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BRAZOSCOUNTY
BRYAN,TEXAS
NOTICE OF MEETING
AND AGENDA
4W,
BRAZOS COUNTY COMMISSIONERS COURT
THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR
SESSION ON 19 DECEMBER 2006 AT 6:00 P.M. IN ROOM 102 OF THE BRAZOS
CENTER, 3232 BRIARCREST DRIVE, BRYAN, TEXAS.
1. Invocation and Pledge of Allegiance - Commissioner Wassermann.
2. Call for citizen's input and/or concerns.
Consider and take action on agenda items 3 - 22:
3. Request from the 361St District Court for transfer of funds from hourly staff to contract
services for visiting bailiffs.
4. Budget Amendment 06/07-10.1 thru 06/07-10.5.
5. Personnel Change of Status.
6. Payment of Claims.
7. Request by Jim Jette for an exchange of land along Jones Road.
8. Payment of health insurance premiums for County retirees with less then eight years of
service to Brazos County.
9. Continuation of health insurance coverage for retirees and increase in the monthly
insurance premiums for dependents of retirees.
10. Approval of official bonds.
11. Proposed operational policies and revised fee schedule for the Brazos Center.
Office of the County Judge • 300 East 26'" St. • Suite 114 • Bryan, Texas 77803 . Fax: (979) 361-4503
vc~i. ~9 l;P 165
Commissioners Court Agenda
19 December 2006
Page 2
12. Waiver of the 60 Day Notice Requirement for the proposed Lauth Tax Increment
Financing Zone.
13. Interlocal Agreement between Brazos County and the Texas Department of
Transportation for the purpose of providing uniformed, armed peace officers and
equipment for law enforcement, general surveillance and traffic control.
14. Contract and agreement between Brazos County and the Texas Department of State
Health Services, Bureau of Vital Statistics for remote access to birth and death records.
Term of agreement is 9/01/06 to 8/31/2008.
15. Reclassification of the Administrative Secretary position in County Court at Law #2
from Step 6 to Step 9, with no change in Group.
16. Requisition 00012184 to Philpott Motors, Inc. in the amount of $23,531.00 for the
purchase of a vehicle for the Building Maintenance Department.
17. Award of Bid 2007-006 Construction of New Two Lane Roadway Bridges, to
Wakefield Bridge, Inc. based on best price.
18. Award of Bid 2007-007, Seal Coat Projects for Precincts 1, 2, 3, & 4 as follows:
Primary Vendor: F. N. Ploch Construction, Inc.
Secondary Vendor: Big Tex Paving
19. Commissioners Court minutes for the following 2006 dates:
a. 7 November
b. 14 November
c. 15 November
Regular Meeting
Regular Meeting
Special Meeting
d. 21 November Regular Meeting
e. 27 November Special Meeting
20. Payment authorizations (2) from the Brazos Center to G&K Services in the amount of
$51.18 and $15.00 for the purchase of mats and mops. The blanket purchase order for
this vendor was accidentally closed.
21. Convene into Executive Session pursuant to §551.071 of the Texas Government Code
for consultation with an attorney regarding pending litigation.
22. Consider and possible action on the Executive Session.
23. Announcement of interest items and possible future agenda topics.
24. Call for citizen input and/or concerns.
25. Agency / Board / Committee reports by Court members.
26. Adjourn
The Brazos Center 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.
COMMISSIONERS' COURT
REGULAR MEETING
DECEMBER 19, 2006
A regular meeting of the Commissioners' Court of Brazos
County, Texas was held in the Brazos Center 3232 Briarcrest
Drive, in Bryan, Brazos County, Texas, beginning at 6:00 p.m.
on Tuesday, December 19, 2006 with the following members of the
Court present:
Randy Sims, County Judge, Presiding;
Lloyd Wassermann, Commissioner of Precinct 1;
Duane Peters, Commissioner of Precinct 2;
Kenny Mallard, Commissioner of Precinct 3;
Carey Cauley, Jr., Commissioner of Precinct 4;
Karen McQueen, County Clerk.
The attached sheet contains the names of the citizens and
officials that were in attendance.
Commissioner Wassermann gave the invocation and led the
pledge of allegiance.
There was nor citizen input/and or concerns.
The first matter before the Court was a request from the
361st District Court to transfer funds from hourly staff to
contract services for visiting bailiffs. On motion by the
County Judge, seconded by Commissioner Peters, the Court voted
unanimously to approve the request to transfer $2,000.00 from
hourly staff to contract services for visiting bailiffs.
Vol ~ 7 Page 157
Commissioners Court meeting December 19, 2006 2
The Court next considered Budget Amendment #06/07-10.1
through 10.5, which would reallocate funds for Constable,
Precinct 3, 361st District Court; transfer funds from
Contingency to the County Attorney, Commissioners Court, and
transfer funds from Special Forfeiture to Constable, Precinct
2. On motion by Commissioner Cauley, seconded by Commissioner
Peters, the Court voted unanimously to approve the budget
amendment as submitted, a copy of which is attached.
The Court proceeded to consider the change of status of
employees as submitted on the attached Personnel Action
Requests. On motion by Commissioner Peters, seconded by
Commissioner Cauley, the Court voted unanimously to approve
the change of status as submitted.
The Court next considered the following Claims as
submitted by the County Treasurer for payment:
7026390 through 7026624
On motion by Commissioner Mallard, seconded by Commissioner
Wassermann, the Court voted unanimously to approve the Claims
as submitted.
The next matter before the Court was consideration of a
request by Jim Jett for an exchange of land along Jones Road.
Mr. Jett is a developer who owns property along Jones Road.
There are two very small tracts of land, one owned by Mr. Jett,
Vol 85 Page I S 9'
Commissioners Court meeting December 19, 2006 3
the other owned by the County that if they were swapped/
bought/sold to each other would allow Mr. Jett to have an
aesthetically pleasing lot (#7) to sell and would allow the
County to continue having a storage location for road material.
After some discussion, the Court on motion by Commissioner
Cauley, seconded by Commissioner Peters, moved to remove this
item from the agenda to allow the Court time to research the
cost of realigning Jones Road to accommodate the request. The
motion carried unanimously.
The Court next considered the continuation of health
insurance coverage for retirees and increase in the monthly
insurance premiums for dependents of retirees. On motion by
Commissioner Peters, seconded by Commissioner Cauley, the Court
voted unanimously to amend the current policy regarding the
payment of health insurance premiums for retires to only
provide for the payment of health insurance premiums to county
employees with eight or more cumulative years of service to
Brazos County. This change of policy would be effective January
1, 2007 and would not be retroactive.
The Court next considered the continuation of health
insurance coverage for retirees and increase in the monthly
insurance premiums for dependents of retirees. On motion by
Commissioner Peters, seconded by Commissioner Cauley, the Court
Vol 8 ~ Page 1 5I
Commissioners Court meeting December 19, 2006 4
voted unanimously to amend the current policy regarding the
payment of health insurance premiums for retirees' dependents
to provide that the premium should be consistent with the
current rate charged to insure the dependents of active county
employees. This change of policy would be effective January 1,
2007 and would not be retroactive.
The next matter before the Court was approval of the
official bonds for the newly elected/reelected county
officials. On motion by Commissioner Mallard, seconded by
Commissioner Wassermann, the Court moved to approve the
official bonds for the following newly elected county
officials:
E. Duane Peters, Commissioner, Precinct 2
Donald Lampe, Constable, Precinct 2
Carey Cauley, Jr., Commissioner, Precinct 4
Marc Hamlin, District Clerk
Karen McQueen, County Clerk
Tommy Munoz, Justice of the Peace, Precinct 2, Place 2
Randy Sims, County Judge
Jim Locke, Judge, County Court at Law II
Michael McCleary, Justice of the Peace, Precinct 1
Gerald L. (Buddy) Winn, Tax Assessor/Collector
Kay C. Hamilton, Treasurer
Dee Wayne Thompson, Constable, Precinct 3
Amanda Matzke, Judge, County Court at Law I
Vera Lara Hooge, Justice of the Peace, Precinct 2, Place 1
Archie Clark, Constable, Precinct 1
Ramiro Quintero, Justice of the Peace, Precinct 4
George Boyett, Justice of the Peace, Precinct 3
Isaac Butler, Jr., Constable, Precinct 4
Vol R9 Page
Commissioners Court meeting December 19, 2006
5
The next matter for consideration by the Court was the
proposed policy and fee changes for the Brazos Center. On
motion by Commissioner Peters, seconded by Commissioner
Wassermann, the Court voted unanimously to approve the proposed
policy and fee changes for the Brazos Center. A copy is
attached.
The Court next considered a request from David Storrie,
Director of Special Projects with the City of Bryan asking for
a waiver of the 60 day requirement for public hearing for the
proposed Lauth TIF. Mr. Storrie and Mike Gentry, representing
Lauth informed the Court that the Groundbreaking would be June
of 2007 and that the tenants may be announced in just a few
weeks. On motion by Commissioner Mallard, seconded by
Commissioner Peters, the Court voted unanimously to waive the
60 day requirement for public hearing for the proposed Lauth
TIF.
The next matter before the Court was consideration of an
Interlocal Agreement between Brazos County and the Texas
Department of Transportation (TxDOT) for the purpose of
providing uniformed, armed peace officers and equipment for law
enforcement, general surveillance and traffic control. TxDOT
will reimburse the County at the following rates:
Vol 91 Page /&I
Commissioners Court meeting December 19, 2006 6
Rank Hourly Rate
Constable $26.92
Chief Deputy $21.98
Deputy $20.92
Deputy $19.91
The basis of payment is based on 2,688 man hours per annum,
mileage reimbursement of $0.445 per mile, and with a maximum
contract amount of $71,505.00. On motion by Commissioner
Wassermann, seconded by Commissioner Cauley, the Court voted
unanimously to approve the Interlocal Agreement between Brazos
County and the Texas Department of Transportation (TxDOT). A
copy is attached.
The next matter before the Court was approval of a
Contractual Agreement between Brazos County and the Department
of State Health Services, Bureau of Vital Statistics, to
provide on line computer services. This is authorized under
Chapter 12 of the Health and Safety Code. The cost to Brazos
County will be $1.83 for each Certification of Vital Record
printed as a result of searches of the database. The term of
the contract is for twelve (12) months commencing on September
1, 2006 and terminating August 31, 2008. On motion by
Commissioner Cauley, seconded by Commissioner Peters, the Court
voted unanimously to enter into contractual agreement with the
Department of State Health Services, Bureau of Vital
Statistics. A copy is attached.
Vol 0 Page 1(02
Commissioners Court meeting December 19, 2006 7
The Court next considered a request from Judge Jim Locke,
County Court at Law II to reclassify the Administrative
Secretary's position from a Step 6 to a Step 9, with no change
in Group. There is no increase to the departmental budget. On
motion by the County Judge, seconded by Commissioner Cauley,
the Court voted unanimously to approve the request.
The next matter before the Court was consideration of
requisition 00012184 in the amount of $23,531.00 for the
purchase of a vehicle for the Maintenance Department. On
motion by Commissioner Peters, seconded by Commissioner Cauley,
the Court voted unanimously to approve the requisition.
The Court next considered awarding Bid No. 2007-006,
Construction of New Two Lane Roadway Bridges. Pat Howard,
Purchasing Agent, recommended acceptance of the bid submitted
by Wakefield Bridge, Inc. On motion by Commissioner
Wassermann, seconded by Commissioner Cauley, the Court voted
unanimously to accept the recommendation of the Purchasing
Agent and award the contract to Wakefield Bridge, Inc. A copy
of the bid tabulation is attached.
The Court next considered awarding Bid No. 2007-007, Seal
Coat Projects for Precincts 1,2,3 & 4. Pat Howard, Purchasing
Agent, made the following recommendations:
Primary Vendor - F. N. Ploch Construction, Inc.
Secondary Vendor - Big Tex Paving
Vol 81 Page /6,3
Commissioners Court meeting December 19, 2006 8
On motion by Commissioner Peters, seconded by Commissioner
Cauley, the Court voted unanimously to accept the
recommendation of the Purchasing Agent and award the contract
as noted above. A copy of the bid tabulation is attached.
The Court next considered approval of the minutes of the
Commissioners' Court meetings held in November 2006 on the
following dates:
Regular
Meetings -
7th,
14th, 21st,
Special
Meetings -
15th,
27th
On motion by Commissioner Cauley, seconded by Commissioner
Peters, the Court voted unanimously to approve the minutes as
submitted.
The next matter before the Court was consideration of two
(2) payment authorizations from the Brazos Center to C&K
Services. One is in the amount of $51.18 and the other for
$15.00. The purchase orders were accidentally closed. On
motion by Commissioner Peters, seconded by Commissioner Cauley,
the Court voted unanimously to approve the payment
authorizations.
At 6:35 p.m. the County Judge announced the meeting
closed to the public so that the Court could meet in Closed
Vol gc~ Page / & Y
Commissioners Court meeting December 19, 2006 9
Executive Session to discuss pending litigation as allowed
under Section 551.071 of the Texas Government Code.
At 7:00 p.m. the County Judge announced the meeting open
to the public and on motion by the County Judge, seconded by
Commissioner Peters, the Court voted unanimously to take no
action on the Closed Executive Session.
Under announcement of interest items and possible future
agenda topics the following spoke:
Commissioner Mallard
a) Said that he was impressed with the
Jail conference that he attended in
Las Vegas, Nevada. He received lots
of first hand information. They were
able to tour the Las Vegas jail.
Sheriff
a) Said he appreciated the Commissioners
interest in attending the conference.
Under Agency/Board/Committee reports by Court members,
the following spoke:
Sheriff
a) Said that the jail count was at 567.
Under Agency/Board/Committee reports by Court members,
the following spoke:
Commissioner Mallard
a)
Vol
He attended the IGC meeting on Monday.
They are still working on the EOC
Agreement. Also, they are working on
8 page /&6
Commissioners Court meeting December 19, 2006
a grant for total inter-operability
(radio communication). There are dead
spots in the city but additional
towers will eliminate the problems.
There being no further business to come before the
Court, the meeting was adjourned.
10
Vol 9 c~ Page / 6? ~
The foregoing minutes of the Commissioners Court meeting held
cember 19, 2006 have been examined and are approved in open
Court this the 19D day of ~nfAarV 2007, in Bryan,
Brazos County, Texas.
ObScn +
Randy ms Lloyd Wassermann
Count Judge Commissioner, Precinct 1
Duane Peters Kenny Mallar
Commissioner, Precinct 2 Commissioner, Precinct 3
C ey Ca ey, Jr.
Commissi ner, Precinct 4
Attest:
Karen McQueen
County Clerk
Vol F? Page / col
Pg/of 2
BRAZOSCOUNTY
COMMISSIONER'S COURT
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Organization
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BRAZOSCOUNTY
COMMISSIONER'S COURT
DAY
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Name
(PLEASE PRINT)
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"q7
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT(S) FOR THE 2006-2007 BUDGET YEAR
NO. 06/07-10.1 thru 06/07-10.5
On this the 10 day of December 2006 at a regular meeting ofthe 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 19 December 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 12 September 2006, the
following amendment(s) to the original budget are hereby authorized, as described on the attached page(s).
ADOPTED AND APPROVED this the 19'" day of December 2006.
THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS.
By
Original: County Clerk's Office and
attached to the original budget
Copies: County Auditor
County Treasurer
Commissioners' Court Minutes
ks._ 2170
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 06/07 -10.1
12/19/2006
FD
DIV
ACCT
PROJ
DR/CR
ACCOUNT NAME
Increase
Decrease
0100
11001500
61130000
CR
Contingency
4,663.75
0100
18000100
51630000
DR
Hourly - Part-time
3,892.20
0100
1800010
53100000
DR
Social Security
297.75
0100
18000100
53200000
DR
Retirement
459.29
0100
18000100
53800000
DR
Workers' Com .
14.51
County Attorne :
To move budget from the County's Contingency to County Attorneys Office for the reclassification
of a art-time position. The budgeted hours for the position should have been 1300 hours instead
of 1040 hours. It was a roved b the Commissioners' Court on 12/5/2006 (agenda item #4 .
Y
g9 71
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 06/07 -10.2
12/19/2006
FD
DIV
ACCT
PROJ
DR/CR
ACCOUNT NAME
Increase
Decrease
0100
11001500
61130000
CR
Contingency
286.00
0100
11000100
51810000
DR
Longevity
240.00
0100
11000100
53100000
DR
Social Security
19.00
0100
11000100
53200000
DR
Retirement
27.00
Commissioners' Court:
To move funds from the County's Contingency to cover the Longevity and the benefits associated
with it for an employee due to an error found in the longevity aid on November 10, 2006.
'MOWN
l-7a
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 06/07 -10.3
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 06/07 -10.4
12/19/2006
FD
DIV
ACCT
PROJ
DR/CR
ACCOUNT NAME
Increase
Decrease
2500
41091200
CR
Forfeiture - Constable Pct.2
1,800.83
2500
30210000
60500000
CR
Office Equipment
365.00
2500
3021000
80890000
DR
Vehicles
1,800.83
2500
3021000
65950000
DR
Vehicle Maintenance
365.00
Special Forfeiture Fund - Constable Pct. 2:
1). To increase the budgets for both revenue and expenditure based on the actual forfeiture
amount of $1,800.83. The amount will be used for the purchases of add-ons to the vehicle.
2 . To reallocate budget from office ui ment to vehicle maintenance.
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 06/07 -10.5
12/19/2006
FD
DIV
ACCT
PROJ
DR/CR
ACCOUNT NAME
Increase
Decrease
0100
2220010
52500000
DR
Contract Services
2,000.00
0100
22200100
51610000
CR
Hourly - Staff
2.000.00
1 1361 District Court - To move funds from the bailiff position to the contract services
line item to provide for a visiting bailiff during the time the previous emnlovee left and the new
gq ~~5
11"5
PERSONNEL
CHANGE OF STATUS REQUESTS
Commissioner Court Date: December 19, 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
Brazos Center Dunmire, Patricia New Hire
Green, Jr., Leonard New Hire
County Attorney
Anderson, Justin
New Hire
Eplen, Rebecca
Transfer within Dept.
Higginson, G. David
Transfer within Dept.
Jadlowski, Christopher
State Supplement
District Attorney
Lenz, Beth
Resignation
Juvenile Services
Munoz, Patrick
Temporary Promotion
SO/Admin.
Kristoff, William
New Hire
Wager, Jason
New Hire
Approved in Commissioners' Court: December
County Judge's or Commissioner's Signature:
(This Copy to be attached to minutes)
Passages highlighted in yellow are to be deleted.
Passages (within parentheses and red type) are new additions.
BRAZOS COUNTY
EVENTS
FACILITIES
MISSION STATEMENT
The mission of the Brazos County Events Facilities is to provide clean, attractive and affordable facilities; and excellent
customer service to meet the needs of the Brazos Valley community.
These policies have been created to establish a guideline for aft events held at the Brazos Center and The Brazos County Arena Compim By the
nature of the facilities, all of the events are unique and will have different rules that may be applicable depending on the types of activities that are
planned. This guideline is only a summary and does not attempt to include every rule or special condition that may apply to possible events. Some
of the guidelines are modified from time to time depending on the circumstances, at the discretion of the Director. Please call the Brazos Center
office if you have specific questions about your event. Phone (979) 776-8338
OPERATIONAL POLICIES
ALCOHOL POLICY... Guests attending events are never allowed to bring alcohol into the event. "Bring Your
Own Bottle" is prohibited at all locations for any event. Alcohol may be sold and/or served providing all policies of
the TABC are observed including the following: Any person or group wishing to include the availability of alcohol at
their event must contract with a TABC licensed retailer whose name appears on the list of approved alcohol vendors.
The retailer must deliver the alcohol and provide an appropriate number of TABC certified servers to dispense the
alcohol. Alcohol is not allowed on the premises under any other circumstance. The following rules also apply to alcohol
service: Alcohol must be served from an area designated by the Director. All bottles or pitchers must remain in service
area. Bottled beer/wine coolers must be served in a cup. An alcohol surcharge is to be assessed to the user. An additional
fee for a "Cash Bar" is applicable. Availability of alcohol will cause the required number of peace officers to increase.
AVAILABLE HOURS FOR EVENTS
Brazos Center and Arena Hall
Sunday through Thursday Sam-llpm
Friday and Saturday 8am-midnight
Livestock Pavilion
Sunday through Thursday 8am-9pm
Friday and Saturday Sam-I Ipm
Events must end in accordance with their contracted finish time. The lessee will forfeit one-half of their deposit if the
finish time is exceeded by more than 30 minutes.
C'ANCELLATIONS...In order to receive a deposit refund, notification of cancellation must be received no later
than (60) (90) days prior to the event date. Notification of cancellation received after this deadline will result in
a forfeiture of the entire deposit. No cancellation on a setup day unless both days are cancelled (60) (90) days
before the event. The lessee will forfeit their fees if cancellation is received less than (48) (72) hours before the
time of occupancy. If the event was of the type that did not require a deposit lessee will forfeit their fees for a
"No Show".
r;PiGe. 17 7
CATERING ..(applies to caterers, bar service, concession providers)... All caterers (food & beverage) doing
business at the BCEF are required to have a $100 deposit on file at the Brazos Center office which will be used to cover
any required dean up which the caterers fail to perform themselves or as satisfaction for any damages occurring. Brazos
Center space and property used by caterers and bartenders must be left in the condition it was found on arrival.
Caterers are responsible for knowing and following all rules that pertain to their service at this facility. These are
presented to the caterer upon receipt of their deposit. (Caterers are responsible for following all laws of the state of
Texas and Brazos County that pertain to their business. This includes obtaining and displaying the proper
health permits.)
CATERING FEES (All caterers (food & beverage) will be required to enter into a catering agreement contract
with the Brazos Center, and under the terms of the Agreement, pay the Brazos Center 10% of the gross receipts
with a minimum of $1 per person.)
CLASSIFICATION OF USE...NON-COMMERCIAL - Private parties, educational events charging no admission of
entry fee, political events, or an event sponsored by a non-profit organization or a governmental entity.
COMMERCIAL - Any event produced by a business. VENDING - Events whose main focus is to sell merchandise or
services on the premises.
CLEAN-UP...The Lessee is responsible for the dean up of the facilities after their use. All facilities are to be
returned as found. All trash removed to dumpsters. All surfaces clean: floors, tables, chairs, counters and walls. Parking
area, restrooms, concourse and rear loading area should not show evidence of event. All items borrowed must be
returned to facility staff. (If clean-up is not performed adequately the lessee's deposit may be retained.)
COOKING... Cooking on the premises is allowed only by prior approval of Director.
CORRIDORS...(Corridors and hallways are common space and are not part of any leased area. They may be
used only with permission from the Director.)
DECORATIONS...The Lessee is responsible for their own safety and the safety of those associated with their
event during the installation, display, and removal of all decorations. Decorations causing damage to floors, walls
or other structures arc not permitted. This includes the use of duct tape, tacks, nails or staples. Users are to receive
specific direction from center staff as to the type of tape allowed. Use of the ceiling structures requires prior approval of
the Director. Use of water in decorations is allowed only by special permission and an additional $100 deposit.
Helium tanks must be secured to a load bearing structure upon arrival and remain secured until their departure.
Candles can be used for decoration only if the candle is contained and the flame does not extend higher than the
container. (Prohibited from use on BCEF premises are as follows: straw, hay, glitter, confetti and fireworks. The
throwing of sterilized birdseed and the use of bubbles is restricted to the outside area only.)
DAMAGE DEPOSITS... A deposit is money paid to reserve a space. Security deposits for any Brazos County Event
Facility space are payable at the time the space is reserved. This money is deposited in the BCEF's checking account
until the space is used or the event is cancelled. The deposit cannot be applied to the fees. In order to reserve a space, a
deposit must be placed. No "tentative" holds for dates are allowed. (The deposit will be refunded after the event if
the facilities are returned in the condition in which they were received and no additional charges accrue during
the event.) (Security deposits are NEVER applied to fees.)
ELECTRICAL... Brazos Center users may use up to 25 amps of 110-volt electricity. (Events requiring special
arrangements must give the Brazos Center 30 days notice in advance and have a detailed layout of the electrical
needs in our office 30 days prior to the event.)
2
. w, l 8q P~,, . $
stud.
EQUIPMENT...In the event that the BCEF does not have adequate equipment suitable to the proposed use or to
meet the needs of those attending, the lessee shall supply such equipment. Brazos County shall not be in any manner
responsible for such property.
F.XIT DOORS... (A 10' clearance on both sides of the exit doors, (egress and ingress) with no physical
obstruction, must be maintained at all times. No lighted exit sign or accompanying door can be locked during
an event.)
FEE DISCOUNTS... Fees for use on several consecutive days may be discounted 25% for second and following days
of use at the discretion of the Director. Regularly scheduled events made by a contract of six-months or more may be
discounted 15% every day of use after the initial date if the total fees are paid in full prior to use. (or monthly in
advance at the discretion of the Director).
FEES... (The rental fee is due fourteen (14) days prior to the event.) Fees paid less than fourteen (14) days before
the event are required to be paid in cash or cashier's check. An alcohol surcharge is to be paid by Lessee if alcohol will
be available at the event. Any items sold on the premises are subject to vending fees including but not limited to
photos, concessions, alcohol, souvenirs and books. Additionally, the Brazos Center offers a variety of items that can be
rented to make your event more successful. User should make these arrangements when making the reservation.
FIRE CODE ...SPACE REQUIREMENTS:
Assemblage 7sq. Ft. per person (2 aisles for every 14 chairs)
Tables/Chairs 15sq. Ft per person
Standing 3sq. Ft. per person
FREE USE OF BRAZOS COUNTY EVENTS FACILITIES... For free use by a Brazos County Department, the
event must be: a legally specified County duty: voting, condemnation, etc. or open to the public at no charge, or
official County business. Any other events held by County Departments requesting free use requires approval of the
Commissioner's Court and may not be scheduled more than 45 days prior to the event with the exception of voting.
Exceptions to this policy will be allowed only if approved by Commissioner's Court.
INSURANCE REOUIREMENTS...Proof of current comprehensive public liability insurance is required for all
commercial and vending events and other events as determined by the Director. $1,000,000 Public Liability insurance
for bodily injury or death is required. (The policy shall be in the name of the lessee. The Brazos Center is the
certificate holder and is additionally insured.) Two weeks prior to the event a copy of such proof of insurance
showing effective dates of coverage, must be on file at the Brazos Center.
(MULTIPLE REQUESTS FOR SAME DATE AND SPACE... Reservation for a one-time, one-day event can be
made no more than one year in advance. Reservations may be made on the day requested (or the nearest working day)
one year prior to the actual day. Should more than one request for the same day be made all interested parties desiring
the date must appear with their appropriate deposit, at the Brazos Center office on that date one year in advance by
8:00 am. At 8:15am on that day all names will be individually written on the exact same size paper, which will then be
folded and placed in a bowl or hat. An impartial person will draw one name at a time until all names are drawn. The
first name drawn must pay the required deposit at that time. All remaining names will be listed and retained in the
order they were drawn and will be on file in case of date cancellation by the depositor.)
NON-CONFORMING EVENTS... Events not conforming to accepted community standards or any event that has
been scheduled using untrue or misleading information provided by the Lessee shall be rejected or cancelled.
ONPREMISE SALES (not including alcohol)... VENDING USAGE - If a Lessee pays vending rates for an event,
merchandise vendors at that event do not pay an additional vending fee with the exception of concessionaires. (See page
6). All sellers of food, alcohol and/or beverages shall pay fees according to concession fee schedule.
COMMERCIAL AND NON-COMMERCIAL USAGE - A daily fee is charged for all items sold on the premises. All
vendor or concession fees must be paid prior to occupancy by vendor or concessionaire.
PEACE OFFICERS AND REQUIRED SECURITY...The Center Director establishes Peace Officer requirements.
The Braws Center personnel will schedule o cers. Uniformed certified peace officers that are employed by a
municipal, county, or state law enforcement agency, having local jurisdiction are used. Lessee must pay officers
individually at the commencement of the event. Number of officers required is as follows:
EVENTS WITH ALCOHOL EVENTS WITHOUT ALCOHOL
0 to 100 people 2 0*
101 to 300 people
301 to 450 people
451 to 600 people
2
600 to 750 people 5 4
751 to 900 people 6 TBA
*When participants are minors, a list of adult chaperons is required. Peace officers are required for any event of any
size that is primarily geared towards teenagers.
PROHIBITED EVENTS... Dances billed as "open to the public" are prohibited. Dances, parties, "mixers" and
initiations held by social fraternity and sorority organizations are prohibited. Events held by scholastic or professional
fraternity and sorority organizations may be permitted on an individual basis.
PUBLIC SCHOOL SPONSORED EVENTS... Special fee consideration is given to the following BISD or CSISD
School sponsored events. Junior-Senior Prom may utilize the Brazos Center one day (24 hours) prior to the prom day,
the day of the prom and up to (1iz) (4 hours) the day following the prom for the price of one day's fees. Regular
"banquet" fees (per capita) are charged for banquets. Peace officer requirements are standard.
RAIN DATES...A user requesting space for a "rain date" may do so by paying the appropriate security deposit with
the following stipulations: If another user requests the same date and space, the first depositor will be contacted and has
up to 5 (two (2)) days to decide to keep the date or cancel. If the depositor keeps the date, the deposit will be retained
unless the event is held in the "rain date" reserved space. If the "rain date" space is used, all regular fees and charges will
be made and collected. If the first depositor decides to cancel the "rain date" the deposit will be returned and the
second deposit offered will be accepted. If no other request for the same date and space is received and the "rain date" is
not used, the deposit may be refunded after the event date.
RENTAL TO CHURCHES... Rental to churches is limited to Brazos County, IRS certified, established congregations
that experience an emergency due to natural causes (fire, flood or storm). Rental is limited to nine months or less on a
space available basis.
Room 102...Food and beverages are prohibited in Room 102. Daylong (more than four hour) meetings using the
room may use another area with tables and chairs for eating purposes. Such an area may be used on space-available basis
by reservation in advance for an additional fee of $25 for up to 50 people or a fee of $.50 per person for over 50
people.)
SCHEDULING INADVANCE... A one time, one-day event may be scheduled no more than one year in advance. A
one time, multiple day event may be scheduled two years in advance. A one time, one day or more event requiring
extensive facility use may be scheduled two years in advance. (After an event has been held for three consecutive years,
the event may be scheduled for three consecutive years in advance.) In the event of scheduling conflicts or on occasions
when a more extensive use of the facilities can be scheduled, the Director reserves the right to give any regular user 30
days notification of cancellation and fully refund any fees paid by such user for the canceled event.
4
SET-UP AND CLEAN-UP TIMES ...SET-UP - Lessee may reserve space, if available, for set-up. This applies only to
large spaces (concourse and assembly rooms). A set-up day can qualify for a 50% discount of the first day's fees, with
certain restrictions. Set-up in smaller areas is at regular price. CLEAN-UP - Lessee may reserve one full day following
an event for dean up. The fee is one half of the fees charged for the first day of the event. For some events, Brazos Center
personnel will perform the clean up for a fee of 25% of total fees (deposits excluded). Any utensils, equipment or
decorations to be saved are the sole responsibility of the Lessee. Lessee must clean tables and spills during event.
RENTAL RATES AND FEES
BRAZOS CENTER DEPOSITS AND FEES (Rental fees are based on 12 hour rentals on the weekends, 8 am -
I am. Additional hours may be added at the rate of $50.00 per hour and must be arranged in advance of the
event.)
(A deposit is money paid to reserve a space. This money is deposited in the BCEF's checking account until the space is
used or the event is cancelled. The deposit cannot be applied to the fees. The deposit is held as security for the date, and
to cover any damage or insufficient dean-up resulting from the event).
Participants up to:
100
101 - 200
201 - 300
301 - 500
501 - 1200
Basic
$100
$200
$300
$450
$600
With alcohol an additional
50
50
50
100
200
Setup Day Deposit Fee will be assessed at $150 for Assembly 1 & 2 or Assembly 3 & 4. No cancellation on setup day
unless both days are cancelled 90 days before the event.
SPACE
SEATING CAPACITY
BAN UET AUDITORIUM
PRIVATEICOMMERCIAL
MINIMUM FEE
VENDING
TABM"M
ASSMI 4600rgfcet(40:116)
320
400
$300($350)
$425($500)
SSM2 8352sgfeet(72W16)
600
700
$600($725)
$725($875)
SSM I d2 Sunday -Friday Rental only
13,000 sq fat (112k116)
1000
1200
$3 Per person
Banquet Set-up
$750($900)
$900($1080)
ASSM. 16- 2 Saturday Rental Only
1000
1200
$2 per person
Auditorium
Set-up
$1,000 ($1200)
$1000($1300)
ASSM3 1457sq feet (47k31)
100
125
$200($240)
$300($350)
4 1339sgfeet (26'x51.5)
100
125
$180($215)
$250($300)
ASSM 3 d 4 27%sq feet
180
200
$300($350)
$400($480)
CONCOURSEE 2640sgfeet(22k120)
CONCOURSE W 2376s eet (22k108)
$100($120)
$200($225)
CONCOURSE EdW sqft (22k228)
($220)
($350)
4 HOURS OR LESS
12 HOURS
12 HOURS
ROOM 102
X
125
$70($85)
$125($150)
$150($180)
ROOM 106 595sgfret(20.5k29)
36
50
$55($70)
$75($90)
$85 ($100)
ROOM 108596sgfeet(22.5Y265)
36
50
$55($70)
$75($90)
$85 ($100)
"Tables used for vending or display rent for $3 each.
g~ 181
BRAZOS COUNTYARENA COMPLEX DEPOSITS AND FEES
Deposits for Participants up to: 100 101-200 201 - 500 over 500
Basic $100 ($125) $300 $450
With alcohol an additional (25) (50) (75) 100 150
FEES ...(Fees are based on 8 hours rentals, Sam - 4pm or 5pm - lam. All fees must be paid two weeks prior to the
event.
ARENA HALL
NON-COMMERCIAL
COMMERCIAL
(8 hours or less)
125 CAPACITY
$120
$165
(All ay
($240)
PAVILION
$325
$325
300'X 125'
BLEACHERS SEAT 350
ALCOHOL SURCHARGE...An alcohol surcharge is assessed to the Lessee if alcohol will be available.
PARTICIPANTS: Up to 100
$ 25(50)
101--200
$ 75
201---300
$100
301--500
$125
over 500
$200
SALES... Applicable to each "vendor" for non-vending events (per day).
Concessions - The sale of soft drinks and food items requires a vending fee of $25 per day.
Merchandise - The We of merchandise (shirts, videos, tapes, photos, etc.) requires a daily fee of $25 per vendor.
Alcohol - The sale of any alcoholic beverages (a cash bar) requires a daily fee of $50.
HALL
SPECIAL POLICIES FOR THE ARENA
1. Sand, cornmeal or any other material used to make a "faster" floor is prohibited in the Arena Hall.
2. The Arena Complex manager must approve use of candles.
3. Overnight parking is not authorized. No RV hookups are allowed / available.
4. At the Arena Hall only, the Lessee may bring in beer and or wine/champagne without going through a TABC
licensed retailer. Beer must be in cans or a keg or served in cups. NO BOTTLES are allowed. Glass containers
are prohibited at all Brazos County Events Facilities Locations! Two peace officers will be required and
scheduled through the Brazos Center when alcohol is to be present or at the discretion of the Brazos Center
Director. All alcohol must arrive with the host of the event and no BYOB (Bring Your Own Bottle/Beer) is
ever allowed. If lessee wants to have liquor at their event they must contact the Brazos Center office for details
pertaining to the Alcohol Policy. All other rules pertaining to alcohol service, as stated previously apply. Not
adhering to this policy could result in loosing your deposit or being banned from any further use of the facility.
5. No loud music in the parking lot (City Ordinance).
6. We ask that you do not let your children play in the parking lot between parked vehicles. If children are to be
outside, an adult must supervise them at all times.
7. NO items can be placed on the paneled walls of the Arena Hall. Arena Complex manager must approve items
to be hung from the ceiling,
SPECIAL POLICIES FOR THE LIVESTOCK PAVILION
1. Should an event be postponed due to the probability of inclement weather, the event may be rescheduled or
refund of fees will be made. If an event starts and is halted or unfinished due to inclement weather, no refunds
will be made and rescheduling is possible only by paying normal fees again.
2. Amplified music in the Livestock Pavilion is permitted ONLY with strict conditions. Sound must be aimed
toward the northeast corner of the Pavilion. Volume of amplification must be controlled sufficiently as
determined by the Arena Complex Manager. If any complaint of excessive volume is made from nearby
residents, the volume must be lowered immediately. After lowering, an additional complaint will be cause for
the music to cease.
3. Overnight parking is not authorized. No RV hook-ups are allowed/available.
4. Users wishing to have vending booths inside the Livestock Pavilion may pay a $200 per day vending fee that
will cover as many vendors as they can reasonably accommodate. The Arena Complex manager must approve
logistics for this type of event in advance.
5. No loud music in the parking lot (City Ordinance).
PROPERTY.-The Brazos Center offers a variety of items that can be rented to make your event easier and more
successful. Users wishing to reserve equipment should do so when they make their room reservation. Prices are per day
of use.
(Bottled Water (12 oz. bottle)
($.50)
Cable Access for Internet$15
Chalk Board
$5
Coffee Pot
$ 8
Coffee Service 50 cups
$25 ($37.50)
100 cups
$50($75)
Copies (each)
.10
Cordless Microphone
$25
Dry Erase Board
$5
Fax Line
$25
Flip Chart with pad and markers $20
Easels: Brass
$5
Wooden
$5
(Electric Drop (each drop)
($25)
(Extension Cords/Power Strips)$3)
Lapel Microphone
$25
Overhead Projector $15
P/A System (fixed or portable)
$15
Piano
$25
(Portable Stage 1 section)
($25)
(2 - 6 sections (4'x 8')
$75($80)
Projection Screen
$10
Regular Microphone
$15
(Signage/Banners hung)
($20)
Slide Projector
$25
Tape/CD player
$15 ($25)
27"TV / VCR
$25
32"TV/VCR/DVD
$35
BRAZOS COUNTYPARK-PICNIC SHELTER
The Brazos County Park consists of 39 acres of woodlands with a nature trail and picnic shelter. The parkland adjoins the
Brazos Center parking lot to the south. The picnic shelter is a covered pavilion with picnic tables that will seat 100 people.
A large barbecue pit and restrooms are adjacent to the picnic shelter. Although mostly unimproved, the park has been
enhanced by small habitat improvement projects and naturescape projects, and hosts several wildlife viewing stations.
Picnic tables and cooking pits are available in the park on a first come-first served basis.
Placing a $50 deposit and signing a user agreement at the Brazos Center office will reserve the picnic shelter. The deposit
is fully refundable if the reserving parry cleans up properly after their event. This means that all trash is to be removed
from the park and placed in the dumpster at the rear of the Brazos Center, the park restroom left in good condition and
litter caused by the event is removed from the park and parking lot. The park restroom key must be returned to the Brazos
Center office.
Brazos County Park rules are as follows; no glass containers, all pets must be on a leash, and no confetti, crepe paper or
water balloons. Park curfew is observed from l Ipm to 5am, no revenue is to be collected from any event on the park
premises and fires are permitted only in cooking pits.
APPROVED:
7
- - RanpKy County Judge date
Interlocal Agreement
Office of General Counsel - Contract Services Section Transmittal Form
473
From: Bryan District
Contact Person: Kirk Bames
(District/Division/Office)
Phone No.: (979) 778-9756
Subject: Peace Officer Enforcement
Other Entity
Contract Maximum Amount Payable
$71,505.00
Are any federal funds used in this contract?
Yes
Is the other party to this contract a county or a city? County _,X City
(A resolution from the Commissioners Court or an ordinance from the City Council must be included
as Attachment D.)
Is this contract worth $1 million or more? Yes No _X_
(If the answer is yes, approval must be obtained by the Contract Advisory Team through the General
Services Division.)
Was the standard interiocal or amendment format modified? Yes No -X
If modified, date of OGC-CSS approval:
Modifications made are as follows:
0 1 P I 94
Contract No
THE STATE OF TEXAS §
THE COUNTY OF TRAVIS §
INTERLOCAL AGREEMENT
THIS CONTRACT is entered into by the Contracting Parties under Government Code, Chapter 791
and Transportation Code, Chapter 201, Section 2.09.
1. CONTRACTING PARTIES:
The Texas Department of Transportation TxDOT
Brazos County Local Government
II. PURPOSE: To provide uniformed, armed peace officers and equipment for law enforcement,
general surveillance, and traffic control.
III. STATEMENT OF SERVICES TO BE PERFORMED: The Local Government will undertake and
cant' out services described in Attachment A, Scope of Services.
IV. CONTRACT PAYMENT: The total amount of this contract shall not exceed $ 71,505.00 and shall
conform to the provisions of Attachment B, Budget. Payments shall be billed monthly.
V. TERM OF CONTRACT: Payment under this contract beyond the end of the current fiscal
biennium is subject to availability of appropriated funds. If funds are not appropriated, this contract
shall be terminated immediately with no liability to either party. This contract begins when fully
executed by both parties and terminates two years from the date that both parties have signed the
agreements or when otherwise terminated as provided in this Agreement.
VI. LEGAL AUTHORITY:
THE PARTIES certify that the services provided under this contract are services that are properly
within the legal authority of the Contracting Parties
The governing body, by resolution or ordinance, dated has authorized the
Local Government to provide the Scope of Services.
This contract incorporates the provisions of Attachment A, Scope of Services, Attachment B,
Budget, Attachment C, General Terms and Conditions, and Attachment D, Resolution or
Ordinance.
TxDOT
Texas Department of Transportation
BY
AUTHORIZED SIGNATURE
Janice Mullenix
Director, Contract Services Section
Office of General Counsel
TYPED OR PRINTED NAME AND TITLE
DATE:
LOCAL GOVERNMENT
NAME OFXQCAL GOVERNMENT
By
r-~Y--
AUTHORIZED SIGNATURE
Randy Sims
County Judge, Brazos County
TYPED OR PRINTED NAME AND TITLE
DATE:
;a~ 1,85
Contract No
ATTACHMENT A
Scope of Services
The Local Government will provide uniformed, armed, peace officers and equipment for law enforcement,
general surveillance, and traffic control for the locations, time periods, and hours to be determined by TxDOT.
The officers on duty will:
1. be in full uniform and armed at all times while on duty;
2. provide law enforcement, general surveillance, and traffic control for the dates, location, and time
periods, as assigned;
3. project as much visibility as possible to the public during the entire scheduled shift through the
presence of marked patrol vehicles and uniformed officers to deter speeding, vandalism, and any other
types of undesirable behavior;
4. continue operations as scheduled during conditions arising from force majeure such as hurricanes,
floods, or other major disasters occurring in other parts of the State, which is subject to the discretion of
the Local Government and the availability of manpower;
5. ensure that transportation of alleged perpetrators will not interfere with the contract responsibilities of
any officers on duty; and
6. perform a radio check and identify himself or herself by name, upon reporting for duty at the designated
location.
The Local Government will:
1. supply equipment and vehicles for officers during their patrol;
2. provide the appropriate number of officers per shift in accordance with the requirements set by TxDOT;
3. be responsible for all complaints against officers;
4. provide TxDOT with a contact name and telephone number of a designated representative to
coordinate schedules, duties, and other items with TxDOT's representative; and
5. appoint a supervising officer to coordinate scheduling and duties to include mitigation of any traffic
control of law enforcement matters with the designated TxDOT representative.
TxDOT will:
1. provide the Local Government with a contact name and telephone number of a designated
representative to coordinate schedules, duties, and other items with the Local Govemment's
representative;
2. establish logging in and reporting procedures for the Local Government to follow; and
3. terminate the contract as outlined in the provisions of Article 6, Attachment C, General Terms and
Conditions, if the Local Government fails to have an officer on duty during TxDOT scheduled work
hours any three times during the 24 month term of service.
Right of Access - If any parry is the owner of any part of the location site needed to perform requested
services, then that party shall permit the other party or their authorized representative access to the site to
perform any activities required to carryout the work.
o V 11 .
Contract No
ATTACHMENT B
Budget
The Local Government will be reimbursed the actual rate paid to the officer based on the following table:
Local Government's Hourly Rates
1[=^
19.91
Basis of Payment
Hours = 4 hrs/day x 7 days/week x 4 weekstmonth = 112 man-hours/month
112 man-hours/month x 12 months x 2 Officers = 2,688 man-hours
Average Hourly Rate x Estimated Number of Hours = $ 22.43 x 2,688 = $ 60,291.00
Mileage = 75 miles per day x $ 0.445 per mile x 336 days = $11,214.00
The Local Government will be responsible for issuing invoices as the work is completed and work reports must
be submitted to TXDOT'S Bryan District Office. Invoice payments shall be made within 30 calendar days of
receipt of a valid invoice. Such payments will be mailed to:
Texas Department of Transportation
Bryan District Office
Attention: Accounts Payable
1300 N. Texas Avenue
Bryan, Texas, 77803-2760
,.;,,I Jq eR„r l87
Contract No
ATTACHMENT C
General Terms and Conditions
Article 1. Additional Work
A. If the Local Government is of the opinion that any assigned work is beyond the scope of this contract and
constitutes additional work, it shall promptly notify TxDOT in writing. The written notice shall present the
relevant facts and show how the work constitutes additional work.
B. If TxDOT in its sole discretion finds that the work does constitute additional work, TxDOT shall so advise
the Local Government and a written amendment will be executed. The Local Government shall not
perform any proposed additional work or incur any additional costs before the execution of an amendment.
C. TxDOT shall not be responsible for actions by the Local Government or for any costs incurred by the Local
Government relating to additional work that is performed before an amendment is executed or that is
outside the scope of the contract, as amended.
Article 2. Amendments
This contract may only be amended by written agreement executed by both parties before the contract is
terminated.
Article 3. Notice to Proceed
If Attachment A requires a notice to proceed, the Local Government shall not proceed with any work or incur
any costs until TxDOT issues a written notice to the Local Government authorizing work to begin. Any costs
incurred by the Local Government before receiving the notice are not eligible for reimbursement.
Article 4. Conflicts Between Agreements
If the terms of this contract conflict with the terms of any other contract between the parties, the most recent
contract shall prevail.
Article 5. Nonconforming Work
If the Local Government submits work that does not comply with the terns of this contract, TxDOT shall
instruct the Local Government to make any revisions that are necessary to bring the work into compliance with
the contract. No additional compensation shall be paid for this work.
Article 6. Termination
This contract terminates at the end of the contract tern, when all services and obligations contained in this
contract have been satisfactorily completed, by mutual written agreement, or 30 days after either party gives
notice to the other party, whichever occurs first. TxDOT shall compensate the Local Government only for
those eligible expenses that are incurred during this contract and that are directly attributable to the completed
portion of the work covered by this contract and only if the work has been completed in a manner satisfactory
and acceptable to TxDOT. The Local Government shall neither incur nor be reimbursed for any new
obligations after the date of termination.
Article 7. Funding
TxDOT shall pay for services from appropriation items or accounts from which like expenditures would
normally be paid. Payments received by the Local Government shall be credited to the current appropriation
items or accounts from which expenditures of that character were originally made. If for any reason
subcontractors and suppliers, if any, are not paid before TxDOT reimburses the Local Government for their
services, the Local Government shall pay the subcontractors and suppliers all undisputed amounts due for
work no more than 10 days after the Local Government receives payment for the work unless a different time
is specified by law. This requirement also applies to all lower-tier subcontractors and suppliers and must be
incorporated in all subcontracts. If the Local Government fails to comply with this Article, TxDOT may withhold
payments and suspend work until the subcontractors and suppliers are paid. The Local Government is
authorized to submit requests for reimbursement no more frequently than monthly and no later than ninety (90)
days after costs are incurred.
tiUL 97 ;"k aZ U
Contract No
Article S. Basis for Calculating Reimbursement Costs
TxDOT will reimburse the Local Government for actual costs incurred in carrying out the services authorized in
Attachment A, Scope of Services, subject to the cost categories and estimated costs set forth in Attachment B,
Budget. TxDOT shall compensate the Local Government for only those eligible expenses incurred during this
contract that are directly attributable to the completed portion of the work covered by this contract, provided
that the work has been completed in a manner satisfactory and acceptable to TxDOT. The Local Government
shall not incur or be reimbursed for any new obligations after the effective date of termination. The Local
Government shall bill TxDOT for actual travel expenses, not to exceed the limits reimbursable under state law.
Out-of-state or out-of-country travel by the Local Government requires prior approval by TxDOT.
Article 9. Gratuities
Any person who is doing business with or who reasonably speaking may do business with TxDOT under this
contract may not make any offer of benefits, gifts, or favors to employees of TxDOT. The only exceptions
allowed are ordinary business lunches and items that have received the advanced written approval of the
Executive Director of the Texas Department of Transportation.
Article 10. Conflict of Interest
The Local Government shall not assign an employee to a project if the employee:
A. owns an interest in or is an officer or employee of a business entity that has or may have a contract with
the state relating to the project;
B. has a direct or indirect financial interest in the outcome of the project;
C. has performed services regarding the subject matter of the project for an entity that has a direct or indirect
financial interest in the outcome of the project or that has or may have a contract with TxDOT; or
D. is a current part-time or full-time employee of TxDOT.
Article 11. Local Government Resources
All employees of the Local Government shall have adequate knowledge and experience to enable them to
perform the duties assigned to them. The Local Government certifies that it currently has adequate qualified
personnel in its employment to perform the work required under this contract or will be able to obtain adequate
qualified personnel from sources other than TxDOT. On receipt of written notice from TxD.OT detailing
supporting factors and evidence, the Local Government shall remove from the project any employee of the
Local Government who is incompetent or whose conduct becomes detrimental to the work. Unless otherwise
speed, the Local Government shall furnish all equipment, materials, supplies, and other resources required
to perform the work.
Article 12. Assignment Subcontracts
A subcontract may not be executed by the Local Government without prior written authorization by TxDOT
Subcontracts in excess of $25,000 shall contain all applicable terms and conditions of this contract. No
subcontract will relieve the Local Government of its responsibility under this contract. Neither party shall
assign any interest in this agreement.
Article 13. Responsibilities of the Parties
Each party acknowledges that it is not an agent, servant, or employee of the other party. Each party is
responsible for its own acts and deeds and for those of its agents, servants, or employees.
Article 14. Disputes
The Local Government shall be responsible for the settlement of all contractual and administrative issues
arising out of procurements entered in support of contract services. TxDOT shall be responsible for the
settlement of any dispute concerning this contract unless the dispute involves a subcontract
Article 15. Records and Ownership
A. The Local Government agrees to maintain all books, documents, papers, accounting records, and other
evidence pertaining to costs at its office during the contract period and for four years from the date of final
payment under the contract or until any impending claims are resolved. These materials shall be made
available for inspection and copying by TxDOT, by the State Auditor's Office, and by their authorized
representatives. If the contract is federally funded, these materials shall also be made available for
Contract No
inspection and copying by the U.S. Department of Transportation, the Office of the Inspector General, and
the Federal Highway Administration.
B. After completion or termination of this contract, all documents prepared by the Local Government or
furnished to the Local Government by TxDOT shall be delivered to and become the property of TxDOT. All
sketches, photographs, calculations, and other data prepared under this contract shall be made available,
on request, to TxDOT without restriction or limitation of further use.
C. TxDOT shall own all title to, all interests in, all rights to, and all intellectual property (including copyrights,
trade and service marks, trade secrets, and patentable devices or methods) arising from or developed
under this contract.
D. Except to the extent that a specific provision of this contract states to the contrary, all equipment purchased
by the Local Government or its subcontractors under this contract shall be owned by TxDOT and will be
delivered to TxDOT at the time the contract is completed or terminated.
E. The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly
under the contract or indirectly through a subcontract under the contract. Acceptance of funds directly
under the contract or indirectly through a subcontract under this contract acts as acceptance of the
authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or
investigation in connection with those funds. An entity that is the subject of an audit or investigation by the
state auditor must provide the state auditor with access to any information the state auditor considers
relevant to the investigation or audit.
Article 16. Reference to Costs Principles and Circulars
Reimbursement with state or federal funds will be limited to costs determined to be reasonable and allowable
under cost principles establish in OMB Circular A-21, "Cost Principles for Educational Institutions," or OMB
Circular A-87, "Cost Principles for State and Local Governments." The parties shall comply with the
requirements of the Single Audit Act of 1984, P. L. 98-502, ensuring that the single audit report includes the
coverage stipulated in OMB Circular A-133.
Article 17. Equal Employment Opportunity
The Local Government agrees to comply with Executive Order 11246, entitled "Equal Employment
Opportunity," as amended by Executive Order 11375 and as supplemented by Department of Labor
regulations, 41 CFR Part 60. The Local Government agrees to consider minority universities for subcontracts
when the opportunity exists. The Local Government warrants that it has developed and has on file appropriate
affirmative action programs as required by applicable rules and regulations of the Secretary of Labor.
Article 1S. Nondiscrimination
A. The Local Government shall comply with the regulations of the U.S. Department of Transportation relating
to nondiscrimination in federally-assisted programs, including 49 CFR, Part 21; 23 CFR, Subchapter C; 41
CFR, Part 60-74 (the Regulations); and with Executive Order 11246, titled "Equal Employment
Opportunity," as amended by Executive Order 11375 and as supplemented in the Department of Labor
Regulations (41 CFR Part 60).
B. The Local Government, with regard to the work performed during this agreement, shall not discriminate on
the basis of race, color, sex, national origin, age, religion, or disability in the selection and retention of
subcontractors, including procurements of materials and leases of equipment.
C. In all solicitations either by competitive bidding or negotiation made by the Local Government for work to be
performed under a subcontract, including procurements of materials and leases of equipment, but not
including routine purchase orders, each potential subcontractor or supplier shall be notified by the Local
Government of the Local Government's obligations under this agreement and the Regulations.
D. The Local Government shall provide all information and reports required by the Regulations and directives
issued under the Regulations and shall permit access to its books, records, accounts, other sources of
information, and facilities as may be determined by the Texas Department of Transportation or the U.S.
Department of Transportation to be pertinent to ascertain compliance with the Regulations or directives. If
qqy information required of the Local Government is in the exclusive possession of another who fails or
refuses to furnish this information, the Local Government shall so certify to the Texas Department of
transportation or the U.S. Department of Transportation, whichever is appropriate, and shall set forth what
efforts the Local Government has made to obtain the requested information.
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Contract No
E. In the event of the Local Government's noncompliance with the nondiscrimination provision of this
agreement, the Texas Department of Transportation shall impose such sanctions as it or the U.S.
Department of Transportation may determine to be appropriate.
F. The Local Government shall include the provisions of paragraphs A through E in every subcontract,
including procurements of materials and leases of equipment, except routine purchase orders, unless
exempt by the Regulations or directives. The Local Government shall take such lawful action with respect
to any subcontract or procurement as the Texas Department of Transportation may direct as a means of
enforcing these provisions, including sanctions for noncompliance. In the event the Local Government
becomes involved in or is threatened with litigation with a subcontractor or supplier as a result of directions
given by TxDOT, the Local Government may request the Texas Department of Transportation to enter into
the litigation to protect the interests of the State. In addition, the Local Government may request the United
States to enter into litigation to protect the interests of the United States.
Article 19. Compliance with Laws
The parties shall comply with all federal, state, and local laws, statutes, ordinances, rules, and regulations and
with the orders and decrees of any courts or administrative bodies or tribunals in any manner affecting the
performance of this agreement. After receiving a written request from TxDOT, the Local Government shall
furnish TxDOT with satisfactory proof of its compliance with this Article.
Article 20. Cost Principles
The parties shall comply with the cost principles established in OMB Circular A-87.
Article 21. Procurement and Property Management Standards
The parties shall adhere to the procurement standard established in 49 CFR §18.36 and with the property
management standard established in 49 CFR §18.32.
Article 22. Office of Management and Budget (OMB) Audit Requirements
The parties shall comply with the requirements of the Single Audit Act of 1984, P.L. 98-502, ensuring that the
single audit report includes the coverage stipulated in OMB Circular A-133.
Article 23. Disadvantaged Business Enterprise Program Requirements
The parties shall comply with the Disadvantaged/Minority Business Enterprise Program requirements
established in 49 CFR Part 26. The Local Government's program is subject to approval by TxDOT.
Article 24. Debarment Certifications
The parties are prohibited from making any award at any her to any party that is debarred or suspended or
otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order
12549, "Debarment and Suspension." The parties to this contract shall require any party to a subcontract or
purchase order awarded under this contract to certify its eligibility to receive federal funds and, when requested
by TxDOT, to furnish a copy of the certification in accordance with Title 49 CFR Part 29 (Debarment and
Suspension).
Article 25. Lobbying Certtfication
In executing this agreement, each signatory certifies that
a. No federal appropriated funds have been paid or will be paid by or on behalf of the parties to any
person for influencing or attempting to influence an officer or employee of any federal agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any federal contract, the making of any federal grant, the making of
any federal loan, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
b. If any funds other than federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with federal
contracts, grants, loans, or cooperative agreements, the signatory for the Developer shall complete and
submit the federal Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its
instructions.
Contract No
c. The parties shall require that the language of this certification be included in the award documents for
all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and
cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
By executing this agreement, the parties affirm this lobbying certificabon with respect to the Project and
affirm this certification of the material representation of facts upon which reliance will be made. Submission
of this certification is a prerequisite for making or entering into this transaction imposed by Title 31 U.S.C.
§1352.
Any person who fails to file the required certification shall be subject to a civil penalty of not less than
$10,000 and not more than $100,000 for each such failure.]
Article 26. Signatory Warranty
Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of the
entity represented.
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Contract No
Attachment D
Resolution or Ordinance
~R3
l
DSHS DOCUMENT NUMBER: 5375375371 *2008Z-01
STATE OF TEXAS
COUNTY OF TRAVIS
This CONTRACT and AGREEMENT by and between the Department of State Health Services,
Bureau of Vital Statistics, hereinafter referred to as PERFORMING AGENCY, and acting through its
Chief, Bureau of Financial Services, and BRAZOS COUNTY, hereinafter referred to as
RECEIVING AGENCY, is as follows:
1. SCOPE OF WORK:
PERFORMING AGENCY agrees to provide on-line computer services in support of RECEIVING
AGENCY from 7:00 a.m. to 6:00 p.m. Monday thru Friday, except holidays. In the event of an
emergency or computer application error, PERFORMING AGENCY may temporarily suspend
services without advance notice.
RECEIVING AGENCY will search PERFORMING AGENCY databases, locate data, and issue
Certifications of Vital Records to authorized individuals requesting such data. The certifications will
be in a format formally approved by PERFORMING AGENCY. No limit will be established on the
number of searches per month not resulting in issuance of a certification, provided the number is
reasonable.
RECEIVING AGENCY will acquire the necessary data processing equipment, communications,
hardware or software, and purchase "bank note" paper, as specified by the PERFORMING
AGENCY. PERFORMING AGENCY will assist in connection of the equipment, furnish software
program and provide technical assistance, if necessary.
RECEIVING AGENCY acknowledges that records may not be located in the searching process
instituted by RECEIVING AGENCY or records which are located mayhave errors due to:
A) normal key-entry errors in spellings;
B) accidental failure on the part of the PERFORMING AGENCY to update a file
for an amendment or paternity determination; and
C) the event year does not exist on the system.
RECEIVING AGENCY will notify PERFORMING AGENCY in writing, at least monthly of errors
or suspected errors that exist on the data base information.
RECEIVING AGENCY is to maintain an inventory control and account for each document produced
on "bank note" paper, including voided documents.
g7I` Iq4
RECEIVING AGENCY is responsible for maintaining a system of vital record keeping that is in
accordance with Chapters 191 through 195 of the Health and Safety Code and the regulations adopted
thereunder.
II. LEGAL AUTHORITY TO CONTRACT
Chapter 12, Health and Safety Code.
III. TERM
The term of this AGREEMENT is to begin September 01, 2006 and shall remain in effect until
August 31, 2008.
IV. COMPENSATION
RECEIVING AGENCY agrees to reimburse PERFORMING AGENCY $1.83 (One Dollar and
83/100) for each Certification of Vital Record printed as a result of searches of the database.
RECEIVING AGENCY agrees to charge the same base search fee for a birth certificate as the
PERFORMING AGENCY. Additional fees may only be charged as authorized by Texas Health and
Safety Code 191.
A monthly itemized billing showing the number of transactions by date will be submitted to
RECEIVING AGENCY by PERFORMING AGENCY and payment will be made no later than thirty
(30) days following the billing date. Payment will be considered made on the date postmarked.
V. CONFIDENTIALITY
RECEIVING AGENCY will maintain sufficient safeguards to prevent release or disclosure of any
information obtained hereunder to anyone other than RECEIVING AGENCY employee(s) or those
who have an official need for the information and are authorized to receive such records.
RECEIVING AGENCY further agrees records obtained and issued, as specified under this contract,
will be used for purposes as herein set out and the use of these records or data for other purposes
must be agreed to in writing by both parties.
VI. SECURITY
RECEIVING AGENCY agrees to implement all reasonable and necessary procedures to ensure that
only authorized users will have access and will notify DSHS immediately should it detect a security
violation by one of its employees or any other person. RECEIVING AGENCY is responsible for
insuring that authorized RECEIVING AGENCY employee(s) use only their own individual
passwords while logged into PERFORMING AGENCY'S on-line computer applications.
PERFORMING AGENCY will inactivate any individual who does not use their account for ninety
(90) days. RECEIVING AGENCY shall notify PERFORMING AGENCY of all branch locations.
2
0 1 q 's
VII. INSPECTIONS
RECEIVING AGENCY shall permit authorized PERFORMING AGENCY personnel, during normal
working hours, to conduct site visits and review such records as needed to ascertain compliance with
the terms of this contract.
VIII. VOIDED RECORDS
PERFORMING AGENCY will handle credit requests for voided records due to mistakes or errors on
a case-by-case basis. Credit requests may be considered in those cases of emergency situations, i.e.,
equipment and systems failure or inclement weather. RECEIVING AGENCY shall submit these
requests in writing along with pertinent documentation to provide a justification to the State Registrar
and/or designee for approval. PERFORMING AGENCY will provide written documentation to the
RECEIVING AGENCY on the status of the approval of credit requests.
RECEIVING AGENCY must notify PERFORMING AGENCY'S Security Manager in writing to
clear voided records from the remote access system's customer lifetime counts.
IX. TERMINATION
This contract may be terminated either by mutual agreement of the parties or by either party upon the
giving of sixty (60) days written notice to the other party. RECEIVING AGENCY agrees to pay
PERFORMING AGENCY for all services completed prior to the effective date of such termination.
PERFORMING AGENCY may immediately suspend this agreement upon reasonable suspicion that
terms of this agreement have been violated by the RECEIVING AGENCY or one of its employees.
If, after investigation it is concluded that a violation of this agreement has occurred, PERFORMING
AGENCY may terminate this agreement without further notice.
X. SEVERABILITY
If any provision of this contract will be construed to be illegal or invalid, this will not affect the
legality or validity of any of the other provisions hereof. The illegal or invalid provision will be
deemed stricken and deleted herefrom to the same extent and effect as if never incorporated herein,
but all other provisions will continue.
XI. FUNDING
This contract is contingent upon the availability of funding. PERFORMING AGENCY may amend
or terminate all or any part of this contract if available funds become reduced, depleted, or
unavailable during the term of this contract. RECEIVING AGENCY will have no right of action
against the State of Texas or the PERFORMING AGENCY in the event that PERFORMING
AGENCY is unable to fulfill its obligations under this contract as a result of the suspension,
termination, withdrawal, or failure of funding to PERFORMING AGENCY or lack of sufficient
funding of PERFORMING AGENCY for any Attachment(s) to this contract. If funds become
unavailable, provisions of the Termination Article will apply.
3
~~HIJE_t 9l~
EXECUTED IN DUPLICATE ORIGINALS ON THE DATES INDICATED.
RECEIVING AGENCY
BRAZOS COUNTY
PERFORMING AGENCY
DEPARTMENT OF STATE HEALTH
SERVICES
By
By:
Bob Burnette, Director
Client Services Contracting Unit
/"3~~ 61L A -
(Title)
Date: `ow
Date:
Recommended by:
(Name and Title)
APPROVED AS TO FORM:
By:
(Name and Title)
Pct . Ca..b.AM,.~ .
VID 35375375371000
DSHS DOCUMENT NUMBER: 5375375371 *2008Z-01
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