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HomeMy WebLinkAbout2006-10-03-9:00AM-REGULARE-el 4 l60o SP 29 A It: 52 BRAZOS COUNTY-``era S rr~, texAs BRYAN, TEXAS Ur: DEPUTY NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON 3 OCTOBER 2006 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM OF THE BRAZOS COUNTY COURTHOUSE, 300 E. 26' STREET, SUITE 115, BRYAN, TEXAS. 1. Invocation and Pledge of Allegiance - Commissioner Cauley. 2. Call for citizen's input and/or concerns. Consider and take action on agenda items 3 - 27: 3. Budget Amendment 05/06-50.1 thru 05/06-50.3. 4. Reclassification of the following positions at the Brazos Center as follows: a. from Position 1, Group 7, Step 6, Custodian I to Position 1, Group 8, Step 4, Lead Custodian b. from Position 1, Group 12, Step 8, Grounds Maintenance Worker H to Position 1, Group 13, Step 6, Landscape Crew Leader. 5. Personnel Change of Status. 6. Payment of Claims. 7. Discussion regarding a Ban on Outdoor Burning, and possible action. 8. Addendum to the contract with Patterson Architects and JaCody Construction for the scope of the work on the Justice of the Peace, Precinct 3 building, adding additional work related to storage and backup computer servers (previously tabled). 9. Treasurer's Report for the Month of August 2006. Office of the County Judge . 300 East 261" St. . Suite 114 . Bryan, Texas 77803 . Fax: (979) 361-4503 VOL ~ 7 PAGE 1 Commissioners Court Agenda 3 October 2006 Page 2 10. Permission to purchase the Alpha Card System and related equipment for the production of ID badges for County employees, using funds from the Courthouse Security Budget. 11. Contracts with the following organizations for the 2007 fiscal year: ~ a. Dispute Resolution Center b. Voices for Children c. African American Museum of the The Brazos Valley Z d. Dispute Resolution Center e. Mental Health Mental Retardation Authority of Brazos Valley f Volunteer Fire Department, Pct. 1 g. Volunteer Fire Department, Pct. 2 h. Volunteer Fire Department, Pct. 3 i. Volunteer Fire Department, Pct. 4 j. Indigent Health Care 12. Service Agreement with Tax Research & Recovery, Inc. for the purpose of evaluating Brazos County's telecommunication services and products as well as excise taxable goods and services, and providing recommendations for cost and performance improvement. 13. Renewal of the Clinical Services Agreement with the Department of Psychology at Texas A&M University for clinical psychological services provided by students enrolled in the doctoral clinical psychology program. 14. Brazos County Payroll for Fiscal Year 2007 (10/01/06 - 9/30/07): Salary and Wages $ 23,840,952.00 Benefits 8,896,168.00 Total $ 32,737,120.00J 41 15. Brazos County Order #06-007 directing the Payroll Fundto the General Fund. 16. Tax Refund Applications for the following: a. 2C Development b. Russell & Brenda Bennett c. Bryan Broadcasting Co. d. Leah H. Davis e. Timothy Debban f. Retia Mae Taylor g. Ayodele J. & Otutumininu Coker h. Norma Patricia Garza (2) i. Robert J. & Debi Santini j. Raymond D. Jr. & Marge Thielen k. Darrel J. & Marla Rea 1. Henry L. Berger, Jr. m. Shane H. Hayes & Tiffin 17. Request from Commissioner Mallard for payment of lodging expenses while attending the County Judges and Commissioners Conference in Addison, Texas. The host hotel was full, and the rate at the alternate hotel is above what Brazos County allows. 18. Amendment No. 3 to the Contract for Construction Manager Services between Brazos County and Hunt Construction Group, Inc. for the Sheriff's Administration Building and the Exposition Center. VOL 97 PAGE a Commissioners Court Agenda 3 October 2006 Page 3 19. Permission to destroy boxes of paper that have not been i use for over three years; these boxes have the County Seal and, therefore, cannot be :Xdd for private use. Inventory numbers are 2004 with a count of 89 boxes, 2100 with a count of 12 boxes, and 2104 with one box. 20. Renewal of Bid 2005-043, Lane Striping and Pavement Markers as follows, effective 10/15/06 thru 10/14/07, with no increase in rates and a new bid number of 2006-043: Primary Vendor Lone Star Pavement Services, Inc. Secondary Vendor N-Line Traffic Maintenance 21. Renewal of Bid 2005-032, Cleaning Supplies for the Jail, to Prostar Industries with no increase in prices; new bid number is 2006-050R. 22. Acceptance of a Special Warranty Deed from Jimmy R. Lloyd for improvements to Old Reliance Road located in Precinct 2. 23. Acceptance of a Special Warranty Deed from John A. Lloyd for improvements to Old Reliance Road located in Precinct 2. 24. Permission for Lauth Property Group, LLC to conduct approximately four soil borings on the Brazos Center property south of their parking lot and four pavement corings along the Brazos Center's main drive. 25. Acceptance of a Special Warranty Deed from Carrabba Brothers, Ltd. For improvements to Dilly Shaw Tap Road located in Precinct 2. 26. Proposed Policy on Longevity Pay (previously tabled). 27. Determination of pay date for compensatory time over the new balances approve by Commissioners Court on 26 September 2007. 28. Acknowledgement of the certificate of completion for the required course of training on the Open Meetings Act for Commissioner Lloyd Wassermann. 29. Acknowledgement of the Monthly Reports submitted in September 2006. These reports are available for review in the County Judge's Office 30. Announcement of interest items and possible future agenda topics. 31. Call for citizen input and/or concerns. 32. Agency / Board / Committee reports by Court members. 33. Adjourn The Brazos County Courthouse is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two business days before the meeting. To make arrangements, call (979) 361.4102. VOL 87 PAGE 3 COMMISSIONERS' COURT REGULAR MEETING OCTOBER 3, 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, October 3, 2006 with the following members of the Court present: Randy Sims, County Judge, Presiding; Lloyd Wassermann, Commissioner of Precinct 1; Duane Peters, Commissioner of Precinct 2; Kenny Mallard, Commissioner of Precinct 3, Absent; Carey Cauley, Jr., Commissioner of Precinct 4; Karen McQueen, County Clerk. The attached sheet contains the names of the citizens and officials that were in attendance. Commissioner Cauley gave the invocation and led the pledge of allegiance. Under citizen input/and or concerns the following spoke: County Judge a) There is a press release from the Department of Agriculture about an available grant for victims of the drought. The Court next considered Budget Amendment #05/06-50.1 through 50.3 that would reallocate funds for Juvenile Services Detention Center, and Juvenile Referee; transfer funds from Contingency to Justice of the Peace, Precinct 2, Place 2, Vol 87 Page 4 Commissioners Court meeting October 3, 2006 2 Justice of the Peace, Precinct 1 and Constable, Precinct 1. 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 a request from the Director of the Brazos Center to reclassify two positions as follows: a. From: Position 1, To: Position Custodian b. From: Position 1, Maintenance Worker To: Position 1, Crew Leader Group 7, Step 6, Custodian I 1, Group 8, Step 4, Lead Group 12, Step 8, Grounds II Group 13, Step 6, Landscape On motion by the County Judge, seconded by Commissioner Peters, the Court voted unanimously to approve the request. 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: 7023837 through 7024057 Vol 93 Page 5 Commissioners Court meeting October 3, 2006 3 On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the Claims as submitted. The next matter before the Court was consideration of a ban on outdoor burning in Brazos County. Chuck Frazier, Emergency Management Coordinator, said the KBDI mean is over 600 currently but recommended not instating a ban. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to not instate an outdoor burning ban in Brazos County but it will be considered on a weekly basis. The Court next considered an Addendum to the contract with Patterson Architects and JaCody Construction for the scope of the work on the Justice of the Peace, Precinct 3 building. This is for additional work related to storage and backup computer servers. The County Judge moved to approve. Commissioner Cauley seconded the motion. After considerable discussion the County Judge and Commissioner Cauley withdrew their motion and second. Then on motion by the County Judge, seconded by Commissioner Cauley, the Court voted unanimously to table consideration. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to receive, approve and order filed as submitted the Treasurer's Vol S-~ Page tp Commissioners Court meeting October 3, 2006 4 report for August, 2006. A copy is attached to and made a part of these minutes. The next matter before the Court was to consider for purchase the Alpha Card System and related equipment for the production of ID badges for County employees. The current system used to produce ID badges for county employees has failed and is not supported by the original company from which it was purchased. The proposed Alpha Card System will cost $2,740.00. On motion by the County Judge, seconded by Commissioner Cauley, the Court voted unanimously to approve the purchase of the Alpha Card System. The Court next considered approval of the following contracts for the 2007 fiscal year: a) Dispute Resolution Center-Central Brazos Valley, Inc., $7,500.00 b) Voices for Children, Inc., $40,000.00 c) African American Museum, $25,000.00 d) Duplicate of item "a" e) Mental Health Mental Retardation Authority of Brazos Valley, $90,000.00 f) South Brazos County Fire Department, $29,000.00 g) District 2 Volunteer Fire Department, $29,000.00 h) Precinct 3 Volunteer Fire Department, $29,000.00 i) Precinct 4 Volunteer Fire Department, $29,000.00 j) Brazos Valley Council of Governments, $96,700.00 On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the above referenced contracts for the 2007 fiscal year. A copy of each is attached. Vol 97 Page ~ Commissioners Court meeting October 3, 2006 5 The next matter before the Court was consideration of a Service Agreement with Tax Research & Recovery, Inc. for the purpose of evaluating Brazos County's telecommunication services and products as well as excise taxable goods and services, and providing recommendations for cost and performance improvement. The cost to Brazos County will be 40 percent of any refunds/credits that result from the service and 40 percent of 36 months of any future savings from time of presentation of savings. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the Service Agreement. A copy is attached. The Court next considered the renewal of the Clinical Services Agreement with the Department of Psychology at Texas A&M University. This agreement provides Doctoral Clinical Psychology students with on site educational experiences from Juvenile Services. Juvenile Services receives clinical psychology services provided by the students. The cost to Juvenile Services is $1,135.52 per month. The term of the agreement is for a period of twelve (12) months beginning October 1, 2006 through September 30, 2007. On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to approve the renewal of the Clinical Services Agreement. A copy is attached. Vol 8 Page Commissioners Court meeting October 3, 2006 6 The next matter before the Court was the approval of the Brazos County payroll for fiscal year 2007. Salary and wages Benefits Total $23,840,952.00 $ 8,896,168.00 $32,737,120.00 On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve The Court next considered adopting Order #06-007 directing the Payroll Fund be transferred to the General Fund. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to adopt the Order. A copy is attached. The next matter for consideration was approval of tax refund applications from the following individuals and/or companies: a) 2 C Development, Over Payment $9,221.57 b) Russell & Brenda Bennett, Over Payment $4,912.77 c) Bryan Broadcasting Co., Over Payment $1,824.22 d) Leah H. Davis, Over Payment $36.19 e) Timothy Debban, Over Payment $132.85 f) Retia Mae Taylor, Over Payment $5.01 g) Ayodele J. & Otutumininu Coker Over Payment $56.37 h) Norma Patricia Garza (2), Over Payment $50.00 & $23.42 i) Robert J. & Debi Santini, Over Payment $10.00 j) Raymond D. Jr. & Marge Thielen, Over Payment $146.94 k) Darrel J. & Marla Rea, Over Payment $4,360.57 1) Henry L. Berger, Jr., Over Payment $73.61 m) Shane H. Hayes & Tiffini, Over Payment $30.52 On motion by Commissioner Peters, seconded by Commissioner Vol 87 Page q Commissioners Court meeting October 3, 2006 7 Cauley, the Court voted unanimously to approve the tax refund applications. The next matter before the Court was a request from Commissioner Kenny Mallard for payment of lodging expenses while attending the County Judges and Commissioners Conference in Addison, Texas. On motion by the County Judge, seconded by Commissioner Cauley, the Court voted unanimously to approve the request. The Court next considered approval of Amendment No. 3 to the contract between Hunt Construction and Brazos County for the Sheriff's Administration Building and the Exposition Center. The amendment addresses Hunt's Guaranteed Maximum Price (GMP) for the work at Twenty Two Million Nine Hundred Forty-Nine Thousand Eighty Dollars ($22,949,080.00). On motion by the County Judge, seconded by Commissioner Peters, the Court voted unanimously to approve Amendment No. 3 to the contract with Hunt Construction. A copy is attached hereto. The Court next considered authorizing the destruction of old requisition and purchase order forms that have not been in use for over three years. The forms have the county seal and cannot be sold for private use. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to authorize the destruction of the old forms. Vol 97 Page /0 Commissioners Court meeting October 3, 2006 g The next matter before the Court was the renewal of bid 2005-043, Lane Striping and Pavement Markers. The current award is as follows: Primary Vendor - Lone Star Pavement Services, Inc. Secondary Vendor - N-Line Traffic Maintenance The vendors have agreed to renew at the same rates for an additional year. On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to approve the renewal of bid 2005-043 with the new bid number of 2006-044R. The next matter before the Court was the renewal of bid 2005-032, Cleaning Supplies for the Jail awarded to Prostar Industries. The vendor has agreed to renew at the same rates for an additional year. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the renewal of bid 2005-032 with the new bid number of 2006-050R. The Court next considered acceptance of a Special Warranty Deed for right-of-way on Old Reliance Road in Precinct 2. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to authorize the County Judge to accept on behalf of Brazos County a Special Warranty Deed from Jimmy R. Lloyd for the expansion and improvements to Old Reliance Road. Vol 87 Page Commissioners Court meeting October 3, 2006 9 The next matter before the Court was the acceptance of a Special Warranty Deed for right-of-way on Old Reliance Road in Precinct 2. On motion by Commissioner Peters, seconded by Commissioner Wassermann; the Court voted unanimously to authorize the County Judge to accept on behalf of Brazos County a Special Warranty Deed from John A. Lloyd for the expansion and improvements to Old Reliance Road. The Court next considered a request from Lauth Property Group LLC to take several soil borings on the Brazos Center property. On motion by the County Judge, seconded by Commissioner Peters, the Court voted unanimously to approve the request from Lauth Property Group LLC. The Court next considered acceptance of a Special Warranty Deed for right-of-way on Dilly Shaw Tap Road in Precinct 2. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to authorize the County Judge to accept on behalf of Brazos County a Special Warranty Deed from Carrabba Brothers, Ltd. for the expansion and improvements to Dilly Shaw Tap Road. The next matter before the Court was consideration of the proposed Policy on Longevity Pay. Commissioner Cauley moved to approve the proposed policy with the strike outs. There was lengthy discussion concerning the policy as to how to pay Vol 9~ Page IA Commissioners Court meeting October 3, 2006 10 longevity, when to distribute the funds, how longevity will be paid when an employee terminates his/her employment with the county. At 10:00 a.m. the County Judge recessed the meeting to allow the proposed policy to be re-written to include items mentioned above. At 10:15 a.m. the County Judge reconvened the Commissioners Court meeting. Commissioner Peters moved to approve the proposed policy addressing the items mentioned above. Commissioner Cauley seconded the motion. Commissioners Wassermann, Peters and Cauley voted "Aye". The County Judge voted "No". The motion carried. A copy is attached. The next matter before the Court was to determine the pay date for compensatory time over the new balances approved by Commissioners Court on September 26, 2006. On motion by the County Judge, seconded by Commissioner Peters, the Court voted unanimously to designate the last payroll in September as the pay date for compensatory time. If not taken, the compensatory time will be paid out that the employee's regular rate of pay. The County Judge asked the department heads to direct all employees to take time off by the end of November or it will be paid out. The Court acknowledged receipt of a Certificate of Completion for the required course of training on the Open Meetings Act for Commissioner Wassermann. Vol U Page I Commissioners Court meeting October 3, 2006 11 The Court acknowledged receipt of the Extension Service reports for August 2006 and acknowledged receipt of reports from the following County and Precinct Offices showing revenues collected and remitted to the County Treasurer: County Clerk District Clerk Justice of the Peace Precinct 1 Justice of the Peace Precinct 2, Place 1 Justice of the Peace Precinct 3 Justice of the Peace Precinct 4 Constable Precinct 1 Constable Precinct 2 Constable Precinct 3 Constable Precinct 4 Road & Bridge A copy of the Officials' reports can be viewed in the County Auditor's office. There were no announcements of interest items and possible future agenda topics. There was no citizen input and/or concerns. There were no Agency/Board/Committee reports by Court members. There being no further business to come before the Court, the meeting was adjourned. Vol $7 Page Il- The foregoing minutes of the Commissioners Court meeting held October 3, 2006 have been examined and are approved in open Court this the 12, day of D~e-e rjbr 2006, in Bryan, Brazos County, Texas. Randy S' s Lloyd Wassermann County/Judge Commissioner, Precinct 1 l1LnPn+- Duane Peters Commissioner, Precinct 2 Clarey Cau ey, Jr. Commissi ner, Preci ct 4 Attest: i Ka en McQueen County Clerk e.bsC4+ Kenny Mallard Commissioner, Precinct 3 Vol q7 Page 15 BRAZOSCOUNTY COMMISSIONERS COURT `3AQ DAY OF CTt~- , 2(6(_ AT • oc~ AM/A~t Name Organization 4 .1 1 ~o 9 C 0 YOL 8-7 PAGE 160 BRAZOSCOUNTY COMMISSIONERS COURT 2/ta- DAY OF 200(, AT ! p AM/ - Name ization C~--A ~~K (tt'~~J~"Y 1 W. Vol L7 PAGE I-7 BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2005-2006 BUDGET YEAR NO. 05/06-50.1 thru 05/06-50.3 #73 On this the 3`d day of September 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 3 October 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 3`d day of September 2006. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. RandyXms, County Judge Original: County Clerk's Office and attached to the original budget Copies: County Auditor County Treasurer Commissioners' Court Minutes VOL 87 PAGE 1 $ BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 05/06 - 50.1 10/3/2006 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 31000200 72540000 CR Ph sician Services 5,521 0100 3100020 61880000 DR Utilities 5,525.00 I IJuvenile Services - Detention Center: I I I I I ITo reallocate funds to cover the utilities costs. VOL 3 7 PAGE 19 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 05/06 - 50.2 10/3/2006 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 22500100 67281000 CR Equipment -Electronic 20.00 0100 22500100 60600000 DR Office Supplies 20.00 Juvenile Referee: To reallocate funds to cover the office sunnlies costs. VOL 8-,' PAGE 90 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 05/06 - 50.3 10/3/2006 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 11001500 61130000 CR Contingency 2,082.00 0100 24201200 61740000 DR Telephone 1,041.00 0100 24101100 61740000 DR Telephone 780.00 0100 30101100 61740000 DR Telephone 261.00 JP 2-2 JPl and Constable Pet.l: To move funds from the County's Contingency to cover the telephone costs incurred b the TI tele hone line u rade for the departments. VOL V PAGE a 1 PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: October 3, 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 Anthony, Charla Budgetary Change Brazos Center Harris, Harold Position Reclassification Jackson, Angelia Position Reclassification Mokry, Nicholaus New Hire Sustaita, Mike New Hire Woods, David Discharged Building Maintenance Guitron, Carlos Step Increase C.L.E.A.R. Team Glidewell, Randall Transfer from S.O. Crime Fund Ledesma, Ricardo Transfer from S.O. Crime Fund Lindsey, Shayla Transfer from S.O. Crime Fund Lucas, James Transfer from S.O. Crime Fund Welch, Michael Transfer from S.O. Crime Fund Young, Terry Transfer from S.O. Crime Fund Commissioner's Court Allen, Lynn Completed Probation Constable PCT. 1 Clark, Archie Budgetary Change Freeman, Mary Budgetary Change VOL 9~ PAGE 4 a Constable PCT. 2 Constable PCT. 3 Halliwell, Stephanie Regmund, Angela Thompson, Dee Wayne Budgetary Change Budgetary change Budgetary Change Constable PCT. 4 Harris, Kimberly Budgetary Change County Attorney Anderson, Rodney Bailey, Brenda Baughman, Kaisha Biddle, Scott Burkhalter, Tammy Cooper, Billy Diaz, Theresa Dowling, Sondra Garcia, Stefani Giles, Spencer Higginson, David Jadlowski, Melissa Jadlowski, Christopher Kuboviak, Jim Lamar, Brenda Magness, Judith Matzke, Amanda Matzke, William Flint Ocon, Cynthia Phariss, Jack Price, Richard Risinger, Brian Sifuentez, Laura Vasquez, Jessica Wendt, Stephanie Wilkes, Tiffany Budgetary Change Budgetary Change Budgetary Change Budgetary Change Budgetary Change Budgetary Change Add Hot Ck. Suppl. Budgetary Change Resignation Budgetary Change Budgetary Change Add Hot Ck. Suppl. Add Hot Ck. Suppl. Budgetary Change Budgetary Change Budgetary Change Budgetary Change Budgetary Change Hot Ck. Salary Chan. Budgetary Change Budgetary Change Budgetary Change Budgetary Change Budgetary Change Budgetary Change Budgetary Change County Judge Lockledge, Debbie Budgetary Change District Attorney Baker, Brian Budgetary Change Brick, John Budgetary Change Carter, Melissa Budgetary Change Comte, Kara Budgetary Change Crenshaw, Cory Budgetary Change VOL ~ ~ PAGE 23 Flanigan, Shannon Fostinis, Lindsey Granberry, James Hailey, Jimmy Hilburn, David Howell, Douglas Jouett, Amanda Lalk, Margaret Parsons, Jarvis Phelps, Shane Schwartz, Bryan Smith, Danny Swearingen, Windy Thomas, Raymond Tijerina, Norma Budgetary Change New Hire Budgetary Change Budgetary Change Budgetary Change Budgetary Change New Hire Budgetary Change Budgetary Change Budgetary Change Budgetary Change Budgetary Change Budgetary Change Budgetary Change Budgetary Change County Auditor Bates, Amy Budgetary Change Conkel, Megan Budgetary Change Conner, Katie Budgetary Change Deng, Fang Budgetary Change Garton, John Budgetary Change Li, Re Budgetary Change Lozano, Rosa Budgetary Change Murph, Beverly Budgetary Change Pratt, Brian Budgetary Change See, Maggie Budgetary Change County Clerk Anderson, Jason Resignation Cohen, Susie Budgetary Change Hines, Jaime Cell Phone Allowance Human Resources Taylor, Barbara Budgetary change Information Technology Holland, Bill Budgetary Change Juvenile Services Bazy, Leroy Budgetary Change Blankenship, Marc State Stipend Munoz, Patrick Cell Phone Allowance Overstreet, Jeffrey Budgetary Change VOL 87 PAGE 62 4 Magistrate Paradis, Lisa Zachary, Dana Purchasing Road & Bridge Howard, Pat Arnold, Gary Iverson, Charles Telg, Darwin Budgetary Change Budgetary Change Budgetary Change Budgetary Change Budgetary Change Budgetary Change Sheriff's Office Crosthwait, Judy Dempsey, Darla Tax Rico, Jeanette Rodriguez, Mary Roe, Dorye Sackman, Tonia Sifuentez, Patricia Budgetary Change Budgetary Change Resignation New Hire Budgetary change Budgetary Change Budgetary Change i Approved in Commissioners' Court: October 3, 2006: _ County Judge's or Commissioner's Signature: A 'i (This Copy to be attached to minutes) VOL 91 PAGE aJ 1-1'«'?'TERSON ARCh.-TECTS 701 South Texae . Bryan, Texas 77803 979 775 6036 5 September 2006 Brazos County Ms. Pat Howard 300 East 26th Bryan, TX 77803 RE: Proposal for Additional Architectural Services for JP Complex 2005-2516 (in house 2636) Dear Ms. Howard: Patterson * Architects is pleased to present this proposal for Additional Architectural. Services for the JP Complex in College Station. SCOPE OF WORK Your request for additional services is a change, which will increase the scope of work and price for the JP Complex Project. This change involves remodeling of the old JP Building to improve the exterior appearance, upgrade the air conditioning, and other changes related to use of the building for storage and backup computer servers. Additional design services include is the site demolition, building exterior finishes, landscaping, limited interior renovations, a new roof, upgrades to the insulation, limited electrical work, and new HVAC. The Owner shall provide the Architect with a basic program of space requirements and any preconceived design ideas. The Owner shall provide site information including site requirements such as plats, deed restrictions, topographic data, geotechnical reports, tree survey, etc. The Owner shall provide a current hazardous material survey for this property and be responsible for required abatement. Patterson * Architects will investigate potential design concepts to establish the direction of the project, produce preliminary design sketches, and provide other information as required to communicate the preliminary design to the Owner for approval. A proposed construction cost, from JaCody Inc., is herein attached. This cost shall be reviewed and approved by the Owner prior to proceeding with the final construction documents. Once the preliminary design has been approved, Patterson * Architects will prepare the final construction drawings and outline specifications required for construction. design for our children's facture " 3 Renovation, Brazos County ESTIMATED c CST OF CONSTRUCTION TP;i e 2 The following is a proposed price : r construction of the above project This proposed cost is preliminary pending resolution of owners electrical and AC requirements for the computer server work A firm construction estimate will be provided after Patterson Architects has had the opportunity to meet with the client to discuss construction types, code information, square footage and the client's requirements. Total Proposed Construction Cost $68,850.00 ARCHITECTURAL/ ENGINEERING FEES For additional Architectural/ Engineering Services as described above, compensation shall be based on ten percent (107o) of the construction cost to complete the renovation. Using the proposed construction cost above, when broken down in phases, this fee would be invoiced as follows: Design Development Phase Construction Documents Phase 20% $1,377.00 60% $4,131.00 We sincerely appreciate the opportunity to submit this proposal and look forward to working with you. Respectfully submi Fred A. Patterson, Jr. AIA Vice-President ACCEPTED DATE ~~IC30lo VOL F PAGE oP- 7 47 g The State of Texas, County of BRAZOS We, the undersigned, as County Commissioners within and for Brazos County, and the Honorable Randy Sims, County Judge of Brazos County, constituting the entire Commissioners' Court of Brazos County, during a regular meeting of said Court have examined the foregoing report and have caused an order to be entered upon the Minutes of the Commissioners' Court of Brazos County approving said Report as presented and submitted as true and correct by Kay Hamilton, Treasurer of Brazos County, as provided for in the Revised Statutes of the State of Texas. (Texas Local Government Code, 114.026) Witness my hand this c?O day of A.D. 2006 LC& Karen McQueen County Clerk, County of BRAZOS, State of Texas Examined and approved in open Commissioners' Court this 3rct day of C) C +1LCY Lloyd assermann, Commissioner Precinct #1 Q~ Duane Peters, Commissioner Precinct #2 abscrn Kenny Mallard, Commissioner Precinct #3 Carey Cauley ommissioner Preq net 4 Treasurer's Report for the MONTH of AUGUST 2006 VOL 8~ PAGE a8 FYI ...08131%2006 INVESTMENT TYPE COST BOOK VALUE TEXPOOL $ 5,501,238.19 $ 5,501,238.19 08/31/2006 Depository Investable Balance $59,034,422.72 INTEREST: YTD Investment Interest Earned, August TexPool Interest (5.2355%) Total Investment Interest YTD Checking Account Interest Earned August Checking Account Interest Earned (5.50% ECR) Total Checking Account Interest Total of all Interest Earned as of August 2006 $ 201,666.15 $ 24,353.45 $ 226,019.60 $ 2,397,615.38 $ 272,298.53 $ 2,669,913.91 $ 2,895,933.51 TexPool's monthly average yield was Obtained from the TexPool September 2006 Newsletter VOL 87 PAGE Pct H N N 3 N 8 3 ~i A a 8 y~ eN N O 1 C O N n~ O S S O S O N Y S O O S O O O S S O O S S O O O S S S : Q 8 3 < A 0 0 Or N 9 3 ? 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Duties will include: • Conduct an investigation to determine the best interests of the child; • Obtain and review copies of the child's relevant medical, psychological and school records; • Interview: The child, Each person who has significant knowledge of the child's history and condition, The parties to the suit; • Encourage settlement and participate in the use of alternative forms of dispute resolution; • Perform any specific task directed by the court (such as home assessments); • Participate in case staffmgs by an authorized agency concerning the child; Fee for services provided: Voices For Children, Inc. will be funded by the county at a rate of $20 an hour for the services of court appointed Guardian ad litem. A Motion for Guardian ad litem Fees/Approval will be submitted to the County auditor along with an itemized statement of activity. Recipient shall famish to the County Auditor, at a minimum, documentation indicating the use of funds received from the county. The County's Auditor may require the recipient to provide information necessary for the Auditor to properly account for all funds expended or received by the entity. Name and Title of Authorized Representative: Brazos County Date Signed (Please type or print) . lu(u3/J(e ~ ~ C~~ty v Signature of orized Representative Name and Title of Authorized Representative: Voices for Children, Inc. Date Signed (Please type or print) Deedra H. Baker Executive Director Signature of Authorized Representative VOL ~1 PACE <3 1 Brazos County The Brazos Valley African American Museum Partnership Agreement THE STATE OF TEXAS COUNTY OF BRAZOS This agreement, entered into this /'o( day of OCk4,-,Qr , 2006 by and between Brazos County, hereinafter called "County," and The Brazos Valley African American Museum, hereinafter called "Museum." NOW, THEREFORE, in consideration of the promises, covenants, and terms and conditions herein contained, the parties hereto mutually agree: TERMS OF AGREEMENT: The term of this agreement shall be for a period of approximately one year beginning on the date of the execution of this agreement and terminating on 30 September 2007, at which time the agreement will be reviewed, subject to satisfactory operation under this agreement and mutual agreement of both parties. To assist County with this review, Museum agrees to provide County with a financial statement for FY07. PURPOSE: The purpose of County shall be to provide funds that support the development of a learning environment for the celebration of diversity in the Brazos Valley, and more specifically for education on the origins, the history and the life journeys of African American people who settled in the Brazos Valley, and the many ways in which they have enriched the overall cultural experience of the Brazos Valley. INTRODUCTION: Museum will develop and offer educational exhibits and programs for all ages. As the Museum grows and develops a donor base, an effort to partner with other local educational entities to attract noted speakers will be initiated. THEREFORE: Both the County and the Museum enter into a cooperative agreement to maximize the effectiveness of their common goal and show good stewardship of citizen's dollars and donations. To that end, County agrees to provide the Museum with $25,000.00 for the 2007 Fiscal Year. Braz By: The Brazos Valley African American Museum By: & C"11 ~r- U, ~ f 4f2 9 rm o.* b-F 4k e-- Z3 04 p-o~ VOL 97 PhsGE 3-2 ~iJ~1~'11`V TUC~P Proposed Budeet/C'ontract for FY07 Between Brazos County and MHMR Authority of Brazos Valley The fund amount being requested of $90,000 will be used in the following programs: it ~ I~ (C) PROGRAM JUSTIFICATION FUNDS REQUESTED Early Childhood Local "Maintenance of Effort" which $50,000 Intervention Program are required local dollars to match $1,612,583 in Federal and state ECI dollars. Rehabilitation Case Part of the local match requirement $24,000 Management (8 % for FY 06). Administration/Authority Most of our grants and state dollar $16,000 allocations are for direct service only and require local administrative support dollars (8% for FY06) which totals $584,713 for FY 06. These local funds are from Brazos County, other cities and counties, and other grants/funding sources. We receive $79,800 from other cities and counties. TOTAL REQUEST $90,000 Salaries for our two top Officials: Leon Bawcom, Executive Director $ 83,928 Dr Robert Potts, Psychiatrist/Medical Director $157,838 Contact Person: Leon Bawcom, 979 361 9839, lbawcom@mhmrabv.org Attached is our Directory of Services brochure which describes the services provided by program. We agree to furnish any information requested by the County Auditor, including documentation of the use of funds received by the County. The County's Auditor may require the recipient to provide information necessary for the Auditor to properly account for all funds expended or received by the entity. VU-L 3) PAGE 33 This contract will commence September 1, 2006 and end August 31, 2007. Respectfully Submitted, Bawcom Date The lefable Randy Sims Date Judge, Brazos County MHMR Authority of Brazos Valley tiA 81 P3+vE j4 INTERLOCAL AGREEMENT FIRE PROTECTION SERVICE 4111 THIS INTERLOCAL AGREEMENT is hereby made and entered into this 3rd day of DdOhe - 2006, by and between the SOUTH BRAZOS COUNTY FIRE DEPARTMENT ("Department') and BRAZOS COUNTY, TEXAS, ("County"), each acting by and through its duly authorized agents; WHEREAS, the County is authorized to contract with an unincorporated volunteer fire department to provide fire protection pursuant to Local Government Code §352.001; and WHEREAS, the County believes it more cost effective to contract with a volunteer fire department than to purchase equipment and operate a County fire department; and WHEREAS, the Department has the personnel and equipment to provide such services and would benefit by the payment of funds by the County. NOW, THEREFORE, the parties, in consideration of the mutual covenants and conditions contained herein, agree as follows: SCOPE Department shall provide Fire Protection Services to any person who requests it within the confines of Precinct 1, as described on Exhibit "A" attached hereto and made a part hereof for all purposes; provided however, if assistance is requested by other volunteer fire departments for Precinct 2, 3, and 4 it shall provide services in these areas, if possible. A more detailed map of the various Fire Districts can be obtained at the Brazos County Appraisal District at 1673 Briarcrest Drive, Suite A-101, Bryan, Texas 77802, and the parties agree to use the records maintained by that office if a question about the boundaries of the Precincts should arise. 2. All requests for services under this Agreement shall be through the 9-1-1 Emergency Communications District, which dispatches fire protection units for the County. 3. Department will maintain fire fighting equipment and certified personnel in compliance with Subchapter D of Chapter 419, Government Code. PAYMENTS 4. County shall pay Department the sum of Twenty-nine Thousand and no/100 Dollars ($29,000.00) upon execution of this contract. Vt"Jl Page I of 4 5. The County shall make all payments to Department for these services from current revenues. TERM AND TERMINATION 6. This Agreement shall be for a term of one (1) year commencing on October 1, 2006, and terminating at midnight on September 30, 2007; provided however, this contract shall automatically renew for additional, successive one (1) year terms at the expiration of the preceding term unless earlier terminated by either party as set forth below. Such Annual Renewal Terms shall be on identical terms and conditions as set forth herein, except the Parties may agree in writing to an increase or decrease in the amount of funding set forth in paragraph 4 hereof, Either party to this Agreement shall have the right to terminate this Agreement, without cause, upon thirty (30) days written notice of such termination. Should the Agreement be terminated, the rights and obligations of the Parties hereunder shall terminate, except that the rights and obligations of the Parties that have accrued under this Agreement prior to the date of termination shall survive. In the event of a termination, the fee payable pursuant hereto shall be adjusted on a pro-rata basis and refunded within thirty (30) days of such termination. NOTICES 7. All notices issued between parties to this Agreement shall be in writing. All notices shall be deemed given on the date personally delivered, faxed, or deposited in the U. S. Mail to the following parties: Department: South Brazos County Fire Department P. O. Box 501 Millican, TX 77866 Attn: Emily Staples, Fire Chief County: Brazos County 300 E. 26" Street, Suite 114 Bryan, Texas 77803 Attn: Randy Sims, County Judge DEFENSE OF CLAIMS 8. If any party to this contract is sued by any third party for any acts or omissions arising from the performance of this Agreement, the parties agree that the provision of fire protection services is a governmental function, and pursuant to Local Government Code §352.004, the Department and its personnel are considered agents of the County. Page 1 of 4 V,U 87 Pkui: 3'~ 9. The County does not waive or relinquish any immunities or defense it has under law, on behalf of itself, its officers, employees or agents as a result of its execution of this Agreement and the performance of the covenants herein. MISCELLANEOUS PROVISIONS 10. If any provision of the Agreement shall be held to be invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction, the validity and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The parties shall use their best efforts to replace the respective provisions or provisions of this Agreement with legal terms and conditions approximating the original intent of the Parties. 11. This Agreement is the entire agreement between the Department and the County relating to the provision of fire protection services and supersedes any and all prior agreements, arrangements, or understandings, whether written or oral. 12. This Agreement is for the benefit of the parties to the Agreement, and does not confer any rights on any third parties. 13. No Amendment to this Agreement shall be effective and binding unless and until it is reduced to writing and signed by the authorized representatives of all parties. 14. This Agreement has been made under and shall be governed by the laws of the State of Texas. This Agreement and all matters related thereto shall be performed in Brazos County, Texas. The venue of any lawsuits arising out of this Agreement shall be in Brazos County, Texas. 15. Failure of any Party at any time, to enforce a provision of this Agreement, shall not constitute a waiver of that provision, nor in any way affect the validity of this Agreement or the right of any parry thereafter to enforce each and every provision hereof. No term of this Agreement shall be deemed waived or breach excused unless the waiver shall be in writing and signed by the Party(ies) claimed to have waived. Furthermore, any consent to or waiver of a breach will not constitute consent to or waiver of or excuse of any other, different or subsequent breach. 16. It is understood and agreed that this Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. 17. Recipient shall furnish to the County Auditor, at a minimum, documentation indicating the use of funds received from the county. The County's Auditor may require the recipient to provide information necessary for the Auditor to properly account for all funds expended or received by the entity. 8-7 Page 3 of 4 , r tr~~ t This Agreement shall be effective when signed by the last party whose signing makes the Agreement fully executed. South Brazos County Fire Department By: Emily// les, F' Chief Date: t - 2 7~-a (O Brazos By: 9 , 71, s' County Judge Date: (Q/c)3I,c)~ ATTEST: By: ounty Clerk Page 4 of 4 VUL 31 P"~ ,E 38 4l I ( INTERLOCAL AGREEMENT FIRE PROTECTION SERVICE THIS INTERLOCAL AGREEMENT is hereby made and entered into this 3rd day of ~r Tb~E12 , 2006, by and between the DISTRICT 2 VFD, INC., BRAZOS COUNTY ("Department") and BRAZOS COUNTY, TEXAS, ("County"), each acting by and through its duly authorized agents; WHEREAS, the County is authorized to contract with an incorporated volunteer fire department to provide fire protection pursuant to Local Government Code §352.001; and WHEREAS, the County believes it more cost effective to contract with a volunteer fire department than to purchase equipment and operate a County fire department; and WHEREAS, the Department has the personnel and equipment to provide such services and would benefit by the payment of funds by the County. NOW, THEREFORE, the parties, in consideration of the mutual covenants and conditions contained herein, agree as follows: SCOPE Department shall provide Fire Protection Services to any person who requests it within the confines of District 2, as described on Exhibit "A" attached hereto and made apart hereof for all purposes; provided however, if assistance is requested by other volunteer fire departments for Precinct 1, 3, and 4 it shall provide services in these areas, if possible. A more detailed map of the various Fire Districts can be obtained at the Brazos County Appraisal District at 1673 Briarcrest Drive, Suite A-101, Bryan, Texas 77802, and the parties agree to use the records maintained by that office if a question about the boundaries of the Precincts should arise. 2. All requests for services under this Agreement shall be through the 9-1-1 Emergency Communications District, which dispatches fire protection units for the County. 3. Department will maintain fire fighting equipment and certified personnel in compliance with Subchapter D of Chapter 419, Government Code. PAYMENTS 4. County shall pay Department the sum of Twenty-nine Thousand and no/100 Dollars ($29,000.00) upon execution of this contract. Page / of 4 t,L 97 5. The County shall make all payments to Department for these services from current revenues. TERM AND TERMINATION 6. This Agreement shall be for a term of one (1) year commencing on October 1, 2006, and terminating at midnight on September 30, 2007; provided however, this contract shall automatically renew for additional, successive one (1) year terns at the expiration of the preceding term unless earlier terminated by either party as set forth below. Such Annual Renewal Terms shall be on identical terms and conditions as set forth herein, except the Parties may agree in writing to an increase or decrease in the amount of funding set forth in paragraph 4 hereof. Either party to this Agreement shall have the right to terminate this Agreement, without cause, upon thirty (30) days written notice of such termination. Should the Agreement be terminated, the rights and obligations of the Parties hereunder shall terminate, except that the rights and obligations of the Parties that have accrued under this Agreement prior to the date of termination shall survive. In the event of a termination, the fee payable pursuant hereto shall be adjusted on a pro-rata basis and refunded within thirty (30) days of such termination. NOTICES All notices issued between parties to this Agreement shall be in writing. All notices shall be deemed given on the date personally delivered, faxed, or deposited in the U. S. Mail to the following parties: Department: District 2 VFD, Inc., Brazos County P.O. Box 32 Kurten, Texas 77862 Attention: Chief Merrie Noak County: Brazos County 300 E. 26th Street, Suite 114 Bryan, Texas 77803 Attn: Randy Sims, County Judge DEFENSE OF CLAIMS 8. If any party to this contract is sued by any third party for any acts or omissions arising from the performance of this Agreement, the parties agree that the provision of fire protection services is a governmental function, and pursuant to Local Government Code §352.004, the Department and its personnel are considered agents of the County. VOL 87 PAGE y'"© PaSel of4 9. The County does not waive or relinquish any immunities or defense it has under law, on behalf of itself, its officers, employees or agents as a result of its execution of this Agreement and the performance of the covenants herein. MISCELLANEOUS PROVISIONS 10. If any provision of the Agreement shall be held to be invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction, the validity and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The parties shall use their best efforts to replace the respective provisions or provisions of this Agreement with legal terms and conditions approximating the original intent of the Parties. 11. This Agreement is the entire agreement between the Department and the County relating to the provision of fire protection services and supersedes any and all prior agreements, arrangements, or understandings, whether written or oral. 12. This Agreement is for the benefit of the parties to the Agreement, and does not confer any rights on any third parties. 13. No Amendment to this Agreement shall be effective and binding unless and until it is reduced to writing and signed by the authorized representatives of all parties. 14. This Agreement has been made under and shall be governed by the laws of the State of Texas. This Agreement and all matters related thereto shall be performed in Brazos County, Texas. The venue of any lawsuits arising out of this Agreement shall be in Brazos County, Texas. 15. Failure of any Party at any time, to enforce a provision of this Agreement, shall not constitute a waiver of that provision, nor in any way affect the validity of this Agreement or the right of any party thereafter to enforce each and every provision hereof. No term of this Agreement shall be deemed waived or breach excused unless the waiver shall be in writing and signed by the Party(ies) claimed to have waived. Furthermore, any consent to or waiver of a breach will not constitute consent to or waiver of or excuse of any other, different or subsequent breach 16. It is understood and agreed that this Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. 17. Recipient shall furnish to the County Auditor, at a minimum, documentation indicating the use of funds received from the county. The County's Auditor may require the recipient to provide information necessary for the Auditor to properly account for all funds expended or received by the entity. Page 3 of4 VOL 97 PAQr 41 This Agreement shall be effective when signed by the last party whose signing makes the Agreement fully executed. District 2 VFD, Inc., Brazos County Brazos C unty exas By: B Merrie ~Toak, Fire Chief Randy ms, County Judge Date: ID-1- 01a ATTEST: Date: lnb31c(,~ B -'s zw'O'-~ County Clerk Page 4 oJ4 Vi:L 87 r""E 4-a -ft I ((h) INTERLOCAL AGREEMENT FIRE PROTECTION SERVICE THIS INTERLOCAL AGREEMENT is hereby made and entered into this day of ncf L-be r- 2006, by and between the BRAZOS COUNTY PRECINCT THREE VOLUNTEER FIRE DEPARTMENT, INC. ("Department') and BRAZOS COUNTY, TEXAS, ("County"), each acting by and through its duly authorized agents; WHEREAS, the County is authorized to contract with an unincorporated volunteer fire department to provide fire protection pursuant to Local Government Code §352.001; and WHEREAS, the County believes it is more cost effective to contract with a volunteer fire department than to purchase equipment and operate a County fire department; and WHEREAS, the Department has the personnel and equipment to provide such services and would benefit by the payment of funds by the County. NOW, THEREFORE, the parties, in consideration of the mutual covenants and conditions contained herein, agree as follows: SCOPE Department shall provide Fire Protection Services to any person who requests it within the confines of Precinct 3, as described on Exhibit "A" attached hereto and made a part hereof for all purposes; provided however, if assistance is requested by other fire departments for Precinct 1, 2, and 4 it shall provide services in these areas, if possible. A more detailed map of the various Fire Districts can be obtained at the Brazos County Appraisal District at 1673 Briarcrest Drive, Suite A-101, Bryan, Texas 77802, and the parties agree to use the records maintained by that office if a question about the boundaries of the Precincts should arise. 2. All requests for services under this Agreement shall be through the 9-1-1 Emergency Communications District, which dispatches fire protection units for the County. 3. Department will maintain fire fighting equipment and certified personnel in compliance with Subchapter D of Chapter 419, Government Code. PAYMENTS 4. County shall pay Department the sum of Twenty-nine Thousand and no/100 Dollars ($29,000.00) upon execution of this contract. 5. The County shall make all payments to Department for these services from current revenues. Interlocal Agreement - Precinct 3 Page I of 4 VUL8'7 43 TERM AND TERMINATION 6. This Agreement term shall be from October 1, 2006, and terminate at midnight on September 30, 2007. Either party to this Agreement shall have the right to terminate this Agreement, without cause, up on thirty (30) days written notice of such termination. Should the Agreement be terminated, the rights and obligations of the Parties hereunder shall terminate, except that the rights and obligations of the Parties that have accrued under this Agreement prior to the date of termination shall survive. In the event of a termination, the fee payable pursuant hereto shall be adjusted on a pro-rata basis and refunded within thirty (30) days of such termination. NOTICES 7. All notices issued between parties to this Agreement shall be in writing. All notices shall be deemed given on the date personally delivered, faxed, or deposited in the U.S. Mail to the following parties: Department: Brazos County Precinct Three Volunteer Fire Department, Inc. P.O. Box 5453 Bryan, TX 77805-5453 Attn: Gerald Burnett, Fire Chief OR Andrea Blackmon, President County: Brazos County 300 E. 26th Street, Suite 114 Bryan, TX 77803 Attn: Randy Sims, County Judge DEFENSE OF CLAIMS 8. If any party to this contract is sued by any third party for any acts or omissions arising from the performance of this Agreement, the parties agree that the provision of fire protection services is a governmental function, and pursuant to Local Government Code §352.004, the Department and its personnel are considered agents of the County. 9. The County does not waive or relinquish any immunities or defense it has under law, on behalf of itself, its officers, employees, or agents as a result of its execution of this Agreement and the performance of the covenants herein. Interlocal Agreement - Precinct 3 Page 2 of 4 jr-; a? Pau- 44 MISCELLANEOUS PROVISIONS 10. If any provision of the Agreement shall be held to be invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction, the validity and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The parties shall use their best efforts to replace the respective provisions or provisions of this Agreement with legal terms and conditions approximating the original intent of the Parties. 11. This Agreement is the entire agreement between the Department and the County relating to the provision of fire protection services and supersedes any and all prior agreements, arrangements, or understandings, whether written or oral. 12. This Agreement is for the benefit of the parties to the Agreement, and does not confer any rights on any third parties. 13. No Amendment to this Agreement shall be effective and binding unless and until it is reduced to writing and signed by the authorized representatives of all parties 14. This Agreement has been made under and shall be governed by the laws of the State of Texas. This agreement and all matters related thereto shall be performed in Brazos County, Texas. 15. Failure of any Party at any time, to enforce a provision of this Agreement, shall not constitute a waiver of that provision, nor in any way affect the validity of this Agreement or the right of any party thereafter to enforce each and every provision hereof. No term of this Agreement shall be deemed waived or breach excused unless the waiver shall be in writing and signed by the Party(ies) claimed to have waived. Furthermore, any consent to or waiver of a breach will not constitute consent to or waiver of or excuse of any other, different or subsequent breach. 16. It is understood and agreed that this Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. INFORMATION FURNISHED BY RECIPIENT 17. Recipient shall furnish to the County Auditor, at a minimum, documentation indicating the use of funds received from the county. The County Auditor may require the recipient to provide information necessary for the Auditor to properly account for all funds expended or received by the entity. This Agreement shall be effective when signed by the last party whose signing makes the Agreement fully executed. Interlocal Agreement - Precinct 3 Page 3 of 4 VOL 17 PAGE 45 Brazos County Precinct Three Volunteer Fire Department, Inc. Andrea Blackmon, President Date: /nterlocal Agreement - Precinct 3 County Judge Date: ATTEST: 2arreen McQueen, County Clerk Page 4 oj4 VOL 9-7 WE 4- P eB" razos County ~x LEGEND l./ iliAOw RNG R~Irv~! Q T.Y~V/A:~/lYn f j 1Mm~NM, Q ItiDBwtlx, SCALE IN MILES Irepared by U U NOICLE: UM WE HAS /EEC PREPMEO FON ACCURACY AICAT/L TO • VAUCAAM AOOAKAME TALUS. . ACCURACY 13 IS llIA L" TO VAlgC1YOi AVAEIALE OATw w3 D<DATES S,gWN. COYApgMS X10 uaen DA U A-101 l,ymn, T% 77802 77BOY (979)774-4100 1 VOL S7 PASE q-7 INTERLOCAL AGREEMENT FIRE PROTECTION SERVICE THIS INTERLOCAL AGREEMENT is hereby made and entered into this -'kt day of 6Cftqx- , 2006, by and between the BRAZOS COUNTY PRECINCT 4 VOLUNTEER FIRE DEPARTMENT ("Department") and BRAZOS COUNTY, TEXAS, ("County"), each acting by and through its duly authorized agents; WHEREAS, the County is authorized to contract with an unincorporated volunteer fire department to provide fire protection pursuant to Local Government Code §352.001; and WHEREAS, the County believes it more cost effective to contract with a volunteer fire department than to purchase equipment and operate a County fire department; and WHEREAS, the Department has the personnel and equipment to provide such services and would benefit by the payment of funds by the County. NOW, THEREFORE, the parties, in consideration of the mutual covenants and conditions contained herein, agree as follows: SCOPE Department shall provide Fire Protection Services to any person who requests it within the confines of Precinct 4, as described on Exhibit "A" attached hereto and made a part hereof for all purposes; provided however, if assistance is requested by other volunteer fire departments for Precinct 1, 2, and 3 it shall provide services in these areas, if possible. A more detailed map of the various Fire Districts can be obtained at the Brazos County Appraisal District at 1673 Briarcrest Drive, Suite A-101, Bryan, Texas 77802, and the parties agree to use the records maintained by that office if a question about the boundaries of the Precincts should arise. 2. All requests for services under this Agreement shall be through the 9-1-1 Emergency Communications District, which dispatches fire protection units for the County. 3. Department will maintain fine fighting equipment and certified personnel in compliance with Subchapter D of Chapter 419, Government Code. PAYMENTS 4. County shall pay Department the sum of Twenty-nine Thousand and no/100 Dollars ($29,000.00) upon execution of this contract. Page I of 4 YOL 97 F.,~E 49 5. The County shall make all payments to Department for these services from current revenues. TERM AND TERMINATION 6. This Agreement shall be for a term of one (1) year commencing on October 1, 2006, and terminating at midnight on September 30, 2007; provided however, this contract shall automatically renew for additional, successive one (1) year terms at the expiration of the preceding term unless earlier terminated by either party as set forth below. Such Annual Renewal Terms shall be on identical terms and conditions as set forth herein, except the Parties may agree in writing to an increase or decrease in the amount of funding set forth in paragraph 4 hereof. Either party to this Agreement shall have the right to terminate this Agreement, without cause, upon thirty (30) days written notice of such termination. Should the Agreement be terminated, the rights and obligations of the Parties hereunder shall terminate, except that the rights and obligations of the Parties that have accrued under this Agreement prior to the date of termination shall survive. In the event of a termination, the fee payable pursuant hereto shall be adjusted on a pro-rata basis and refunded within thirty (30) days of such termination. NOTICES All notices issued between parties to this Agreement shall be in writing. All notices shall be deemed given on the date personally delivered, faxed, or deposited in the U. S. Mail to the following parties: Department: Brazos County Precinct 4 Volunteer Fire Department P.O. Box 4186 Bryan, Texas 77805 Attention: Chief Joe Ondrasek County: Brazos County 300 E. 26' Street, Suite 114 Bryan, Texas 77803 Attn: Randy Sims, County Judge DEFENSE OF CLAIMS 8. If any party to this contract is sued by any third party for any acts or omissions arising from the performance of this Agreement, the parties agree that the provision of fire protection services is a governmental function, and pursuant to Local Government Code §352.004, the Department and its personnel are considered agents of the County. Page 2 Df 4 VIA 87 Pt,k-- 9. The County does not waive or relinquish any immunities or defense it has under law, on behalf of itself, its officers, employees or agents as a result of its execution of this Agreement and the performance of the covenants herein. MISCELLANEOUS PROVISIONS 10. If any provision of the Agreement shall be held to be invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction, the validity and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The parties shall use their best efforts to replace the respective provisions or provisions of this Agreement with legal terms and conditions approximating the original intent of the Parties. 11. This Agreement is the entire agreement between the Department and the County relating to the provision of fire protection services and supersedes any and all prior agreements, arrangements, or understandings, whether written or oral. 12. This Agreement is for the benefit of the parties to the Agreement, and does not confer any rights on any third parties. 13. No Amendment to this Agreement shall be effective and binding unless and until it is reduced to writing and signed by the authorized representatives of all parties. 14. This Agreement has been made under and shall be governed by the laws of the State of Texas. This Agreement and all matters related thereto shall be performed in Brazos County, Texas. The venue of any lawsuits arising out of this Agreement shall be in Brazos County, Texas. 15. Failure of any Party at any time, to enforce a provision of this Agreement, shall not constitute a waiver of that provision, nor in any way affect the validity of this Agreement or the right of any party thereafter to enforce each and every provision hereof. No term of this Agreement shall be deemed waived or breach excused unless the waiver shall be in writing and signed by the Party(ies) claimed to have waived. Furthermore, any consent to or waiver of a breach will not constitute consent to or waiver of or excuse of any other, different or subsequent breach. 16. It is understood and agreed that this Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. 17. Recipient shall furnish to the County Auditor, at a minimum, documentation indicating the use of funds received from the county. The County's Auditor may require the recipient to provide information necessary for the Auditor to properly account for all funds expended or received by the entity. Page 3 of 4 VUA 60 This Agreement shall be effective when signed by the last party whose signing makes the Agreement fully executed. Brazos County Precinct 4 Volunteer Fire Department By: J ndrasFire Chief Date: 2/ -7 o 6 ATTEST: Brazos County Judge Date: o103" By: County Clerk Page 4 of 4 ~u"L ~7 Pt;uC JCI INDIGENT HEALTH CARE CONTRACT N This Contract is Subject to Arbitration Under the Texas General Arbitration Act This Contract is entered into by and between BRAZOS COUNTY acting b; through its duly elected Board (hereinafter "County") and the BRAZOS VALLEY COUNCIL OF GOVERNMENTS (hereinafter "BVCOG"). The purpose of the Contract is to outline the responsibilities of each of the parties in the operation of the Indigent Health Care and Treatment Act, created by House Bill 1398 during the Special Session of the 76thTexas State Legislature. The parties mutually agree as follows: In compliance with the Indigent Health Care and Treatment Act and the Texas Constitution, the County, agrees to provide the financial resources for the mandatory, Inpatient, Outpatient, Physician, Prescription, X-Ray, Laboratory, Rural Health Clinic and Family Planning Services to Eligible household members that meet the requirements of the Act, the Texas Department of Health (TDH) Handbook, and the BVCOG. RATES FOR REIMBURSEMENT The County agrees to join other counties in the region and provide a pro-rata share of funds for the Administration of the County Indigent Health Care (CIHC) Program by BVCOG for the State Dept. of Health, Region 7. The amount payable by BRAZOS COUNTY to BVCOG is $96,700.06 through September 30, 2007. Payment will be made to the BVCOG, quarterly. RESPONSIBILITIES OF BVCOG For and in consideration of the funding provided by the County, the BVCOG will be responsible for providing the following services pursuant to this Contract: 1. Providing all necessary application forms to potentially Eligible Individuals. 2. Provide intake services in the County at least once a month. 3. Assist applicants in completing all necessary forms. 4. Determine the Eligibility of each applicant with regard to residency and qualifications defined in the Act, including but not limited to Sections 1.01 and 1.04. In this capacity the BVCOG shall also be responsible for mailing all necessary forms and following all procedures defined in the handbook with regard to notifications and appeals on the issue of household eligibility. ti~,L 87 vi: 25~ Page 2 - CIHC Contract Brazos County 5. Maintain this Contract and assist the parties hereto in the operation of the Program. 6. Maintain data files on Clients. 7. Provide information to all parties as needed. 8. Respond to all and any inquires regarding the Program. 9. Assist the County with information needed for Audit purposes. 10. Monitor the Program on a periodic basis to review overall Program management and operation 11. Assist the County with all of its responsibilities under the Act and the Constitution. 12. Perform all other duties and functions necessary to fulfill the requirements as outlined in the Act and TDH Handbook. 13. Review the Eligibility of each household every six (6) months. 14. Prepare and distribute to the Provider no less than once every six (6) months a computer list of Eligible Residents. 15. Determine Eligibility not later than the fourteenth (14) day after receiving a completed application from an applicant including all necessary documentation and verifications. 16. Receive all Bills submitted by the Provider for payment of Services and review the same to verify that the Services and the patient qualify in all respects. 17. Send all Bills for payment to the County for payment. RESPONSIBILITIES FOR THE COUNTY The County shall be responsible for the following duties and requirements: 1. Provide County funds for the payment of mandated services. 2. Provide County funds for the Administration of the Program to the BVCOG on a quarterly basis. 3. Develop a system for the payment of Indigent Health Care Services bills or incorporate this billing into the County's established system for paying like bills. 4. Provide an audit of the Program as required by State law. 5. Accept ultimate responsibility for payment of services, which may be determined through an audit to have been an Ineligible expense. 6. Provide for and assist with the procurement of and payment for legal services as necessary. 7. Provide for and assist with the procurement of and payment for additional audit services. vtjz 07 I,tWE ~;3 Page 3 - CIHC Contract Brazos County TERM This Contract shall continue in force and effect for a term of one (1) year commencing on the First day of October 2006 and shall terminate on the Thirtieth day of September 2007. CONCELLATION This Contract will be canceled automatically should the County become remiss in their reimbursements to the BVCOG for administrative services. This Contract may be canceled by either of the parties hereto upon Sixty (60) days written notice as provided herein. INDEMNTY Any monetary loss suffered by the County from Ineligible Clients, mistake, fraud or other conditions cannot be recovered from the BVCOG. AMENDMENT This Contract shall be automatically amended by the amendments made to the Act by the. State Legislature, in all other respects, this Contract may only be amended by the written consent of all the parties hereto. GOVERNING LAW This Contract shall be executed in and shall be governed by the laws of the State of Texas. FURTHER ASSURANCES Each party hereto agrees to perform any further acts and to execute and deliver any further documents, which may be necessary to carry out the provisions of this Contract. V L 97 VA;13-t 9 4 6 Page 4 - CIHC Contract Brazos County SEVERABILITY In the event that any of the provisions or portions of this Contract are held to be unforceable or invalid by any court of competent jurisdiction, the validity and enforceability of the remaining provisions or portions hereof shall not be affected thereby. ENTIRE CONTRACT This Contract contains the entire understanding between the parties hereto concerning the subject matter contained herein. There are no representations, agreements, arrangements or understanding, oral or written, between or among the parties hereto, relating to the subject matter of the Contract, which are not fully expressed herein. EFFECTIVE the 1St day of October 2006. By:, BRAZOS VALLEY COUNCIL OF GOVERN 87 Juvenile Services J TAMU Psychology Agreement F Clinical Psychology Services Agreement between Brazos County Department of Juvenile Services and the Psychology Clinic in the Department of Psychology at Texas A&M University Proposal prepared by Robert W. Heller Department of Psychology Texas A&M University July 13, 2006 cA...wpdocs~ uvenileservicesUuvSer06.doc i ,jL 8 1 F„,-~'E S' Juvenile Services / TAMU Psychology Agreement Page 2 of 5 Institutional Representatives For Brazos County Department of Juvenile Services q a- ©L Doug ance, Executive Director Date Brazos County Juvenile Services Department For Brazos Court of Cf Randy Sims, Judge Brazos County Commissioners Court w4/ ):5 Date For Texas A&M University Dean K. Endler, Executive Director Contract Administration /2.20.0` Date 0...wpdocs\juvenileservices\JuvSer06.doc V"OL 97 PATE 57 Juvenile Services / TAMU Psychology Agreement Page 3 of 5. Clinical Psychology Services Agreement between Brazos County Department of Juvenile Services and the Psychology Clinic in the Department of Psychology at Texas A&M University 1. Purpose of Agreement This contract outlines an agreement between the Brazos County Department of Juvenile Services (henceforth referred to as Juvenile Services) and the clinical psychology program in the Department of Psychology at Texas A&M University (henceforth referred to as TAMU) regarding a clinical assistantship program between the two institutions. The TAMU address for correspondence regarding services is: Lorie Lapaglia, Department of Psychology, Texas A&M University, 4235 TAMU, Texas 77843- 4235 Phone: 979-845-2563 Employer's I.D.#: 76-4000531; Profession/Occupation: Psychologist. The purpose of this agreement, to be in effect for a period of 12 months beginning October 1, 2006 and continuing until September 31, 2007, is to provide the terms whereby (a) students enrolled in the Doctoral Clinical Psychology Program shall receive on-site educational experiences from Juvenile Services, and (b) Juvenile Services shall receive clinical psychology services provided by students enrolled in the doctoral clinical psychology program. II. Respective Responsibilities A. TAMU agrees to: 1. Provide a masters-level graduate student in our clinical psychology doctoral program to Juvenile Services for 10 hours per week for 50 weeks during a 12-month period (500 hours per year). 2. Provide weekly doctoral-level supervision for this graduate student to be included in the 10 hours per week. 3. Bill Juvenile Services monthly for services provided. B. The student agrees to: 1. Provide clinical psychology services to Juvenile Services for 10 hours per week. Scheduling of these 10 hours is to be negotiated on an individual basis between the student and the on-site supervisor at Juvenile Services. 2. Include within the 10 hours per week the following activities: direct clinical services, staff meetings and consultations, doctoral-level supervision at TAMU, and all administrative responsibilities including preparation of written reports and maintenance of clinical records. 3. Comply with policies established by Juvenile Services regarding code of ethics, confidentiality, and other issues relevant to provision of clinical services in a multidisciplinary setting. The student will supply appropriate certification of credentials and 0 ...wpdocs\juvenileservices\JuvSer06.doe VOL V PAGE -59 Juvenile Services / TAMU Psychology Agreement Page 4 of 5 complete agreements regarding confidentiality and other professional issues as required by Juvenile Services or its staff and consultants. C. Juvenile Services agrees to: 1. Submit a check payable to Texas A&M University 10 days following receipt of the bill for services. 2. Provide case-by-case consultation to the student on an as-needed basis by Juvenile Services staff. 3. Provide written evaluation of the student to the director of clinical psychology training at TAMU at the end of the term of this agreement. 4. In consultation with the student, identify a total of 10 working days (other than Juvenile Services holidays) during the 12-month period, during which no clinical services will be provided by the student. D. TAMU and Juvenile Services both agree to: 1. Selection of the graduate student for this clinical assistantship by the Director of Clinical Psychology Training at TAMU in consultation with program faculty and with appropriate Juvenile Services administrative personnel. 2. Mutual evaluation of the graduate student throughout the term of this agreement. In the event that difficulties arise with any component of the assistantship program, the following steps will be undertaken: a. Either Juvenile Services or TAMU may initiate a joint meeting with representatives from both institutions, including the student assigned to the assistantship, to identify relevant issues and plan appropriate interventions to remediate these difficulties. b. In the event that appropriate interventions cannot be identified or upon implementation and modification prove unsuccessful, reasonable efforts will be made to continue the student's clinical assistantship at Juvenile Services through the last month of the current academic semester. c. Should continuation of the assistantship or a given student through the end of the current academic semester not prove possible, this agreement may be cancelled upon 30 days written notice by either Juvenile Services or TAMU. III. Professional Liability 1. Professional liability insurance provided to graduate students in clinical psychology through the Department of Psychology will cover their clinical assistantship responsibilities at Juvenile Services. IV. Cost of Agreement 1. This agreement constitutes a fixed-cost contract. 2. Juvenile Services agrees to purchase these services for the sum of $13,626.24 to be paid in 12 monthly installments of $1,135.52. This sum is equivalent to $27.25 per service hour. 0...wpdorsyuvenileseNims\JuvSer06.doe VOL $7 FAA' E -5 9 Juvenile Services! TAMU Psychology Agreement Page 5 of 5 V. Tcrm of Agreement 1. The term of this agreement shall be for a period of 12 months beginning October 1, 2006 and ending September 30, 2007. 2. This agreement may be renewed if mutually agreed upon by both parties. cA...wpdocs uvenilesewimsWuvSerO6.doc 'u Ci l.~t'h'.4 i< lDO Brazos County Courthouse 300 E. 26th, Suite 313 Bryan, Texas 77803 MEMORANDUM DATE: September 26, 2006 TO: Randy Sims, Brazos County Judge Lloyd Wasserman, Commissioner Pct. 1 Duane Peters, Commissioner Pct. 2 Kenny Mallard, Commissioner Pct. 3 Carey Cauley, Commissioner Pct. 4 FROM: I Treasurer RE: The following agenda items: (1) Approve the Annual Payroll and (2) Direct the Payroll Fund to the General Fund (979) 361-4340 (1) Anproyal of the Brazos County Payroll for Fiscal year 2007 (10/01/06-9/30/07) SALARY AND WAGES $ 23,840,952.00 BENEFITS $ 8,896,168.00 TOTAL $ 32,737,120.00 (2) Directs by order that the money that otherwise would be deposited in a salary fund (created by Chapter 154 of the Local Government Code) be deposited in the general fund of Brazos County. 154.007. Use of General Fund Instead of5alary Fund (a) At its first regular meeting in the first month of each fiscal year, the commissioners court may direct, by order entered in its minutes, that all money that otherwise would be deposited in a salary fund created under this chapter shall be deposited in the general fund of the county. (b) In a county in which the order is adopted,, a reference in this chapter (154) to a salary fund means the general fund. Acts 1987, 7e Leg., ch. 149, 1, ef.. Sept. 1, 1987 Cc Katie Conner Candy Gallego Debbie Lockledge Sims, County Judge KAY HAMILTON County Treasurer ~~r/5 BRAZOS COUNTY BRYAN,TEXAS ORDER NO. 06-007 DIRECTING THE PAYROLL FUND TO THE GENERAL FUND IT IS HEREBY ORDERED by the Commissioners Court of Brazos County that all money that would otherwise be deposited in a salary fund created under Chapter 154 of the Local Government Code shall be deposited in the general fund of Brazos County. This Order is adopted pursuant to § 154.007 of the Local Government Code. ADOPTED this 3`d day of October, 2006, by a vote of ! ayes and nays. ATTEST: Karen McQueen, County Clerk Sims, County Judge Office of the County Judge • 300 East 200 St. • Suite 114 • Bryan, Texas 77803 • Fax: (979) 361-4503 VOL 87 P ~ a Document A121'"CMc - 2003 Amendment No. 3 AMENDMENT NO. 3 TO AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER Pursuant to Section 2.2 of the Agreement, dated October 31, 2005 between Brazos County, Texas (Owner) and Hunt Construction Group, Inc. (the Construction Manager), for Brazos County (the Project), the Owner and Construction Manager establish a ADDITIONS AND DELETIONS: Guaranteed Maximum Price and Contract Time for the Work as set forth below. The author of this document has added information needed for its ARTICLE I GUARANTEED MAXIMUM PRICE completion. The author may also The Construction Manager's Guaranteed Maximum Price for the Work, including the have revised the text of the original estimated Cost of the Work as defined in Article 6 and the Construction Manager's Fee as AIA standard form. An Additions and defined in Article 5, is Twenty-two Million Nine Hundred Forty-nine Thousand Eighty Deletions Report that notes added Dollars and Zero Cents ($22,949,080.00 This Price is for the performance of the Work information as well as revisions to in accordance with the Contract Documents listed and attached to this Amendment and the standard form text is available marked Exhibits A through F, as follows: from the author and should be reviewed. A vertical line in the left Exhibit A Scope Revisions, pages 1 through 2 , dated 09/26/2006 . margin of this document indicates where the author has added (Paragraph deleted) necessary information and where the author has added to or deleted Exhibit B Allowance items, pages through , dated NA from the original AIA text. This document has important legal Exhibit C Assumptions and Clarifications made in preparing the consequences. Consultation with an Guaranteed Maximum Price, pages through , dated NA attorney is encouraged with respect to its completion or modification. Exhibit D Completion Schedule, pages through , dated NA Exhibit E Alternate Prices, pages through , dated NA Exhibit F Unit Prices, pages through , dated NA Init. AIA Document A121 T" CMc - 2003 Amendment No. 1. Copyright ®1991, 1998 and 2003 by The American Institute of Architects and The Associated General Contractors of America. All rights reserved. WARNING: This document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this document, or any portion of It, may result In severe civil and criminal penalties, and will be / prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:21:46 on 09/26/2006 under Order No. 10002206545 which expires on 2/1512007, and is not for resale. - User Notes: (2958709364) 63 ARTICLEII CONTRACTTIME The date of Substantial Completion established by this Amendment is: Brazos County Exposition Center Covered Arena - June 29, 2007 Stall Barn - June 29, 2007 Exhibit Hall - July 31, 2097 Inii AIA Document A121 TMCMc - 2003 Amendment No. I. Copyright ®1991, 1998 and 2003 by The American Institute of Architects and The Associated General Contractors of America. All rights reserved. WARNING: This document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this document, or any portion of It, may result in severe civil and criminal penalties, and will be 1 prosecuted to the maximum extent possible under the low. This document was produced by AIA software at 09:21:46 on 09126/2006 under Order No.1000220654_5 which expires on 2/15/2007, and is not for resale. User Notes: (2958709364) 97 ATTEST ATTEST EXHIBIT A BRAZOS COUNTY EXPOSITION CENTER & SHERIFF'S OFFICE AMENDMENT NO. 3 TO AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER EXPOSITION CENTER SCOPE REVISIONS September 26, 2006 1.) Hunt will issue a Purchase Order for the rodeo and stall barn equipment to WW Rodeo & Livestock Systems in the amount of $430,321.00, based on buyout discussion between Brazos County and the above-mentioned. The invoice will be processed by Hunt, but Brazos County will accept responsibility for review, coordination, handling and all responsibilityuntil delivered to the site. All shipping costs will be handled separately and are not included in this cost. The additional cost to Brazos Gounty is $229,005.00. See break down below. a. Quote from WW Rodeo & Livestock Systems b. Allowance currently in GMT (dated 4/27/06) c. Insurance & Bond @ 1.5% $430,321.00 ($204,700.00) Subtotal $225,621.00 $3,384.00 TOTAL $229,005.00 2.) An amount of $199,625.00 will be transferred from Construction Contingency to Owner Contingency, leaving $199,625 in Construction Contingency. If at anytime in the future sufficient funds are not available in Construction Contingency to complete the project, Hunt reserves the write to request an amendment to the Owner Contract for an amount sufficient to satisfy the deficiencyup to $199,625.00. 3.) The substantial completion date for the Covered Arena and Stall Bam is June 29, 2007 4.) The substantial completion date for the Exhibit Hall is July 31, 2007. Exhibit A Page 1 of 2 EXHIBIT A September 26, 2006 BRAZOS COUNTY EXPOSITION CENTER & SHERIFF'S OFFICE AMENDMENT NO.3 TO AGREEMENT BETWEEN OWNER AND CONSTRUCITON MANAGER SHERIFF'S OFFICE SCOPE REVISIONS 1.) PCO N 7 - The pier design depth was increased due to unforeseen conditions that were encountered during the drilling operation. Refer to letters from Hunt dated June 14, 2006 and July 19, 2006, the recommendations from Spencer J. Buchanan Associates, Inc. dated June 21, 2006 and July 19, 2006 and the meeting minutes from June 13, 2006. Please see reconciliation breakdown below: a. Pier Reconciliation b. Hunt additional GC's (1 month) c. Hunt Insurance and Bond d. Hunt Fee @ 3.7% e. Increase to Owner Contingency Total Reconciliation $172,013.00 $30,663.00 $3,808.00 $7,640.00 $43,898.00 $258,022.00 f. At the time of the delay, Hunt provided Brazos County an estimate of $258,022.00 for budgeting purposes. The actual cost was $214,124.00. As instructed byBrazos County, the remaining funds will be incorporated into the Owner Contingency. g. The new substantial completion date is July 15, 2007 2.) The items listed below were not included in the original GMP established on April 27, 2006. The cost to include the Landscape/Irrigation, Signage and Mobile Storage/Evidence Shelving into the GMT is as follows: a. Mobile Storage w/ 5 carriers/Evidence Shelving b. Signage c. Landscape/Irrigation d. Construction Contingency@ 5% e. Hunt Fee @ 3.7% $98,864.00 $27,328.00 $113,876.00 $12,003.00 $9,327.00 Total $261,398.00 Exhibit A Page 2 of 2 VOL 87 PAGE (0~ RENEWAL ACCEPTANCE By signing herewith, I acknowledge and agree to renew the current Bid for Lane Striping and Pavement Markers, Bid 2005-043, at the same prices and in accordance with all terms and conditions agreed to and accepted as part of Bid 2005-043. The new Bid Number will be 2006-044R. I understand that Bid 2006-044R will be in effect from October-15, 2006 through October 14, 2007. LONE STAR PAVEMENT SERVICES, INC. Authoriz Signature q I - 2 o-v fo Date Date to 7 BRAZOSCOUNTY RENEWAL ACCEPTANCE By signing herewith, I acknowledge and agree to renew the current Bid for Lane Striping and Pavement Markers, Bid 2005-043, at the same prices and in accordance with all terms and conditions agreed to and accepted as part of Bid 2005-043. The new Bid Number will be 2006-044R. I understand that Bid 2006-044R will be in effect from October 15, 2006 through October 14, 2007. N-LINE TRAFFIC MAINTENANCE Authorized Signature Patricia England, President of N-LINE Management, L.L.C., General Partner of N-LINE Traffic Maintenance, L.P. BRAZOS COUNTY Randy Sims,~Vounty Judge - Date Date RENEWAL ACCEPTANCE By signing herewith, I acknowledge and agree to renew the current Bid for Cleaning Supplies for the Jail, Bid 2005-032, at the same prices and in accordance with all terms and conditions agreed to and accepted as part of Bid 2005-032. The new Bid Number will be 2006- 050R. I understand that Bid 2006-044R will be in effect from October 1, 2006 through September 30, 2007. Prostar Industries orized Signature BRAZOSCOUNTY iq - 0(p Date Id,C)g& Date vam: e, Izwt uc HU rM rage:, are DA1 ACORD CERTIFICATE OF LIABILITY INSURANCE C O OR D b2/10/06 2 S U2 10/06 PR PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Anco Insurance B/CS HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P. O. BOX 3889 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Bryan TX 77805 Phone:979-776-2626 Fax:979-776-1308 INSURERS AFFORDING COVERAGE NAIL N,:URED INSURER A. - Travelers Indemnity INSURER B: SYaveleca eropssty pse lty Pro STAR Industries Inc. M ILNER C. 1590 A N Harve Mitchell Pkwy . y TX 77803 B INSURER D. ryan INSURER E'. COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO TIE INSURED NAMED PROVE FOR TPE POLICY PERIOD INDICATED. NOTMTHSTMIDING MY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO VMICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOVM MAY HAVE BEEN REDUCED BY PAD CLAIMS. LTR TYPE OF NSIRANCE POLICY NUMBER DALE MMUDNY) DATE WODMT LMMTS GENERAL LMBLRY EACH OCCURRENCE $1000000 A X COMTERCIAL GENaRU LIABILITY PACP-2995C83A06 02/11/06 02/11/07 PREMISES (Ee dpdvarel 1100000 CLAIMS MADE XX OCCUR MED EXP (AM ale person) S 5000 PERSONAL 6 ADV INJURY $1000000 GENEML AGGREGATE 52000000 GENT AGGREGATE LIMIT APPLIES PER PRODUCTS -CDMP/OP AGO $2000000 POLICY LOC AUT OMOBILE LIABILITY COMBINED SINGLE LIMIT i 1000000 B X ANYAUTO BA2998000706 02/11/06 02/11/07 (Es xaOert) AL OWNED AUTOS BODILY INJURY $ SCHEDUED AUTOS Per Person) HIREDAUTOS BODILY INJURY $ NONOVVNED AUTOS (Per ecddert) PROPBRTY DAMAGE t Per exIdert) GARAGE LIPBLRY AUTO ONLY -EA ACCIDENT t PNYAUTO OTER THAN EA ACC $ AUTO ONLY AGG $ EXCESSNMBRELLA UABLRY EACH OCCURRENCE $ OCCUR F-1 CLAIMS MADE AGGREGATE $ 5 DEDUCTIBLE $ RETENTION 5 $ WORKERS COMPENSATION AND TORYLIMNS ER B.FLOYERS'LVBLIIY ANY PROPRIETORRARDEP/EXECUIIVE EL EACH ACCIDENT i OFFICERUEMBER EXCLUDED? E.L.DISEASE-EAEMPLOYEE 5 ILyynn destrLe abler SPECIPLPROVISIONSN E. L. DI POLICY LIMIT I s OTHER DESMUPNON OF OPERATIONS / LOCATIONS I VEWCLES I EXCLUSIONS ADDED BY ENDORSEMENT/ SPECML PROVISIONS CERTIFICATE HOLDER CANCELLATION BRCBRYA SHOULD ANY OF THE ABOVE DESCRIBED POLICES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS wmnEN Brazos County NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SH A L Attention: Pat Howard 300 East 26th Street, Ste. 117 - IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Bryan TX 77803 REPRESENTATIVES. q=KAMI ACORD 25 (2001108) ® ACORD CORPORATION 1988 a K ~ ~QQ C F N O lal ~ N N ~Za oZ m~ U bs ~ as Hs ~g q~ Y $ ~ t g ~ t8 A Ell ~gtIIn ffi m a Yi n ~ ~ a a a I a s II El i I I I sa a1tills A IIt pp app p59 k a iE ~ B a ~ $ VOL 97 PAGE 'I' s x T _ A 'R ~ T <q 4 8 rv w » & w ~ rv ~ S ~ x s x a Yu by ~ ¢ yyEEE ggpE / EE a - « ~ ~ $ a ~ . ~ o 55 gg yy Z x x » ; FF rv ~ $ £ " 8 ® ¢ i d rz d fie: d 6d 0 O K 6 S 7 r' 'r W ' ! e,~c BRAZOSCOUNTY 4.03 POLICY ON LONGEVITY PAY 4.03.1 GENERAL: Brazos County has three types of longevity pay. The County longevity pay adopted by the Commissioners Court; State reimbursed longevity pay as authorized by the Government Code for Assistant Prosecutors; and Longevity pay for Commissioned Deputies as authorized by the Local Government Code. Longevity pay for purposes under the County Longevity Pay Policy is considered benefit pay, and is in addition to the regular salary approved by the Commissioners Court, and set by the employing official and/or department head. Longevity pay is related solely to length of an employee's service to the County. Longevity pay will be calculated based on the completion of five-year incremental periods of employment and shall be based on the number of years of service as of September 30a' of each year. The incremental periods shall begin with five years and end with thirty-five years. For pay purposes, longevity pay will be distributed once a year with the first pay check in November or upon termination if eligible. 4.03.2 ELIGIBILITY: All regular County employees, to include elected officials and to exclude temporary employees shall be eligible for the longevity pay benefit. Longevity pay will be based on the completion of five-year incremental periods of employment as of September 3&. Employees with an effective termination date of September 30a' or earlier will not receive a distribution in the subsequent November. The incremental periods will begin with five years and end with thirty-five years. 4.03.3 PAYMENT: For pay purposes, longevity pay will be distributed to each eligible employee once a year with the first pay in November or upon termination if eligible 4.03 Page 1 of 4 73 z BRAZOS COUNTY 4.03 POLICY ON LONGEVITY PAY (continued) Longevity pay will be paid based on the following schedule: 5 through 9 years 10 through 14 years 15 through 19 years 20 through 24 years 25 through 29 years 30 through 34 years 35 years and longer $ 240 per yr $ 480 per yr $ 720 per yr $ 960 per yr $1,200 per yr $1,440 per yr $1,680 per yr An employee who terminates employment with the County is not entitled to prior service with the County should the employee choose to return to County employment at a later date. All previous prior service credits approved by the Commissioners Court will be grandfathered. It is the responsibility of the Commissioners Court to provide budget appropriations for each departments longevity requirement. 4.03 Page 2 of 4 VOL 97 PAGE 7 4 BRAZOS COUNTY 4.03 POLICY ON LONGEVITY PAY (continued) 4.03.4 LONGEVITY PAY FOR ASSISTANT PROSECUTORS 4.03.4.1 GENERAL: All full-time Assistant Prosecutors as defined in the Local Government Code Chapter 41 (d) shall be paid longevity pay at the rate of twenty dollars ($20.00) per month for each year of lifetime service credit, up to a maximum amount of $5,000.00. The longevity pay is effective beginning with the month following the month in which the fourth year of lifetime service credit is accrued. An Assistant Prosecutor means an Assistant District Attorney, Assistant Criminal District Attorney or an Assistant County Attorney compensated by the state to perform the duties of a District Attorney. A full-time Assistant Prosecutor is an Assistant Prosecutor who is normally scheduled to work at least 40 hours per week as an Assistant Prosecutor 4.03.4.2 ELIGIBILITY: An Assistant Prosecutor is entitled to longevity pay to be included in the Assistant Prosecutor's compensation if the Assistant Prosecutor is a full-time employee on the first workday of the month, is not on leave without pay on the first workday of the month and has accrued at least four years of lifetime service credit no later than the last day of the preceding month. The District Attorney for Brazos County shall certify the eligibility of all Assistant Prosecutors to receive longevity pay supplement. If an Assistant Prosecutor ceased to be a full-time employee after the first workday of a month, but otherwise qualifies for longevity pay, the Assistant Prosecutor's compensation for that month will include full longevity pay. An Assistant Prosecutor who is on leave without pay for an entire month does not accrue lifetime credit for the month. An Assistant Prosecutor who simultaneously holds two or more positions that accrue lifetime service credit accrues credit for only one of the positions. 4.03.4.3 PAYMENT: For pay purposes, longevity pay will be distributed to each eligible Assistant Prosecutor according to State Statute and according to procedures established by the County Auditor. 4.03 Page 3 of 4 1. , 97 7s BRAZOS 4.03 POLICY ON LONGEVITY PAY (continued) 4.03.5 LONGEVITY PAY FOR COMMISSIONED DEPUTIES: 4.03.5.1 GENERAL: All full-time commissioned Deputies of the Sheriff's Department shall receive longevity pay of not less than five dollars ($5.00) per month for each year of service in the department up to and including twenty-five (25) years. All commissioned Deputies of the Sheriffs Department will be evaluated yearly to determine which will receive State Longevity or County Longevity based on whichever is greater. 4.03.5.2 ELIGIBILITY: All full time commissioned Deputies are entitled to longevity pay to be included in the commissioned Deputy's pay each year following the date the commissioned Deputy completes one year of service in the Sheriff s Department. The Sheriff shall certify the eligibility of each commissioned Deputy to receive longevity pay supplement to the Human Resource Department. A commissioned Deputy who terminates employment with Brazos County and returns to employment with the Sheriff s Department at a later date shall be paid longevity pay beginning October ls` after the completion of one year of service with the Sheriff s Department and certification of eligibility has been received. 4.03.5.3 PAYMENT: For pay purposes, longevity pay will be distributed to each eligible commissioned deputy once a year with the first pay period in November or upon termination. 4.03 Page 4 of 4 BRAZOS COUNTY 4.03 POLICY ON LONGEVITY PAY This policy on longevity pay becomes effective -1 October, 2006 was considered and approved by the Brazos County Commissioners Court this !3f d-- day of October, 2006. ATTE T: A McQueen County Clerk w6L 97 p<<-- 017 z O H~ W I~ `TO V W CA U Q W U 0- w U 79 N w- Y ti ,L-+ O U ~ Q ~ cC to O N i U WT ~ O O. 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