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HomeMy WebLinkAbout2009-05-05-9:00AM-REGULAR1 BRAZOSCOUNTY BRYAN, TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON 5 MAY 2009 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVENUE, SUITE 106, BRYAN, TEXAS. Invocation and Pledge of Allegiance - Commissioner Peters. 2. Call for citizen's input and/or concerns. Consider and take action on agenda items 3 -17: 3. Budget Amendment 08/09 - 30.1 thru 30.3 4. Personnel Change of Status. 5. Payment of Claims. 6. Request from the Jail Division for creation of "Classification Officer - Jail" position at Group 16, Step 2 and approval of job description, with Reclassification of the Jail Division's Detention Officer, from Class 1511, Position 78, Group 15, Step 2 to Classification Officer - Jail, Position 1, Group 16, Step 2; class number to be determined by Human Resources. The additional funds required to establish the Classification Officer position at Group 16 Step 2 will be obtained by moving classification 1511, position 13 from Group 15 Step 4 to Group 15 Step 2 (previously tabled). 7. Permission to amend the contract with Liberty Tire Recycling, LLC, thereby lowering the price to accommodate the Road & Bridge Department's needs. Office of the County Judge • 200 South Texas Ave. • Suite 332 Bryan, Texas 77803 Fax: (979) 361-4503 VOLIal PAGGE s Commissioners Court Agenda 5 May 2009 Page 2 8. Resolution 09-005 in support of grant application 18033-05 to the Office of the Governor, Criminal Justice Division for funds to continue the Brazos County Drug Court through Fiscal Year 2010, and designation of Arline Parchman, Brazos County Community Supervision and Corrections Department Director, as the authorized official for this grant. 9. Approval and/or ratification of directors for the City of Bryan & Brazos County Economic Development Foundation, Inc. 10. Approval and/or ratification of the by-laws for the City of Bryan & Brazos County Economic Development Foundation, Inc. 11. Request for a septic system variance for property located on FM 2154 in Wellborn, Texas to facilitate an addition and connection for another business building to the current existing septic system. 12. Out of state travel request from the Special Investigations Unit for Interim Commander Michael Welch to attend the Drug Unit Commanders Academy School No. 66 in Quantico, Virginia. Dates of travel are 8-28 May 2009; all expenses for travel, room, board and registration are provided by the DEA. 13. Out of state travel request from the District Attorney's Office for Shane Phelps to attend a course offered by the National District Attorneys Association in Marco Island, Florida on 17-21 May 2009. 14. Tax Refund Applications for the following: a. Irma Hunold b. Gary Thompson c. Thomas E. & Lillian A. Hayden 15. Request from Wickson Creek Special Utility District to construct a 40 fr. road bore for water line installations in the right of way of Edge School House Road at its intersection with FM 974. Site is located in Precinct 2. 16. Convene into Executive Session pursuant to §551.074 of the Texas Government Code to discuss personnel matters pertaining to a County Commissioner. 17. Consider and possible action on the Executive Session. 18. Acknowledgement of the Monthly Reports submitted in April 2009. These reports are available for review in the County Judge's Office. 19. Discussion of a County business continuation plan for use in response to the H1N1 virus. 20. Announcement of interest items and possible future agenda topics. VOL 04 PAGE a v 21. Call for citizen input and/or concerns. 22. Agency / Board / Committee reports by Court members. 23. Adjourn PUBLIC COMMENTS Public Comment during the Commission Meeting may be for all matters, both on and off the agenda, and be limited to four minutes per person. Persons are invited to submit comments in writing on the agenda items and/or attend and make comment at the Commission meeting. Members of the public are reminded that the Brains County Commissioners Court is a Constitutional Court, with both judicial and legislative powers, created under Article V, Section 1 and Section 18 of the Texas Constitution. As a Constitutional Court, the Brazos County Commissioners Court also possesses the power to issue a Contempt of Court Citation under Section 81.024 of the Texas Local Government Code. Accordingly, members of the public in attendance at any Regular, Special and/or Emergency meeting of the Court shall conduct themselves with proper respect and decorum in speaking to, and/or addressing the Court; in participating in public discussions before the Court; and in all actions in the presence of the Court Those members of the public who are inappropriately attired and/or who do not conduct themselves in an orderly and appropriate manner will be ordered to leave the meeting. Refusal to abide by the Court's Order and/or continued disruption of the meeting may result in a Contempt of Court Citation. It is not the intention of the Brazos County Commissioners Court to provide a public fonun for the demeaning of any individual or group. Neither is it the intention of the Court to allow a member (or members) of the public to insult the honesty and/or integrity of the Court, as a body, or any member or members of the Court, or County employees, individually or collectively. Accordingly, profane, insulting or threatening language directed toward the Court and/or any person in the Court's presence and/or racial, ethnic or gender slurs or epithets will not be tolerated. Violation of these rules may result in the following sanctions: 1. cancellation of a. speaker's time; 2. removal from the Cormnissioners Court; 3. a Contempt Citation; and/or 4. such other and/or criminal sanctions as may be authorized under the Constitution, Statutes and Codes of the State of Texas. The County Commissioners Court can deliberate or take action only if a matter has been listed on an agenda properly posted prior to the meeting. During the public comment period, speakers may address matters not listed on the published agenda The Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court. However, responses from the County Judge or Commissioners to unlisted public comment topics could become deliberation on a matter without notice to the public. To ensure the public bas notice of all matters the Commissioners Court will consider, the County Judge and/or Commissioners may choose not to respond to public comments, except to correct factual inaccuracies, recite existing policy in response to an inquiry or to ask that a matter be listed on a future agenda. See Texas Open Meetings Act §551.042. Commissioners Court Agenda 5 May 2009 Page 3 The County Administration Building is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two working days before the meeting. To make arrangements, please call (979) 361-0101 VOL12l PAGE ~ COMMISSIONERS' COURT REGULAR MEETING MAY 5, 2009 A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Brazos County Commissioners Courtroom in the Administration Building, 200 South Texas Avenue, in Bryan, Brazos County, Texas, beginning at 9:00 a.m. on Tuesday, May 5, 2009 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, Absent; 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 Court next considered Budget Amendment #08/09-30.1 through 30.3 that would recognize revenue collected by the Drug Court Program, transfer funds from County Drug Court Fees to Drug Court, from General Fund Contingency to Sheriff's Office-Jail;, reallocate funds for Justice of the Peace, Vol la-I Page 4- Commissioners Court meeting May 5, 2009 2 Precinct 4. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the budget amendment as submitted. A copy each amendment is attached. The Court proceeded to consider the change of status of employees as submitted on the attached Personnel Action Requests. On motion by Commissioner Wassermann, seconded by Commissioner Peters, 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: 7061526 through 7061768 On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to approve the Claims as submitted. The next matter before the Court was consideration of a request from the Jail Division for the creation of the "Classification officer-Jail" position at Group 16, Step 2 and approval of the job description, with Reclassification of the Jail Division's Detention Officer, from Class 1511, Position 78, Group 15, Step 2 to Classification Officer-Jail, Position 1, Group 16, Step 2; class number to be determined by Human Resources. The additional funds needed to establish the Vol I aI Page S Commissioners Court meeting May 5, 2009 3 Classification Officer position at Group 16, Step 2 will be obtained by moving classification 1511, Position 13 from Group 15, Step 4 to Group 15 Step 4 to Group 15, Step 2. On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to approve the request contingent on changing classification 1511, Position 13 from Group 15, Step 4 to Class 1505, Position 4, Group 20, Step 7 to Group 20 step 5. The Court next considered amending the contract with Liberty Tire Recycling, LLC, thereby lowering the price to accommodate the Road & Bridge Department needs. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the amending contract and authorized the County Judge to execute the document. A copy is attached. The next matter before the Court was consideration of Resolution 09-005 in support of grant application 18033-05 to the office of the Governor, Criminal Justice Division for funds to continue the Brazos County Drug Court through Fiscal Year 2010 and the designation of Arlene Parchman, Brazos County Community Supervision and Corrections Department Director, as the authorized official for this grant. On motion by the County Judge, seconded by Commissioner Peters, Vol f 011 Page 4 Commissioners Court meeting May 5, 2009 4 the Court voted unanimously to adopt Resolution #09-005 supporting grant application 18033-05 to the Office of the Governor, Criminal Justice Division for funds to continue the Brazos County Drug Court through Fiscal Year 2010 and the designation of Arlene Parchman, Brazos County Community Supervision and Corrections Department Director, as the authorized official for this grant and to authorize the County Judge to accept such grant funds should they be tendered. The next matter before the Court was the approval or ratification of individuals to serve as directors for the City of Bryan & Brazos County Economic Development Foundation, Inc. On motion by Commissioner Peters, seconded by the County Judge, the Court voted unanimously to approve the following individuals: a. Mayor Mark Conlee as President b. Judge Randy Sims as Secretary & Temporary Treasurer C. Paul Madison d. Chris Pederson e. Jason Bienski f. Mark Carraba The County Judge stated that there were still two (2) more appointments to make. The Court next considered approval of the Bylaws of the City of Bryan and Brazos County Economic Development Foundation, Inc. a Local Government Corporation. Commissioner. Mallard asked Court Counsel if there is a need for the County Vol lal Page Commissioners Court meeting May 5, 2009 5 to carry insurance on the Directors or is each entity carrying insurance on their appointments. Ms. Snelling said she would look into this. On motion by the County Judge, seconded by the Commissioner Peters, the Court voted unanimously to approve the Bylaws and authorized the County Judge to execute the document. A copy is attached. The next matter before the Court was consideration of a request for a septic system variance for property located on FM 2154 in Wellborn, Texas to facilitate an addition and connection for another business building to the current septic system. On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to approve the request for variance. The next matter for consideration by the Court was a request submitted by the Special Investigations Unit seeking approval for out of state travel for Interim Commander, Mike Welch to travel to Quantico, Virginia to attend the Drug Unit Commanders Academy (DUCA) School No. 66 May 8 through May 28, 2009. on motion by Commissioner Peters; seconded by Commissioner Wassermann, the Court voted unanimously to grant the request from the Interim Commander and approved payment of out of state travel expense for Mr. Mike Welch. Vol i a Page $ Commissioners Court meeting May 5, 2009 6 The next matter for consideration by the Court was a request submitted by the District Attorney seeking approval for out of state travel for Assistant District Attorney Shane Phelps to travel to Marco Island, Florida to attend an out of state CLE course "Solving Prosecution Problems" May 17-21, 2009. On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to grant the request from the District Attorney and approved payment of out of state travel expense for Mr. Shane Phelps. The next matter for consideration was approval of tax refund applications from the following individuals and/or companies: a. Irma Hunold, over payment $42.91 b. Gary Thompson, over payment $611.53 c. Thomas E. & Lillian A. Hayden $110.00 On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to approve the tax refund applications. The Court next considered the request from Wickson Creek Special Utility District to construct a 40 foot road bore for water line installation in the right-of-way of Edge School House Road at its intersection with FM 974. The site is located in Precinct 2. The County Engineer stated that all appeared to be in order and recommended approval. On motion Vol I a 1 Page 9 Commissioners Court meeting May 5, 2009 7 by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the request from Wickson Creek Special Utility District and authorized the installation. A copy of the request is attached hereto. At 9:18 a.m. the County Judge announced the meeting closed to the public so that the Court could meet in Closed Executive Session to discuss the personnel matters pertaining to a County Commissioner as allowed under Section 551.074 of the Texas Government Code. At 9:54 a.m. the County Judge announced the meeting open to the public and announced that no action would be taken on the Closed Executive Session. He then read a letter of resignation submitted by Carey Cauley, Jr. effective May 31, 2009 and the County Judge then accepted the resignation. The Court acknowledged receipt of the Extension Service reports for March 2009 and acknowledged receipt of reports from the following County and Precinct Offices showing revenues collected and remitted to the County Treasurer: County Clerk District Clerk Justice of the Peace Precinct 2, Place 1 Justice of the Peace Precinct'2, Place 2 Justice of the Peace Precinct 3 Justice of the Peace Precinct 4 Constable Precinct 2 Constable Precinct 3 Constable Precinct 4 Brazos County Events Facilities Vol 1 a ~ Page 10 Commissioners Court meeting May 5, 2009 Road & Bridge Sheriff 8 A copy of the officials' reports can be viewed in the County Auditor's office. The next matter before the Court was consideration of a County business continuation plan for use in response to the H1N1 virus. Commissioner Mallard was hoping department heads and elected officials could come together for a plan. We need to begin to think of this he stated. He went on to say that he would be looking at names for a committee. Under announcement of interest items and possible future agenda topics, the following spoke: Commissioner Mallard a) He will be out next Tuesday. He will be going to Washington D.C. with the Chamber of Commerce. Under citizen input and/or concerns, the following spoke: Sheriff Chris Kirk a) There were 603 inmates in jail, 545 in the Brazos County Jail, 58 are out sourced, 80 have monitors and 28 are pending for monitors. There were no Agency/Board/Committee reports by Court members. Vol I P I Page Commissioners Court meeting May 5, 2009 9 There being no further business to come before the Court, the meeting was adjourned. s Vol la 1 Page I a The foregoing minutes of the Commissioners Court meeting held May 5, 2009 have been examined and are approved in open Court this the y- day of JCtfLA, , 2009, in Bryan, Brazos County, Randy Duane Peters Commissioner, Precinct 2 Deco 6-se r)( Carey Cauley, Jr. Commissioner, Precinct 4 Attest: Lloyd Wassermann Commissioner, Precinct 1 Kenny Mall "d Commissione , Precin 3 Ka n McQueen County Clerk lerk C!' ✓ Vol j a Page 15 BRAZOS COUNTY COMMISSIONERS COURT Meeting on 2009 @ R? e-0101 Name Organization / Department D. ~~C~ 3u~P~✓ L~ t M. r AJ I-vj ee, A v 4j7A)-JA 6,t gzf X- 44 '11~ 11 O W - Pc--M d s~ V PAGE of VOLJaI PAGE 4 _ BRAZOS COUNTY COMMISSIONERS COURT l YyL- Meeting on 6.12009@ Name Organization / Department , ll a H" e,W W R-NL i C0~ 8 125 Q a PAGE of _ _f3 BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2008-2009 BUDGET YEAR NO. 08/09 - 30.1 thru 30.3 On this the 5`s day of May 2009 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 5 May 2009 the Court heard and approved a budget amendment for the 2008- 2009 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 19 September 2008, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 5°i day of May 2009. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. By Original: County Clerk's Office and attached to the original budget Copies: County Auditor County Treasurer County Budget Officer Commissioners' Court Minutes VOL la I PAGE ►1Q BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 08/09 - 30.1 5/512009 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 41065000 CR Count Drug g Court Fees 1,701.32 0100 22700100 51640000 DR Hourly -Part Time 2,000.00 0100 22700100 53100000 DR Social Security 153.00 0100 22700100 53800000 DR Workers Compensation 3.00 0100 22700100 61040000 CR Awards 454.68 Drug Court To recognize additional revenue collected b the Drug court Program of $1,701.32. Additionally, to allocate funds to allow for the funding of the Defense Attorney a roved b Commissioner's Court on April 28,2009 item #7. I Prepared By: if Date: 4130/2009 VOL lal PAGE I BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 08/09 - 30.2 51512009 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 24401100 59100000 CR DDEA 271.00 0100 24401100 61060000 DR Bonds 271.00 Justice of the Peace Pct. 4 4: Quintero To reallocate funds to allow for the purchase ofnotary supplies for the new clerk. Prepared By: ifj Date: 4/3012009 YGL 131 PAGE g BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 08/09 - 30.3 5/5/2009 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 11001500 61130000 CR Contingency -General Fund 48,000.00 0100 28002000 71050000 DR Contract Inmate Housing 48,000.00 General Fund Contingency & Sheriff Office: Jail Division To reallocate funds to allow for the housing of inmates out of county. L(-3z) - D Prepared By: if) Date: 4/30/2009 VOL I01PAGE 11 PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: May 5, 2009 Department Submitting Information: Human Resources Pumose of Submissions: Consider and Take Action on Change Requests Department Submitting Employee Request Action Requested Request(s) Applies To County Attorney Magness, Judith K. Retirement Drug Court Siegert, William New Hire Sheriff s Office - Jail McEntire, Matthew New Hire Tax Office Klinthworth, Lisa Wood, Mechelle New Hire New Hire Approved in Commissioners' Court: May 5, 20 County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) VOL I01/ PAGE a~ Apr. 28. 2009 4:28PNF611118razos Covnty Road & BridWQ 4_000L No. 2449'°°'P• 2' ` Contract Customer] Invoice lo: Gu4tomet Name:. •MM70% FEIN No.: 'CllyendSfale: ARYAN 1E%AS _ZlpCode:17803 ' Phona Numbar: 1949) 822- 212'1 Fax Number: ( 49 775.8463' - Checlt Oils: Proprietor. Partnership Corp State of lhoolporetion Norrie of PAclpal: KAY TRACY Title: Service: TTA~Igr. Opnspartalion and processing, recycling and/or disposal of Customer's waste llre6, Servlue Looallon: Location Name:, • SAME AS ALCOVE Address: Cliy and 6lete:• Zip Code: . Ph'one'Number: Y ) Fax Number: 1' S NIre Chntact: "AIG SOLLIVAR Title: Effective Dato of Seivioe: Service Fees: Trailer Drop Fee:, $ Cost Pe oa or ton: per (check ohe load ton Overweig . Charge (exceeding 15 tons per load): per (check one): oad,_ton Standby Fee: per month Rim Removal Fee: $ per Ilya Special Conditions: 1. All loads are Involced in advance. 2. All service Is G.O.D. Wlthoul e~omved credit, 3. Conlmctorshall not be required to accept tires exceeding 54" In helShl or Wib width. ' Signatures: Customer Pilot'Customer Name and Title: 'Con(ractor (Customer to initial below) Dale: 7. V r✓ .May 2007 81aodard Form Paao 1 o12 LTA COPY Contractor'. Yd6ertv'A9re Recycling, LLC 5302 Wade Road Baytown, Tama 77521 Rhona: 281/424.4011 Toll Free: 800/249-5087 Fax: 281/424-3882 BULK SERVICE AGREEMENT VOL IOR PACE o2 l TAX EXEMPT STATUS: As a political subdivision of the State of Texas, Brazos County is tax exempt. Tax exemption certification will be furnished upon request. GOVERNING LAW AND VENUE: The validity of the Agreement and all matters pertaining thereto shall be governed and determined by the Constitution and the laws of the State of Texas. Venue for any suit filed against Brazos County shall be Brazos County. LIMITATIONS: The parties are aware that there are constitutional and statutory limitations on the authority of Brazos County to enter into certain terms and conditions of the Agreement, including, but not limited to, authorizations of the placement of liens on Brazos County property; disclaimers and limitations of warranties; disclaimers and limitations of liability for damages; waivers, disclaimers and limitations of legal rights, remedies, requirements and processes; limitations of periods to bring legal action; granting control of litigation or settlement to another party; liability for acts or omissions of third parties; payment of attorneys' fees; dispute resolution; indemnities; and confidentiality (collectively, the "Limitations"). Any Agreement terms and conditions related to the Limitations will not be binding on Brazos County except to the extent authorized by the laws and Constitution of the State of Texas. SOVEREIGN IMMUNITY This Agreement is expressly made subject to Brazos County's Sovereign Immunity, Title 5 of the Texas Civil Practices and Remedies Code, and all applicable federal and state law. The parties expressly agree that no provision of this Agreement is in any way intended to constitute a waiver or any immunities from suit or from liability that the Brazos County has by operation of law. Nothing in this Agreement is intended to benefit any third parry beneficiary. INDEPENDENT CONTRACTOR. Brazos County is engaging , rri as an independent contractor for the specific purpose of providing the services in n this agreement. ASSIGNMENT Provider may not assign or subcontract any of its rights, duties and/or obligations arising out of this Agreement without the prior written consent of Brazos County. SEVERABILITY. In the event that a court finds any provision of this Agreement invalid and/or unenforceable, both parties agree the remaining provisions shall remain valid and in force. TERM AND TERMINATION. This agreement is effective immediately after signature by both Independent Contractor and Brazos County. VOL Ial PAGE ,12 FISCAL FUNDING CLAUSE Notwithstanding any provisions contained herein, the obligations of the County under this Contract are expressly contingent upon the availability of funding for each item and obligation contained herein for the term of the Contract and any extensions thereto. The Contractor, any Subcontractor, any Sub- subcontractor, or any other person or entity directly or indirectly employed by the Contractor or performing Work or supplying materials or equipment on the Contractor's behalf, or any other person or entity to whom the Contractor may be liable to, shall have no right of action against the County in the event the County is unable to fulfill its obligations under this Contract as a result of lack of sufficient funding for any item or obligation from any source utilized to fund this Contract or failure to budget or authorize funding for this Contract during the current or future fiscal years. In the event that the County is unable to fulfill its obligations under this Contract as a result of lack of sufficient funding, or if funds become unavailable, the County may, in its sole discretion, provide funds from a separate source or may, in its sole discretion, terminate this Contract by written notice to the Contractor at the earliest possible time under the circumstances. VOL ~a PAGE CPA Term Contract 962-A6-USED TIRE AND RUBBER SCRAP http://www.window.state.tx.us/pr6curement/cat_page/cat_962_a6_O7... ® Window on State Government Susan Combs 1aas(:Msptmlkr of NWilrowuu 962-A6-USED TIRE AND RUBBER SCRAP REMOVAL AND Search Term DISPOSAL/ RECYCLING SERVICES Contracts 01/2007 THRU 08/2009 962-A6 F_ For Further information contact Dana Edwards, Purchaser E at (512) 463-2563 or .-.ail at Pulchaser.E?Cpa.sta Ce.tr..us NOTE: The products listed are for the use by eligible State of Texas entities ONLY and are not for personal purchase or purchase by commercial entities. Qapse all sections I ev-andall moons s General Contract Iri orm_aYiQn GENERAL CONTRACT INFORMATION: Section 1 1.1 DESCRIPTION: Used Tire and Rubber Scrap Removal and Disposal/Recycling Services. 1.2 TYPE OF CONTRACT: Automated Firm Price 1.3 TERM OF CONTRACT: The term of this contract is January 1, 2001 through August 31, 2009. 1.4 MINIMUM ORDER: $500.00 1.5 SPOT PURCHASE OPTION: Qualified Ordering Entities have the option of using this contract or non-competitive purchase procedures for orders less than $500.00. 1.6 ZONE: This contract covers all zones in the state of Texas. 1.7 WARRANTY: Vendor shall indemnify and hold harmless the State of Texas and Qualified Ordering Entities from and against all claims, actions, suits, demands, proceedings costs, damages, and liabilities, arising out of, connected with, or resulting from services provided under this contract related to the transport, disposition, and disposal and/or recycling of waste tires and rubber debris. 1.8 CASH/EDUCTIONAL DISCOUNT: NONE 1.9 QUANTITY OR LARGE ORDER DISCOUNT: Bidders are encouraged to offer discounts for one time delivery of large single orders of items. These should be indicated beside the item being bid. These discounts will not be considered in determining the law bid. 1.10 FUNDING OUT: Any blanket purchase order (an order calling for multiple deliveries over a specified period of time and approved by CPA) is contingent upon the continued availability of appropriations. 1.11 CPA CONTRACT MANAGER: Any questions concerning this contract may be directed to: Dana L. Edward., CTPM Texas Comptroller of Public Accounts P.O. Box 13186 Austin, TX 76711 Phone: 512.463.2563 FAX: 512.475-0851 E-Mail: Dana.Edwards@cpa.state.tx.us 1.12 ACCOUNT SET UP AND CONTRACT PURCHASE REQUISITIONS: The following are links to purchase requisitions forms: St s[e Anen~:iesi!ini az rsi ties Coo ~u reti :,o oulChd9inU Members HOW TO SET UP AN ACCOUNT: For new account set-ups, a requisition must be entered or sent to the CPA for entry to generate a purchase order to the vendor. For assistance, please contact the vendor Account Representative listed at the bottom of the contract or Dana Edwards, CTPM, CPA. CONTRACT PURCHASE REQUISITION INSTRUCTIONS: Qualified ordering entities must establish a purchase order against the contract by entering or submitting a Contract Purchase Requisition representing the closest monetary value of expected expenditures to the following: I of 5 V©L101 PAGE ;?4- 9/26/2008 11:56 AM CPA Term Contract 962-A6-USED TIRE AND RUBBER SCRAP State Agencies and Universities: Open Market Data Entry Fax No.: 512-475-0707 Cooperative Purchasing Members: Fax No: 1-800-472-5463 or 512-936-2667 http://www.window.state.tx.us/procurement/cat page/cat-962-a6,07... EXAMPLE: You have estimated your tire/rubber scrap annual expenditures to be $5,000.00. Submit a contract purchase requisition to establish a blanket order using the designated commodity codes per vendor and include 5,000 in the quantity field. In this example, releases can be placed against the blanket order up to the maximum of $5,000. Care should be given in tracking usage so as not to exceed the amount. 962-84-21994-4 for Liberty Tire Recycling, Inc. Designate the beginning and end dates (aligning end date with the term of the 962-A6 Contract) on each purchase order by using CPA Term Contract Clause 3B. The requested end date cannot extend past the term of the 962-AG contract. Clause 38: SERVICE PERIOD OF PURCHASE ORDER FOR CONTRACT NO. 962-A6 - USED TIRE/RUBBER SCRAP REMOVAL/DISPOSAL START DATE: END DATE: Questions concerning processing procedures for Contract Purchase Requisitions should be directed to the following: Co-Operative Purchasing Members 512-463-3368 1.13 PURCHASE ORDERS: Only contract purchase orders issued by the CPA automated contract purchasing system are eligible for contract pricing. Prior to beginning services, the awarded vendors( must require a copy of the CPA purchase order from ordering entity. Purchase Order quantities/amounts designated for removal are estimates only and no guarantee of any minimum or maximum purchase is made or implied. ordering entities should take care in tracking usage so as not to exceed the estimated amount reflected on the purchase order. A Purchase Order Change Notice may be used to increase/decrease the amount during the period designated for the services. The Purchase Order Change Notice form can be located as the following link: . "are tirdr:r ' range li o-'.i i' All blanket orders shall terminate upon the expiration date of contract 962-A6, or the expiration date shown on the blanket order, whichever is earlier. Section 2 Special Instructions and Conditions 2.1 INSURANCE: CPA is responsible for maintaining in the contract file the required insurance from each vendor. The required coverage must remain in effect through the entire term of this contract. Required insurance is as follnWS: A. Worker's Compensation and Employers' Liability coverage with limits consistent with statutory benefits outlined in the Texas Workers' Compensation Act (Art. 8308-1.01 at seq. Tex. Rev. Civ. Star.( and minimum policy limits for employers Liability of $500,000. B. Commercial General Liability with a combined single limit of $500,000 per occurrence for bodily injury and property damage and a combined single limit of $1,000,000 per occurrence. The policy shall contain the following provisions: 1. Blanket contractual liability coverage for liability assumed under the contract. 2. Independent Contractors coverage. 3. Dishonesty Bond, Minimum $5,000.00 4. Cargo Minimum $100,000.00 C. Business Automobile Liability Insurance for all owned, non-owned and hired vehicles with a minimum combined single limit of $1,000,000 per occurrence for bodily injury and property damage. Alternate acceptable limits are $500,000 bodily injury per person, $1,000,000 bodily injury per occurrence and at least $250,000 property damage liability per accident, The policy shall contain the following endorsement in favor of the TSPC. 1. Wavier of Subrogation endorsement. 2. 30-Day Notice of Cancellation endorsement. 3. Additional Insured endorsement. D. Umbrella Liability Coverage with limits not less than $1,000,000 per occurrence for bodily injury and property damage. E. The awarded vendors shall provide the CPA a copy of the insurance certificate within 30 days of Notice of Award. 2 of5 VOL W PACE .25 9/26/2008 11:56 AM CPA Term Contract 962-A6-USED TIRE AND RUBBER SCRAP http://www.window.state.tx.us/procurement/cat_page/cat_962_a6_O7... 0Window onStatcGovernmcnt sWancmm~s7nyr.,,n,p,m)kr„r(},hc.:,.,x,n„ 962-A6-USED TIRE AND RUBBER SCRAP REMOVAL AND Search Term DISPOSAL/ RECYCLING SERVICES Contracts 01/2007 THRU 08/2009 962-A6 F E, For Further information contact Dana Edwards, Purchaser E at (512) 463-2563 or e-mail at Po:chasc E•a cpa.state.tx.us NOTE: The products listed are for the use by eligible State of Texas entities ONLY and are not for personal purchase or purchase by commercial entities. collapsa.all sections I gxpand all sections. tL General ContractInformation GENERAL CONTRACT INFORMATION: Section 1 1.1 DESCRIPTION: Used Tire and Rubber Scrap Removal and Disposal/Recycling Services. 1.2 TYPE OF CONTRACT: Automated Firm Price 1.3 TERM OF CONTRACT: The term of this contract is January 1, 2007 through August 31, 2009. 1.0 MINIMUM ORDER: $500.00 1.5 SPOT PURCHASE OPTION: Qualified Ordering Entities have the option of using this contract or non-competitive purchase procedures for orders less than $500.00. 1.6 ZONE: This contract covers all zones in the state of Texas. 1.7 WARRANTY: Vendor shall indemnify and hold harmless the State of Texas and Qualified Ordering Entities from and against all claims, actions, suits, demands, proceedings costs, damages, and liabilities, arising out of, connected with, or resulting from services provided under this contract related to the transport, disposition, and disposal and/or recycling of waste tires and rubber debris. 1.8 CASH/EDUCTIONAL DISCOUNT: NONE 1.9 QUANTITY OR LARGE ORDER DISCOUNT: Bidders are encouraged to offer discounts for one time delivery of large single orders of items. These should be indicated beside the item being bid. These discounts will not be Considered in determining the low bid. 1.10 FUNDING OUT: Any blanket purchase order (an order calling for multiple deliveries over a specified period of time and approved by CPA) is contingent upon the continued availability of appropriations. 1.11 CPA CONTRACT MANAGER: Any questions concerning this contract may be directed to: Dana L. Edwards, CTPM Texas Comptroller of Public Accounts P.O. Box 13106 Austin, TX 78711 Phone: 512.463.2563 FAX: 512.475-0851 E-Mail: Dana.Edwards@cpa.state.tx.us 1.12 ACCOUNT SET UP AND CONTRACT PURCHASE REQUISITIONS: The following are links to purchase requisitions forms: State Ane n.^i.esiUni versi.ti~^.. Cccoerative Pu r,;hasiu4 Menti:e~_ HOW TO SET UP AN ACCOUNT: For new account set-ups, a requisition must be entered or sent to the CPA for entry to generate a purchase order to the vendor. For assistance, please contact the vendor Account Representative listed at the bottom of the contract or Dana Edwards, CTPM, CPA. CONTRACT PURCHASE REQUISITION INSTRUCTIONS: Qualified ordering entities must establish a purchase order against the contract by entering or submitting a Contract Purchase Requisition representing the closest monetary value of expected expenditures to the following: 1 of 5 9/26/2008 11:56 AM CPA Term Contract 962-A6-USED TIRE AND RUBBER SCRAP http://www.window.state.tx.us/procurement/cat_page/cat_962_a6_07... F. It shall be the responsibility of the awarded vendors to insure that any and all subcontractors comply with the same insurance requirements referenced above. Section 3 SCOPE OF SERVICES 3.1 SERVICE REQUIREMENTS: Pick up, removal, transportation and disposition of waste tires and any other type(s) of rubber debris (both herein referred to as waste material) accumulated by Texas state agencies and other qualified ordering entities. 3.2 VENDOR PERFORMANCE REQIREMENTS: Vendor shall: A. Load waste materials from agency stockpiles into transport vehicles. B. Remove all water from the inside of tire casings and rubber debris prior to loading. C. Transport, dispose of and/or recycle all waste material taken into custody. D. Complete each service request within twenty calendar days from the date of the ordering agencys notification, unless otherwise mutually agreed upon, in writing, with the ordering agency. E. Obtain and maintain any permits and licenses required for performance of the specified services. F. Furnish all labor (unless otherwise specified), material, equipment and supplies necessary to execute the specified services. G. Be solely responsible and liable for the safety of vendor employees and subcontractors performing any duties under the terms of this contract. 3.3 STOCKPILE COMPOSITION: A. Stockpiles will consist of waste tires and rubber debris only. B. Ordering entities will be responsible for separating any non-rubber materials from stockpiles. 3.4 STORAGE RECEPTACLES: A. Storage receptacles must be mutually agreed upon, in writing, between the vendor(s) and the ordering entity after the issuance of a TBPC Purchase Order. B. The agreement will include the size and type of receptacles, such as trailers or roll-off dumpsters. C. Vendor(s) shall place the receptacles in an area designated by the ordering entity. D. Vendor shall be solely responsible for the security and maintenance of all storage receptacles. E. Reimbursement will NOT be made to the vendor for any expense related to the installation, removal maintenance, theft, or use of storage receptacles. F. Vendor will remove storage receptacles from agency specified areas, within fourteen (14) calendar days after written notification from the ordering entity. G. Vendor(s) will only be responsible for emptying, transporting, disposing of and/or recycling the waste material. If the ordering entity has not requested that storage receptacles be left on its premises, then the vendor will not be respsonsible for the loading of waste material into storage receptacles. 3.5 LOAD CONTAINMENT: All vehicles used in the transport of waste materials shall be equipped with apparatus that prevents the vehicles contents from blowing or spilling from the vehicle, as a result of vehicle movement or exposure to weather elements. 3.6 DISPOSITION AND RECYCLING: The disposition and recycling of all waste materials collected shall be in compliance with: A. Texas Administrative Code, Title 30, Part 1, Chapter 328 B. Texas Administrative Code, Title 30, Part 1, Chapter 330 C. Texas Health a Safety Code, Chapter 361, Solid Waste Disposal Act D. All federal laws, state laws, local laws, regulations, and ordinances, not specifically mentioned but applicable to the disposition and recycling of waste materials, 3.9 WEIGHT MEASUREMENT: A. The waste material removed shall be weighed gross and net weight of transport vehicle, on a public scale bearing a current and valid Texas Department of Agriculture Weights and Measures approval seal. 1. Gross weight is defined as the total weight of the transport vehicle, with all of the vehicles equipment, passengers, driver, and the waste material payload. 2. Net weight is defined as the total weight of the transport vehicle, with all of the vehicles equipment, passengers, driver, and without the waste material payload. B. Weight measurement shall be conducted at the vendors expense. C. At the option of the ordering entity, weight measurement shall be conducted in the presence of an ordering entity's representative. 3.10 INVOICES: A. Invoices shall be submitted.no more than once a month and no less than 3 of 5 VOL Jai PAGE acv 9/26/2008 11:56 AM 2PA Term Contract 962-A6-USED TIRE AND RUBBER SCRAP http://www.window.state.tx.us/procurement/cat_page/cat_962_a6_07... every three (3) months. B. Invoice prices shall correspond to the appropriate unit prices shown in the 962-A6 contract, and shall correspond to the weight derived by deducting the net weight from the gross weight. C. Copies of certified weight ticket(s), marked with the name and address of the pick up location, shall be submitted with each invoice and shall designate gross and net weights. D. Invoices shall be itemized to include the name of the ordering entity, address of location serviced, date of material collection, weight collected, purchase order and requisition number. E. INVOICE CORRECTIONS: Ordering entities shall return any invoices for correction of billing errors without prejudice. Under no circumstances should a billing discrepancy not be resolved within 15 calendar days. 3.11 SUBCONTRACTOR(S1: A. Any subcontractor(s) utilized by the vendor shall comply with all terms and conditions of the contract. B. Vendor shall notify ordering entities within seven (7) calendar days, prior to the commencement of service, if a subcontractor will be used, and shall identify the business name of the subcontractor to be utilized. 3.12 CONTRACT TERMINATION: This contract may be terminated under the following conditions: For failure to perform, the state shall be entitled to terminate the contract immediately upon delivery of written notice of such failure. Failure to perform shall be deemed to have occurred if during any thirty day period, default in pickups exceeds 58 of total shipments by any one qualified ordering entity or by all qualified ordering entities as a whole. All waste material in possession of the vendor(s) at the time of cancellation shall be disposed of as if a contract were in force. ZONE MAP AVAILABLE AT THE FOLLOWING LINK: w .,.r -a: a,t i rive. VENDOR: LIBERTY TIRE RECYCLING, LLC 962-84-21994-4 ENVIRONMENTALLY FRIENDLY ZONE 1 1. LIGHT DUTY PASSENGER TYPE TIRES, RANGE 3.415 THROUGH 235/75R15 $ 1.75 EA 2. LIGHT DUTY TRUCK TYPE TIRES, RANGE 3.4/5 THROUGH 22.5/70R19.5 $ 3.25 EA 3. HEAVY DUTY TRUCK TYPE TIRES, RANGE 10.OOR X 20 THROUGH 12.OOR X 22.5 $ 9.00 EA 4. TRACTOR MOTOR GRADER TYPE TIRES, RANGE 14.00/24 THROUGH 18.4 X 42 $40.00 EA 5. REMOVE TIRES FROM RIMS. $ 5.00 EA 6. MIXED TIRES AND RUBBER DEBRIS COLLECTED $ 0.10 LB. ZONE 2 1. LIGHT DUTY PASSENGER TYPE TIRES, RANGE 3.4/5 THROUGH 235/75815 $ 1.15 EA 2. LIGHT DUTY TRUCK TYPE TIRES, RANGE 3.4/5 THROUGH 22.5/70R19.5 $ 3.25 EA 3. HEAVY DUTY TRUCK TYPE TIRES, RANGE 10.OOR X 20 THROUGH I2.ODR X 22.5 $ 9.00 EA 4. TRACTOR MOTOR GRADER TYPE TIRES, RANGE 14.00/24 THROUGH 18.4 X 42 $40.00 EA 5. REMOVE TIRES FROM RIMS. $ 5.00 EA 6. MIXED TIRES AND RUBBER DEBRIS COLLECTED $ 0.10 LB. ZONE 3 1. LIGHT DUTY PASSENGER TYPE TIRES, RANGE 3.4/5 THROUGH 235/75R15 $ 1.75 EA 2. LIGHT DUTY TRUCK TYPE TIRES, RANGE 3.4/5 THROUGH 22.5/70R19.5 $ 3.25 EA 3. HEAVY DUTY TRUCK TYPE TIRES, RANGE I0.0OR X 20 THROUGH 12.0OR X 22.5 S 9.00 EA 4. TRACTOR MOTOR GRADER TYPE TIRES, RANGE 14.00/24 THROUGH 18.4 X 42 $40.00 EA 5. REMOVE TIRES FROM RIMS. $ 5.00 EA 6. MIXED TIRES AND RUBBER DEBRIS COLLECTED $ 0.10 LB. VOL PAGE 9/26/200811:56 AM _0 4of5 CPA. Term Contract 962-A6-USED TIRE AND RUBBER SCRAP http://www.window.state,tx.us/procurement/cat_page/cat_962_a6_07... F. It shall be the responsibility of the awarded vendors to insure that any and all subcontractors comply with the same insurance requirements referenced above. Section 3 SCOPE OF SERVICES 3.1 SERVICE REQUIREMENTS: Pick up, removal, transportation and disposition of waste tires and any other type(s) of rubber debris (both herein referred to as waste material) accumulated by Texas state agencies and other qualified ordering entities. 3.2 VENDOR PERFORMANCE REQIREMENTS: Vendor shall: A. Load waste materials from agency stockpiles into transport vehicles. B. Remove all water from the inside of tire casings and rubber debris prior to loading. C. Transport, dispose of and/or recycle all waste material taken into custody. D. Complete each service request within twenty calendar days from the date of the ordering agencys notification, unless otherwise mutually agreed upon, in writing, with the ordering agency. ' E. Obtain and maintain any permits and licenses required for performance of the specified services. F. Furnish all labor (unless otherwise Specified), material, equipment and supplies necessary to execute the specified services. G. Be solely responsible and liable for the safety of vendor employees and subcontractors performing any duties under the terms of this contract. 3.3 STOCKPILE COMPOSITION: A. Stockpiles will consist of waste tires and rubber debris only. B. Ordering entities will be responsible for separating any non-rubber materials from stockpiles. 3.4 STORAGE RECEPTACLES: A. Storage receptacles must be mutually agreed upon, in writing, between the vendor(.) and the ordering entity after the issuance of a TBPC Purchase Order. B. The agreement will include the size and type of receptacles, such as trailers or roll-off dumpsters. C. Vendor(s) shall place the receptacles in an area designated by the ordering entity. D. Vendor shall be solely responsible for the security and maintenance of all storage receptacles. E. Reimbursement will NOT be made to the vendor for any expense related to the installation, removal maintenance, theft, or use of storage receptacles. F. Vendor will remove storage receptacles from agency specified areas, within fourteen (14) calendar days after written notification from the ordering entity. G. Vendor(s) will only be responsible for emptying, transporting, disposing of and/or recycling the waste material. If the ordering entity has not requested that storage receptacles be left on its premises, then the vendor will not be respsonsible for the loading of waste material into storage receptacles. 3.5 LOAD CONTAINMENT: All vehicles used in the transport of waste materials shall be equipped with apparatus that prevents the vehicles contents from blowing or spilling from the vehicle, as a result of vehicle movement or exposure to weather elements. 3.6 DISPOSITION AND RECYCLING: The disposition and recycling of all waste materials collected shall be in compliance with: A. Texas Administrative Code, Title 30, Part 1, Chapter 328 B. Texas Administrative Code, Title 30, Part 1, Chapter 330 C. Texas Health b Safety Code, Chapter 361, Solid Waste Disposal Act D. All federal laws, state laws, local laws, regulations, and ordinances, not specifically mentioned but applicable to the disposition and recycling of waste materials. 3.9 WEIGHT MEASUREMENT: A. The waste material removed shall be weighed gross and net weight of transport vehicle, on a public scale bearing a current and valid Texas Department of Agriculture Weights and Measures approval seal. 1. Gross weight is defined as the total weight of the transport vehicle, with all of the vehicles equipment, passengers, driver, and the waste material payload. 2. Net weight is defined as the total weight of the transport vehicle, with all of the vehicles equipment, passengers, driver, and without the waste material payload. S. Weight measurement shall be conducted at the vendors expense. C. At the option of the ordering entity, weight measurement shall be conducted in the presence of an ordering entity's representative. 3.10 INVOICES: A. Invoices shall be submitted no more than once a month and no less than 3 of 5 9/26/2008 11:56 AM ~PA Term Contract 962-A6-USED TIRE AND RUBBER SCRAP http://www.window.state.tx.us/procurement/cat_page/cat_962_a6_O7.., ZONE 4 1. LIGHT DUTY PASSENGER TYPE TIRES, RANGE 3.4/5 THROUGH 235/75R15 $ 1.50 EA 2. LIGHT DUTY TRUCK TYPE TIRES, RANGE 3.4/5 THROUGH 22.5/70R19.5 $ 3.00 EA 3. HEAVY DUTY TRUCK TYPE TIRES, RANGE 10.00R X 20 THROUGH 12.OOR X 22.5 $ 7.00 EA 4. TRACTOR MOTOR GRADER TYPE TIRES, RANGE 14.00/24 THROUGH 18.4 X 42 $35.00 EA 5. REMOVE TIRES FROM RIMS. $ 5.00 EA 6. MIXED TIRES AND RUBBER DEBRIS COLLECTED $ 0.093 LB. ZONE 5 1. LIGHT DUTY PASSENGER TYPE TIRES, RANGE 3.4/5 THROUGH 235/75R15 $ 1.50 EA 2. LIGHT DUTY TRUCK TYPE TIRES, RANGE 3.4/5 THROUGH 22.5/70R19.5 $ 3.00 EA 3. HEAVY DUTY TRUCK TYPE TIRES, RANGE 10.00R X 20 THROUGH 12.00R X 22.5 $ 7.00 EA 4. TRACTOR MOTOR GRADER TYPE TIRES, RANGE 14.00/24 THROUGH 18.4 X 42 $35.00 EA 5. REMOVE TIRES FROM RIMS. $ 5.00 EA 6. MIXED TIRES AND RUBBER DEBRIS COLLECTED $ 0.093 LB. u............... ....u....... e Automated Term Contract details ■ COLLECTION SERVICES, USED TIRES, WBOU NIGP 96284210000 Vendor Number: 76954 LIBERTY TIRE RECYCLING LLC 962-84-21994-4 EA LIBERTY TIRE, EXPENDITURE QUANTITY NOT TO EXCEED DESIGNATED DOLLAR AMOUNT ($1.00 TO PER CONTRACT YEAR OR PERIOD DESIGNATED BY ORDERING ENTITY. -ENVIRONMENTALLY FRIENDLY E) Contract Vendor List Contract Vendor List 962-A6 01/2007 THRU 08/2009 76954 1-20-402-3461-4 LIBERTY TIRE RECYCLING LLC ATTN: MR KEVIN MARTINOLICH 5302 WADE ROAD BAYTOWN TX 77521-9745 KEVIN MARTINOLICH Phone 281-424-4011 Fax 281 424-3682 e-mail %1BRTINOLICH@LIBERTYTIRE.COPI 1.00 Texas Online! Statewide Search from the Texas State Library - State Link Policy I Texas Homeland Security Susan Combs, Texas Comptroller • Window on State Government • Contact Us Privacy and Security Policy : Accessibility Pollcy Link Policy Public Information Act Compact with Texans 5 of5 VOL PAGE 9/26/2008 11:56 AM 0 O ca U) N - O O F- 0 Q m O oo O) U .C N ❑ N L (0 ~ LL O O O O L U U N 0- LL _ ~ Q > > r N M 00 M w U .C .J N N d C O N O co C (m 0 U) Q (6 O C 6- -0 co - Ocnw I I I CO f~ d N U C ❑ VOL /al PAGE o2 / d C O N c o o E C N C C N o a) J 2 m m N r-- O U .C w ❑ U) O C o U E c o o c Q -0 c c 0 0 co 0 0 ~ Q tn U ~ ~ co -v CO N N N U C cn N To: Brazos County From: Erica Stowe 9-30-OB 10:53am p. 3 of 4 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. AGUKU U izouvuuf va I I PAGE 2Z) To: Brazos County From: Erica Stowe 9-30-08 10:53am p. 2 of 4 ACORI) CERTIFICATE OF LIABILITY INSURANCE 1 DATE 00, PROWLER Commercial Insurance Group, Inc. P.O. BOX 241126 NC 28224 Charlotte THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. , 704-944-1700 http:itwww.commo(6alinsurance roup.com INSURERS AFFORDING COVERAGE NAIC $ INSURED Libert LLC - Tire Services INSURERA: Prastorian dal I n 76 , y Liberty Tire Services of Ohio wwRER8: Redland Insurance Com an 37303 US Tire Recycling Partners LP INSURER C. Interstate Fire & Casuals Company 22829 625 Liberty Ave. Ste 3100 INSURER D, American Home Assurance Co. 19360 Pittsburgh PA 15222 INSURERE: Old American Count Mutual Fire Insurance Co. 29378 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR ANY REQUIREMENT , THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH MAY PERTAIN , POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DD' POLICY NUMBER POLICY EFFECTNE POLICTEXPIRATION UNITS A ✓ GENERALLIABIUTY EACH OCCURRENCE $ 1,000,000 ✓ COMMERCIAL GENERAL LIABILITY PSIGA0001206 1111/2007 11/1/2008 PREMISES aocarenw $ 100,000 CIAIMSMADE ~ OCCUR MEDEXP An onamrsm $ 10,000 PERSONASADVINJURY $ 1,000,000 GENERAL AGGREGATE S. 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOPAGG $ 2,000,000 POLICY PRO LOC B AUT OMOBILE LIABILITY COMBINEDSINGLEUMIT $ RICGA0001613 11/1/2007 11/112008 (Ea0cmeWlp 1 000 000 ANYAUTO , , ALL OWNED AUTOS BODILY INJURY S SCHEDULEDAUIIJS (Per person) HIRED AUTOS BODILY INJURY $ NONOWED AUTOS (Per wddel) E TX Auto DSSBOO14171 11/112007 11/1/2008 PROPERTYDAMAGE (PW acddw) $ GARAGELIABILITY AUTOCNLY EAACCIDENT $ ANY AUTO OTHER THAN EAACC S AUTO ONLY: AGO S C EXCESSIUMBRELLALIABI-ITY UM01607430 11/1/2007 11/112006 EACH occuRRENCE $ 10,000,000 ✓ OCCUR FICLAIMS MADE AGGREGATE s 10,000,000 S DEDUCTIBLE S RETENTION 65,000 $ WC STATU OTH- / I ~ I WORKERS COMPENSATION AND S CRY LIMIT Y D EMPLOYERS' LIABILITY WC5312913 11/1/2007 11/1/206 E.L. EACH ACCIDENT $ 1,000,000 ANY OFFICERMWBEREXCLUOED1 PROPRIETORMARTNEWEXECUTIVE E.L.DISEASE EAEMPLOYE $ 1 .000,000 Ilyes,descDe u S PEC IAL PROVISIONS EeloN E.L. DISEASE POLICY LIMIT $ 1 OQ 000 A OTHER Motor Truck Cargo PSIGA0001206 11/1/2007 11/1/2008 100,000 truck DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES 1 EXCLUSIMS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Brazos County is additional insured for general liability perform ADDLINS. SHOULD ANY OF THEABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Brazos County DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3Q DAYS WRITTEN Attn: Leslie NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO W SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 200 S. Texas Avenue REPRESENTATIVES. 10 Days for Non Payment of Premium Bryan TX 77603 AUTHORIZED REPRESENTATNE Y J.R. Kronenwetter ACORD 25 (2001108) VOL 12-1 PAGE 3 ~ © ACORD CORPORATION 1988 7 -:rl 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 2010 Fiscal Year, September 1, 2009-August 31, 2010; 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 authorized official for this grant. 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 grant application number 18033-05 for the Brazos County Drug Court to the Office of the Governor, Criminal Justice Division. lL Passed and approved this µ day of Signed Randy Sims, Llo d GVasserm ecinct Commissions ommissions ~ - -4 Duane Peters, Precindl 2 Com [ ~k~4 - Kenny Mallard, Pr i ct 3 Commissi \ er ab 'rlit Carey Cauley, Jr., Precinct 4 Commissioner Grant Application Number: 18033-05 Resolution 09-005 "COL I) -PAGE 3,2. V BYLAWS OF CITY OF BRYAN AND BRAZOS COUNTY ECONOMIC DEVELOPMENT FOUNDATION, INC.-A LOCAL GOVERNMENT CORPORATION ARTICLE I PURPOSES CITY OF BRYAN AND BRAZOS COUNTY ECONOMIC DEVELOPMENT FOUNDATION, INC.-A LOCAL GOVERNMENT CORPORATION (the "Corporation") is organized for the purpose of aiding, assisting, and acting on behalf of the City of Bryan and the County of Brazos (collectively, the "Local Governments) in the performance of their governmental functions to promote the common good and general welfare of the Local Governments, including, without limitation, economic development, as may be determined from time to time by the City Council of the City of Bryan ("Bryan City Council") and the Commissioners Courts of Brazos County (the "Commissioners Court") (each known as the "Governing Body"). The Corporation is formed pursuant to the provisions of Subchapter D, Chapter 431, Texas Transportation Code (the "Act") as it now or may hereafter be amended, and Texas Local Government Code Chapter 394, which authorizes the Corporation to assist and act on behalf of the Local Governments to accomplish any governmental purpose of the Local Governments and to engage in activities in the furtherance of the purposes for its creation. The Corporation shall have and exercise all of the rights, powers, privileges, authority, and functions given by the general laws of the State of Texas to non-profit corporations incorporated under the Act including, without limitation, the Texas Non- profit Corporation Act, Article 1396-1.01 et. seq., Vernon's Texas Civil Statutes or its successor under the Texas Business Organizations Code. The Corporation shall have all other powers of a like or different nature not prohibited by laws which are available to non-profit corporations in Texas and which are necessary or useful to enable the Corporation to perform the purposes for which it is created, including the power to issue bonds, notes or other obligations, and otherwise exercise its borrowing power to accomplish the purposes for which it was created. The Corporation is created as a local governmental corporation pursuant to the Act and shall be a governmental unit within the meaning of Subdivision (2), Section 101.001 Texas Civil Practice and Remedies Code. The operations of the Corporation are governmental and not proprietary functions for purposes of the Texas Tort Claims Act, 1,32 Section 101.001 et seq., Texas Civil Practice and Remedies Code. The Corporation shall have the power to acquire land in accordance with the Act as amended from time to time. ARTICLE R BOARD OF DIRECTORS Section I. Appointment, Classes, Powers, Number, and Term of Office. All powers of the Corporation shall be vested in the Board of Directors (the `Board"). No later than 30 days after the filing of the Articles of Incorporation of the Corporation, the Board of Directors shall be expanded to be composed of nine (9) persons including the County Judge of Brazos County and three other persons appointed by the Commissioners Court of Brazos County, the Mayor of the City of Bryan and three other persons appointed by the City Council of the City of Bryan, and one individual appointed by the Board of Directors of Twin Cities Endowment, Inc. However, the director appointed by the Board of Directors of Twin Cities Endowment, Inc., shall have no voting rights except in the case of a deadlock in votes by the other directors. Further, the authorities granted herein are conditioned on the provision that the City Council of the City of Bryan, or Commissioners Court of Brazos County, Texas may, in their discretion and at any time, alter the structure, organization, programs, or activities of the corporation, subject only to any limitation provided by the constitution and laws of the State of Texas and of the United Stales relating to the impairment of contracts entered into by the corporation. Directors shall be residents of the City of Bryan or Brazos County, Texas, and four shall be appointed by the City Council of the City of Bryan, and four by the County of Brazos, Texas, and one by Twin Cities Endowment, Inc. for a term of no more than two years, except as otherwise provided below. The terms of directors shall be as set out in this paragraph. The County Judge of Brazos County and the Mayor of Bryan terms shall be fixed by and run coterminous with their respective terms of office, and such positions shall thereafter be held by their successors for like terms. The term for the director appointed by Twin Cities Endowment, Inc., shall be for two years. For the remaining six directors to be appointed as provided above by the County and City, the first person appointed to each position shall draw from slips of paper numbered 4 through 9 to denote their director position, and those with odd numbers shall serve a term of one year, and the successor for each such position shall serve terms of two years; and even numbered positions shall serve for terms of two years. Each director shall hold office for the term for which he is appointed and until his successor shall have been appointed and qualified unless sooner removed. Directors shall serve as such without compensation except that they may be reimbursed for their actual expenses incurred in the performance of their duties. Any Director may be removed by a majority vote of the respective appointing Governing Body, for cause or at will. In the event that any Director resigns in accordance with Article 17V, Section 4 of these Bylaws, is removed from office by his or her Governing Body, or no longer serves VOL1a1 ~AGE 34 on the Board for any other reason, including, without limitation, removal from the Board for cause or at will as provided in the preceding paragraph of these Bylaws, the Governing Body of the City or County on which such Director serves or served shall provide for the selection of a new Director to complete the unexpired term. Section 2. Meetings of Directors. The Directors may hold their meetings and may have an office and keep the books of the Corporation at such place or places as the Board may from time to time determine; provided, however, in the absence of any such determination, such place shall be the registered office of the Corporation in the State of Texas. The Board shall meet in accordance with and file notice of each meeting of the Board for the same length of time and in the same manner and locations as required of the Local Governments under Chapter 551, Government Code (the "Open Meetings Act"). The Corporation, the Board, and any committee of the Board exercising the powers of the Board are subject to Chapter 552, Government Code (the "Public Information Act"). Section 3. Annual Meetings. The annual meeting of the Board shall be held at 200 South Texas Avenue, Suite 332, Bryan, Texas 77803 on the last Monday of April of each year or at such time and location as may be designated by the resolution of the Board for the purposes of transacting such business as may be brought before the meeting. Section 4. Regular Meetings. Regular meetings of the Board shall be held at such times and places as shall be designated by resolution of the Board. Section 5. Special and Emergency Meetings. Special and emergency meetings of the Board shall be held whenever called by the President of the Board or by a majority of the Directors who are serving duly appointed terms of office at the time the . meeting is called. The Secretary shall give notice of each special meeting in person, by telephone, electronic transmission (e.g., facsimile transmission or electronic mail) or mail at least three (3) days before the meeting to each Director. Notice of each emergency meeting shall also be given in the manner required of the Local Governments under the Open Meetings Act. Unless otherwise indicated in the notice thereof, any and all matters pertaining to the purposes of the Corporation may be considered and acted upon at a special or emergency meeting. Section 6. Quorum. A majority of the Board shall constitute a quorum for the consideration of matters pertaining to the purposes of the Corporation. If at any meeting of the Board there is less than a quorum present, a majority of those present may adjourn the meeting from time to time. The act of a majority of affirmative votes of the Directors VOL )a P~vE 35 present and voting at a meeting at which a quorum is in attendance shall constitute the act of the Board, even if the number of such votes is less than a majority of the entire board unless the act of a greater number is required by law, by the Articles of Incorporation, or by these Bylaws. A Director who is present at a meeting of the Board at which any corporate action is taken shall be presumed to have assented to such action, unless his or her dissent shall be entered in the minutes of the meeting or unless he or she shall file a written dissent to such action with the person acting as the secretary of the meeting before the adjournment thereof or shall forward such dissent by registered mail to the Secretary of the Corporation immediately after the adjournment of the meeting. Such right to dissent shall not apply to a Director who voted in favor of the action. Section 7. Conduct of Business. At the meetings of the Board, matters pertaining to the purposes of the Corporation shall be considered in such order as from time to time the Board may determine. At all meetings of the Board, the President shall preside, and in the absence of the President, the Vice President shall preside. In the absence of the President and Vice President, an acting presiding officer shall be chosen by the Board from among the Directors present. The Secretary of the Corporation shall act as secretary of all meetings of the Board, but in the absence of the Secretary, the presiding officer may appoint any person to act as secretary of the meeting. Section 8. Executive Committee, Other Committees. The Board may, by resolution passed by a majority of the Directors, designate three (3) or more Directors to constitute an executive committee or other type of committee. A committee shall act in the manner provided in the authorizing resolution. Each committee so designated shall keep regular minutes of the transactions of its meetings and shall cause such minutes to be recorded in books kept for that purpose in the office of the Corporation, and shall report the same to the Board from time to time. Committees authorized to exercise the powers of the Board shall give notice of any meting in the manner required for a meeting of the Board. Section 9. Compensation of Directors. Directors, as such, shall not receive any salary or compensation for their services as Directors; provided, that they shall be reimbursed for their actual expenses incurred in the performance of their duties as Directors; and provided further that nothing contained herein shall be construed to preclude any Director from receiving compensation which is not excessive and which is at commercially reasonable rates for personal services (rendered in other than a "Director" capacity) which are reasonable and necessary in carrying out the Corporation's purposes. VOL 1aI 4f;uE 3~0 Section 10. Director's Reliance on Consultant Information. A Director shall not be liable if while acting in good faith and with ordinary care, the Director relies on information, opinions, reports, or statements, including financial statements and other financial data, concerning the Corporation or another person, that were prepared or presented by: (a) one or more other officers or employees of the Corporation; (b) legal counsel, public accountants, or other persons as to matters the officer reasonably believes are within the person's professional or expert competence; or (c) a committee of the Board of which the Director is not a member. ARTICLE III OFFICERS Section I. Titles and Term of Office. The Officers of the Corporation shall be a President, one or more Vice Presidents, a Secretary, a Treasurer, and such other officers as the Board may from time to time elect or appoint. The President shall also serve as Chairman of the Board and the Vice President shall also serve as Vice Chairman of the Board. One person may hold more than one office except that one person shall not concurrently hold the offices of President and Secretary. The term of office for each officer shall be two (2) years commencing with the date of the annual meeting of the Board at which each such officer is elected; notwithstanding the foregoing, the term of the President and the Vice President shall each be for a period of one (1) year, commencing with the date of election by the Board of such officers. Any vacancy in the office of any officer shall be filled by a majority vote of the Board. Section 2. Powers and Duties of the President. The president shall be a member of the Board and shall preside at all meetings of the Board. The President shall be the principal executive officer of the Corporation and, subject to the Board, he or she shall be in general charge of the properties and affairs of the Corporation. In furtherance of the purposes of the Corporation and subject to the limitations contained in the Articles of Incorporation, the President or any Vice President may sign and execute all bonds, notes, deeds, conveyances, franchises, assignments, mortgages, notes, contracts and other obligations in the name of the Corporation. The President shall have such other duties as are assigned by the Board. The President may call special emergency meetings of the Board. Section 3. Powers and Duties of the Vice-President. The Vice President shall be a member of the Board. The Vice President shall perform the duties and exercise the VOL la'_PRGE 37 powers of the President upon the President's death, absence, disability, or resignation, or upon the President's inability to perform the duties of his or her office. Any action taken by the Vice President in the performance of duties of the President shall be conclusive evidence of the absence or inability to act of the President at the time such action was taken. A Vice President shall have such other powers and duties as may be assigned to him or her by the Board or the President. Section 4. Treasurer. The Treasurer shall have custody of all the funds and securities of the Corporation which come into his or her hands. When necessary or proper, he or she may endorse, on behalf of the Corporation, for collection, checks, notes and other obligations and shall deposit the same to the credit of the Corporation in such bank or banks or depositories as shall be designated in the manner prescribed by the Board; he or she may sign all receipts and vouchers for payments made to the Corporation. Either alone or jointly with such other officer as is designated by the Board; whenever required by the Board, he or she shall surrender a statement of his or her case account; he or she shall enter or cause to be entered regularly in the books of the Corporation to be kept by him or her for that purpose full and accurate accounts of all moneys received and paid out on account of the Corporation; he or she shall perform all acts incident to the position of Treasurer subject to the control of the Board; and he or she shall, if required by the Board, give such bond for the faithful discharge of his or her duties in such form as the Board may require. The Treasurer need not be a member of the Board. Section 5. Secretary. The Secretary shall keep or cause to be kept the minutes of all meetings of the Board in Books provided for that purpose; he or she shall attend to the giving and serving of all notices; in furtherance of the purposes of the Corporation and subject to the limitations contained in the Articles of Incorporation, he or she may sign with the President in the name of the Corporation and/or attest the signatures thereof on all contracts, conveyances, franchises, bonds, deeds, assignments, mortgages, notes and other instruments of the Corporation; he or she shall have charge of the Corporation's books, records, documents and instruments, except the books of account and financial records and securities of which the Treasurer shall have custody and charge, and such other books and papers as the Board may direct, all of which shall be all reasonable times be open to the inspection of any Director upon application at the office of the Corporation during business hours; and, he or she shall in general perform all duties incident to the office of Secretary subject to the control of the Board. The Secretary need not be a member of the Board. Section 6. Compensation. Officers are not entitled to compensation except as otherwise provided in Article II, Section 9 of these Bylaws. Section 7. Officers Reliance on Consultant Information. In the discharge of a duty imposed or power conferred on an officer of the Corporation, the officer may in good faith and with ordinary care rely on information, opinions, reports, or statements, including financial statements and other financial data, concerning the Corporation or another person, that were prepared or presented by: VOL lad AGE 3g (a) one or more other officers or employees of the Corporation, including members of the Board; or (b) Legal counsel, public accountants, or other persons as to matters the officer reasonably believes are within the person's professional or expert competence. ARTICLE IV NUSCELLANEOUS PROVISIONS Section 1. Fiscal Year. The fiscal year of the Corporation shall be from October 1 through September 30. Section 2. Seal. The seal of the Corporation shall be such as from time to time may be approved by the Board. Section 3. Notice and Waiver of Notice. Whenever any notice whatever is required to be given under the provisions of these Bylaws, such notice shall be deemed to be sufficient if given by depositing the same in a post office box in a sealed postpaid wrapper addressed to the person entitled thereto at his or her post office address, as it appears on the books of the Corporation, and such notice shall be deemed to have been given on the day of such mailing. A waiver of notice, signed by the person or persons entitled to said notice, whether before or after the time stated therein, shall be deemed equivalent thereto. Section 4. Resignations. Any Director or officer may resign at any time. Such resignations shall be made in writing and shall take effect at the time specified therein not to exceed 60 days from the date of resignation or, if no time is specified, at the time of its receipt by the President or Secretary. The acceptance of a resignation shall not be necessary to make it effective, unless expressly so provided in the resignation. Section 5. Gender. References herein to the masculine gender shall also refer to the feminine in all appropriate cases, and vice versa. Section 6. Appropriations and Grants. The Corporation shall have the power to request and accept any appropriation, grant, contribution, donation, or other form of aid from the federal government, the State, any political subdivision, or municipality in the State, or from any other source. Section 7. Distribution of Net Income; Return of Funds. Unless otherwise determined by the Governing Bodies in accordance with the provisions of Section 431.107, Texas Transportation Code, providing that the Local Governments are entitled to any time to receive any income of the Corporation that is not needed to pay the Corporation's expenses or obligations, any income earned by the Corporation after VOL ial PAG- 39 payment of reasonable expenses, debt, and the establishment of a reserve sufficient to cover estimated expenditures for future activities, shall either be retained by the Corporation for future economic development projects as determined by the Board or otherwise distributed to the Local Governments in an equitable manner to be determined by the Board taking into consideration the investments and/or capital investments of the respective Local Governments. ARTICLE V INDEMNIFICATION OF DIRECTORS AND OFFICERS Section I. Right to Indemnification. Subject to the limitations and conditions as provided in this Article V and the Articles of Incorporation, each person who was or is made a parry or is threatened to be made a party to or is involved in any threatened, pending or completed action, suite or proceeding, whether civil, criminal, administrative, arbitrative or investigative (hereinafter a "proceeding"), or any appeal in such a proceeding or any inquiry or investigation that could lead to such a proceeding, by reason of the fact that he or she, or a person for whom he or she is the legal representative, is or was a Director or officer of the Corporation or while a Director or officer of the Corporation is or was serving at the request of the Corporation as a Director, officer, partner, proprietor, trustee, employee, partnership, sole proprietorship, or trust, shall be indemnified by the Corporation to the fullest extent permitted by the Texas Non-Profit Corporation Act, as the same exists or may hereafter be amended (but, in the case of any such amendment, only to the extent that such amendment permits the Corporation to provide broader indemnification rights than said law permitted the Corporation to provide prior to such amendment) against judgments, penalties (including excise and similar taxes but excluding punitive damages), fines, settlements and reasonable expenses (including, without limitation, attorney's fees) actually incurred by such person in connection with such proceeding, and indemnification under this Article V shall continue as to a person who has ceased to serve in the capacity which initially entitled such person to indemnity hereunder. The rights granted pursuant to this Article V shall be deemed contract rights, and no amendment, modification or repeal of this Article V shall have the effect of limiting or denying any such rights with respect to action taken or proceedings arising prior to any such amendment, modification or repeal. It is expressly acknowledged that VOL PAGE 40 the indemnification provided in this Article V could involve indemnification of negligence or under theories of strict liability. Section 2. Advance Payment. The right to indemnification conferred in the Article V shall include the right to be paid in advance or reimbursed by the Corporation the reasonable expenses incurred by a person of the type entitled to be indemnified under Section 1 who was, is or is threatened to be made a named defendant or respondent in a proceeding in advance of the final disposition of the proceeding and without any determination as to the person's ultimate entitlement to indemnification; provided, however, that the payment of such expenses incurred by any such person in advance of the final disposition of a proceeding, shall be made only upon delivery to the Corporation of a written affirmation by such Director or Officer of his or her good faith belief that he or she has met the standard of conduct necessary for indemnification under this Article V and a written undertaking by or on behalf of such person, to repay all amounts so advanced if it shall ultimately be determined that such indemnified person is not entitled to be indemnified under this Article V or otherwise. Section 3. Indemnification of Employees and Agents. The Corporation, by adoption of a resolution of the Board, may indemnify and advance expenses to an employee or agent of the Corporation to the same extent and subject to the same conditions under which it may indemnify and advance expenses to Directors and officers under this Article V; and the Corporation may indemnify and advance expenses to persons who are not or were not Directors, officers, employees or agents of the Corporation but who are or were serving at the request of the Corporation as a Director, officer, partner, venture proprietor, trustee, employee, agent or similar functionary of another foreign or domestic corporation, partnership, joint venture, sole proprietorship, trust or employee benefit plan against any liability asserted against him or her and incurred in such a capacity or arising out of his or her status a such a person to the same extent that it may indemnify and advance expenses to Directors under this Article V. Section 4. Appearance as a Witness. Notwithstanding any other provision of the Article V, the Corporation may pay or reimburse expenses incurred by a Director or officer in connection with his or her appearance as a witness or other participation in a proceeding involving the Corporation or its business at the time when he or she is not a named defendant or respondent in the proceeding. Section 5. Non-exclusivity of rights. The right of indemnification and the advancement and payment of expenses conferred in the Article V shall not be exclusive of any other right which a Director or officer or other person indemnified pursuant to Section 3 of this Article V may have or hereafter acquire under any law (common or statutory), provision of the Articles of Incorporation of the Corporation or these Bylaws, agreement, vote of shareholders or disinterested Directors or otherwise. Section 6. Insurance. The Corporation may purchase and maintain insurance, at its expense to protect itself and any person who is or was serving as a Director, officer, employee or agent of the Corporation or is or was serving at the request of the VOL la) P APE u 1 Corporation as a director, officer, partner, proprietor, trustee, employee, agent or similar functionary of another foreign or domestic corporation, partnership, joint venture, proprietorship, employee benefit plan or trust against any expense, liability or loss, whether the Corporation would have the power to indemnify such person against such expense, liability or loss under this Article V. Section 7. Notification. Any indemnification of or advance of expense to a Director or officer in accordance with this Article V shall be reported in writing to the members of the Board with or before the notice of the next regular meeting of the Board and, in any case, within the 12 month period immediately following the date of the indemnification or advance. Section 8. Savings Clause. If this Article V or any portion hereof shall be invalidated on any ground by any court of competent jurisdiction, then the Corporation shall nevertheless indemnify and hold harmless each Director, officer, or any other person indemnified pursuant to this Article V as to costs, charges and expenses (including attorney's fees), judgments, fines and in amounts paid in settlement with respect to any action, suit or proceeding, whether civil, criminal, administrative or investigative, to the full extent permitted by any applicable portion of this Article V that shall not have been invalidated and to the fullest extent permitted by applicable law. ARTICLE VI CODE OF ETHICS Section 1. Policy and Purposes. (a) It is the policy of the Corporation that Directors and officers conduct themselves in a manner consistent with sound business and ethical practices; that the public interest always be considered in conducting corporate business; that the appearance of impropriety be avoided to ensure and maintain public confidence in the Corporation; and that the Board establish policies to control and manage the affairs of the Corporation fairly, impartially, and without discrimination. (b) This Code of Ethics has been adopted as part of the Corporation's Bylaws for the following purposes: (a) to encourage high ethical standards in official conduct by Directors and corporate officers; and (b) to establish guidelines for such ethical standards of conduct. Section 2. Conficts oflnterest. (a) Except as provided in subsection (c) of this Section 2, a Director or officer is prohibited from participating in a vote, decision, or award of a contract involving a business entity or real property in which the Director or the officer has a substantial interest, if it is foreseeable that the business entity or real property will be economically benefitted by the action. A person has a substantial interest in a business (i) VOL I a 110 GE a if his or her ownership interest is ten percent or more of the voting stock or shares of the business entity or ownership of $15,000 or more of the fair market value of the business entity, or (ii) if the business entity provides more than ten percent of the person's gross income. A person has a substantial interest in real property if the interest is an equitable or legal ownership with a fair market value of $2,500 or more. An interest of a person related in the second degree by affinity (marriage relationship) or the third degree by consanguinity (blood relationship) to a Director or officer is considered a substantial interest. (b) If a Director or person related to a Director in the first or second degree by affinity or the first, second or third degree by consanguinity has a substantial interest in a business entity or real property that would be pecuniarily affected by any official action taken by the Board, such Director, before a vote or decision on the matter, shall file an affidavit stating the nature and extent of the interest. The affidavit shall be filed with the Secretary of the Board. (c) A Director or officer who has a substantial interest in a business entity that will receive a pecuniary benefit from an action of the Board may vote on that action if a majority of the Board has a similar interest in the same action or if all other similar business entities in the Corporation will receive a similar pecuniary benefit. (d) Nothwithstanding that, as provided in subsection (a) of this Section 2, a Director or officer is prohibited from participating in a vote, decision, or award of a contract involving a business entity or real property because the Director or the officer has a substantial interest in such business entity or real property or it is foreseeable that the business entity or real property will be economically benefitted by the action, the remaining members of the Board not subject to the prohibition of that subsection may participate in such vote, decision, or award of contract. Section 3. Acceptance of Gifts. No Director or officer shall accept any benefit as consideration for any decision, opinion, recommendation, vote or other exercise of discretion in carrying out official acts for the Corporation. No Director or officer shall solicit, accept, or agree to accept any benefit from a person known to be interested in or likely to become interested in any contract, purchase, payment, claim or transaction involving the exercise of the Director's or Officer's discretion. As used here, a benefit does not include: (a) a fee prescribed by law to be received by a Director or Officer or any other benefit to which the Director or officer is lawfully entitled or for which he or she gives legitimate consideration in a capacity other than as a Director of Officer; (b) a gift or other benefit conferred on account of kinship or a personal, professional, or business relationship independent of the official status of the Director or officer; UOL to f IPRGE 43 (c) an honorarium in consideration for legitimate services rendered above and beyond official duties and responsibilities if, (1) not more than one honorarium is received from the same person in a calendar year; (2) not more than one honorarium is received for the same service, and (3) the value of the honorarium does not exceed $250 exclusive of reimbursement for travel, food, and lodging expenses incurred by the Director or officer in performance of the services; (4) a benefit consisting of food, lodging, transportation, or entertainment accepted as a guest if reported as may be required by law. Section 4. Bribery. A Director or officer shall not intentionally or knowingly offer, confer or agree to confer on another, or solicit, accept, or agree to accept from another; (a) any benefit as consideration for the Director's or officer's decision, opinion, recommendation, vote, or other exercise of discretion as a Director or officer; (b) any benefit as consideration for the Director or officer's decision, vote, recommendation, or other exercise of official discretion in a judicial or administrative proceeding ; or (c) any benefit as consideration for a violation of duty imposed by law on the Director or officer. Section 5. Nepotism. No Director or officer shall appoint, or vote for, or confirm the appointment to any office, position, clerkship, employment or duty, of any person related within the second degree by affinity or within the third degree of consanguinity to the Director or officer so appointing, voting or confirming, or to any other Director of officer. This provision shall not prevent the appointment, voting for, or confirmation of any person who shall have been continuously employed in any such office, position, clerkship, employment or duty at least thirty (30) days prior to the appointment of the Director or officer so appointing or voting. VOL 10) ffGE 44 ARTICLE VII AMENDMENTS A proposal to alter, amend, or repeal these Bylaws shall be made by the affirmative vote of a majority of the full Board at any annual or regular meeting, or at any special meeting if notice of the proposed amendment be contained in the notice of said special meeting. However, any proposed change or amendment to the Bylaws must be approved by the Goveming Bodies to be effective. Approved: President and Chariman Attest: Secretary RATIFIED: County Judge date VOLIJL1 P+uE BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge NUMBER 56001000 DATE OF COURT MEETING: May 5, 2009 ITEM: Request from Wickson Creek Special Utility District to construct a 40 ft. road bore for water line installations in the right of way of Edge School House Road at its intersection with FM 974. Site is located in precinct 2. SOURCE OF FUNDS: N/A REQUIREMENTS: 1. No work will be permitted between front slope and/or back slope. 2. All installation(s) shall be constructed in designated utility easements, if applicable. If no utility easement exists, the installation(s) shall be 1) within 3-5' of and parallel to the right- of-way line and/or 2) in the case of a road bore, perpendicular to the right-of-way line. 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 geotechnical testing firm; copies of all test results shall be furnished to the office of the Brazos County Engineer. 5. Construction shall be in strict conformance to the latest Texas Manual of Uniform Traffic Control Devices for Streets and Highways, published by the Texas Department of Transportation, and all other State and Federal laws governing utility construction. NOTES/EXCEPTIONS: ACTION REQUESTED OR ALTERNATIVES: SU BY: AP VED B - Richard F. Vance, P.E. Commissioner E. Duane Peters County Engineer Precinct 2 CC2009-022 This Request is App ove Denied ❑ by Commissioners' Court Date: Randy Siin/, County Judge VOL la I PAGE 4(0 t 0 2 o q~) r- 7 -00 ~ IL Q O~ d~ ~ , ~ I I 3~ 3 a 0 8 z VOL fa l w ILL ~ 2 b m N ~ d a Q C REQUEST FOR PROPOSED INSTALLATION IN COUNTY RIGHT-OF-WAY TO THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS BRAZOS COUNTY COURTHOUSE BRYAN, TEXAS 77803 Formal notice is hereby given that (applicant) Wickson creek special ucilir.y Discrice proposes to place a (type) waterllre w;thin_ across-~- the right-of-way of (road) 14693 FM 974 in Brazos County, Texas as follows: The location or description of the proposed installation is more fully shown by 3 copies of the drawings attached to this notice. I understand and agree that: 1. The County Engineer must be notified 72 hours prior to the beginning of construction in order that he, or his designated inspector, may inspect the actual installation - 2. All damage to the roadways and rights-of-way will be repaired to their original condition to the satisfaction of the County Engineer. 3. Brazos County reserves the right to require Applicant to relocate or lower any such line at no cost to Brazos County, should same become necessary due to widening or lowering, or other alteration of the roadway or right-of-way. 4. Brazos County will in no wav be responsible for any damage which might occur to any existing utiiay lines in the (:ghl-of-way. 5. The line will be constructed and maintained on the County right-of-way in accordance with the Utility Accommodation Policy which was adopted by the Texas Department of Transportation on May 29, 1989. 6. The line or lines will be constructed no less than twenty-four inches (24") lower than the lowest part of the drainage or bar ditch and the drainage is to be considered at least two feet (2') below the center of the roadway. 7. All sites will be barricaded during the construction period. Construction of this line will begin on or after the 29 day of APRIL 20W q-a7-n11 Prr.4. / Firm: Wickson Creek Special Dtilicy District By: -~S1.~ Ulf s. Title: Genera'- Manager Address: B. o. Box 4756 _ Bryan, Texas 77805 Phone: 979-589-3030 APPROVED BY COMMISSIONERS' COURT ON; Date Sims"Obunty Judge VOL P-1 PAGE 'f 9