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HomeMy WebLinkAbout2009-12-15-6:00PM-REGULARBRAZOS COUNTY BRYAN, TEXAS NOTICE OF MEETING AND AGENDA ±Jai G--C I I P 5: 1 1 it BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON 15 DECEMBER 2009 AT 6:00 P.M. IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVENUE, SUITE 106, BRYAN, TEXAS. 1. Invocation and Pledge of Allegiance — Judge Sims. 2. Call for citizen's input and/or concerns. 3. Presentation regarding Delinquent Property Tax Collection Activity for the period of 1 September 2008 through 31 August 2009. Consider and take action on agenda items 4 —18: 4. Budget Amendment 09/10 — 10.1 thru 10.6. 5. Personnel Change of Status. 6. Payment of Claims. 7. Proclamation 09 -029 celebrating the Brazos Valley Council on Alcohol & Substance Abuse (BVCASA) 25`' year of operations. 8. Appointment of the following individuals to the Research Valley BioCorridor Task Force: a. Randy Sims, County Judge b. Commissioner Duane Peters, Pct. 2 c. Commissioner Kenny Mallard, Pct. 3 Vp1. I 1 � 3 a ` - "0 03 Fax: (979 361 -0503 Office of the County Judge • 200 So�i e' �°''" 1 Commissioners Court Agenda 15 December 2009 Page 2 9. Membership in the Texas Excavation Safety System, Inc., a Texas nonprofit corporation established in an effort to reduce injuries to persons and damage to underground facilities through the establishment of a statewide notification system. 10. Memorandum of Agreement with Texas A &M University for the County's contribution to the cost of Aircraft Rescue and Fire Fighting (ARFF) coverage on Easterwood Airport. Tenn of agreement is 10/01/2009 through 9/30/2010. 11. Request from Jim Singleton Architects to increase his fee for the architectural services associated with Collier Construction's Change Order #1 from 3% to his normal fee of 6 %, totaling $119,343.12. 12. Adoption of the proposed Records Management Policy, version 1.0, as required by Brazos County Resolution 08 -014. 13. Action to be taken regarding excess truancy fines paid by Brazos County to BISD. 14. Change in the County's mileage reimbursement rate from $0.55 /mile to $0.50 /mile effective 1 January 2010. 15. Tax Refund Applications for the following: a. Arizona Dept. of Veteran's Services b. Affordable Mobile Home c. CMH Homes, Inc. d. Ronnie & Jane Haug e. Tammye Black f Townwell Trust g. Laurel L. Jones h. Robert & Brenda Hoffman i. David R. Bearss & Kelly R. Humphries j. Vanderbilt Mortgage & Fin, Inc. k. Country Place Mortgage 1. Allen & Kelli Cook m. Mike Benton n. Randall W. Sullivan o. Donald Sievers p. Donna F. Thibodeaux q. Patrick & Sharon Wiatrek r. ZTD, Inc. 16. Replat of Lots 25, 26, 27 and 30, Block 3 of Riverstone Subdivision Phase Two, volume 9322, page 190, 6.77 acres (6.69 AC.) John Austin League, A -2 (City of Bryan ETJ), Brazos County, Texas. Site is located in Precinct 2. 17. Request for the County to pay membership dues to the Justices of the Peace and Constables Association of Texas for the Pct. 3 Constable and three (3) addition employees of that office totaling $165.00. 18. Payment Authorization in the amount of $55.00 to A -1 Towing Service for the Pct. 4 Constables' Office; a purchase order was not obtained in advance. 19. Announcement of interest items and possible future agenda topics. 20. Call for citizen input and/or concerns. 21. Agency /Board / Comm1 worts by Court membe Vol. P$• r! Commissioners Court Agenda 15 December 2009 Page 3 22. Adjoum 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 Brazos 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 decomm 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 forum 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 Commissioners 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 has 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. The County Administration Building is wheelchair accessible. Handicap parkin$�sp�c are available. Any request for sign interpretive services must be made twQ Jv day�be.Ar�re meeting To make atrah rents, please call (979) 361 -4102. V 1 t BRAZOS COUNTY BRYAN, TEXAS NOTICE OF ADDENDUM TO THE AGENDA BRAZOS COUNTY COMMISSIONERS COURT ti o THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON 15 DECEMBER 2009 AT 6:00 P.M. IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVENUE, SUITE 106, BRYAN, TEXAS. In addition to the regular agenda, the Commissioners Court will consider and take action on the following item(s): 1. Amendment to the contract for janitorial services with Howell Service Corporation for the JP Pct. 3 /Constable Pct. 3 and JP Pct. 1, changing the service from three days per week to two days per week and adding floor services four times per year. 2. Manual requisitions for the purchase of appliances for the Low Risk Facility as follows: a. Buddy's Brazos Appliances $ 2,060.00 b. Lowe's 179.52 The Brazos County Courthouse is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two business days before the meeting. To make arrangements, call (979) 361 -4102. Office of the County Judge 200 South Texas Ave q Suite 332 • 77803 • Fax: (979) 361 -4503 Vol. �== PS•— �' --=-- COMMISSIONERS.' COURT REGULAR MEETING DECEMBER 15, 2009 A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Commissioners Courtroom in the Brazos County Administration Building, 200 South Texas Avenue, in Bryan, Brazos County, Texas, beginning at 6:00 p.m. on Tuesday, December 15, 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; Irma Cauley, Commissioner of Precinct 4; Karen McQueen, County Clerk, Absent. The attached sheet contains the names of the citizens and officials that were in attendance. The County Judge gave the invocation and led the pledge of allegiance. There was no citizen input /and or concerns. The Court next heard a presentation of the quarterly delinquent tax report presented by Shelburne Veselka, representative of McCreary, Veselka, Bragg & Allen, P.C. Attorneys at Law. Mr. Veselka stated that the economy is the cause for more lawsuits being filed. Vol 1 91- Page A 1 5 Commissioners Court meeting December 15, 2009 2 The first matter before the Court was Budget Amendment #09/10 -10.1 through 10.6, which would reallocate funds for the Health & Life Fund, Jail Expansion 2007 (2), Information Technology Department, Magistrate; transfer funds from Contingency to District Clerk -Jury Services. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the budget amendment as submitted, a copy of which is attached. The Court proceeded to consider the change of status of employees as submitted on the attached Personnel Action Requests. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the change of status as submitted. The Court next considered the following Claims as submitted by the County Treasurer for payment: 7069155 through 7069366 On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to approve the Claims as submitted. The County Judge read aloud Proclamation 409 -029 celebrating the 25 anniversary of the founding of the Brazos Valley Council on Alcohol and Substance Abuse (BVCASA) . The Court joins with the Mayors and Councils of the cities of Vol 10-9 Page d I b Commissioners Court meeting December 15, 2009 3 Bryan and College Station to strongly support, honor and salute BVCASA'S efforts, dedication and commitment over the last 25 years, and on its birthday, wish to encourage all citizens to join the BVCASA in continuing to protect our community from the dangers of alcohol and abuse of drugs. The next matter for consideration was the appointment of individuals to serve on the Research Valley BioCorridor Task Force. On motion by Commissioner Cauley, seconded by Commissioner Wassermann, the Court voted unanimously to appoint the following individuals to serve on the Research Valley BioCorridor Task Force: a. Randy Sims, County Judge b. Duane Peters, Commissioner, Precinct 2 c. Kenny Mallard, Commissioner, Precinct 3 The next matter before the Court was consideration of membership in the Texas Excavation Safety System, Inc., a Texas nonprofit corporation established in an effort to reduce injuries to persons and damage to underground facilities through the establishment of a statewide notification system. This will protect our fiber optic system and we will be notified if someone is excavating nearby. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve Vol 0-9 Page a1-7 Commissioners Court meeting December 15, 2009 4 the contract and authorized the County Judge to execute the document. A copy is attached. The next matter before the Court was consideration of a Memorandum of Agreement between Texas A&M University and Brazos County for the financial support of the cost of Aircraft Rescue and Fire Fighting Coverage on Easterwood Airport. The contribution amount is $58,768.25. On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to approve the Memorandum of Agreement and authorized the County Judge to execute the document. A copy is attached. The Court next considered a Change Order to the contract with Jim Singleton Architects to amend the percentage they are paid for Change Order #1 to Collier Construction. The original design work was paid at 3 percent of the construction costs. The additional design work for the Expo expansion will be paid at 6 percent of the construction cost, or $119,343.12. On motion by Commissioner Peters, seconded by the County Judge, the Court voted unanimously to approve the in increased percentage. The next matter for consideration was the proposed Records Management Policy, Version 1.0 as required by Brazos County Resolution 08 -014. Commissioner Mallard asked how many tons of Vol L ' 0 Page a 18 Commissioners Court meeting December 15, 2009 5 paper has been destroyed. Lynn Allen, Records Management Coordinator replied that 44 tons of paper have been destroyed since November of last year. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the proposed Records Management Policy, Version 1.0. A copy is attached. The Court next considered that action to be taken concerning the overpayment of truancy fines by Brazos County to the Bryan Independent School District. To date Brazos County has paid over $58,000 to Bryan Independent School District since ,2002. On motion by the County Judge, seconded by Commissioner Peters, the Court voted unanimously to contact Bryan Independent School District about the truancy fines and discuss the reimbursement owed to the county. The next matter for consideration was a change in the County's mileage reimbursement rate from $0.55 per mile to $0.50 per mile effective January 1, 2010. Commissioner Peters moved to approve the change. Commissioner Wassermann seconded the motion. Commissioners Wassermann, Peters, Mallard and the County Judge voted "Aye ". Commissioner Cauley voted "No ". The motion carried. The next matter for consideration was approval of tax refund applications from the following individuals and /or Vol 1 d-9 Page a.l9 Commissioners Court meeting December 15, 2009 companies: Gl a) Arizona Dept. of Veteran's Services, Over Payment $29.98 b) Affordable Mobile Home, Over Payment $17.57 c) CMH Homes, Inc., over payment $453.70 d) Ronnie & Jane Haug, over payment $206.26 e) Tammye Black, over payment $8.61 f) Townwell Trust, over payment $10.00 g) Laurel L. Jones, over payment $685.50 h) Robert & Brenda Hoffman, over payment $12.96 i) David R. Bearss & Kelly R. Humphries, over payment $19.39 j) Vanderbilt Mortgage & Fin, Inc., over payment $727.20 k) Country Place Mortgage, over payment $560.97 1) Allen & Kelli Cook, over payment $37.44 m) Mike Benton, over payment $8.73 n) Randall W. Sullivan, over payment $11.22 o) Donald Sievers, over payment $6.92 p) Donna F. Thibodeaux, over payment $7.45 q) Patrick & Sharon Wiatrek, over payment $11.84 r) ZTD, Inc., over payment $10.23 On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to approve the tax refund applications. The Court next considered approval of the Re -plat of Lots 25, 26, 27 and 30, Block 3 of Riverstone Subdivision Phase Two located in Precinct 2. Richard Vance, County Engineer, stated that he had reviewed the plat and all appeared to be in order. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the re -plat of Lots 25, 26, 27 and 30, Block 3 of Riverstone Subdivision Phase Two as submitted. Vol t e) C11 Page r_oLO Commissioners Court meeting December 15, 2009 The next matter for consideration was a request submitted by Constable, Precinct 3 requesting the County to pay membership dues to the Justices of the Peace and Constables Association of Texas for the Constable and three additional employees of that office. The total amount requested is $165.00. On motion by Commissioner Mallard, seconded by Commissioner Cauley, the Court voted unanimously to table consideration to allow legal counsel to review the request. The Court next considered a payment authorization in the amount of $55.00 to A -1 Wrecker Service for towing a vehicle from the office of Constable, Precinct 4 to Lithia Dodge. No purchase order was obtained. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the payment authorization. At this time the County Judge considered the Addendum to the Agenda. The first item was an amendment to the contract for janitorial services with Howell Service Corporation for the Justice of the Peace and Constable, Precinct 3 office and the Justice of the Peace, Precinct 1 office. The change would be in service from three days per week t two days per week and adding floor services four times per year. On motion by Commissioner Mallard, seconded by Commissioner Cauley, the Court voted unanimously to approve the change in service from Vol 19-9 Page of o2 Commissioners Court meeting December 15, 2009 8 three days per week to two days per week and adding floor services four times per year. The second item of the Addendum was approval of two manual requisitions for the purchase of appliances for the Low Risk Facility. They are as follows: a. Buddy's Brazos Appliances $2,060.00 b. Lowe's $179.52 On motion by Commissioner Peters, seconded by the County Judge, the Court voted unanimously to approve both requisitions. Under announcement of interest items and possible future agenda topics the following spoke: Candy Gallego, Executive Assistant a) Met with Novrusolutions on the Agenda Management Software. We will need a workshop to inform the Court and to discuss policies. Under citizen input and /or concerns, the following spoke: Sheriff Chris Kirk a) There are 504 inmates in the Brazos County Jail, 39 are out of county, 53 are on electronic monitoring and 47 are pending for electronic monitoring. Under Agency /Board /Committee reports by Court members, the following spoke: Vol a `� Page Oq ex Commissioners Court meeting December 15, 2009 Commissioner Mallard a) There will be a High Speed Rail meeting in Commerce, Texas this week. Commissioner Cauley a) Stated that she has been asked to serve on the Education in Texas Committee and will travel to Houston for workshops on dropout prevention. She is also serving on the Visioning for Bryan Independent School District Technology Committee and they met all day long December 4 and 5. b) On Saturday she attended the Precinct 4 Fire Department Christmas party where they gave out awards. W There being no further business to come before the Court, the meeting was adjourned. o2 a Vol a ° I page _3 The foregoing minutes of the Commissioners Court meeting held December 15, 2009 have been examined and are approved in open Court this the c )fof day of 7 2010 in Bryan, Lloyd Vassermann Commissioner, Precinct 1 Duane Peters Kenny Malla Commissioner, Precinct 2 Commissioner, Precinct 3 Irma Cauley Commissioner, eci ct 4 Attest: 4 L-1 t a r McQueen County Cl l r Vol I d Page d� 4 BRAZOS COUNTY COMMISSIONERS COURT Meeting on YJLSQj4 , 2009 v PAGE / of Vol. 1 0-9 Pg. a:aS ■ I 1 �m� v PAGE / of Vol. 1 0-9 Pg. a:aS BRAZOS COUNTY COMMISSIONERS COURT Meeting on /— , 2009 @ Name Organization / Department PAGE J- of - Vol. I P BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 09/10 -10.2 i ali sl2ons FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 4308 63430800 80130000 CR Buildings - Sheriff Jail 1,800.00 4308 63430800 60420000 DR Jail Supplies 1,800.00 Jail Expansion 2007 To reallocate funds to allow for the purchase of food trays and two food carts for the new Jail facility. MN OR` Vol. I °2 q pg o BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 09110 - 10.3 12/15/2009 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 4308 63430800 67050000 CR Appliances 240.00 4308 63430800 60500000 DR Office Equipment 240.00 Jail Ex ansion 2007 To reallocate funds to allow for the urchase of microwaves out of [he proper account. Vol. c ';m pg. 0-g BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 09110 - 10.4 e �m annno FUND 0100 0100 DIV 14000100 14000100 ACCT 67203000 67342000 PROJ 0 CR DR ACCOUNT NAME Minor Com uter Hardware Furniture Increase 768.95 Decrease 768.95 Information Technolo To reallocation funds for the was instructed to urchase the purchase of a TV hardware and cart for the software necessary Pol com for the camera system for use b M 'strate 2 De artment. new Ma istrate 2 De artment. The IT De artment P o: Y fit` Vol. [ 9-9 Pg. a BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 09/10 -10.5 12/15/2009 FUND DIV ACCT PROJ DR/CRI ACCOUNT NAME Increase Decrease 0100 11001500 61130000 CR Contingency - General Fund 17,928.00 0100 20010000 60620000 DR Postage 14,252.00 0100 20010000 71025000 DR Contract Services 3,676.00 District Clerk Ju Services and General Fund Contingenc To rallocat funds to allow for the additional cost for printing, paper supplies, postage and fees for the mailing of'uror cards in the Jury Service De artment. The amount originally requested by the District Clerk was insufficient to cover the expendi ture for the year. V Vol. f o pg. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 09110 -10.6 12/15/2009 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 22600100 59100000 CR DDEA 981.69 0100 22600100 60360000 CR Furniture 200.00 0100 22600100 65320000 CR Equipment - Maintenance 250.00 0100 22600100 61620000 CR Subscriptions & Publications 359.97 0100 22600100 67342000 DR Furniture 1 Magistrate To reallocate funds to allow for the payment of fumiture purchased in FY 2009. The invoice was unpaid after the Auditor's office closed out the fiscal yew . The Magistrate is ovin current yea funds to pay for the furniture. Vol. 1a9 P a31 PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: December 15, 2009 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Change Requests Department Submitting Employee Request Action Requested Request(s) Applies To Juvenile Alvarado, Maria New Hire Holster, David Transfer Win Dept. Sharp, Rhonda Resignation Taylor, Jannifer Thomas, Neshae Thomas, Neshae Wada, Kazuki Wade, Cedrick Transfer w /in Dept. New Hire Transfer w /in Dept. Termination New Hire SO Admin Smith, Terry Reduction In Pay Tax Office Bomnskie, Tauna Earle, Patricia Klintworth, Lisa Lucero, Jessica Oglesby, Stacie Williams, Sierra Wood, Mechelle Approved in Commissioners' Court: New Hire Transfer w /in Dept. Promotion Transfer w /in Dept. Transfer w /in Dept. Resignation Promotion County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) vot. C X9 Vol. Table of Contents Please select one of the following: • TESS Membership Benefits • Procedures for Joining e TESS Board Members e Implementation Guidelines • Application for General Membership • Member Information Sheets • KorWeb • GeoRemote • Mission Statement • TESS Utility Members • Bylaws Vol. l a p 2 3` exas Excavation Safe S stem, Inc. Member - Directed, Non - Profit One Call notification center • Call center located in Dallas • Highly trained staff with a low turnover rate. • Bilingual customer service representatives. • Strict quality control and oversight. • More than 850 members represented by a member elected Board of Directors. The Board makes decisions based on what best serves those member companies, excavators, and the general public. • DIG -TESS doesn't require a contract with its member companies. We owe our growth and member - retention to exemplary service. • DIG -TESS receives more than 70% of the incoming locate requests in the state of Texas. DIG -TESS keeps member costs low • DIG -TESS services are billed on a "per use' basis at .95 per notification. There are no additional fees or add -ons and your satisfaction with our notification service is guaranteed. • GeoCall notification system utilizes "shape- files" to define notification parameters. This results in fewer notifications regarding work done outside of your service area. • There is no charge for initial mapping or any future service territory updates. • Members can view and update their GeoCall service territory online from the convenience of their office with Member Service Area Management (MSAM). • DIG -TESS updates GeoCall with Tele Atlas digital mapping at least every 6 months or as necessary to address geographic locations experiencing rapid growth. • DIG -TESS distributes notification tickets to multiple locations for no additional charge. • There is no additional charge for re -sent tickets or for "voice- outs" in conjunction with emergency and dig -up notifications. • DIG -TESS provides KorWeb, a web -based ticket management system to our members at no additional cost. • All excavators can enter locate requests on -line with GeoRemote which reduces time and increases efficiency, especially when mapping the requested area. Members benefit from GeoRemote due to reduced operating costs associated with the GeoCall interface. • Members benefit from extensive industry and public outreach conducted by DIG -TESS staff who spread the "Dig Safely" message at conferences, safety meetings, and with individual excavators on member behalf. DIG -TESS also does excavator mailings, publishes and distributes a newsletter, and maintains a website in English and Spanish. Vol. __ _ ° 1 Pg• Q 3 5 TEXAS EXCAVATION SAFETY SYSTEM, INC. Procedures for Joining 1. Complete and sign Application for General Membership 2. Complete Member Information Forms 3. Provide mapping area to be notified or contact the TESS Member Services Team at (972) 231 -5497. 4. Mail: Completed Application for General Membership Completed Member Information Forms Mapping Information to: Texas Excavation Safety System, Inc. 11880 Greenville Avenue, Suite 120 Dallas, Texas 75243 -3568 If you have any questions regarding... The TESS Organization . TESS Bylaws TESS Membership Fees Implementation Procedures or Mapping Or any other questions Please contact Jill Nelson at 972 - 280 -8630 VOL- i'_ a 9 PS a 31p TESS BOARD /STAFF VOI. � -� P�'-_- _�_ BOARD OF DIRECTORS T Energy Lance Andrews__ (10 mos Ene 2601 Logan St reet, D allas, TX 752 9 Secretary I Transfer 711 Louisiana Street, Suite 900, Houston, TX 7700: Gard Cook (C) _ (10 IEMBARQ 1504 West Corsicana St, —Athens, 757 _ Art Daniel 10 AR Daniel Construction Svcs. 506 Tidwell Street Cedar Hill TX 7510 Richard Eskuchen 09' [ Centurion Pipeline 17 Mariners Lane, Kemah, TX 7756: I Craig Green 10 IEastex Telephone PO Box 15 10, Livi TX 7 Kenneth Hart _ ( 10 Ve_izon South wes' _ P 2 201 Avenue I, _ P TX 7507 _ 2nd Vice Chair Susan Madden 09 IAT &T 750 W. John Carpenter Fwy, Irving, TX 7503( I I Robert Shu arman (09 Time Warner Cable 300 Parker Square, Ste 210, Flower Mound, T X 75021 Larry Urban 10 Northern Natural Gas PO Box 283, Dumas, TX 79025 1st Vim Chair Del Wendt - 09 Immediate Past Chai I jOncor Electric Deliver) 1601 Bryan Street, Suite EP21 135, Dallas, TX 75201 Patrick Weyers _�l 0 — r IAmerioan Elect Po 825_ Tech Center Drive, Gehenna, O H 4323( Treasurer TESS STAFF I Lee Marrs President 11880 Greenville Ave., Ste 120, Dallas, TX 7524: Mi ke Losawy T Di rector Jack Garret) David Wofford _ Sarah — Carlson Jill Nelson of Operation! _ [Director, Regulatory Servica. Director, D Pre vention fTechnology Services Manage Administrative Manage 11880 Greenville Ave., Ste 120, Dalla TX 7524: _. 11880 Greenville Ave., Ste 120, Dallas, TX 7524: 11880 Greenville Ave., Ste 120, Dallas, TX 7524: 1 1880 Greenvi Ave., Ste 120, Dallas, TX 7524 11880 Greenville Ave., Ste 120, Dallas, TX 7524: VOI. � -� P�'-_- _�_ TEXAS EXCAVATION SAFETY SYSTEM Member Implementation Guidelines T opic P�ac e Operation Description Building The Database 2 Message Receipt Options Vol. I a 1 p :� 3 9' DIG TESS CENTER OPERATING CHARACTERISTICS Anyone planning excavation can call 1- 800 -DIG TESS, toll free or submit an e- locate 24 hours, 7 days per week. The call will be answered by one of the Center operators. The operator will ask the caller a series of questions concerning the planned excavation. For e- locates please visit: hftp: / /www.digtess.org When you call, the TESS representative finds the location of the excavation site on an automated mapping system based on the caller's direction. The area of excavation is then cross - referenced against all TESS member databases to determine which members will be notified of the excavation. The caller is then given a unique "Locate Request" number (aka "Ticket Number") as proof of contacting the DIG TESS Center. The Locate Request number (Example: 090600794) is composed of the following fields: 09 = Year 060 = 60th Day of Year 0794 = Daily Sequence Number In addition to the Locate Request number, each message sent to a member is assigned a Sequence Number. Using this number, the member can verify receipt of all messages. All conversations in and out of the Center are recorded and saved for a minimum of four years. Locate Request messages sent out by TESS are classified by priority. These classifications are: Emergency - situations involving danger to life, health, or property. Dig-up - situations involving a damaged underground line. Non - Compliant - calls for locates with less than 2 work -day notice. Routine - calls for locates with at least 2 work -day notice and not more than 14 days notice. Within minutes from the time an excavator has called the Center, all members with facilities in the excavation area will receive a locate request message. Excavators are required to give at least 2 work -day notice to our members for locate requests. Our members will be asked to locate their facilities and notify the contractor within 2 working days from the time of receipt of the locate request. Vol. 1 ail Pg. a,3 '7 BUILDING THE DATA BASE TESS makes every effort to ensure that building a database is as simple and painless as possible. The member's first step in doing this is to contact a member of our Member Services team (Brenda Sattler, Christy Smith or Miranda Stovall) at 972 - 231 -5497. We will discuss the various methods of submitting your database, so that we can facilitate a smooth transition into the TESS system. After this task is completed, TESS will provide a copy of the new database for verification. The mapping assistance that our Member Services staff provides at no extra charge is just another example of the many benefits enjoyed by TESS members. [ L' vol. l a Pg.� TESS CENTER MESSAGE RECEIPT OPTIONS Locate Request Messages may be received at member locations in the following ways: 1. Email - The Center will email up to three email addresses at no additional charge. We recommend that these email addresses be dedicated for receiving TESS notifications. 2. KorWeb - Web -based ticket management service that is free to TESS members. (See enclosed handout) 3. FTP - Members will need software to retrieve locate requests from our FTP site or designate a site of your own for us to deliver locates. We will need the IP address and a user name and password to access your FTP server. In case of "Emergency" or "Dig Up" locate requests, the Center personnel will call each member by voice as well as transmitting the hard copy message. Each locate request transmitted will have a sequence number (in addition to the Locate Request number) to help the member verify receipt of all messages. 3 Vol. 1 pg. 44 1 TEXAS EXCAVATION SAFETY SYSTEM, INC. Application for General Membership WHEREAS, Texas Excavation Safety System, Inc. (TESS), a Texas nonprofit corporation, has been formed in an effort to reduce injuries to persons and damage to underground facilities through the establishment of a statewide notification system, and, WHEREAS, the undersigned desires to be a General Member of TESS and requests approval for general membership. NOW, THEREFORE, in consideration of the mutual covenants, agreements, and mutual benefits to be gained by general membership in TESS, the undersigned hereby applies for admission as a General Member of TESS. When the undersigned has been approved as a General Member and has been given written notice that its application has been approved, the undersigned will be a General Member of TESS and agrees to abide and comply with the Membership Agreement, and pay promptly and fully the fees and assessments prescribed by the Board of Directors of TESS pursuant to the Bylaws. mss' G. C,7�/- mil-• Address 2n�n , - 12 ' fiz)3 City, Slate, zip oh c (cr Date NOTE: Your primary contact person for Brazos County is Eric Caldwell, Department Bead for the Brazos County Information Technology Dept. at the phone number an address listed above. /, Vol. 1 a� p a Ta (9'M - 1 - U.3/0 Phone Number TEXAS EXCAVATION SAFETY SYSTEM, INC. (TESS) Member Information Sheets Please fill out the following Member Information sheets completely to ensure that our records are current, thus giving the call center the means of providing you the service you expect. The system is very flexible, and care must be taken to provide the information requested, especially item numbers 7. 8 and 9 . These important items direct us as to how you want us to handle your emergency and digup voice calls and where and how you want to receive your regular message transmissions. (SEPARATE ITEMS 8 & 9 MUST BE COMPLETED FOR EACH MESSAGE RECEIVING LOCATION.) If you have any questions regarding the information requested, feel free to contact Jill Nelson at 972 - 280 -8630. Please provide all changes to the information provided herein and /or related to you service area IN WRITING or by email, allowing as much lead -time as possible. Upon receipt, the processing of any changes, except for extensive additions or revisions, will be completed within a nominal period of time. RETURN TO: Texas Excavation Safety System, Inc. 11880 Greenville Avenue, Suite 120 Dallas, Texas 75243 Company Name: IL)Y4�1�0'-� t 0 Submitted By: Title: Phone Number: Email Address: h h I I n (`fJ C c7 •� .l (`� Company Website Address: 1 ®1, _._._ I_�'1 Pg. o� + fl CI G IA hr� t Date: The following information is necessary to serve you as a TESS member: Company Name: J Class "A" Facility Electric Gas Telecommunications Petroleum Products Steam Class "B" Facility (water, sewage, or slurry) Other: Company name to be shown on notification: 2. Street Address: Z E T - 7 City: ' State: 1 1` Zip Code: - =� 3. Your designated li aison representative for CORRESPONDENCE. C _ J Name: � i � I Re d I q mG 1 Title: Scn ' b� 6 qS J �r�''r ST i Mailing Address: fi 2 4 City: ' K State: — — J Zip: / `78a / Phone Number. z 2 J WI �5 Ext.: E -Mail Address: b he, 11 i' VIA 6 4. Your designated liaison representative for BILLING. Vol. (d j -2- a 4 Lf Name: L ea- Title: k ni, ki AS S(416& Mailing Address: _77X Cit Rr �4 PX State: T)� zip: Phone Number: (T7 ( I - Ext.: E-Mail Address: 0 1 r) i rk 0 60. k r4s,> , - f - � , 3 g L � -5 Vol. __L � P9.- 5. Your designated liaison representative for DATABASE VERIFICATION. Name: PSG N �d l l Title: 17 �ib' koy ll�t' II, i -3 t 1 . Mailing Address: City: c, -7_ State: Zip: 6 Phone Number: I� ?Z G zl Z Flt: E -Mail Address: M I �, rej • 6. REFERRAL NAME that can be given to callers. (This is required by law.) Name V� I I NCB I Iii yit� // Title: !� r - 6 41( ' Mailing Address: 6- Z - 7 -rµ �f City: q / State: l 7 ( Zip: 7 03 Phone Number. ( 1 1 �G I " - I (1 Ext.: After Hours number: E -Mail Address: a- a p 7'LQ Holidays and other days off: Please place an "X" next to the following holidays which your company observes: New Year's Day Martin Luther King's Birthday Lincoln's Birthday President's Day Columbus Day Veteran's Day X Thanksgiving Day A Christmas Day Other days off: Please list any other days off that you normally observe: q 5 _ a�-7 Vol. I l pg.— -- Good Friday Memorial Day A Independence Day Labor Day Columbus Day Veteran's Day X Thanksgiving Day A Christmas Day Other days off: Please list any other days off that you normally observe: q 5 _ a�-7 Vol. I l pg.— -- 8. Message receiving location information — This item must be duplicated for each message receiving location. CDC Contact Name: Phone Number: Cl I T 1 I A U6i Fax: 1 I J `) 6 I ­ 446 6 Street Address: 17 n7 City: - d State: �_ Zip Code: - 7_ Normal working hours: (time) e'S� (days of week): Is your primary receiving device mai , KorWeb* or FTP? (Circle one) E- mailaddress: blht3ll! KorWeb *: A representative with TESS will contact you with more information regarding this program. FTP address: Username: Password: Is your after hours receiving device different from your primary receiving device? Na E -mail, KorWeb* or FTP (circle one). E -mail address: KorWeb *: A representative with TESS will contact you with more information regarding this program. FTP address: Username: Password: * Free online ticket management Vol. 1 a 16 pg. ° 2 Y? _ (For TESS use only) 8. Message receiving location information – This item must be duplicated for each message receiving location. CDC Contact Name: Phone Number: Street Address: 2_ 2 / 1ff- S�f City: r State: Zip Code: � Normal working hours: (time) / y � (days of week /' / r — Is your primary receiving devic mail KorWeb* or FTP? (Circle one) C E -mail address: I D KorWeb *: A representative with TESS will contact you with more information regarding this program. FTP address: Usemame: Password: Is your after hours receiving device different from your primary receiving device? 140 E -mail, KorWeb* or FTP (circle one). E -mail address: I:orWeb *: A representative with TESS will contact you with more information regarding this program. FTP address: Username: Password: * Free online ticket management Vol. [ Pg.__ ) 4� _ (For TESS use only) 8. Message receiving location information — This item must be duplicated for each message receiving location. CDC (For TESS use only) Contact Name: Phone Number: 1 1� ) o —_ NO Fax: Street Address: - 7.j3rL 6 22 l N JT City: State: 1K Zip Code: _ Normal working hours: (time) (days of week): Is your primary receiving device -mail orWeb* or FTP? (Circle one) E -mail address: bbl (114� (Q t KorWeb *: A representative with TESS will contact you with more information regarding this program. FTP address: Username: Password: Is your after hours receiving device different from your primary receiving device? PQG' E -mail, KorWeb* or FTP (circle one). E -mail address: KorWeb *: A representative with TESS will contact you with more information regarding this program. FTP address: Username: Password: * Free online ticket management 5O Vol. G'a_� pg. 0 - Message receiving location information — This item must be duplicated for each message receiving location. CDC (For TESS use only) Contact Name: L Fax! Street Address: /ZEJ�i City: R QU State: Zip Code: c Normal working hours: (time) �� (days of week): M— Is your primary receiving devic T—C'n- orWi eb* or FTP? (Circle one) E -mail address: ]�Gi �Y}1 I hire, -2 OS."t�L,V :_ Phone Number: l 1 / I l Db I — KorWeb *: A representative with TESS will contact you with more information regarding this program. FTP address: Username: Password: Is your after hours receiving device different from your primary receiving device? NO E -mail, KorWeb* or FTP (circle one). E -mail address: KorWeb *: A representative with TESS will contact you with more information regarding this program. FTP address: Username: Password: * Free online ticket management Vol. 9 t'g °� 9. Backup voice message information: During Working Hours: You will receive a backup voice message from the call center (in addition to the regular message transmission) for emergency and dig -up notices: What telephone number should be called? (T ( 1 `J f 65 After Normal Working Hours: You will receive a backup voice message from the call center (in addition to the regular message transmission) for emergency and dig -up notices: What telephone number should be called? 5 6 ) _ - ! " J Vol. ° � I P9. 5 Introducing our Ktt wet KoMeb applicatii al o Thi &A g re, m: t 1 m e scal) g h our p a software i This., W R Accur messa 24 monitoring �.'gR Integrated s Elim 0, or toner to deal E na bl es m e m b M5 reauirements If you w'o contact Sh`akh'&Aha at shakheanafield §@Oigj and E9 fre I e please ispe.wv'� red-�gery i email at Vol. 1 Pg. P- 5 3 Introducing our free online product : GeoRemote I am a Remote Applications Specialist at Texas Excavation Safety System (DIG TESS). I would like to introduce you to this exciting online product. This easy -to -use system will allow those with reliable internet access to directly enter locate requests into our system. The service is free and only requires Internet access, basic computer skills, and a free thirty- minute training session. Here are some of the benefits of using GeoRemote: • You will immediately receive your confirmation number • You will immediately learn which members are being contacted • All tickets processed under your login will be archived in the system • Access to the system twenty -four hours a day, seven days a week You can look up any ticket you have processed by date More control over when your ticket is being processed If you would like more information on this product, please visit our website at www.digtess.org and click on the GeoRemote link. It will walk you through a short demonstration of our product. You may also give me a call at 972 - 280 -8791 or email me at shakheanafieldsCcD-digtess.org Vol. Pg Vol. 1 Pg. R5 L L N C ° d m r Co` m m y �_ Z m= x m o m °° a o m c T m O 01 m C o v 7i °� .° `o .° m m m �_ '� `m E -O C c am° C Z o> 3 °2 c c e y a Y d E E E . �. >. 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O O O O O C m C L 0000000 0_o_ao_aa- a-n_a_ a a _ U o Z � E :t — (O o o N E 0 d U w d J N W O N' a. y y J c d a — a U c o m d d a m m o �o yaoc� U U V "O U m@ m m m m m d d d d m a. n.a_an.n.aa_a_aaa_ Vol. �:—_ p8• aa�— � � � � � � 3/ \ E § ƒ§ =0- &m {.tea ®-Emm@■Or2a t /®IoolLuW0Wt 0000��ao ) / Q § f ; q � £ k f $ / -§ {,) � £� q e \ \/«)]�_ ® �® //f « ( /2t'2 -- - --- J Q & E§ , 22 ®%) )a( \ § ow >� /33$ } / / /} / } / /// ®}E k) \j j ,/ a- kkkƒ r (d){ ��)«e , a�M /g =t, §2@,, / \)$7 \\7k))(kk( \)� kkos�a�-== = =z =a. ) -zg: �«�$ttt« §t«$«�«/ LU _m ka \§ . y\ mj 2 ){ << )LU sae$$ /t)] \)) /t /\(/C \2 //0 /2 \u *%3)e- e,,,,,- wolf{& 0 I ° ee� >00M=W G$0-2 0 2.9 / /\{{ /jf\\§ §& /g >>>>>> >>>> >> W CL ,R ] iR � mE .2CD \ k\\ &�) \) \k,ka- . w a_ \r /§§ 222#u)!ka#)) \E CD ®oa®CL CD �mQr / / ©�§)J±2>j2: \z t ,m@ G@ @'�gk!)e` ®2a- °!, /«�z%% 000ue000>2�zzd- a32=m\�2 %(% &&&((6<((<(r %r © © r /r / / / + *))) - -F— )f\ Vol. [� /� P. ol too ° BYLAWS OF TEXAS EXCAVATION SAFETY SYSTEM, INC. ARTICLE I Name and Principal Place of Business Section 1. Name. The name of this Corporation shall be "Texas Excavation Safety System, Inc. ". Section 2. Principal Office The principal office of this Corporation shall be located at 11880 Greenville Avenue, Suite 120, Dallas, Texas 75243. Section 3. Registered Office The registered office of this Corporation shall be as specified in the Articles of Incorporation of this Corporation. ARTICLE II Meetings of the Corporation Section 1. Annual Meetings The first Annual Meeting of the General Members of the Corporation shall be held for the election of Directors and for the transaction of such other business as may properly come before the meeting on September 9, 1986, and each Annual Meeting thereafter shall be held each following year on the day fixed by the Board of Directors. At each such Annual Meeting, the Board of Directors shall submit to the membership a report of this Corporation's business activities during the preceding year and the general financial condition of this Corporation. Section 2. Other Meetings Other Meetings of the members of this Corporation may be called at any time by the Board Chair. The Board Chair shall call a meeting of the Members of this Corporation upon an affirmative vote of the majority of the members of the Board of Directors, or on the written request of a minimum of ten percent (10 %) of the General Members of this Corporation to the Board Chair. All meetings shall be held at the office of this Corporation or at such other place, or by audio or videoconference, or other means deemed appropriate by the Board and as may be designated in the notice. Section 3. Notice Notice of meetings of members of this Corporation, Annual or Other, shall specify the time, place, and purpose of the meeting and shall be mailed to all members at their respective addresses on this Corporation's records at least fifteen (15) days but not more than thirty (30 days prior to the date of such meeting. Section 4. Quorum At any meeting of the General Members of this Corporation, one -third (1/3) of the votes which may be cast by the General Members of this Corporation voting, either in person or by proxy, shall constitute a quorum for the transaction of business. Section 5. Proxies At any meeting of the members, a member is entitled to vote by proxy executed in writing by the member. No proxy shall be valid after 11 months from the date of its execution, unless otherwise provided in the proxy. Every proxy shall be revocable at the pleasure of the member executing it, except as otherwise provided by law. Page 1 of 10 Vol. f a" l pg 9 & 1 ARTICLE III Board of Directors Section 1. General The control of the business and affairs of the Corporation shall be in the Board of Directors unless otherwise specified or prohibited by the Texas Non -Profit Corporation Act. The Board of Directors shall consist of not less than nine (9) nor more than fifteen (15) persons. The number of Directors nominated by the Nominating and Board Development Committee shall be determined by the Nominating and Board Development Committee. That number of Directors shall be elected by the General Members of this Corporation at Annual Meetings of members of this Corporation or at special meetings thereof called for said purpose. A General Member may have no more than one representative serving on the Board of Directors at any time Section 2. Term. Each Director shall hold office during the term for which he or she is elected and qualified and until a successor is elected and qualified. The Board of Directors shall be divided into two (2) classes of members, one class to be elected in odd numbered years and the second class to be elected in even numbered years. There shall be no more than seven (7) members of the first class who shall hold office for an initial term of not more than two (2) years. There shall be no more than eight (8) members of the second class who shall hold office for an initial term of not more than two (2) years. At all Annual Meetings thereafter, Directors shall be elected by the General Members for a term of not more than two (2) years to succeed the Directors whose terms then expire, provided that nothing herein shall be construed to prevent the reelection of a Director. Section 3. Vacancies Vacancies in the Board of Directors occurring between Annual Meetings may be filled for the unexpired term by a majority vote of the remaining Directors upon recommendation by the Nominating and Board Development Committee at any meeting of the Board of Directors at which a quorum is present. Section 4. Powers The Board of Directors shall have the general management of the affairs, property, and business of this Corporation and, subject to these Bylaws, may adopt such rules and regulations for that purpose and for the conduct of its meetings, as the Board of Directors may deem proper. Section 5. Audit. The Board of Directors shall require an annual audit of the Corporation's financial records by an independent auditor. The audit statement shall be available to any General Member upon request. ARTICLE IV Meetings of Directors Section 1. Annual Meetings of Directors The Annual Meeting of the Board of Directors shall be held immediately following the Annual Meeting of this Corporation for the purposes of electing officers, appointing committees and for the transaction of such other business as may properly come before the meeting. No notice shall be required for the Annual Meeting of the Board of Directors. Page 2 of 10 Vol. C)l PS• Section 2. Regular Meetings of Directors Regular Meetings of the Board of Directors shall be held at a time and place set by the Board Chair. On the written request of a majority of the members of the Board of Directors, or as the Board Chair determines appropriate, the Board Chair shall call a special meeting of the Board of Directors. Meetings shall be held at the office of this Corporation, or at such other place, or by audio or videoconference, or other means deemed appropriate by the Board and as may be designated in the notice. Section 3. Notice Except for the Annual Meeting of the Board of Directors, notice of the time, place, and purpose of any meeting of the Board of Directors shall be given to each member of the Board of Directors, in writing or in person, by mail, e-mail, facsimile transmission or by telephone not later than three (3) business days prior to such meeting. Section 4. Quorum At all meetings of the Board of Directors, a majority of the number of Directors in office shall constitute a quorum for the transaction of business. Section 5. Proxies At any meeting of the Board of Directors, a Director shall be entitled to vote by proxy executed in writing by the Director. No Proxy shall be valid for more than one meeting. ARTICLE V Committees Section 1. Executive Committee The Executive Committee shall consist of the Board Chair and the Immediate Past Chair and First Vice Chair. The Executive Committee shall have as its responsibility all issues regarding personnel management and policy, implementation of the Corporation's business plan, and such other duties as may from time to time be assigned to it by the Board of Directors. The Board Chair shall chair the Executive Committee. Section 2. Nominating and Board Development Committee The Nominating and Board Development Committee is responsible for developing and implementing strategies for recruitment, orientation evaluation and professional development of all Board members. The Board of Directors shall elect the Board members to serve on the Nominating and Board Development Committee for the following year at the Board meeting following the Annual Meeting. The Nominating and Board Development Committee shall provide recommendations for candidates for election to the Board of Directors. No later than three months prior to each year's Annual Meeting, the Nominating Committee shall solicit nominations from the General Membership of the Corporation for the election to the Board of Directors. The Nominating and Board Development Committee shall submit a suggested slate of Directors as provided herein to be acted upon at the Board meeting following the Annual Meeting of members of the Corporation. Additional nominations shall be accepted from the floor with prior approval of the candidate. Section 3. Other Committees The Board of Directors shall establish such committees, as it deems appropriate to advise it on matters affecting the business affairs of this Corporation and the notification center. The members of these committees need not be Directors of this Corporation. Each committee shall have the number of members and such duties, as the Board of Directors shall deem appropriate. Each such committee shall meet at the call of its Chair. Page 3 of 10 Vol. l a 1 Pg. �_b 3 ARTICLE VI Duties of Officers and Directors Section 1. Officers The officers of this corporation shall consist of a Board Chair, Immediate Past Chair one or more Vice Chairs, a Treasurer, and a Secretary, all of who shall be chosen by the Directors at the Board meeting following the Annual Meeting. The Board Chair and any Vice Chairs shall be elected from the membership of the Board of Directors. Any vacancy in any office shall be filled by the Board of Directors at any Regular Meetings, or at any Special Meeting called for such purpose. This Corporation may also have such other officers or agents as the Board of Directors may deem necessary, who shall hold office at the pleasure of the Board of Directors and who shall have such authority and perform such duties as the Board of Directors may prescribe. Section 2. Board Chair The Board Chair shall be the chief executive officer of this Corporation, and shall chair the Board of Directors. The Board Chair shall have general and active management of the business affairs of the Corporation and shall see that all orders and resolutions of the Board are carried into effect. The Board Chair, except as the Board of Directors may from time to time otherwise provide by resolution, shall sign all contracts and other instruments in the ordinary business of this Corporation. The Board Chair may also execute such other obligations or instruments for and in the name of this Corporation as may be authorized from time to time by the Board of Directors. The Board Chair shall chair the Executive Committee and shall serve as an honorary member of all other committees. The Board Chair shall perform all such other duties as are incidental to the office or as are properly required by the Board of Directors. Section 3. Vice Chairs The First Vice Chair shall serve on the Executive and Finance Committees. The Second Vice Chair shall serve on the Policy and Bylaws Committee and shall serve as the Parliamentarian of the Corporation. Each Vice Chair shall have such other powers and discharge such other duties as may be assigned from time to time by the Board of Directors or the Board Chair. Section 4. Treasurer The Treasurer shall have general supervision over the care and custody of the funds and securities of this Corporation and shall deposit the same, or cause the same to be deposited, in the name of this Corporation in such financial institutions as the Board of Directors may designate. The Treasurer shall keep, or cause to be kept, full and accurate accounts of all receipts and disbursements of this Corporation. Whenever required by the Board of Directors, the Treasurer shall render, or cause to be rendered, financial statements of this Corporation. The Treasurer shall prepare, execute, and file any annual reports, or statements, which may be required by law. Section S. Secretary The Secretary shall keep the minutes and act as Secretary of all meetings of this Corporation and of the Board of Directors. The Secretary shall be the custodian of the corporate records and of the corporate seal, and shall when necessary affix the corporate seal to all documents on behalf of this Corporation, and when so affixed may attest the same. The Secretary shall assure that all notices are duly given for all meetings in accordance with the provisions of the Bylaws and keep a register of the mailing address, e-mail address and facsimile number, if any, of each member that is furnished to the Secretary by such member. The Secretary shall, in general, perform all duties usually incidental to the office of the Secretary and such other duties as may from time to time be assigned by the Board of Directors. Section 6. Parliamentarian The Second Vice Chair shall serve as Parliamentarian. The Parliamentarian shall become familiar with the Bylaws of the Corporation and with "Robert's Rules of Order" and any special rules adopted by the Corporation. The Parliamentarian shall rule on questions of order and procedure during the Annual Meeting of the General Members of the Corporation. Page 4 of 10 Vol. 1 a`1 Pg. atp Section 7. Compensation The officers of this Corporation shall receive such compensation, if any, as may be fixed from time to time by the Board of Directors. In no event, however, shall such compensation exceed that permitted by the Texas Non -Profit Corporation Act. Section 8. Bonds The Board of Directors shall have power to require any officer, agent, or employee of this Corporation to give bonds for the faithful discharge of assigned duties in such form and with such surety or sureties as the Board of Directors may deem advisable. Section 9. Negotiable Instruments All checks, drafts, bills of exchange, notes, or other obligations or order for the payment of money shall be signed in the name of this Corporation by such officer or officers, person or persons as the Board of Directors of this Corporation may from time to time designate by resolution. In the absence of such resolution by the Board of Directors, such instruments shall be signed by the Treasurer and countersigned by the Board Chair or the President of the Corporation. ARTICLE VII Indemnification Section 1. Indemnification This Corporation shall indemnify any person who was or is a party or who is threatened to be made a party to any action, suit, or proceeding (including appeals), whether civil, criminal, administrative, or investigative (other than an action by or in the right of this Corporation) by reason of the fact that the person is or was a director, officer, employee, or agent of this Corporation, against expenses (including attorneys' fees), judgments, fines, and amounts paid in connection with such action, suit, or proceeding if the person acted in good faith and in a manner he or she reasonably believed to be in or not opposed to the best interest of this Corporation, and, with respect to any criminal action or proceeding, had no reasonable cause to believe his or her conduct was unlawful. The termination of any action, suit, or proceeding by judgment, order, settlement, conviction, or upon a plea of nolo contendere, or its equivalent, shall not in itself, create a presumption that the person did not act in good faith and in a manner which he or she reasonably believed to be not opposed to the best interests of this Corporation nor, with respect to any criminal action or proceeding, that he or she had reasonable cause to believe that his or her conduct was unlawful. No indemnification shall, however, be made in respect of any claim, issue, or matter as to which such person shall have been adjudged to be liable for negligence or misconduct in the performance of his or her duty to this Corporation unless and only to the extent that the District Court, or the court in which such action or suit was brought, shall determine upon application that, despite the adjudication of liability, such person is fairly and reasonably entitled to indemnity for such expenses which the District Court or such other court shall deem proper. Any indemnification under this Article shall be made by this Corporation only as authorized in the specific case upon a determination that indemnification of the director, officer, employee, or agent is proper in the circumstances because he or she has met the applicable standard of conduct set forth in this Article. Such determination shall be made (a) by the Board of Directors by a majority vote of a quorum consisting of Directors who were not parties to such action, suit, or proceeding; or (b) if a quorum is not obtainable or even if such a quorum could be obtained but the Directors who were not parties to such action so direct, the determination may be made by independent legal counsel (who may be regular counsel to this Corporation but who shall not be an employee of this Corporation) in a written opinion, or (c) by a majority vote of a quorum of the General Members. Page 5 of 10 &6 Vol. t' � 9 Pg. Section 2. Expenses Expenses to be incurred in defending a civil or criminal action, suit, or proceeding may be paid by this Corporation in advance of the final disposition of such action, suit, or proceeding as authorized by the Board of Directors in the specific case if the Director, officer, employee, or agent agrees in writing to repay such amount if it shall ultimately be determined that he or she is not entitled to be indemnified by this Corporation. Further, to the extent that a Director, officer, employee, or agent of this Corporation has been successful on the merits or otherwise in defense of any action, suit, or proceeding referred to herein or in defense of any claim, issue, or matter therein, he or she shall be indemnified against expenses (including attorney's fees) actually and reasonably incurred in connection therewith. The indemnification provided by this Article shall apply to acts and transactions occurring heretofore or hereafter and shall not be deemed exclusive of any other rights to which those seeking indemnification are entitled under any statute, certificate, agreement, or otherwise, both as to action in such official capacity while holding such office, and shall continue as to a person who has ceased to be a Director, officer, employee, or agent and shall inure to the benefit of the heirs, executors, and administrators of such a person. Section 3. Indemnity by Members General Members shall indemnify and hold the Corporation and the other General Members of the Corporation harmless for all valid claims and damages arising as a result of its acts or omissions as a General Member of this Corporation caused by the General Member's sole negligence. A General Member shall not, however, be liable for damages arising from the negligence of any other General Member except for any proportionate part of such damages as were proximately caused by the General Members own negligence and on the express condition that timely notice shall have been given to that General Member. Section 4. Insurance This Corporation will attempt to purchase and maintain insurance on behalf of any person who is or was a Director, officer, employee, or agent of this Corporation against any liability asserted against and incurred by the person in any such capacity, or arising out of his or her status as such, whether or not this Corporation would have the power to indemnify him or her against such liability under the provisions of this Article VII. Section 5. Indemnity. General Members shall indemnify and hold the Corporation harmless from any and all damages incurred by the General Member, including special, indirect and consequential, or injuries to person or property, or loss of use caused by the acts or omissions of the Corporation in the performance of its duties, and General Members shall not institute or bring any suit, litigation or action of any kind against the corporation for damages or injuries, whether direct or otherwise, incurred by the General Member as a result of acts or omissions of the Corporation. ARTICLE VIII Seal of the Corporation This Corporation shall have a seal, and it shall be in such form as the Board of Directors may designate or approve. Page 6 of 10 Vol. t a6f Pg. 0 21.¢ ARTICLE IX Admission, Qualification, and Other Membership Rights Section 1. Qualification Membership in this Corporation shall be open to any entity who (a) has a recognizable interest in the furtherance of the purpose of this Corporation; and (b) has tendered for payment the fees or dues specified by the Board of Directors for the class of membership for which eligible. Section 2. Classification of Members The membership of this Corporation shall consist of the following: (a) General Member An individual, partnership, corporation, association, cooperative, public trust, governmental agency, municipal corporation, or any other owner, maintainer, or operator of lines, systems, or other facilities, and appurtenances thereto, located within the State of Texas used for producing, storing, conveying, transmitting, or distributing communications, electricity, power, light, heat, gas, oil, petroleum products, water, steam, sewerage, or other commodities or service who (1) has elected to participate in the notification center operated by this Corporation, or which this Corporation has caused to be in operation. (b) Sustaining Member An individual, partnership, corporation, association, or other entity, who also wishes to promote the purpose of the Corporation as specified in Article IV of the Articles of Incorporation of this Corporation and has paid any fee or compensation for this class of membership. (c) Other Classification of Members The Board may designate other classification of Members, as it may deem necessary. Section 3. Property Rights No Member of this Corporation shall have any right or interest in or to the property or assets of this Corporation; all property and assets of this Corporation shall be subject to the direction, control of, and expenditure by the Members and /or the Board of Directors of this Corporation in the manner and to the extent provided by the laws of the State of Texas; and should this Corporation be liquidated or dissolved or otherwise discontinue activity, the property and assets of this Corporation shall be distributed in accordance with provisions set forth in the Articles of Incorporation, if any, or as provided by law. All information and reports pertaining to the operation of the notification center, including locate request messages transmitted to the General Members of the corporation or their designees, is the property of the corporation and its General Members and may not be used by any other party for any reason without the express, written consent of the corporation. Section 4. Voting Only General Members of this Corporation shall be entitled to vote, in person or by proxy, at any Annual or Other Meeting of the members of this Corporation. Each general member of this Corporation shall be entitled to one (1) vote on all matters submitted, or required to be submitted, to the membership for each One Hundred Dollars ($100.00), or any portion thereof, paid in membership fees to this Corporation during the twelve (12) month period ending thirty (30) days prior to the date of such meeting. In any election of Directors, General Members may cast all of their votes for one candidate or may allocate their votes to candidates in any manner they desire. Sustaining Members may attend and participate in the Annual or Other Meetings of this Corporation but shall have no voting privileges at such meetings. Section 5. Marking, Notification and Other Action After the Notification Center has given a General Member proper notice of proposed excavation in the area of that General Member's underground facilities, the General Member will attempt, so far as is practicable, to do at least one of the following: Page 7 of 10 Vol. 19-1 pg 9 0 (a) Mark the location of its underground facilities in the area of the proposed excavation, or (b) Notify the excavator that the General Member has no facilities in the area, or (c) Take such other action, as it deems necessary to protect its facilities. Section 6. Notice to Excavate General Members shall so far as practicable: (a) Give statutory notice of its proposed excavation to the Notification Center, and (b) Endeavor to require its contractors to give statutory notice of any proposed excavation for said General Member. In accordance with Utilities Code Title 5, Chapter 251, the notice provided for in this section shall be given not earlier than the 14"' day before the date the excavation is to begin or later than the 48 hour before the time the excavation is to begin, excluding Saturdays, Sundays and legal holidays. The General Member, however, reserves the right when the General Member, in its sole judgment, determines that an emergency exists that endangers life, health, or property or when necessary in the General Members' sole judgment to restore service to a customer, to begin excavation operations immediately, notifying the Notification Center of such excavation operations as promptly as possible. Section 7. Facilities Information The General Member shall be responsible for furnishing such information concerning its underground facilities to this Corporation as may be reasonably required for the operation to the Notification Center. The General Members shall be required to install a TESS- compatible telecommunications device to receive notifications. The Notification Center shall be responsible for notifying the General Member of calls or messages that it has received concerning proposed excavation and shall carry insurance to pay for damages arising from operation of the Notification Center. Section 8. Membership Agreements Membership Agreements are made pursuant to and shall be governed by the laws of the State of Texas applicable to agreements made and to be entirely performed within Texas. In the event that any provision of a Membership Agreement shall be held to be invalid or unenforceable, the remainder of the Membership Agreement, other than that which is held invalid or unenforceable, shall not be affected thereby. The term Membership Agreement as used herein shall include the Application for Membership, these Bylaws, and the Articles of Incorporation of the Corporation. Section 9. Applications for Membership Applications for the various classifications of membership shall be subject to such conditions and on forms as may be required by the Board of Directors. The Corporate Secretary or an officer designated by the Board of Directors shall process the applications for membership. If the Corporate Secretary or the designated officer determines that the applicant is eligible for the membership requested, and the Board of Directors has approved the fee schedule of the application, a Certificate of Membership shall be prepared and sent to such Member. If the membership application is not approved, the applicant may request, in writing, that the Board of Directors at its next Regular Meeting determine if the applicant should be admitted as a General Member. Section 10. Charter Member's Prepayment Charter Members are General Members who have provided the Corporation any prepayment funds to assist in the formation of the Corporation prior to January 7, 1986. The Corporation will apply prepayment funds to satisfy the amount of any fee or assessment hereunder until the full amount of such prepayment has been offset, at a rate and time to be determined by the Corporation's Board of Directors. Page 8 of 10 Vol. I aI Pg. 3 & &' ARTICLE X Fees, Assessments, and Conditions of Membership Section 1. Fees. Dues. and Assessments Members must pay all fees and dues specified by the Board of Directors, for the operation of the Notification Center and the Corporation during the term of its membership agreement General Members are required to pay to the corporation any per- message fee as set by the Board of Directors for all locate request messages that include a reference to that General Member, because of the Member's facility location. The Board of Directors in its sole discretion shall determine per - message fees and /or refunds, if any, of per- message fees as the Board of Directors deems to be appropriate. Assessments other than regular dues and fees shall only be made by a majority vote of the General Members of the Corporation. The obligation to pay any fees, dues, and assessments as provided for in this Article is a mutual obligation of the Members that may be enforced by either the Corporation or any other General Member. Section 2. Suspension or Termination of Membership and Survival of Obligations Any Member of the Corporation that fails to pay any fees or assessments as they become due or is found to have flagrantly violated the rules and regulations of its membership agreement is subject to suspension or termination of its membership by a majority vote of the Board of Directors providing the Board of Directors of the Corporation have given the Member thirty (30) days' written notice and the matter has not been corrected within that period. A member of the Corporation may terminate its membership only by giving thirty (30) days' written notice to the Corporation in accordance with the provision of these Bylaws, delivered by registered or certified mail, proper postage attached thereto, to the Secretary of this Corporation. Section 3. Obligations After Suspension or Termination No suspension or termination of membership shall discharge the General Member of any other obligation under the Membership Agreement including, but not limited to, the obligation to pay all fees and assessments by the Corporation which shall be incurred or arise (or the circumstances, events, or basis of which shall occur or arise) prior to such termination, whether the same be known or unknown at the time of such termination. Section 4. Amendment of Article X ._ If any material provision of this Article X is amended, it may be accepted or rejected by any General Member that voted against said amendment within sixty (60) days of the date the amendment passed. Failure to give written notice of rejection of any such amendment within sixty (60) days from the date of passage will be considered to be acceptance of the amendment and modification of each General Member's Membership Agreement. If notice is given by a General Member of refusal to accept such material amendment, then it may, within thirty (30) days, terminate its membership by giving written notice of termination to the Corporation. Any such termination shall not relieve the member of the obligation to pay its fees, dues, and assessments prior to the date of such termination. Page 9 of 10 VOI.----- °- Pg.s- ARTICLE XI Amendment of Bylaws These Bylaws may be altered or amended, repealed, or new Bylaws adopted by a majority vote of the General Membership of the Corporation at a meeting of the membership provided previous written notice has been given, and copies of the proposed amendments have been sent by mail to the General Membership. ARTICLE XII Governing Rules of the Organization The rules contained in Robert's Rules of Order (Current Edition) shall govern this organization in all cases to which they are applicable, and in which they are not inconsistent with these Bylaws and any special rules of order that this organization may adopt. Page 10 of 10 G} Q 7D Vol. � °�" 1 Pg. MEMORANDUM OF AGREEMENT TEXkS UNIVERSITY and BRAZOSCOUNTY This Agreement ( "Agreement'), is effective October 1, 2009, by and between TEXAS A &M UNIVERSITY, (hereafter "TAMU "), a member of The Texas A &M University System, an agency of the State of Texas, for the benefit of Easterwood Airport, and BRAZOS COUNTY, TEXAS ( "COUNTY "), a political subdivision of the State of Texas. WHEREAS, TAMU provides the services necessary to enable local citizens to travel by private aircraft or scheduled commercial airliner, and maintains and operates the facilities at Easterwood Airport, including but not limited to the terminal, runway and all associated safety facilities and functions, for general and commercial aviation; and WHEREAS, pursuant to the TEXAS TRANSPORTATION CODE Chapter 22, the COUNTY recognizes that improving, equipping, maintaining, operating, regulating, protecting, and policing an airport is a governmental function exercised for a public purpose and that Easterwood Airport provides a public service to the COUNTY, THEREFORE, in consideration of the mutual rights, obligations and covenants contained herein, TAMU and COUNTY agree as follows: SECTION I TERM OF AGREEMENT 1.01 The term of this Agreement is from October 1, 2009 through September 30, 2010. SECTION II PAYMENT 2.01 COUNTY, for and in consideration of the services to be provided to COUNTY, agrees to pay to TAMU a flat fee of FIFTY EIGHT THOUSAND SEVEN HUNDRED SIXTY EIGHT AND 25/100 DOLLARS ($58,768.25) as a contribution to the cost of Aircraft Rescue and Fire Fighting ( "ARFF ") coverage on Easterwood Airport. COUNTY will pay out of current Pmpved by Office oFGee ml C uvel A F Agreecaw L,O H. 2000A00051 B Vol. ' Pg. 209 -EDG revenues, the full amount due within thirty (30) calendar days of receiving an invoice from - TAMU. `_ 2.02 TAMU acknowledges the fee fairly compensates it for the services and functions it is to provide pursuant to this Agreement. SECTION III TERMINATION 3.01 TAMU or COUNTY may unilaterally terminate this Agreement, at any time and for any reason, by giving the other sixty (60) calendar days prior written notice delivered pursuant to Section 4.01 of this Agreement. SECTION IV NOTICES 4.01 Notices required under this Agreement must be given by certified mail, registered mail, or personal delivery, addressed to the parties listed below. TAMU and/or COUNTY can change this notice address by sending to the other party a notice of the new address. Notices are addressed as follows: TAMU: Texas A &M University Department of Contract Administration 1182 TAMU College Station, Texas 77843 -1182 (979) 845 -0099 (Telephone) COUNTY: Brazos County County Judge 200 S. Texas Avenue Suite 310 Bryan, Texas 77803 (979) 361 -4102 (Telephone) Notices transmitted by United States mail or commercial mail courier shall be deemed completed upon deposit in the United States mail or with the commercial carrier. 2 ^ ^ PreperrL by Offa o AKFF A Counsel / (/ AR A WSIS Isgsl Files 20D0-0000518 Vol. _____� Pg' 1/23/�EDG SECTION V - MISCELLANEOUS 5.01 Contractual Agreement TAMU and COUNTY expressly acknowledge this Agreement is intended and should be construed as a contract by and between TAMU and COUNTY. Nothing in this Agreement is intended to create an agency relationship, partnership, joint venture, or any other such relationship. 5.02 Severability Failure by TAMU or COUNTY to insist on strict performance of any requirement of this Agreement will not be construed as a waiver or relinquishment of such requirement in future instances, but such requirement will continue and remain in full force and effect. 5.03 Appropriation of Funds All obligations of TAMU are subject to the appropriation of sufficient funds for such obligations by the Legislature of the State of Texas. Failure by the Legislature to appropriate funds to TAMU sufficient to continue to perform under this Agreement relieves TAMU from the obligation to perform during the period of nonappropriation. All obligations of the COUNTY are subject to appropriation of sufficient funds for its obligations by the Brazos County Commissioners Court. Failure by the Commissioners Court to appropriate funds to continue performance under this Agreement relieves COUNTY from the obligation to perform during the period of nonappropriation. 5.04 Successors and Assigns This Agreement is binding upon TAMU and COUNTY and their respective successors in office or interest and assigns. This section is not to be construed as authorizing assignment by TAMU or COUNTY without the express written consent of the other party. 5.05 State A eg ncY COUNTY expressly understands TAMU is an agency of the State of Texas, and nothing in this Agreement is intended to be, or should be construed as a waiver or relinquishment by TAMU of its rights to claim such exemptions, privileges and immunities as provided by law. TAMU expressly understands that COUNTY is a political subdivision of the State of Texas and that nothing in this Agreement constitutes as express waiver of governmental immunity from liability or lawsuit. 5.06 Governing Law This Agreement is construed under and in accordance with the laws of the State of Texas and is performable in Brazos County, Texas. In addition, by statue, 3 Preps d by Office of Oened Counml les Ag amens Legal Files 2000-(1000518 1121/09 -EDO Pg Vol. �- a --- -- mandatory venue for all legal proceedings against TAMU is to be in the county in which the principal - office of the goveming officer is located. 5.07 Dispute Resolution Any dispute between COUNTY and TAMU regarding this Agreement will be governed by Alternative Dispute Resolution for Use by Governmental Bodies, TExAs GOVERNMENT CODE, Chapter 2009, and any applicable Model Rules promulgated by the Office of the Attorney General and/or the State Office of Administrative Hearing of the State of Texas that is applicable to both of the parties. Any notice of dispute tendered by COUNTY should be addressed to the University Contracts Officer of TAMU. Any notice of dispute tendered by TAMU should be addressed to the Brazos County Judge of Brazos County. 5.08 Amendment or Modification This Agreement may be modified or amended in writing by the mutual consent of the parties with such modification attached to and incorporated into this Agreement by this reference for all purposes. 5.09 Information Furnished By Recipient No later than thirty (30) days prior to the end of the Agreement term or any renewal anniversary date, TAMU shall furnish to COUNTY's Auditor documentation establishing the use of funds received by TAMU from the COUNTY as a result of this Agreement. TAMU will cooperate in the provision of all necessary or relevant information requested by COUNTY's Auditor to properly account for all funds provided by COUNTY and expended or received by TAMU as a result of this Agreement. EXECUTED in duplicate originals, each of which shall be of full legal force and effect as a singular original, this $D day of Owcw*yr, 2009. 11 T'A TEXAS A &M UNIVERSITY By: I PHILLIP A. RA Authorized Representative University Contracts Officer 4 Pm .,rtd by Of i. ofCxeenl Counsel 9,77 l.W A0=519 Legal Files 1900.0000518 1123109 -FDG Vol. � 02- Pg. APPROVED q _IE D. GOSE, J.D. Xsststant General Counsel Office of General Counsel The Texas A &M University System EXECUTED in duplicate originals, each of which shall be of full legal force and effect as a singular original, this day of DU1 2009. ATTEST: KAREN MCQUEEN Brazos County Clerk TO Civil Division *By law, Brazos County Civil Division counsel may only advise or approve contracts or legal documents on behalf of its clients. It may not advise or approve a contract or legal document on behalf of other parties. Our review of this document was conducted solely from the legal perspective of our client. Our approval of this document as to form was offered solely for the benefit of our client. Other parties should not rely on this approval, and should seek review and approval by their own respective attorney(s). PmpvW by Office dG..1 C. .I ARFF Ag.. m L.pI Fikc 2000- 0000518 12/09 -MG VOI. i d Pg. a "COUNTY" STATE OF TEXAS § COUNTY OF BRAZOS § BEFORE ME, the undersigned authority a Notary Public in and for the State of Texas, on this day personally appeared PHILLIP A. RAY, University Contracts Officer, Texas A &M University, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he is authorized by Texas A &M University to sign on its behalf and that he executed for the purposes and consideration therein expressed and in the capacity therein stated. h GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of Nrwcmber , A.D. 2009. LINDY M. BEASLEY Nowt PWft ft" of Tom IS JULY 21, III CWAWW E *W ' NOTARY WITHOUT BOND STATE OF TEXAS COUNTY OF BRAZOS Notary Put ic, State of Texas My Commission Expires:j [w I I To I BEFORE ME, the undersigned authority a Notary Public in and for the State of Texas, on this day personally appeared RANDY SIMS, County Judge, Brazos County, Texas, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of r , A.D. 2009. ()&- 4 Notary Public, State of Texas v My Commission Expires: �z[[ 11' CA Vol. °�' ( Pg. a 7 lL P,.p.d by ORcc ofC...I Counsel A Agive w Legal Film 2000.0000518 11/23/0 -1D -#/ Records Management Policy Brazos County Texas Prepared By: Brazos County Records Management Version 1.0 12/02/2009 Vol. I °21 Pg• 02 Table of Contents 1.0 Purpose .............................................................................. ..............................2 2.0 Scope ................................................................................ ............................... 2 3.0 Roles and Responsibilities ................................................ ............................... 2 3.1 Manager, Records Management ..................................................... ..............................2 3.2 Department Heads ........................................................................ ..............................4 3.3 Records Custodians ....................................................................... ..............................4 3.4 County Employees, Contractors, Agents ......................................... ..............................5 4 .0 Ownership of Records ....................................................... ............................... 5 5.0 Security .............................................................................. ..............................5 6.0 Records Lifecycle Management ......................................... ............................... 6 6 .1 Creation and Capture .................................................................... ..............................6 6 .2 Use and Access ............................................................................. ..............................6 6 .3 Storage ........................................................................................ ..............................6 6 .4 Retention ..................................................................................... ..............................7 6 .5 Final Disposition ............................................................................ ..............................7 7 .0 Compliance ....................................................................... ............................... 8 8.0 Policy Amendment ............................................................. ..............................8 9.0 Glossary ............................................................................ ............................... 8 Vol. — Pg. 1.0 Purpose The Brazos County Texas (the County) Records Management Policy (Policy) establishes the framework of rules and guidelines for handling all of the County's records throughout their lifecycle, including creation, access, use, storage, retention, and disposition. This Policy ensures the satisfaction of legal obligations, regulatory requirements, and operational needs for records and their retention by establishing consistent and accountable recordkeeping practices throughout the County. 2.0 Scope • This Policy and subsequent policies, procedures, and standards adopted under the Records Management Program apply to: • All records created or received in the transaction of the County's business or in the fulfillment of legal obligations, regardless of media or format (e.g., electronic, e-mail, imaged, paper, etc.). • All employees, contractors, and agents, who create, receive, manage, or use County records in the course and scope of their duties. • All appointed officials and elected officials who choose to participate in the County Records Management Program. • All physical locations where records are maintained, including firms and individuals acting as agents of the County. • This Policy is established and maintained by the Records Management Department and supersedes all previous records management policies, procedures, or standards intended to apply to the subject matter of this Policy. 3.0 Roles and Responsibilities 3.1 Manager, Records Management • Manager, Records Management is the senior records official of the County's Records Management Program and is responsible for: • Overseeing the management of the County's Records Management Programs and ensuring resources are available to assist department heads and elected officials in its implementation; • Overseeing the planning, formulation of, and prescribing of records policies, systems, standards, and procedures for all County departments; • Overseeing the operations of the County Records Management Department; Vol. '_— �'__— Pg• d27GI • Overseeing that the maintenance, preservation, imaging, microfilming, destruction, or other • disposition of County Records is carried out in accordance with the policies and procedures of the Records Management Program and the requirements of Texas Law; and • Creating and maintaining management and statistical reports on all aspects of the County's Records Management Program; • Establishing and developing policies and procedures for a records management program for the County; • Implementation of the records management program and providing assistance to custodians for the purposes of reducing the costs and improving the efficiency of recordkeeping; • Monitoring Records Retention Schedules and administrative rules issued by the Texas State Library and Archives Commission to determine if the Records Management Program and the County's Records Control Schedules are in compliance with state regulations; • In cooperation with custodians, identifying and taking adequate steps to preserve Brazos County records that are of permanent value; • In cooperation with custodians, identifying and taking adequate steps to protect essential Brazos County records; • In cooperation with custodians, ensuring that the maintenance, preservation, microfilming, destruction, or other disposition of County Records is carried out in accordance with the policies and procedures of the Records Management Program and the requirements of Texas Law; • In cooperation with the custodians of the records: (A) prepare and file with the director and librarian the records control schedules and amended schedules required by Section 203.041 of the Texas Local Government Code, as amended, and the list of obsolete records as provided by Section 203.044; and (B) prepare or direct the preparation of requests for authorization to destroy records not on an approved control schedule as provided by Section 203.045 of the Texas Local Government Code, as amended, of requests to destroy the originals of permanent records that have been microfilmed as provided by Section 204.008, and of electronic storage authorization requests as provided by Section 205.007. • Instructing and training Records Liaison Officers or other personnel in policies and procedures of the Records Management Program and their duties in the Records Management Program and the requirements of Texas law; • Collaborating with Records Liaison Officers or other personnel in the conduct of records inventories in preparation for the development and /or update of Records Control Schedules and the requirements of Texas law; • Acting as the Records Custodian for those records for which the office of origin cannot be determined and also for records of defunct offices unless the records have been transferred to the custody of another County office; 0 L' VOI. _ - P& • Disseminating to the governing body and custodians information concerning state laws, administrative rules, and the policies of the government relating to local government records; and • In cooperation with custodians, establishing procedures to ensure that the handling of records in any context of the records management program by the records management officer or those under the officer's authority is carried out with due regard for: (A) the duties and responsibilities of custodians that may be imposed by law; and (B) the confidentiality of information in records to which access is restricted by law. 3.2 Department Heads • Department Heads are responsible for: • Designation of Records Custodian; • Designation of Custodians of Public Records and/or Officers for Public Information for their offices to comply with Public Information Act requests, subpoenas, and other requirements to verify the validity of the records for their offices; • Cooperating with the Records Manager in carrying out the policies and procedures established for the efficient and economical management of County records; • Maintaining the records in his or her care and carrying out their arrangement, description, preservation, (including, if necessary their microfilming or electronic copying), and disposition only in accordance with the policies and procedures of the Records Management Program of the County and the Texas Local Government Records Act. 3.3 Records Custodians • Records Custodians are designated by their Department Heads, and are responsible for implementation of the Records Management Program within their departments. Records Liaison Officers are responsible for: • Assisting the County Records Management Officer in the development of Records Control Schedules; • Coordinating and implementing, in cooperation with the Records Manager and the Department Head, the policies and procedures of the Records Management Program in their department; and • Disseminating information to department staff concerning the Records Management Program. Vol. r ft o� 3.4 County Employees, Contractors, Agents • All County employees, contractors and agents have a responsibility to comply with records management policies and procedures and relevant laws and regulations. Specific responsibilities include: • Creating, receiving, and managing records as part of their daily work according to established policies and procedures; Evaluating paper and electronic records to determine their appropriate classification and storage requirements; and • Disposing of records according to established records management policies and procedures. 4.0 Ownership of Records All Brazos County records, documents, and information regardless of physical form and regardless of whether public access is open or restricted are hereby declared to be public property with title vested in Brazos County. No County official or employee has by virtue of his or her position any personal or property rights to them even though he or she may have developed or compiled them. Brazos County forbids the unauthorized destruction, removal, or use of its records and information. Original, non - public access documents or records require the express written permission of the Records Manager to be removed permanently or temporarily from County premises. The County reserves the right to access and review the content of any records or information created, stored, transmitted or received using County computers or other County resources except as provided by law, employees should not expect any right to privacy with respect to such records. 5.0 Security Department Head is responsible for insuring that all items scheduled for destruction are audited for compliance to the retention schedules. • Department Head is responsible for insuring that all documents, public or non - public are secure from unauthorized access or removal and environmental exposure. • Information Technology Department is required to comply with Texas State Library Commission and Archive's Schedule B, Electronic Records Standards and Procedures for the accurate and secure storage of electronic records. • Brazos County forbids the unauthorized destruction, removal, or use of its records and information. • Original, non - public access documents or records require the express written permission of the Records Manager to be removed permanently or temporarily from County premises. Vol. I cg- I 99 6.0 Records Lifecycle Management 6.1 Creation and Capture Records provide documentation of governmental business transactions, decisions, operations, and other official activities. The latest, complete, and final version of a record constitutes an Official Record. All drafts, duplicates, and convenience copies are Transitory Records to be retained as long as they are of administrative value or as otherwise required by law, regulation, or this policy. All records should be created and composed in a professional and concise manner using appropriate language and facts. Employees, contractors, and agents are expected to capture and retain County records in an approved recordkeeping system. 6.2 Use and Access Public records must be available both for business purposes and, except as where otherwise provided for by law, accessible to the public to comply with our society's commitment that the people have complete information about the affairs of government and the official acts of public officials and employees. All County employees, contractors, and agents must take reasonable steps to protect the security of records and information and to prevent unauthorized access to those documents excepted from disclosure by the Public Information Act or made confidential by other law or regulation. They must behave ethically in relation to their privileged access to information. • Misappropriation of records, or giving access to another person who is not authorized, is strictly prohibited. Records within a given department may be accessed for operational purposes only by employees designated by the Department Head. Access to others may be granted by the Department Head, based on the business need. • The County Records Manager has access, to the extent allowed by law, to all records. 6.3 Storage • Records are considered active while they relate to current or in- process activities and are referenced regularly; records become inactive when the activities they refer to are closed or completed or they are no longer referenced regularly. Active records must be stored in an approved recordkeeping system (whether manual or electronic). • Active records must be reviewed regularly to dispose of records that have no administrative value and move inactive records to inactive storage, flagged for destruction review or preservation as historical records. • Inactive records must be stored to ensure their protection, usability, and integrity for the period of time prescribed in the Records Control Schedule(s). Records must be stored on County premises or in an approved off -site storage facility. Storage facilities, whether on- site or off -site, must protect records from environmental or other physical harm and from unauthorized access. 6.4 Retention • The County Records Control Schedule(s) are the only retention policies authorized for County use. The Records Control Schedule(s) identify and describe Official Records of the County and specify how long each record must be retained based on its operational, legal, or historical value to the County, along with the two exceptions below. The first exception is a destruction hold, which is an order to preserve and protect records during or in anticipation of litigation, investigation, inspection, or audit. The duty to preserve records subject to destruction hold supersedes the scheduled retention and destruction of records. Under a hold order all records including records that have no administrative value may be retained for longer than the period prescribed in the Records Control Schedule(s) and may not be destroyed, even if otherwise eligible, until the hold order is lifted. The second exception is an expunction order which is a court order that requires the destruction of all case files, offense reports, investigations, and other records relating to a criminal case. Upon receipt of an expunction order it becomes the duty of every recipient to comply with the instructions of the court, typically destroying or returning the case files to the court, obliterating names in dockets and indexes, deleting electronic files and otherwise destroying or altering records associated with the case to protect the identity of the accused. 6.5 Final Disposition • When Official Records have been retained for their full retention period and are no longer subject to any destruction hold, they must be properly disposed, according to procedures outlined by the Records Manager. As outlined in Texas State Library and Archive Commission schedules; the originals of records listed in this schedule may be disposed of prior to the expiration of the stated minimum retention period if they have been microfilmed or electronically stored pursuant to the provisions of the Local Government Code, Chapter 204 or Chapter 205. Any records being held as a duplicate as a result of electronic storage will be regularly and strongly scrutinized and will be subject to final disposition at the direction and discretion of the Records Manager. Any remaining Transitory Records that have no administrative value should be destroyed at this time. Department heads at their discretion may authorize retention of Transitory Records for reference purposes provided that such copies do not violate the privacy of citizens or compromise the interests of Brazos County. Departments shall categorize such documents under the appropriate category established for reference documents, along with an appropriate retention period. However, any records being held past their retention requirement will be regularly and strongly scrutinized and will be subject to final disposition at the direction and discretion of the Records Manager. • Premature destruction of Official Records is expressly prohibited. Destruction of confidential Official Records should be carried out only in accordance with the confidential destruction procedures outlined in Section 202.003 of the Local Government Code. Vol. 1 a-9 7 pg. Oq 7.0 Compliance • Each County department is responsible for implementing this Policy and ensuring ongoing compliance with it, the Records Control Schedule(s), and any related procedures or guidelines issued by the Records Management Department. • Departments are required to demonstrate their compliance annually and are subject to internal audit of their recordkeeping practices. • Violation of this Policy may result in disciplinary action, up to and including termination of employment and the possibility of civil or criminal liability. 8.0 Policy Amendment • This Policy is subject to change and will be reviewed annually to determine changes in legal, regulatory, or operational requirements for records management and retention. Any deviation from this Policy requires the approval of the Records Manager and the Commissioner's Court. 9.0 Glossary • The following definitions shall apply in the application of this Program. • "Archives" shall mean that section of the County's Records Management program to which permanent records no longer needed for the operational needs of the creating department are transferred to for preservation and public access. • "Custodian of Public Records" shall mean the Records Custodian or the person appointed by the Department Head to receive and process such requests as subpoenas and to verify the validity of records produced in response to such a request. • "Department Head" shall mean any officer who is in charge of a department of Brazos County that creates or receives records. • "Essential Record" shall mean any record necessary to the resumption or continuation of operations of Brazos County in an emergency or disaster, to the re- creation of the legal and financial status of Brazos County, or the protection and fulfillment of obligations to the people of Texas. • "Records Manager" shall mean the individual designated by Appointment from the Brazos County Commissioners" Court. • "Official Record" shall mean the latest, complete, and final version of a record. • "Permanent Record" shall mean any record of Brazos County for which the retention on the approved Records Control schedule is given as "permanent." • "Records" shall mean all documents, papers, letters, books, maps, photographs, sound or video recordings, microfilm, magnetic tape, electronic media, and other information Vol. 1 I $ �.�5 recording media, regardless of physical form or characteristics and regardless of whether public access is open or restricted under the laws of the state of Texas, created or received by Brazos County or any of its officers or employees pursuant to law or in the transaction of public business. It does not include blank forms, stocks of publications, reference material, or correspondence and messages of a personal or professional nature than an employee or official may keep at his or her offices that do not document public business. • "Records Custodian" shall mean the individual designated who is in charge of a Brazos County office that creates or receives Brazos County records. "Records Control Schedule" shall mean a document prepared by or under the authority of the Records Management Officer listing the records maintained by Brazos County, their retention periods in accordance of the Texas Local Government Records Act. TEX. LOC. GO'S Code §§ 203.001 etseq., as amended, and other records disposition information that the records management program may require. • "Retention period" shall mean the minimum time that must pass after the creation, recording, or receipt of a record, or the fulfillment of certain actions associated with a record, before it is eligible for destruction. "Records of no administrative value" shall mean all preliminary drafts, duplicates, and convenience copies. • "Transitory Record" shall mean all preliminary drafts, duplicates, and convenience copies of records. PASSED AND APPROVED THIS l y DAY„OF 20 �04 Aandy Sims County Judge Com issioner Lloyd Wassermann Precinct 1 Commissioner K n Mallard Precinct ATTEST: aren McQueen, ou Clerk Commissioner Duane Peters Vol. - -Lj.9.-- Pg. o28�P CLEANING SERVICES AGREEMENT THIS CLEANING SERVICES AGREEMENT ( "Agreement ") is entered into between Brazos County, a political subdivision of the State of Texas ( "County") and U 11 fo,,,,,ko a Texas Corporation doing business in the State of Texas ( "Contractor "). Background: A. The County is of the opinion that the Contractor has the necessary qualifications, experience and abilities to provide services to the County. B. The Contractor is agreeable to providing such services to the County on the terms and conditions set out in this Agreement. IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the parties to this Agreement agree as follows: Services Provided. The County hereby agrees to engage the Contractor to provide the County with services each week consisting of the specifications and prices attached in Exhibit "A" attached hereto. Back up Staff. The Contractor shall maintain and show evidence satisfactory to Brazos County of an adequate back up labor force and supervisory staff to be able to immediately assist the property in case of flood, fire, hurricane, natural or man-made disasters or any other emergency. A program for the initiation of such back -up, i.e., responding to the aforementioned emergencies, is to be developed and in place in accordance with the approval of Brazos County. Addition/Modification of Locations or Services. The county reserves the right to add locations as these additional locations may be required. Locations to be added may include, but not limited to, expansions or additions to existing facilities and acquisition or construction of new properties. In the event that the County makes significant structural changes to an existing facility that impacts the contractor's cost in providing the janitorial service anticipated by this contract such change may be treated as a new facility and the procedures provided for in this section may be followed in determining an appropriate price. Calculating the cost per square foot for the existing service and applying it to the areas subject to adjustment may be used to determine incremental adjustments in cost due to expansions or contractions of existing facilities. In the event the areas added or subtracted are not comparable in service need to the existing areas covered under the Qle Services Agreement n p Vol. l Page 1 of ft � pq0 —1 agreement an appropriate adjustment may be made with the approval of the Commissioner's Court. In the event the County wishes to add other locations to a group under the Contract, a quotation will be solicited from the incumbent contractor, in good standing for the group in which the new location is appropriately situated. The contractor must submit to Brazos County a list of at least three emergency telephone numbers of management level supervisory personnel, other than the local branch office number or answering service, who are authorized to dispatch backup working crews in the event of a request by Brazos County. The Contractor will update these emergency numbers immediately as required throughout the term of this service contract. Termination of Particular Locations. In the event the County shall sell, vacate, abandon, or otherwise dispose or terminate a location to which the contract applies, all existing contracts or agreements or services applicable to such location, the portion of this contract that applies to such locations is so terminated. All remaining portions of the contract will remain intact. The County will endeavor to give the Contractor written notice of such Termination of locations a minimum of thirty (30) days in advance. Term of Agreement. The term of this agreement will be for twelve (12) months beginning October 1, 2009 and shall terminate on September 30, 2010. The parties are hereby given one (2) option to renew this Agreement for a period of one (1) year, to follow consecutively upon expiration of the term hereof and of any renewal period, upon the same terms and conditions contained herein. Any changes in the terms or conditions will necessitate the initiation of a new Agreement. Invoices and Payments. Payments to vendors will not be made if the vendor cannot produce a Brazos County Purchase Order. Offerors shall submit an original invoice on each purchase order or purchase release after each delivery, indicating the purchase order number. Invoices must be itemized. Any invoice, which cannot be verified by the contract price and/or is otherwise incorrect, shall be corrected by the vendor. When multiple deliveries and/or services are required, the offeror may invoice following each delivery or performance of service and the County will pay on invoice. Contracts providing for a monthly charge will be billed and paid on a monthly basis only. The vendor will provide an invoice for each month in which the County is responsible for payment, during the duration of the contract. Prior to any and all payments made for goods and/or services provided under this contract, the offeror should provide his Taxpayer Identification Number or social security number as applicable. This information must be on file with the Brazos County Auditor's office. Failure to provide this information may result in a delay in payment and/or back -up withholding as required by the Internal Revenue Service. Clean ServicesAgreement ¢(y Vol. � Page 2 of 6 Pg. p2 O 0 Payment will be made within thirty days after receipt of invoice sent by Cleaning Services to County. 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. POLICY REQUIREMENTS FOR CERTIFICATE OF INSURANCE CONTRACTOR'S INSURANCE The ContractorNendor, before starting work for Brazos County, must furnish the County a Certificate of Insurance or other acceptable evidence from a reputable insurance company or companies with an A.M. Best Rating of A (such companies to be acceptable to the County) licensed to write insurance in the state of Texas, showing that the Contract is covered by the insurance as follows: (1) Statutory Workers Compensation Insurance with Employers Liability Insurance in the amount of $1,000,000. In the event any work is sublet, the Contractor shall require the subcontractor similarly to provide the'same coverage and shall himself acquire evidence of such coverage on behalf of the subcontractor. Waiver of Subrogation is required. (2) Commercial General Liability Insurance with a $ 500,000 Combined Single Limit. The policy shall be on the Comprehensive General Liability 1986/90 occurrence form, and shall include coverage for acts of independent contractors, and shall name Brazos County as an additional insured. Waiver of subrogation is required. No claims made policies are acceptable without prior approval by the Commissioners Court/Risk Management. (3) Automobile Public Liability Insurance with a $ 500,000 Combined Single Limit, in all self - propelled vehicles used in connection with the contract, whether owned, non -owned or hired. Waiver of subrogation is required The Certificate of Insurance furnished to the County shall contain a provision that coverage under such policies shall not be canceled or materially changed until at least 30 days prior written notice has been given to Brazos County Limitations. The parties are aware that there are constitutional and statutory limitations on the authority of the County to enter into certain terms and conditions of the Agreement, including, but not limited to, authorizations of the placement of liens on County property; disclaimers and limitations of warranties; disclaimers and limitations of liability for damages; waivers, disclaimers and limitations of legal rights, remedies, Cleaning Services Agreement Page 3 of 6 Vol. I�_ pg ate_ 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 the County except to the extent authorized by the laws and Constitution of the State of Texas. Coverages/Wages. Nothing in this Agreement shall be construed as making the County responsible for the payment of compensation and/or any benefits for Contractor including health, property, motor vehicle, workers' compensation, disability, death, and dismemberment insurance for the Contractor's employees and/or equipment. Nothing in the Agreement shall be construed as making the County responsible for wages, materials, logistical support, equipment, and related travel expenses incurred by the Contractor. Sovereign Immunity. The parties understand that the County does not waive or relinquish any immunity or defense on behalf of itself, officers, employees, agents, and volunteers as a result of its execution of this Agreement and the performance of the covenants contained herein. Further, the County is not responsible for any civil liability that arises from any act or omission made within the course and scope of this Agreement. The Parties understand and agree that the County does not assume civil liability under any theory of law for the actions of the Contractor in providing services hereunder. Hold Harmless/Indemnity. Contractor hereby agrees to hold County, its officers, agents, servants, and employees harmless and shall indemnify the County from any loss, damage, injury or claim arising from any negligent act arising as a result of its operations. Termination. This Agreement may be terminated by either party upon thirty (30) days written notice. Such notice shall be mailed return receipt requested to the non - terminating party at the addresses listed below. Notices. Notices shall be mailed to the addresses designated herein or as may be designated in writing by the parties from time to time and shall be deemed received when sent postage prepaid U.S. Mail to the following addresses: Brazos County, Texas Randy Sims, Brazos County Judge 200 South Texas Avenue, Suite 332 Bryan, Texas 77803 Contractor: Sales Contact: �j Billing Info: 110`..C.It SOrwca CR'PMSf�'on w !?�Ar� Po Sox I11'11 CeLI« a sl-wh- Tx 77 8 V L Cleaning Services Agreement Vol. I ra Page 4 of 6 p a Assignability. This agreement may not be assigned without the prior written permission of the County. Venue and Governing Law. 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 County shall be in Brazos County. Fiscal Funding Clause. Notwithstanding any provisions contained herein, the obligations of the County are expressly contingent upon the availability of funding for the obligations contained herein for the term of the Agreement and any extensions thereto. Waivers. No waiver by either party hereto of any term or condition of this Agreement shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. Entire Agreement. This Agreement represents the entire and integrated agreement between the County and the Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement may only be amended by written instrument approved and executed by the parties. Severability. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court of competent jurisdiction finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it may become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. Availability and Retention of Records. All records relating to the service provided under this contract and supporting documentation for invoices submitted to Brazos County by the Vendor shall be retained and made available by the vendor for audit by Brazos County, it duly authorized representatives, the State of Texas (including, but not limited to the Auditor of the State of Texas, Inspector General or duly appointed law enforcement officials) and agencies of the United States Government. Such records shall be returned by Vendor and made available for any time period required by state or federal law. If changes occur in the governing state or federal law, regarding retention records, Vendor shall comply with such changes. If an audit is initiated before the expiration of such time periods required by state or federal law regarding retention of records, the Vendor shall retain such records until the audit is concluded and all issues resolved. Vendor shall provide Brazos County with copies of such audits that be conducted with respect to the contract. Audit Responsibility. The Vendor shall be responsible for receiving, replying to and/or complying with any audit exception by appropriate federal, state or local audit directly related to the provision of this contract. Clean Services Agreement Vol. � l Page 5 of 6pg.� The Vendor shall repay to Brazos County the full amount received for duplicate billings, erroneous billings, false or deceptive claims. The Vendor recognizes and agrees that Brazos County may withhold any money due and recover through any appropriate method any money erroneously paid under this contract if evidence exists of less than full compliance with this contract. Governing Forms. In the event of any conflict between the terms and provisions of these requirements and the specifications, the specifications shall govern. In the event of any conflict of interpretation of any part of this overall document, Brazos County's interpretation shall govern. In the event of a conflict between the terms, conditions, provisions, and specifications of this document and any other terms, conditions, provisions, and specifications provided by the vendor; the terms of this document shall supersede. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date(s) set forth below. BY: A+L, ,.. 3t.,,� BY: (NAME) Authorized Representative ATTEST: BY: %d;4 / Karen McQueen County Clerk VOI. �� eaning ServicesAreement �(� aF^ �• _I Tabulation for Janitorial Services Regular Weekly Cleaning Location Square Times Per Wee Howell Exectutive Service Flowers Feet Cleaning Cleaning Masters Cleaning Anderson 2,936 3 $578.26 $895.00 $324.75 $345.00 FM 2154 2,742 1 $328.00 $495.00 $150.00 $160.00 29th Street 6,000 1 $519.89 $750.00 $298.45 $300.00 Emergancy Events Location Square Times Per Week Howell Exectutive Service Flowers Feet Cleaning Cleaning Masters Cleaning Twice/Day as Shower Trailer NIA needed $735.00 $1,500.00 $525.00 $280.00 Twice/Day as Bathroom Trailer N/A needed $735.00 $1,500.00 $315.00 $280.00 Twice/Day as Bathroom Trailer N/A needed $735.00 $1;500.00 $315.00 $280.00 Daily as needed/ Brazos Center 15000 Bathrooms 2 $1,200.00 $1,750.00 $900.00 $280.00 Times/Day General Liability Insurance Requirements I YES I YES I YES YES — - - -- Vol. a p g. 92 3 Workman's Comp Insurance Requirements I YES I YES I NO I NO