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HomeMy WebLinkAbout2007-05-22-9:00AM-REGULARBRAZOSCOUNTY BRYAN, TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT ic `i "';Y i s? P 3: 5 4 THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON 22 MAY 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 Peters. 2. Call for citizen's input and/or concerns. Consider and take action on agenda items 3 — 29: 3. Request from Jail Administration for permission to purchase two additional mowers for a total of four (4) mowers, not to exceed the $12,000.00 currently budgeted. 4. Budget Amendment 06/07 -28.1 thru 06/07- 28.11. 5. Personnel Change of Status. 6. Payment of Claims. 7. Resolution 07 -009 in support of the Community Supervision and Corrections Department's application for Drug Court funding from the Criminal Justice Division of the Governor's Office; grant application number 1803303. 8. Memorandum of Agreement with Sentinel Offender Services to conduct a test program regarding electronic monitoring services. Term of agreement is 7/01/2007 through 6/30/2008. Office of the County Judge • 300 East 26" St. . Suite 114 . Bryan, Texas 77803 • Fax: (979) 361 -4503 Commissioners Court Agenda 22 May 2007 Page 2 9. Interlocal Agreement with the City of Bryan for property tax participation in Tax Reinvestment Zone No. 19. 10. Interlocal Agreement with the City of College Station for animal control services. Term of agreement is 10/01/2006 through 1/31/2007. 11. Texas VINE Annual Maintenance Grant contract for fiscal year 2008. 12. Contract with Satellite Shelters, Inc. for a temporary office trailer at the Exposition Complex construction site for the Complex director and support staff until their permanent offices are completed. 13. Qualified Replacement Benefit Arrangement and Adoption Agreement with the Texas County and District Retirement System. 14. Canvass of the 12 May 2007 Special Constitutional Amendment Election. 15. Request from the Auditor's Office for permission to write off outstanding account receivables. 16. Tax Refund Applications for the following: a. C & C Lawn Irrigation b. Consumer Technologies, Inc. c. Crawford Energy Operating d. Home Suite Home Inns of America (2) e. Cynthia Jones f Judith Ann Neff (3 ) g. The Roye Boys Partnership h. Stylecraft Builders, Inc. i. Ewing E. Brown, Jr. 17. Contract with Affiliated Telephones, Inc. for the telecommunication systems for the Sheriffs Administration Building, Exposition Complex and the County Administration Building. 18. Permission to enter into contract negotiations with Rosser, Patterson, Pledger and Kalkomey for architect/engineering services for the additions to the Brazos County Detention Center. 19. Permission to enter into contract negotiations with Turner Construction Company as Construction Manager at Risk for the additions to the Brazos County Detention Center. 20. Permission to award RFP 2007 -024, Depository for Brazos County, to Citibank for a period of four (4) years (5/31/2007 until 5/31/2011). 21. Declaration of surplus property as "salvage" that was advertised for sale in accordance with Local Government Code §263.152 and received no bids, and authorization for either destruction or other disposal. Commissioners Court Agenda 22 May 2007 Page 3 22. Requisition 00013990 in the amount of $12,000.00 for the capital purchase of four mowers from Ike's Small Engine for the Jail (pending approval of budget amendment 06/07 — 28.9). 23. Acceptance of a Special Warranty Deed from Macedonia Church for improvements to Old Reliance Road located in Precinct 2. 24. Bryan Texas Utilities' cost estimate of $14,214.17 to relocate an overhead electrical line (at the County's request) along Old Reliance Road to accommodate roadway improvements. Site is located in Precinct 2. 25. Request from Verizon Communications to construct a road bore and 60 feet of 25 pair buried cable installations in the right of way of Carrabba Road at its intersection with Wickson Ridge Drive (private); cable will be placed at a minimum depth of 30 inches. Site is located in Precinct 2. 26. Final Plat of Addison Point (Lots 1, 2 and 3), 6.11 acres, M. A. Foster survey, A -16, City of Bryan ETJ, Brazos County, Texas. Site is located in Precinct 2. 27. Request from Civil Development, Ltd. /Kent Laza (on behalf of developer /Jim Jett) to construct a road bore for an 8 -inch waterline (with encasement) in the right of way of Jones Road at its intersection with Emperial Loop (private). Site is located in Precinct 4. 28. Payment authorization in the amount of $281.28 to ACME Glass for payment of a broken window at the Sheriff's Department. Work was not authorized by Maintenance; therefore a purchase order was not in place at the time of the work. 29. Payment authorization in the amount of $126.00 to The Eagle for a citation by publication submitted by the District Attorney's Office. A purchase order was not in place for this 30. Announcement of interest items and possible future agenda topics. 31. Call for citizen input and/or concerns. 32. Agency / Board / Committee reports by Court members. 33. Adjourn The Brazos County Courthouse is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two business days before the meeting. To make arrangements, call (979) 361 -4102. q i,;:.r COMMISSIONERS' COURT REGULAR MEETING MAY 22, 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, May 22, 2007 with the following members of the Court present: Randy Sims, County Judge, Presiding; Lloyd Wassermann, Commissioner of Precinct 1; Duane Peters, Commissioner of Precinct 2; Kenny Mallard, Commissioner of Precinct 3; Carey Cauley, Jr., Commissioner of Precinct 4; Karen McQueen, County Clerk. The attached sheet contains the names of the citizens and officials that were in attendance. Commissioner Peters gave the invocation and then led the pledge of allegiance. There was no citizen input /and or concerns. The first matter before the Court was a request from the Jail Administrator for permission to purchase two additional mowers for a total of four (4) mowers not to exceed the $12,000.00 currently budgeted. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the request. Vol q � Page 10 Commissioners Court meeting May 22, 2007 2 The Court next considered Budget Amendment #06/07 -28.1 through 28.11 that would reallocate funds for the County Court at Law #1, Road and Bridge Department -Shop, Justice of the Peace, Precinct 4, County Attorney, Jail Administration, Capital Projects- Commissioners Court (3), County Judge; increase the revenue expenditure budget of the Sheriff's office and increase the revenue budget for HAVA. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the budget amendment as submitted, a copy of which is attached hereto. The Court proceeded to consider the change of status of employees as submitted on the attached Personnel Action Requests. On motion by Commissioner Cauley, seconded by Commissioner Wassermann, the Court voted unanimously to approve the changes as submitted. The Court next considered the following Claims as submitted by the County Treasurer for payment: 7031239 through 7031530 On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the Claims as submitted. On motion by the County Judge, seconded by Commissioner Cauley, the Court voted unanimously to adopt Resolution #07- Vol cl 4 Page 16A Commissioners Court meeting May 22, 2007 3 009 designating Arlene Parchman, Brazos County Community Supervision and Corrections Department Director as the authorized official who can apply for, accept, reject, alter or terminate the grant on behalf of the applicant agency and approves submission of the grant application for the Brazos County Drug Court to the Office of the Governor, Criminal Justice Division. The next matter before the Court was consideration of a Memorandum of Agreement between Brazos County and Sentinel Offender Services to conduct a test program to determine the feasibility of requiring eligible offenders to engage in electronic monitoring services as a result of alternative sentencing by the Brazos County Courts. Commissioner Cauley asked if the offenders would be required to pay for the services. The Sheriff replied that yes they would be required to pay for it and it will help alleviate over crowding in the jail. The service would be in effect for a period of one year. On motion by Commissioner Cauley, seconded by the County Judge, the Court voted unanimously to approve the Memorandum of Agreement. A copy is attached. The next matter for the Court's consideration was an Interlocal Agreement between Brazos County and the City of Bryan to participate in Reinvestment Zone Number Nineteen, Vol q q Page 103. Commissioners Court meeting May 22, 2007 4 City of Bryan, Texas called Burton Creek TIRZ. This is authorized by the Interlocal Cooperation Act, V.T.C.A. Government Code Chapter 791. Commissioner Peters pointed out that this would place a signal light at William Joel Bryan Parkway at the post office. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to authorize the County Judge to execute the document and enter into an Interlocal Agreement with the City of Bryan to participate in Reinvestment Zone Number Nineteen. A copy is attached. The next matter for the Court's consideration was an Interlocal Agreement between Brazos County and the City of College Station providing animal control services. This is authorized by the Interlocal Cooperation Act, V.T.C.A. Government Code Chapter 791. On motion by the County Judge, seconded by Commissioner Peters, the Court voted unanimously to authorize the County Judge to execute the document and enter into an Interlocal Agreement with the City of College Station for animal control services. The Court next considered the Texas VINE Annual Maintenance Grant for fiscal year 2008. This is a state wide system that will provide relevant offender release information, notification of relevant court settings or Vol 9q Page 1 o 4 Commissioners Court meeting May 22, 2007 5 events, promote pubic safety and support the rights of victims of crime. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the contract for fiscal year 2008 and authorize the County Judge to execute the document. A copy is attached. The next matter before the Court was approval of a Contractual Agreement between Brazos County and Satellite Shelters, Inc. for a temporary office trailer at the Exposition Center construction site. The office trailer will provide temporary office space for the Director and staff until the permanent office is completed at the end of August. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to enter into contractual agreement with Satellite Shelters, Inc. A copy of the contractual agreement is attached. The Court next considered the Qualified Replacement Benefit Arrangement and Adoption Agreement with the Texas County and District Retirement System. The Texas County and District Retirement System Qualified Replacement Benefit Arrangement is maintained solely for the purpose of providing for the payment of that portion of the annual retirement benefits that had been accrued by and would otherwise be payable with respect to a member of the Texas County and Vol q4 Page ibs Commissioners Court meeting May 22, 2007 6 District retirement System but for the limitation on the payment of benefits under Section 415(b) of the Internal Revenue Code of 1986, as amended. On motion by the County Judge seconded by Commissioner Peters, the Court voted unanimously to approve the agreement and authorize the County Judge to execute the document. A copy is attached. The Court proceeded to canvas the results of the Constitutional Amendment Election held May 12, 2007. The county Judge read aloud the proposition and vote count for it. In favor 5,461 Against 1,966 There were 7,722 votes cast in the election. On motion by the County Judge, seconded by Commissioner Peters, the Court voted unanimously to accept as true the county -wide totals as tabulated by the County's automated tabulating equipment and ordered the results to be certified to the Secretary of State and recorded in the Official Election Records of Brazos County. A copy of the election results as tabulated is attached hereto. The next matter before the Court was to consider a request from the Auditor's Office for permission to write off outstanding account receivables. There are two items, one for $96.80 and the second for $217.50. On motion by Commissioner Vol a 4 Page l 6 (p Commissioners Court meeting May 22, 2007 7 Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the request. The next matter for consideration was approval of tax refund applications from the following individuals and /or companies: a. C &C Lawn Irrigation, over payment $5.20 b. Consumer Technologies, Inc., over payment $23.04 c. Crawford Energy operating, over payment $28.21 d. Home Suite Home Inns of America (2), over payment $51.35, $38.82 e. Cynthia Jones, over payment $115.09 f. Judith Ann Neff (3), over payment $129.73,$7.05, $7.05 g. The Roye Boys Partnership, over payment $2.25 h. Style Craft Builders, over payment $125.00 i. Ewing E. Brown, Jr., over payment $100.00 On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to approve the tax refund applications. The next matter before the Court was approval of a Contractual Agreement between Brazos County and Affiliated Telephones, Inc. for the Telecommunications systems for the Sheriff's Administration Building, Exposition Center and the County Administration Building. The cost to Brazos County will be $91,978.08 plus applicable taxes. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to enter into contractual agreement with Affiliated Telephones, Inc. A copy of the agreement is attached. Vol 9 Page 10-7 Commissioners Court meeting May 22, 2007 g The next matter before the Court was granting permission for the Purchasing Department and the appointed committee for the additions to the Brazos County Detention Center to enter into contract negotiations with Rosser Patterson Pledger and Kalkomey for the Architect /Engineering Services for the additions to the Brazos County Detention Center. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to grant permission to enter into contract negotiations. The next matter before the Court was granting permission for the Purchasing Department and the appointed committee for the additions to the Brazos County Detention Center to enter into contract negotiations with Turner Construction Company as Construction Manager at Risk for this project. On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to grant permission to enter into contract negotiations. The next matter before the Court was to award RFP 2007- 024 Bank Depository for Brazos County. The Purchasing Department and the appointed committee for the RFP recommend Citibank. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to accept the recommendation of the Purchasing Department and appointed Vol q4 Page log Commissioners Court meeting May 22, 2007 9 committee and award the RFP to Citibank. The evaluation and grade sheet are attached. The Court next considered the declaration of surplus property as salvage. This property was advertised for sale in accordance with Local Government Code §263.152 and received no bids. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to declare the property as salvage and authorized its destruction or other disposal. A list of the property is attached. The next matter before the Court was consideration of requisition #00013990 to Ike's Small Engine in the amount of $12,000.00 for the purchase of four mowers. On motion by the County Judge, seconded by Commissioner Cauley, the Court voted unanimously to approve the requisition. The Court next considered acceptance of a Special Warranty Deed for right -of -way on Old Reliance Road in Precinct 2. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to authorize the County Judge to accept on behalf of Brazos County a Special Warranty Deed from Macedonia Church for the expansion and improvements to Old Reliance Road. The Court next considered acceptance of the Bryan Texas Utilities cost estimate of $14,214.17 for relocation of an Vol q 4 Page )69. Commissioners Court meeting May 22, 2007 10 overhead electrical line for improvements on Old Reliance Road in Precinct 2. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to accept the Bryan Texas Utilities cost estimate of $14,214.17 for relocation of an overhead electrical line on Old Reliance Road. The Court next considered the request from Verizon to construct a road bore and 60 feet of 25 pair buried cable installations in the right -of -way of Carrabba Road at its intersection with Wickson Ridge Drive. The cable will be placed at a minimum depth of 30 inches. 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 Verizon and authorized the work. The Court next considered approval of the Final Plat of Addison Point, Lots 1, 2 and 3, 6.11 Acres in Precinct 2. Richard Vance, County Engineer, stated that he had reviewed the plat and stated that all appeared to be in order. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the final Vol Page 1 1c) Commissioners Court meeting May 22, 2007 plat of the Addison Point, Lots 1, 2, and 3, 6.11 Acres as submitted. The next matter before the Court was a request from Civil Development, Ltd. /Kent Laza on behalf of Jim Jett Developer, to construct a road bore for an 8 inch waterline in the right- of-way of Jones Road at its intersection with Emperial Loop. The site is located in Precinct 4. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the request. The Court next considered a payment authorization in the amount of $281.28 to Acme Glass for payment of a broken window at the Sheriff's Department. No purchase order was obtained. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the payment authorization. The next matter before the Court was consideration of a payment authorization in the amount of $126.00 to The Eagle for a citation by publication submitted by the District Attorney's office. No purchase order was obtained. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the payment authorization. Under announcement of interest items and possible future agenda topics the following spoke: Vol q 4 Page I l Commissioners Court meeting May 22, 2007 Bill Jeanes, Risk Manager a) Informed the Court that Risk Management and the Human Resources Department were sponsoring a training session tomorrow on safety. The sessions will be held at 10:30 a.m. and at 2:00 p.m. Sheriff a) There were 559 inmates in jail last night. The jail inspector will be in next week. County Judge a) He has an appointment with the bond attorney tomorrow to discuss funding. There was no citizen input and /or concerns. 12 Under Agency /Board /Committee reports by Court members, the following spoke: Commissioner Mallard a) At the IGC meeting yesterday, they discussed legislative issues. Since they have been working together (the cities and the county)they have become more successful. Tom Quarles, Director of the Exposition Center a) He introduced Carl Kolbe, the new operations manager for the Exposition Center. There being no further business to come before the Court, the meeting was adjourned. Vol a 4 Page i i a The foregoing minutes of the Commissioners Court meeting held May 22, 2007 have been examined and are approved in open Court this the !S day of 2007, in Bryan, Brazos County, Texas. C� c Duane Peters Commissioner, Precinct 2 Carey Ca ley, Jr. Commissioner, Precinct /4 Attest: c (17e Karen McQueen County Clerk Vol q � Page 1 l 3 OUST41 - Lloyd Wassermann Commissioner, Precinct 1 Kenny Mall Commissione , Precinct 3 Pg J—,Of � BRAZOSCOUNTY COMMISSIONER'S COURT AM/PM9 Name (PLEASE PRINT) Lric 'P-JP,rsa-vi Organization (PLEASE PRINT) csC-,\, t4f qt- ('s vi, co . j � °N i ►. .� dr, Pg —L of a BRAZOSCOUNTY COMMISSIONER'S COURT as "YDAY OF , 20 07 ?:90 AM/PM9 Name (PLEASE PRINT) X10 M& j" I7, Organization (PLEASE PRINT) Se,> e 4 BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2006 -2007 BUDGET YEAR NO. 06/07-28.1 thru 06/07 -28.11 On this the 22 "d day of May 2007 at a regular meeting of the Commissioners' Court, the following members were present: Randy Sims, County Judge, Presiding Lloyd Wassermann, Commissioner, Precinct 1 E. Duane Peters, Commissioner, Precinct 2 G. Kenny Mallard, Commissioner, Precinct 3 Carey Cauley, Jr., Commissioner, Precinct 4 Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on 22 May 2007 the Court heard and approved a budget amendment for the 2005 -2006 budget year for Brazos County, Texas; and WHEREAS, an expenditure is necessary due to the necessity to meet unusual and unforeseen conditions which could not be reasonably included in the original budget adopted 12 September 2006, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 22 "d day of May 2007. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. M Randyyms, County Judge Original: County Clerk's Office and attached to the original budget Copies: County Auditor County Treasurer Commissioners' Court Minutes �hai i r BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 06/07 - 28.1 FD I DIV I ACCT I PROJ IDR/CRI ACCOUNT NAME I Increase Decrease 101001230001001 67342000 1 1 CR I Furniture 1 1,051.12 0100 23000100. 60360000 1 1 DR IFumiture 1 1.051.12 County Court At Law #1: To reallocate budget. It is for the reclassification of expenditures. The furniture costs should be the charged to line item 60360000 if ithe unit cost is less than $500.00_ y 1 ! I-T 1 d S4 y� W 1 7 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 06/07 - 28.2 5/22/2007 FD I DIV I ACCT I PROJ IDR/CRI ACCOUNT NAME Increase Decrease 101001560020001 65720000 CR IR&B -Shop Supplies 624.00 0100 56002000 67286000 DR ]Equipment- Other 1 674001 vap K uuV O - IJLV To reallocate budget. It is for the reclassification of ex enditures. The expenditure of an air jack should have been charged to equipment - other line item. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 06/07 - 28.3 5/22/2007 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 06/07 - 28.4 5/22/2007 ■y7�� 1 ' IYA 1 11- ':1 11 -m - - • - 1 11- 1 11 X111 11 • 1111 �' • • - i - 11- 1 11 X111 11 • 1 111 -m • • - • ;• 11- _ Ni r ' O BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 06/07 - 28.5 5/22/2007 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 06/07 - 28.6 5/22/2nm BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 06/07 - 28.7 5/22/2007 W i4 • , t i. �' a� Y y,{ qq 1�-3 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 06/07 - 28.8 cnIMAA^ FD 4500 4500 4500 DIV 63000500 63000500 6300050 ACCT 60500000 80286000 67286000 PROJ DR/CR ACCOUNT NAME Increase CR Office L'_­*____, DR E ui ment - Other 69.00 DR E ui ment -other 353.00 Decrease 422.00 Ca ital Pro'ec -- - Commissoners' Court: To reallocate bud et to cover the shortage in Brazos Center's bud et fore ui ment - other line item in hnth __j .. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 06/07 - 28.9 5/22/2007 FD 4500 4500 DIV 63000500 63000500 ACCT 80286000 67286000 PROJ DR/CR CR DR ACCOUNT NAME E ui ment - Other E ui ment -other Increase Decrease 800.00 800.00 Ca ital Pro'ects - Commissoners' Court: To reallocate bud et for the --chase of two mowers for the Jail Administration. The ammint was BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 06/07 - 28.10 eioo i1nnn FD 4500 4500 DIV ACCT 6300050 80293000 63000500 60360000 PROJ DR/CR CR DR �i rri rvv i ACCOUNT NAME Increase E ui ment - Ex Center Furniture 3,157.11 Decrease 3,157.11 Canital Prn :aria BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 06/07 - 28.11 5/22/2007 FD 0100 0100 DIV 10000100 10000100 ACCT PROJ 51300000 51730000 DR/C CR DR ACCOUNT NAME Increase Sal - Staff Cell Phone Allowance 160. 00 Decrease 160.00 Coun Jud e's Office: To reallocate bud et for the `!.phone allowance for the new budget officer. It is contin ent u on the a roval of the cell phone allowance by the Commissioners' Court which re uest is a se arate a enda item laced before the bud et amendments. PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: May 22, 2007 Department Providing Information: Human Resources Purpose: Consider and Take Action on Change Reque! Department Submitting Employee Name Action Requested Request(s) District Clerk Deno, Kathleen Retirement Juvenile Services Box, Gary New Hire Road & Bridge Edwards, John A. Promotion Eldridge, Shawn L. Promotion McCord, Ronald G. Resignation S.O. /Jail Canterberry, Marshall T. New Hire Velasquez, Dennis New Hire Tax Office Rodriquez, Rhonda J. New Hire Approved in Commissioners' Court: May 22,'. County Judge's or Commissioner's Signature: (This copy to be attached to minutes) q 4 l a8 Brazos County Bryan, TX RESOLUTION WHEREAS, the Brazos County Commissioners Court finds it in the best interest of the citizens of Brazos County that the Brazos County Drug Court be operated for the 2008 Fiscal Year, September 1, 2007 — August 31, 2008; and WHEREAS, the Brazos County Commissioners Court agrees that in the event of loss or misuse of the Criminal Justice Division funds, the Brazos County Commissioners Court assures that the funds will be returned to the Criminal Justice Division in full; and WHEREAS, the Brazos County Commissioners Court designates Arlene Parchman, Brazos County Community Supervision and Corrections Department Director, as the grantee's authorized official. The authorized official is given the power to apply for, accept, reject, alter or terminate the grant on behalf of the applicant agency. NOW THEREFORE, BE IT RESOLVED that the Brazos County Commissioners Court approves submission of the grant application for the Brazos County Drug Court to the Office of the Governor, Criminal Justice Division. Passed and approved this day of 1 -ILLI /` Signed bW��/ Randy Sims, Lloyd Wassermann, Pr n :,, ct 1 Commissioner otl Duane Peters, Precinct 2 ommissioner Kenny Mallard, ecinct 3 Co issioner Carey Caule 11 Jr., Precinct 4 C) mrr�i sl ne? Grant Application Number: 18033 -03 Resolution #07 -009 MEMORANDUM OF AGREEMENT between the BRAZOS COUNTY and SENTINEL OFFENDER SERVICES The Brazos County Office of the Sheriff (the County) and Sentinel Offender Services (the Company) have entered into an agreement to conduct a test program to determine the feasibility of requiring offenders to engage the Company to provide, at their own expense, necessary electronic monitoring services. Sentinel Offender Services is a vendor possessing competence, expertise, and personnel necessary to provide electronic monitoring services to offenders. Therefore, the County desires to participate in a test program with Sentinel Offender Services for a period of one year. Management of this program will be guided by the general guidelines found herein. 1) The test program shall run from July 1, 2007 until June 30, 2008 and shall be conducted in the County of Brazos, State of Texas. 2) Electronic Monitoring services shall be provided to all offenders referred by the County unless otherwise agreed upon in writing and shall incorporate a test population of 50 to 150 active participants. 3) Offenders participating in this program shall pay the Company at a rate derived from a sliding scale fee assessment of gross household income. 4) The County shall approve the fee assessment scale used by the Company. 5) A mutually agreed upon reporting schedule for the notification of violations shall be developed and implemented. 6) All employees of the Company shall be of good character and professionally competent. 7) The supervision of all offenders shall remain exclusively within the purview of the County. 8) The Company agrees to hold harmless the County and its employees and agents for all acts and omissions related to this agreement. 9) The County agrees to hold harmless the Company and its employees and agents for all acts and omissions related to this agreement. Of � 1,30 10) This agreement may without cause be terminated upon 30 days written notice by either party. 11) The Company shall be solely responsible for securing and maintaining adequate levels of health and liability insurance for its employees and agents. 12) The Company's point of contact for all matters relevant to this agreement shall be the County's Program Director (TO BE DETERMINED). 13) The selection of offenders to participate in this program shall be determined by the department and compatible with the welfare of society and shall not be governed by the ability of the offender to pay for services provided by the Company. 14) The County desires to supervise a certain portion of their offenders in an Electronic Monitoring (EM) program consisting of one or more of the following technologies; Global Positioning Satellite (GPS), Radio Frequency (RF), Remote Alcohol Testing. When using the technology, the customer shall be responsible for all supervision and tracking, including without limitation, in the case of GPS services, monitoring the offender through one of the (3) three different levels of monitoring provided by the company. 15) Once ability to pay for services has been assessed, offenders will be subject to revocation for willful non - payment of services if payments become 10 days late. 16) The Company will monitor conditions of compliance with County order via scheduled meetings with each participant, and report all issues of non - compliance to the supervising officer for resolution. 17) Company will maintain individual case files on all participants for review by the supervising officer and in order to provide documentation for the use in enforcement or revocation matters. 18) Limitation of Liability Disclaimer. Customer acknowledges that it is solely responsible for the decision to use the Services and all decisions regarding the selection of third parties that will have access to or contact with the Services, including, without limitation, probationers, juveniles and Customer's employees. Sentinel disclaims any and all responsibility or liability for customer's decisions described in this section. Service Availability. The Customer acknowledges that Sentinel's ability to provide the Services effectively is dependent on factors outside of its control, including without limitation, prompt reporting by Customer of observed defects or deficiencies in any equipment assigned to or retrieved from participant offenders, proper maintenance of equipment by Customer, extended power _I 1 13) outages, disconnection or other loss/interruption of telephone lines, operation of wire line and wireless networks, internet connectivity, and scrambling, interruption, suspension, or other interference in the transmission of radio signals or signals to or from global positioning satellites. Accordingly, Customer acknowledges that Sentinel is making no representation or warranty that the provision of Services will be made available without interruption or will operate error- free. Sentinel does not warrant that the services will be available on a specified date or time or that the services will function on an error -free basis. At any given time, the equipment or software used in connection with this agreement may malfunction and failures in the services may occur from time to time. Customer agrees that sentinel will not be liable for any damages or harms, including, without limitation, property damage, personal injury, bodily injury, illness or death, that customer or customer's employees, agents or other affiliates may incur arising out of sentinel's operations or its provision of or failure to provide the services. Limitation of damages. Except for breach of any confidentiality or privacy obligations, neither party, nor any of its officers, directors, shareholders, employees, agents, independent contractors, representatives, or affiliates shall be liable to the other party or any of its officers, directors, shareholders, employees, agents, independent contractors, representatives, or affiliates for punitive, special, consequential, incidental, or indirect damages including, without limitation, lost profits, arising in connection with the services, even if such party has been advised of the possibility of such damages. 19) A steering committee will be formed to oversee the progress of the program, consisting of at least one County operational supervisor and a Company representative. /tom(/ J Randy - nis, County Judge Date Brazos J26unty Commissioner's Court All � o stopher Kir Sheriff Dat Brazos County Office of the eriff - au 506W-- ,F 07 Mark Contestabile, Vice resident, Eastern Operations Date Sentinel Offender Services, LLC THE STATE OF TEXAS COUNTY OF BRAZOS INTERLOCAL AGREEMENT THIS INTERLOCAL AGREEMENT ( "Agreement ") is made by and between the CITY OF BRYAN, TEXAS (the "City "), a municipal corporation and home -rule city of the State of Texas, acting by and through its governing body, the City Council, and BRAZOS COUNTY, TEXAS ( "Brazos County "), acting by and through its governing body, the Commissioners Court. This Agreement is made pursuant to Chapter 791 of the Texas Government Code and Chapter 311 of the Texas Tax Code for the participation of Brazos County in REINVESTMENT ZONE NUMBER NINETEEN, CITY OF BRYAN, TEXAS ( "Bryan Reinvestment Zone Number Nineteen "), a reinvestment zone to be created by the City pursuant to Chapter 311 of the Texas Tax Code. Section 1. DEFINITIONS. As used in this Agreement, the following terns shall have the meanings set out below: "Agreement" means this agreement between the City and Brazos County. "Agreement Term" is defined in Section 5. "Brazos County" is defined in the preamble of this Agreement and includes its successors and assigns. "Brazos County Ad Valorem Tax Rate" means the then current ad valorem tax rate of Brazos County, Texas. "Brazos County Tax Increment Participation" means the amount of the Brazos County ad valorem tax levy on the Captured Appraised Value, which Brazos County agrees to contribute to the Bryan Reinvestment Zone Number Nineteen pursuant to Sections 3 and 5 of this Agreement. "Bryan Reinvestment Zone Number Nineteen" means Reinvestment Zone Number Nineteen, City of Bryan, Texas, to be created by the City over the Bryan Reinvestment Zone Number Nineteen Area. "Bryan Reinvestment Zone Number Nineteen Area" shall mean the area of the City to be included in Bryan Reinvestment Zone Number Nineteen, being substantially as described in Exhibit "A" attached hereto. "Captured Appraised Value" means the captured appraised value of the Bryan Reinvestment Zone Number Nineteen, as defined by Chapter 311, Texas Tax Code. q4 133 "CLty" is defined in the preamble of this Agreement and includes its successors and assigns. "City's Tax Increment Participation" shall mean an amount equal to one hundred percent (100 %) of the ad valorem taxes collected by the City each year during the duration of Bryan Reinvestment Zone Number Nineteen on the Captured Appraised Value of real property within the Bryan Reinvestment Zone Number Nineteen. "Plan" means the project plan and reinvestment zone financing plan for the Bryan Reinvestment Zone Number Nineteen which shall be adopted by the board of directors of the Bryan Reinvestment Zone Number Nineteen and approved by the City Council of the City. "Tax Increment Fund" means the tax increment fund created by the City in the City Treasury for the Bryan Reinvestment Zone Number Nineteen. Terms used herein and not otherwise defined shall have the meanings ascribed to them in Chapter 311, Texas Tax Code. Section 2. PURPOSE FOR CREATING THE ZONE. The City proposes to create the Bryan Reinvestment Zone Number Nineteen for the purposes of development in the Bryan Reinvestment Zone Number Nineteen Area as more specifically described in the Plan. Brazos County desires to participate in the Bryan Reinvestment Zone Number Nineteen in consideration for the agreements set forth below. Section 3. OBLIGATIONS OF BRAZOS COUNTY. (a) Tax Increment Participation. For and in consideration of the agreements of the parties set forth herein, Brazos County agrees to participate in the Bryan Reinvestment Zone Number Nineteen by contributing one hundred percent (100 %) of the ad valorem taxes collected by Brazos County each year during the term of this Agreement on the Captured Appraised Value of real property within the Bryan Reinvestment Zone Number Nineteen less that portion of the ad valorem taxes pledged by Brazos County to debt service. Currently, the tax rate upon which the Brazos County Tax Increment Participation would be determined is based upon a tax rate equal to thirty-nine and 30/100 (39.30¢) per one hundred dollars valuation. However, the tax rate and the portion of the tax rate pledged directly to debt service are subject to change and the Brazos County Tax Increment Participation herein pledged shall change as both Brazos County's tax rate and tax rate pledged to debt service changes. (b) Payment Dates. Brazos County's Tax Increment Participation and obligation to participate in the Bryan Reinvestment Zone Number Nineteen shall be restricted to its tax increment collected on the Captured Appraised Value in the Bryan Reinvestment Zone Number Nineteen. Brazos County shall not be obligated to pay its Brazos County Tax Increment Participation from other Brazos County taxes or revenues or until the Brazos County Tax Increment Participation in the Bryan Reinvestment Zone Number Nineteen is actually collected. The obligation to pay the Brazos County Tax Increment Participation shall commence as taxes representing the Brazos County tax increment are collected by Brazos. County and payment shall be due fifteen (15) days after collection. (c) Expansion of the Zone. The obligation of Brazos County to participate in the Bryan Reinvestment Zone Number Nineteen is limited to (i) the area described in Exhibit "A" attached hereto and (ii) the projects set forth in the Plan. Brazos County's participation shall not extend to the tax increment on any additional property added to the Bryan Reinvestment Zone Number Nineteen by the City unless Brazos County approves the participation. (d) Representation on Board of Directors. Brazos County shall have the unequivocal right to appoint to and maintain one (1) member on the Bryan Reinvestment Zone Number Nineteen Board of Directors. Failure of Brazos County to appoint a person to the Board of Directors of the Bryan Reinvestment Zone Number Nineteen shall not be deemed a waiver of Brazos County's right to make an appointment by a later date. (e) Reimbursement of Creation Expenses. Brazos County shall be entitled to reimbursement for its actual costs associated with the creation of the Bryan Reinvestment Zone Number Nineteen, in accordance with the Plan. Section 4. FINANCING ISSUES. (a) Approval of Plan. The parties agree that Brazos County, acting through its County Commissioners Court, shall be permitted to review and approve the Plan and any amendment to the Plan including, without limitation, the elimination of projects described in the Plan as originally approved, before the Plan, or any amendment to the Plan, is submitted to the City Council for City approval. Failure to approve the Plan or any amendments or changes thereto shall permit the County to terminate its participation in Bryan Reinvestment Zone Number Nineteen. (b) Financing of Project Costs. Brazos County shall participate in the payment of project costs only to the extent and in the priority described in the Plan. The City and the Board of Directors of Bryan Reinvestment Zone Number Nineteen shall be entitled to enter into any other agreements to pay the principal and interest on bonds or other obligations issued by the City as described in the Plan, from the tax increments paid into the Tax Increment Fund by the City without the consent of Brazos County. The City and the Bryan Reinvestment Zone Number Nineteen reserve the right to impose yield restrictions and enter into covenants with the holders of bonds and notes of the City and/or the Bryan Reinvestment Zone Number Nineteen with respect to the investment and reinvestment of funds received from Brazos County's participation if, in the opinion of nationally recognized bond counsel, such action is necessary to avoid being classified as "arbitrage bonds" under the provisions of the Internal Revenue Code of 1986. Section 5. TERM OF AGREEMENT. This Agreement shall become effective as of the date of the final signature hereto, and shall remain in effect until the earlier of (i) August 1, 2013, (ii) the date on which the Plan has been fully implemented and all Project Costs (as defined in q` . 135 Texas Tax Code §311.002, and as may be further limited in the Plan), tax increment bonds, interest on such tax increment bonds payable from tax increment collected on the Captured Appraised Value of the real property within the Bryan Reinvestment Zone Number Nineteen have been paid in full. The first payment of increment taxes by Brazos County under this Agreement shall be for those taxes as levied by Brazos County in the year 2008 and, notwithstanding the preceding paragraph, the last payment by Brazos County under this Agreement is for those taxes levied by Brazos County in the year 2012. Section 6. OBLIGATIONS OF THE CITY. (a) Tax Increment Participation. For and in consideration of the agreements of the parties set forth herein, the City agrees to participate in the Bryan Reinvestment Zone Number Nineteen by contributing the City's Tax Increment Participation. The City's participation is subject to changes in its tax rate. (b) Payment Dates. The obligation to pay the City Tax Increment Participation shall commence as taxes representing the City tax increment are collected by the City and payment shall be due fifteen (15) days after collection. Section 7. MISCELLANEOUS. (a) Severability. In the event any term, covenant or condition herein contained shall be held to be invalid by any court of competent jurisdiction, such invalidity shall not affect any other term, covenant or condition herein contained, provided that such invalidity does not materially prejudice either Brazos County or the City in their respective rights and obligations contained in the valid terms, covenants or conditions hereof. In the event any term, covenant or condition shall be held invalid and affects in any manner the limitations on Brazos County's contributions or participation, then this Agreement shall be void as to Brazos County and Brazos County shall have no liability for any incremental or other payments as may otherwise be provided for in this Agreement. (b) Entire Agreement. This Agreement merges the prior negotiations and understandings of the parties hereto and embodies the entire agreement of the parties, and there are no other agreements, assurances, conditions, covenants (express or implied) or other terms with respect to the covenants, whether written or verbal, antecedent or contemporaneous, with the execution hereof. (c) Written Amendment. Unless otherwise provided herein, this Agreement may be amended only by written instrument duly executed on behalf of each party. (d) Notices. All notices required or permitted hereunder shall be in writing and shall be deemed delivered when actually received or, if earlier, on the third (3rd) day following deposit in a United States Postal Service post office or receptacle with proper postage affixed (certified mail, return receipt requested) addressed to the respective other party at the address prescribed below, or at such other address as the receiving party may have theretofore prescribed by notice to the sending party. ` I3( The initial addresses of the parties, which one party may change by giving written notice of its changed address to the other party, are as follows: CCi David Watkins City Manager City of Bryan 300 South Texas Avenue Bryan, TX 771003 Brazos County Judge Randy Sims Brazos County Judge Brazos County Courthouse Bryan, TX 771003 (e) Non - Waiver. Failure of any party hereto to insist on the strict performance of any of the agreements herein or to exercise any rights or remedies accruing hereunder upon default or failure of performance shall not be considered a waiver of the right to insist on, and to enforce by any appropriate remedy, strict compliance with any other obligation hereunder or to exercise any right or remedy occurring as a result of any future default or failure of performance. (f) Assignment. Except for the City's right to assign and delegate this Agreement and the performance of obligations to the Board of Directors of Bryan Reinvestment Zone Number Nineteen, no party shall assign this Agreement by operation of law or otherwise without the prior written consent of the other parties and no party shall delegate any portion of its performance under this Agreement without the written consent of the other parties. (g) Successors. This Agreement shall bind and benefit the parties and their legal successors. This Agreement does not create any personal liability on the part of any officer or agent of the City or Bryan Reinvestment Zone Number Nineteen or any trustee, officer, agent or employee of Brazos County. (h) No Waiver of Immunity. No party hereto waives or relinquishes any immunity or defense on behalf of itself, its trustees, officers, employees, and agents as a result of its execution of this Agreement and performance of the covenants contained herein. (i) Waiver of Sixty (60) Day Notice Requirement. Brazos County hereby acknowledges and represents that it waived the notice requirements with respect to the public hearing held by the City in accordance with the provision of Section 311.003(e) of the Texas Tax Code. IN WITNESS HEREOF, the City and Brazos County have made and executed this Agreement in multiple copies, each of which is an original. q4 I S7 CITY OF BRYAN , Mayor Date ATTEST /SEAL: tg-,r 4i�,� & - (q -o7 City Secretary Date APPROVED AS TO FORM: City Att ey Date APPROVED AS TO SUBSTANCE: City Manager ate Brazos Qdunty Judge Date ATTEST: County Clerk Date G4 138 Vf r INTERLOCAL AGREEMENT FOR ANIMAL CONTROL SERVICES THE STATE OF TEXAS COUNTY OF BRAZOS THIS AGREEMENT is made and entered into by and between the CITY OF COLLEGE STATION, TEXAS, a Texas Home -Rule Municipality (hereinafter referred to as "City"), and BRAZOS COUNTY, TEXAS, on behalf of its Sheriffs Department (hereinafter referred to as "Client'). I. RECITALS WHEREAS, CHAPTER 791 of the TExAs GOVERNMENT CODE, also known as the INTERLOCAL COOPERATION ACT, authorizes all local governments to contract with each other to provide a governmental function or service that each party to the contract is authorized to perform individually and in which the contracting parties are mutually interested, such as police protection and public health and welfare; and WHEREAS, College Station is a Home -Rule Municipal Corporation organized under the laws of Texas and is authorized to enter into this Agreement pursuant to ARTICLE II, SECTION 5 Of its CITY CHARTER; and WHEREAS, the Brazos County Sheriffs Department, Brazos County, Texas, is duly organized and functioning in accordance with the laws of the State of Texas; and WHEREAS, City and Client represent that each is independently authorized to perform the functions contemplated by this Agreement; and WHEREAS, the City operates Animal Control Services in its police department for the purpose of reducing general animal control problems in the City, including, but not limited to, protecting its citizens from the dangers and problems associated with free roaming animals; and WHEREAS, the Client currently has a need for such Animal Control Services and is not equipped to render such services; and WHEREAS, each party has sufficient funds available from current revenues to perform the functions contemplated by this Agreement; and WHEREAS, both the City and Client find it mutually desirable to enter into this Agreement. Page I of 6 O:ICity Council PacketslCounty ACO 1LATinalAnnnal Control Services greewnt 01- 21- 07,doc 02- �za�N �` i3 NOW, THEREFORE in consideration of the mutual benefits and promises each to the other made herein, the parties named above do hereby agree as follows: II. DEFINITIONS A. Animal: As used in this agreement, "animal" shall mean domesticated dogs and cats. B. Animal Control Services: "Animal Control Services" shall mean the services provided by the City in response to a Client - Related Animal Call that are necessary to effectively carry out an animal control program for the Client. Animal Control Services shall include: the humane capture of stray, unrestrained, homeless, abandoned, or unwanted animals and the humane transportation of captured animals to the Animal Shelter; response to calls regarding wild animals that have entered a person's residence; response to calls regarding animal bites and scratches, including the initial investigation of such incidents; and the capture of a biting animal for state - mandated rabies quarantine observation by the Local Rabies Control Authority. Animal Control Services do not include trapping nuisance animals, wild animals, horses, or livestock or removal of deceased animals. The City shall also not be responsible for conducting cruelty investigations. C. Animal Shelter: "Animal Shelter" shall mean the facility known as the Brazos Animal Shelter, hic. currently located at 2207 Finfeather Road in Bryan, Brazos County, Texas that keeps or legally impounds stray, homeless, abandoned, or unwanted animals. D. City: "City" shall mean the City of College Station, Brazos County, Texas, with its offices located at 2611 Texas Avenue, College Station, Brazos County, Texas. E. Client: "Client" shall mean Brazos County, acting by and through its Sheriff's Department, with its offices located at 300 East 26a' Street, Bryan, Brazos County, Texas. F. Client - Reported Animal Call: "Client- Reported Animal Call" shall mean calls made by the Client to the City's College Station Police Department dispatch to request Animal Control Services. G. Any word or phrases not specifically defined herein shall have as its meaning the ordinary and commonly understood meaning except for specific animal control or veterinary terms. III. CITY'S OBLIGATIONS A. City agrees to provide and has provided to Client, Animal Control Services from October 1, 2006, until January 31, 2007, for all Client - Reported Animal Calls occurring in areas located in Brazos County as depicted in the diagram attached herein as Exhibit A and further defined as the geographical area South of University Drive/FM 60 to the South Page 2 of 6 O: (City Council PacketslCounty ACO ILATinal Animal Control Se e greemeni 01- 21 -07.doc LM Brazos County limits and being further defined by the east boundary of FM 158 /STHWY 30 to the Navasota River. B. The City will dispatch at least one (1) Animal Control Officer in response to a Client - Reported Animal Call, so long as there is at least one (1) animal control officer "on- duty". If there is no Animal Control Officer on duty, the City's dispatch will notify Client. In that event, a sheriffs deputy may respond to the call, determine if the call is an emergency and notify the City of emergency calls. The City will then provide at least one (1) Animal Control Officer to respond to the emergency call. All Client- Reported Animal Calls to report animal bites and scratches will be considered an emergency call requiring no confirmation from a sheriffs deputy, and the City will dispatch at least one (1) Animal Control Officer to respond. C. City will respond only to calls directly reported by the Client to the City. The City will refer all other requests for Animal Control Services directly to the Client. D. City agrees to transport all captured animals to the Animal Shelter, provided, however, that wild animals may be released back into their natural habitat. E. To the extent permitted by law, and as provided by the Public Information Act, TExAs GOVERNMENT CODE, ch. 552, as amended, City agrees to keep confidential any rabies Vaccination Certificate information provided by the Client. IV. CLIENT'S OBLIGATIONS A. Client agrees to receive all calls for Animal Control Services from citizens in the Brazos County area as defined above, to determine if Animal Control Services are needed, and if so, to initiate Client - Reported Animal Calls. Client shall not direct or advise citizens to call the City for Animal Control Services. B. Client shall fully cooperate with City in the provision of Animal Control Services, including but not limited to, furnishing: any and all information in its possession about the ownership of a suspected rabid animal, including rabies Vaccination Certificates maintained by any department of the Client; any history of the animal; the name and address of any person reporting an animal bite or scratch; the name and address of any possible victims of an animal bite or scratch; and the name and address of any person believed to own an animal which the Client has called the City to capture or remove. C. Client agrees to furnish information to City in a timely and expeditious manner. D. Client agrees to assist with the apprehension of any animal in appropriate situations and, if necessary, to dispatch a Sheriff s deputy to assist. Page 3 of 6 0 :• City Council Pack eWCounty ACO ILA Wiwi Animal Control Services Agreement 01- 17 -07.doc E. Client agrees to file all criminal or civil charges, in the appropriate court, for any violations of Client's rules and regulations or for any violations of State Statutes, at the sole discretion of the Client. F. Client agrees to pay all fees associated with the impoundment, testing, medical treatment or final disposition of any animal; for any product or service provided by the Animal Shelter; and for any product or service provided by any person other than the City. V. CONSIDERATION A. In consideration for the City's performance of the duties listed herein, the Client will pay the City an amount based on the City's budgeted expenses and the Client's share of activity related to those expenses. The Client shall pay the City for the services as delineated in this contract in the following manner: B. Client will pay a total amount to the City of eleven thousand, four hundred and No /100 Dollars ($11,400.00) no later than twenty (20) days from the Effective Date of this Agreement, as payment for Animal Control Services performed by the City from October 1, 2006, through January 31, 2007. VI. REPORTS A. City shall submit a comprehensive final report of all Animal Control Services to Client within thirty (30) days of the termination of this contract. City shall provide to Client, upon request, a copy of any other report not confidential by law or contract, which it may be required to prepare and submit to any federal, state, or other jurisdiction in the course of its animal and rabies control activities. City shall also render to Client at reasonable intervals, such reports and accounting as Client from time to time may require; provided however, if such request becomes burdensome, City may invoice for the cost of preparation of such reports. B. City agrees to retain any records it makes in compliance with this Agreement for a period of three (3) years after the ultimate termination of the Contract. VII. TERMINATION This Agreement shall be effective from October 1, 2006, through January 31, 2007. Client has given notice to City that this agreement shall terminate on January 31, 2007, and Client shall assume responsibility for its own animal control operation. Page 4 of 6 O: ICny Council PackeWCounty ACOILA(Final Animal Control Services greement01- 21- 07.doc VIII. INDEMNITY A. Subject to the limitations as to liability and damages in the Texas Tort Claims Act and without waiving its governmental immunity, each Party agrees to hold harmless each other, its governing board, officers, agents and employees for any liability, loss, damages, claims or causes of action caused or asserted to have been caused directly or indirectly by any other Party to this Agreement, or any of its officers, agents or employees, or as the result of its performance, or any of its officers, agents or employees, under this Agreement. IX INDEPENDENT CONTRACTOR A. The City shall be responsible for the Animal Control Services contemplated under this Agreement. The City shall supply all materials, equipment, tools, transportation, and labor required for or reasonably incidental to the performance of Animal Control Services. The City shall have ultimate control over the execution of the work under this Agreement. The City shall have the sole obligation to employ, direct, control, supervise, manage, discharge and compensate all of its employees. B. The City shall retain personal control and shall give its personal attention to the faithful prosecution and completion of its services and fulfillment of this Agreement. X. GENERAL PROVISIONS A. Severability Clause: The parties intend for the various provisions of this Agreement to be severable so that the invalidity, if any, of any one section (or more) shall not affect the validity of the remaining provisions or sections. B. This document may be executed in any number of original signature counterparts, each of which shall for all purposes be deemed an original, and all such counterparts shall constitute one and the same document. C. Each party has the full power and authority to enter into and perform this Agreement, and the person signing this Agreement on behalf of each party has been properly authorized and empowered to enter into this Agreement. The persons executing this Agreement hereby represent that they have authorization to sign on behalf of their respective entity. D. This Agreement shall be interpreted in accordance with the laws of the State of Texas and in Brazos County, Texas. E. This Agreement represents the entire agreement of the parties and supersedes any verbal or written representations of, to or by the parties to each other. Page 5 of 6 O: ICay Council PackeislCounty ACOILATmal Animal Control Services Agreement 01- 11- 077(jdocc F. Notices to either party shall be sufficient if sent in writing, postage pre -paid, registered or certified mail to the Chief Administrative Officer of the party at the address on file of either party for that Officer. G. It is understood and agreed that this Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. BRAZOS C(UJNTY/J CITY OF COLLEGE STATION Randy SX, Brazos County Judge ATTEST: APPROVED: City M &er¢ r^�I '�lV k1NatM1e`,imrry vmn �mnmvnr...: By: (: � � 7-2 J"; Ron Silvia, a or Date: S'V ^d'7 ATTEST: Connie Hooks, City Secretary Page 6 of 6 �-7 2°d% Date D 5§-7 b Date J Date O: ICiry Comed PacketslCounty ACO ILA WinalAnitnal Control Servic[e,¢/,� etnent 01 -2 - 0L7{).dQ� College Station - Animal Control Service Area .q% _` ar„ ii OFFICE of the ATTORNEY GENERAL GREG ABBOTT Texas VINE Annual Maintenance GRANT CONTRACT Fiscal Year 2008 Brazos County SAVNS GRANT CONTRACT Maintenance Contract THIS GRANT CONTRACT, including all attachments, exhibits and schedules attached hereto and incorporated herein by reference (the Agreement), is made and entered into by and between Brazos County ( "COUNTY ") and the Office of the Attorney General of Texas ("OAG'). COUNTY and the OAG may be referred to in this Agreement individually as a "Party" and collectively as the "Parties." NOW, THEREFORE, in consideration of the covenants, agreements and conditions herein contained, the Parties agree as follows: 1. PURPOSE; CONSTRUCTION OF AGREEMENT 1.1 Purpose. The purpose of this Agreement is to maintain COUNTY in a statewide system that will provide relevant offender release information, notification of relevant court settings or events, promote public safety and support the rights of victims of crime. To accomplish the public purpose, the OAG will reimburse COUNTY for certain cost incurred in the implementation and operation of its portion of the statewide crime victim notification service ( "SAVNS "). To ensure a standard statewide service to all interested counties, including COUNTY, the OAG will reimburse COUNTY for eligible expenses related to services delivered to COUNTY by the vendor certified by the OAG to provide certain services to the COUNTY. A Request for Proposals (RFP) for Statewide Automated Victim Services was published November 28, 2005. After an evaluation of proposals, the OAG identified and certified a single vendor to provide statewide automated victim services. The certification is stated in that certain document dated January 13, 2006 and entitled: Vendor Certification for the Statewide Automated Victim Notification Service This document is hereinafter referred to as the "Certification" and is expressly incorporated herein by reference. The vendor certified to provide the services is Appriss, Inc., a Kentucky corporation authorized to do business in Texas ( "Certified Vendor"). This Agreement documents the requirements, conditions, obligations, limitations, and other terms for the COUNTY to be eligible for cost reimbursement by the OAG as shown in Exhibit A. 1.2 Construction of Agreement. The provisions of this Section I are intended to be a general introduction to this Agreement, and to the extent the terms and conditions of this Agreement do not address a particular circumstance or are otherwise unclear or ambiguous, such terms and conditions are to be interpreted and construed consistent with the objectives, expectations and purposes stated in this Section 1. All Exhibits and Schedules attached hereto are hereby incorporated by reference herein in their entirety for all purposes. 2. COUNTY OBLIGATIONS Maintenance Grant (12 month) Fy 08- 5 -9 -07 15opm.dm 14-7 2.1 Services Agreement. COUNTY will execute a Services Agreement with the Certified Vendor to provide services consistent with the Certification document. The COUNTY Services Agreement will include terms and conditions that are intended to provide the COUNTY such rights and remedies as are necessary to ensure the delivery of the services in accordance with the Scope of Services section herein. For the convenience of COUNTY, a template services agreement is made available to COUNTY. The OAG is not acting as an attorney for the COUNTY, therefore the COUNTY is advised to have attorneys of its choice to review and modify the template services agreement to protect the interest of the COUNTY and to assure that the services will be delivered according the Certification document. The contract between the COUNTY and Certified Vendor is referred to as "Services Agreement ". 2.2 Maintenance. COUNTY agrees to maintain the services in a manner consistent with the Scope of Services and the COUNTY Maintenance Plan. 2.3 Maintenance Plan. By January 1, 2008 COUNTY shall send a copy of the COUNTY Maintenance Plan to the OAG that at a minimum is designed to: 1. Make available offender information that is timely, accurate and relevant to support the victim notification services; 2. Verify the Certified Vendor's performance according to COUNTY Services Agreement; 3. Satisfactorily discharge such COUNTY obligations as described in the COUNTY Services Agreement; and 4. Identify and commit of staff resources and equipment necessary to maintain the services as further described herein. 2.4 Monitoring of Services; Statewide Stakeholders. COUNTY will inspect, monitor and verify the performances required of the Certified Vendor. COUNTY will reasonably cooperate with and participate in Statewide Stakeholders meetings and efforts to monitor and improve the services on a statewide basis. COUNTY may reasonably agree to designate third- parties to assist COUNTY and the other Statewide Stakeholders, in the overall monitoring, inspection and verification of the Certified Vendor's performances. 3. SCOPE OF SERVICES 3.1 Statewide Deliverables. The services are described by two sets of documents: (1) the Statewide Deliverables, and (2) the COUNTY Deliverables. The Statewide Deliverables describe the services and structure of the victim notification system on a statewide basis. The OAG may update or modify the Statewide Deliverables from time to time by the OAG; with input from the Statewide Stakeholders Committee, when appropriate. The Statewide Deliverables include: S -01 Service Specification S -02 Questionnaire Template S -03 Statewide Implementation Plan S -04 Stakeholder Communication Plan Maintenance Grant (12 month) Fy 08- 5 -9 -07 150pm.doc K S -05 Call Center Infrastructure S-06 County Implementation Plan Template S -07 Web Sites(s) 5 -08 Statewide Promotions Package 5-09 Internal Test Guide S -10 Statewide Implementation Status Reports 5 -11 Service Level Standards 5 -12 Service Performance Reports V -01 Vendor Certification The Statewide Deliverables are incorporated herein by reference. 3.2 COUNTY Deliverables. The COUNTY deliverables reflect the Statewide Deliverables, as customized to meet the specific needs of COUNTY (COUNTY Deliverables). COUNTY deliverables include: C -02 County Implementation Plan C -03 County Infrastructure C -04 Application Interface C -05 Customer Verification Plan C -06 County Support Document C -07 County Promotions Package C -08 Production Notice C-09 County Web Access County will implement these deliverables through the COUNTY Services Agreement. After these deliverables are completed and approved by COUNTY, these COUNTY deliverables are incorporated herein by reference. 3.3 Service Levels. Certain standards and levels of performance to be provided by the Certified Vendor to COUNTY are described in the Statewide Deliverable S -11, Service Level Standards and the COUNTY Services Agreement. Other standards and levels of performance are described in the other Statewide and COUNTY Deliverables. COUNTY will inspect, monitor and verify the performances required of the Certified Vendor. The COUNTY will: 1. Execute a County Services Agreement Renewal Notice with Appriss, the Texas SAVNS certified vendor, for the current State of Texas Fiscal Year. 2. Each month, inspect, monitor and verify the performances required within Section 4 of the County Services Agreement and Sections 2 and 3 of this OAG Agreement. 3. Verify, record and file at least eight information and notification events each month. At least three of those events must be notifications and all must include court Maintenance Grant (12 month) Fy 08- 5 -9 -07 150pm.doc 3 q4 1.T( information if available. 4. Verify that the County input data (the jail and court data elements used by the SAVNS system) is entered accurately and in a timely basis. The standard to define whether the data is timely and accurate should be detennined by the County Auditor or the person in the COUNTY who assumes these independent responsibilities if other than the Auditor. 5. Establish a County VINE log for the purpose of recording all problems noted with the system; to whom the problem was referred, and when the problem was resolved. 6. Provide periodic written reports (forms provided by OAG) describing COUNTY monitoring, findings, usage, problems and observations as requested by the OAG. 7. The County Judge may delegate the responsibility for assuring these activities are accurately reported to the County Auditor or the person in the COUNTY who assumes these independent responsibilities if other than the Auditor. 8. Allow on -site monitoring visits to be conducted by OAG or its authorized representative. 3.4 Data Extract. To the extent permitted by law, COUNTY agrees to provide the OAG with a copy of data transmitted by COUNTY to the Certified Vendor. COUNTY authorizes the Certified Vendor to directly provide such data to the OAG. The Parties agree that this data may be used to monitor COUNTY performance and the Certified Vendor's performance. This data may be used for such other purposes allowed by law. The data will be provided in such electronic format (including, but not limited to, an XML extract) as requested by the OAG. 3.5 COUNTY Scope of Services Obligations. For the purpose of this Agreement, the requirements, duties and obligations contained in the Statewide Deliverables, COUNTY Deliverables, Service Levels and other requirements of this Section 3 are collectively referred to as the "Scope of Services ". As a condition of reimbursement, County agrees to faithfully, timely and in a good - and - workman-like manner implement and maintain the services in compliance with the Scope of Services. 4. GENERALSTANDARDS 4.1 Limitation of Liability, Service Period (Term) and Option to Extend Service Period (Term). Those provisions of this Agreement are contained in the attached Exhibit A. 4.2 Federal and State Laws, Rules and Ordinances. COUNTY will comply with all applicable federal and state statutes, rules and regulations, including, but not limited to, the Office of Management and Budget (OMB) Circulars and Uniform Grant Management Standards (UGMS), as applicable. 4.3 Applicable Laws and Regulations Regarding Funding Sources. Where applicable, federal statutes and regulations, including federal grant requirements applicable to funding sources, shall apply to this Agreement. Maintenance Grant (12 month) Fy O8- 5 -9 -07 150pm.doc 4 COUNTY agrees to comply with applicable laws, executive orders, regulations and policies as well as the Uniform Grant Management Act of 1981 (UGMA), Texas Government Code, Chapter, 783, as amended, and UGMS, as amended by revised federal circulars and incorporated in UGMS by the Governor's Budget and Planning Office. COUNTY also shall comply with all applicable federal and state assurances contained in UGMS, Part III, State Uniform Administrative Requirements for Grants and Cooperative Agreement §_.14. (Exhibit B) 4.4 Signature of County on this Agreement. The signature of the authorized representative of COUNTY is a certification by the COUNTY to comply with the applicable certifications and assurances, as stated in this Agreement, including the attached Exhibits. 5. REIMBURSEMENT 5.1 Grant Contract Not Entitlement or Right. COUNTY understands and agrees that reimbursement from grant funds is not an entitlement or right. COUNTY further understands and agrees that it may not be reimbursed for costs incurred during the grant tern or expenses paid during or subsequent to the grant term unless the COUNTY strictly complies with all terms, conditions, and provisions of this Agreement. COUNTY understands and agrees that it will not be reimbursed for the cost of vendor services provided or delivered before the commencement date of this contract unless approved by OAG. 5.2 Reimbursement; COUNTY Service Contract. In accordance with the provisions of the attached Exhibit A, the OAG will reimburse COUNTY such actual, reasonable and necessary amounts expended, subject to the limitations in Section 4. 1, for the COUNTY Service Contract. 5.3 Reimbursable Cost; Generally. Upon evidence of satisfactory compliance with the teens and conditions of this Agreement, the OAG will reimburse COUNTY, subject to the limitation of liability in Exhibit A, for such actual, reasonable and necessary amounts expended in the performance of this Agreement. Only those costs allowable under applicable cost principles are eligible for reimbursement under this Agreement. The COUNTY acknowledges that it is a sub - recipient of state and/or federal funds. Therefore, the following cost principles, audit requirements, and administrative requirements shall apply: Cost Principles ** Administrative Requirements ** Audit Requirements ** OMB A -87 as modified by OMB A -102 as modified by OMB A -133 as modified by UGMS UGMS UGMS Uniform Grant Management Uniform Grant Management Texas State Single Audit Standards (UGMS) pursuant to Standards (UGMS) pursuant to Circular Texas Government Code Texas Government Code Chapter 783 Chapter 783 ** If federal funds are identified in Exhibit A, additional exhibits may be attached. Maintenance Gnnt (12 month) Fy O8- 5 -9 -07 150pm.doc 5 Copies of these documents referenced above will be provided to the COUNTY by OAG upon request and are incorporated by reference as a part of this Agreement. Before incurring any out-of -state travel expenses, the COUNTY must obtain prior written authorization for that travel from the OAG. To be eligible for reimbursement under this contract, a cost must have been incurred or obligated by the COUNTY within the applicable contract period prior to claiming reimbursement from the OAG. Costs incurred by the last day of the applicable contract term must be liquidated no later than 30 calendar days after the end of the applicable contract period. If the COUNTY expends $500,000 or more in state or federal financial assistance during its fiscal year, it shall arrange for a Single Audit of that fiscal year. The audit must be conducted by an independent auditor and must be in accordance with the applicable government auditing standards, the Texas State Single Audit Circular and the UGMS published by the Governor's Office of Budget and Planning. For the purposes of this contract, the audit provisions of OMB Circular A -133 shall apply to county contracting entities. If the COUNTY is expending less than $500,000 in total state or federal financial assistance during its fiscal year, it shall arrange for an annual independent financial audit in accordance with generally accepted government auditing standards of that fiscal year. For purposes of this Article, the COUNTY shall comply with the applicable OMB Circulars with the following modifications: All references to "Federal Grantor Agency(ies)" shall be expanded to read "Federal or State Grant Agency(ies)." All references to "Federal Grant Funds" or "Federal Assistance" shall be expanded to read "Federal and State Assistance;" "Federal Law" shall be expanded to read "Federal or State Law;" and all references to "Federal Government" shall be expanded to read "Federal or State Government," as applicable. In procuring any audit services required by this contract and/or by law, the COUNTY shall comply with applicable state procurement procedures, as well as any requirements found in UGMS regarding such procurement. COUNTY will not supplant [use funds from this Agreement to replace or substitute existing funding from other sources that also supports the activities that are the subject of this Agreement] but rather shall use funds from this Agreement to supplement existing funds. COUNTY shall use the funds from this Agreement to increase state or local funds currently available for a particular activity. COUNTY will make a good faith effort to maintain its current level of support. COUNTY may be required to submit documentation substantiating that a reduction in local funding, if any, resulted for reasons other than receipt or expected receipt of funding under this Agreement. The COUNTY shall submit to the OAG two (2) bound copies of any and all applicable audit reports, management letters, and management responses. Such reports, letters, and responses must be submitted on or before whichever of the following dates occurs first: Thirty (30) days after the issuance of the audit report; or Maintenance Grant (12 month) Fy O8- 5-M7 150pm.dm 6 2. Within nine (9) months after the end of the audited fiscal year for those COUNTY whose fiscal year begins on or after October 1. ' The COUNTY shall provide physical access, without prior notice, and shall direct any contractor and subcontractor to likewise grant access to all program delivery sites to representatives of the State of Texas and/or the OAG. 6. Invoice for Reimbursable Cost 6.1 Time Period and Form of Invoice. COUNTY should refer to the attached Exhibit A for specific invoicing procedures and specific requirements. The form of any invoice for reimbursement of expenses submitted under this section must comply with such invoicing requirements and such detail and supporting documentation that the OAG may from time to time require. The OAG is under no obligation to reimburse COUNTY if supporting documentation is not provided on a timely basis. Each invoice presented must include the OAG's contract number. The invoice must identify COUNTY's Texas Identification Number (VIN), a description of the expense, and a notation that the requested reimbursement in regards to the Crime Victim Services Division, Victim Notification Services Grants. 6.2 Timing of Invoice. The COUNTY shall submit its claims for reimbursement to the OAG within twenty (20) calendar days following the end of the month that a reimbursable expenditure was incurred. The COUNTY may submit a make -up claim as a final close -out invoice not later than the earlier of (1) forty -five (45) calendar days after termination; or (2) forty -five (45) calendar days after the end of a state fiscal biennium. 6.3 Direct Deposit. The COUNTY may make a written request to the OAG to be placed on Direct Deposit status by completing and submitting to the OAG the State Comptroller's Direct Deposit Authorization Form. After the direct deposit request is approved by the OAG and the setup is completed on the Texas Identification Number System by the State Comptroller's Office, payment will be remitted by direct deposit and the OAG will discontinue providing the COUNTY with copies of reimbursement vouchers. 6.4 Excess Payments; Refund; Setoff. Payment under this Agreement will not foreclose the right of the OAG to recover excessive or unallowable payments from the COUNTY. The COUNTY shall refund to the OAG within thirty (30) calendar days from date of the OAG's request to repay the OAG any funds the COUNTY claimed and received from the OAG for the reimbursement of costs which are subsequently determined by the OAG to be ineligible for reimbursement. The OAG will have the right to withhold all or part of any future payments to the COUNTY to offset any reimbursement made to the COUNTY for any excessive or ineligible expenditures not yet refunded to the OAG by COUNTY. The OAG may withhold reimbursement(s) from either this contract or an expired contract between the parties with the same funding source, in amounts necessary to fulfill the repayment obligations of the COUNTY. 6.5 Limited Pre - Reimbursement Funding to COUNTY. In lieu of the reimbursement processes Maintenance Grant (12 month) Fy 08- 5 -9 -07 150pm.doc 7 addressed above, the OAG, may, at its sole discretion, provide limited pre- reimbursement funding for reimbursable expenses to COUNTY. The provisions of this Agreement are contained in the attached Exhibit A. 7. NOTICES 7.1 Information, Excluding Invoices. All correspondence, reports or notices, except invoices, must be submitted to: Texas SAVNS Project Director Office of the Attorney General Crime Victims Services Division, Mail Code 004 Post Office Box 12548 Austin, Texas 78711 -2548 7.2 Invoices. All invoices must be submitted to: Grants /Contracts Financial Management Office of the Attorney General Crime Victim Services Division, Mail Code 005 Post Office Box 12548 Austin, Texas 78711 -2548 8. TERMINATION 8.1 Termination for Convenience. Either Party may, in its sole discretion, terminate this Agreement in whole or in part, without recourse, liability or penalty, upon thirty (30) calendar days notice to other party. 8.2 Termination for Cause. In the event that COUNTY fails to perform or comply with an obligation of the terms, conditions and provisions of this Agreement, the OAG may, upon written notice of the breach to COUNTY, immediately terminate all or any part of this Agreement. Termination is not an exclusive remedy, but will be in addition to any other rights and remedies provided in equity, by law, or under this Agreement. 8.3 Rights Upon Termination or Expiration. Upon termination or expiration of this Agreement, the OAG will not reimburse COUNTY, if after the notice of termination or expiration of this Agreement, the COUNTY thereafter receives services from the certified vendor. If the COUNTY terminates for convenience under section 8. 1, or if the OAG terminates under section 8.2 before the purpose of this Agreement is accomplished, then the OAG may require the COUNTY to refund all or some of the grant funds paid under this Agreement. The following terms and conditions survive the termination or expiration of this Agreement: Section 3.4, Data Extract; Section 4. 1, Limitation of Liability; Section 9, Intellectual Property; Section 10, Audit; Maimemmm Grant (12 month) Fy 08-5-9-07 150pm.dm 8 Section 18, Governing Law and Venue Upon the OAG request, the COUNY shall deliver to the OAG all work product, deliverables, equipment, all files, records, reports, data, intellectual property license or right and other documents obtained, used, prepared or otherwise developed by COUNTY in the performance of the scope of work authorized by this Agreement shall vest in the OAG, and upon request of the OAG shall be delivered to the OAG within thirty (30) business days after expiration or termination. The OAG is granted the unrestricted right to use, copy, modify, prepare derivative works, publish and distribute, at no additional cost to the OAG, in any manner the OAG deems appropriate in its sole discretion, any component of the work product or other deliverable made the subject of this Agreement. Any termination of this Agreement will also be forwarded by the terminating party to the Certified Vendor. 9. Intellectual Property. The COUNTY understands and agrees that where funds obtained under this Agreement may be used to produce original books, manuals, films, or other original material and intellectual property, the COUNTY may copyright such material subject to the royalty -free, non - exclusive, and irrevocable license which is hereby reserved by the OAG and COUNTY hereby grants to the OAG or the state (or federal government, if federal funds are expended in this grant) government. The OAG is granted the unrestricted right to use, copy, modify, prepare derivative works, publish and distribute, at no additional cost to the OAG, in any manner the OAG deems appropriate in its sole discretion, any component of such intellectual property made the subject of this Agreement. The COUNTY may publish at its expense the results of its contract performance if it first obtains prior OAG review of that publication or the applicable federal agency. Any publication (written, visual, or sound) must include acknowledgment of the support received from the OAG and the appropriate state or federal grant, if applicable. At least three (3) copies or more if requested, of any such publication must be provided to the OAG or the applicable federal agency. All copies shall be provided by the COUNTY free of charge. 10. AUDIT RIGHTS; RECORDS RETENTION 10.1 Duty to Maintain Records. COUNTY shall maintain adequate records to support its charges, procedures, and performances to OAG for all work related to this Agreement. COUNTY also shall maintain such records as are deemed necessary by the OAG, OAG's auditor, the OAG and auditors of the State of Texas, the United States, or such other persons or entities designated by the OAG, to ensure proper accounting for all costs and performances related to this Agreement. 10.2 Records Retention. COUNTY shall maintain and retain for a period of four (4) years after the submission of the final expenditure report, or until full and final resolution of all audit or litigation matters which arise after the expiration of the four (4) year period after the submission of the final expenditure report, whichever time period is longer, such records as are necessary to fully disclose the extent of services provided under this Agreement, including but not limited to any daily activity reports and time distribution and attendance records, and other records that may show the basis of the charges made or performances delivered. 10.3 Audit Trails. COUNTY shall maintain appropriate audit trails to provide accountability for Maintenance Grant (12 month) Fy 08- 5 -9 -07 150pm.dw 7 qnr u(, q POLL\t. 166 updates to mission critical information, charges, procedures, and performances. Audit trails maintained by COUNTY will, at a minimum, identify the supporting documentation prepared by COUNTY to permit an audit of the system by tracing the activities of individuals through the system. COUNTY's automated systems must provide the means whereby authorized personnel have the ability to audit and to verify contractually required performances and to establish individual accountability for any action that can potentially cause access to, generation of, or modification of confidential information. COUNTY agrees that COUNTY's failure to maintain adequate audit trails and corresponding documentation shall create a presumption that the services or performances were not performed. 10.4 Access. COUNTY shall grant access to and make available copies of all data extracts described in Section 3.4, paper and electronic records, books, documents, accounting procedures, practices, and any other items relevant to the performance of this Agreement and the operation and management of COUNTY to the OAG, the State of Texas, the United States, or such other persons or entities designated by OAG for the purposes of inspecting, auditing, or copying such items. All records, books, documents, accounting procedures, practices, and any other items, in whatever form or media, relevant to the performance of this Agreement shall be subject to examination or audit in accordance with all contract performances and duties, all applicable state and federal laws, regulations or directives, by the OAG, the State of Texas, the United States, or such other persons or entities designated by OAG. COUNTY will direct any contractor to discharge COUNTY's obligations to likewise permit access to, inspection of, and reproduction of all books and records of the subcontractor(s) that pertain to this Agreement. 10.5 Location. Any audit of documents listed in Section 10.4 shall be conducted at the COUNTY's principal place of business and/or the location(s) of the COUNTY's operations during the COUNTY's normal business hours and at the OAG's expense. COUNTY shall provide to OAG and such auditors and inspectors as OAG may designate in writing, on COUNTY's premises (or if the audit is being performed of a subcontractor, the subcontractors premises if necessary) space, office furnishings (including lockable cabinets), telephone and facsimile services, utilities and office - related equipment and duplicating services as OAG or such auditors and inspectors may reasonably require to perform the audits described in this Section 10. 10.6 Reimbursement. If an audit or examination reveals that COUNTY's invoices for the audited period are not accurate, COUNTY shall promptly reimburse OAG for the amount of any overcharge, unallowable or excessive amount. 10.7 Reports. COUNTY shall provide to OAG periodic status reports in accordance with OAG's audit procedures regarding COUNTY's resolution of any audit - related compliance activity for which COUNTY is responsible. 11. Independent Contractor Status and General Liability Provision. COUNTY shall be deemed to be an independent contractor hereunder and shall not be considered or permitted to be an agent, servant, joint venturer, joint enterpriser or partner of OAG. COUNTY agrees to take such steps as may be necessary to ensure that each contractor of COUNTY will be deemed to be an independent contractor and will not be considered or permitted to be an agent, servant, joint venturer, joint enterpriser or partner of OAG. All persons furnished, used, retained, or hired by or on behalf of COUNTY or any of its subcontractors shall be considered to be solely the employees or agents of COUNTY or such subcontractor, and COUNTY shall be responsible for ensuring that there is payment of any and all unemployment, social security, and other payroll taxes for such persons, including any related assessments or contributions required by law. Maintenance Grant (12 nwnth) Fy 08- 5 -9-07 150pm.dm 10 l`0L9±FA^E 5 12. Publicity. COUNTY and/or COUNTY's contractors shall not use the OAG's name or refer to the other Party directly or indirectly in any media release, public service announcement or public service disclosure relating to this Agreement or any acquisition pursuant hereto, including in any promotional or marketing materials, without first obtaining the written consent from the OAG. This section is not intended and does not effect COUNTY's obligations and duties under the Texas Open Meetings Act and/or the Texas Public Information Act. 13. Amendment. This Agreement shall not be modified or amended in any way except in writing, signed by an authorized person of the Parties for that express purpose. Any properly executed modifications or amendments of this Agreement shall be binding upon the Parties and it presumed to be supported by adequate consideration. Any attempted modification or amendment of this Agreement that does not comply with this Section will be deemed voidable at the sole option of the OAG. 14. Non - waiver. The failure of any party to insist upon strict performance of any of the terms or conditions herein, irrespective of the length of time for which such failure shall continue, shall not he a waiver of that party's right to demand strict compliance in the future. No consent or waiver, express or implied, to or of any breach or default in the performance of any obligation under this Agreement shall constitute a consent or waiver to or of any breach or default in the performance of the same or any other obligation of this Agreement. No term or provision of this Agreement or of any document incorporated herein by reference shall be deemed waived and no breach shall be deemed excused unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented. 15. Partial Invalidity. If any term or provision of this Agreement, or of any document incorporated herein by reference is found to be illegal or unenforceable, and provided such term or provision does not render this agreement void, then, this Agreement, and each incorporated document, shall remain in full force and effect and such term or provision shall be deemed to be deleted. To the extent permitted by law, the Parties shall imply a provision to accomplish the Purpose of this Agreement and to the extent possible, accomplish the purposes of the deleted provision. 16. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 17. Entire Agreement. This Agreement, including the Exhibits, reflects the entire agreement between the Parties with respect to the subject matter therein described, and there are no other representations (oral or written), directives, guidance, assistance, understandings or agreements between the Parties relative to such subject matter. 18. Governing Law; Venue. This Agreement is made and entered into in the State of Texas. This Agreement and all disputes arising out of or relating thereto shall be governed by the laws of the State of Texas, without regard to any otherwise applicable conflict of law rules or requirements. Except where state law establishes mandatory venue, COUNTY agrees that any action, suit, litigation or other proceeding (collectively "litigation ") arising out of or in any way relating to this Agreement, or the matters referred to therein, shall be commenced exclusively in the Travis County District Court or the United States District Court in the Western District and Austin Division, and to the extent permitted by law, hereby irrevocably and unconditionally consent to the exclusive jurisdiction of those courts for the purpose of prosecuting and/or defending such litigation. COUNTY hereby waives and agrees not to assert by way of ' S motion, as a defense, or otherwise, in any suit, action or proceeding, any claim that (a) COUNTY is not personally subject to the jurisdiction of the above -named courts, (b) the suit, action or proceeding is brought in an inconvenient forum or (c) the venue of the suit, action or proceeding. 19. Official Capacity. The Parties stipulate and agree that the signatories hereto are signing, executing and performing this Agreement only in their official capacity. Office of the Attorney General of Texas Brazos C t y, by: by: Attorney General or his designee Judge Ran ims Date: Date: 61"29L 7 EXHIBIT A — Maintenance Grant FY 2008 Grant Contract - SAVNS Brazos County Population Size: Large The OAG will reimburse COUNTY for allowable SAVNS expenditures as follows: Service Period (Term). The Service Period (Term) of this Agreement shall commence on the later of September 1, 2007 or the date of the signature by the OAG executing this Agreement, (being the date shown on this Agreement as the date executed by OAG); and unless terminated earlier as provided by another provision of this Agreement, this Agreement will terminate August 31, 2008. The maximum number of months is provided above. If this Agreement does not commence before September 1, 2007, then the portion of any partial month thereafter will be a prorated amount of the monthly amount as determined by the OAG. The OAG is not obligated to pay for services prior to the commencement or after the termination of this Agreement. No commitment of grant funds is permitted prior to the first day or subsequent to the last day of the Service Period (Term). Nothing herein shall prevent the parties from revising the Service Period (Term) of this Agreement by a written amendment. Option to Extend Service Period (Term). This Agreement may be extended for an additional Service Period (Term) by a written amendment executed with the same formalities as this Agreement. Limitation of Liability of the OAG. The parties stipulate and agree that the total liability of the OAG to COUNTY for any type of liability directly or indirectly arising out of this Agreement and in consideration of full, satisfactory and timely performance of all its duties, responsibilities, obligations, liability, and for reimbursement of all expenses, if any, as set forth in this Agreement or arising out of any performance herein shall not exceed THIRTY THOUSAND ONE HUNDRED EIGHT and NO 1100 DOLLARS ($30,108)for the Service Period (Term) described in this Agreement. The parties stipulate and agree that any act, action or representation by either party, their agents or employee that purports to increase the liability of the OAG is void, without first executing a written amendment to this Agreement and specifically amending this provision. The parties acknowledge and agree that nothing in this Maximum Total Grant Funds Event Cost for Jail Cost for Courts Number of Available Months Standard Maintenance $25,817 $ 4,291 12 $30,108 Phase Service Period (Term). The Service Period (Term) of this Agreement shall commence on the later of September 1, 2007 or the date of the signature by the OAG executing this Agreement, (being the date shown on this Agreement as the date executed by OAG); and unless terminated earlier as provided by another provision of this Agreement, this Agreement will terminate August 31, 2008. The maximum number of months is provided above. If this Agreement does not commence before September 1, 2007, then the portion of any partial month thereafter will be a prorated amount of the monthly amount as determined by the OAG. The OAG is not obligated to pay for services prior to the commencement or after the termination of this Agreement. No commitment of grant funds is permitted prior to the first day or subsequent to the last day of the Service Period (Term). Nothing herein shall prevent the parties from revising the Service Period (Term) of this Agreement by a written amendment. Option to Extend Service Period (Term). This Agreement may be extended for an additional Service Period (Term) by a written amendment executed with the same formalities as this Agreement. Limitation of Liability of the OAG. The parties stipulate and agree that the total liability of the OAG to COUNTY for any type of liability directly or indirectly arising out of this Agreement and in consideration of full, satisfactory and timely performance of all its duties, responsibilities, obligations, liability, and for reimbursement of all expenses, if any, as set forth in this Agreement or arising out of any performance herein shall not exceed THIRTY THOUSAND ONE HUNDRED EIGHT and NO 1100 DOLLARS ($30,108)for the Service Period (Term) described in this Agreement. The parties stipulate and agree that any act, action or representation by either party, their agents or employee that purports to increase the liability of the OAG is void, without first executing a written amendment to this Agreement and specifically amending this provision. The parties acknowledge and agree that nothing in this Agreement will be interpreted to create an obligation or liability in excess of the funds currently stated in this Agreement. The parties stipulate and agree that funding for this Agreement is subject to the actual receipt of grant funds (state and/or federal) appropriated to the OAG and such funds are sufficient to satisfy all of OAG's duties, responsibilities, obligations, liability, and for reimbursement of all expenses, if any, as set forth in this Agreement or arising out of any performance pursuant to this Agreement. The parties further stipulate and agree that the grant funds, if any, received from the GAG are limited by the term of each state biennium and by specific appropriation authority to the OAG for the Purpose of this Agreement. Time Period and Form of Invoice. It is possible that a change to the Texas statutory provisions may occur that would require a change in the service model presently employed by the State of Texas to accomplish the SAVNS system. In the event there Is NO CHANGE to the Texas statutory provisions that would require a change in the service model presently employed by the State of Texas to accomplish the SAVNS system: The OAG's liability to pay and the COUNTY's ability to seek reimbursement will be in (1) time -period of up to 12- months period of time. Upon submission and approval of the COUNTY's request for reimbursement, the COUNTY will receive up to the full amount of "Total Grant Funds Available" as noted above. 1. The COUNTY may submit requests for reimbursement from the OAG for the period of time from September 1, 2007, (or a later date if this Agreement is not commenced by September 1, 2007), to August 31, 2008, COUNTY may submit, in accordance with this Agreement, a request for reimbursement to the OAG within twenty (20) calendar days of the COUNTY receiving an invoice from the certified vendor for the period of time covering September 1, 2007 to August 31, 2008. In the event that there Is A CHANGE to the Texas statutory provisions that would require a change in the service model presently employed by the State of Texas to accomplish the SAVNS system: To allow for greater flexibility to address this possible situation and allow for a transition to a different service model, the OAG's liability to pay and the COUNTY's ability to seek reimbursement will be divided into two (2) six - month periods of time, rather than the one (1) 12 -month period of time. Therefore, COUNTY will receive up to one -half of the "Tocal Grant Funds Available" as noted above per each six -month intervals of time. COUNTY must submit requests for reimbursement from the OAG in the following sequence and manner: 1. For the period of time from September 1, 2007 (or a later date if this Agreement is not commenced by September 1, 2007), to February 28, 2008, COUNTY may submit, in accordance with this Agreement, a request for reimbursement to the OAG within twenty (20) calendar days of the COUNTY receiving an invoice from the certified vendor for the period of time covering September 1, 2007 to February 28, 2008. The certified vendor's invoice is valid when it is dated after the OAG execution date of this Agreement. 2. For the period of time from March 1, 2008 to August 31, 2008, the COUNTY may submit, in accordance with this Agreement, a request for reimbursement to the OAG within twenty (20) calendar days of the COUNTY receiving an invoice from the certified vendor for the period of time covering March 1, 2008 to August 31, 2008. The certified vendor's invoice is valid when it is dated on or after the first day of February 2008 and payable on March 1, 2008. Complete invoice submission instructions are described in the Texas VINE Program Request Procedures for FY 2008 Maintenance Expenses packet. Limited Pre - Reimbursement Funding to COUNTY. This limited funding is not preferred and will be strictly allowed, if at all, upon a showing of the following: 1. The COUNTY must submit written documentation supporting its request: a. A fully executed County Services Agreement Renewal Notice with the certified vendor for the time period covered by the pre - reimbursement funding request; b. An invoice from the Certified Vendor which includes the dates covered under the Standard Maintenance Phase; c. A completed OAG form titled Verification of Continuing Production; d. An invoice to the OAG that complies with the requirements of the OAG Template Invoice; and e. A written justification explaining the need for pre - reimbursement funding. The COUNTY should submit an invoice to the OAG no sooner than forty -five (45) days and no later than thirty (30) days before the COUNTY'S obligation to pay matures. The OAG will not provide pre - reimbursement funds any sooner than thirty (30) calendar days prior to the payment becoming due and payable under the COUNTY Service Contract. Exhibit Applicable to this Agreement. Exhibit B, is attached hereto and incorporated herein, and is applicable to this Agreement. The COUNTY agrees to strictly comply with the requirements and obligation described in Exhibit B. Exhibit B The Uniform Grant Management Standards ('°UGMS "), Part III, Section .14; Promulgated by the Office of the Governor, State of Texas, establish the following assurances applicable to recipients of state grant funds: (1) COUNTY must comply with Texas Government Code, Chapter 573, Vernon's 1994, by ensuring that no officer, employee, or member of the applicant's governing body or of the applicant's contractor shall vote or confirm the employment of any person related within the second degree of affinity or the third degree of consanguinity to any member of the governing body or to any other officer or employee authorized to employ or supervise such person. This prohibition shall not prohibit the employment of a person who shall have been continuously employed for a period of two years, or such other period stipulated by local law, prior to the election or appointment of the officer, employee, or governing body member related to such person in the prohibited degree. (2) COUNTY must insure that all information collected, assembled or maintained by the applicant relative to a project will be available to the public during normal business hours in compliance with Texas Government Code, Chapter 552, Vernon's 1994, unless otherwise expressly prohibited by law. (3) COUNTY must comply with Texas Government Code, Chapter 551, Vernon's 1994, which requires all regular, special or called meeting of governmental bodies to be open to the public, except as otherwise provided by law or specifically permitted in the Texas Constitution. (4) COUNTY must comply with Section 231.006, Texas Family Code, which prohibits payments to a person who is in arrears on child support payments. (5) No health and human services agency or public safety or law enforcement agency may contract with or issue a license, certificate or permit to the owner, operator or administrator of a facility if the license, permit or certificate has been revoked by another health and human services agency or public safety or law enforcement agency. (6) COUNTY that is a law enforcement agency regulated by Texas Government Code, Chapter 415, must be in compliance with all rules adopted by the Texas Commission on Law Enforcement Officer Standards and Education pursuant to Chapter 415, Texas Government Code or must provide the grantor agency with a certification from the Texas Commission on Law Enforcement Officer Standards and Education that the agency is in the process of achieving compliance with such rules. (7) When incorporated into a grant award or contract, the standard assurances become terms or conditions for receipt of grant funds. COUNTY shall maintain an appropriate contract administration system to insure that all terms, conditions, and specifications are met. (8) COUNTY must comply with the Texas Family Code, Section 261.101 which requires reporting of all suspected cases of child abuse to local law enforcement authorities and to the Texas Department of Child Protective and Regulatory Services. COUNTY shall also ensure that all program personnel are properly trained and aware of this requirement. (9) COUNTY will comply with all federal statutes relating to nondiscrimination. These include, but are not limited to, the following: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88 -352) which prohibits 14 ��� discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681 -1683, and 1685- 1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of handicaps and the Americans With Disabilities Act of 1990; (d) the Age Discrimination Act of 1974, as amended (42 U.S.C. §§ 6101- 6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92 -255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91 -616), as amended, relating to the nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd -3 and 290 ee -3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and 0) the requirements of any other nondiscrimination statute(s) which may apply to the application. (10) COUNTY, as applicable, will comply, with the provisions of the Davis -Bacon Act (40 U.S.C. § § 276a to 276a -7), the Copeland Act (40 U.S.C. § § 276c and 18 U.S.C. § § 874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. § § 327 -333), regarding labor standards for federally assisted construction sub agreements. (11) COUNTY, as applicable, will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P. L. 91 -646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. (12) COUNTY will comply with the provisions of the Hatch Political Activity Act (5 U.S.C. § 7321 -29) which limit the political activity of employees whose principal employment activities are funded in whole or in part with Federal funds. (13) COUNTY will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act and the Intergovernmental Personnel Act of 1970, as applicable. (14) COUNTY, as applicable, will insure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protections Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. (EO 11738). (15) COUNTY, as applicable, will comply with the flood insurance purchase requirements of 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93 -234. Section 102 (a) requires the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition proposed for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. (16) COUNTY, as applicable, will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91 -190) and Executive Order (EO) 11514; (b) notification of q4 1 ( 3 violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§ 1451 et seq.); (f) conformity of federal actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clear Air Act of 1955, as amended (42 U.S.C. § 7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93- 523); and (h) protection of endangered species under the Endangered Species Act of 1973, as amended, (P.L. 93 -205). (17) COUNTY, as applicable, will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§ 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. (18) COUNTY, as applicable, will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a -I et seq.). (19) COUNTY, as applicable, will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89- 544, as amended, 7 U.S.C. 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. (20) COUNTY, as applicable, will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§ 4801 et seq.) which prohibits the use of lead -based paint in construction or rehabilitation of residential structures. (21) COUNTY, as applicable, will comply with Public Law 103 -277, also known as the Pro- Children Act of 1994 (Act), which prohibits smoking within any portion of any indoor facility used for the provision of services for children as defined by the Act. (22) COUNTY, as applicable, will comply with all federal tax laws and are solely responsible for filing all required state and federal tax forms. (23) COUNTY, as applicable, will comply with all applicable requirements of all other federal and state laws, executive orders, regulations and policies governing this program. (24) COUNTY, as a signatory party to the grant contract, must certify that they are not debarred or suspended or otherwise excluded from or ineligible for participation in federal assistance programs. (25) COUNTY must adopt and implement applicable provisions of the model HIV /AIDS work place guidelines of the Texas Department of Health as required by the Texas Health and Safety Code, Ann., Sec. 85.001, et seq. R� ,�4 ul:ro art satellite shelters 2814568925 2/6 1. Term The Initial Term of this Lease Agreement is as set forth on page 1, and shall continue month m month until terminated. The term of this Lease Agreement as to all Equipment designated on any particular Lease Schedule may be terminated without cause at the end of the Initial Terra or any month thereafter by either party mailing written notice of its termination to the other party not less than thirty (30) days prior to such termination date. Insurance, Damage FVaiver, and Certificate of Insurance Insurance. Unless Lessee shall provide Lessor with a certificate of insurance acceptable to Lessor, or Lessee has maintained a blanket insurance certificate on frl: with Lessor, Lessee is required to utilize Lessor's damage waiver program. DAMAGE WAIVER PR0GIL4M. FOR AN ADDITIONAL LEASE RATE AS SET FORTH ABOVE, LESSOR WILL MAINTAIN INSURANCE COVERING DAMAGE OR LOSS TO THE EQUIPMENT UNDER LEASE. THUS DAMAGE WAIVER PROGRAM IS SUBJECT TO A $1,000 DEDUCTIBLE AMOUNT, THEREFORE LESSEE IS SOLELY RESPONSIBLE FOR THE FIRST $1,000 OF DAMAGE OR LOSS WITH RESPECT TO THE EQUIPMENT UNDER LEASE. THIS DAMAGE WAIVER PROGRAM COVERS ONLY LOSS OR DAMAGE TO TEE LEASED EQUIPMENT. LESSEE BEARS SOLE RESPONSIBILITY FOR ALL OTHER DIRECT OR B.CIDENTAL LOSSES, DAMAGE OR INJURIES OCCASIONED BY ITS USE OF 13JE EQUIPMENT, INCLUXNG BUT NOT LIMITED TO PERSONAL INJURIES TO EMPLOYEES OR THIRD PARTIES OR PHYSICAL DAMAGE OR LOSS TO REAL OR PERSONAL PROPERTY NOT INCLUDED AS EQUIPMENT UNDER THIS Certificate of Insurance. POT Lessees submitting a Certificate of insurance, Lessee must provide all risk insurance coverage on above equipment with a maximum $500 deductible. Satellite Shelters, Inc. must be named on Lessee's policy as an additional insured, and a Certificate of Insurance is required to be forwarded to Satellite Shelters Inc within 28 days of the effective date of this Lease Agreement IF A CERTIFICATE OF INSURANCE OR NOTIFICATION OF SELF - ASSUMPTION OF RISK OF LOSS IS NOT RECEIVED W THIN 28 Lease Agreement, page 2 DAYS OF THE EFFECTIVE DATE HEREOF, LESSEE AGREES TO UTILIZE LESSOR'S DAMAGE WAVER PROGRAM AND AN AMOUNT EQUAL TO THE DAMAGE WAIVER PROGRAM BILLING RATE FOR THE EQUIPMENT UNDER LEASE WILL BE ADDED TO THE INVOICE FOR EACH BILLING PERIOD, THE DAMAGE WAIVER PROGRAM WILL BE APPLIED TO THIS LEASE AGREEMENT FOR THE FULL TERM HEREOF, UNLESS A CERTIFICATE OF INSURANCE IS PROVIDED TO LESSOR DLIUNG ANY BILLING CYCLE AFTER THE 28 -DAY PERIOD SPECIFIED HEREIN, IN WHICH CASE A MAXIMUM STOP CHARGE AND BILLING CREDIT EQUAL TO THE COST OF THE DAMAGE WAIVER PROGRAM FOR ONE BILLING CYCLE WILL BE MADE UPON THE REQUEST OF LESSEE. 3. Delivery by Lessor Lessor shall not be liable to Lessee for any failmc or de'ay in obtaining the Equipment or making delivery thereof. By taking deliver thereof Lessee acknowledges that the Equipment is m good operating order, repair, working condition and is fit for the purpose for which it is teased. 4. Taxes, Fees, and Expenses In addition to the rental payments provided for heroin, Lessee shall pay all costs, expenses, fees, and charges incurred in connection with the Equipmem, the use and operation thereof during the term hereof; servicing costs, sales taxes, personal property, and other ad valorem taxes, and all assessments and other governmental charges whatsoever and by whomsoever payable on said Equipment, or on time use, ownership, possession, rental, shipment, transportation, delivery, operation thereof. However, Lessor shall pay icensing and registration fees and federal or state/net income taxes against Lessor on or measured by rentals payable hereunder or the net income therefrom. Lessee shall reimburse Lessor upon demand for the full amount of any costs, expenses, taxes, fees, or other charges paid by Lessor which constitute an obligation of Lessee hereunder. 5. Lawful Use, Assignment, and Subletting Lessee shall use or permit the use of die Equipment only for lawful purposes, and shall keep it at the location provided hereinzbove during the term of this Lease Agreement. The Equipment shall be at all tines used and operated in compliance with all laws of any jurisdiction in which it is tocated. ' Lessor q4 1 (e5 reay- 1`! —dUO'/ 01:18 AM Satellite Shelters assumes no responsibility for compliance with local codes. Lessee shall not assign, transfer, sublet, or in any way assign its rights hereunder, and shall not pledge, permit to be liened, mortgage, hypothecate, or otherwise mctmrbor or charge its rights or interests hereunder. Lessee shall give Lessor immediate notice of any sacb attachment or other judicial process affecting any of the Equipment Without Lessor's written oermissinn, Lessee shall not attempt to or actually: (r) pledge, lend, create a security interest in, sublet, exchange, trade, assign, swap, use for an allowance or credit or otherwise; (ii) allow another to use; (iii) part with possession; (iv) dispose of; or (v) remove from the location of installation, any item of Equipment If any item of Equipment is exchanged, assigned, traded, swapped, used for an allowance or credit or otherwise to acquire new or different equipment (the "New Equipment") without Lessor's prior writen consent, then all of the New Equipment shall become equipment owned by Lessor subject to this Lease Agreement. 6. Indemnity Lessee here does hereby indemnify Lessor and hold Lessor, its agents and employees, harmless of and from any and all losses, damages, claims, demands, or liability of any kind or nature whatsoever, including legal expenses and attorney's fees arising from the use, condition or operation of the Equipment, and by whomsoever used or operated, during the term hereof. 7. Maintenance, Damage, and Destruction Lessee shall at its own expense at all tines keep the Equipment in good and efficient working order, condition, and repair, and shall keep, and maintain thereon such identification of ownership as Lessor may require. Lessee shall bear the risk of damage, theft, or destruction of the Equipment 5om every cause, and shall make all replacements, repairs, or substitution of parts or equipment thereon at its expense, all of which shall constitute an accession to the Equipment, and title hereof shall vest in Lessor. Should the Equipment be damaged by any reason and be capable of repair, Lessor shall repair the same at Lessee's expense, or at Lessor's option Lessee shall repair the same at Lessee's expense to Lessor's specifications, as quickly as circumstances permit. Lessee will not move Equipment without written permission of Lessor. 2814568925 Lease Agreement, page 3 B. Inspection by Lessor Lessor may inspect the Equipment at any reasonable time, subject to the security regulations of any agency of the United States, and shall have the right to post say notice of non - responsibility or any other notice protecting its interest 9. Accidents and Claims Lessee shall within 24 hours after any casualty involving Equipment notify Lessor by ' telephone, and within 48 hours notify Lessor in writing. Said report shall state the time, place, and nature of the event, the damage sustained, the addresses of persons involved, persons injured, and witnesses, and any other information relating to said event, and shall promptly forward to Lessor all correspondence, notices, or documents received in connection with any claim or demand relating to the Equipment or its operation, and shall aid in the investigation and defense of all such claims and demands. Nothing herein shag be deemed to modify the provisions of paragraph 6 above, in which Lessee holds Lessor harmless and indemnifies Lessor against all these matters, and Lessor shall have no responsibility to take any actions whatever in the event of such casualty. Rent will continue to be charged on damaged equipment until a final settlement check has been received from Lessee's insurance provider. 10. Non - Liability of Lessor Unless caused by Lessor's negligence, Lessor shall not be liable to Lessee for any loss, damage, or expense of any kind or nature caused directly or indirectly by the Equipment or by the use, maintenance, operation, handling or storage thereof or for the loss of Lessee's business, or damages whatsoever or howsoever caused. 11. Default If Lessee shall default in the payment of any installment of rent or any other amounts payable hereunder by Lessee, or if Lessee fails to comply with any other of the terms, covenants, or conditions herein on its part to be kept or performed, or if Lessee or its creditors files for relief under any bankruptcy or similar law for the relief of debtors, or if Lessee shall make any assignment for benefit of creditors, or if a receiver be appointed to tale possession of any of the assets of Lessee, then and in that event Lessor may at its option terminate Lessee's right to possession of the Equipment. The Equipment and any rights of Lessee therein shall thereupon be q4- 1 & 3/6' guy- 17 -6vur u2:au AM Satellite Shelters 2814568925 surrendered to Lessor and Lessor may take possession thereof and is hereby authorized by Lessee to enter upon any premises of Lessee without notice for the purpose of taking possession of the Equipment Lessor shag retain all rents and any other amounts paid by Lessee hereunder. Repossession by Lessor or the surrender of the Equipment to Lessor shall not effect the right of Lessor to recover from Lessee any and all damages which Lessor shall have sustained by reason of the breach of any of the covenants, terms, or conditions thereof. Lessee shall continue to be responsible for the rental payments provided for herein for the remainder of the term of the Lease Agreement and for the payment of any other amounts to be made by it hereunder. Lessor may (a) relet the Equipment or any portion thereof for such periods, at such rental amounts as it deems advisable, and after deductmurg its costs and expenses in such reletting, may apply any net proceeds received therefrom to the se touats payable by Lessee hereunder, or (b) sell the Equipment or any portion thereof, and after deducting its coats and expenses in connection with said sale or sales, apply the net proceeds thereof to the amounts payable by Lessee hereunder, and Lessee shall pay any deficiency as determined by the amount the net proceeds of said sale or reletting is less then the amount to be paid by Lessee hereunder, or (c) cancel and terminate die Lease Agreement. In addition to any other remedies provided for herein, Lesoor may recover from Lessee *,a worth at the time of the termination of ire Lease Agreement of the excess of the amount of rent and charges equivalent to rent reserved Herein for the remainder of the term of the Lease Agreement over the than reasonable rental value of the Equipment for the remainder of the stated term, and Lessor shall have all other remedies in its favor existing in law, equity, or bankruptcy, and the remedies herein shall be deemed to be cumulative and not exclusive. 12. Cross- Default Lessor and Lessee may supplement this Lease Agreement with schedules and amendments. In addition, Lessor and Lessee may enter into additional lease agreements or sale agreements with each other, A default under this Lease Agreement also constitutes a default under every other agreement the parries may have with each other. Further a default under any agreement between Lessor and Lessee constitutes a default under this Lease Agreement. Lease Agreement, page 4 13. Return of Equipment; Termination of Lease At the end of the Tent, Lessee shall cause the Equipment to be returned to Lessor at any location designated by Lessor. Lessor, in its sole discretion, shall determine the manner by which the Equipment will be returned to it, and Lessee will provide Lessor with at least fourteen (14) working days' advance notice of. its return The Equipment shall be "broom clean" and in the same condition as delivered to Lessee, ordinary wear and tear excepted. Termination will become effective only when the Equipment has been returned to Lessor as provided herein and Lesseo has paid Lessor all unpaid rental and other charges applicable to the Equipment. Lessee agrees that prior to the return of the Equipment to Lessor or upon notice of its repossession, Lessee shall immediately disconnect all utilities connected to the Equipment, remove all of the Lessee's personal properly from the Equipment and vacate the Equipment so that the Equipment can be returned to the Lessor. Whenever Lessor or its agents pick up or repossess the Equipment, Lessee shall remove any barriers or restrictions to make the Equipment readily accessible for removal by truck without additional inconvenience or expense. Lessor shall not be liable for keeping or storing any personal property of Lessee left in, on or around 'he Equipment; such property will be deemed abandoned by lessee and Lessee hereby consents to the disposal of such personal property by Lessor, at Lessee's expense. Any accessories in addition to the returned Bquipment shall be deemed to be part of the Equipment and the property of the Lessor. Lessee shall reimburse Lessor for any and all costs incurred related to the return of the Equipment and in repairing, cleaning charges resulting from debris, trash or personal property left in the Equipment or otherwise restoring the Equipment to its condition when delivered, ordinary wear and tear excepted. Lessee shall indenmify, defend and hold Lessor harmless from any and all claims of Lessee or third parties arising from any return, retaking or repossession of the Equipment I4. Early Ter ulinaBon If Lessee terminates this Lease Agreement prior to expiration of the Initial Term, Lessee must pay Lessor all costs and expenses of Lessor caused by the early termination, in addition to the following: q� 1�7 4/6 May -19 -2007 01:22 AM Satellite Shelters 2814568925 a. If the Equipment was new at the start date of the Initial Terra, Lessee must pay 100% of all remaining lease payments due under the Lease Agreement b. If the Equipment was used at the sirt date of the Initial Term, Lessee must pay 50% of all remaining lease payments due wader the Lease Agreement is. REPOSSESSION LESSEE ACKNOWLEDGES- THAT, PURSUANT TO SECTION 11 HEREOF, LESSOR HAS BEEN I GIVEN THE RIGHT TO REPOSSESS THE EQUIPMENT SHOULD LESSEE BECOME IN DEFAULT OF ITS OBLIGATIONS HEREUNDER. LESSEE HEREBY WAIVES THE RIGHT, IF ANY, TO REQUIRE LESSOR TO GIVE LESSEE NOTICE AND A .JUDICIAL HEARING PRIOR TO MRCISING SUCH RIGHT OF REPOSSESSION. 16. Limited Warranty Lessor shall have no liability whatsoever for any consequential, incidental or punitive damages, costs or expenses, whether they be related to any defect, condition or repair or repossession of the Equipment, repairs to the Equipment, or any other factor. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, LESSOR DISCLAIMS ANY AND ALL WARRANTIES, EXPRESSED OR IMPLIED, RELATING TO THE LEASED EQUIPMENT AND ANY MAINMNANCE OR REPAIR WORK PERFORMED BY LESSOR, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE, LESSEE ACKNOWLEDGES THAT IT IS NOT RELYING ON LESSOR'S SKILL OR JUDG1%MNT TO SELECT OR FURNISH GOODS SUITABLE FOR ANY PARTICULAR PURPOSE AND THAT THERE ARE No WARRANTIES CONTAINED IN THIS LEASE AGREEMENT. 17. Assignment Lessee agrees that nothing contained in this Lease Agreement shall prohibit the Lessor, its assigns and/or successors from selling, assigning and/or transferring all of its right, title and interest in and to ibis Lease Agreement the property described therein and all monies to become due thereunder. L?4 Lease Agreement page 5 18. Attorney's Fees and Costs In the event Lessee shall default hereunder, Lessor shall be entitled to recover from Lessee, in addition to all other items of damages, all costs and expenses, inchrding court costs and reasonable attorney's fees incurred by Lessor to enforce its rights and remedies hereunder. 19. Financing Statement Lessor is hereby authorized by Lessee to cause this Lease Agreement or other instruments, including Uniform Commercial Code Financing Statements, to be filed or recorded for the purposes of showing Lessor's interest in the Equipment. Lessee agrees to execute any such instruments as Lessor may request from time to time. 20. Miscellaneous Time is of the essence regarding this Lease Agreement. This Lease Agreement may be signed in any number of counterparts and each shall constitute a duplicate original. The parties agree to execute, or if required, acknowledge such further counterparts hereof or any otter documents as may be necessay to comply with the provisions of any applicable law at any time in force which requires the recording of filing of this Lease Agreement or a copy thereof in any public office of the United States or any state or political subdivision, and Lessee agrees to pay the fees or charges imposed by law for any such mandatory filing or recording as well as the amount of any stamps or documentary tames, federal or state, levied or assessed on this Lease Agreement. The relationship between parties hereto is that of Lessor and Lessee and Lessee's only interest herein is as a Lessee_ Lessee does not have and shall not acquire my right title, interest or equity whatsoever in the Equipment The Equipment shall remain the sale property of Lessor. The Equipment shall remain personal property regardless of its use or manner of attachment to realty. This Lease Agreement was jointly drafted by tie parties, and the parties bereby agree that neittrer should be favored in the construction, interpretation or application of any provision or any ambiguity. There are no unwritten or oral agreements between the parties. This Lease Agreement and any schedules or amendments, constitute the entire understanding and agreement between Lessor and Lessee with respect to the lease of the Equipment superseding all prior agreements, understandings, negotiations, discussions, proposals, representations, II 5/6 May -19 -2007 01:24 AM Satellite Shelters 2814568925 6/6 promises, commitments and offers between the parties, whether oral or written. No provision of this Lease Agreement shall be deemed waived, amended, discharged or modified orally or by custom, usage or course of conduct unless such waiver, amendment or modification is in writing and signed by an officer of each of the parties hereto. Tlris Lease Agreement, lease schedule(s), attached riders and any documents or instrumeats issued or executed pursuant bereto will have been made, executed and delivered in, and shall be govemed by the internal laws (as opposed to conflicts of law provisions) and decisions of, the State of htinoesota. Lessee and Lessor consent to the exclusive jurisdiction of any local, state or federal court locemd withn Mmnesota. Venue must be in Minnesota and Lessee hereby waives local venue and any objection relating to Mimresota being an improper venue to conduct any proceeding relating to this Lease Agreement 21. Notices All notices required under the term and provisions of the Lease Agreement shall be in writing and such notices shall become effective when deposited in the United States marl, wirh proper postage prepaid, addressed to the patties at such respective addresses appearing herein, or at such other addresses either party may from time to time notify the other in writing. 22. Interest Should Lessee fail to pay any part of the rents herein reserved or any other sum required by Lessee to be paid to Lessor, Lessee shall pay unto Lessor interest on such' delinquent payment from the date thereof until paid at maximum rate pemritted by law. 23. Net Lease This Lease Agreement is a net lease and Lessee's obligations to pay all lease charges and other amounts payable hereunder shall be absolute and unconditional and, except as expressly provided herein, shall not be subject to any: (i) delay, abatement, reduction, defense, counterclaim, set -off, or recoupmenh (ii) Equipment failure, defect or deficiency; (iii) damage to or destruction of the Lease Agreement, page 6 Equipment; or (iv) dissatisfaction with the Equipment or otberwise, including any present or future claim against Lessor or the manufacturer, supplier, reseller or vendor of the Equipment Except as expressly provided herein, this Lease Agreement shall not terminate for any reason, including any defect in the Equipment or Lessor's title thereto or any destruction or loss of use of any item of Equipment 24. Alarm System Terms In the event that this Least Agreement includes the lease of an alarm system as a part of the Equipment, the following terms also apply: (a) the damage waiver program set forth in Section 2 shall not apply to any of the alarm system equipment, and Lessee shall be solely responsible for any loss or damage to such Equipment; (b) Lessee shall enter into a separate alarm monitoring agreement with a qualified monitoring company for the purpose of providing alum monitoring services to Lessee and Lessee acknowledges that Lessor is not responsible for providing such alarm monitoring services; (c) Lessee agrees to indemnify Lessor and hold Lessor, its agents and employees, harmless of and from any and all losses, dlmages, claims, demands, or liability of any ]and ?oratare whatsoever, including legal expenses orneys' fees arising from or out of fire use, n or operation of the leased alarm system equipment or monitoring services. 25. Billing If payment is not received by Lessor on the due date, Lessee agrees to and shall pay, to the extent permitted by law, on demand, as a ]ate charge, an amount equal to one and one -half percent (1'/2%), or the maximum percentage allowed by law if less; of the amount past due ("Late Charges'). Late Charges will accrue until billed by Lessor. Late Charges shall be charged and added to any past due ammmt(s) on the date such payment is due and every thirty (30) days thereafter until all past due amounts are paid in full to Lessor. LESSEE NIUL BE BILLED ON A 28 -DAY CYCLE IN ADVANCE. LESSOR WML NOT PRORATE ANY FRACTION OF A BILLING CYCLE. 2207959 v04 03120004 -1r/3 QUALIFIED REPLACEMENT BENEFIT ARRANGEMENT AND ADOPTION AGREEMENT EFFECTIVE January 1, 2007 Brazos County Purpose of this Publication Section 113.1 of the Administrative Code for the Texas County and District Retirement System establishes a qualified governmental excess benefit program in accordance with Section 415(m) of the Internal Revenue Code and as authorized under Section 845.504, Government Code. The program entitled as the "Texas County and District Retirement System Qualified Replacement Benefit Arrangement" is maintained solely for the purpose of providing for the payment of that portion of the annual retirement benefits that had been accrued by and would otherwise be payable with respect to a member of the Texas County and District Retirement System but for the limitation on the payment of benefits under Section 415(b) of the Internal Revenue Code of 1986, as amended. Definitions As defined under section 113.2, the following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) "Act" means the provisions of Texas Government Code, Title 8, Subtitle F, as amended from time to time, establishing the Texas County and District Retirement System. (2) "Arrangement" means the Texas County and District Retirement System Qualified Replacement Benefit Arrangement, as set forth herein and as amended from time to time. (3) "TCDRS" or "System" means the Texas County and District Retirement System, as established under the provisions of the Act (4) "Benefit Recipient" means any individual who receives a retirement benefit from TCDRS as a Retiree or as a surviving beneficiary of a deceased Member or Retiree. The term may include an alternate payee of a deceased Member or Retiree. (5) "Benefit" means a retirement benefit accrued under the provisions of the Act. (6) "Board" means the Board of Trustees of TCDRS. (7) "Code" means the Internal Revenue Code of 1986, as amended (and corresponding provisions of any subsequent federal tax laws) and the regulations thereunder. (8) "Effective Date" means January 1, 2006, the effective date of the Arrangement. (9) "Eligible Member" means a Retiree or a deceased Member or Retiree with respect to an Employer, from and after the date the Employer adopts the Arrangement. (10) "Employer" means an Employer whose employees are Members of TCDRS with respect to retirement benefits paid by TCDRS under the provisions of the Act, provided that the Employer signs an adoption agreement in the form specified by the Board to adopt the Arrangement. / r7 o (11) "Restricted Benefit" means the maximum Benefit permitted to be paid to a Benefit Recipient under the Retirement Plan of the Employer, as limited by Code Section 415, in accordance with Section 844.008 of the Act. (12) "Member" means any individual who accrues or has accrued a Benefit under the Act. (13) "Participant" means any Benefit Recipient with respect to an Employer who is eligible to participate in the Arrangement in accordance with Article 2. (14) "Retirement Plan" means the defined benefit plan established under TCDRS for employees of the Employer, and their beneficiaries, in accordance with the Act, and qualified under Code Section 401(a). (15) "Retiree" means a Member who receives a Benefit under the Act with respect to an Employer. (16) "Unrestricted Benefit" means the benefit that would be payable to a Benefit Recipient under the Retirement Plan of the Employer if the limits of Code Section 415 were not applicable in accordance with Section 844.008 of the Act. Eligibility and Payments (a) Eligibility to Receive Payments. If, at the time an Eligible Member becomes a Retiree or dies or at any time thereafter, the Unrestricted Benefit of the Benefit Recipient under the Retirement Plan of the Employer exceeds the Restricted Benefit payable to the Benefit Recipient at that time, the Benefit Recipient shall become a Participant and shall be entitled to receive payments under this Arrangement, in accordance with the terms hereof, and may not waive or defer the receipt of such payments. A Benefit Recipient shall in no event become a Participant until the later of: (1) January 1, 2006, the Effective Date of the Arrangement, or (2) the effective date of the applicable Employer's adoption of the Arrangement. (b) Amount of Payments. A Participant shall receive payments under this Arrangement equal to the difference between the Participant's Unrestricted Benefit and his or her Restricted Benefit, provided that the amount of payments so determined shall be subject to change and to such adjustments as TCDRS deems appropriate, from time to time. In no event shall a Participant be entitled to receive a payment under this Arrangement if such payment, when combined with other payments under this Arrangement and under the Retirement Plan of the Employer, would result in the Participant receiving total payments in excess of the Participant's Unrestricted Benefit. (c) Form and Timing of Payments. Payments under this Arrangement shall be paid by the applicable Employer to each Participant at the time and in the form and manner as the System may direct. Any election made by an Eligible Member with regard to the distribution of Benefits under the System, including the designation of a named beneficiary, as defined in Section 841.001(4) of the Act, shall be equally applicable to and binding on such Eligible Member and on all persons who at any time have or claim to have any interest in connection with payments under this Arrangement. (d) Effect on TCDRS. qV 171 Any Benefit payable under the Retirement Plan of the Employer established under TCDRS shall be paid solely in accordance with the terms and provisions thereof and shall be subject to Section 415 of the Code and other applicable tax limitations; nothing in this Arrangement shall operate or be construed in any way to modify, amend or affect the Benefits payable thereunder. (e) Tax Withholding. All payments under this Arrangement shall be subject to and reduced by applicable federal, state and local income, payroll and other tax withholding requirements and all other applicable deductions required by this Arrangement or by law. (f) Participation Determined Annually. Participation in the Arrangement shall be determined annually for each plan year. In any plan year, benefits shall only be paid under the Arrangement to a Participant after the date in the plan year that the benefits paid to such person from TCDRS under the Retirement Plan of the Employer have reached the maximum annual benefit that can be paid by TCDRS under Code Section 415 for that plan year. The date the maximum annual benefit payment from TCDRS is reached is the beginning date of participation by the Participant for that plan year. The beginning date of a Participant's participation in the Arrangement may change from plan year to plan year as the amount payable under this Arrangement is redetermined. An individual's participation in the Arrangement will cease for any plan year or portion of a plan year for which the individual's Benefit is not limited by Code Section 415. (g) No Election to Defer Compensation. No election shall be provided at any time to a Participant or any other individual, directly or indirectly, to defer compensation under the Arrangement. Administration (a) Administrator. TCDRS shall be the Administrator of the Arrangement and shall be responsible for the supervision and control of the operation and administration of the Arrangement, except as otherwise provided herein. Subject to the authority of the Board, TCDRS shall have the exclusive right and full discretion to construe and interpret the Arrangement, to establish rules and procedures for its operation and administration, and to decide any and all questions of fact, actuarial valuation, interpretation, definition or administration arising under or in connection with the administration of the Arrangement. The interpretation and construction of any provisions of the Arrangement by the Administrator and its exercise of any discretion granted under the Arrangement shall be binding and conclusive on all persons who at any time have or claim to have any interest whatever under this Arrangement. (b) Contributions and Payments. (1) As soon as administratively feasible following the receipt of Employer contributions, TCDRS shall segregate from each Employer's contributions the portion of the contributions necessary to make the payments due to Benefit Recipients of that Employer for the next payment period and for any applicable expenses under this Arrangement. Notwithstanding the foregoing, if TCDRS determines, in its sole discretion, that the allocation of contributions to the Arrangement would jeopardize the actuarial soundness of the Retirement Plan of W 17p9, the Employer, TCDRS shall cease to segregate contributions for the Arrangement and shall notify the participating Employer and affected Benefit Recipients. (2) Contributions segregated for payments and expenses under the Arrangement shall be separately accounted for and shall be used exclusively for payments and expenses under the Arrangement and shall not be commingled with any other assets of TCDRS. (3) Within a reasonable period of time before each payment date, TCDRS shall distribute to each participating Employer the gross amount necessary, as determined by TCDRS, to satisfy such Employer's liability for amounts due on such payment date under the Arrangement. (4) The Employer from whom the Eligible Member retired or died while a Member with respect to such Employer shall be solely responsible for paying any amounts received from TCDRS and due to the Participant under the terms of the Arrangement. TCDRS shall have no obligation to pay any amounts due under the terms of the Arrangement. (5) The Employer shall be responsible for satisfying all tax withholding, payroll tax payments, other applicable tax payments and reporting requirements applicable to the Arrangement, if any, and shall be responsible for administering all payments due under the Arrangement. (c) Plan Unfunded. This Arrangement shall at all times be entirely unfunded within the meaning of the federal tax laws. Nothing contained herein shall be construed as providing for assets to be held in trust for the Participants. No Participant or any other person shall have any interest in any assets of TCDRS or any Employer by reason of the right to receive a payment under the Arrangement. Nothing contained herein shall be construed as a guarantee by TCDRS, any Employer, or any other entity or person that the assets of the Employer will be sufficient to pay any benefit hereunder. (d) Appeal Procedure. In the event a dispute arises between the Employer and the Administrator relating to the determination of the Administrator or the interpretation, operation or administration of this Arrangement, the Administrator's decision shall be final, conclusive and binding unless the Employer submits an appeal directly to the Board within 20 days from the date of notice of the decision, for consideration and action in accordance with the administrative review procedures set forth in 34 TAC Sections 10 1. 19 — 101.23. The action of the Board, taken on its own motion or as the result of an appeal, is final, conclusive, and binding. Amendment and Termination (a) Amendment and Termination of the Arrangement. The Board reserves the right, in its sole discretion, to amend or terminate the Arrangement at any time and from time to time. By way of example, and not limitation, the Arrangement may be amended or terminated to eliminate all payments with respect to any Member or other individual who has not become eligible to participate in the Arrangement as of the date of such amendment or termination by reason of retirement or death in accordance with Section 113.3(a) of this chapter. In addition, an amendment or 9 � q 11 173 termination may be retroactive to the extent that the Board deems such action necessary, in its sole discretion, to maintain the tax- qualified status of the System or the status of this Arrangement as a qualified governmental excess benefit arrangement as defined in Code Section 415(m) or to avoid jeopardizing the actuarial soundness of the Retirement Plan of the Employer. (b) Termination of Employer's Participation. (1) An Employer may terminate its participation in the Arrangement at any time with the consent of and on terms established by the Administrator. (2) The Administrator may terminate the participation of an Employer if the Employer fails to comply with the rules established by the Board for the administration of the Arrangement as from time to time amended or modified, or fails to perform in accordance with the adoption agreement. The determination of an Employer's failure to comply and subsequent involuntary termination of participation is within the sole discretion and authority of the Administrator. The Administrator's decision is final, conclusive and binding unless timely appealed directly to the Board in accordance with Section 113.3(d) of this chapter. (c) Participants. If an Employer's participation in the Arrangement is voluntarily or involuntarily terminated, then any person who is a Benefit Recipient with respect to that Employer and who is a Participant in the Arrangement shall immediately cease such participation and shall be entitled to no benefits under this Arrangement and no benefits shall be paid or due to such Participant on or after the date of such termination. On the termination of an Employer in the Arrangement, the Employer shall have sole and complete responsibility and liability for paying any benefits that would otherwise be payable under the Arrangement with respect to its Pardcipants, and the System and all other participating Employers shall have no responsibility or liability for any such benefits. General Provisions (a) Applicable Law. (1) All questions pertaining to the validity, construction and administration of the Arrangement shall be determined in conformity with the laws of the State of Texas, except to the extent federal law preempts state law. (2) If any provision of the Arrangement or the application thereof to any circumstance or person is invalid, the remainder of the Arrangement and the application of such provision to other circumstances or persons shall not be affected thereby. (b) Indemnification To the extent allowed by law, an Employer electing to participate in the Arrangement must agree to indemnify, defend, and hold harmless the System, the employees of the System, the Board, and all other Employers participating in the Arrangement from and against any and all direct or indirect liabilities, demands, claims, losses, costs and expenses, including reasonable attorney's fees, arising out of or resulting from the Employer's participation in the Arrangement and/or the Employer's voluntary or involuntary termination of participation in the Arrangement. The agreement of the Employer to indemnify, defend and hold harmless survives the termination of the Employer's participation in the Arrangement and the termination of the Arrangement. (c) Nonalienation. Benefits under this Arrangement shall not be subject to alienation or legal process, except to the extent permitted under Government Code, Chapter 804. (d) No Enlargement of Employment Rights. The establishment of the Arrangement shall not confer any legal rights upon any employee or other person for a continuation of employment, not shall it interfere with the rights of the Employer to discharge any employee and to treat the employee without regard to the effect which that treatment might have upon the employee as a Participant in the Arrangement. (e) Information Required By Arrangement. Benefit Recipients, other individuals and Employers shall furnish to the Administrator such evidence, data and information as the Administrator considers necessary or desirable for the purpose of administering the Arrangement. (fl Paying Benefits, Costs and Expenses from TCDRS Assets is Prohibited. No assets of the System shall be used directly or indirectly to pay benefits under the Arrangement or to pay any costs or expenses of administering the Arrangement. Expenses of administering the Arrangement may include expenses for professional, legal, accounting, and other services, and other necessary or appropriate costs of administration. 1. General Information Employer: Brazos County Employer Address:300 E 20s, Bryan, TX 77803 Employer Contact: Judge Randy Sims Contact Phone: (979)361-4102 Contact Email: rsims @co.brazos.tx.us 2. Adoption of Arrangement The undersigned Employer hereby adopts the TCDRS Qualified Replacement Benefit Arrangement ("Arrangement") with respect to employees and former employees of Employer who are Members of TCDRS and with respect to benefits paid by TCDRS under the provisions of Government Code, Title 8, Subtitle F. The signatories represent that they have the authority to sign this Agreement and bind the Employer to the terms hereof. The signatories further represent that they and the Employer have taken all actions necessary to effectuate the terms of this Agreement, including but not limited to obtaining any approval required by the Employer's board or other governing body. 3. Agreement to be Bound by Terms of Arrangement Employer agrees to be bound by the terms of the Arrangement, as the same may be amended from time to time. Employer further agrees to be bound by all actions, decisions and interpretations of TCDRS or the board of trustees of TCDRS, in connection with the administration of the Arrangement. 4. Obligations of Employer Employer acknowledges that it shall be solely responsible for paying any amounts received from TCDRS and due under the terms of the Arrangement to the Benefit Recipients for the Eligible Members who retired from Employer or who died while a Member with respect to Employer. Employer agrees to pay to each Participant on each payment date the amount remitted to Employer by TCDRS to satisfy the Employer's obligation to each such Participant, reduced by all applicable federal, state and local income, payroll and other tax withholding amounts, if any. Employer acknowledges that it shall be solely responsible for satisfying all tax withholding, payroll tax payments, other applicable tax payments and reporting requirements applicable under the Arrangement, if any. To the extent allowed by law, Employer agrees to indemnify, defend, and hold harmless the System, the employees of the System, the Board, and all other Employers participating in the Arrangement from and against any and all direct or indirect liabilities, demands, claims, losses, costs and expenses, including reasonable attorney's fees, arising out of or resulting from the Employer's participation in the Arrangement and /or the Employer's voluntary or involuntary termination of participation in the Arrangement. The agreement of Employer to indemnify, defend and hold harmless survives the termination of the Employer's participation in the Arrangement and the termination of the Arrangement. It is understood that current funds have not been obligated by Employer for this indemnification. q4 i-7 � Brazos County AUTHORIZATION TO ADOPT QUALIFIED REPI. CEMENT BENEFIT ARRANGEMENT With respect to the participation of Brazos County in the Texas County & District Retirement System (TCDRS) for the 2007 plan year, this qualified replacement benefit arrangement was adopted in the May 14, 2007. Certification I certify that the foregoing authorization concerning the participation of Brazos County in the Texas County and District Retirement System Qualified Replacement Benefit Arrangement truly and accurately reflects the official action taken during a properly posted and noticed meeting on May 14, 2007 by the Commissioners Court of Brazos County as such is recorded in the official minutes. County Date: 9q i-77 The Secretary of State of Texas Roger Williams Canvass Report May 2007 Constitutional Amendment Election May 12, 2007 BRAZOS Total # of Voters Voted: 7722 Votes Prop 1 To provide school tax relief to elderly or disabled taxpayers (M) In Favor 5461 Against 1966 I, Karen McQueen. Brazos County Election Official do hereby certify the returns as shown on the official canvass statement are true and correct as certified by the BRAZOS 8 Coiinty-Commissioners Court. �'• SIgnAure Please fax the canvass to 512 -475 -2811 to the attention of Kim Thole and mail original to: Secretary of State — Elections Division PO Box 12060 Austin, Texas 78711 -2060 5 =a .) -o% Date q� 1l8 /� AFFILIATED c o m m u n i c a t i o n s SALES AGREEMENT #ice) This Sales Agreement ( "Agreement ") dated May 11, 2007 between Affiliated Communications, Inc., ( "ACI ") and Brazos County ( "CUSTOMER ") specifies the terms and conditions under which ACI will provide CUSTOMER with equipment and services, including Annex III ( "RFP RESPONSE "), attached hereto and incorporated herein. EQUIPMENT ACI agrees to sell, deliver, and install, and CUSTOMER agrees to purchase the telephone equipment outlined in Annex I, (the "EQUIPMENT ") attached hereto and incorporated herein. 2. PAYMENT TERMS System Sales Price is $ 91,978.08 plus applicable tax. The total purchase price will be payable by CUSTOMER and is outlined in Annex II, attached hereto and incorporated herein. 3. TITLE ACI shall retain title to the EQUIPMENT until the CUSTOMER has paid the full amount of the purchase price. In the event CUSTOMER shall default in prompt payment of any installment on account, ACI shall have the right, in addition to and not exclusive of any other rights it may have under the Uniform Commercial Code, to enter upon the premises where the EQUIPMENT is located and retake possession thereof without notice, free from any claims of CUSTOMER. WARRANTY ACI warrants the EQUIPMENT sold hereunder as follows: ACI warrants that the EQUIPMENT will be free from defects for a period of one (1) year from the date of cut -over. ACI further warrants the installation labor for a period of one (1) year from date of cut -over. ACT's obligation hereunder shall be Affiliated Communications ♦ 730 Avenue F, Suite 210 1 Plano, TX 75074 ♦ Ph: 972 - 852 -4000 ♦ Fax: 972 - 852 -4067 limited to the repair or, at its option, replacement of the equipment containing such defects, where such equipment has been subject to normal use and service and is returned or otherwise made available to ACI within the said one (1) year period except as stated herein. Standard manufacturer warranty applies as related to firmware, software, and workmanship. Customer Provided Equipment is not covered under warranty. ACI HAS NOT AND DOES NOT MAKE ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, OR OTHERWISE WITH RESPECT TO THE EQUIPMENT. ACI FURTHER DISCLAIMS ANY LIABILITY FOR SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR CONNECTED WITH THE USE OF THE EQUIPMENT BY CUSTOMER. 5. INSTALLATION The EQUIPMENT shall be installed at: The following Brazos County locations: Exposition Center: 5827 Leonard Rd., Bryan, 77803 Sheriffs Office Building: 1904 W. SH 21, Bryan, Texas 77803 Administation Building (New): 200 S. Texas Ave, Bryan 77803 (the PREMISES ") The cut -over dates shall be: Sheriff's Office 7/2/07 Exposition Center 7/31/07 County Admin 1/7/08 ACI shall utilize its best efforts to complete installation by the cut -over date, but shall not be liable for any damages resulting from delays or other failure to perform under this AGREEMENT due to acts of God or any other cause beyond its control. 6. CUSTOMER RESPONSIBILITIES CUSTOMER agrees to permit ACI such access to the PREMISES as ACI may require for installation of the EQUIPMENT. CUSTOMER will provide adequate space for the EQUIPMENT and insure that light and an adequate A/C power source for the same is available before installation. CUSTOMER has been Affi liated Communications ♦ 730 Avenue F. Suite 210 ♦ Plano, TX 75074 ♦ Ph: 972 -852 -40001 Fax: 972 -852 -4067 q4 IBC advised by ACI that an air - conditioned environment is necessary for the proper functioning of the EQUIPMENT and CUSTOMER agrees to provide such air - conditioning if necessary. Furthermore CUSTOMER agrees to make every effort to work with ACI to complete the individual requirements of the EQUIPMENT, necessary to complete the installation, no later than July 31, 2007. 7. RISK The risk of loss for any damage to or destruction of the EQUIPMENT or any portion thereof occurring from and after delivery thereof to the PREMISES shall be the responsibility of the CUSTOMER. CUSTOMER agrees to provide an area on the PREMISES for safekeeping of the EQUIPMENT prior to and during the installation by ACI. 8. TAXES CUSTOMER shall pay all sales, use, excise or other taxes payable or required to be collected by ACI which are levied or based upon the sale of the EQUIPMENT herein, and will indemnify ACI against any such taxes. 9. CHANGES Changes, additions or modifications with respect to the EQUIPMENT herein shall be mutually agreed to in writing by the parties and this AGREEMENT shall be deemed amended to that extent. In the event of any such changes, the purchase price herein shall be adjusted accordingly. Notwithstanding anything to the contrary, deletions made to the EQUIPMENT shall not exceed 8% of the total purchase price as specified in section Two (2) herein, or CUSTOMER will be subject to pay a charge for restocking equal to 20% of the list price of that portion of the Equipment that has been deleted or returned. 10. ENTIRE AGREEMENT This AGREEMENT shall be subject to and governed by the laws of the State of Texas and constitutes the Entire AGREEMENT between the parties hereto. It shall not be changed or modified except in writing executed by other parties pursuant to Section 9 herein. ACI has made no representations or warranties extending beyond those set forth herein. Affiliated Communications ♦ 730 Avenue F, Suite 2101 Plano, TX 75074 ♦ Ph: 972 -852 -4000 ♦ Fax: 972 -852 -4067 94 F IJI CUST m TITLE OMER AFFILIATED COMMUNICATIONS, INC. TITLE: DATE: n(alk7 DATE: C` AI'hIinicd ('011111]W11COdOn.i ♦ 730 Avcnuc F. Suite 2100♦ Plano. TX 75074(0 Ph: 972 -853 -4000 ♦ Pux: 972- 852.40(i7 -1 z" ` I 0 � Annex RFP 2007 -032 Pricina Summary by Site: Exposition Complex $51,436.73 Sheriff's Office Building $35,669.71 New County Administration Building $ 4,871.64 Total Contract Price $91,978.08 Detail Pricina by Site: Exposition Complex: Qty Part Number Descriptian Unit Total Extended Base System 2 NT8D02HA Card 16 -port XDLC $1,477.55 $ 2,955.10 6 NT8D09CA Ext. Analogue MW Line Card $1,477.55 $ 8,865.30 1 NTAK20AD Stratum 3 Clock Contr D /Board $ 440.26 $ 440.26 1 NTDK49BA I IC Cabinet l Om Fiber Exp Kit $ 242.68 $ 242.68 1 NTDK84AA Dual Port Fibre D/B 30ft/10M $ 774.21 $ 774.21 1 NTE900BC PBX I IC CABINET SYS SW $1,073.80 $ 1,073.80 12 NTE902AA 8 Enh Bus Analog Set License $ 283.48 $ 3,401.76 4 NTE902DA 8 Enh Bus Digital Set License $ 283.48 $ 1,133.92 1 NTE95006 SW Pkg 57- BARS -BASIC Alternate $ $ 2 NTSF6800 Tmdi Pkg (1.5MB Dti/Pri) $1,933.91 $ 3,867.82 3 NTTKI4AB PWR Cord 9.9ft 11 CM 125VA $ 16.11 $ 48.33 1 NTWB09AA Option I IC Cab. Package (AC) $1,142.52 $ 1,142.52 2 NTWB09BA I IC Expansion Cabinet AC Pkg $ 870.85 $ 1,741.70 12 NTMN32GA70 M3902 Basic Charcoal $ 124.56 $ 1,494.72 8 NTMN33GA70 M3903 Enhanced Charcoal $ 226.57 $ 1,812.56 1 NTUB 16AB CallPilot External MODEM Kit $ 184.69 $ 184.69 1 NTUB53AB CP(OHW) Extrnal Tape Drive Kit $1,285.34 $ 1,285.34 1 NTUB56CA IPE Monitor Kit $ 502.54 $ 502.54 1 NTUB59AC IPE CD -ROM Kit $ 516.50 $ 516.50 l NTUB93BA IPE H/W Kit -11C 1000M Ca &1000E $ 166.44 $ 166.44 4 1 NTZE07EA CP(F) Voice Channels 2 Add $ 430.59 $ 1,722.36 AIIiItaled Coni nonicalions ♦ 7.30 Avowc F, Suite 210 ♦ Plano, TX 75074 ♦ Ph: 972 -X52 -4000 ♦ Pax: 972 -852 -4067 I I NTZE19BA Multimedia Mailbox /Voice -50 $2,921.81 $ 2,921.81 1 NTZE39AB CP_M1 CS1000M E S/W Intgratn $ $ - 1 NTZE4001 Callpilot New Sys (NO Charge) $ $ - 1 NTZE80CA CP4.0 201i Sys $4,613.04 $ 4,613.04 2 TD# 337903 Kentrox T -SERV 11- CSU - external - TI - 1.544 Mbps - T -1 - $ 815.04 $ 1,630.08 2 TD# 337904 Kentrox - Power supply ( external ) - AC 120 V - 6 Watt $ 40.91 $ 81.82 2 TD# 337822 Kentrox - Network cable - DB -15 (F) - RJ-48C (M) - 10 ft $ 64.90 $ 129.80 6 NT2N24AD1141 M8009 Black $ 58.00 $ 348.00 1 TD# 96295D APC Smart -UPS 3000VA XL - UPS ( external) $1,140.87 $ 1,140.87 3 TD# 96293D APC Smart -UPS XL 48V Battery Pack - Battery enclosure ( external ) $ 482.29 $ 1,446.87 Base System $45,684.84 Total Equipment $45,684.84 Cabling Services $ _ Installation/Implementation $ 9,701.54 Subtotal $55,386.38 Nortel Insensitive $ (3,949.65) Total Price for Expo Center $51,436.73 Sheriff's Office Building: Q 1�i ay Base System R, 3 NT8D02HA Card 16 -port XDLC $1,502.59 $ 4,507.77 1 NT8D14CB Card 8 Port UXT $1,849.85 $ 1,849.85 2 NTE904AA 8 Adv Net Analog Set License $ 457.55 $ 915.10 4 NTE904DA 8 Adv Net Digital Set License $ 457.55 $ 1,830.20 1 NTSF6800 Tmdi Pkg (1.5MB Dti/Pri) $1,966.69 $ 1,966.69 32 NTMN32GA70 M3902 Basic Charcoal $ 126.67 $ 4,053.44 3 NTMN33GA70 M3903 Enhanced Charcoal $ 230.41 $ 691.23 1 NTDK79AA 1 Single Port Single Mode D/B $1,966.69 $ 1,966.69 Affiliated Communications ♦ 730 Avenue F, Suite 2101 Plano, TX 75074 # Ph: 972- 852 -40001 Fax: 972 - 852 -4067 .__`34 . 184 I I NTDK80BA Fiber Receiver - Single Mode $1,966.6 $$ 1,966.69 1 NTZC72AA Dual Port DTI/PRI Package $5,897.89 $ 5,897.89 1 NTCK80AA Cable Dual PRI to MSDL 6ft $ 90.64 $ 90.64 6 NT2N24AD1141 M8009 Black $ 58.00 $ 348.00 2 2262-S-01-1 1-1 2262 TI/El FIBER OPTIC MODEM* $1,330.88 $ 2,661.76 2 1 TD# 788098 Polycom SoundStation2 EX - Conference phone w/ caller ID $ 467.88 $ 935.76 Misc Analog Fax/Modem DID Sta $ 50.00 Single mode fiber cables $ 150.00 $ 300.00 Total Existing Phones Programmed $ 3,450.00 1 Additional Programming/ Tech time $ 500.00 �y2 Lill c V. Base System , $29,981.71 Total Equipment Total $29,981.71 Cabling Services $ - Installation/Implementation $ 5,688.00 Total Price for Sheriffs Office w/ Fiber T1 $35,669.71 County Administration Building: Affiliated Communications ♦ 730 Avenue F, Suite 210 ♦ Plano, TX 75074 ♦ Ph: 972 - 852 -4000 ♦ Fax: 972 - 852 -4067 . $ "�t1ai� ➢ � Yv"rnlL''",F;`- ': c Tl _- � .."^ New Equipment 4 M3903 -Black (NTMN33GA70) $ 230.41 $ 921.64 $ 200.00 Existing Station Equip (Need Program Only) 4 M2008 $ 50.00 $ 200.00 11 M2616 $ 50.00 $ 550.00 34 M8009 $ 50.00 $ 1,700.00 8 M8314 $ 50.00 $ 400.00 8 Misc Analog Fax/Modem DID Sta $ 50.00 $ 400.00 Total Existing Phones Programmed $ 3,450.00 1 Additional Programming/ Tech time $ 500.00 $ 500.00 Total $ 4,871.64 Affiliated Communications ♦ 730 Avenue F, Suite 210 ♦ Plano, TX 75074 ♦ Ph: 972 - 852 -4000 ♦ Fax: 972 - 852 -4067 Annex II PAYMENT SCHEDULE STRAIGHT PURCHASE OPTION: 25% DUE UPON ACCEPTANCE OF CONTRACT 50% DUE UPON DELIVERY OF EQUIPMENT 25% DUE UPON ACCEPTANCE OF SYSTEM Annex III RFP RESPONSE ACI agrees to all provisions of the ACI Proposal Response to Brazos County Request for Proposal No. 2007 -032 specifications dated March 14, 2007. These provisions as accepted by ATI shall take precedence over any contractual wording. Any exceptions to the provisions have been clearly noted in the Proposal Response. All fliated Communicaitionc ♦ 730 Avenue F, Suite 210 ♦ Plano,'rX 75074 ♦ Ph: 972 - 852 -4000 ♦ Fax: 972 -852 -4067 9 7 10 BANK DEPOSITORY FOR BRAZOS COUNTY RFP 2007 - 024 5/3112007 - 513112011 5.0 EVALUATION FACTORS: Banks that qualify per 4.0 will be evaluated: Evaluated by designated committee 7 members Citibank Compass Bank First Nat'l Bank Wells Fargo 5.1 Ability to meet Service Requirements (20 pts.) 138 104 80 102 5.2 Net Rate of Return (20pts.) 136 91 91 69 5.3 Cost of Services ( 20 pts.) 138 88 64 73 5.4 Available Cash management products (15 pts.) 97 78 64 81 5.5 References (15 pts.) 97 92 80 85 5.6 Completeness of Response (10 pts.) 53 55 56 56 TOTAL POINTS 558 1 508 435 466 AWARD TO: CITIBANK APPROVED BY: DATE: 4 187 COMPARISON OF BANK RESPONSES TO RFP FOR DEPOSITORY CONTRACT Citibank Compass Bank First National Bank Wells Fargo Bank QUALIFICATIONS 8.3 Collateral yes yes yes as 8.4.1 Paid up Capital Stock $ 113,000.00 $ 1,011,000.00 $ 52,793,775.00 $ 520,000,000.00 8.4.2 Permanent surplus $ 6,897,832.00 $ 1,504,217,000.00 $ 750,840.00 $24,751,000,000.00 8.6 Good faith check submitted yes yes yes yes 8.7 Online banking yes yes yes yes general information 2nd largest US bank Banco BVA pending Franklin Bank Corp 5th largest US bank Bank Qualifies Amount to defer costs of changing banks N/A (current bank) $ 5,000.00 $ 2,500.00 Waive set -up fees for Treas Mgt ($400) in supplies ordered from bank Will provide 3 Panini scanners for desktop deposit ($3,600) 8.9 References Brazos County Bell County Treasurer City of Bryan TAMU System good good - esp online product good - wire/ACH req good - good products a call from bank - customer service Exhibit C: Fee Schedule 1.0 SUPPLIES 1.1 Printed Checks At cost At cost bank's cost + 7.5% vendor cost 1.2 Printed Deposit Slips N/C At cost bank's cost + 7.5% vendor cost 1.3 Personalized Endorsement Stamp At cost At cost bank's cost + 7.5% vendor cost 1.4 Zipper Lock Bags and Keys At cost- inclding plasti At cost *require poly bank's cost + 7.5% at cost *require poly 1.5 Zipper Non -lock Bags N/C N/A bank's cost + 7.5% provide one 1.6 Safe Deposit Box N/C N/C for one N/C -avail size N/C for one 10x10 2.0 SERVICE 2.1 ACCOUNT MAINTENANCE Monthly maintenance $ 6.00 $ 5.00 $ 10.00 $ 8.00 2.2 DEPOSIT SERVICES Checks Paid $ 0.08 $ 0.10 $ 0.15 $ 0.06 Deposit Tickets $ 0.14 $ 0.25 $ 0.30 $ 0.40 Items Deposited $ - $ 0.06 Local Clearing non - encoded $ 0.08 $ 0.06 $ 0.05 $ 0.06 Houston Area Items non - encoded $ 0.08 $ 0.06 $ 0.06 $ 0.08 Other Fed Districts, non- encoded $ 0.08 $ 0.06 $ 0.06 $ 0.08 Encoding - Local $ - N/C N/C N/A Encoding - Foreign $ - N/C N/C N/A Currency per strap .05/$100 $ 020 $ 0.35 $ 0.001 Coin per roll $ 0.10 $ 0.08 $ 0.08 $ 0.08 Currency Deposited .07/$100 $ 0.09 $1/$1000 Money Order N/C N/C $ 3.00 $ 6.00 Cashier's Check N/C N/C $ 5.00 $ 6.00 Deposited Check Returned Unpaid $ 2.50 $ 3.00 $ 5.00 $ 2.50 Stop Payment $ 5.00 $ 10.00 $30 / $20 online $6 online / $25 manual Quarterly FDIC assessment N/C .03649779 *days /360 *ave ledgerbal /100 .23 per $1.000 ledger balance .03050/$1000 Overdraft Fee N/C $ 25.00 $ 30.00 $ 30.00 2.3 ONLINE SERVICES Maintenance Fee $40 no acct limit $15 per acct $24.95 $15 /acct previous&intraday - $15/acct; .04titem User Fee N/C WC N/C Na Transfers between accounts N/C N/C N/C Citibank iCompass Bank First National Bank Wells Far o Bank Page 1 q4r fg& 2.4 ACCOUNT RECONCILIATION Reconciliation - Monthly Maintenance $10 full and partial $25 full / $15 partial N/A $30 full / $20 partial Reconciliation - Items $ 0.04 $0.04 partial & full N/A .06 per check pd Positive Pay - Monthly Maintenance $ 10.00 $15 one either p /full $ 50.00 N/C with ARP Positive Pay - Items $ 0.03 $ 0.02 $ 0.05 .02 / item Positive Pay EAamptien EXCEPTION N/C $ 2.00 $15 per /item $1 per item CD ROM $10 per CD $15 mo w /ck truncation $ 25.00 $ 20.00 CD ROM Imaging - Items $ 0.02 $ 0.03 $ 0.02 $ 0.02 Creation of Output Tape $ 50.00 $40/$20 no tape avail diskette /CD -Rom N/A $10 per direct file transmission; tape not available 2.5 AUTOMATED CLEARING HOUSE $5 online maintenance $150 one time fee ACH batch processed $ 5.00 $ 9.50 $ 10.00 $15 mo released aint / $5 batch ACH -- Items $ 5.00 $ 0.80 $ 0.15 .05 two -day item Rejected Items $ 0.06 $ 3.00 $ 3.00 Returned Items $ 1.50 $ 3.00 $ 3.00 $ 1.50 EDI - Monthly Service $ 7.50 $2 per day (not /mo) N/A $ 15.00 EDI -- Report $ 3.50 $0.25 per item (not/rpt) N/A .05 per addenda /.05 per item ACH Credit Received $ 0.10 $ 0.25 N/C $ 0.15 ACH Debit Received $ 0.10 $ 0.10 $ 0.10 $ 0.15 2.6 WIRE TRANSFER Wire Transfer -- incoming (domestic) $ 5.00 $ 8.00 N/C $ 6.00 Wire Transfer -- outgoing (domestic) $ 5.00 $81$6 online non rep/ repetative $ 15.00 $6 PC initiated Funds Transfer Mail Advice N/C - available online N/C $ 1.00 3.0 ADDITIONAL SERVICES /FEES $60/ml remote capture p in Attachment 13 $100lmo remote dep ction chlstatet reproduction reproduction equip -one time charge .07/item remote dep $5 photocopy $899 - large unit $499 smaller unit $65/location remote dep $10 ACH reversal or deletion $8 zero balance accounts $201mo fee sweep & zero bal acct $5/mo zero bal acct Payroll cards:.50 /acct maintenance $10 /acct CEO return subscripin /.04 per acct $2/card issued .2511oad $20 pull & destroy card $7.50 /mo ACH fraud filter .15 per item Exhibit D: Special Services 1.0 DIRECT PAYROLL DEPOSIT 1.1 Set up fee $ - N/C $150 $150 - WAIVED 1.3 Monthly Charge $ 5.00 $ 15.00 $ 25.00 $ 15.00 1.4 Transmission Charge $ 5.00 $ 9.50 $ 10.00 $ 5.00 1.5 Each Record /File $ 0.06 $ 0.08 $ 0.15 $ 0.05 1.6 Reversal Charge $ 5.00 $ 3.00 $ 3.00 $ 10.00 1.7 Discuss the process for transmitting data from Brazos County to the Bank? Citibusiness online internet NACHA formatted file using Co. ACH software or Bank's system via internet Direct ACH transmission or via Internet Citibank Compass Bank First National Bank Wells Far o Bank Page 2 9 18. 1.8 Will the direct deposit originate at the local bank or a secondary Service Center in location? If secondary, where? Englewood Cliff NJ Birmingham Ala Austin transmit files to WF 1.9 Is there a support contact local reps and /or E- banking member Is available for technical problems? Dallas Service Cntr toll free telephone - available to answer questions and to come on- Explain. 18775280990#4 several numbers site at n/c Client Services Dpt 1.10 Will the Bank provide a free checking account for County employees Through Bank at Work yes - w or w/o dd also for employees who who utilize direct deposit? Program see Att 9 yes - w or w/o dd "qualify" 1.11 State the delivery requirements for deposits to be posted to 48 hours prior (with by 6pm 2 business employee accounts by Friday exceptions, 24 days prior to by 7 pm CST on morning? hours) settlement date by 2:00 pm Thurs Wednesday System auto confirms receipt of trnas Win 15 min - rejected file notice given 1.12 Additional information regarding Immediately. Ability to Direct Payroll Deposit: schedule future -dated trans up to 45 day b/f 2.0 REPORTS 2.1 Daily Account Balances (section 7.5.1) 2.1.1 Operating Account N/C $ 15.00 N/C $15per mo /.04 per item 2.1.2 Total Balance of Other Accounts N/C $ 15.00 N/C N/C 2.1.3 How will this report be delivered Accesss Treas Info to the County (online, FAX, e-mail, Reporting module via the Commercial Electronic other)? Citibs online online internet Office portal 2.2 Monthly Statement (section 7.5.2) -- N/C - online, CD Rom paper or CEO / online one day after close of statemt discuss method of delivery or Paper $2.50 online or US mail mailed monthly cycle .05 /Item 2.3 CD or equivalent medium of $15 CD and online view - Cancelled Checks (section 7.5.3) $50 deposits as well $25 $20per mo 1.02 per item 2.4 Account Analysis Report including interest earned or service fee charges (section 7.7) N/C N/C N/C paper or online N/C 2.5 Monthly collateral report (section 7.8) N/C N/C N/C N/C prefer County's prior ok to proposed letter of credit - by phone, e-mail or fax sub on par for par w/o 2.6 If Bank wishes to make a collateral prefer Co. waive prior bank is responsible for approval of as transaction; substitution, how will Brazos County be approval for sub of insuring there is pledged Co amy opt out d agree to notified? Through Bank of NY equivalent collateral collateral at all times respond in a timely manner 2.7 Additional comments regarding Acct Analysis excess apid All available via CEO and reports: by 15th of next month Many available online online can be customized Exhibit E: 1.0 INVESTMENTS 1.2 INTEREST BEARING CHECKING ACCOUNTS 1.2.1 Please state a fixed or variable rate for Interest Bearing Checking Accounts Fixed Rate: N/A N/A N/A N/A Variable Rate: FedFunds - 25bp currently 5.16% FecIF - 25bp on first 35bp prior �mo ave 3 mo Libor - (explain in detail) I FedFunds - 10% on $25 mil /FF -40b all currently 5.35.35 =5% Minimum Rate: Inone none on ALL combined N/A Minimum Balance Required I none Inone Coun De osits N/A Citibank Com ass Bank First National Bank Wells Fargo Bank Page 3 1.2.2 OK to create an interest - bearing pooled checking account no - see proforma Fixed Rate: N/A n/a N/A N/A Variable Rate: prior mo 91 -day current) y 5.16% FedF - 25bp on first prior mo ave 3 mo Libor - 35bp (explain in detail) T -Bill + 35 by FedFunds -10% on $25 mil /FF -40bp all currently 5.35-.35 =5% collected be[ -10% reserve over $25 mil Minimum Rate: none none on ALL combined N/A Minimum Balance Required: none none County Deposits N/A 1.2.3 The County Clerk Trust rates Fixed Rate: N/A n/a N/A N/A Variable Rate: current) 5% currently 5.16% FedF - 25bp on first prior mo ave 3 mo Libor. 35bp (explain in detail) FedFunds - 25bp FedFunds - 10% on $25 mil /FF -40bp all currently 5.35- .35 =5% NOW account collected bal -10% reserve over $25 mil Minimum Rate: none none on ALL combined N/A Minimum Balance Required: none none County Deposits N/A COMMENTS: federalreserve.gov / rates pulled daily from eking acct interest pd releases/h15_FF_0.txt Bloomberg will be a line item charge averaged at mo's end on monthly analysis 1.3 DEPOSITORY BANK CERTIFICATES OF DEPOSIT/TIME DEPOSITS range from 1.7% to 4.25% 1.3.1 less than $100,000 7 - 29 days T Bill less 15bp comp mat T -bill +25bp N/A 30 - 89 days T Bill less 15bp comp mat T- bill +25bp T -Bill less 25 by 90 - 179 days T Bill less 15bp comp mat T- bill +25bp T -Bill less 30 Bp 180 - 364 days T BIII less 10bp comp mat T -bill +25bp T -Bill less 30 Bp 365 days or more T BIII less 10bp comp mat T- bill +25bp T -Bill less 30 Bp 1.3.2 greater than $100,000 or = 7 - 29 days T Bill less 20bp comp mat T -bill +25bp N/A 30 - 89 days T Bill less 20bp comp mat T- bill +25bp 1 mo T -Bill less 25bp 90 - 179 days T BIII less 20bp comp mat T- bill +25bp 3 mo T -Bill less 30 by 180 - 364 days T Bill less 15bp comp mat T- bill +25bp 6 mo T -Bill less 30 by 365 days or more T Bill less 15bp comp mat T- bill +25bp 1 yr T -Bill less 30 by 1.4 Source of Treasury Bill Rate federalreserve.gov/ Bloomberg govt Bloomberg & WSJ federalreserve.gov releases/h15/CurrenV page BTMM day or req date quoted Comments: 1.5 INVESTMENTS OUTSIDE THE DEPOSITORY BANK 1.5.1 Safe - keeping at Depository Bnk initial deposit n/c N/C if through How Citibank N.A. see attch 13 Wells Fargo Institutional Brokerage Accounts 1.5.2 Safe - keeping at a Third -Party Bank. N/A How N/A add'I info in sect 8 1.5.2 Money Market Mutual Fund Sweep Accounts N/C for self directed 1.5.2.1 How will the Bank's administrative fee be structured? $100 1mo for automated sweep $75 per account $20 /mo sweep acct no fee if to WF acct see sect 8 1.5.3 Quarterly Pricing of Securities: There are times at the end of each quarter when securities in the Brazos County investment portfolio must be priced at market value by a third pa N/C If WF brokerage 1.5.3.1 Provide Service? Fee $150 min - attach 13 FinSer customer Citibank Compass Bank First National Bank Wells Fargo Bank 2.0 RATES 2.1 EARNINGS CREDIT RATE Page 4 q4 1 / Page 5 q� lqq�, prior mo average 91 day T -Bill used 5.31% mo ave of discount 91 -day T Bill rate during mo of service accrual used 4.94% (Mar - 4.95 %) 3 -mo T -Bill (constant maturity) from last bs day of prior month used 5.02% average of prior month's 91 day T -Bill auction disc rate less 83 by used 4.01% 2.2 INTEREST RATES 2.2.1 On Checking Accounts Fed Funds - 25bp currently 5% prior mo ave daily FedF effective rate less 10bp pd on daily collected bal less 10% reserve req currently 5.16% stated Fed Funds rate - 25bp on all collected co dep first $25 mil / FFR- 40BP dep over $25 mil 5%14.85% prior month's average 3 month Libor male less 35bp currently 5.01% 2.2.2 On Pooled Account (currently 34 accounts in pool) same as 2.2.1 same as 2.2.1 same as 2.2.1 same as 2.2.1 2.2.3 Savings Accounts same as 2.2.1 same as 2.2.1 same as 2.2.1 2.3 SWEEP ACCOUNT RATES 1 day to 270 days 4.81 % to 4.95% $75 / mo currently 4.44 - 4.95% 3 types of funds +25bp if >2.5 mil same as 2.2.1 indexed from FedF rate and is 8ered - rate? $75/mo fee (acct analysis) COMMENTS much more info 3.0 COLLATERAL 3.2 Able to provide collateral 3.2.2 Fee (explain) yes N/C - 110% yes n/c 102% yes Wgovtagency 3.3 If less, how much? 3.4 How will deposits be secured? letter of credit with Fed acceptable securities s Home Loan Bnk Atlanta pledged through a and CMO's COMMENTS: online investmenting add'1 L of C as needed third party trustee in custodian :Federal available safekeeping Reserve Bank Proforma Citibank Compass Bank -First National Bank Wells Fargo Bank * *INTEREST PAID TO COUNTY ($3600 service chg) $ 291,631.80 $ 282,412.64 $ 296,235.52 $ 273,798.34 * *RATE OF PROFORMA INTEREST * *COST OF SERVICES 5.31% $ 2,943.84 5.15% $ 2,794.46 5% on first $25million 4.85% on remainder $ 3,012.73 5.01% $ 3,041.41 * *INTEREST PAID TO COUNTY (proforma service chg) $292,334.62 $ 283,345.74 $ 296,860.00 $ 274,570.01 "EARNINGS CREDIT RATE for proforma Jan/2007 4.96% 4.94% 5.02% 4.01% `* *NOTE THE FOLLOWING: Interest paid to County when quarterly FDIC charged $ 292,334.62 Citi has N/C $ 280,724.57 $ 279,261.44 $ 271,522.11 interpolated over one year assuming balances and all other charges remain the same $ 3,508,015.44 $ 3,389,663.80 $ 3,491,925.76 $ 3,282,648.52 $118,352 > Compass $16,089 > FNB $225,366 > W F Page 5 q� lqq�, REQUEST FOR SALVAGE DESIGNATION 1. Group of 5 office chairs 2. IBM printers & stand (2) 3. Okidata printers (9) 4. cable management parts 5. server rack components 6. wall shelf/brackets 7. ribbons for unidentified printers 8. Dictaphone 9. old flatbed scanner 10. small hp deskjet printer 11. IBM typewriter 12. TI calculator 13. Small zenith TV, very old THE ITEMS LISTED ABOVE ( #1 -13) ARE APPROVED FOR SALVAGE DESIGNATION: broken backs, wheels, etc. not working not working not working doesn't work with newer computers not working not working not working unknown if working iq3 BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge NUMBER 560010 DATE OF COURT MEETING: May 22, 2007_ ITEM: Consider and take action on Bryan Texas Utilities' cost estimate of $14,214.17 to relocate an overhead electrical line (at the County's request) along Old Reliance Road to accommodate roadway improvements. Site is located in Precinct 2. Copy of Requisition No. 00013991 in the amount of $14,214.17 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 W.W. Humphries and Macedonia SUBMITTED BY: 91- Richard F. Vance, P.E. County Engineer CC07 -048 This Request is Date: Church properties. APPROVED Commissioner E. Duane Peters Precinct 2 / Denied ❑ by Commissioners' Court Randy Sin X, County Judge 74 10 /spi /spitools /optio /images /ars1812.tif COUNTY JUDGE PAGE 1 REQUISITION 00013991 REQUESTED REQUIRED APPROVAL GRP R &B BUYER 05/16/07 05/16/07 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 ESTIMATE TO RELOCATE LINES FREIGHT LINES OLD RELIANCE ROAD R2 -169 WO # 3 LN /ST COMMODITY STOCK NO QUANTITY UOM UNIT PRICE 0 ESTIMATE TO RELOCATE OVERHEAD 1.00 EA 14,217.1700 ELECTRICAL LINES OLD RELIANCE ROAD R2 -169 WO # 31186 TOTAL PRICE DIV /FUND ACCOUNT PROJECT ACCOUNT 56001000 80710000 REQUISITION TOTAL PAGE TOTAL q � l q5 EXTENSION/ TAX /TRADE -IN 14,217.17 0.00 0.00 14,217.17 CHARGE AMOUNT 14.217.17 14.217.17 14,217.17 BRYM! TEXAS UTILITIES UP THE ENERaYTO SERVE You BNVCE ipt9 May 15, 2007 Inv. #0509807172 Linda Muegge Brazos County Road & Bridge 2617 W. Hwy 21 Bryan, TX 77803 Re: Old Reliance /Mathis Creek Une Relocation Dear Linda Muegge, Your request to relocate an overhead electric line along Old Reliance Road has been investigated. The estimated cost for this relocation will be approximately $14,214.17. As before, Bryan Texas Utilities will bill Brazos County on the actual "as built" expenses for this relocation. This project consist of removing approximately 1,433 linear feet of single phase line and installing approximately 1,571 linear feet of single phase line. This will require a new 20' electric easement along the new right -of -way line from the W.W. Humphries and Macedonia Church properties. Before the job may be released for construction, 1 will need the easements signed and returned, the 20' easement right -of -way cleared of trees and the new fence line built. Sincerely, Allen Kristof BTU -Line Designer 979 - 821 -5730 akristof(@btutilities.com via: email aq . I* A3H O � N m 7 N A O V m � ip fn N I O i I N N I i I m i I � i I i IN I IN i I I i I F i I F i I x i I i A Rr; N I I � NNN� wNN� OTT4m I Go O AT Wm� j � nNNj �N >N>F ONwI^r pu�n� pwU� C y cA0 < i I yy14R I I wD NVD� r y w w ND4 � 41G D I I O O N AZ 1 I N2 CN IN © Q 0 qb p -yI Ay1 TIC JDr Jar �G I �f in ;r in ;r ;m pN pN N A i N N 4 nIN I ON O N A N I O m O 0 1 I vN O p!O VDF D< 'A m G S m A D O OI 1 OR �T AN N is Z s m I j I ON N Z O T 00 = y a i K O • Z I X I I 4 -NT 1 I a,p1, ,m, o u O cm sa I �.ypioF em y N I � P p '9 m O VIN R D yDO� UR1 j I N IlA o nT I IL! 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I C N I I � � r I I � I j i L. 2 i C Ol _�_1_•_�__\ wW i- xg -183' j \ %° CD ACS" W (2104 i om w� wi N �rUwm a) I -N YR IlH KEY BRAZOS COUNTY t COMMISSIONERS' COURT ACTION FORM J5 DEPARTMENT Road and Bridee NUMBER 56001000 DATE OF COURT MEETING: May 22, 2007 ITEM: Request from Verizon Communications to construct a road bore and 60 feet of 25 pair buried cable installations in the right of way of Carrabba Road at its intersection with Wickson Ridge Drive (private); cable will be placed at a minimum depth of 30 inches. Site is located in Precinct 2. SOURCE OF FUNDS: N/A PRESENTATION: All other cable installations will be place in the platted Public Utility Easements in Wickson Ridge Subdivision. REQUIREMENTS: I ) No work will be permitted between front slope and/or back slope. 2) All installation(s) shall be constructed in designated utility easements, if applicable. If no utility easement exists, the installation(s) shall be 1) within 3 -5' of and parallel to the right -of -way line and/or 2) in the case of a road bore, perpendicular to the right -of -way line. 3) If clearing of brush, trees and other obstruction is necessary, it shall be the Applicant's responsibility to do so and to remove all cleared brush, trees etc. from county right -of -way. 4) Ditch line shall be compacted to 90% standard density ASTM -Test Method No. D -698; test shall be conducted by an independent geotechnicai 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. SUBMITTED BY: Richard F. Vance, P.E. County Engineer CC07 -049 This R Date: APPROVED BY: Commissioner E. Duane Peters Precinct 2 -ommissioners' Court 9� l�9 Engineering & Planning 301 Industrial Blvd. Bryan, TX 77803 May 10, 2007 Richard Vance Brazos County Engineering Office County Engineer 2617 W. Hwy 21 Bryan, TX 77803 Dear Mr. Vance: Subject: AGRMNTS 24 BURIED CABLE Enclosed are Form ED -135 and a work location sketch showing the location of our proposed buried cable line on County Roads in Brazos County at Bryan, Texas. This work is to be completed on Work Order 5413- 3POAOBX which is scheduled for June 2007. If you have any questions concerning this work, please contact Gary Recek at our office in Bryan, telephone 979 - 821 -4783 within 15 days so that we may explain of modify our proposal, otherwise, it is understood that this proposal is approved. Si rey, J ! V(C6G' vajac'k� Brenda Vajdak Supervisor — Network Engineer BV:ec Attachment A VERIZON COMMUNICATION Notice of Line Installation May 10, 2007 To The Commissioner's Court of Brazos County ATTENTION COUNTY JUDGE: Formal notice is hereby given that VERIZON COMMUNICATIONS will construct a communication line within the right -of -way of a County Road in Brazos County, Texas as follows: Verizon Communications will place BO feet of 25 pair cable at a minimum depth of 30" within and along the R.O.W. of Carrabba Road where it Intersects with Wickson Ridge Drive. A 70' bore will be made under Carrabba Road for a 200 pair cable to a 20' PUE on east side of the road. All new cable being placed along Wickson Ridge Drive will be placed within 20' PUE. Four 90' bores will be made at crossings as shown on Work Prints 2, 3 & 4. The location and description of this line and associated appurtenances is more fully shown by four (4) copies of drawings attached to this notice. The line will be constructed and maintained on the County Road right -of -way in accordance with governing laws. Notwithstanding any other provision contained herein, it is expressly understood that the tender of this notice by the Verizon Southwest Incorporated does not constitute a waiver, surrender, abandonment or impairment of any property rights, franchise, easement, license, authority, permission, privilege or right now granted by law or may be granted in the future and any provision or provisions so construed shall be null and void. Construction of this line will begin on or after June 5, 2007. VERIZON COMMUNICATIONS 6t'c'� VC6 (2(CLL Brenda Vajdak Supervisor - Network Engineer 301 Industrial Blvd. Bryan, TX 77803 v;;i 9 q r, �„r a© i 5413- 3POAOSX City of Bryan Map Output Page Page 2 of 3 http:// uis. bryantx .gov /gis /servlet/com.esri.esi imap. 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G ro /Ld q k u / s / / ' a @ 2 3 § | u 2 U I E o c 2 N f -i u \ } f BRAZOSCOUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge NUMBER 560010 DATE OF COURT MEETING: Mav 22, 2007 ITEM: Consider and take action on request from Civil Development, Ltd. /Kent Laza (on behalf of developer /Jim Jett) to construct a road bore for an 8 -inch waterline (with encasement) in the ri hg t of way of Jones Road at its intersection with Emperial Loop (private). Site is located in Precinct 4. SOURCE OF FUNDS: N/A PRESENTATION: SUBMITTED Y: Richard F. Vance, P.E. County Engineer CC07 -051 This Request �i,s�,Approved Date: .22 7I%___ County Judge APPROVED BY: C mission r Carey Cauley Precinct 4 by Commissioners' Court f f BRAZOSCOUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge NUMBER 560010 DATE OF COURT MEETING: Mav 22, 2007 ITEM: Consider and take action on request from Civil Development, Ltd. /Kent Laza (on behalf of developer /Jim Jett) to construct a road bore for an 8 -inch waterline (with encasement) in the ri hg t of way of Jones Road at its intersection with Emperial Loop (private). Site is located in Precinct 4. SOURCE OF FUNDS: N/A PRESENTATION: SUBMITTED Y: Richard F. Vance, P.E. County Engineer CC07 -051 This Request �i,s�,Approved Date: .22 7I%___ County Judge APPROVED BY: C mission r Carey Cauley Precinct 4 by Commissioners' Court CIVIL DEVELOPMENT, Ltd. CIVIL ENGINEERING & DESIGN -BUILD SERVICES P.O. Box 11929 College Station, Texas 77842 September 26, 2006 Mr. Richard Vance, P.E. County Engineer Brazos County Road & Bridge Dept. 2617 Hwy 21 West Bryan, TX 77803 Phone: 979-764-7743 - Fax: 979-764-7759 RE: Request to Construct Driveways and Waterline Crossing Aggieland Business Park on Jones Road Brazos County, Texas Dear Mr. Vance: The developer of the Aggieland Business Park, 60- Jones, LLC (Jim Jett), 526 University Drive, Suite 101 -B, College Station, Texas, 77840, request permission to construct two driveways with the associated culverts in the Jones Road right -of -way near its intersection with FM 60. In addition, they will install an 8" water line across Jones Road by boring and installing an encasement pipe beneath the roadway pavement. The attached exhibits show the general location of the project, and the plan/profile view of the proposed roadway waterline crossing. If you have any questions or need additional information, please give me a call at (979) 764 -7743. Sincerely Yours, r. Kent Laza P.E. Project Manager attachments /J l