by mutual consent of the Parties. Termination of this agreement may take place with 60 days notice provided by either party. This MOU is executed in multiple original, 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. Zq-h- EXECUTED this the -14"' day of August 2006. Randy Ws, County Judge Chaff an, Brazos County Juvenile Board Arturo. Suare , upedntendent Positive Solutions Charter School 84 ryv 34 COMPUTER EQUIPMENT LEASE This Lease is made this the 141 day of AUGUST , 2006 , between BRAZOS COUNTY, TEXAS, herein referred to as Lessor, and SAN ANTONIO POSITIVE SOLUTIONS, INC., 1325 North Flores, San Antonio, Texas 78212, herein referred to as Lessee. 1. Equipment and Rent Subject to the terms and conditions of this lease, Lessor leases to Lessee and Lessee hires from Lessor the following computer equipment: along with an additional memory module for each PC listed below, the same being Product #174224-621 for 128MB SDRAM 133 DIMM ALL. PC's: Compaq EVO D500 UltraSlim 1.4 GHZ: V239KL7ZA028; V239KL7ZA029; V239KL7ZA030; V239KL7ZA031; V239KL7ZA032; V239KL7ZA033; V239KUZA034; V239KL7ZA035; V239KL7ZA036; V239KL7ZA037. Compaq IPAQ C800 PC: 6XICJDVZLOA6;6X1CJDVZB036. UPS: Compaq Pro UPS 500: 527B201LSNJ02S; 527B201LSNJO2U; 527B201LSNJ034: 527B201LSNJODE; 527B201LSNJODG; 527B201LSNJODK;527B2011LSNJOEI; 527B201LSNJOE2; 5276201LSNJOE3; 527B201LSNJOE5; 527B201LSMY09U; 527B291 LSMYOBE. Monitors: Compaq S7500 17": 228CP76PH057; 228CP76PH060; 228CP76PH061; 228CP76PH062; 228CP76PH063; 228CP76PH066; 228CP76PH072; 228CP76PH249; 228CP76PH359; 228CP76PH369 Compaq S720: 143CP43AA636;143CP43AA637 (Herein collectively the "Equipment") at the rental charge of One and NO/100 Dollars ($1.00) per annum. 2. Term of Lease Any item of equipment subject to this lease shall have an initial term of approximately twelve (12) months from the effective date hereof. Renewal of this lease will be made annually thereafter on the anniversary of the effective date upon the mutual agreement of the parties. This lease shall automatically terminate upon the termination of that certain Memorandum of Understanding between the parties related to providing education services at the Brazos County Academy. Fq '4~ 25 3. Maintenance Lessee shall be responsible for keeping the Equipment in good working order and making all necessary adjustments, parts replacements and repairs. Lessor shall assign Lessee, its three (3) year manufacturer's warranty on all of the Equipment. Lessee shall have full and free access to the Equipment in order to make necessary repairs and maintenance during the Lessor's business hours. Lessee, as part of its contractual obligation to provide education services to the Brazos County Academy, shall keep the Equipment in good working orders so that it is operable during all educational instruction hours. Lessee shall be responsible for obtaining and maintaining the proper licensing of all software installed on the Equipment. 4. Risk of Loss The Equipment shall be installed and at all times during the lease term shall remain on Lessor's property. Should necessary repairs require the removal of the Equipment from Lessor's property, Lessee shall obtain written consent for such removal. At all times during which the Equipment is in the possession of Lessee, Lessee shall bear all risk of loss or damage to the equipment while on Lessors property except for Lessee's intentional destruction of the equipment. 5. Alterations and Attachments No alterations in or attachments to the equipment shall be made without Lessor's prior written approval, which approval shall not be reasonably withheld. If, after written approval has been obtained, the alterations or attachments interfere with the normal and satisfactory operation or maintenance of any of the equipment in such manner as to create a safety hazard, Lessee shall, on notice from Lessor to the effect, promptly remove the alterations or attachments and restore the equipment to its normal use. 6. Termination Either party may terminate this lease upon thirty (30) days written notice. 7. Title to Equipment The equipment shall remain the property of Lessor. 8. Notice Any notice or other communication given under this lease shall be in writing and mailed if to Lessor, to 1904 West Highway 21, Bryan, Texas 77803, Attn: Collin A. Coker, and to the I.T. Department, 202 East 27th Street, Suite 102, Bryan, Texas 77803, Attn: Eric Caldwell, and if to Lessee, to 1325 North Flores, San Antonio, Texas 78212, Attn: Arturo Suarez, or to such other address as such party shall have designated by notice in writing. Such notice or communication shall be deemed delivered when sent prepaid, certified mail, return receipt requested. 24 3(D 9. Governing Law The lease shall be governed by the laws of the State of Texas and constitutes the entire agreement between Lessor and Lessee with respect to the furnishings of equipment and the service thereof. This contract is performable in Brazos County, Texas 10. Waiver, Amendment or Modification No provision of this lease shall be deemed waived, amended, or modified by either party unless such waiver, amendment or modification is in writing, signed by the party against whom it is sought to enforce the waiver, amendment or modification. IN WITNESS, the parties have executed this lease at Bryan, Brazos County, Texas, the day and year first above written. BRAZOS NTY, TF~~ SAN ANTONIO POSITIVE SOLUTIONS, IN C. Randy Sims unt Judge Artur uarez, Dire CEO Date: 74 E4 Date: 11, 2CX G q4 C 7 U1J~~J~ CONSMUMON GROUP" Tuesday, August 15, 2006 Brazos County 300 East 26th Street Bryan, TX 77803 Attn: Randy Sims RE: Exposition Center Hunt Job No. 3096 Subject: Hunt Construction Group, Inc.Potential Change Order No. 011 Hunt Construction Group, Inc. is hereby respectfully submitting for your review and approval the above subject change item in the amount of $5,900.00 five thousand nine hundred dollars. 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. Sincerely Corbyn Roberts Project Manager cc: PC) File: 011 P Y the tect Date Approved b Owner Date Hunt Construction Group, Inc. 1700 State Highway 21W, Bryan, Texas 77803 Phone: (979) 822-9318 Fax: (979) 822-9429 w ..huntconstructiongroup.cotn - 19q J 38 Tuesday, August 15, 2006 Mr. Randy Sims Brazos County 300 East 26th Street Bryan, TX 77803 RE: Potential Change Order Break Down PCO No. 011 Exposition Center - 3096 Dear Mr. Sims, We have finalized gathering all the required quotations for PCO Number 011 for the following extra work: Area Drain for Covered Arena . 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 and Install a fully $5,900.00 Glenn Fuqua, Inc operational emergency floor drain approximatly 12" below the dirt floor in the North West corner of the covered arena. Drain is to connect to inlet box #8. Total Amount $5,900.00 If you have any questions regarding this Potential Change Order, please call me at your earliest convenience. 814 ~ Zc~ Ala GLENN FUQUA, INC. P.O. BOX SB9 H IGFfWAY& HEAVY CONTRACTOR$ OMC2:(936)835-7153 NAVASOTA• TX 7786A FAR: (936) 155-7465 RECEIVED a 2006 HUNT C0MT7,€JC L @ll 'MOUP TELECOP'Y MEMORANDUM DAZE: k_15-494 TOTAL PAGES:/ TO: Gorxy/ v LOCATION: /7 e-§rn f 1:9"7X 6r o C,~ d IF YOU HAVE ANY ( CLEAR PLEASE CONTACT '!'IONS, OR W THE FAX DOES OFFICE ASAP. THANK YOU. 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