Loading...
HomeMy WebLinkAbout2007-03-13-9:00AM-REGULARBRAZOS COUNTY BRYAN,TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON 13 MARCH 2007 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM OF THE BRAZOS COUNTY COURTHOUSE, 300 E. 26TH STREET, SUITE 115, BRYAN, TEXAS. 1. Invocation and Pledge of Allegiance — Commissioner Cauley. 2. Call for citizen's input and/or concerns. Consider and take action on agenda items 3 — 23: 3. Personnel Change of Status. 4. Payment of Claims. 5. Proclamation 07 -026 declaring 18 -24 March 2007 as National Agriculture Week in Brazos County in recognition of our farmers, ranchers and their families. 6. Proclamation 07 -027 declaring 14 April 2007 as Don't Mess With Texas Trash -Off Day, and urging all citizens to participate in this important event. 7. Appointment of Cathy Liles to the Brazos Valley Community Action Agency Board of Directors, effective immediately. 8. Appointment of the following individuals to the Homeland Security Advisory Committee: a. Mike Donoho, Fire Chief, City of Bryan b. Freddie Komar, Asst. Chief, Bryan Police Department c. Jerry Henry, Emergency Management Coordinator, City of Bryan Office of the County Judge • 300 East 26'" St. /n�• Suite 114 22 .�BBryan, Texas 77803 • Fax: (979) 361 -4503 Vill qa PACE 13:l Commissioners Court Agenda 13 March 2007 Page 2 9. Agreement with the Governor's Division of Emergency Management for a Hazardous Materials Emergency Preparedness planning grant to conduct a hazmat public information outreach program. 10. Purchase of approximately 5.21 acres located in Brazos County, Precinct 2, and the issuance of three checks for (1) earnest money $20.00, (2) independent contract consideration $50.00, and (3) purchase price of $11,500 per acre plus closing. 11. Maintenance and Extended Service Agreement with InterStor Design Associates, Inc. for the mobile filing/storage system located at the Brazos County Detention Center. Term of agreement is 5/25/07 to 5/25/08. 12. Out of state travel for Dr. Ekpe Okorafor to attend a Hewlett- Packard training course in Chicago, Illinois for the I.T. Department. Dates of travel are 29 April — 7 May 2007. 13. Tax Refund Applications for the following: a. Axxa, Inc. b. Frankie & Katherine Benford c. Cashion Family Limited Partnership d. Ethyl Burgess Cashion Life Insurance Trust UTD e. DM &R Properties, LLC f. Dinning Family Revocable Living Trust g. Earl Gray Law Firm h. Richard D. Eicher TTEE i. Robert Leon Grabowski j. Richard & Mary Huey k. JCL Properties 1. Marvin F. Kolinek, Jr. m. Mary Lake- Nguyen Family Trust n. Joseph R. & Joyce A. Tippett o. Alton Sr. & Charity Walton p. Gloria V. White 14. Capital requisitions for purchase of the following equipment for the Exposition Center: Company a. Motorola b. Wylie Manufacturing Co. c. Tennant Sales & Service Co. d. John Deere Company e. UV Country Item Purchased Amount Radio Equipment $ 20,780.07 Water Wagon 5,925.00 Floor Scrubbers 20,689.97 Utility Tractor 41,460.18 Kawasaki Mules (2) 17,400.00 15. Permission to award the annual Carpet Cleaning contract to the Steamery, Inc. Contract term is 3/15/07 through 3/14/08, with renewal options for two additional years. 16. Energy Transfer's cost estimate of $67,315.00 to relocate approximately 1,785 feet of 6 inch gas pipeline at the County's request on Hopes Creek Road to accommodate a road widening project. Site is located in Precinct 1. 17. Bryan Texas Utilities' cost estimate of $7,334.59 to relocate an overhead electrical line at the County's request on Hopes Creek Road to accommodate a road widening project. Site is located in Precinct 1. VOL qd, PACE 133 Commissioners Court Agenda 13 March 2007 Page 3 18. Request from Wickson Creek Special Utility District to construct a road bore for water line installations in the right of way of Riley Road approximately 0.3 mile from its intersection with Grassbur Road. Site is located in Precinct 2. 19. Payment authorization in the amount of $363.38 to Kinko's for the District Attorney's Office. A purchase order was not obtained in advance. 20. Payment authorization in the amount of $374.15 to Ritz Camera for photo developing services for the District Attorney's Office. A purchase order was not obtained in advance. 21. Payment authorization in the amount of $2000.00 for testimony by Dr. Kimberly D. Molina in the trial State v. Willie Davis. A purchase order was not obtained in advance. 22. Payment authorization in the amount of $200.00 for court interpreter services provided by Mrs. Aida Luna in the trial State v. Willie Davis. A purchase order was not obtained in advance. 23. Payment authorization in the amount of $225.00 to All Star Performance Horses for a horse appraisal in the case State v. Kenneth Peterson and Walter Williams. A purchase order was not obtained in advance. 24. Acknowledgement of the 2006 Racial Profiling Statistics Report for the Texas A &M University Police Department. 25. Acknowledgement of the Monthly Reports submitted in February 2007. These reports are available for review in the County Judge's Office. 26. Announcement of interest items and possible future agenda topics. 27. Call for citizen input and/or concerns. 28. Agency / Board / Committee reports by Court members. 29. 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. E'OLqA, PAGE ) 3f COMMISSIONERS' COURT REGULAR MEETING MARCH 13, 2007 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, March 13, 2007 with the following members of the Court present: Randy Sims, County Judge, Presiding; Lloyd Wassermann, Commissioner of Precinct 1, Absent; Duane Peters, Commissioner of Precinct 2; Kenny Mallard, Commissioner of Precinct 3; Carey Cauley, Jr., Commissioner of Precinct 9; Karen McQueen, County Clerk, Absent. 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. There was no citizen input /and or concerns. The Court proceeded to consider the change of status of employees as submitted on the attached Personnel Action Requests. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the changes as submitted. Vol Q°1 Page t 35 Commissioners Court meeting March 13, 2007 2 The Court next considered the following Claims as submitted by the County Treasurer for payment: 7028976 through 7029236 On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to approve the Claims as submitted. The County Judge read aloud Proclamation #07 -026 designating the week of March 18 through 24, 2007 as "National Agriculture Week ". The Court joins with the State Agriculture Commissioner in urging everyone to learn more about the role of agriculture and recognizing the farmers, ranchers and their families who contribute so much to this county, state, nation and the world. On motion by the County Judge, seconded by Commissioners Peters, Mallard, and Cauley the Court voted unanimously to proclaim the week of March 18 through 24, 2007 as "National Agriculture Week" throughout Brazos County. The County Judge read aloud Proclamation #07 -027 designating Saturday, April 14, 2007 as "Don't Mess With Texas Trash -off Day ". The Court joins with the mayors of the cities of Bryan and College Station to further Keep Brazos Beautiful's mission to educate and engage Brazos County citizens in keeping our community clean, green and beautiful. On motion by the County Judge, seconded by Commissioners Vol q R Page Commissioners Court meeting March 13, 2007 3 Peters, Mallard, and Cauley, the Court voted unanimously to proclaim Saturday, April 14, 2007 as "Don't Mess With Texas Trash -off Day" throughout Brazos County. The next matter before the Court was the appointment of an individual to serve on the Brazos Valley Community Action Agency Board of Directors. On motion by Commissioner Mallard, seconded by Commissioner Peters, the Court voted unanimously to appoint Cathy Liles to serve on the Brazos Valley Community Action Agency Board of Directors effective immediately. The Court next considered the appointment of three (3) individuals to serve on the Homeland Security Advisory Committee. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to appoint the following individuals to serve on the committee: a. Mike Donoho, Fire Chief, City of Bryan b. Freddie Komar, Asst. Chief, Bryan Police Department c. Jerry Henry, Emergency Management Coordinator, City of Bryan. The appointment of College Station representatives will be on next week's agenda. The next matter before the Court was consideration of an Agreement with the Governor's Division of Emergency Management for Hazardous Materials Emergency Preparedness Planning to conduct a Hazmat Public Information Outreach Program with grant funds received from that agency. The project will be Vol C1 a Page 137 Commissioners Court meeting March 13, 2007 4 used to educate the general public on recognizing the emergency notification system and either sheltering -in -place or evacuating as needed. This is an 80°%/20% grant with Brazos County receiving $3,400.00 in funds from the state and the County will provide a cash or soft match of at least $850.00. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the agreement. A copy is attached. The Court next considered the purchase of approximately 5.21 acres located in Brazos County, Precinct 2, and the issuance of three checks; one in the amount of $20 for earnest money, a second in the amount of $50.00 for the independent contract consideration and the third in the amount of the purchase price of $11,500 per acre plus closing. The property is owned by David L. and Carla A. Schuster. Demetrios Basdekas asked for identification of the property. Richard Vance, county engineer answered that it was on Ferrill Creek Road off of FM 974 and it would be used to store materials for the Road and Bridge Department. On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to approve the purchase of the 5.21 acres. A copy of the earnest money contract is attached. Vol C1 r. Page i 39 Commissioners Court meeting March 13, 2007 5 The next matter before the Court was consideration of a Maintenance and Extended Service Agreement with InterStor Design Associates, Inc. for the mobile filing /storage system located at the Brazos County Detention Center. The term is from May 25, 2007 to May 25, 2008 with a cost of $225.00. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the Agreement with InterStor. A copy is attached. The next matter for consideration by the Court was a request submitted by the Director of the Information Technology Department (IT) for approval of out of state travel for Dr. Ekpe Okorafor to attend training in Chicago Illinois April 28 through May 7, 2007. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to grant the request from the Director of the Information Technology Department (IT)and approved payment of out of state travel expense for Dr. Ekpe Okorafor. The next matter for consideration was approval of tax refund applications from the following individuals and /or companies: a. Axxa, Inc., Over Payment $9.98 b. Frankie & Katherine Benford, Over Payment $78.36 c. Cashion Family Limited Partnership, Over Payment $193.11 d. Ethyl Burgess Cashion Life Insurance Trust UTD, Over Vol qd., Page 1361 Commissioners Court meeting March 13, 2007 Payment $48.79 e. DM &R Properties, LLC, Over Payment $1,000.00 f. Dinning Family Revocable Living Trust, Over Payment $106.84 g. Earl Gray Law Firm, Over Payment $102.05 h. Richard D. Eicher TTEE, Over Payment $10.00 i. Robert Leon Grabowski, Over Payment $350.01 j. Richard & Mary Huey, Over Payment $79.97 k. JCL Properties, Over Payment $2,158.94 1. Marvin F. Kolinek, Jr., Over Payment $240.49 m. Mary Lake - Nguyen Family Trust, Over Payment $140.65 n. Joseph R. & Joyce A. Tippett, Over Payment $29.41 o. Alton Sr. & Charity Walton, Over Payment $624.98 p. Gloria V. White, Over Payment $50.00 0 On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to approve the tax refund applications. The Court next considered the following capital requisition for the purchase of equipment for the Exposition Center: a. Motorola Radio Equipment $20,780.07 b. Wylie Manufacturing Water Wagon 5,925.00 c. Tennant Sales & Serv. Floor Scubbers 20,689.97 d. John Deere Co. Utility Tractor 41,460.18 e. UV Country Kawasaki Mules (2) 17,400.00 On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the above noted requisitions. The next matter before the Court was the annual contract for carpet cleaning. Marcia Mann, Senior Buyer, recommended awarding the contract to The Steamery, Inc. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Vol q 9� - Page 140 Commissioners Court meeting March 13, 2007 7 Court voted unanimously to accept the recommendation of the Senior Buyer and award the contract to the Steamery, Inc. A copy of the bid tabulation is attached. The Court next considered acceptance of Energy Transfer's cost estimate of $67,315.00 for relocation of approximately 1,785 feet of 6 inch gas pipeline on Hopes Creek Road in Precinct 1 to accommodate road widening. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to accept Transfer's cost estimate of $67,315.00 for relocation of approximately 1,785 feet of 6 inch gas pipeline on Hopes Creek Road. The Court next considered acceptance of Bryan Texas Utilities' cost estimate of $7,334.59 for relocation of an overhead electrical line on Hopes Creek Road in Precinct 1 to accommodate road widening. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to accept Bryan Texas Utilities' cost estimate of $7,334.59 for relocation of an overhead electrical line on Hopes Creek Road. The Court next considered the request from Wickson Special Utility District to construct a road bore for waterline installations in the right -of -way of Riley Road approximately 0.3 mile from its intersection with Grassbur Vol Q oe�,_ Page 10 Commissioners Court meeting March 13, 2007 8 Road. The site is located in Precinct 2. The County Engineer stated that all appeared to be in order and recommended approval. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the request from Wickson Special Utility District and authorized the installation. A copy of the request is attached hereto. The Court next considered approval of a payment authorization in the amount of $363.38 to Kinkos for the District Attorney's Office. A purchase order was not obtained in advance. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the payment authorization. The Court next considered approval of a payment authorization in the amount of $374.15 to Ritz Camera for photo developing services for the District Attorney's Office. A purchase order was not obtained in advance. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the payment authorization. The Court next considered approval of a payment authorization in the amount of $2,000.00 to Dr. Kimberly D. Molina for testimony in a murder case prosecuted by the District Attorney's Office. A purchase order was not obtained Vol Q a Page I Ii It Commissioners Court meeting March 13, 2007 9 in advance. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the payment authorization. The Court next considered approval of a payment authorization in the amount of $200.00 to Aida Luna for Court Interpreter services in a murder case prosecuted by the District Attorney's Office. A purchase order was not obtained in advance. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the payment authorization. The Court next considered approval of a payment authorization in the amount of $225.00 to All Star Performance Horses for horse appraisal in a case prosecuted by the District Attorney's Office. A purchase order was not obtained in advance. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the payment authorization. The Court acknowledged receipt of the 2006 Racial Profiling Statistics Report for the Texas A &M University Police Department. The Court acknowledged receipt of the Extension Service reports for November, December 2006 and January, February 2007 and acknowledged receipt of reports from the following County Vol Page 143 Commissioners Court meeting March 13, 2007 10 and Precinct Offices showing revenues collected and remitted to the County Treasurer: County Clerk District Clerk Justice of the Peace Precinct 1 Justice of the Peace Precinct 2, Place 1 Justice of the Peace Precinct 2, Place 2 Justice of the Peace Precinct 3 Justice of the Peace Precinct 4 Constable Precinct 1 Constable Precinct 2 Constable Precinct 3 Constable Precinct 4 Brazos County Events Facilities Road & Bridge Sheriff A copy of the Officials' reports can be viewed in the County Auditor's office. Under announcement of interest items and possible future agenda topics the following spoke: County Judge a) Reminded the Court that there is a Public Hearing scheduled at 10:00 a.m. on the setting of speed limits in North Country Estates. Under citizen input and /or concerns, the following spoke: Sheriff a) He informed the Court that the jail population last night was 546 and at maximum capacity. Vol q P'� Page ( 44 Commissioners Court meeting March 13, 2007 11 Under Agency /Board /Committee reports by Court members, the following spoke: Commissioner Mallard a) Last week at the CUC meeting he received a packet on bills they are tracking. The big topic was redactions the County Clerk is having to do with social security numbers. Also discussed GASB requiring retirement money be set aside. This could affect bond performance ratings if counties don't do this. There being no further business to come before the Court, the meeting was adjourned. Vol q R Page 14 5 The foregoing minutes of the Commissioners Court Public Hearing held March 13, 2007 have been examined and are approved in open Court this the &— day of a 20 07, in Bryan, Brazos County, Texas. Duane Peters Commissioner, Precinct No. 2 Carey C uley, Jr. Commis oner, Precinct No. 4 Attest: / IC Karen McQueen County Clerk Lloyd 'Wassermann Commissioner, Precinct No. 1 Kenny Mal a d Commissioner, Precinct No. 3 Vol q 0 Page 144? Pg_of BRAZOS COUNTY COMMISSIONER'S COURT DAY OF %Yla f , 20e Q c AMMM,_ Name Organization (PLEASE PRINT) V,�5 =7" �C O VOLgA_PKCEJ_V Pg -of _ BRAZOSCOUNTY COMMISSIONER'S COURT Owe) Name 2007 Organization VOL�PAGE I' PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: March 13, 2007 Department Submitting Information: Human Resources )ose of Submissions: Consider and Take Action on Chan Department Submitting Employee Request Action Requested Request(s) Applies To County Attorney County Clerk SO /Jail Approved in Commissioners' Court: County Judge's or Commissioner's S (This Copy to be attached to minutes; Anderson, Justin Davis, William King, Betty Boxley, Ahnjayla New Hire New Hire New Hire Transfer within Dept. VOL qa Phu E C V STATE OF TEXAS COUNTY OF IIIZZANI Page 1 of 22 Contract Number 07 -DEM -LEPC- 1 AGREEMENT FOR HAZARDOUS MATERIALS EMERGENCY PREPAREDNESS PLANNING GRANT PARTIES Pursuant to the authority of TEXAS GOVERNMENT CODE §§ 418.043 and 418.044 and /or § 791.011, this agreement for a Hazardous Materials Emergency Preparedness Planning grant is made by and between the State of Texas, acting by and through the Texas Department of Public Safety, Governor's Division of Emergency Management, hereinafter called the "STATE," and Brazos County hereinafter referred to as the "COUNTY," serving as a fiscal agent for the Brazos County Local Emergency Planning Committee (LEPC). WITNESSETH WHEREAS, the STATE has no programmed resources to implement this requirement of federal law; and WHEREAS, the STATE will receive funds from the United States Department of Transportation to accomplish the tasks detailed in this agreement. AGREEMENT NOW, THEREFORE, the STATE and the COUNTY in consideration of the mutual covenants and agreements contained herein, do mutually agree as follows: The COUNTY agrees to perform hazardous materials emergency preparedness planning activities in connection with the project as stated in the Articles to follow and outlined hereafter, and for having rendered such services, the STATE agrees to pay to the COUNTY compensation for these services as set out in this agreement. All services performed under this agreement shall be performed under the supervision of the State Coordinator, Governor's Division' of Emergency Management (GDEM), represented by the Hazardous Materials Training Officer as the STATE project officer. - .1 as 156 Page 2 of 22 1. CONTRACT PERIOD This agreement shall become effective upon the date of final execution by the STATE and shall be completed by August 31, 2007 unless terminated in a manner defined herein. 2. SERVICES TO BE PROVIDED BY THE COUNTY The COUNTY shall: A. Complete the following project: This project will be used to educate the general public on recognizing the emergency notification system and either sheltering -in -place or evacuating as needed. Brazos County will produce Public Service Announcements (PSA's) in English and Spanish to convey the message across radio and TV media. B. Provide the STATE the following deliverables: 1) Monthly progress reports as outlined in Section 6 below. 2) Monthly financial reports as outlined in Section 6 below. 3) A final project report as outlined in Section 6 below, together with a copy of public education products. 4) A copy of any contract between Brazos County and any vendor for products or services related to the project as stated in Section 2 above. 3. SERVICES TO BE PROVIDED BY THE STATE The STATE shall provide planning assistance to the COUNTY in the form of guidance so the COUNTY can timely complete the deliverables listed above. 4. COMPENSATION AND METHOD OF PAYMENT A. The estimated total approved cost of the project which is the subject of this grant is: Four thousand two hundred and fifty dollars ($4.250.00) & The maximum amount payable by the STATE under this agreement is: Three thousand four hundred dollars ($3,400.00) C. The COUNTY shall provide a cash or soft match of at least 20% of the total project cost or at least: Eight hundred fifty dollars ($850.00) VJ'L q'd, PAGE G51 Page 3 of 22 The soft match may include any of the following expenses that are reasonable, allowable and allocable to the project. 1) Salaries, fringe benefits, per diem, housing, or travel expenses incurred by any person other than a government employee while attending training classes or involved in program activities. 2) Private contributions such as corporate contributions of facilities or services such as free classroom space. 3) Voluntary contributions such as firefighter support, emergency personnel support, and the time of any LEPC member. 4) Equipment or facilities used for exercises, whether public or private. 5) Facility space necessary to conduct activities for the grant program. 6) University students volunteering time to aid in collection of data. D. To receive reimbursement for allowable costs, the COUNTY shall submit as attachments to the monthly financial report an original and four copies of all invoices or receipts along with copies of canceled checks or other proof of payment for each invoice or receipt to the STATE for expenses paid by the COUNTY during the month covered by the report. E. The COUNTY shall furnish all equipment, materials and supplies required to perform the project, which is the subject of this grant. F. All payments to the COUNTY shall be made when the COUNTY, and a valid invoice or receipt pays expenses and proof of payment for each expense is submitted to the STATE. The total amount of the grant will be paid when all deliverables have been received and paid for by the COUNTY. G. The STATE shall make payment to the COUNTY within thirty (30) days from receipt of the COUNTY's reimbursable expenses, provided the request for payment is properly prepared, executed, and documented. H. The COUNTY agrees to spend the average of the COUNTY's Local Emergency Planning Committee expenditure for planning activities for the past two years, in addition to the COUNTY's twenty percent (20 %) cost match for this grant. CO3 �- 1..:141502 Page 4 of 22 5. INITIATION OF PROJECT WORK The COUNTY shall not begin the work outlined herein until final execution of this agreement by the STATE. 6. INSPECTION OF WORK AND PROGRESS REPORTING A. The COUNTY shall, from time to time during progress of the work defined herein, confer with the STATE. The STATE's project officer has the right to inspect work being performed pursuant to this agreement in a manner that will not unduly delay the work. The COUNTY shall prepare and present such information and data as may be pertinent and necessary or as may be requested by the STATE in order to evaluate the progress of the work to be performed by the COUNTY. B. The COUNTY's project officer shall render required reports to the STATE's project officer, including: 1) Commencing with March 2007, monthly progress reports in the format outlined in Attachment 1 to this agreement. Reports should be dispatched not later than the 20th of the month following that which the progress report covers. 2) Commencing with March 2007, monthly financial reports, with supporting documentation, in the format outlined in Attachment 2 to this agreement. Reports should be mailed not later than the 20th of the month following that which the financial report covers. 3) Not later than September 15. 2007, a final project report, which shall summarize the work, performed on the project and accomplishments and a final financial report with all remaining invoices for reimbursement, supported by appropriate documentation of expenses. Monthly progress reports and the final project report may be submitted by mail, facsimile, or e-mail. Financial reports, which require original supporting documentation, and the final project report must be sent by mail or courier. 7. TERMINATION A. This agreement may be terminated by any of the following conditions: 1) By mutual agreement and consent of both parties. 2) By the STATE upon written notice to the COUNTY as consequence of the COUNTY's failure to perform the services herein in a satisfactory manner and within the limits provided, with proper allowances being made for circumstances beyond the control of the COUNTY as determined in good faith and reasonable business judgment by the STATE. 4�L -1A r: u,: 153 Page 5 of 22 3. By the STATE for reasons of it's own and not subject to the mutual consent of the COUNTY upon not less than ten (10) days written notice to the COUNTY. 4. By satisfactory completion of all services and obligations described herein. B. Should the STATE terminate this agreement as herein provided, no expenses except those due and payable at the time of termination shall thereafter be paid to the COUNTY. Payment for the work at the time of termination shall be based upon work completed at that time. C. The termination of this agreement and payment of any amount in the settlement as prescribed herein shall extinguish all rights, duties, obligations and liabilities of the STATE and the COUNTY under this agreement. 8. DISPUTES The COUNTY shall be responsible for the settlement of all contractual and administrative issues arising out of procurement made by the COUNTY in support of this grant program. Any disputes concerning the work or obligations defined herein or additional costs, or any non - procurement issues shall be settled at the sole discretion of the Department of Public Safety. 9. INDEMNIFICATION To the extent authorized by the Constitution and Laws of the State of Texas the COUNTY shall indemnify and hold harmless the STATE, its officers and employees from all third party claims for injury to, or death of, persons and damage to, or loss of, physical property directly due to activities of itself, its agents, contractors, officers or employees, performed under this agreement and which result from the negligence or willful misconduct of the COUNTY or of any person employee by the COUNTY. The COUNTY shall also indemnify and hold harmless the STATE, its officers and employees from any and all expenses, including attorney fees, which might be incurred by the STATE, its officers and employees as a result of such activities by the COUNTY, its agents, contractors, officers and employees. 10. COMPLIANCE WITH LAWS The COUNTY shall comply with all federal, state and local laws, statutes, ordinances, rules, regulations, and the orders and decrees of any court, or administrative bodies or tribunals in any manner affecting the performance of this agreement. Page 6 Of 22 11. ASSURANCES The COUNTY assures that no person shall, on the grounds of race, creed, color, handicap, national origin, gender, political affiliation or beliefs, be excluded from, be denied benefit of, or be subject to discrimination under any program or activity funded in whole or in part under this agreement. Incorporated by reference the same as if specifically written herein are rules, regulations, and all other requirements imposed by law, including but not limited to compliance with those pertinent rules and regulations of the State of Texas and those of United States agencies providing funds to the State of Texas. 12. AUDIT REQUIREMENTS The COUNTY hereby agrees to comply with the requirements specified in the Single Audit Act, 31 U.S.C. §§ 7500 at seq. (Supp.1999) (Public Law 104 -156), as applicable. 13. WRITTEN MODIFICATION No modification or amendment to this Agreement shall become valid unless in writing and signed by both parties. 14. EQUAL EMPLOYMENT OPPORTUNITY The Grantee agrees to comply with all provisions of Executive Order No. 11246 (September 24, 1965), and of the rules, regulations, and relevant Orders of the Secretary of Labor. 15. RIGHTS IN DATA A. The term "subject data" as used in this agreement means recorded information, whether or not copyrighted, that is delivered or specified to be delivered under this Agreement. The term includes graphic or pictorial delineations in media such as drawings or photographs; audio - visual recordings such as films or videotapes; text in specifications or related performance or design -type documents; machine forms such as punched cards, magnetic tape, or computer memory printouts; and information retained in computer memory. 1) Examples of "subject data" include, but are not limited to: engineering drawings and associated' lists; specifications; standards; process sheets; manuals; technical reports; catalog item identifications; and related information. 2) The term does not include financial reports, costs analysis, and similar information incidental to program administration. B. With respect to all subject data first produced in the performance of this t. ls'r,u E6 Page 7 of 22 Agreement, DOT reserves a royalty -free, non - exclusive and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for Federal Government purposes: 1) Any work developed under the grant, sub - grant, or third party contract, irrespective of whether or not a copyright has been obtained; and 2) Any rights of copyright to which the Grantee, sub - grantee, or third -party contractor purchases ownership with DOT assistance. C. When DOT provides assistance to a Grantee for a program involving emergency planning and training, it is DOT's intent to increase the body of transportation knowledge, rather than to limit the benefit of the program to the parties to the agreement. Therefore, the Grantee that has received assistance to support research, financed under the Federal Hazardous Materials Transportation Law (49 U.S.C. Section 5101 et. seq.), understands and agrees that, in addition to the rights set forth in sub - section 15.8 of this Agreement, DOT may make available to any DOT Grantee, sub - grantee, sub - recipient, third -party contractor, or third party subcontractor, either DOT's license in the copyright to the "subject data" derived under this agreement. D. The Grantee must indemnify, save and hold harmless DOT, officers, agents, and employees acting within the scope of their official duties against any liability, including costs and expenses, resulting form any willful or intentional violation by the Grantee of proprietary rights, copyrights, or right of privacy, arising out of the publication, translation, reproduction, delivery, use, or disposition of any data furnished under this agreement. E. Nothing contained in this clause implies a license to DOT under any patent or can be construed as affecting the scope of any license or other right otherwise granted to DOT under any patent. F. Subsections 153 through 15.D of this document are not applicable to material furnished to the Grantee by DOT and incorporated in the work furnished under the Agreement, provided that the Grantee identifies the incorporated material when the work is delivered. G. If the program, which is the subject of this agreement, is not completed, for any reason whatsoever, all data developed under that program becomes subject data as defined in Subsection 15.A of this Agreement and must be delivered as DOT may direct. H. The requirements of Subsections 15.A through 15.G of this document must be included in all third -party contracts of the Grantee under this program. ,. 5�Q P� l � a� Page 8 of 22 16. THE GRANTEE AGREES A. To comply with the provisions of the Privacy Act of 1974, 5 U.S.C. § 552a and, implementing regulations when performance under the program involves the design, development, or operation of any system of records on individuals to be operated by the Grantee, its third -party contractors, subcontractors, subgrantees, or their employees to accomplish a DOT function; B. To notify DOT when the Grantee or any of its third -party contractors, subcontractors, sub - grantees, sub - recipients, or their employees anticipate operating a system of records on behalf of DOT in order to implement the program, if such system contains information about an individual's name or other identifier assigned to the individual. The Grantee may not use a system of records subject to the Act in performing this Agreement until the necessary and applicable approval and publication requirements have been met. The Grantee, its third -party contractors, subcontractors, sub - grantees, and their employees agree to correct, maintain, disseminate, and use such records in accordance with the terms of the Act, and to comply with all applicable terms of the Act; C. To include in every solicitation and in every third -party contract, sub - grant, when the performance of work under that proposed third -party contract, sub -grant or sub - agreement may involve the design, development, or operation of a system of records on individuals to be operated under that third -party contract, sub - grant, or to accomplish a DOT function, a Privacy Act notification informing the third party contractor, or sub - grantee, that it will be required to design, develop, or operate a system of records on individuals to accomplish a DOT function subject to the Privacy Act of 1974,5 U.S.C. § 552a, and applicable DOT regulations, and that a violation of the ACT may involve the imposition of criminal penalties; and D. To include the text of subsections 16.A through 16.0 in all third -party contracts, and sub - grants under which work for this Agreement is performed or which is awarded pursuant to this Agreement or which may involve the design, development, or operation of such a system of records on behalf of DOT. 17. DEBARMENT AND SUSPENSION The Grantee must obtain form its third -party contractors, subcontractors and sub grantees the certification required by 49 CFR Part 29. 18. FALSE OR FRADULENT STATEMENT OF CLAIMS The Program Fraud Civil Remedies found in 49 C.F.R. Part 31 apply to this program. The Grantee acknowledges that if it makes a false, fictitious, or fraudulent claim, statement, submission, or certification to DOT in connection with this program, DOT has the right to pursue and impose on the Grantee civil and criminal penalties. 19. The recipient agrees that it and its contractors, sub - contractors, employees, and representatives will comply with all applicable provisions of 49 CFR 48, 49 CFR ;J 57 Page 9 of 22 110, and any amendment to this agreement. 20. PROJECT OFFICERS The project officers for this agreement are: A. For the STATE: Name: Comet Russell Training & Exercise Unit Supervisor Governor's Division of Emergency Management Texas Department of Public Safety Address: PO Box 4087 Austin, Texas 78773 -0225 Telephone: (512) 424 -2197 Fax: (512) 424 -5647 E -mail: comet.russell @txdps.state.tx.us B. For the COUNTY: Name: Howard Hart Brazos County Grant Manager Address: PO Box 1000 Bryan, Texas 77805 Telephone: (979) 209 -5924 Fax: (979) 209 -5959 E -mail: hhart @bryantx.gov 21. SIGNATORY AUTHORITY The undersigned signatory for COUNTY hereby represents and warrants that he /she is an officer of the organization for which he /she has executed this agreement, and that he /she has executed this agreement, and that he /she has full and complete authority to enter into this agreement on behalf of the COUNTY. Page 10 of 22 IN TESTIMONY WHEREOF, the parties hereto have caused this agreement to be executed in duplicate effective the date of the last signature to this agreement. FOR THE STATE Texas Department of Public Safety Name of Agency RY Authorized Signature Oscar Ybarra Printed Name Chief of Finance Title Date FOR THE COUNTY Printed TN me Title Date 15 Page 11 of 22 Fiscal Year 2007 Hazardous Materials Emergency Preparedness Planning Grant ASSURANCES CERTIFICATIONS 10 Page 12 of 22 APPENDIX A CERTIFICATION DRUG FREE WORKPLACE ACT OF 1988 The recipient certifies that it will provide a drug -free workplace by: 1. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, course of a controlled substance is prohibited in the recipient's workplace and specifying the actions that will be taken against employees for violation of such prohibition; 2. Establishing a drug -free awareness program to inform employees about: A. The dangers of drug abuse in the workplace: B. The recipient's policy of maintaining a drug -free workplace: C. Any available drug counseling, rehabilitation, and employee assistance programs; and D. The penalties that may be imposed on employees for drug abuse violations occurring in the workplace; 3. Making it a requirement that each employee to be engaged in the performance of the project be given a copy of the statement required by paragraph (a); 4. Notifying each employee in the statement required by paragraph that, as a condition of employment under the award, the employee must: A. Abide by the terms of the statement; and B. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than 5 days after such conviction; 5. Notifying the Award Official within 10 days after receiving notice under subparagraph (d) 2, from an employee or otherwise receiving actual notice of such conviction; 6. Taking one of the following actions, within 30 days of receiving notice under subparagraph (d)2, with respect to any employee who is so convicted: A. Appropriate personnel action against such an employee, up to and including termination; or Page 13 of 22 B. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency: 7. Making a good -faith effort to continue to maintain a drug -free workplace through implementation of paragraphs 1,2, 3,4, 5, and 6. Place of Performance Street address City, County State, Zip Code Date by (Name of Grant Recipient) VOL PAGE l 002 Page 14 of 22 APPENDIX B U.S. DEPARTMENT OF TRANSPORTATION HAZARDOUS MATERIALS EMERGENCY PREPAREDNESS TRAINING AND PLANNING GRANTS CERTIFICATION OF COMPLIANCE WITH GOVERNMENT -WIDE GUIDANCE ON LOBBYING RESTRICTIONS (31 U.S.C. 1352) The Brazos County LEPC (Grant Recipient) Certifies, to the best of his or her knowledge and belief, that: No Federal appropriated funds have been paid or will be paid, by or on behalf of the Grant Recipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, and officer or employee of Congress, or an employee or 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, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. 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 this Federal contract, grant, loan, or cooperative agreement, the Grant Recipient shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The Grant Recipient shall require that the language of this certification be included in the award documents for all sub awards at all tiers (including subcontracts, sub grants, and contracts under grants, loans, and cooperative agreements) and that all sub recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 for such failure. Date Brazos County LEPC (Name of Grant Recipient) Page 15 of 22 APPENDIX C ASSURANCE OF COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 U.S. DEPARTMENT OF TRANSPORTATION The State of Texas (hereinafter referred to as the 'Recipient') HEREBY AGREES THAT as a condition to receiving any Federal financial assistance from the Department of Transportation it will comply with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d -42 U.S.C. 2000d -4 (hereinafter referred to as the Act) and all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A. Office of the Secretary, Part 21, . Nondiscrimination in Federally- assisted Programs of the Department of Transportation Effectuation of Title VI of the Civil Rights Act of 1964 (hereinafter referred to as the Regulations) and other pertinent directives, to the end that in accordance with the Act, Regulations, and other pertinent directives, no person in the United States shall, on the grounds of race, color, sex or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Recipient receives Federal financial assistance from the Department of Transportation, and HEREBY GIVE ASSURANCE THAT it will promptly take any measures necessary to effectuate this agreement. This assurance is required by subsection 217(a)(1) of the Regulations. More specifically and without limiting the above general assurance, the Recipient hereby give the following specific assurance with respect to the project. 1. That the Recipient agrees that each 'program" and each "facility" as defined in subsections 21.23(e) and 21.239(b) of the Regulations, will be (with regard to a 'program ") conducted, or will be (with regard to "facility ") operated in compliance with all requirements imposed by, or pursuant to, the Regulations. 2. That the Recipient shall insert the following notification in all solicitations for bids for work or material subject to the Regulations and, in adapted form in all proposals for negotiated agreements: The Recipient, in accordance with Title VI of the Civil Rights Act of 1964, .78 State. 252, 42 U.S.C. 2000d to 2000d -4 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21,. Nondiscrimination in Federally- assisted Programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively insure that in regard to any Page 16 of 22 contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex or national origin in consideration for an award. 3. That the Recipient shall insert the clauses of Appendix B of this assurance in every contract subject to the Act and the Regulations. 4. That this assurance obligates the Recipient for the period during which Federal financial assistance is extended to the project. 5. The Recipient shall provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he. delegates specific authority to give reasonable guarantee that it, other recipients, subgrantees, contractors, subcontractors, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Act, the Regulations and this assurance. 6. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Act, and Regulations, and this assurance. THIS ASSURANCE is given in considerations of and for the purpose of obtaining any and all Federal grants, loans, contracts, property, discounts or other Federal financial assistance extended after the date hereof to the Recipient by the Department of Transportation and is binding on it, other recipients, sub - grantees, contractors, Sub - contractors, transferees, successors in interest and other participants in the Department of Transportation Program. The person or persons who signatures appear below are authorized to sign this assurance on behalf of the Recipients. Date /� Il 55 U`L Brazos County LEPC by (Name of Grant Recipient) VOL 1�PAGE C105 Page 17 of 22 APPENDIX D ASSURANCE OF COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 U.S. DEPARTMENT OF TRANSPORTATION During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor") agrees as follows: 1. Compliance with Regulations: The contractor shall comply with the Regulations to nondiscrimination in Federally assisted programs of the Department of Transportation (hereinafter, "DOT ") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination: The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, sex, or national origin. 4. Information and Reports: The contractor shall provide all information and information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information the contractor shall so certify to the State of Texas or the Research and Special Programs Administration as appropriate, and shall set forth what efforts it has made to obtain the information. Sanctions for Noncompliance: In the event of the contractor's noncompliance with nondiscrimination provisions of this contract, the State of Texas shall impose contract sanctions as it or the Research and Special Programs Administration may determine to be appropriate, including, but not limited to: VOL qo,�PA "E Page 18 of 22 (a) withholding of payments to the contractor under the contract until the contractor complies; and /or (b) cancellation, termination, or suspension of the contract, in whole or in part. 6. Incorporation of Provisions: The contractor shall include the provisions of paragraphs (1) through (6) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The contractor shall take such action with respect to any sub - Contract or procurements as the State of Texas or the Research and Special Programs Administration may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontract or supplier as a result of such direction, the contractor may request the State of Texas to enter into such litigation to protect the interests of the State of Texas, and, in addition the contractor may request the United States to enter into such litigation to protect the interests of the United States. Date (Name of Grant caP,. �7 Page 19 of 22 APPENDIX E ASSURANCE OF COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 U.S. DEPARTMENT OF TRANSPORTATION The following clauses shall be included in all deeds, licenses, permits, or similar instruments entered into by the State of Texas. The [grantee, licensee, lessee, permittee, etc., as appropriate] for herself /himself, his /her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree [in the case of deeds and leases add "as a covenant running with the land "] that in the event facilities are constructed, maintained, or otherwise operation on the said property described in this [deed, license, lease, permit, etc.] for a purpose for which a Department of Transportation program or activity is extended or for another purpose involving the provision of similar services or benefits, the [grantee, licensee, lessee, permittee, etc.] shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination of Federally - Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. [include in licenses, leases, permits, etc.]* That in the event of breach of the above nondiscrimination covenants, State of Texas shall have the right to terminate the [license, lease, permit, etc.] and to re -enter and repossess said land and the facilities thereon, and hold the same as if said [licenses, lease, permit, etc.] had never been made or issued. [Include in deeds]* That in the event of breach of any of the above nondiscrimination covenants, State of Texas shall have the right to re -enter said lands and facilities thereon, and the above described lands and facilities shall thereupon revert to and vest in and become the absolute property of State of Texas and its assigns. The following shall be included in all deeds, licenses, leases, permits, or similar agreements entered into by State of Texas. The [grantee, licensee, lessee, permittee, etc., as appropriate] for herself /himself, his /her personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree [in case of deeds, and leases Page 20 of 22 add "as a covenant running with the land "] that (1) no person on the grounds of race, color, sex, or national origin shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over or under such land and the furnishing services thereon, no person on the grounds of race, color, sex, or national origin shall be excluded from the participation in, be denied the benefits of, or be otherwise subjected to discrimination, and (3) that the [grantee, licensee, lessee, permittee, etc.] shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally - Assisted Programs of the Department of Transportation Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. [Include in deeds]` `Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purpose of Title VI of the Civil Rights Act of 1964. Date by' (Name of Grant R ipient) VOA �l -ppi r 10 Page 21 of 22 HMEP PLANNING GRANT MONTHLY PROGRESS REPORT LEPC: Jurisdiction acting as fiscal agent: For the Month of: 1. Project Progress During the Month: (Should include a description of the work that has been performed, major purchases, if any, and an estimate of the percent of the project completed to date. For projects that involve multiple tasks, discuss each and indicate which tasks, if any, are complete.) 2. Problems Impeding Project & Actions Taken to Resolve Those Problems: 3. Planned Project Work for the Next Month: (Should include a description of work to be performed, major purchases planned, if any. For projects that involve multiple tasks, discuss each. 4. Estimated Project Completion Date: Signature of Local Project Officer Title of Local Project Officer of Q V Page 22 of 22 LEPC: ATTACHMENT 2 MONTHLY FINANCIAL REPORT FORMAT HMEP PLANNING GRANT MONTHLY FINANCIAL REPORT Jurisdiction acting as fiscal agent: For the Month of: 1. Project Cost (from Grant Agreement) $ 2. State Share (from Grant Agreement) $ 3. Local Match Share (from Grant Agreement) $ 4. Expenses previously submitted for State reimbursement $ 5. State reimbursement requested - this report $ Paid To Date Amount Purpose (An original and four copies of valid invoices or receipts and proof of payment for expenses (in the form of canceled checks, bills marked "paid in full', or other proof) must be attached to this report in order to receive state reimbursement for allowable expenses.) 6. Local match expenditures incurred (Local match may be a cash match or a soft match, which could be one or more of the following: A. Salaries, fringe benefits, per diem, lodging, or travel expenses incurred by any person other than a government employee while attending training classes or involved in program activities. B. Public or private contributions of goods, such as paper, or services, such as printing, at fair market value. C. Voluntary contributions of labor by either public or private employees, valued at their normal rate of pay. D. Equipment used for exercises, whether public or private, valued at its normal rental rate. E. Facilities necessary to conduct activities for the grant program, valued at market lease rates. F. Students volunteering time, valued at prevailing minimum age.) 7. State Share balance (Line 2 - [4 +51) 8. Local Match Share balance (Line 3 -6) Signature of Local Financial Officer Title of Local Financial Officer 17 � d EARNEST MONEY CONTRACT THE STATE OF TEXAS COUNTY OF BRAZOS - - D el THIS EARNEST MONEY CONTRACT (hereinafter referred to as the "Contract') is made and entered into by DAVID L. AND CARLA A. SCHUSTER, (hereinafter referred to as "Seller ") and BRAZOS COUNTY, TEXAS, (hereinafter referred to as "Purchaser "). WITNESSETH: 1. Purchase and Sale. Subject to the terms, provisions and conditions hereof, Seller hereby agrees to sell to Purchaser, and Purchaser hereby agrees to purchase from Seller the following described property: A. 5.21+ acre tract located in Brazos County, Texas, as is more particularly described on Exhibit "A" attached hereto and incorporated herein by this reference, together with any and all improvements attached thereto, including, but not limited to, all right, title and interest, if any, of Seller in and to (i) any land in the bed of any street, road or avenue open or proposed in front of or adjoining said tract or parcel of land; (ii) any easements across said tract or parcel of land, existing or abandoned; (iii) any unpaid awards for damage to said tract or parcel of land by reason of changes of grade on any street, road or highway; (iv) any reversionary rights attributable thereto, save and except and the Seller shall reserve and retain all oil, gas and -other minerals located in, on and under the Property (said tract or parcel of land and all of the other properties, rights and interests above mentioned are hereinafter collectively referred to as the 'Property"); B. The Seller shall retain all personal property not attached to the improvements. 2. Purchase Price. The purchase price (hereinafter referred to as the 'Purchase Price ") for the Property shall be ELEVEN THOUSAND FIVE HUNDRED AND NO /100 DOLLARS ($11,500.00) per acre, payable at Closing as provided herein. 3. Earnest Money. A. Within three (3) business days following delivery by Seller of a fully executed counterpart of this Contract to Brazos County Abstract Company of Brazos County, Texas ( "Title Company "), Purchaser shall deliver to the Title Company the sum of TWENTY AND NO 1100 DOLLARS ($20.00) as earnest money (hereinafter referred to as the "Earnest Money "). The deposit of the Earnest Money within such three (3) day period is a condition precedent to the obligation of the Purchaser and Seller under this Contract. In the event this Contract is terminated prior to the consummation of the purchase and sale of the Property in accordance with this Contract, then the �Ok Earnest Money shall be delivered as provided herein unless a different disposition is directed in writing by Purchaser and Seller. At the Closing, the Earnest Money shall, at Purchaser's sole option and election, be returned to Purchaser or be applied toward the Purchase Price for the Property. B. In addition to the payment of Earnest Money, on or before the Effective Date of this Contract, Purchaser shall deliver to Seller FIFTY AND NO/ 100 DOLLARS ($50.00) cash (the "Independent Contract Consideration "), which amount has been bargained for and agreed to as consideration for Purchaser's exclusive option to purchase the Property and for Seller's execution and delivery of this Contract. The Independent Contract Consideration is in addition to and independent of all other consideration provided in this Contract and is non - refundable in all events. 4. Survey and Title Report. A. Not less than thirty (30) days from the effective date of this Contract, Buyer, at Buyer's cost and expense, shall obtain a current on- the -ground survey prepared by a registered public surveyor (hereinafter referred to as the "Survey ") showing the Property, together with a corresponding metes and bounds field note description of the Property. The Survey shall include the plotting and permanent location of all easements, rights -of -ways, encroachments, improvements, fences, building set -back lines, creek waterway ravines and other matters located on the ground, on or affecting the Property. The Survey shall fix, locate, stake and permanently monument all exterior boundary lines and comers of the Property. The surveyor shall also calculate, plat and indicate on the Survey Plat the gross square footage, if any, that lies within the 100 -year flood plain (as defined in 44 Code of Federal Regulations, Section 59. 1) or flood hazard zone or fault zone (herein collectively referred to as "Hazard Zone "). The Survey shall contain a certification signed by the surveyor in a form reasonably acceptable to Purchaser, and that is a category I Condition IV Survey. B. Not less than ten (10) days after the Effective Date of this Contract, Seller shall cause the Title Company to deliver to Purchaser, at Buyer's cost and expense, an up-to -date and complete owner's title policy commitment naming the Purchaser as an insured in the amount of the Purchase Price covering the Property, together with true and legible copies of all documents referred to in such title policy commitment (hereinafter collectively referred to as the "Title Report"). 5. Surveyor Title Objections. If the Survey shows any matters (including any "gap or vacancy" as described in this Section 5 below) that are objectionable to Purchaser (hereinafter referred to as the "Survey Objections "), or if the Title Report reveals any title matters that are objectionable to Purchaser (hereinafter referred to as the "Title Objections "), Purchaser shall so notify Seller of such Survey Objections and/or Title Objections within ten (10) business days from the date of the later of (a) receipt of the Survey, or (b) receipt of the Title Report. Seller hereby agrees to use reasonable diligence to correct such Survey Objections and/or Title Objections within ten (10) business days after receiving Purchaser's notice in writing to do so; provided, however, 2 as v 17-3 Seller shall not be required to institute any suit or spend any funds in excess of $1,000.00 in connection with the cure of any or all such Survey Objections and/or Title Objections. If the Survey Objections and/or Title Objections are not cured to Purchaser's reasonable satisfaction within said time after Purchaser's notice of such objections, Purchaser, at Purchaser's option, may (a) cancel this Contract, in which event the Earnest Money shall be returned to Purchaser free and clear of all rights and claims by Seller with respect thereto, and neither Purchaser nor Seller shall have any further rights or obligations under this Contract, and this Contract shall terminate, or (b) agree to take title to Property subject to any uncured Survey Objections and/or Title Objections without reduction of the Purchase Price, and if Purchaser does so agree, Seller shall deliver the title to the Property subject to uncured Survey Objections and/or Title Objections. If Purchaser fails to notify Seller of any such Survey Objections or Title Objections within ten (10) business days prior to Closing, then Purchaser shall be deemed to have waived any such Survey Objections or Title Objections, and the Property shall be purchased subject to any such Survey Objections or Title Objections without reduction of the Purchase Price. For purposes of this Section 5, the term "gap or vacancy" shall mean and refer to either of the following: (i) any boundary line of the Property fronting on a street or roadway not identical with the right of -way line of such street or roadway right -of -way; and (ii) any intervening easements, setbacks, or other areas running parallel to such street or roadway, the terms of which do not freely permit Purchaser to cross or pave the area covered by such easement, setback or other area. If such gap or vacancy is owned by Seller, such gap or vacancy will likewise be conveyed as the Property under the terms and conditions of this Contract at no additional cost to Purchaser. 6. The Closing. Except as otherwise provided herein, the Seller and Purchaser hereby agree to consummate the closing of the sale and purchase of the Property (herein referred to as the "Closing ") on or before March 31, 2007, at 5: 00 o'clock p.m. The Closing shall be held at the offices of the Title Company or such other place as may be agreed to by Purchaser and Seller. The closing (hereinafter referred to as the "Closing Date ") shall be held as follows: A. Seller's Obligations at Closing. At the Closing, Seller shall deliver or cause to be delivered to Purchaser the following: (1) A General Warranty Deed (hereinafter referred to as the "Deed ") fully executed and acknowledged by Seller in form satisfactory to Purchaser conveying to Purchaser good and indefeasible fee simple title to the Property with the property description of the Survey, subject only to the Permitted Exceptions, which shall be those matters, if any, shown on the Survey or listed as exceptions in the Title Report and which were not objected to by Purchaser or which are waived by Purchaser (herein referred to as the "Permitted Exceptions "). The metes and bounds description used in the Deed shall be the description provided with the Survey. (2) Bills Paid Affidavit. Seller shall deliver to the Purchaser any affidavit verifying that for any unpaid bills or claims for labor performed or materials furnished to the Project prior to Closing, Seller agrees to indemnify and hold harmless Purchaser from any loss, liability or expense resulting from or incident to claims against the Project from any such matters. (3) Possession. Purchaser shall have the right to possession upon closing. (4) Non -Foreign Status Affidavit. An affidavit sufficient under Treasury Regulations to release Purchaser from Purchaser's obligation to withhold a portion of the Purchase Price under Section 1445 of the Internal Revenue Code of 1954, as amended. (5) Other Documentation. Deliver to Purchaser such evidence or documents as may be reasonably required by the Purchaser or by the Title Company evidencing the status and the capacity of the Seller and the authority of the person or persons who are executing the various documents of the Seller in connection with the sate of the Property. B. Purchaser's Obligations at Closing. At the Closing, Purchaser shall deliver or cause to be delivered to Seller the following: (1) The purchase price payable in cash or immediately available funds. C. Apportionment and Adjustments. (1) All ad valorem taxes, if any, applicable to the Property shall be prorated as of the Closing Date based on a per diem basis based on tax rates applicable to the year in which the Closing occurs. If such tax rates are not available at the time of the Closing, taxes will be prorated using tax rates for the year prior to the year of the Closing and adjusted when the tax rates applicable to the year of the Closing become available. Seller shall be responsible for paying on or before Closing any and all assessments for streets, curbs, gutters, and utilities that become due and payable with respect to the Property on or before the Closing Date and for all taxes for prior years (including any interest or penalty thereon) assessed against the Property. The provisions of this Section 6(C) shall survive the Closing. (2) Purchaser shall pay the recording costs for the deed and any Title Company escrow fees and Owner's Title Policy. Seller shall pay for the cost of any tax certificates and all payments necessary to clear the Property of title defects and encumbrances that are not Permitted Exceptions. Each party shall bear its own attorney's fees relating to this transaction. VOL9° PAGE 1 5 (3) The adjustment described herein shall be paid at the Closing or, to the extent that the amounts thereof are not ascertainable at the Closing, the same shall be paid as soon thereafter as may be reasonably practicable. A. Closing_ Documents. Purchaser or Purchaser's counsel shall prepare the Deed and all Seller closing documents at Purchaser's cost and expense, subject to review, approval and acceptance by Purchaser's counsel. 7. Deliveries. No later than twenty (20) business days after the Effective Date, Seller shall deliver copies of the following described materials: A. Any engineering studies, environmental and hazardous waste studies and reports, soil analysis and/or other soil reports relating to the Property that are in Seller's actual possession. B. All notices, documents, and pleadings in connection with any lawsuits or any threatened or potential lawsuits or claims of any kind affecting any part or all of the Property, if any. 8. Representations and Warranties of Seller. Seller represents and warrants to Purchaser, which representations and warranties shall be true and correct as of the date hereof and as of the Closing Date: A. That, during the term of this Contract, Seller shall not voluntarily, without the prior written consent of Purchaser: (i) plat, restrict or encumber, or permit to be platted, restricted or encumbered any portion of the Property; (ii) grant any license, easement, or other use affecting any portion of the Property that cannot be terminated prior to Closing; (iii) grant any mechanic's or materialman's lien against any portion of the Property; (iv) excavate or permit the excavation of the Property; or (v) enter into any sale, lease or rental agreement covering all or any portion of the Property or any contracts, agreements or modifications or extensions of any existing contract or agreement affecting the Property that will or could survive the date of the Closing. B. That, to the best of Seller's knowledge and belief (no special investigation having been made): (i) no notice has been received to the effect that the Property is not in compliance with any applicable laws, ordinances, statutes, rules and regulations of any governmental authorities having jurisdiction over the Property; (ii) there are no unpaid bills or claims of any kind that might become a lien on the Property; and (iii) there is no pending condemnation of all or any part of the Property, and no written notice of any threatened condemnation of the Property has been received. Purchaser and Seller acknowledge that Purchaser shall satisfy itself during the Study Period as to the representations and warranties of Seller set forth herein and as to the physical condition of the Property. V� Lqa Pk,u- M 9. Defaults and Remedies. A. If Seller fails to perform any of the Seller's obligations hereunder for any reason other than the termination of this Contract by Seller or Purchaser pursuant to any valid right to terminate the same expressly set forth in this Contract, or Purchaser's failure to perform Purchaser's obligations under this Contract, or if any of Seller's representations or warranties set forth in Section 8 above are determined to be materially inaccurate or untrue, the Purchaser shall have the right as its sole and exclusive remedy to (a) sue for specific performance, or (b) terminate this Contract by giving written notice thereof to Seller, whereupon any Earnest Money (together with interest accrued thereon, if any) shall be immediately refunded to Purchaser free and clear of any and all rights and claims by Seller. B. If Purchaser is in default under this Contract for any reason other than the termination of this Contract by Purchaser or Seller pursuant to any valid right to terminate the same expressly set forth in this Contract, or Seller's failure to perform Seller's obligation under this Contract, then Seller may, as Seller's sole and exclusive remedy, terminate this Contract and receive the Earnest Money as liquidated damages and not as a penalty, it being acknowledged and agreed by the parties that the amount of the Seller's damages for the Purchaser's default under this Contract would he difficult and impossible to determine, and the Earnest Money is a reasonable estimate of the Seller's damages that would be caused by the Purchaser's default. 10. Real Estate Commission. Seller hereby agrees to be responsible for and pay any real estate or sales commission to any Broker or agent hired by Seller and to indemnify and hold harmless Purchaser against any and all claims of any other agents broker, finder, or other similar party claiming through Seller. 11. Access. At all reasonable times and upon notice to Seller, Purchaser shall have the right to enter upon, inspect, and make non - destructive tests of the Property, including, but not limited to, soil tests to determine the feasibility of construction, environmental test, including Phase II; provided, however, that such entry onto the Property shall be at Purchaser's sole risk, subject to the rights of persons in possession of the Property. Purchaser shall indemnify and hold harmless Seller with respect to such activities of Purchaser upon the Property, and if necessary, Purchaser shall restore the surface of the Property disturbed by any such tests and inspections to its grade on the Effective Date of this Contract. 12. Feasibility Study Period Contingency. Notwithstanding any provision in this Contract to the contrary, Seller hereby acknowledges and agrees that from the Effective Date of this Contract until one hundred twenty (30) days thereafter (herein referred to as the "Study Period "), Purchaser shall have the right and option (at its sole cost and expense) to conduct any and all and continue any and all non - destructive inspections, studies and tests, including, but not limited to, engineering studies, soil tests and analyses, environmental and hazardous waste, and surveys, on and with respect to the Property (hereinafter collectively referred to as the "Analysis ") as Purchaser, in Purchaser's sole discretion, desires, subject to Purchaser's obligations to Seller as set forth herein. Seller hereby agrees to cooperate fully with Purchaser and to promptly provide Purchaser with such 6 ��3; _ 17J information and documentation in Seller's possession as Purchaser reasonably requests in order to assist Purchaser in making the Analysis. If the Analysis conducted by Purchaser reveals that the Property is not suitable for Purchaser's intended use of the Property, in Purchaser's sole and exclusive judgement, or if Purchaser is dissatisfied with the Property for any reason whatsoever, in Purchaser's sole and exclusive judgement, then Purchaser, at Purchaser's sole option and discretion, shall have the absolute right and option to terminate this Contract by giving written notice of such termination to Seller on or before the expiration of the Study Period. In the event that Purchaser terminates this Contract, Purchaser shall return to Seller any materials delivered by Seller, and the Earnest Money (together with interest accrued thereon, if any) shall be refunded to Purchaser free and clear of all rights and claims of Seller with respect thereto, and except for the indemnity obligation of Purchaser which shall survive, neither Purchaser nor Seller shall have any further rights or obligations under this Contract, and this Contract shall terminate. 13. Damage. Destruction or Condemnation. If prior to Closing the Property or any part thereof shall be condemned, or destroyed or materially damaged by fire or other casualty, Purchaser shall have the option (which option must be exercised within the earlier to occur of ten (10) days after notice of such loss, damage or destruction or the Closing Date) to terminate the Contract or to consummate the transaction contemplated by the Contract without reduction of the Purchase Price, notwithstanding such condemnation, destruction or material damage. If Purchaser elects to consummate the transaction contemplated by the Contract, Purchaser shall be entitled to receive the condemnation proceeds or settle the loss under all policies of insurance applicable to the destruction or damage and receive the proceeds of insurance applicable thereto, and Seller shall, at Closing, execute and deliver to Purchaser all necessary proof of loss, assignments of claims and other similar terms. If Purchaser elects to terminate the Contract, the Earnest Money and all interest earned thereon shall be returned to Purchaser by the Title Company, in which event this Contract shall, without further action of the parties, become null and void, and neither party shall have any rights or obligations under the Contract. 14. Tune. Time is of the essence in all matters pertaining to the performance of this Contract. 15. Authoritv. The parties to this Contract warrant and represent to one another that they have the power and authority to enter into this Contract in the names, titles and capacities herein stated and on behalf of any entities, persons, estates or firms represented or purported to be represented by such person, that all formal requirements necessary or required by any state and/or federal law in order for each to enter into this Contract have been fully complied with and that this Contract, as executed, fully binds and obligates the parties in this Contract. 16. Notices. Any notice, demand or request permitted, required or desired to be given in connection with this Contract shall be in writing and shall be deemed effective if hand delivered or sent by United States certified or registered mail, return receipt requested, postage prepaid, or sent by private, receipted carrier guaranteeing same -day or next -day delivery addressed as follows: If to Seller: DAVID L. and CARLA A. SCHUSTER 265 Avery Road Kerrville, Texas 78028 -7600 VU1.9ZPAGE 13E If to Purchaser: BRAZOS COUNTY 300 East 26d' Street, Suite 106 Bryan, Texas 77801 Attention: Judge Randy Sims With a Copy to: Bill Ballard 300 East 26d' Street, Suite 106 Bryan, Texas 77801 If mailed pursuant to this Section 16, such notices shall be deemed effective on the date actually received by the office of the addressee or on the third (3rd) day after deposited in the U.S. Mail, whichever is earlier. Notices delivered by any other means shall be effective upon receipt by the addressee named therein. 17. Entire Agreement. This Contract represents the entire agreement by and between Purchaser and Seller with respect to the subject matter dealt with herein, and it may not be changed except by written amendment executed by Purchaser and Seller. 18. Successors and Assigns. The terms and provisions of this Contract shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. Seller and Purchaser, each of them, hereby acknowledges and agrees that each shall be entitled to assign all or part of its interest in this Contract with prior notice to and written consent of each respectively, which consent shall not be unreasonably withheld or delayed so long as the proposed successor demonstrates its financial ability to perform the obligations of its assignor under this Contract. 19. Attomeys' Fees. Should any litigation or administrative proceeding be commenced between the parties hereto or their representatives, or should any party institute any proceeding in a bankruptcy or similar court which has jurisdiction over any other party hereto or any or all of its property or assets, or should any litigation or proceeding be commenced concerning any provision of this Contract or the rights and duties of any person or entity in relation thereto, then the party or parties prevailing in such litigation or proceeding shall be entitled, in addition to such other relief as may be granted, to a reasonable sum as and for its or their attorney's fees and court costs in such litigation or proceeding, which shall be determined by the court (or presiding official) in such litigation or proceeding or in a separate action brought for that purpose. 20. Governing Law. The terms, provisions and conditions of this contract shall be governed by and construed in accordance with the laws of the State of Texas. 21. Severability. If any provision of this Contract shall, for any reason, be held violative of any applicable law, and so much of this Contract is held to be unenforceable, then the invalidity of such specific provision shall not be held to invalidate any other provision of this Contract, which other provisions shall remain in full force and effect. 22. Recordation of Contract. Seller and Purchaser agree that neither this Contract, a memorandum thereof, or an affidavit with respect thereto shall be filed for public record by or on behalf of either Seller or Purchaser. 23. Additional Provisions. This Contract is subject to the terms and provisions set forth in any exhibit attached hereto. For Seller and Seller's heirs, successors, and assigns forever, a reservation of all oil and gas in and under and that may be produced from the Property. If the mineral estate is subject to existing production or an existing lease, this reservation includes the production, the lease, and all benefits from it. However, as to the mineral interest owned by the Seller except as may be provided in instruments currently of record, there shall be no right of ingress or egress to the surface of the premises at any time for the purpose of mining, drilling, exploring, operating and developing said lands for oil, gas and other minerals and removing the same therefrom, or for the purposes of using such property for the storage or transportation of oil, gas and other minerals. Nothing herein shall prohibit the Seller or Seller's successors and assigns from pooling or permitting slant drilling under said premises to develop and produce the oil, gas and minerals owned by Seller and Seller's successors and assigns. 24. Saturday. Sunda, opal Holiday. If any date set forth in this Contract for the performance of any obligation by Purchaser or Seller or for the delivery of any instrument or notice should be on a Saturday, Sunday, or legal holiday, the compliance with such obligations or delivery shall be deemed acceptable on the next business day following such Saturday, Sunday or legal holiday. For purposes of this Section 24, "legal holiday shall mean any state or federal holiday for which financial institutions or post offices are generally closed in Brazos County, Texas for the observance thereof. 25. Headings, Construction. The headings contained in this Contract are for reference purposes only and shall not modify or affect this Contract in any manner whatsoever. Whenever required by the context, any gender shall include any other gender, the singular shall include the plural, and the plural shall include the singular. M 10 s , 8� 26. Effective Date. The term Effective Date shall mean the date on which a filly executed counterpart of this Contract and the $20.00 Earnest Money is delivered to the Title Company (herein referred to as the "Effective Date "). The Title Company shall immediately thereafter deliver a copy of the executed, receipted Contract to Seller and Purchaser. 27, Special Conditions: County Commissioner's Approval. This Contract is subject to the approval of the Brazos County Commissioners' Court. In the event Buyer cannot obtain such approval, the Buyer may terminate this Contract and the Purchaser's Earnest Money shall be returned and the parties have no additional obligation under the Contract. EXECUTED in multiple o rparts, ea�1� o- f whch ex copies shall constitute an original, by Purchaser on the � day of �/ �� 2007. m PURCHASER: By: Name: Title: 10 qar,: r 1 ff1 RECEIPT OF EARNEST MONEY The undersigned Escrow Agent by and through it duly authorized representative hereby acknowledges receipt from BRAZOS COUNTY, TEXAS of the sum of TWENTY AND NO 1100 DOLLARS ($20.00) as Escrow Deposit under the terms of the foregoing Earnest Money Contract on this day of 12007. BRAZOS COUNTY ABSTRACT COMPANY Name: Title: 11 EXHiRiT " A" Being all of that certain tract or parcel of land lying and being situated in the COLBERT BAKER LEAGUE, A4, Brazos County, Texas and being of reference in Deed conveyed to Walter Kelley, recorded in Volume 97, Page 304, Deed Records of Brazos County, Texas and being described as follows: BEGINNING at a 3/8" iron rod found at the east comer of this tract, same being at the intersection of the southeast line of a 32 Y2 acre tract of land conveyed to the Pleasant Grove Baptist Church by Cyrus Kountz, recorded in Volume 17, Page 353, Deed Records and the southwest right -of -way line of Ferrill Creek Road; THENCE S 500 00' 25" W — 363.67 feet to a' /x" iron mad found for comer; THENCE N 38° 26' 19" W — 677.55 feet to a %" iron road found for comer; THENCE N 510 32' 21" E — 310.26 feet to a' /x" iron road found for comer in said Ferrill Creek Road line: THENCE S 430 00' 00" E — 669.92 feet along said Ferrill Creek Road line to the PLACE OF BEGINNING; and containing 5.21 acres of land, more or less, according to a survey made on the ground under the supervision of Donald D. Garrett, Registered Professional Land Surveyor, No. 2972 on September 13, 1991. qoT C3 DATE InterStor DESIGN ASSOCIATES, INC, INFORMATION & MATERIEL MANAGEMENT SOLUTIONS Preventative Maintenance and Extended Service Agreement KJ ORDER NO. CONTACT: PHONE 3 -5 -07 _L_ NEW RENEW 15- 7371SMA WAYNE DICKIE P79- 361 -4168 ;USTOMER S•Mn WYI be Pwionnad M: BRAZOS COUNTY SHERIFF'S DEPARTMENT 1835 SANDY POINT RD. 300 E 26th STREET, 11314 FROM TOTAL ANNUAL AMOUNT BRYAN, TX 77803 T E 5 -25-07 R TO M 5 -25 -08 $225.00 EQUIPMENT UNDER SERVICE TYPE OF EQUIPMENT MODEL AMOUNT MOBILE FILING /STORAGE SYSTEM AUDITORS OFFICE MECHANICAL ASSIST W/3 CARRIAGES 225.00 SPECIAL CONDITIONS SALES TAX - EXEMPT TOTAL COST 225.00 Purchaser agrees that this Order includes all of the terms and conditions on both the face and reverse side hereof, that this Order cancels and supersedes any prior agreement and as of the date hereof comprises the complete and exclusive statement of the terms of the agreement relating to the subject matters covered hereby, and that THIS ORDER SHALL NOT BECOME BINDING UNTIL ACCEPTED BY DEALER OR HIS AUTHORIZED REPRESENTATIVE. Purchaser by his execution of this Order acknowledges that he has read its terms and conditions and has received a true copy of this Order. Approved By: INTERSTOR DESIGN ASSOCIATES, INC Address 5074 STEADMONT DR City /St to ;�J 77040 By: 1 Date r MARCH 5. 2007 Signed Service Agreement must be received by INTERSTOR DESIGN ASSOCIATES, INC. prior to expiration of current service period. Customer's Acceptance - Sign name below. Send! contract to INTERSTOR DESIGN ASSOCIATES, INC. Phone: (Yqq) -%I — 14 (c11 Ext. HIGH DENSITY MOBILE STORAGE SYSTEMS - FILE SHELVING LIBRARY SHELVING ROTARY FILES FOLDERS AND SUPPLIES COLOR CODE LABELING SY TEMS AUT ,M4i,TED STORAGE AND RETRIEVAL SYSTEMS _.. a PAS-E- �"F TERMS AND CONDITIONS OF AGREEMENT 1. Mechanical service will be furnished to the customer by InterStor Design Associates, Inc. for the equipment listed during the established business hours of InterStor Design Associates, Inc. Monday thru Friday, excluding holidays. All prices quoted herein for systems to be placed under agreement are based on the understanding that all equipment will be used during a maximum 50 hour work week. 2. The maintenance provided shall include regular preventative maintenance & extended service. 3. Preventative maintenance shall be performed during established business hours Monday through Friday. Preventa- tive maintenance service will include inspection, cleaning, adjustment and lubrication, if required, of all electronic, electrical, and mechanical components. Unless otherwise excepted, replacement of necessary parts will be accomplished during the performance of the maintenance inspections and the Subscriber will pay current prices then in effect for such replacements. 4. Extended service shall consist of requested service calls during the 12 calendar months following preventative maintenance service. If replacement parts are necessary, they will be charged at the prevailing rate. 5. Service requested by the customer during other than established business hours will be charged at the rates then in effect, including travel time and expense with a two hour minimum. Special arrangements may be made. 6. MAINTENANCE SERVICE AND PARTS REPLACEMENTDOES NOTCOVER REPAIRSOR PARTS REQUIREDBECAUSE OF AN ACCIDENT, FIRE, WATER, ABUSE, MISUSE, WAR, OR AN ACT OF GOD, NOR DOES IT COVER CHANGES IN SETUP, MAINTENANCE OR REPAIRS DONE BY OTHER PERSONS NOT AUTHORIZED BY INTERSTOR DESIGN ASSOCIATES, INC. 7. If the equipment under agreement is moved, transported or tampered with in any manner without InterStor Design Associates, Inc. supervision, this agreement will become null and void without refund. 8. Mechanical service is authorized by the customer to be rendered by InterStor Design Associates, Inc. to the equipment listed for the period above noted unless the agreement is terminated by either party as herein provided. Either parry may terminate this agreement upon written notice to the other party, given not less than thirty (30) days immediately prior to any anniversary date hereof. InterStor Design Associates, Inc. reserves the right to examine equipment prior to any renewal of this agreement, and in the event the machine(s) require overhauling or rebuilding, an estimate will be submitted for customer's approval before the work is started. 9. Maximum liability for InterStor Design Associates, Inc. hereunder shall be an amount not to exceed the total amount actually paid by the customer for services during the applicable term of the agreement. 10. In no event shall InterStor Design Associates, Inc. be liable for any special, indirect, consequential or exemplary damages including, without limitations, loss of anticipated profits or business opportunities, or for specific performance. THE FOREGOING WARRANTIES ARE EXCLUSIVE AND ARE GIVEN AND ACCEPTED IN LIEU OF (1) ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OR MERCHANTABILITY AND FITNESS FORA PARTICULAR PURPOSE; AND (II) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN CONTRACT ORTORT, WHETHER OR NOTARISING FROM NEGLIGENCE, ACTUAL OR IMPUTED. 11. At all times whether by amendment or change, and Including this document the only persons authorized to sign on behalf of InterStor Design Associates, Inc. are the President or Service Manager, InterStor Design Associates, Inc. shall not be responsible for failure to render service for any causes beyond its control Including, without limitation, strikes, labor disputes, and inclement weather. This agreement shall constitute the entire contract between the parties and cannot be modified except in writing, signed by both parties. interStor 1z design associates, inc. 5074 Steadmont Drive Houston, Texas 77040 Tel 713 890 7990 Fax 713 890 7959 www.interstordesign.com March 05, 2007 BRAZOS COUNTY SHERIFF'S DEPARTMENT 300 E 266 STREET, STE 314 BRYAN, TEXAS 77803 SUBJECT: Extended Service Agreement As of May 25, 2007 your InterStor High Density Mobile Storage System's Service Maintenance Agreement will be expiring. As you know, without proper maintenance, any mechanical equipment with moving parts can create costly problems. These problems can be prevented easily and economically through an inspection and service program. In order to insure the best performance of your equipment, we wish to offer you our Extended Service Agreement. Our standard Service Agreement includes one (1) preventative maintenance visit per year which involves examining, adjusting and lubricating all moveable parts. Please call to schedule. All required component repairs or replacements will be performed at this time. We also include additional service calls as needed in the event of system failure or malfunction. All travel, labor and mechanical parts will be provided under this maintenance contract. We have enclosed a Service Agreement for your consideration. If you elect to start this program, please return the agreement with your signature, keep a copy for your files, and the amount indicated on your service contract. We will need to receive your signed agreement within 30 days of this offer. If you feel that our Extended Service Agreement is something you do not wish to consider, we will be pleased to service your system on an (as needed) basis. Service rates are presently $110.00 per hour, one hour minimum. If you should have questions or if any additional information is needed, please feel free to call me at your convenience. Sincerel4� &,�� � KEITH O'BRIEN Operations Manger Enclosures VOL J/ -4AGE I F(O INTERSTOR DESIGN ASSOCIATES, INC. PREVENTIVE MAINTENANCE & SERVICE PREVENTIVE Preventive Maintenance consists of those precautionary services MAINTENANCE performed on equipment covered in this agreement other than PROGRAM emergency or unscheduled service calls with the primary purpose of preventing the equipment from being out of normal operation. EXTENDED Extended Service consists of requested, unscheduled SERVICE service calls from the date of contract and continuing for PROGRAM twelve (12) calendar months. SERVICE TO BE Inspection & Testing of., PERFORMED BY AUTHORIZED *Mechanical Assist Chain Tension Adjusters FACTORY - TRAINED *Safety Features PERSONNEL *Electrical wiring & Switches *Mechanical & Logic Controls *Anti -tip Devices *Carriage Limit Switches *Safety Floor Plungers *Safety Sweep Switches *Safety Bar & Safety Eyes *Sequential Carriage Indexing (Electric) Lubrication & Adjustment of. *All Moving Parts, Chains & Rails *Limit Switches General Maintenance & Cleaning of *Floor & Tracks *Face Panels & Controls CUSTOMER Customer is responsible for foreign matter and debris that RESPONSIBILITIES falls into areas that may hinder or damage and result in equipment failure. Components of the equipment or system installed by people other than INTERSTOR DESIGN ASSOCIATES, INC. is the responsibility of the customer, this includes defects in other manufacturer's products. The customer agrees to give reasonable notice for normal hours servicing. -i o W 0 -0 O -DDi m v C 00 D c - D C � O CD �xn X 4 r X O O r- < z < z m0 j D mD D my D Z 0 D D > Z v 0= X 0 m o �m �m -0 D� o z m 0 z0 � z z m o �^o O m m m A W m Z m --I --q -m+ D y -Zi Z o o y m m z m z O m A m e rn m —i m z z z 0 z m v J Jm l O co O N O CM W CII CD O m O A T 1 69 (A 69 6A 6A 6A 69 69 (A ffl 69 fn EA 69 69 69 = m N CT � In W O .P p O N � O W � m W C71 V � m J m D 3 Cn O O O O O O O O Cn O O Ot N O O m O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O �J 69 6A 6A 6A 69 169 69 fA 6A Ffl (A FA fA 69 69 69 a nc m J D ^ N UA ? D `.7'Q I O C? CD "m W O W O - A V N Z 7 (0 N O A (O W CJ O (T N W W � fJ O O O W O --4 O O O O 0 O W O (n O A O N N O O O O O O v m Cn p 69 69 69 69 69 69 6A 69 6A 69 N 69 69 69 (A 69 J 00 0 N 3 W W 00 W -4 N ? J A .P O W V A O V m N D M (ll Cn -4 w (T N W A O N O 00 00 O ? (O N A O iD N 01 A O O 00 W O O O O O O O 6 O 6 O 0 69 69 69 fA 69 6fl 69 69 69 69 69 69 69 W 6A (A a °< 0 2 �m m _ Z 0 N rn ' Z 0 (0 (n N v N W W W A N -+ A A 0) N N D) N O V N N 74 O W w Oo n -,4 W V N 0 N 0) O 0) W W O N 000 pO A A A O A O O O o O O El O C m r m v 0 0 m A r 11 "f A 0 eo y o�J y n Q O M H M BRAZOSCOUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge NUMBER 560010 DATE OF COURT MEETING: March 13, 2007 ITEM: Consider and take action on Energy Transfer's cost estimate of $67.315 to relocate approximately 1,785 feet of 6 inch gas pipeline (at the County's request) on Hopes Creek Road to accommodate road widening project Site is located in Precinct 1. SOURCE OF FUNDS: N/A PRESENTATION: Pipeline relocation will require a new easement. ACTION REQUESTED OR ALTERNATIVES: SUBMITTED BY: APPROVED BY: abs,-- n -- Richard F. Vance, P.E. Commissioner Lloyd Wassermann County Engineer Precinct 1 CC07 -021 This Request is Approves A� / Denied El by Commissioners' Court Date: n11310 -7 // --.4� Randy Sinly, County Judge %moo IZO ENERGY TRANSFER ETC - TOXaS Pipeline, Ltd. 3276 BAS Road Brian, Texu 77007 979 - 779-4460 (omce) 979. 361 -0794 (Fax) www.energytransle000m Linda, Per our conversation to re- locate 6" line# 151056 /Aggieland 6" Extension along Hopes Creek Road, here is the cost estimate to re- locate that line. Thanks, Mike Stewart ETC VOL90� PAGE I V 7. 'A Fibhl'f1N auijadij sexal 11a &07. S 1007'/ 'NVW PROJECT NAME: Hopes Creek Road line rBd011te LINE SECTION NAME: AggielePdoo- Aggielend EEb0510n LENGTH: 0.0 roues e OF LAUNCHERS' I OF RECEIVERS: I Co-n1e Coat Freight Tube Mainline MhAlms Mater SbdaO Taps 1&u -Were Remiven Total � COATINGS • Gib Gauss S MLVa • MRa S PIG TRAPS I WORK SPACE ikkCT1ANDAGENTS S INSTALL METER STATIONS & INSTALL MLV IS INSTALL PIG TRAPS & INSTALL TAP VALVES NGES A ROCK UB&AObltgOMPeh SS DRILLING MUD ING NTAL CONTROLS SITE WORK WOMT GRAND 21N200] MACP 1000078' SB]Sllon Cgedngyardpr 9 FralpM I1iM6W. -Staged 8 aldage 1.211 ",1 -110' Flanges, Ms. Tap& edte, p11kats. & e" bdow valrg, SUN ", aa-OUW, a ignMOILMSPa, plan 10% rule d thumbs L sate auNey, Plata.&Pprmaals Work apace Mate as 10Ruked Craps, moan, cpm, wheat for 44wa C.0day indudee -0011, htaB19e, pw diem INNINOOn cast fight RPI, & Simi nd. budget Iumban ind...ceding mat for 25% of Nut., hydmtg,t Read Sit Faroe, Sandbag, enbbnce Wds BO Mss 2 x 55000. Indddg, fin Pndag hom Ghum's Desgn"sNge,pipe dean eludY. EV 100100", -r Wma" SWPPp, EW09, al & ArehadoplW S_W coE afing. Mi0ga0on Deg, m1 mouses mhlga0on -111 11DIV101 &A.Ale .a•���a C�1 E 'd 06L 'ON 0610 -19E -616 aU I ad seyal 119 W BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge NUMBER 560010 DATE OF COURT MEETING: March 13, 2007 ITEM: Consider and take action on Bryan Texas Utilities' cost estimate of $7,334.59 to relocate an overhead electrical line (at the County's request) on Hopes Creek Road to accommodate road widening project Site is located in Precinct 1 Copy of Requisition Nn 00013189 in the amount of $7.334.59 is attached. SOURCE OF FUNDS: N/A PRESENTATION: Brazos County will be billed on the actual "as built" expenses; line relocation will require a new 20' easement from the David Parsons property. ACTION REQUESTED OR ALTERNATIVES: SUBMITTED BY: APPROVED BY: (a h�.-n -t- Richard F. Vance, P.E. Commissioner Lloyd Wassermann County Engineer Precinct 1 CC07 -020 This Request is Approved L9 / redred ❑ by Commissioners' Court Date: Randy Si)ds, County Judge ��� February 9, 2007 Linda Muegge Brazos County Road & Bridge 2617 W. Hwy 21 Bryan, TX 77803 Re: Hopes Creek Road Line Relocation Dear Linda Muegge, Inv. #0702R10100 Your request to relocate an overhead electric fine along Hopes Creek Road has been investigated. The estimated cost for this relocation will be approximately $7,334.59. As before, Bryan Texas Utilities will bill Brazos County on the actual "as buiR" expenses for this relocation. This project consist of relocating two three phase poles, removing 839 linear feet of three phase conductor and installing 841 linear feet of three phase conductor. This will require a new 20' electric easement from the David Parsons property. Once your approval has been given and the enclosed documents signed and returned to Bryan Texas Utilities, the job will be released for construction. Sincerely, Allen Kristof BTU -Line Designer 979821 -5730 akristof@btutilities.com /spi /spitools /optio /images /ars1812.tif COUNTY JUDGE PAGE 1 REQUISITION 00013189 REQUESTED REQUIRED APPROVAL GRP R &B BUYER 03/07/07 03/07/07 ROAD AND BRIDGE LINDA MUEGGE SHIP TO 560010 VENDOR 20 BRAZOS COUNTY ROAD AND BR BRYAN TEXAS UTILITIES 2617 WEST HIGHWAY 21 BTU - CUSTOMER SERVICE BRYAN, TEXAS 77802 PO BOX 8000 ATTN: KAY TRACY BRYAN TX 77805 RELOCATE LINE FREIGHT EXTENSION/ LN /ST COMMODITY STOCK NO QUANTITY UOM UNIT PRICE TAX /TRADE -IN O1 1.00 EA 7,334.5900 7,334.59 0 ESTIMATE TO RELOCATE ELECTRIC LINE 0.00 HOPES CREEK ROAD R1 -254 WO # 31473 0.00 TOTAL PRICE 7,334.59 DIV /FUND ACCOUNT PROJECT ACCOUNT CHARGE AMOUNT 56001000 80710000 7,334.59 REQUISITION TOTAL 7,334.59 PAGE TOTAL 7,334.59 q� 1 -1, 4 BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM l DEPARTMENT Road and Bridge NUMBER 560010 DATE OF COURT MEETING: March 13, 2007 ITEM: Request from Wickson Creek Special Utility District to construct a road bore for water line installations in the right of way of Riley Road approximately 0.3 mile from its intersection with Grassbur Road. Site is located in precinct 2. SOURCE OF FUNDS: N/A REQUIREMENTS: 1. No work will be permitted between front slope and /or back slope. 2. All installation(s) shall be constructed in designated utility easements, if applicable. If no utility easement exists, the installation(s) shall be 1) within 3 -5' of and parallel to the right -of- way line and /or 2) in the case of a road bore, perpendicular to the right -of -way line. 1 If clearing of brush, trees and other obstruction is necessary, it shall be the Applicant's responsibility to do so and to remove all cleared brush, trees etc. from county right -of -way. 4. Ditch line shall be compacted to 90% standard density ASTM -Test Method No. D -698; test shall be conducted by an independent geotechnical testing firm; copies of all test results shall be furnished to the office of the Brazos County Engineer. 5. Construction shall be in strict conformance to the latest Texas Manual of Uniform Traffic Control Devices for Streets and Highways, published by the Texas Department of Transportation, and all other State and Federal laws governing utility construction. NOTES /EXCEPTIONS: ACTION REQUESTED OR ALTERNATIVES: SUBMITTED BY: Richard F. F. Vance, P.E. County Engineer CC07 -019 This Request is Approxad ZDenied Date: 3/J,3 /r-7 �— Randy Ste, County Judge fCPF�2OV�D BY: V. Commissioner Duane Peters Precinct 2 ❑ by Commissioners' Court A 1 8 u I 0 .9 J� Q 0 N I W� Q �� s un Q�- A' o L d J� , o 0 .9 J� Q 0 N I Qr A' o , U HI p f. 999��� 0 .9 J� Q 0 N o , f. 999��� Ij ✓ _ v�J 3 REQUEST FOR PROPOSED INSTALLATION IN COUNTY RIGHT -OF -WAY TO THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS BRAZOS COUNTY COURTHOUSE BRYAN, TEXAS 77803 Formal notice is hereby given that (applicant) Wickson Creek special Utility District proposes to place a (type) waterline within_ across_ x the right -of -way of (road) 8601 Riley Road in Brazos County, Texas as follows: The location or description of the proposed installation is more fully shown by 3 copies of the drawings attached to this notice. I understand and agree that: 1. The County Engineer must be notified 72 hours prior to the beginning of construction in order that he, or his designated inspector, may inspect the actual installation. 2. All damage to the roadways and rights -of -way will be repaired to their original condition to the satisfaction of the County Engineer. 3. Brazos County reserves the right to require Applicant to relocate or lower any such line at no cost to Brazos County, should same become necessary due to widening or lowering, or other alteration of the roadway or right -of -way. 4. Brazos County will In no way be responsible fcr any damage which might occur to any existing utility lines in the right -of -way. 5. The line will be constructed and maintained on the County right -of -way in accordance with the Utility Accommodation Policy which was adopted by the Texas Department of Transportation on May 29, 1989, 6. The line or lines will be constructed no less than twenty -four inches (24 ") lower than the lowest part of the drainage or bar ditch and the drainage is to be considered at least two feet (2') below the center of the roadway. 7. All sites will be barricaded during the construction period. Construction of this line will begin on or after the 13 day of March 2007 APPROVED BY COMMISSIONERS' Date Randy Sims/County Judge Firm: Wick on Creek Special Utility District By , � Title: General Manager Address: R. 0. Box 4756 Bryan, Texas 77805 Phone: 979 -589 -3030 7^ I h as . f`97 TEXAS A &M UNIVERSITY Department of Security and University Police College Station, Texas 77843 -1231 (979) 845 -2345 FAX(979)847 -2345 Chief of Police Elmer Schneider February 28, 2007 RE: TAMU PD 2005 Racial Profiling Statistics Randy Sims Brazos County Judge 300 East 26th Street Suite 114 Bryan, TX 77803 Dear Mr. Sims, Please find enclosed the Texas A &M University Police Department's 2006 Racial Profiling Statistics Report. The Texas Code of Criminal Procedure states in 2.132(b)(7), "(7) require the agency to submit to the governing body of each county or municipality served by the agency an annual report of the information collected under Subdivision (6) if the agency is an agency of a county, municipality, or other political subdivision of the state." The General Counsel of the Texas A &M University System has stated in their opinion this probably means the County Judge. Therefore we have sent this copy of the report to you in order to satisfy the requirements of the law. If you have any questions, please contact us. Best regards, :j Lt. Robert Meyer Training Coordinator Texas A &M University Police Enclosure (1) cc: Chief Elmer Schneider -�- "— =-) s R Sims, County Judge date ONESPIRIT ABMf �I VOLOC /Al" WE i�8 TEXAS A &M UNIVERSITY POLICE DEPARTMENT 2006 RACIAL PROFILING REPORT Chief of Police Elmer Schneider Prepared by Lt. Robert Meyer As required by Texas Code of Criminal Procedure 2.132(b)(7) VOL 90'-, FACIE C79 Texas A &M University Police Department 2006 Racial Profiling Report Introduction This report is prepared as a requirement of the Texas Code of Criminal Procedure (CCP) section 2.132(b)(7). The Texas A &M University Police Department (TAMU PD) uses video and /or audio equipment on all its traffic stops. Therefore, TAMU PD is reporting as a department that is exempt from requirements set out in the Texas Code of Criminal Procedure (CCP) 2.133 and 2.134. This exemption is set out in CCP 2.135. This report is divided into three different sections. The first section is total traffic and pedestrian stops for the year 2005. It is broken down by race and ethnicity. Races required by the CCP for reporting are: Caucasian, African, Asian, and Native American. Ethnicities required by the CCP are Hispanic and Non - Hispanic. The second section contains arrests that resulted from traffic stops broken down by race and ethnicity. Finally, the third section contains traffic stops that resulted in searches. This is also broken down by race and ethnicity. Race Breakdown of Traffic Stops Page 4 contains the raw numbers, percentages of total, and a graphical representation of the data of total traffic stops broken down by race and ethnicity. The CCP does not require that agencies compare their statistics to anything, only that we provide raw numbers and percentages. A member of the legislature had suggested that we compare them to U.S. census figures. These percentages won't mean much unless you compare them to the general population where the agency is geographically located. With these things in mind, statistics from the university student population and the U.S. Census are discussed. The percentages generally run parallel to percentages as reported in the Texas Higher Education Coordinating Board Statewide Accountability Report. The student numbers from that report are included below: Totals 44,578 45,380 Page 2 of 6 VoLCiA I'Aa aoo zoos - 2006 Percentage 2006- 2007 Percentage TAMU White-Non-Hispanic 33,429 75.00/ 33,386 73.6° TAMU Black-Non-Hispanic 1,253 2.81Y. 1,355 3.0% TAMU Hispanic 4,544 10.2°/ 4,941 10.9% TAMU Asian or Pacific Islander 1,511 3.4% 1,702 3.8% TAMU American Indian or Alaskan Native 204 0.5% 228 0.5% TAMU International 3,406 7.6% 3 554 7.8 % TAMU Unknown or Not Reported 231 0.5% 214 0.5 Totals 44,578 45,380 Page 2 of 6 VoLCiA I'Aa aoo Texas A &M University Police Department 2006 Racial Profiling Report Although some percentages may be over the percentage of student population, they fall under the percentage of population for Brazos County as contained in the 2000 U.S. Census. (See attached) See also web page at link below: htt�: / /www2.census.00v /census 2000 /datasets /demographic profile/Texas /2kh4 S.pdf Arrests Resultina From Traffic Stops On page 5 you will find raw numbers, percentages and a pie chart of race breakdown of all traffic stops on vehicles or pedestrians that resulted in an arrest. On this same page you will find the ethnic breakdown of arrests resulting from traffic stops. Again, percentages generally are about what the county percentages are in the U.S. census data. It should also be noted that these figures include some items where the person is cited and released. We are required by other government agencies to carry these citations as arrests. This includes such things as minor in possession of alcoholic beverage, making alcohol available to a minor, consuming after hours, consumption of alcohol by a minor, and open container in vehicle to name a few. Searches Resultina From Traffic Stops On page 6 you will find raw numbers, percentages, and a chart showing the race breakdown on all searches that were conducted on traffic stops. On this same page you will find the ethnic breakdown of traffic stops that resulted in searches. It should be noted that searches incident to arrest are not counted in these figures. No searches were conducted without obtaining consent in 2006. Summary The University Police Department does not condone racial profiling. These figures show that the University Police Department is not engaging in racial profiling since the figures generally fall at or around the percentages for the county and for the student population. Page 3 of 6 VA RA 2o/ Texas A &M University Police Department 2006 Racial Profiling Report Race and Ethnicity of All Traffic Stops Race COUNT I Asian 784 6.6% 2 African 867 7.3% 3 Native American 5 0.0% 4 Caucasion 9413 79.5% 5 Hispanic 765 6.5% 0.0% Total 11834 Race and Ethnicity of Traffic Stops Hispanic 6% Asian African 7% 7% Native American 0% Caucasian 80% Page 4 of 6 VOL UFACE aM Texas A&M University Police Department 2006 Racial Profiling Report Traffic Stops Resulting in Arrests Race COUNT I Asian 6 2 African 73 3 Caucasion 294 4 Hispanic 53 5 Native American 0 ARRESTS FROM TRAFFIC STOPS Native American 0% Asian 1 a% Hispanic African 12% 17% Caucasian 70% Page 5 of 6 Texas A&M University Police Department 2006 Racial Profiling Report Traffic Stops Where Searches Were Conducted Race COUNT 1 African B 2 Caucasion 20 3 Hispanic 3 4 Asian 0 5 Native American 0 Traffic Stops Where Searches Were Conducted Asian 0% Hispanic Native American 10% D% African 26% Caucasion 64% Race COUNT I African 8 2 Caucasion 20 3 Hispanic 3 4 Asian 0 5 Native American 0 Searches Where Consent was Granted Asian 0% Native American i panic 0% 0% African 26% asia n 64% Page 6 of 6 qa aa� Table DP -1. Profile of General Demographic Characteristics: 2000 Geographic Area: Brazos County, Texas [For information on confidentiality protection, nonsampling error, and definitions, see text] Subject Number Percent Subject Number Percent Total population .......................... 152,415 100.0 HISPANIC OR LATINO AND RACE Total population .......................... 152,415 100.0 SEX AND AGE Hispanic or Latino (of any race) ................ 27,253 17.9 Male ......... ............................... 76,983 50.5 Mexican.... ............................... 20,955 13.7 Female ....... ............................... 75,432 49.5 Puerto Rican ............................... 291 0.2 Under 5 years ............................... 9,488 6.2 Cuban ..... ............................... 155 0.1 5 to 9 years .. ............................... 8,922 5.9 Other Hispanic or Latino .................... 5,852 3.8 10 to 14 years ............................... 8,645 5.7 Not Hispanic or Latino ........................ 125,162 82.1 15 to 19 years ............................... 19,634 12.9 White alone. ............................... 100,647 66.0 20 to 24 years ............................... 34,863 22.9 RELATIONSHIP 25 to 34 years ............................... 22,170 14.5 Total population .......................... 152,415 100.0 35 to 44 years ............................... 17,391 11.4 In households. ............................... 139,070 91.2 45 to 54 years ............................... 13,165 8.6 Householder ............................... 55,202 36.2 55 to 59 years ............................... 4,544 3.0 Spouse .......... ......................... 22,821 15.0 60 to 64 years ............................... 3,370 2.2 Child....... ............................... 35,550 23.3 65 to 74 years ............................... 5,327 3.5 Own child under 18 years................ 29,193 19.2 75 to 84 years ............................... 3,472 2.3 Other relatives ............................. 7,158 4.7 85 years and over ............................ 1,424 0.9 Under 18 years......................... 2,491 1.6 Median age ( years ) ........................... 23.6 (X) Nonrelatives ............................... 18,339 12.0 Unmarried partner ....................... 2,003 1.3 18 years and over ............................ 119,680 78.5 In group quarters ............................. 13,345 8.8 Male ....... ............................... 59,942 39.3 Institutionalized population................... 2,458 1.6 Female ..... ............................... 59,738 39.2 Noninstitutionalized population ............... 10,887 7.1 21 years and over ............................ 95,777 62.8 62 years and over ............................ 12,206 8.0 HOUSEHOLD BY TYPE 65 years and over ............................ 10,223 6.7 Total households ......................... 55,202 100.0 Male ....... ............................... 4,099 2.7 Family households ( families ) ................... 30,390 55.1 Female ..... ............................... 6,124 4.0 With own children under 18 years.......... 15,376 27.9 Married - couple family ....................... 22,821 41.3 RACE With own children under 18 years.......... 11,281 20.4 One race ..... ............................... 149,409 98.0 Female householder, no husband present ..... 5,528 10.0 White ...... ............................... 113,479 74.5 With own children under 18 years .......... 3,354 6.1 Black or African American ................... 16,333 10.7 Nonfamiy households ........................ 24,812 44.9 American Indian and Alaska Native........... 548 0.4 Householder living alone .................... 14,069 25.5 Asian ...... ............................... 6,110 4.0 Householder 65 years and over............ 2,749 5.0 Asian Indian ............................. 1,579 1.0 Chinese .. ............................... 1,874 1.2 Households with individuals under 18 years ..... 16,732 30.3 Filipino ... ............................... 208 0.1 Households with individuals 65 years and over .. 7,231 13.1 Japanese . ............................... 165 0.1 Average household size....................... 2.52 (X) Korean ... ............................... 1,186 0.8 Average family size........................... 3.16 (X) Vietnamese .............................. 411 0.3 Other Asian' ............................ 687 0.5 HOUSING OCCUPANCY Native Hawaiian and Other Pacific Islander.... 104 0.1 Total housing units ....................... 59,023 100.0 Native Hawaiian .......................... 34 - Occupied housing units ....................... 55,202 93.5 Guamanian or Chamorro .................. 34 . Vacant housing units.......................... 3,821 6.5 Samoan .. ............................... Other Pacific Islander P 18 18 - - For seasonal, recreational, or ................... Some other race ........................... 12,835 8.4 occasional use............................ 393 0.7 Two or more races ........................... 3,006 2.0 Homeowner vacancy rate (percent) ............. 1.6 (X) Race alone or in combination with one Rental vacancy rate (percent) .................. 6.2 (X) or more other races: a HOUSING TENURE White ........ ............................... 116,074 76.2 Occupied housing units .................. 55,202 100.0 Black or African American ..................... 16,816 1"o Owner- occupied housing units ................. 25,160 45.6 American Indian and Alaska Native ............. 1,169 0.8 Renter-occupied housing units................. 30,042 54.4 Asian ........ ............................... 6,739 4.4 Native Hawaiian and Other Pacific Islander...... 211 0.1 Average household size of owner-occupied units. 2.80 (X) Some other race ............................. 1 14,542 9.5 1 Average household size of renteroocupied units. 2.28 1 (X) - Represents zero or rounds to zero. (X) Not applicable. ' Other Asian alone, or two or more Asian categories. Y Other Pacific Islander alone, or two or more Native Hawaiian and Other Pacific Islander categories. a In combination with one or more of the other races listed. The six numbers may add to more than the total population and the six percentages may add to more than 100 percent because individuals may report more than one race. Source: U.S. Census Bureau, Census 2000. 22 U.S. Census Bureau V0L a PAGE a�