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HomeMy WebLinkAbout2011-10-04-4:00PM-REGULARBIZAZOS COUNTY BRYAN,TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF SRAZOS COUNTY WILL MEET IN REGULAR SESSION ON OCTOBER 4, 2011 AT 4:00 PM IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVE., SUITE 106, BRYAN, TX 77803 1. Invocation and Pledge of Allegiance - Chaplain G.H. Jones and Commissioner Cauley 2. Call for Citizen input and /or concerns. Consider and take action on agenda items 3 - 21: ;tl 4 Brazos Count Pa roll for FY 2012. 5. Order 11 -015 d'rectin the Payroll Fund to the General f=und of Brazos county. g Request for renewal of Property Cgrzualty Insurance with Texas Association of Counties. 7 P rmisslon to advprlise Bid # 2011 -50 for the cleaning and sealing of Joints and cracks on count ro ds. 8. Permission to advertise Bid # 2012-05 for lsnitorial supplies. g Renewal of contract with F.N. Ploch Consiru ion Co. Inc. for seal coat. 10 Award and appr oyal of contract 2011 -39 with Madison Construction for carpet for the second and third floor of the courthouse. i1. Contract with Th s en Kru El vator for elevator maintenance for the period of four 4 e in the TCPN Contract pricing 12. Funding Agreement with Standing Tall Against Tobacco ___ TI. 151 Pg lqq Vol, t 13 Agreement with the Brazos County Historical Commission for FY 2012. 14, A reement with Brazos County Emergency Communications District 9 -1 -1 for FY 2012. 15 16, Contract with Health For All Inc. for FY 2012. 17. Tax Refund Applications for the following: • a Paul Ward Construction - overpayment- $18.36 • b. Chase Home Finance LLC -over a meat- 183.25 • c Paige W Osburn- overpayment•$169.08 18. Budget Amendments. Budget Amendments FY 10111 51.1 - 51.3 Budget Amendments FY 11112 1.1 • 1.2 19. Approval of the following capital manual requisitions for purchase of miscellaneous items for the sanctuary courtroom: • a Wak-mart in the amount of $175.00 • b Betsy Ross Flag Company in the amount of $363.00 • c Perry Office Plus in the amount of $141.00 20. Personnel Change of Status. Personnel Action Forms 21. Payment of Claims. 22, Acknowledgement of the Brazos County Purchasina Department Update for the week of September 23 - 29. 2011. 23. Sheriff's report in inmate population. 24. Announcement of interest items and possible future agenda topics. 25. Call for Citizen input and /or concerns. 26. Adjourn. Vol. 51 Pg. 46 - 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 }udicial and legislative powers, Created under Article V, Section 1 and Section 18 of the Texas Constitution. As a Constitutional Court, the Brazos County Commissioners Court also possesses the power to issue a Contempt of Court Citation under Section 81.024 of the Texas Local Government Code. Accordingly, members of the public in attendance at any Regular, Special and/or Emergency meeting of the Court shall conduct themselves with proper respect and decorum in speaking to, and/or addressing the Court; in participating In public discussions before the Court; and in all actions in the presence of the Court. Those members of the public who are inappropriately attired and/or who do not conduct themselves in an orderly and appropriate manner will be ordered to leave the meeting. Refusal to abide by the Court's Order and/or continued disruption of the meeting may result in a Contempt of Court Citation. It is not the intention of the Brazos County Commissioners Court to provide a public 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 andler 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 mailer 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 ccnsider, 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. INVOCATION Any invocation that may be offered before the official start of the Court meeting shall be to and for the benefit of the Court. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Court and do not necessarily represent the religious beliefs or views of the Court in part or as a whole. No member of the community is required to attend or participate in the invocation and such decision will have no impact on their right to actively participate in the business of the Court. The Commissioners Courtroom of the County Administration Building, 200 South Texas Ave., Suite 106, Bryan, TX 77803 is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two working days before the meeting. To make arrangements, please call (979) 361 - 4102. Vol. � pS• ----�— BRAZOSCOUNTY BRYAN,TEXAS MINUTES October 4, 2011 BRAZOS COUNTY COMMISSIONERS COURT REGULAR MEETING LD Signature Paae 10 -4.pdf ID File Stamped Agenda.pdf Sign in sheet.0 A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Brazos County Commissioners Courtroom in the Administration Building, 200 South Texas Avenue, in Bryan, Brazos County, Texas, beginning at 4:00 p.m. on Tuesday, October 4, 2011 with the following members of the Court present: Duane Peters, County Judge, Presiding; Lloyd Wassermann, Commissioner of Precinct 1; Sammy Catalena, Commissioner of Precinct 2; Kenny Mallard, Commissioner of Precinct 3; Irma Cauley, Commissioner of Precinct 4; Karen McQueen, County Clerk, Absent. The attached sheets contain the names of the citizens and officials that were in attendance. Invocation and Pledge of Allegiance - Chaplain G.H. Jones and Commissioner Cauley 2. Call for Citizen input and /or concerns. Demetrios Basdekas spoke on property owners rights on water. He then passed out a letter from John Melvin of the Brazos Valley Groundwater Rights Association and asked that it be made a part of the record. Mr. Basdekas said the BVGCD was changing the Vol. 16, Pg. 1 7 rules in granting water well permits and thinks the rules are slanted at the expense of property owners. The BVGCD, it appears, is circumventing the intent of the legislature. This, he said, is a very important issue especially with the drought. Mr. Basdekas said he would be attending the next water meeting that will be held in Hearne. The County Judge said that since this was not on the agenda, he was unable to discuss it, but would like to visit with Mr. Basdekas about it at a later time. D Item 2.odf Consider and take action on agenda items 3 - 21: 3. Resolution 11 -020 authorizing Brazos County to submit a grant application for and participate in the 2012 Indigent Defense Formula Grant Program. Item 3.odf A copy of the Resolution is attached. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley , Mallard , Peters , Wassermann . 4. Brazos County Payroll for FY 2012. 0 Item 4.pdf Salary and Wages- $33,474,723.00 Benefits - $13,995,071.00 TOTAL - $47,469,794.00 Motion: Approve , Moved by Commissioner Kenny Mallard, Seconded by Commissioner Lloyd Wassermann. Passed. 4 -1. Members voting Aye: Catalena , Mallard , Peters , Wassermann. Members voting Nay: Cauley. 5. Order 11 -015 directing the Payroll Fund to the General Fund of Brazos County. Item 5.ndf A copy of the Order is attached. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Lloyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley , Mallard , Peters , Wassermann . 6. Request for renewal of Property Casualty Insurance with Texas Association of Counties. Item 6.odf Commissioner Mallard asked the Risk Manager to speak on the topic. Mr. Jeanes went through and explained the recommendations. A copy of the summary is attached. Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by County Judge Duane Peters. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard , Peters , Wassermann. 7. Permission to advertise Bid # 2011 -50 for the cleaning and sealing of joints and cracks on county roads. Item 7.Ddf Road and Bridge is the requesting department. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Vol. 151 pg. I c Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann . 8. Permission to advertise Bid # 2012 -05 for janitorial supplies. Item 8.pdf Purchasing is the requesting department. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann . 9. Renewal of contract with F.N. Ploch Construction Co., Inc. for seal coat. Item 9.pdf It was stated that this is for four (4) years and that it is to our advantage to renew with the increase in the price of asphalt. All terms, conditions, and pricing shall remain the same. Motion: Approve , Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann . 10. Award and approval of contract 2011 -39 with Madison Construction for carpet for the second and third floor of the courthouse. Item 10.pdf This item was removed. The County Judge announced that it will be back on the agenda next week. Motion: Remove , Moved by County Judge Duane Peters, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann . 11. Contract with Thyssen Krupp Elevator for elevator maintenance for the period of four (4) years using the TCPN Contract pricing. :D Item 11.pdf Service on nine (9) elevators for a monthly fee of $2,190.00. A copy of the Agreement is attached. Motion: Approve , Moved by Commissioner Kenny Mallard, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann. 12. Funding Agreement with Standing Tall Against Tobacco (STAT). 0 Item 12.pdf Standing Tall Against Tobacco will receive $40,000 for use in implementing their programs to discourage the use of tobacco. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard , Peters , Wassermann . 13. Agreement with the Brazos County Historical Commission for FY 2012. Item 13.pdf Brazos County will fund $5,000 for the BCHC to promote the interest in and appreciation of the rich history of Brazos County by encouraging individuals, organizations, businesses and others to submit applications for historical markers for buildings, Vol. 5_ Pg. l +q organizations, activities, individuals, sites of historical events, and other entities and events throughout Brazos County. A copy of the Agreement is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann . 14. Agreement with Brazos County Emergency Communications District (9 -1 -1) for FY 2012. Item 14.pdf Brazos County will fund $734,742.00 for fiscal year 2011 -2012 for the performance of dispatching duties. A copy of the Agreement is attached. Motion: Approve, Moved by Commissioner Lloyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann . 15. Contract with Health For All, Inc. for FY 2012. Item 15.pdf Brazos County will fund $25,000.00 for fiscal year 2011 -2012 to provide physical exams, educational information, information on sources of prescription medication and /or access to "sample" or subsidized medications, coordination of physician care during hospitalization. A copy of the Agreement is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard , Peters , Wassermann . 16. Consider and take action to close, vacate and abandon portion of the original, now unused public right -of -way of Rabbit Lane. Roadway has been rerouted for safety reasons, therefore there is no public interest served by retaining the original right -of -way. This portion of abandoned right -of -way is located in the Moses Baine Survey, A -3 and L. McLaughlin Survey, A -38. Site is located in Precinct 2. ?_; > Item 16.pdf Approved as submitted. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann . 17. Tax Refund Applications for the following: D Item 17.pdf • a. Paul Ward Construction - overpayment - $18.36 • b. Chase Home Finance LLC- overpayment - $183.25 • c. Paige W Osburn- overpayment - $169.08 Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard, Peters, Wassermann . 18. Budget Amendments. Budget Amendments FY 10/11 51.1 - 51.3 Vol. � l Pg. 1 Item 18 - FY 11.pdf 51.1 Reallocate funds for Juvenile Service 51.2 Transfer funds from General Contingency to SO -Jail 51.3 Transfer funds from General Contingency to Court Support -Civil Motion: Approve , Moved by Commissioner Kenny Mallard, Seconded by County Judge Duane Peters. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard , Peters , Wassermann. Budget Amendments FY 11 /12 1.1 - 1.2 Item 18 - FY 12 pdf 1.1 Transfer funds from General Contingency to Sanctuary Remodel Project 1.2 Set up budget for Homeland Security Grant. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Lloyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . 19. Approval of the following capital manual requisitions for purchase of miscellaneous items for the sanctuary courtroom: Item 19.pdf • a. Wal -mart in the amount of $175.00 • b. Betsy Ross Flag Company in the amount of $363.00 • c. Perry Office Plus in the amount of $141.00 Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard , Peters , Wassermann . 20. Personnel Change of Status. Personnel Action Forms Item 20.pdf The motion and second excluded the form submitted for the County Engineer. A copy of the Personnel Change of Status Requests is attached.. Motion: Approve , Moved by Commissioner Kenny Mallard, Seconded by County Judge Duane Peters. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann. 21. Payment of Claims. 7091178 through 7091379 Motion: Approve , Moved by Commissioner Kenny Mallard, Seconded by County Judge Duane Peters. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard , Peters , Wassermann . Claims Sheet pdf BILL LIST 10.4.1 1 pdf 22. Acknowledgement of the Brazos County Purchasing Department Update for the week of September 23 - 29, 2011. Item 22.pdf Vol. 151 pg. 16 1 The Court acknowledged receipt of the Brazos County Purchasing Department Update for the week of September 23 -29, 2011. 23. Sheriff's report in inmate population. Sheriff Chris Kirk stated there were 630 inmates in jail, 60 have electronic monitors and 37 are pending for monitors. The Sheriff reminded everyone that tonight is National Night Out. 24. Announcement of interest items and possible future agenda topics. Commissioner Mallard informed the Court that the next High Speed Rail meeting will be an evening meeting on Thursday, December 1. then a business meeting on Friday, December 2, in Bryan /College Station. More information will be forthcoming on the location. 25. Call for Citizen input and /or concerns. There was no citizen's input. 26. Adjourn. Vol. I `5 I pg. 1 5 a The foregoing minutes of the Commissioners Court meeting held October 4. 2011 have been examined and are approved in open Court this day of J , 2011, in Bryan, Brazos County, Texas. Duane Peters Lloyd W ssermann County Judge Commissioner, Precinct 1 Sammy Cata na Kenny Mallard Commissioner, Precinct 2 Commissioner, Precinct 3 Irma Cauley Commissioner, Precinct(4 Attest: McQueen *arn County Cle VO1 � Page 1 r 3 BRAZOS COUNTY COMMISSIONERS COURT Meeting on _---- -:'ru' . 20 f f `� `t — ' VOL 151 -P& l 5 4 PAGE of�,— Organization 1 i t I P,�.L ��! � ! � it /..a_ =. -1 .� ♦ � - •�— � X-F 4 To � Mi I i MUNAMAW VOL 151 -P& l 5 4 PAGE of�,— BRAZOS COUNTY COMMISSIONERS COURT Meeting on _ PAGE, of Vol. 1 S l pg. 15 � __ _ To Brazos and Robertson County Property Owners: 9/28/2011 After the last legislative session, I reported to you on two bills passed by the legislature that were very favorable for property owners. SB 332 recognized that a landowner has ownership rights in the groundwater beneath his property. This was a great answer to those groundwater conservation districts that were regulating groundwater in complete disregard of the property owners' rights. The second important law was SB 737. It said that the groundwater conservation districts had to keep issuing permits to pump groundwater until the amount of average groundwater produced reached a maximum production limit established by the Water Development Board and all the groundwater districts in the region. Before SB 737, a district could quit issuing new permits when the total of existing permits reached the cap. In districts like the Brazos Valley Groundwater Conservation District (BVGCD) where average production of groundwater is only about half the amount authorized by existing permits SB 737 was expected to make a huge difference — allowing the districts to continue issuing permits when they . otherwise would have had to stop. Guess What? BVGCD seems to be looking for ways to frustrate the purpose of SB 737. A committee of the BVGCD board of directors, composed of Judge Tommy McDonald, John Hicks, Wayne Wilson and David Stratta, met September 15'b and recommended that the district amend its rules to allow the additional groundwater production permits that are required by SB 737 — BUT, they recommend creation of a new class of inferior permits, "SB 737 Permits." These permits would be for 5 years, and renewable so long as production in the district stays below the target amount. Once the pumpage approaches the target amount, however, the SB 737 Permits would be the first ones cancelled. Other than David Stratta, all the committee members supported the recommendation. The reason that BVGCD has a lot of water currently permitted that is not being pumped is because folks like Bryan, College Station, Texas A &M and Optim Energy have permits for a lot more water than they are actually using. Bryan, for example, has permits for more than 35,500 acre -feet per year, but only used about 16,000 acre -feet last year. The proposed rule would reserve the unused water for Bryan and others in the future and cancel the rights of people receiving "SB 737 Permits" who actually use and need their water.. ..... Any guess who proposed the new rule? Judge Tommy McDonald, the representative of the City of Bryan. This could be really bad news for Robertson County, and for undeveloped parts of Brazos County. One of the things that new industry and commercial development require is a reliable water supply. How successful do you think that undeveloped areas in Brazos County will be attracting new development if they find out that their SB 737 Permits are only good for five years and are subject to cancellation when Bryan and others need the water? The recommendation of the committee to adopt the SB 737 rule, creating an inferior class of permits, will be considered by the BVGCD board of directors at its October 6'h meeting. If it is approved, then notice will be published and a public hearing on adoption of the rule held in late October. It is critical that we get the word out to other property owners and elected officials — our future groundwater rights are being undermined by the special interests on the BVGCD board of directors. I have included an addressed stamped post card that you may use to let your county judge and commissioners know what you think about what's going on at BVGCD. Sincerely, John Melvin Executive Director Brazos Valley Groundwater Rights Association jmelvin@)bvgra.com www.bvgra.com Vol. 1 5 � Pg. 15 2012 Brazos County Resolution Indigent Defense Grant Program WHEREAS, under the provisions of the Fair Defense Act, 77th Regular Session, counties are eligible to receive grants from the Texas Indigent Defense Commission to provide improvements in indigent defense services in the county; and WHEREAS, this grant program will assist the county in the implementation of the provisions of the Fair Defense Act and the improvement of the indigent criminal defense services in this county; and WHEREAS, Brazos County Commissioners Court has agreed that in the event of loss or misuse of the funds, Brazos County Commissioners assures that the funds will be returned in full to the Texas Indigent Defense Commission, NOW THEREFORE, BE IT RESOLVED and ordered that the County Judge of this county is designated as the Authorized Official to apply for, accept, decline, modify, or cancel the grant application for the Indigent Defense Formula Grant Program and all other necessary documents to accept said grant; and BE IT FURTHER RESOLVED that the County Judge is designated as the Program Director and contact person for this grant and the County Auditor is designated as the Financial Officer for this grant. Adopted this4W day of 2011. Duane Peters County Judge Attest; GC.f.GlCr County Clerk 11 -020 Vol. ) 5 Pg. 1 45 Internet Submission Form After submitting the formula grant application on -line, the following Internet submission confirmation number was received 4201202120110926. This grant application submission was in accordance with the Commissioners Court Resolution above. Duane Peters County Judge 11 -020 Vol. ICI pg. 159 MEMORANDUM DATE: October 4, 2011 TO: Duane Peters, Brazos County Judge Lloyd Wasserman, Commissioner Pct. 1 Sammy Catalena, Commissioner Pct. 2 Kenny Mallard, Commissioner Pct. 3 Irma Cauley, Commissioner Pct. 4 FROM: Laura Taylor Davis, Brazos County Treasurer RE: The following agenda items: (f) Approve the Annual Payroll and (2) Direct the Payroll Fund to the General Fund (1) Approval of the Brazos County Payroll for Fiscal year 2012 X10101/11 9/30/12) SALARY AND WAGES t 33.474,723.00 (2) Directs by order that the money_ that otherwise would be deposited in a salary fund (created by Chapter 154 of the Local Government Code) be deposited in the general fund of Brazos County 154.007. Use of General Fund Instead of Salary Fund (a) At its first regular meeting in the first month of each fiscal year, the commissioners court may direct, by order entered in its minutes, that all money that otherwise would be deposited in a salary fund created under this chapter shall be deposited in the general fund of the county. (b) In a county in which the order is adopted, a reference in this chapter (154) to a salary fund means the general fund. Acts 1987, 700 Leg., ch. 149, 1, e9`. Sept. 1, 1987 APPROVED toll Duane Peters Date County Judge VOL Ps. JS9 BRAZOS COUNTY BRYAN, TEXAS ORDER NO. 11 -015 DIRECTING THE PAYROLL FUND TO THE GENERAL FUND IT IS HEREBY ORDERED by the Commissioners Court of Brazos County that all money that would otherwise be deposited in a salary fund created under Chapter 154 of the Local Government Code shall be deposited in the general fund of Brazos County. This Order is adopted pursuant to § 154.007 of the Local Government Code. ADOPTED this 4"' day of October, 2011 by a vote of 5 ayes and -_ nays. Duane Peters County Judge ATTEST: c Karen McQueen County Clerk Office of the County Judge • 200 S. Texas Ave. • Suite 332 + Bryan, Texas 77803 . Fax: (979) 361 -4503 Vol. PP 1 too BRAZOS COUNTY CASUALTY INSURANCE SUMMARY and RECCOMMENDATION FOR RENEWAL Law Enforcement Liability Current Coverage — 10K Deductible 2 Million Limit From 2005 — 2010 13 Claims @$440,249 Ownership Credit $77,730 Net Premium$77,730 15K Deductible Option - $72,406 20K Deductible Option - $64,460 (13,270) More than One Claim peryear would negate any premium savings Recommend: Renew Current Coverage. Most of these claims are generated by inmate prose and all of the expense is litigation cost. The Department Heads have very little control for the prose claims. They can limit the claim cost through good record keeping. The jail is recognized statewide for their policies and aroceedures Public Officials Liability Current Coverage - 10K Deductible 2Millicn Limit From 2005 -2010 6 Ciaims @126,051 Recommend: Renew Current Coverage General Uability Ownership Credit $46,556 Net Premium $29,193 15K Deductible Option - $24,253 20K Deductible Option - $19,312 (9,881) More than one claim would negate any savings. Current Coverage —1K Deductible 1/3/1 tort Ownership Credit $8,598 Net Premium $35,807 From 2007 — 2010 5 Claims @ $33,73 5K Deductible Option $29,760 (6,047) Claims Cost 10K Deductible Option $26,467 2008 $13,456 Recommend: Renew Current Coverage 25K Deductible Option $21,105 2009 $6,250 50K Deductible Option $11,121 (24,686) 2011 $14,024 Automobile Liability Current Coverage - 0 Deductible 1/3/1 tort no aggregate From 2007 -2010 23claims @107,263 Claims Cost* (for review) County avgs 7 claims a year Ownership Credit $17,618 Net Premium $59,069 1K Deductible Option $35,785 (23,284) 5K Deductible Option $28,931 (30,138) Recommend: Deductible be increased from 0 to $1000.00, with the deductible to be allocated to the Department responsible for the claim. This will be a savings of $23,284.00. The objective of allocating the deductible is to have the departments to participate in the efforts to reduce the number of claims. Auto Physical Damage Current Coverage —1K Deductible From 2007 — 2010 13 @$39,585 Net Premium $18,038 2500K Deductible option $13,993 (4045) 07 — 2/ 08 — 0/09- 5/2010 -6 avg 3 per year More than 2 claims negates any premium savings Recommend: Renew current Coverage. The deductible has been allocated to the Department responsible for the claim for the last 4 years.. The average number of claims has been reduced since the allocation was started Worker's compensation 2012 Experience Modifier will reduce. Approved! Dropping 2007 35 @176,876 picking up 2010$31 @$71,925cf -1 Duane Peters, County Judge Vol. 15, Pg. i Brazos Count - _ Purchasing Department 200 S. TX AVE., SUITE 352 BRYAN, TX 77803 PHONE (979) 361 -4290 FAX (979) 361 -4293 BRAZOS COUNTY BID /RFPIRFQ DOCUMENTATION SHEET The Purchasing Department would like to request Commissioner's Court approval to advertise and request Bids on the following: DATE: September 28, 2011 BID NUMBER: 2011 -50 REQUEST FOR PROPOSAL NUMBER: REQUEST FOR QUALIFICATIONS NUMBER: TITLE: Cleaning and Sealing Joints & Cracks on County Roadways REQUESTING DEPARTMENT: Road and Bridge APPROVAL SIGNATURE: Duane Peters, County Judge DATE APPROVED: LOALIP Vol. — 151 Pg. 16 Brazos Count �* Y F Purchasing Department .A, 200 S. TX AVE., SUITE 352 BRYAN, TX 77803 PHONE (979) 361-4290 FAX (979) 361 -4293 BRAZOS COUNTY BID /RFP /RFQ DOCUMENTATION SHEET The Purchasing Department would like to request Commissioner's Court approval to advertise and request Bids on the following: DATE: September 28, 2011 BID NUMBER: 2012 -05 REQUEST FOR PROPOSAL NUMBER: REQUEST FOR QUALIFICATIONS NUMBER: TITLE: Janitorial Supplies REQUESTING DEPARTMENT: Purchasing APPROVAL SIGNATURE: Duane Peters, County Judge DATE APPROVED: 1 vol. _ 6 pg. I i F lip Brat *; .* os County Purchasing `s g p 200 SOUTH TEXAS AVE SUITE 352 BRYAN, TX 77803 PHONE (979) 361 -4290 FAX (979) 361 -4293 Charles Wendt, Purchasing Agent Leslie Williams, Senior Buyer September 21, 2011 F_ N. Ploch 1785 Watson Lane East New Braunfels, TX 78130 Attn: Fred Ploch Re: Renewal of Contract for Seal Coat - 2011 -05R Tracy Stracener, Asst. Purchasing Agent Tiffany West, Buyer Phone: 830 - 609 -2971 Fax: 830 -609 -2225 Email: dpploch @aol.com Brazos County would like to exercise the renewal option for Seal Coat - 2011 -02R for the Road and Bridge Department. All terms, conditions, and pricing shall remain the same. This renewal is number three (3) of a four (4) year option as provided for in the original bid. To accept the renewal option, please fill out the information and sign below. Return this letter by email to TStracener@co.brazos.tx.us or fax to (979) 3614293 and submit an original and an updated Certificate of Insurance by mail to the address listed above. Upon receipt of signed document, a new Contract number will be issued to continue the agreement from October 15, 2011 to October 14, 2012. Please return acceptance as soon as possible. If you have any questions, I may be reached at (979) 361 -4291 _ Contact Name: -1"d Ili.. gel Telephone: F, 3 0 (aQ � - -2- q-7-1 E- Mail:_ (Y ,n oo l o LO a D L , M Fax: y 3 GJ - 6- C j - - -� a A's- F. N. Ploch Signature Date B AZ COU —` h Duane Peters, County Judge Date Sincerely, Tracy Stracener Assistant Purchasing Agent Vol. 161 pg. 1 lP � BID TABULATION 2009-08 SEAL COAT PROJECTS FOR PCT. 1,2,3A LOCATION RATES GAM YO ESTIMATED 30 YD CONSTRUCTION Now Braunfels, TX PCT I CA I2,082 1.600 0.42 110,274 1.640 PCT 0.40 57,211 1.600 0.42 350,462 1.648 PCT 3 OAO W9 1.600 OA2 44,024 1.640 PCT 4 0.40 oil IAW OA2 110,744 1.640 TOTAL: OAO OA2 $154" $132=800 82,643 $IA"A"m Grand Total SM147 $11,141,05.360 START DATE Monday, June 01, 2009 RECOMMENDATION: pfloaq: Secondary: CoudApproval: [Approval Dds• Fred A. P%ch None oo voi. 161 pp — INVITATION TO BID SEAL COAT PROJECTS FOR PCTS.1,2,3 and 4 BRAZOS COUNTY PURCHASING OFFICE Brazos County Administration Building 200 S. Tx. Ave., Ste. 352 Bid Request No. 2009 -08 Bryan, Texas 77803 Page 1 of 14 Pages Telephone (979) 361 -4292 Bids will be received, publicly opened and read aloud at 11:00 a.m.. Tuesday, October 28 M. in the Brazos County Purchasing Department, Brazos County Administration Building, 200 S. Tx. Ave., Ste, 352, Bryan, Texas. A. SCOPE OF BID Bids are solicited for furnishing the merchandise, supplies, service, and /or equipment set forth in this bid request in accordance with the following Conditions of Bidding. B. CONDITIONS OF BIDDING The following instructions apply to all bids and become a part of terms and conditions of any bid submitted to the Brazos County, unless otherwise specified elsewhere in this bid request. All bidders are required to be informed of these Terms and Conditions and will be held responsible for having done so: 1. Definitions: In order to simplify the language throughout this bid, the following definitions shall apply: a. BRAZOS COUNTY - Same as County. b. COMMISSIONERS COURT - The elected officials of Brazos County, Texas given the authority to exercise such powers and jurisdiction of all county business as conferred by the State Constitution and Laws. c. CONTRACT - An agreement between the County and a Supplier to furnish supplies and/or services over a designated period of time during which repeated purchases are made of the commodity specified_ d. CONTRACTOR - The successful Bidder(s) of this bid request. e. COUNTY - The government of Brazos County, Texas and its authorized representatives. f. SUB - CONTRACTOR - Any contractor hired by the Contractor or Supplier to fumish materials and services specified in this bid request. g. SUPPLIER - Same as Contractor. 2. Upon acceptance and approval by the Commissioners' Court, this bid effects a working contract between Brazos County and the successful bidder for the period designated. 3. Bids must be received by the Purchasing Department prior to the time and date specified. The more fact that the bid was dispatched will not be considered; the bidder must have the bid actually delivered. VOL— Bid Continuation Sheet Bid Request No. 2oog -o8 BRAZOS COUNTY, TEXAS Page 2 of 14 Pages 4. The County reserves the right to accept or reject in part or in whole, any bids submitted, and to waive any technicalities for the best interest of the County. Brazos County shall not be responsible for any verbal communication between any employee of the County and any potential bidder. Only written specifications and written price quotations will be considered. 6. Brazos County reserves the right to reject any bid that does not fully respond to each specified item. 7. Bidder must include Employer Identification Number or Social Security Number for the bid to be valid. 8. Should there be a change in ownership or management, the contract shall be canceled unless a mutual agreement is reached with the new owner or manager to continue the contract with its present provisions and prices. This contract is nontransferable by either party. 9. The County may cancel this contract at any time for any reason, provided a thirty day written notice is given. 10. The bid award shall be based on, but not necessarily limited to, the following factors; a. Unit price b. Total price c. Special needs and requirements of Brazos County d. Results of testing samples (if needed) e. Delivery f. Brazos County's experience with products bid g. Vendor's past performance record with Brazos County. 11. Although the cost of products to be provided is an essential part of the Bid, Brazos County is not obligated to award a contract on the sole basis of cost. 12. Acceptance of merchandise, work, and /or equipment provided shall be made by the County at the sole discretion of the Commissioners Court when all terms and conditions of the contract and specifications have been met to its satisfaction, including the submission to the County of any and all documentation as may be required. 13. Title and Risk of Loss of the goods shall not pass to Brazos County until the County actually accepts and takes possession of the goods at the point or points of delivery. 14. This agreement shall be govemed by the Uniform Commercial Code as adopted in the State of Texas as effective and in force on the date of this agreement. 15. Bids must be submitted on units of quantity specified. In the event of errors in extended Prices the unit price shall govem. Any suggested change in quantity on the part of the Vol. I S Pg. 1 V7 C. Bid Continuation Sheet BRAZOS COUNTY, TEXAS Bid Request No. 2009 -08 Page 3 of 14 Pages bidder to secure better price or delivery is welcomed and may be given consideration Provided that the bidder also bids on the quantity specified. 16. Bids must specify the number of consecutive calendar days required to deliver the commodities under normal conditions. Failure to specify delivery time will be considered reason enough to cause the bid to be disregarded. Delivery time quoted will be given consideration in awarding orders, If delivery is not made within a reasonable time of the specified delivery in the bid, the entire order or contract may be canceled and the bidder barred from quoting in future bids. 17. Bids cannot be altered after receiving time. No bid may be withdrawn after opening time without acceptable reason and with the approval of the Purchasing Agent. 18. Bids must be submitted on this form. If you cannot download this document, please call 979 / 361 — 4292 to request a copy be faxed or mailed to you. Bid must be submitted in a sealed envelope clearly labeled with the Bid Number and Vendor Name to ensure proper recognition upon its arrival. Bid will not be considered if submitted by telephone, fax or any other means of rapid dispatch, nor will a bid be considered if submitted to any other person or department other than specifically instructed. 19. If the recipient of this form is unable to bid, the form should be returned to the Purchasing Department before opening time and a reason given for not bidding 4 the bidder desires to bid on future purchases of the County, 20. Bids must show full firm name, mailing address and telephone number and be manually signed by an authorized sales or quotation representative of the bidder. Firm name and authorized signature shall appear in each space provided. 21. In the event of a needed change in the specifications sent to the bidder, it is understood that all the foregoing terms shall apply to the addendum or addenda. 22. It is our policy not to furnish bid results over the phone. Tabulation sheets will be posted on the Brazos County web site (www.co.brazos.tx,us, go to Purchasing then Bid Tabulations), upon bid award by Commissioner's Court. 23. Brazos County reserves the right to extend this contract annually upon negotiation, not to exceed a total of five years. 24. Successful Offeror agrees to extend prices and terms to all entities that has entered or will enter into joint purchasing inter -local cooperation agreement(s) with Brazos County. SPECIAL PROVISIONS Vol. 1 s1 Pg. Ito8, Bid Continuation Sheet Bid Request No. 2009 -08 BRAZOS COUNTY, TEXAS Page 4 of 14 Pages 1. The Contractor shall observe and comply with all federal, state, and focal laws, safety, and health regulations, ordinances, and all regulations which in any manner effect conduct of the work. Z. In order to insure the safety of the traveling public, the Contractor shall coordinate all work with the Engineer, or his designated representative. The County reserves the right to reject any or all proposals and to waive technicalities as may be considered for the best interest of the County. The County may award this contract in part or in whole due to budget constraints. 4. Within 10 days after written notification of award of the contract, the Bidder shall execute and fumish to the County a Performance and Payment Bond (if applicable, see Bonding Requirements, Section E), each in the full amount of the Contract price, executed by a surety company or surety companies authorized to execute surety bonds under and in accordance with the laws of the State of Texas. 5. Any subcontracting must be approved by the county Engineer and Brazos County, 6, The General Contractor shall pay all laborers, workmen, and mechanics employed at the site of work not less than the general prevailing rates or wages for work of a similar character in the locality in which the work is performed. Bidders must comply with the State of Texas Labor Laws as required by the following statutes: Vernon's Penal Code Articles 1559x,1580,1581, and 1561a. 7. The General Contractor shall employ all necessary safety precautions to prevent injury to person, property, and equipment. Noise shall be kept to a minimum. Signs, barricades and traffic barrel with warning lights will be provided by the Contractor and used wherever necessary to caution motorists traveling through the constriction areas during the entire span of time for construction and until the job is complete and accepted as such by Brazos County. Should any damage to the County's property or any surrounding privately owned property be caused by the General Contractor, the Contractor will be responsible for the repairs. The County may; however, elect to make repairs and /or replace damaged property and deduct the cost from monies due or to become due to the Contractor. 9. Each Bidder should inspect the job sites to acquire a thorough knowledge of the existing conditions and upon award of this Bid will be held responsible for having done so. 10. Inspections will be made by a qualified representative of the County (County Engineer) as the job progresses and the Contractor is required to cooperate in these efforts. 11. All construction shall be in accordance with SDHPT Standard Specifications for construction of Highways, Streets, and Bridges (latest edition). 12. The Contractor shall clean up and remove all surplus materials, debris, containers, and other job- related items or defacements from the premises after completion. Bid Continuation Sheet Bid Request No. 20W -08 BWOS COUNTY, TEXAS Page 5 of 14 Pages 13. Time allowed for completion of this project is 30 working days from the start of project as stated in this bid. Working days are defined as Monday through Friday with rain days approved in advance by the County Engineer, D. INSURANCE REQUIREMENTS The Contractor shall procure and maintain at its sole cost and expense for the duration of this Agreement insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the worts hereunder by the Contractor, its agents, representatives, volunteers, employees or subcontractors. The Contractor's insurance coverage shall be primary insurance with respect to the County, its officials, employees and volunteers. Any insurance or self-insurance maintained by the County, its officials, employees or volunteers shall be considered in excess of the Contractor's insurance and shall not contribute to it Further, the Contractor shall include all subcontractors as additional insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein. All Certificates of Insurance and endorsements shall be furnished to the County's Representative and approved by the County before work commences. Standard Insurance Policies Required: a. Commercial General Liability Policy b. Automobile Liability Policy C. Worker's Compensation Policy General Requirements applicable to all policies: a. Only insurance carriers licensed and admitted to do business in the State of Texas will be accepted. b, Deductibles shall be listed on the Certificate of Insurance and are acceptable only on a per occurrence basis for property damage only. C. 'Claims Made' policies will not be accepted. d. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to Brazos County. e• Upon request, certified copies of all insurance policies shall be famished to Brazos County. 7. COMMERCIAL GENERAL LIABILITY a. General Liability insurance shall be written by carrier with an A:VIII or better rating in accordance with the current Best Key Rating guide. b. Brazos County, its officials, employees and volunteers, are to be added as 'Additional named Insured' to the General liability policy. The coverage shall contain no special limitations on the scope of protection afforded to the County, its officials, employees or volunteers. C. Minimum Combined Single Limit of $1,000,000.00 per occurrence for bodily injury and property damage. d. No coverage shall be deleted from the standard policy without notification of individual exclusions being attached for review and acceptance. Vol. I �; J pg. 170 Bid Continuation Sheet Bid Request No. 2009 -08 BRAZOS COUNTY, TEXAS Page 6 of 14 Pages e. Waiver of Subrogation shall be attached to the Certificate of Insurance. 2. AUTOMOBILE LIABILITY a. General Liability Insurance shall be written by a carrier with an A:ViII or better rating in accordance with the current Best Key Rating Guide. b. Minimum Combined Single Limit of $600,000.00 per occurrence for bodily injury and Prop" damage. 3. WORKER'S COMPENSATION INSURANCE Pursuant to the requirements set forth in Title 28, Section 110.110 of the Texas compensation insurance Policy; either directly through their employer's policy (the Contractor's or subcontractor's policy) or through an executed coverage agreement on an approved TWCC form. Accordingly, if a subcontractor does not have his or her own policy and a coverage agreement is used, Contractors and subcontractors must use that portion of the form whereby the hiring contractor agrees to provide coverage to the employees of the subcontractor. The portion of the form that would otherwise allow them not to provide coverage for the employees of an independent contractor may not be used. The worker's compensation insurance shall include the following terms: a. Employer's Liability limits of $1,000,000,00 for each accident is required. b. 'Texas Waiver of Our Right to Recover From Others Endorsement' shall be included in this policy. (Waiver of Subrogation) Pursuant to the explicit terms of Title 28, Section 110.110 (c) (7) of the Texas Administrative Code, the bid sPeaficafions, this Agreement, and all subcontracts on this Project must include the following terms and conditions in the following language, without any additional words or changes, except those required to accommodate the specific document in which they are contained or to impose stricter standards of documentation: A. Definitions: Certi 'cate of coverage f "certt Cale') A copy of a certificate of insurance, a certificate of authority to self- insure issued by the Texas Worker's Compensation Commission, or a coverage agreement )TWCC81), TWCC83, or TWCC -84), showing statutory worker's compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the proiect - includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the governmental Entity. Persons MrOviarm services on the ro ect "subcontractors " in section 406 096 {of tA- s Labor Coded includes all persons or entities performing all or part of the services the Contractor has undertaken to per on the project, regardless of whether Vol, 5 1 Pg. 1-71. Bid Continuation Sheet BRAZOS COUNTY, TEXAS Bid Request No. 2009.08 Page 7 of 14 Pages that person has employees. This includes, without limitation, independent Contractors, such entity or s, leasing companies, motor carriers, owner-operators, employees of any employees of any entity which furnishes persons to provide services on the Project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as foo"everage vendors, oJ"cesupply deliveries, and delivery ofportable toilets. B. The Contractor shall provide coverage, based on the proper reporting of classification codes and payroll amounts and filing of any coverage agreements, that meets the statutory requirements of Texas Labor Code, Section 401.011 44 Contractor providing services on the project, for the duration of the projectplayees of the C The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. It the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage Period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The Contractor shall obtain from each rson provide to the governmental entity; providing services on a project, and (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file providing services on the project, and certificates Of f coverage showing coverage for all person; and (2) no later than seven calendar days after receipt by the Contractor, anew certifcate of coverage showing extension of coverage, iJthe coverage period shown on the current certificate of coverage ends during the duration of the project. F. The Contractor shall retain all required certificates of coverage for the duration of the Project and for one year thereafter. G. The Contractor shall notify' the governmental entity in writing Personal delivery, within 10 calendar days after the Contractor knew or should have known, or any change that materially affects the provision of coverage of any person Providing services on the project. H. The Contractor shall post on each project site a notice, in the text form and manner Prescribed by the Texas Workers' Compensation commission, informing all persons Providing services on the project that they are regvired to be covered, and stating how a Person may verify coverage and report lack of coverage. L The Contractor shall contractually require each person with whom it contracts provide services on a project, to; to Vol. 16 1 Pg. I ,I A. 4. Bid Continuation Sheet BRAZOS COUNTY, TEXAS Bid Request No. 2009 -08 Page 8 of 14 Pages (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreement, that meets the statutory requirements of Texas Labor Code, Section 401.011(49) for all of its employe project, es providing services on the for the duration of the project; (2) provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the Contractor, prior to the end of the coverage period, a new certificate Of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. (4) obtain from each other person with whom it contracts, and provide to the Contractor. (a) a cerlficate of coverage, prior to the other person beginning wor* on the Project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project, (S) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (d) notify the governmental entity in writing by certified mail or personal delivery, within 10 calendar days after the person know or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (a) -(g), with the certificates of coverage to be provided to the person for whom they are providing services. ✓• By signing this contract, or providing, or causing to be provided a certificate of coverage, the Contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier, or, in the case of a self- insured, with the commission's Division of Self- Insurance regulation. providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. CERTIFICATES OF INSURANCE shall be prepared and executed by the insurance company or its authorized agent, and shall contain the following provisions and warranties: a. The company is licensed and admitted to do business in the State of Texas, Vol. ► co- 1 Pg. 03 Bid Continuation Sheet Bid Request No. 2009 -08 BRAZOS COUNTY, TEXAS Page 9 of 14 Pages b. The insurance policies provided by the insurance company are underwritten on forms that have been provided by the Texas State Board of Insurance or ISO. C. All endorsements and insurance coverage according to requirements and Instructions contained herein, d, The form of the notice of cancellation, termination, or change in coverage provisions to Brazos County, e• Original endorsements affecting coverage required by the section shall be furnished with the certificates of Insurance, COMPLIANCE WITH LAW The Contractor's work and materials shall comply with all state and federal laws, municipal ordinances, regulations, and directions of inspectors appointed by proper authorities having jurisdiction. The Contractor shall perform and require all subcontractors to perform the work in accordance with applicable laws, codes, ordinances, and regulations of the State of Texas and the United States and in compliance with OSHA and other laws as they apply to its employees. In the event any of the conditions of the specifications violate the code for any industry, then such code conditions shall prevail. The Contractor shall follow all applicable state and federal laws, municipal ordinances, and guidelines concerning soil erosion and sediment control throughout the Project and warranty term. 6. SAFETY PRECAUTIONS Safety precautions at the site are a part of the construction techniques and processes for which sponsible for handling and use of the Contractor shall be solely responsible, The Contractor is solely re hazardous materials or waste, and informing employees of any such hazardous materials or waste. The Contractor shall provide copies of all hazardous materials and waste data sheets to the Bryan Fire Department marked 'Attn.: Assistant Chief. The Contractor has the sole obligation to protect or wam any individual of potential hazards created by the performance of the work set forth herein. The Contractor shall, at its own expense, take such Precautionary measures for the protection of persons, property, and the work as may be necessary. The Contractor shall be held responsible for all damages to property, personal injuries and /or death due to failure of safety devices of any type or nature that may be required to protect or warn any individual of potential hazards created by the performance of the work set forth herein; and when any property damage is incurred, the damaged portion shall immediately be replaced own cost and expense. or compensated for by the Contractor at its 7. INDEMNITY To the fullest extent permitted by law, the Contractor agrees to and shall indemnify, hold harmless, and defend the County, its officers, agents, and employees form and against any and all claims, losses, damages, causes of action, suits, and liability of every kind, including all expenses of litigation, court costs, and attorney's fees for injury to or death of any person, for damage to any property, or for any breach of contract, arising out of or in connection with the worts done by the Contractor under this Contrail, provided that any such claim, loss, damage, cause of action, suit or liability is caused In whole or in part by an act or Vol. ) S pg. I -� Bid Continuation Sheet BRAZOS COUNTY, TEXAS Bid Request No. 2009 -M Page 10 of 14 Pages omission of the Contractor, any subcontractor, or any person, organization directly or indirectly employed by any of them to perform or furnish work on the Project. This indemnity shall apply regardless of whether such injuries, death, damages, or breach are caused in part by the negligence or omission of the County, any other party indemnified hereunder, the Contractor, or a third party . The indemnification shall include but not be limited to the following specific instances: a. In the event the County is damaged due to the act, omission, mistake, fault or default of the Contractor, then the Contractor shall indemnify and hold harmless and defend the County for such damage. b. The Contractor shall indemnify and hold harmless and defend the County from any claims for Payment for goods or services brought by any material suppliers, mechanics, laborers, or other subcontractors. C. The Contractor shall indemnify and hold harmless and defend the County from any an all injuries to or claims o adjacent property owners caused by the Contractor, its agents, employees and representatives. d. The Contractor shall be responsible for any damage to the floor, walls, etc., caused by the Contractor's personnel or equipment. e. The Contractor shall also be responsible for the removal of all related debris. f. The Contractor shall also be responsible for subcontractors hired by it. g. The Contractor shall indemnify, hold harmless, and defend the County from any liability caused by the Contractor's failure to comply with applicable federal, state, or local regulations, that touch upon or concern the maintenance of a safe and protected working environment and the safe use and operation of machinery and equipment in that working environment, no matter where fault or responsibility lies. The indemnification obligations of the Contractor under this section shall not extend to include the liability of any professional engineer, the architect, their consultants, and agents or employees of any of them arising out of (1) the preparation or approval of maps, drawings, opinions, reports, surveys, change orders, designs or specifications, or (2) the giving of or the failure to give directions or Instructions by the professional engineer, the architect, their consultants, and agents and employees of any of them, provided such giving or failure to give is the primary cause of the injury or damage. 8. RELEASE The Contractor assumes full responsibility for the work to be performed hereunder, and hereby releases, relinquishes, and discharges the County, its officers, agents, and employees from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to or death of any person (whether employees of either party or other third parties) and any loss of or damage to any property (whether property of either of the parties hereto, their employees, or of third parties) that is caused by or alleged to be caused by, arising out of, or in connection with the Contractor's work h to be Vol. I v l Pg. 115 Bid Continuation Sheet Bid Request No. 2009 -oB BRAZOS COUNTY, TEXAS Page 11 of 14 Pages performed hereunder. This release shall apply regardless of whether said claims, demands, and causes of action are covered in whole or in part by insurance, and in the event of injury, death, property damage, or loss suffered by the Contractor, any subcontractor, or any person or organization directly or indirectly employed by any of them to perform or furnish work on the project, this release shall apply regardless of whether such injury, death, loss, or damage was caused in whole or in part by the negligence of the County. E. F. BONDING REOt11REMENT The County will, prior to signing the contract, require the General Contractor to furnish bonds covering the faithful performance of the Contract. The following bonds may be required: a. A satisfactory performance bond is required if the contract price exceeds $100,000, This Bond shall be issued by a bonding company approved by the County for the amount of 100% of the total price of the Bid. This must be issued to the County within ten (10) days of the award of the Contract. b. A satisfactory payment bond is required if the contract price exceeds $25,000. This Bond shall be issued by a bonding company approved by the County for 100% of the total price of the Bid. This must be issued to the County within ten (10) days of the award of the Contract. WORKMANSHIP AND MATERIALS 1. All worts shall be done in accordance with plans, drawings, and specifications and in the hest and most workmanlike manner by qualified, careful and efficient workers, in strict conformity with the best accepted practices of each craft concerned, and at all times workmanship shall be sut>lect to inspection and approval of the County through the County Engineer. 2. Quantities will be verified by Contractor before work begins. Square yards will include radius and cul-de -sacs. Quantities are estimated utilizing'DMI'. it is the Contractor's responsibility to check quantities which will be approved by the County Engineer. Square yards include radii and curie -sacs. I The Contractor will get prior approval for all stock pile sites for construction in writing, with the County Engineer's approval, prior to stock piling materials. 4. All mate6al(s) will meet Texas Department of Transportation Standard specifications for construction of highways, streets and bridges, 2004 edition. S. All signs, lights and barricades shall be in accordance with the Texas Manual on uniform traffic control devices, 2006 or latest edition. 6. All flagmen shall be equipped with communications devices (I.E., 2 -way radios, etc) 7. The Contractor will furnish all labor, material and equipment to complete the work. (Light pneumatic roller only.) CRS -2 will be used unless otherwise approved in writing by the County Engineer. Coverstone Oil be Type B — Grade 4 unless otherwise approved by the County Engineer in writing. Vol. 1,5/ Pg. I -� Bid Continuation Sheet BRAZOS COUNTY, TEXAS Bid Request No. 2009 -08 Page 12 of 14 Pages 9. The Contractor shall fumish samples of materials to the County for testing prior to application to the roadway. The County shall, at any time during construction, perform random testing throughout the construction period. 10. The Contractor shall have access to a minimum of four (4) 10 -yard dump trucks, or six (6) 5. yard dump trucks, 11. The Contractor will have a distributor with the capability of applying 22' minimum width. 12. No overweight truck will be permitted to supply the chip spreader. 13. Start date will be June 1, 2009. Contractor will be required to remain on the project until all work is complete. All work Is to be completed within 30 working days of start date. Date may be adjusted with the County Engineer's approval 14. Aggregate rate for second or more seal. 1 CY 1110SY. 15. All excess/unused material shall be removed from all work site areas within 30 days or it will become property of Brazos County. 16. Plans are 'estimate projects and quantities' subject to change. 17. The Contractor shall have a minimum of 12 'Loose Gravel' signs posted throughout construction. 18. After a pass is made with the chip spreader, all bare asphalt will be covered immediately and all excess rock piles on roadway are to be knocked down and scattered. 19. No sealing on Saturdays unless approved by the County Engineer. 20. Some roads may require sweeping with a vacuum broom (especially roads in subdivisions). 21. Payment will be for the actual square yards sealed as agreed between the Contractor and the County Engineer. 22. Should any damage to the county's property or any surrounding privately owned property be caused by the general contractor or sub-contractor, the general contractor will be responsible for the repairs. The county may, however, elect to make repairs and /or replace damaged property and deduct the cost from monies due, or to become due, to the contractor. 23. Any subcontractor must be approved by the county engineer and Brazos County. G. QyQIATION LOCATION RATES EST.SQ.YD. PRICE/SQ.YD. Precinct 1 0.40 Gal/Sy 12,082 $ 0.42 Gal/SY 110,274 VoL J® Pg. I T1 Bid Continuation Sheet BRAZOS COUNTY, TEXAS Precinct 2 0.40 Gal/SY 57,211 0.42 Gal /Sy 350,462 Precinct 3 0.40 Gal/Sy 8,839 0.42 Gal/Sy 44,024 Precinct 4 0.40 Gal /SY 4,511 0.42 Gal /SY 110,744 Bid Request No. 2009 -08 Page 13 of 14 Pages TOTAL SY: 698,147 Total $ / `/1 Lo SS ° SPECIFY: Date Contractor will be available to start work H. CERTIFICATION OF BiD 2 The undersigned affirms that they are duly authorized to execute this contract, that this bid has not been prepared in collusion with any other bidder, and that the contents of this bid have not been communi cated to any other bidder prior to the official opening of this bid. Signed By: ;�z a . /o-&J Typed Name: F)e E rj .4 ld J- - L, Company Name, �.LG . Phone No. IF34 —� - g = 92� Mailing Address: yc�,B s P. 0. Box or Street City State Zip Employer Identification Number: j �}— —LE 7 �-- CORPORATE SEAL IF SUBMITTED BY A CORPORATION END OF BID REQUEST NO. 2009-08 Vol. 16 1 pg. 179 STANDARD PURCHASE TERMS AND CONDITIONS ROAD AND BRIDGE DEPARTMENT solar end tkeyer aped s ivaow,: BRAZOS Af�EPTAitICE OF BIDc &no, County 'arras he vt to scow or njed d or Pert d Me autinMad bid and to welve famaliee. The County abo rsserveo Me fight to eagrt in U OF n PM he hid cw*k W to be the beast prised bidder' a he bid deemed mod adventaQecrw to Me Camty. 2• AMlt� T4 J>rDS: In fee event a Sent to he bidder, I k undsalacd � lemu and oondt a addendum or addends. Cie bidder ALL • OR - NOMF ronc: AN - a - none bide wi Mir be wwdered when rapleI" a guatsMm for &L 11ena 1"aekd h he bid 4. & Bldle cannot be MOM alter the Did his been deirwed b the &w= Caaiy Audkft Oftca Howevw, the bidder can make a fornnet Rim b s ors Cant to hew the Did as aubnillyd wftawn h ft en6aty fe 6A CEO SI MT racy g4 w aubnalled by bidder mual tndurk nows of Me idenMica�faali number and bye m r m+�nQ +lddreea telephone number, and employer trim Wa quctatiala fa the ++y agred by a mprment alm WAMFMW b W6W *' W h esde bakfh f 6M The firm name and a #wjrsd eigm&n Mal, apace povided an bid document 6. K c rw m- Al Dicta must be kubnrtted lh, sedoead y� bid rdurcr dtadwd Auction's wou MW a FINFi and endaae3 wfh bid da m Cow* P'ooeeainD Waal enival h tle erazcs County i ta o a other d r*W dwakh. m ngno mode a n d transfer dem Bide aebnrkled b any parson or dgmrbnerd other Mien he Can* Audhx% Of @ WE not be accepted. 7' 2�aLamon= tfddera a" Kbalt farms, Al Pioea wd be asnanad b be net enlese0 Udder 8�0 �h doomed dherwaa Any dw daooueb a Cow hnna to low Me pr,, spa cl d ay arlpl otof my repnwerdafve d bum Caaegr wi be dereparded. Prices preeontad n wbgi w o W d he tame) bid an Me ony pipet Considered vaMd from hs SiOW 1]F DFt ff ev: Union apedieq dl terns adored auooesalul bidder must be naedwd new, umaad, and in Meat die con dum. Pmclyds usually PsdwW for oommarcial Wh NO be bmiabod fn "repot oord& r so e to b0aia Shnpa and hnx g. 9. R11 OCATION: The nomeatut Udder all make d dol6,griee b she e(a1 V6c MW In Me bid doarnent Tire sucoeeabt vwrtdor will Mbneh. M he ddvsy addreeo Daeny -four 04) hm" kr advance d d". DDMwar�ee mad Q1h'+k+"nD he County's normal worgrg noun m normal worknM deye. 10. 9Et1VERY '+r•-HF a t: r Mcidera must tubnd ddvery sdadriea and Ww Part d he bi4 apaoifAq he aabe d ooneamew calender nPid b r� Psdic COMMON" Warned w d kw— Ddiv e rMuded add r ufing he �ft d �traob. Fortuna b Ind dd*4wwyy dated sdrsrliae wi 1» ooraiderud t� to caned cmtrad ardnaln bar � bidder item aulrraibg qudatma in he future. Bidt muel be auhroad We d me am everNo by the bid doaanaerrb. 'on, i h1 quareti a and n ng&d bb and "q swi"M the ndA&W ura � wAPwdw*moo' g�,a 1e seared 1 � oat "" h gbh, "Ided butler plop a daW«Y oafd kne f tee bid, provided the bidder hs�aho� �wMaa n i be dao%end a void part nd unit. sa+t+PMd a 41eotaticn h' d�fr1elsd Wardies 1. floe must be U: Bd abet w Submitted b Me am County Audifare d 0 aPned udaaa D�eod d *I ice) a ad+rs calendar days ham he dale he e bidder Ud red CM apla a �� or Wiese wee are taken n by d doaanaR. ealraion pdcsa must be provided MV Me bon d edinthe 1. Wnly VA na•Q.1}' N"east be Wated F. 0.8. daeoom n &ace Canty. as acevt �C ucr ahpnenh. CmDsacla awrded wheraln pnrw to Mee County vii aaryrph pr"/f en neolteary � raMdl h an inaeee�ed pment n mrea },n she onh by he amanf that ***q c wgn for the COUNTY, TEXAS 14 LJITE BID cuw,rcew.�. q maul be rsaaived in hs Braoa Can Tom. l OAice, 8aaoe County COahouee 300 Ead 26h Tease, 77tiO3, Prior to the data and time Street Suite 3t4, Bryan, Aw e+mreased dale and time wB be returned in ha bid Udder. Bids receved opened to Mar bidder. is, 110M The der MOM be Wale for all Perb "um d aervtcas Wegard b bid. d°"raDn inaxred white n tb. L"dP- >y stmt: Lw"un p m wi be camridered M unit and eclspim prices ere presided uainQ the tcrmet Unshod in to bid doomrent for d oawnadties defined by the hid The Wal of the g royd unI Picea and the true" aeons need net be he aerrre A k+r+P term bid wNth allpWdm =Sdtddm of Did,, m ..b. or other alert' ae a:nrdtone d reaivkg Mire staled lamp am vd be dareparded in their entirety. 17. IQ= M he ropier! of this doc mwri is arable to aubrelit a bid, Me Cann Audibrl 0 tetra deeds mrked FID BiD and be reined m the Brain, Whim envelope. 16 arenas Mee "awed �g date and tine, in tee Mow Did iftre aupkabre deaoibe a quaiiy the opiwWk � d � o" opa the �harld if laden for any OR FReluru�r �..�...� : � woe d a purchme Y canvrtodKy pumhaoed by Braze, Canty, he Sappier apse, to proled the Cax"Y tan MY dain in" pgW VM b*kVomwt oopyrgM N 4iWmk or oaks bendwe deputes. 19. PAfM OF 11Itf0 M. The suone,iW bidder Mould submit bemized invdcae win dearly marked w tanm copies to the Uoetrg adfeee: bt. RTdeard F,*,. 'W01 County Road and Brigs papa WWn 2617 Koway 21 id Bryan, Tease 77803. Staiementa d amoLw a g not be wAdent to warrant payment Ww( Y ddiwlrY Of been aM invoice, !o bs paid n tw Win 3D days Chedra ad a mad, wy Of b hooae.w* and I Dwo d ww" at Mrs ideal addi"L arme"M bidder ONLY, and Mai not ndude sub - cvntradaa, aaeipne,, or any Cow party, �. PERMITS: Prig b OF m isdah, equ�rreent a oommenyp wort on any project where male deivery ampny and air aubmnlrad �a grwa Canty tera+i b1 A bidder WA oblen for the "Wes b be aced w acid project, B) ecpi4 d amrd y Po1rg N a ht d as he Braaoa Canty Tra(k repistretiCrr for each vshwo to AGM. �, Too Ip �� tad Pittman. Prxinet 7, 206 North COUNTY ROADS EXUDING ITS LEGAL E"y, TRAVEL ON BtiAZ05 GROSS wElrllr, 21. j, Ili: Ae a paymmenyy ,ubdwW n. Bn¢a Cam i. mod type' dlaze,, kxkxkV but not fintked to audet Ia>, exdae tea Gubea Such Mann cent not be inducted n Did pdaet To aawnpuon crttimlea Can be obleked upon nWed by wnfacbV he emoe Canty pudwalop Daft 300 East 26th Street, Sale, 214, Bryn, Taw, 771;03. 22. vendor wwwk praniso, and npraeenb that all requkad by hh contract aa, a reeuM d enbrinp nb his am wh sped6capy Mat mean Mat of not Md be Yaw 2000 �PMd. year 2000 mr4larC mariner ktanded as rale,hle b data related e& Gate 9w vaaii'dmdo O,rase4 Century, Yale, mmh and day. oDenticna when 23. L CONFLICTS OF IMT RFCT; M cuhide consultant aor hnt yam abed for wvicaa an s Brazos County projedaof � the n bo )antm*oc or *0 a 01 w pits �`a oo- u . a we, an aAteled pm' hd waa a deelp w a other any 0ssCClated by Ceeeyhip p mY Wm* a Dro Wed bid that bid Mal Die 00nDibut d tt suds a 101 004 a o mWr*K no matlr when the Omit! is dMOasred an County bade d caMld id nlaro m advised hat they may law dadcaure by daze Count'. Pokto bidders re mqwwwft Government Cods prapTs IM Thin 180 nqu Punt d hainses Local Me County b dodoes any g% valued in exa sa of SY60.00 9 0 No OOgd" W OAaeItY 011dsrs Milt' neerNeer, a County wniY m"durkg M Pac ttwrusa(12 ofTno a The Eo a quaeMmn 0 must be led wM M Braaot Coup Clerk_ Rd. 1o1u'T The G°wmmenf Code, Chapter 176 for he del* d this Lew. P& 1741 Coversheet DEPARTMENT: Purchasing DATE OF COURT MEETING: ITEM: TO: FROM: DATE: FISCAL IMPACT: SOURCE OF FUNDS: NOTES/EXCEPTIONS: �t yCY a el BRAZOS COUNTY BRYAN,TEXAS c!S Print 10/4/2011 Award and approval of contract 2011 -39 with Madison Construction for carpet for the second and third floor of the courthouse. Commissioners Court Tracy Stracener 09/29/2011 No ACTION REQUESTED OR Award and approval of contract for 2011 -39 Carpet for Courthouse ALTERNATIVES: Second and Third Floor. ATTACHME Name: Description: ❑ madison contract.odf Contract ❑ Madison bid.odf Bid ❑ Bid Tabulation.xlsx Bid Tab Type: Cover Memo Cover Memo Cover Memo REMOVED Duane Peters Date County Judge Page I of 1 http:// bcagendaintranet /Bluesheet.aspx ?ItemlD= 2199 &MeetingID =255 10/4/2011 Vol. 15 1 Pg. 190 AGREEMENT THIS AGREEMENT (hereinafter "Agreement") and Attachment A: Equipment & Pricing Schedule, made and entered into on this 14 day of October, 2011 by and between Brazos County, having an address of 206 N. Washington Street, Bryan, TX 77803(hereinafter referred to as "Purchaser "), and, ThyssenKrupp Elevator Corporation, a Delaware corporation, having an address of 14820 Tomball Parkway, Houston, TX 77086 (hereinafter referred to as "Contractor "). In consideration of the mutual covenants contained herein, Contractor agrees to perform the services described herein and Purchaser or its members agree to pay the amounts described herein, all on the terms and conditions set forth in this Agreement. 1. INTRODUCTION: Contractor will maintain the elevator equipment as described in Appendix A, on the terms and conditions subsequently set forth. We will use trained personnel directly employed and supervised by us. They will be qualified to keep your equipment properly adjusted, and they will use all reasonable care to maintain the elevator equipment in proper operating condition. We will regularly and systematically examine, adjust and lubricate as required, and, in our sole opinion, if conditions warrant, we will repair or replace all elevator parts and devices not specifically excluded by this contract. 2. PERFORMANCE: The Services(Defined in Section 6 & 7) shall be performed in a diligent and first class manner, with quality supplies, materials, equipment and workmanship and in such a manner so as to minimize the possibility of any annoyance, interference, or disruption to tenants or other occupants of the property and their invitees. Upon completion of the Services, Contractor shall restore the property to its original condition and shall leave the property clean and free of all tools, equipment, waste materials and rubbish. Contractor will, at its discretion and expense, perform governor and safety tests on traction elevators or annual relief pressure tests on hydraulic elevators per local and State codes. Contractor assumes no responsibility for the operations of the governor or safety on traction elevators, or the hydraulic system on hydraulic elevators, under the terms of this Agreement, until test has been made. Should the systems not meet safety requirements, it shall be the responsibility of the Purchaser, at their cost, to make necessary repairs and to place the equipment in a condition, which will be acceptable for coverage under the terms of this agreement. Contractor shall not be liable for damage to the building structure resulting from this testing. Contractor will service Purchaser's equipment and its component parts in their present condition with the understanding that Contractor shall neither be required nor obligated to service, make renewals or repairs upon the elevator(s) or equipment by reason of negligence, obsolescence, misuse of the equipment, loss of power, blown fuses, tripped stop switches, theft, vandalism, explosion, fire, power failure, water damage, storm, lightning, nuisance calls or by any other reason or any other cause beyond our control, except ordinary wear and tear from the commencement date of this agreement. Any work not specifically covered under this agreement shall be at Purchaser's expense. 3. INDEPENDENT CONTRACTOR RELATIONSHIP: ThyssenKrupp Elevator I 7GPN Contract # R5042 Voi. ) E51 pg. 181 Contractor shall assume all duties under this Agreement as an independent contractor, and shall not be deemed for any purpose to be an agent, servant, or representative of Purchaser, Purchaser shall have no direct control of Contractor, its agents, or subcontractors in the performance of the work hereunder. Nothing contained herein shall be construed to be inconsistent with such independent contractor relationship. 4. BY HIGHLY - TRAINED CONTRACTOR PROFESSIONALS: Contractor employed and supervised elevator technicians, who are among the most trusted in the industry, will provide all maintenance courteously and dependably. Our elevator technicians receive ongoing training in general equipment development advancements made to your specific elevators, as well as 5. ASSURANCE OF CONTRACTOR STANDARD OF QUALITY: To help increase elevator performance and decrease downtime, our technicians utilize the latest industry methods and technology available to us for your specific brand of elevator. They will be equipped with the tools, documentation and knowledge to troubleshoot your unique system. Behind our technicians' is a team devoted to elevator excellence. Technicians are supported around the clock by a family of engineers and field support experts. Our North American Technical Support Facilities continuously research advancements in the Industry and in your equipment. Contractor maintains a comprehensive parts inventory to support our field operations, Replacement parts are stored throughout North America in Contractor's facilities, and are normally available as necessary. Most specialized parts are available within 24 hours, seven days a week, All replacement parts used in your elevator will be new or refurbished to meet the quality standards of Contractor. 6• DEPENDABLE MAINTENANCE: Contractor will perform the following services: Examine the elevator equipment for proper operation. Our examination, lubrication, and adjustment will cover the following component groups and related equipment of your elevator system: • Control and landing positioning systems • Signal fixtures • Machines, drives, motors, governors, sheaves, and ropes • Power units, pumps, valves, and jacks • Car and hoistway door operating devices and door protection equipment • Loadweighers, car frames and platforms, and counterweights • Safety mechanisms Lubricate equipment for smooth and efficient performance. ThyssenKrupp Elevator 2 TCPN Contract .# R5042 Vol. ) 5 L- Pg. � $ oel safe operation. Adjust elevator parts and components to maximize the elevator's performance and Relamp all signals as required (during regularly scheduled visits). Repair or replace components worn due to normal wear. Contractor agrees to maintain Purchaser's elevator equipment as outlined in this agreement. We will endeavor to provide a comprehensive maintenance program to maximize the performance, safety, and life span of your equipment. 7. EXTENT OF COVERAGE. 7.1 TRACTION ELEVATORS: Contractor agrees to and shall maintain the traction elevator equipment herein described, on the following terms and conditions: 7.1.1 Contractor will use trained employees directly employed and supervised by Contractor. Such employees shall be qualified to keep the Equipment properly adjusted, and Contractor will use all reasonable care to maintain the Equipment in proper and safe operating condition. 7.1.2 Contractor will regularly and systematically examine, adjust, clean and lubricate the following as required, and if conditions warrant, repair or replace the same: 7.1.2a Machine worm gear, thrust bearings, drive sheave, drive sheave shaft bearings, brake pulley and brake coil, contact linings and component parts; 7.1.2b Motor and motor generator, motor windings, rotating element, commutator, brushes, brush holders and bearings; 7.1.2c Silicon control rectifiers, reactors, filters, heat sinks, amp traps, transducers, and all control components; 7.1.2d Controller, selector and dispatching equipment, leveling devices and cams, all relays, solid state components, resistors, condensers, transformers, contacts, leads, dash pots, timing devices, computer and micro computer devices, steel selector cable or tape, and mechanical and electrical driving equipment; 7.1.2e Governor, governor sheave and shaft assembly, bearings, contacts, and governor jaws; 7.1.2f Deflector or secondary sheave, bearings, car and counterweight guide rails, top and bottom limit switches, tension sheave compensating sheaves assembly, counterweight andreounterweight guide shoes including rollers or gibs; 7.1.28 Hoistway door interlocks and hangers, bottom door guides and auxiliary door closing devices and all fastening devices and associated reinforcement in attached components; ThyssenKrupp Elevator 3 TCPN Contract .# R5042 VOL— 1 t5 1 Pg. ) F3 7,1.2.h Hoistway entrance door sill areas beyond the entrance frame opening; will be cleaned. 7.1.2► Automatic power operated door operator, car door hanger, car door contact, door protective device, car ventilation system platform, load weighing equipment, car safety mechanism, elevator car guide shoes, gibs or roller; 7.1.3 Contractor shall maintain the individual minimum performance standards defined below: 7.1.3a "Start to Stop Time" as measured from the moment the car begins motion till the time It stops for a single floor run. 7.1.3b "Door Open Time" as measured from the fully closed door position to a fully open stopped position. 7.1.3c "Door Close Time" as measured from the fully open door position to a fully closed stopped position. Door closing pressure shall not exceed 30 lbs. 7.1.3d "Leveling Accuracy, as measured from car sill to landing sill at a fully stopped position under all load conditions. 7.1.3e "Rated Speed" as the same shall be that noted and shall not vary by more than 5% regardless of direction or load. 7.1.4 Contractor shall maintain the Rated Speed in feet per minute, the original performance time, including acceleration and retardation as designed and installed by the manufacturer and perform the necessary adjustments as required to maintain the original Door Open Time and Door Close Time, within limits of applicable codes, or to adjust and maintain revised Door Open Time and /or door close Time upon direction of Purchaser, 7.1.5 Contractor shall maintain smooth ride quality, smooth acceleration and deceleration and comfortable stop. 7.1.6. Door operation shall be positive and quiet with rapid and smooth checking at limits of travel. Contractor shall annually, check the group dispatching systems and make necessary tests to insure that all circuits and time settings are properly adjusted and that the system performs as designed and installed by the manufacturer or to adjust and maintain revised settings upon direction of Purchaser. 7.1.7 Examine periodically all safety devices and governors and conduct an annual no -load test. 7. 1,8 Calibrate load- weighing devices to Purchaser's selected settings, after annual and, as applicable, five-year safety tests are conducted. 7.1.9 Renew all wire ropes as often as is necessary to maintain an adequate factor of safety; equalize the tension on all hoist and compensation ropes, lubricate ropes ThyssenKrupp Elevator 4 TGPN Contract # R5042 Vol. 1 5 1 Pg. appropriately and when necessary remove all residue and accumulated deposits from the rope surface and shorten ropes and chains as required to provide legal and reasonable bottom clearances. 7.1.10 Repair or replace conductor cables and hoistway and machine room elevator wiring in such a way as to maintain the percentage of spare conductors present at the signing of this Agreement. In no case shall the number of spare conductors be less than 5 %. 7.1.11 Furnish lubricants compounded to the manufacturer's rigid specifications. 7.1.12 Make other safety tests recommended or directed by all applicable governmental authorities in force at the time of the signing of this Agreement. Contractor shall not be required to install new attachments on the elevators recommended or directed by insurance companies, or by governmental authorities, nor to make replacements with parts of a different design recommended or directed by insurance companies, or with governmental authorities. by 7.1.13 Coordinate all testing requiring an independent witness or inspector with the Purchaser's appointed representative. Any such tests conducted without Purchaser's witness or inspector shall be repeated at Contractor's cost. 7.1.14 It is agreed that Contractor shall not be required to make renewals or repairs necessitated by reason of Purchaser's negligence or Purchaser's misuse of th ordinary wear and tear. e Equipment or by reason of any other cause beyond Contractor's reasonable control except 7.1.15 Contractor shall also maintain, and if conditions warrant, repair or replace the following auxiliary equipment: 7.1.15a All handicap devices; 7.1.15b All elevator related earthquake devices if applicable 7.1.16 Contractor shall have no responsibility for the following items of Equipment, which are not included in this Agreement. 7.1.16a The items of elevator equipment excluded from this contract are: the finishing, repairing, or replacement of cab enclosure, hoistway door panels, door frames, sills, car flooring, floor covering, lighting fixtures, light bulbs and tubes, main line power switches, breaker, feeders to controller, alignment of elevator guide rails, smoke and fire sensors, fire service reports, air conditioners and all other items as set forth and excluded in this agreement. Elevator signal light bulbs will be replaced during regular service calls. 7.2 HMRAULIC ELEVATORS: ThyssenKrupp Elevator 5 TCPN Contract # R5042 Vol. 15 f pg. 1,35 Contractor will maintain the hydraulic elevator equipment herein described under the same terms and conditions described under 7.1 entitled 'Traction Elevators", at the same are applicable to hydraulic elevators, with the following additions: 7.2.1 The items of elevator equipment excluded from this agreement are: the finishing, repairing, or replacement of cab enclosure, hoistway door panels, door frames, sills, car flooring, floor covering, lighting fixtures, light bulbs and tubes, main line power switches, breaker, feeders to controller, hydraulic elevator jack outer casing, underground Piping, alignment of elevator guide rails, smoke and fire sensors, fire service reports, air conditioners and all other items as set forth and excluded in this agreement. Elevator signal light bulbs will be replaced during regular service calls. 7.2.2 Filters, mufflers and muffler components are included. 7.2.3 Periodically examine all safety devices and conduct pressure tests and othertests required by ANSI Al 7.1 or other applicable codes. 7.2.4 Periodically conducts an inspection of hydraulic fluid to detect contaminants and assure proper viscosity, make necessary corrections and replace fluid as required. Furnish hydraulic fluid compounded to the manufacturer's rigid specifications. 7.2.5 Clean excessive fluid leakage from pump pans, cylinder heads, machine room and pit floors. 8. COMPLIANCE WITH LAWS: The rights and duties arising under this Agreement shall be governed by the laws of the State in which the Property is located. in performing the Services required under this Agreement, Contractor shall comply with all applicable federal, state, county, and municipal statutes, ordinances and regulations. in the event that any portion of this Agreement is determined to be against public policy or statute, then all other provisions shall remain in full force and effect, 9. TERM: Service under the terms and conditions of this Agreement shall be for an initial non - cancelable period of four (4) years commencing on October 1, 2011 and shall automatically be renewed for successive one (1) year periods thereafter, unless either party timely serves written notice upon the other party of its intention to cancel at least ninety (90) days before the end of the initial four (4) year period, or ninety (90) days before the end of any subsequent one (1) year renewal period. Time is of the essence. The term (length of contract) of maintenance agreements signed under the TCPN Contract may exceed the term of the TCPN Agreement. The terms and conditions of the TCPN Agreement in effect at the date the maintenance agreement is signed will remain in effect for the duration of members local maintenance agreement. Maintenance Agreements can be as long as the TCPN members request provided they are in accordance with local laws and regulations. All work is to be performed during our regular working hours of our regular working days unless otherwise specified below. This contract includes callback service during our regular working hours. ThyssenKrupp Elevator 6 TCPN Contract # R5042 V0 . ) 5 I pg. 1 � 40 For any overtime work requested by the Purchaser, Purchaser agrees to pay us for the difference between regular and overtime labor at our usual billing rates. 10. PRICING: The price of Contractor's service as herein stated shall be $2,190.00 per month, payable in advance. The price as set forth herein is subject to increase In the event the existing equipment is modified from its present state. A service charge of 1 W16 per month, or the highest legal rate, whichever is less, shall apply to delinquent accounts. Time is of the essence. The monthly payment amount shall be subject to review and adjustment for maintenance agreements at the end of each 12 month period thereafter or beginning with expiration of any maintenance period on Equipment. 80% of the Agreement price shall be adjusted to reflect any increase or decrease in labor costs based on the straight time rate of elevator mechanics in the local area where the Property is located. The remaining 20% shall be adjusted to reflect any increase or decrease in material costs based on the Producer Price Index for Metals and Metal Products as published by the united States Department of Commerce, Bureau of labor Statistics. Total price escalations shall be no more than 5% in anyone (1) year period. Contractor shall provide thirty (30) day advance notification to Purchaser of pending price adjustment for both labor and material. Pricing Schedules will be adjusted annually on the anniversary date of the Agreement of each year to coincide with the wage adjustments. The words "fringe benefits" mean employee benefits granted in addition to direct hourly labor rate, and include, but are not limited to, accruals for pensions, vacations, paid holidays, group life and group health insurance. Fringe benefits shall not include any director indirect costs based on labor. This Agreement is subject to the terms and conditions herein, all of which are hereby accepted. 11. INDEMNITYAND LIABILITY. Contractor shall hold harmless and indemnify Purchaser, its managing agent, and employees against all loss or liability, demands, judgments, expenses (including attorney's fees), claims or actions based upon or arising out of damages or injury (including death) to persons or property, including property owned, (eased or borrowed, incurred by orsustained in connection with the performance of this Agreement to the extent caused by the acts, omissions, or negligence of Contractor, its subcontractors, managing agents, servants or employees, or based upon Contractor's violation of any statute, ordinance, building code or regulation. Contractor's obligations under this paragraph do not include any injuries or damages, if any, that arise out of or result from the negligence or concurrent negligence of Purchaser, its managing agent, or other i ndem n itee. Contractor shall also indemnify Purchaser and Purchaser's managing agent against all liability and loss in connection with, and shall assume full responsibility for payment of all federal, state and local taxes or contributions imposed or required under unemployment insurance, social security and income tax laws, with respect to Contractor's employee& engaged in the performance of the Services or otherwise in connection with this Agreement. ThyssenKrupp Elevator 7 TCPN Contract # R5042 Vol. 1 5 / pg. 19 7 Contractor shall not be liable for any damages or delays caused by acts of government, strikes, lockouts, fire, explosions, theft, floods, riot, civil commotion, war, malicious mischief, acts of God or any other cause beyond its control, and in no event shall Contractor be liable for special, indirect or consequential damages. 12. INSURANCE REQUIREMENTS: At its sole expense, Contractor shall carry and maintain throughout the Term of this Agreement the insurance described below. Policies must be with carriers licensed to do business where the services are to be performed. The form of the insurance shall at all times be subject to Purchaser's reasonable approval, and the carrier or carriers must be good and responsible insurance companies. The all risk and liabilities policies must each contain a provision by which the insurer agrees that such policy shall not be canceled except after thirty (30) days written notice to Purchaser. Before the start of work, Contractor shall submit to Purchaser a Certificate of Insurance showing that all insurance requirements have been met. If any policy expires during the term of this Agreement, is shall automatically be renewed and a new Certificate of Insurance be sent immediately to Purchaser. shall Workers' Compensation Employer's Liability General Liability Statutory Limits $1,000,000 each accident $1,000,000 policy limit- disease $1,000,000 disease -each employee This shall include all major divisions of coverage and be on a commercial occurrence form. It shall include premises operations, products and completed operations, contractual, personal injury, owner and contractor's protective and broad form property damage. Limits Primary: $2,000,000 each occurrence -131 & PD $2,000,000 general aggregate $2,000,000 personal injury & adv. Injury Automobile Liability and Property Damage This shall be on an occurrence basis with a combined single limit of $2,000,000. It shall include all automobiles owned, leased, hired or non- owned. 13. PURCHASER RESPONSIBLITIES: Product /nfarmation. Purchaser agrees to provide Contractor with current wiring diagrams that reflect all changes, parts catalogs, and maintenance instructions for the equipment covered by this Agreement. Purchaser agrees to authorize Contractor to produce single copies of any programmable device(s) used in the equipment for the purpose of archival back up of the software embodied therein. These items will remain your property, Safety, Purchaser agrees to instruct or wam passengers in the proper use of the equipment and to keep the equipment under continued surveillance by competent personnel to ThyssenKrupp Elevator 8 TCPN Contract # R5042 Vol. 51 Pg. 19,? detect irregularities between elevator examinations. Purchaser agrees to report immediately any condition that may indicate the need for correction before the next regular examination. Purchaser agrees to shut down the equipment immediately upon manifestation of any irregularities in operation or appearance of the equipment, notifying us at once, and written notice within ten (10) days after any occurrence or accident in or about the elevator. Purchaser agrees to provide our personnel a safe place. in which to work. Contractor reserves the right to discontinue work in the building whenever, in their sole opinion, the personnel do not have a safe place in which to work. Purchaser agrees to provide a suitable machine room including secured doors, waterproofing, lighting, ventilation and heat to maintain the room at a temperature of 50 °F minimum to 90 °F maximum, Purchaser also agrees to maintain the elevator pit in a dry condition at all times. Should water or other liquids become present, you will contract with others for removal and the proper handling of such liquids. Other. Purchaser agrees not to permit others to make alterations, additions, adjustment, or repairs or replace any component or part of equipment during the term of this Agreement. Purchaser agrees to accept our judgment as to the means and methods to be employed for any corrective work under this Agreement. In the event of the sale, lease or other transfer of the elevator(s) or equipment described herein, orthe premises in which they are located, Purchaser agrees to see that such successor is made aware of this Agreement and assumes and agrees to be bound by the terms hereof for the balance of the Agreement, and subject to termination herein provided, or otherwise be liable for the full unpaid balance due for the full unexpired term of the Agreement. items Not Covered. Contractor does not cover cosmetic, construction, or ancillary components of the elevator system, including the finishing, repairing or replacement of the cab enclosure, ceiling frames, panels, and /or fixtures, hoistway door panels, door frames, sills, car flooring, floor covering, lighting fixtures, ceiling light bulbs and tubes, main line power switches, breaker(s), feeders to controller, hydraulic elevator jack outer casing, buried piping, alignment of elevator guide rails, smoke and fire sensors, fire service reports, intercommunication devices, security systems not installed by us, batteries for emergency lighting and lowering, air conditioners, heaters, ventilation fans and all other items as set forth and excluded in this agreement. 14. NON WAIVER: Waiver of any breach or failure to enforce any of the terms of conditions of this Agreement at any time shall not limit or waive either party's rights thereafter to enforce or compel strict compliance with every term and condition of this Agreement. Course of conduct or failure to enforce shall not constitute a waiver of any written provision of this Agreement 15. NOTICES: Every notice or other communication to be given by either party to the other with respect to this Agreement, shall be given by personal delivery of telecopy or United States registered or certified mail postage prepaid, return receipt requested, addressed as hereinafter Provided. Except as otherwise specified herein, the time period in which a response to any notice or other communication must be made, if any, shall commence to run on the earliest to occur of (a) if by personal delivery, the date of receipt, or attempted delivery, if such communication is refused; (b) if given by telecopy, the date on which such telecopy is transmitted and confirmation of delivery, or attempted delivery, thereof is received; and (c) if sent by mail (as aforesaid), the date of receipt or delivery is refused. Until further notice, notices and other communications under this Agreement shall be addressed to the parties' address listed on the first page hereof. 7hyssenKrupp Elevator 9 7CPN Contract # R5042 Vol. IS/ pg. 1 SCl Bill Harrison National Accounts Manager ThyssenKrupp Elevator Corporation 2220 Chemsearch Blvd., Suite 100 Irving, TX 75062 16. FEDERAL PROVISIONS /ACTS: ThyssenKrupp Elevator 14820 Tomball Parkway Suite #190 Houston, TX 77086 Attn: Bob Cernak Contractor shall comply with provisions of Executive Orders 11246, 11375, 11758, Section 503 of the rehabilitation Act of 193, Vietnam Era Veteran's Readjustment Act of 1974, 38 U.S.C. 4212 and 41 CFR Chapter 60. Contractor shall support Equal Employment Opportunity and Affirmative Actions Compliance programs. Contractor covenants and agrees to comply in all respects with the Immigration Reform and Control Act of 1986 (PL99 -603) and all rules and regulations adopted pursuant thereto, and agrees to indemnify and hold Purchaser harmless of and from any claims and /or demands asserted against Purchaser and /or any costs or expenses suffered or incurred by Purchaser, including attorney's fees, as a result of Contractor's failure or alleged failure to comply with such Act, rules and regulations. Purchaser's acceptance of this Agreement and its approval by an executive officer of Contractor will constitute exclusively and entirely the Agreement for the service herein described. All other prior representations or Agreements, whether written or verbal, will be deemed to be merged herein, and no other changes in or additions to this Agreement will be recognized unless made in writing and properly executed by both parties. Should Purchaser's acceptance be in the form of a purchase order or similar document, the provisions, terms and conditions of this Agreement will govern in the event of a conflict. This proposal and contract is hereby accepted. ACCEPTED: PURCHASING COMPANY NAME THYSSENKRUPP ELEVATOR CORP. ThyssenKrupp Elevator Corporation TCPN Contract # R5042 Vol. 16 / pg. 190 BY: �.J —� BY: Signature of Authorized IndiWdual TITLE: DATE: !O 1 011 THYSSENKRUPP ELEVATOR CORP BY; TITLE: Branch Manager DATE: ThyssenKrupp Elevator Name 11 Vol . 1 ,5i Bob Cemak Name TITLE; Account Manager DATE: THYSSENKRUPP ELEVATOR CORP. BY: Bill Harrison Name TITLE. National Account Manager DATE: TCPN Contract # R5042 Pg. �i ATTACHMENT A: EQUIPMENT & PRICING SCHEDULE Jnits: ldmin Building QTY 1 .NlUFOLIVII manura7M$190.00 D Price /Unit im lex Kone Geare _LABLE REPAIRS: �chanic 'W $430.00 retention Center iuplex Otis 211 1 Otis 211 2 heriff Bldg $190.00 $190.00 im lex Dover H dro xpo Bldg $190.00 implex Dover Hydro 1 Dover H dro INA #2 ourthouse QTY 3 $190.00 $190.00 uplex Dover Hydro N/A #1 $190.00 m lex IA Ilk Inrr-lk Dover H dro Dover Geared a K.— N/A N/A 1 #2 #3 $190.00 $430.00 ine Elevators Monthly Price Total $2,190.00 not including taxes, if applicable icing is based on all units running & in normal operation. OURLY BILLING RATES: :RVICE CALLS rchanic Regular Time Mon Fri Sam to 4:30pm N/A Premium Portion Only Evenings & Saturdays $158.18 Premium Portion Only Sundays & Holidays $225.94 _LABLE REPAIRS: �chanic 'W :Re:gular Time Mon Sam to 4:30pm $225.94 $406.69 Overtime Labor Evenings & Saturdays $279.53 $691.37 Overtime Labor Sundays & Holidays $318.49 $813.37 vice calls which occur during repulartime hours ara fi dlv e- nvcrcA i _A-, -.- _ _ . :. — ��.__..v...I .. uw 11-- Vlulll IJ Uric LU vice issues from normal wear and operation. For service calls which occur during overtime hours, you will be aonsible to pay the premium portion of the overtime call and we are responsible for the regular time portion. ng rates are subject to annual escalations in accordance with the contract pricing, withstanding paragraphs 10 and 13 in Agreement; an elevator being modernized can be suspended from the thly billing during the renovation and warranty period. The elevator will be reinstated after a thorough inspection -KE prior to reinstating. ny event that the Agreement and Attachment A conflict this Attachment A shall control JSQ1 e pricing does not include tax, if applicable Vol. L2 � Pg. a BRAZOS COUNTY COMMUNITY HEALTHCARE ENDOWMENT FUND } 201 NORTH TEXAS AVENUE • BRYAN, TEXAS 77803 -5317 979/361-4440 • Fax 979/823-2275 FUNDING AGREEMENT This contract is entered into this -- — day of O'Jp j /!:� , 2011, by and between Brazos County Texas acting by and through its duly elected Commissioners Court (herein the "County "); and Standing Tall Against Tobacco ( "STAY) or ("Recipient "). Whereas the County was awarded $2.15 million dollars in monies from the State of Texas Tobacco Settlement of 1998; and Whereas, the County created a fund to be known as the Brazos County Community Health Care Endowment Fund (CHEF) to hold such monies and out of which the County will fund health service programs in the County; and Whereas the County Commissioners Court appointed a citizens committee to review and determine those health service agencies most deserving of contributions from such Fund; and Whereas STAT has qualified for such contributions and is agreeable to the conditions placed upon the expenditure of these funds by the County. NOW THEREFORE KNOW ALL BY THESE PRESENTS THAT for and in consideration of the mutual covenants, restrictions, and promises herein contained, the sufficiency of which is hereby acknowledged, the parties hereby agree as follows: ] . The term of this Agreement is for one (1) year commencing on the date above stated. 2. The County will make available to STAT under conditions herein stated, the sum of forty thousand and no /100 dollars ($40,000.00), payable in four (4) equal quarterly installments for use in implementing the programs and achieving the goals set forth in Parts 2A and 2C of the Funds Request Application filed by STAT to receive monies from CHEF, which is attached hereto and made a part hereof for all purposes. 3. The first quarterly installment due hereunder shall be paid to STAT around October 1, 2011. Thereafter, if the remaining quarterly payments are to be funded, the programs described in paragraph 2 above must be implemented on or before March 1, 2012. Should STAT fail to qualify for Vol. pg. 13 the remaining quarterly payments, the County shall have the right, in its sole discretion to seek reimbursement of any or all quarterly payments. 4. (a) ST4T shall submit to the Brazos County Auditor, on a quarterly basis, a Community Healthcare Endowment Fund Quarterly Report form. Failure to achieve, implement and carry out the purposes for which the money was awarded, demonstrated by the information supplied in such Quarterly Report, shall permit the County to withhold, temporarily or permanently, any installment of funds due hereunder until compliance is achieved. Should STAT fail to qualify for the remaining quarterly payments, the County shall have the right, in its sole discretion to seek reimbursement of any or all quarterly payments. The determination of whether STAT has fulfilled its commitment, as described in paragraph 2 above, shall be made in the sole discretion of the Commissioners Court. (b) If the Recipient forecasts or realizes a surplus, the County may adjust the amount of funding to be paid and/or require repayment of any excess funding and /or adjust the amount of any future award to (c) Recipient acknowledges that settlement and recovery funding can occur up to seven (7) years after to provision of funding. 5. The monies awarded hereunder shall be used to fund programs, which restrict participation to Brazos County residents. Failure to adhere to such restrictions shall constitute a breach of this Agreement, upon which breach the County may terminate this Agreement, without further liability. 6. If Brazos County terminates a grantee's funding agreement due to agency failure to comply with contract terms or a grantee chooses to terminate the contract for any reason, the affected agency will be prohibited from applying for healthcare funds for one year from the date of the contract termination. 7. STAT shall give the Brazos County Auditor, upon request, access to all books, accounts, records, files or other papers belonging to or in use by STAT pertaining to the CHEF funds referenced in this Agreement. Failure to provide access to this information shall constitute a breach of this Agreement, upon which breach the County may terminate this Agreement, without further liability. S. It is understood and agreed that the participation by the County in STAT programs is limited to the contribution of monies. The County at no time shall be liable for the acts or omissions of STAT, its administration board, its agents or employees. Vol. 151 Pg. 1 cl q 9. STAT shall and does hereby hold harmless the County from any and all loss, cost, claims, damages or expenses of any kind, nature or description that arise out of or in connection with this Agreement. 10. Subcontracting for the Provision of Services. (a) The Recipient agrees that it will not subcontract the fulfillment of all or any part of the Recipient's obligations under this Agreement without the prior written consent of the County. Such consent will be in the sole discretion of the County and may be subject to additional terms and conditions. (b) If the Recipient is permitted to subcontract the provision of the Services, it will make reasonable efforts to include in its subcontract (i) provisions that permit the County and the County Auditor to audit the subcontractor to the same extent as set out in provisions and of this Agreement; (ii) other provisions necessary for the Recipient to fulfill its obligations under this Agreement; (iii) a provision that enables the subcontract to be assigned in the event that this Agreement is terminated; and (iv) a provision that permits the County to revoke approval of the subcontractor without legal liability to either the Recipient or the subcontractor. (c) If permitted to use subcontractors, the Recipient will remain liable for obligations performed by a subcontractor to the same extent as if it had performed such obligations. For the purpose of this Agreement work performed by the Recipient's subcontractor will be deemed work performed by the Recipient. (d) Nothing contained in this Agreement or a subcontract will create a contractual relationship between any subcontractor or its directors, officers, employees, agents, partners, affiliates or volunteers and the County. 11. Conflict of Interest. The Recipient will (a) avoid any Conflict of Interest in the performance of its contractual obligations; (b) disclose to the County without delay any actual or potential Conflict of Interest that arises during the performance of its contractual obligations; and (c) comply with any requirements prescribed by the County to resolve any Conflict of Interest. In addition to all other contractual rights or rights available at law or in equity, the County may immediately terminate the Contract upon giving notice to the Recipient where: (a) the Recipient fails to disclose an actual or potential Conflict of Interest; (b) the Recipient fails to comply with any requirements prescribed by the County to resolve a Conflict of Interest; or (c) the Recipient Conflict of Interest cannot be resolved. This paragraph will survive any termination or expiration of the Agreement. VOL- 151 re. 115 12. (a) Document Retention and Record Maintenance. The Recipient agrees (i) that it will retain all records related to the Recipient's performance of its obligations under this Agreement for seven (7) years after the termination or expiration of the term of the Agreement. The Recipient's obligations under this paragraph will survive any termination or expiration of the Agreement; (ii) all financial records, invoices and other financially- related documents relating to the Funding or otherwise to the Services will be kept in a manner consistent with generally accepted accounting principles and clerical practices; and (iii) all non - financial documents and records relating to the Funding or otherwise to the Services will be kept in a manner consistent with all Applicable Law. (b) Disclosure of Information. The Parties will treat Confidential Information as confidential and will not disclose Confidential Information except or under the Freedom of Information Act, or the Texas Public Information Act which the Recipient acknowledges applies to the County. (c) Transparency. The Recipient will post a copy of this Agreement in a conspicuous public place at its sites of operations to which this Agreement applies and on its public website, if the Recipient operates a website. 13. (a) Notice. A Notice will be in writing; delivered personally, by telefacsimile, registered or certified United States mail or by pre -paid courier; and, addressed to the other Party as provided below or as either Party will later designate to the other in writing: To the COUNTY: To the RECIPIENT: 240 S. Texas Avenue, Suite 332 STAT Bryan, Texas 77843 8447 SH 47 Attention: Judge Randy Sims Bryan, TX 77807 Attention: Laura Carr Notices Effective From. A Notice will be effective at the time the delivery is made if the Notice is delivered personally, by pre -paid courier or, otherwise, when received. Vol. 151 pg. 19 (e 14. Recipient agrees to respect and protect the civil and legal rights of County, citizens and patients. It will not unlawfully discriminate against any employee, prospective employee, citizen, or patient on the basis of age, race, sex, religion, disability or national origin. Recipient shall abide by all applicable federal, state and local laws and regulations. 15. No officer, employee or agent of Recipient and no member of its governing body and no other public officials of the governing body of the locality or localities in which the project is situated or being carried who exercise any functions or responsibilities related to the Agreement shall participate in any decision relating to this Agreement which affects or conflicts with his/her personal interest or have any personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. 16. Recipient expressly waives any and all rights it may have of subrogation to any claims or rights of its employees, agents, owners, officers, or subcontractors against the County. 17. This Agreement is expressly made subject to Brazos County's Sovereign Immunity, Title 5 of the Texas Civil Practices and Remedies Code, and all applicable federal and state law. The parties expressly agree that no provision of this Agreement is in any way intended to constitute a waiver or any immunities from suit or from liability that the Brazos County has by operation of law. Nothing in this Agreement is intended to benefit any third party beneficiary. 18. This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Brazos County, Texas. 19. Exclusive venue for any litigation arising from this Agreement shall be in Brazos County, Texas. 24. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceable provision shall not affect any other Provision thereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained therein. 21. This Agreement constitutes the sole and only Agreement of the parties hereto and supersedes any prior understandings or written or oral Agreement between the parties respecting the within subject matter. 22• The County may amend, modify or alter the terms of this Agreement and specify an effective date thereof. The County will then notify Recipient in writing, dated subsequent to the date hereof, of such changes and their effective Vol. I f Pg. '� date. If Recipient declines to accept changes made by County, Recipient may terminate this Agreement and return any funding not previously expended. This agreement shall be interpreted in accordance with the laws of the State of Texas. The parties herein agree that the performance of this Agreement shall be in Brazos County, Texas. This Agreement represents the entire agreement of the parties and supersedes any prior written or verbal understanding or representation. STAT represents and warrants that the person executing this Agreement on its behalf has the legal authority to sign this Agreement and bind the agency to its terms. COU By: Date: b l Judge Duane Peters Standing Tall Against Tobacco (STAT) By: i l� Title: i PC'i Date: 0 Vol, ��_ �J I Pg. g 40 BRAZOS COUNTY COMMUNITY HEALTHCARE ENDOWMENT FUND 201 NORTH TF.t.-IS ,AVENUL • BRYAN, TEXAS 77803 -5317 979/361 -4440 0 Fax 979/823 -2275 TO: Brazos County Commissioners Court FROM: Sara Mendez, M.S. CHEF Liaison DATE: September 21, 2011 RE: CHEF funding recommendations for FY 2011 -2012 It is the unanimous recommendation of the Brazos County Community Healthcare Endowment Fund (CHEF) Review Committee to fund one agency for fiscal year 201 1 -2012, The following agency is recommended for funding for their proposed program: AGENCY: Stand Tall Against Tobacco AMOUNT: $ 40,000.00 PROGRAM: Stand Tall Against Tobacco (STAT) TOTAL: $40,000.00 Thank you for allowing members of the CHEF Review Committee to serve the citizens of Brazos County in this manner. APPROVED C,_ --� Duane Peters Date County Judge 1 von. 1 5 1 Pg. `�' � FUNDING AGREEMENT BETWEEN BRAZOS COUNTY AND BRAZOS COUNTY HISTORICAL COMMISSION This is an Agreement for Funding ( "Agreement ") by and between Brazos County hereinafter referred to as ( "County ") and the BRAZOS COUNTY HISTORICAL COMMISSION, hereinafter referred to as ('BCHC ") a commission dedicated to the improvement of Brazos County. RECITALS WHEREAS, County historical commissions are a vital link in Texas' preservation network. Few other states have a built -in mechanism that makes possible a preservation organization in every county; WHEREAS, the BCHC has the statutory responsibility to initiate and conduct programs suggested by the Brazos County Commissioners' Court and the Texas Historical Commission ( "THC "). WHEREAS, BCHC has worked co- operatively with the Brazos County Commissioners' Court, THC, local governments, local non - profit organizations and individual citizens to preserve Brazos County's heritage for the use, education, enjoyment and economic benefit of present and future generations in Brazos County. NOW, THEREFORE, FOR AND IN CONSIDERATION of mutual promises recited herein, the parties agree as follows: AGREEMENT BCHC Responsibilities BCHC, shall provide services to the County as follows: A. Actively promote the interest in and appreciation of the rich history of Brazos County by encouraging individuals, organizations, businesses, and others to submit applications for historical markers for buildings, organizations, activities, individuals, sites of historical events, and other entities and events throughout Brazos County. B. Support other groups and events that have the same goal. County Responsibilities A. BCHC shall be funded by the County in the amount of $5,000.00 from the County 2012 Fiscal Year funds. B. BCHC agrees that County, or its designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. BCHC agrees to maintain such records for possible audit for a minimum of three (3) years after the termination date of this Brazos County Historical Commission Agreement Page 1 of 2 Vol. � �J � pg. o-2 00 Agreement, unless a longer period of records retention is stipulated. BCHC agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. BCHC agrees that County, or its designated representative, shall further have the right to review and to copy any records and supporting documentation for prior years in which Brazos County provided funds to the BCHC under prior Agreements. Any audit will be conducted by County personnel or an independent third party, as determined by the Brazos County Commissioners Court. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the BCHC. C. Annual financial statements (audited if available) are due to County within six (6) months of completion. All notices required or permitted hereunder shall be in writing and addressed to the respective officer of the other party at the address described below or at such other address as the receiving party may have theretofore prescribed by notice to the sending party: COUNTY BCHC Brazos County Henry Mayo c/o Commissioners Court Chairman 200 South Texas Avenue, Ste., 310 P.O. Box 9169 Bryan, Texas 77803 College Station, Texas 77842 -9169 Either of the parties shall have the right to terminate this Agreement in whole or in part at any time. Notice to terminate this Agreement will be given in writing at least thirty (30) days prior to the date of termination. The notice shall include the reason for such a termination, the effective date of the termination and, in the case of partial termination, the potion of the Agreement to be terminated. SIGNED this Z-6 day of 56""a, 2011 BRAZOS COUNTY HISTORICAL COMMISSION By: y - Z-� Henry Mayo, Chairman BRAZOS COUNTY By: Duane Peters, County Judge Brazos County H %StOrdcal Commission Agreement ATTEST: a en McQueen, County Clerk Page 2 of 2 von. 15l pg. �aoi _ AGREEMENT FOR FUNDING THIS AGREEMENT FOR FUNDING ( "Agreement ") is entered into this _day of September, 2011, by and between BRAZOS COUNTY, Texas ( "County ") and the Brazos County Emergency Communications District ( "District "), pursuant to the authority TEX. GOVT CODE ANN. Chapter 791 ( "Texas Interlocal Government Cooperation Act "). RECITALS WHEREAS, pursuant to TEX. HEALTH § SAFETY CODE ANN. § 772.301, et. seq., ( "Emergency Telephone Number Act "), the District has been formed and is a political subdivision of the State of Texas; and, WHEREAS, Brazos County is a political subdivision of the State of Texas authorized to enter into interlocal cooperative governmental agreements; and, WHEREAS, the Brazos County Commissioners in public meeting found that it is mutually beneficial for the County and the District to enter into an agreement for the District to perform for the County, Emergency Communications Services Dispatching; WHEREAS, the District is willing to perform such services on behalf of the County; NOW THEREFORE; IN CONSIDERATION of the mutual promises to each other made hereinafter, the undersigned parties agree as follows: AGREEMENT Effective October 1, 2011 the District is hereby appointed the emergency communications dispatching authority for the Brazos County Sheriff's Office, the Brazos County Constables and the Volunteer Fire Departments for the period October 1, 2011, thr including September 30, 2012. The District shall, in dispatching emergency service u and nits ough h the County, do so in accordance with the policies and procedures developed by the Sheriff's office, the Brazos County Constables and the Volunteer Fire Departments to respond such to directives. Any changes, alterations or revisions of such policies and procedures by any to County offices during the term of the Agreement shall be made in consultation with the these District. No such changes, additions or alterations shall be made without the consent of the District, which shall not be unreasonably withheld or conditioned. The County will provide the District access to the County's Law Enforcement Computer System to facilitate Law Enforcement Officers requests for warrant information. The County agrees to pay and the District agrees to accept as compensation for the services provided a flat fee of Seven Hundred Thirty -Four Thousand Seven Hundred Forty -Two and NO /100 Dollars ($734,742.00), payable in twelve monthly installments. Should additional or expanded services be requested by the County during the term of this Agreement, the parties agree to adjust the fee to accommodate such change. The County shall pay the full amount due within thirty days of the County Auditor's receipt of an invoice from the District. All payments shall be subject to TEX. GOVT CODE ANN. § 2251 .0001, et, seq, ( "Texas Prompt Payment Act "). Should there arise any dispute, disputed amounts shall be deposited in a mutually agreed upon escrow account until a resolution. Brazos County Emergency Communications District (911) Agreement Page 1 of 4 Vol. f f Pg. 02 0 ` The District shall encumber and hold in reserve a fund equal to three (3) months operating expenses. This reserve balance shall be reported to the Board of Managers on the District's monthly financial statements. All records relating to the service provided under this Agreement and supporting documentation for invoices submitted to Brazos County by the District shall be retained and made available by the District for audit by Brazos County, its 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 District 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, District shall comply with such changes. Brazos County shall inform the District in writing of the retention periods established by State and federal law applicable to such records and shall provide written notice if changes occur to such retention requirements. If an audit is initiated before the expiration of such time periods required by state or federal law regarding retention of records, the District shall retain such records until the audit is concluded and all issues resolved. District shall provide Brazos County with copies of such audits that be conducted with respect to the Agreement. The District 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 Agreement. The District shall repay to Brazos County the full amount received for duplicate billings, erroneous billings, false or deceptive claims. The District recognizes and agrees that Brazos County may withhold any money due and recover through any appropriate method any money erroneously paid under this Agreement if evidence exists of less than full compliance with this Agreement. Annual financial statements (audited if available) are due to Brazos County within six (6) months of completion. The County acknowledges that, in the course of acting as the dispatching authority for the County, the District creates Computer Aided Dispatch ( "CAD ") records. However, the District shall not act as and is not contractually designated hereby as the custodian of these CAD records. All requests received by the District, in accordance with the Public Information Act Texas Government Code § 552, for CAD records relative to dispatching for the County as set forth herein, regardless of the form of such request shall be forwarded immediately to the attention of the Office of the Brazos County Judge, Public Information Officer, 200 So. Texas Ave„ Suite 332, Bryan, TX 77803, for processing and response. The County shall indemnify and hold harmless the District from and against any and all claims, demands, damages, penalties and causes of action relative to such records requests and the responses thereto. The District shall maintain an electronic version of the CAD records for a period of seven (7) years. District employees shall not be considered as County employees. The County and the District understand and agree to be subject to all the laws, ordinances and regulations which govern and affect Emergency Communications Dispatching and National Crime Information Computer network telecommunications as promulgated by the State of Texas or the United States Government or any of its appropriate agencies, such as the Texas Department of Public Safety or the Federal Bureau of Investigation. This agreement is made in accordance with TEX. HEALTH & SAFETY CODE ANN. § 772.101 et. seq., ( "9 -1 -1 Emergency Number Act "). Brazos County Emergency Communications District (911) Agreement Page 2 of 4 Vol. 15/ Pg c;2 D3 Each of the parties to this Agreement agrees to hold the other harmless to the extent of its respective duties undertaken herein and/or for any and all claims of whatsoever nature or kind, which may arise as a result of that party's fulfillment of this Agreement. Each party hereby empowers and authorizes its Chief Administrative Officer to be signatory agent for any required documentation to implement the intent of this Agreement. This Agreement contains all of the commitments and covenants of the parties and any oral or written promises not contained herein shall have no force or effect to alter any term or condition of this Agreement. This Agreement may be terminated by either party upon ninety (90) days advance written notice to the non - terminating party as set forth below. In the event of termination, the fee payable by the County to the District shall be pro -rated to the date of termination. All notices sent pursuant to this Agreement shall be in writing and may be hand delivered or sent registered or certified mail, postage prepaid, return receipt requested to each party as set below: Brazos County Emergency Communications District Executive Director PO Box 911 Bryan, Texas 77806 Brazos County Commissioners Court County Judge 200 South Texas Ave, Suite 310 Bryan, Texas 77803 No officer, employee or agent of the Brazos County Commissioners Court and no member of its governing body shall participate in any decision relating to this Agreement which affects or conflicts with his /her personal interest or have any personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. The parties expressly agree that no provision of this Agreement is in any way intended to constitute a waiver or any immunities from suit or from liability that the Brazos County has by operation of law. Nothing in this Agreement is intended to benefit any third party beneficiary. This Agreement may only be modified or amended in writing by the mutual consent of the Parties with said modification being attached to and incorporated into this Agreement by this reference for all purposes. SIGNED this day of nabber , 2011. [SIGNATURES TO FOLLOW ON NEXT PAGE] Brazos County Emergency Communications District (911 ) Agreement Page 3 of 4 VOL IS/ pg. ap+ BRAZOS COUI�EMERGENCY COMMUNICATIONS DISTRICT Ronald (;, IlrlayWOrm, a man Boar — Wagers ATTEST. Gre a Norton, Recording Secretary BRAZOS COUNTY, TEXAS Duane Peters, Brazos County Judge ATTEST: Karen McQueen, Brazos Cou y Clerk Brazos County Emergency Communications District (911) Agreement Page 4 of 4 pg. AGREEMENT FOR FUNDING THIS AGREEMENT FOR FUNDING ( "Agreement ") is entered into this _day of September, 2011, by and between BRAZOS COUNTY, Texas ( "County ") and the Brazos County Emergency Communications District ( "District "), pursuant to the authority TEX. GOVT CODE ANN. Chapter 791 ( "Texas Interlocal Government Cooperation Act'). RECITALS WHEREAS, pursuant to TEX. HEALTH § SAFETY CODE ANN. § 772.301, et. seq., ( "Emergency Telephone Number Act "), the District has been formed and is a political subdivision of the State of Texas; and, WHEREAS, Brazos County is a political subdivision of the State of Texas authorized to enter into interlocal cooperative governmental agreements; and, WHEREAS, the Brazos County Commissioners in public meeting found that it is mutually beneficial for the County and the District to enter into an agreement for the District to perform for the County, Emergency Communications Services Dispatching; WHEREAS, the District is willing to perform such services on behalf of the County; NOW THEREFORE; IN CONSIDERATION of the mutual promises to each other made hereinafter, the undersigned parties agree as follows: AGREEMENT Effective October 1, 2011 the District is hereby appointed the emergency communications dispatching authority for the Brazos County Sheriff's Office, the Brazos County Constables and the Volunteer Fire Departments for the period October 1, 2011, through and including September 30, 2012. The District shall, in dispatching emergency service units of the County, do so in accordance with the policies and procedures developed by the Sheriff's office, the Brazos County Constables and the Volunteer Fire Departments to respond to such directives. Any changes, alterations or revisions of such policies and procedures by any of these County offices during the term of the Agreement shall be made in consultation with the District. No such changes, additions or alterations shall be made without the consent of the District, which shall not be unreasonably withheld or conditioned. The County will provide the District access to the County's Law Enforcement Computer System to facilitate Law Enforcement Officers requests for warrant information. The County agrees to pay and the District agrees to accept as compensation for the services provided a flat fee of Seven Hundred Thirty -Four Thousand Seven Hundred Forty -Two and NO /100 Dollars ($734,742.00), payable in twelve monthly installments. Should additional or expanded services be requested by the County during the term of this Agreement, the parties agree to adjust the fee to accommodate such change. The County shall pay the full amount due within thirty days of the County Auditor's receipt of an invoice from the District. All payments shall be subject to TEX. GOVT CODE ANN. § 2251.0001, et. seq. ( "Texas Prompt Payment Act"). Should there arise any dispute, disputed amounts shall be deposited in a mutually agreed upon escrow account until a resolution. Brazos County Emergency COn1171unicaflons District (911) Agreement Page I of 4 Vol. ___ 151 pg. )6(,p The District shall encumber and hold in reserve a fund equal to three (3) months operating expenses. This reserve balance shall be reported to the Board of Managers on the District's monthly financial statements. Ail records relating to the service provided under this Agreement and supporting documentation for invoices submitted to Brazos County by the District shall be retained and made available by the District for audit by Brazos County, its 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 District 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, District shall comply with such changes. Brazos County shall inform the District in writing of the retention periods established by State and federal law applicable to such records and shall provide written notice if changes occur to such retention requirements. If an audit is initiated before the expiration of such time periods required by state or federal law regarding retention of records, the District shall retain such records until the audit is concluded and all issues resolved. District shall provide Brazos County with copies of such audits that be conducted with respect to the Agreement. The District 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 Agreement. The District shall repay to Brazos County the full amount received for duplicate billings, erroneous billings, false or deceptive claims. The District recognizes and agrees that Brazos County may withhold any money due and recover through any appropriate method any money erroneously paid under this Agreement if evidence exists of less than full compliance with this Agreement. Annual financial statements (audited if available) are due to Brazos County within six (6) months of completion. The County acknowledges that, in the course of acting as the dispatching authority for the County, the District creates Computer Aided Dispatch ( "CAD ") records. However, the District shall not act as and is not contractually designated hereby as the custodian of these CAD records. All requests received by the District, in accordance with the Public Information Act Texas Government Code § 552, for CAD records relative to dispatching for the County as set forth herein, regardless of the form of such request shall be forwarded immediately to the attention of the Office of the Brazos County Judge, Public Information Officer, 200 So. Texas Ave., Suite 332, Bryan, TX 77803, for processing and response. The County shall indemnify and hold harmless the District from and against any and all claims, demands, damages, penalties and causes of action relative to such records requests and the responses thereto. The District shall maintain an electronic version of the CAD records for a period of seven (7) years. District employees shall not be considered as County employees. The County and the District understand and agree to be subject to all the laws, ordinances and regulations which govern and affect Emergency Communications Dispatching and National Crime Information Computer network telecommunications as promulgated by the State of Texas or the United States Government or any of its appropriate agencies, such as the Texas Department of Public Safety or the Federal Bureau of Investigation. This agreement is made in accordance with TEX. HEALTH & SAFETY CODE ANN. § 772.901 et. seq., ( °9 -1 -1 Emergency Number Act "). Brazos County Emergency Communications District (911) Agreement Page 2 of 4 Vol.---L51 Pg. J 0 � Each of the parties to this Agreement agrees to hold the other harmless to the extent of atsoever natu its respective duties undertaken herein and /or for any and all claims of wh re or kind, which may arise as a result of that party's fulfillment of this Agreement. Each party hereby empowers and authorizes its Chief Administrative Officer to be signatory agent for any required documentation to implement the intent of this Agreement. This Agreement contains all of the commitments and covenants of the parties and any oral or written promises not contained herein shall have no force or effect to alter any term or condition of this Agreement. This Agreement may be terminated by either party upon ninety (90) days advance written notice to the non - terminating party as set forth below. In the event of termination, the fee payable by the County to the District shall be pro -rated to the date of termination. All notices sent pursuant to this Agreement shall be in writing and may be hand delivered or sent registered or certified mail, postage prepaid, return receipt requested to each party as set below: Brazos County Emergency Communications District Executive Director PO Box 911 Bryan, Texas 77806 Brazos County Commissioners Court County Judge 200 South Texas Ave, Suite 310 Bryan, Texas 77803 No officer, employee or agent of the Brazos County Commissioners Court and no member of its governing body shall participate in any decision relating to this Agreement which affects or conflicts with his /her personal interest or have any personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. The parties expressly agree that no provision of this Agreement is in any way intended to constitute a waiver or any immunities from suit or from liability that the Brazos County has by operation of law. Nothing in this Agreement is intended to benefit any third party beneficiary. This Agreement may only be modified or amended in writing by the mutual consent of the parties with said modification being attached to and incorporated into this Agreement by this reference for all purposes. SIGNED this day of _0n&Y_( ` _ 2011 [SIGNATURES TO FOLLOW ON NEXT PAGE] Brazos County Emergency Communications District (911) Agreement Page 3 of 4 � j a ©9 Vol. i' J 1 Pg. BRAzos CO MERGENCY COMMUNICATIONS DISTRICT Ronaldt. Mayworm, Cha man Board of Wagers ATTEST: G Greta Norton, Recording Secretary (RRAZQ.S COUNTY, TEXAS Duane Peters, Brazos County Judge ATTEST: c � Karen McQueen, CBrazos County Clerk Brazos County Emergency Communications District (911) Agreement Page 4 of 4 Vol. 16/ pg. °? O 16 FUNDING AGREEMENT BETWEEN BRAZOS COUNTY AND HEALTH FOR ALL, INC. THIS FUNDING AGREEMENT ( "Agreement") effective October 1, 2011 is entered into by and between Brazos County, Texas, acting by and through its duly elected County Commissioners (hereinafter "County "), and the Health for All, Inc. (hereinafter "Service Provider "), located at 1328 Memorial Drive, Bryan, Texas 77802, RECITALS WHEREAS, the medical care of the County's eligible indigent population has become a growing problem; and WHEREAS, pursuant to Chapter 61 County is the payor of last resort for the eligible indigent county residents; and of the Texas Health and Safety Code, the provision of basic health care services to WHEREAS, the County is required by Chapter 61 of the Health and Safety Code to provide, as a payor of last resort, certain basic health care assistance to its eligible count residents and desires to do so through the Service Provider, NOW THEREFORE the parties agree to the following terms and conditions to provide such eligible indigent health care. AGREEMENT Term The Agreement shall continue in force and effect for a term of twelve (12) months commencing on the 1st day of October, 2011 and terminating 30th day of September, 2012. Cancellation This Agreement may be canceled by any of the parties hereto upon sixty (60) days written notice as provided herein. Services to be Performed by Service Provider Service Provider shall provide the following services through trained, staff to qualified county residents pursuant to the guidelines currently implemented for making such determination: physical exams, educational information, information on sources of prescription medication and/or access to "sample" or subsidized medications, coordination of physician care during hospitalization (collectively "Services "). Health For All Agreement Page Y of 1 S Voi• S f fig. , / 0 Use of County Funds Funds to be furnished to Service Provider as stated below shall be used provide a Patient Care Director (patient care services coordinator) and a clinic nurse. The County and Service Provider acknowledge that the County's purpose in providing funds hereunder is to provide medical assistance to eligible indigent applicants and that trained personnel of Service Provider is designed to accomplish that goal. County's Payment The County agrees to provide the Service Provider a maximum sum of L25,000.00 ( "Funds ") for the term of this Agreement. This sum shall be paid quarterly. Responsibilities of Service Provider Service Provider will be responsible for providing the following Services pursuant to this Agreement: Completing all necessary application forms to potentially eligible indigent individuals. 2. Obtaining and compiling information on each applicant for Service Provider's Services with regard to residency and financial qualifications. 3. Maintaining this Agreement. 4. Provision of the Service Provider's Services as defined herein. 5. Maintaining data files on clients /patients and the Services provided thereto. 6. Responding to all and any inquiries by the County regarding the Service Provider and its Services. 7. Assisting the County with information needed for audit purposes. 8. Providing the County with quarterly financial statements. 9. Providing the County with any and all certified audits of Service Provider and the management letter prepared in connection therewith. 10. Providing financial statements evidencing how County funds are spent. Such statements to be submitted to County one (1) week prior to the funding dates set forth herein above. Health For All Agreement vol. ),5 1 pg. V o"? II Page 2 of 15 11. Providing the County with statistics evidencing the number of Brazos County residents using the Service Provider's Services and the percentage Brazos County residents comprise of the total population using Service Provider's services. Record Retention The Service Provider shall be responsible for record keeping on all Services provided to those individuals using its services and all financial records. The Service Provider agrees to maintain and make available for inspection by the County upon request, consistent with personal privacy, and subject to the limitation of state law, any and all records the County determines, in its sole discretion, to be necessary for the County to justify its continued participation in supporting the Service Provider with funding. Such records shall be retained for at least three (3) years from the date the service was provided. These records shall be made available for inspection and audit by the County, if it so desires. Accounting and Audit The Service Provider agrees that County, or its .designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. The Service Provider agrees to maintain such records for possible audit for a minimum of three (3) years after the termination date of this Agreement, unless a longer period of records retention is stipulated. The Service Provider agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. The Service Provider agrees that County, or its designated representative, shall further have the right to review and to copy any records and supporting documentation for prior years in which County provided funds to the Service Provider under prior Agreements. Any audit will be conducted by County personnel or an independent third party, as determined by the Brazos County Commissioners Court. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the Service Provider. Discrimination The Service Provider shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Service Provider shall take affirmative action to ensure that applicants who are employed are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rated of pay or other forms of compensation; and selection for training, including apprenticeship. The Service Provider agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the Health For All Agreement VOL 15 pg. Page 3 of 1 S provisions of this nondiscrimination clause. Confidentiality The Service Provider shall comply with applicable local, State and Federal statutes, laws and regulations as well as administrative rules regarding confidential records or other information obtained by the Service Provider concerning persons served under this Agreement. The records and information shall be protected by the Service Provider from unauthorized disclosure. Health Insurance Portability and Accountability Act The Service Provider certifies that it is in compliance with the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Public Law No. 104 -191, 45 CFR Parts 160, 162 and 164, the Social Security Act 42 U.S.C. 1320d -2 through 1320d -7, in that such Service Provider May not use or disclose protected health information other than as permitted or required by law and agrees to use appropriate safeguards to prevent use or disclosure of the protected health information. The Service Provider shall maintain for a minimum of six (6) years all protected health information. Indemnity The Service Provider agrees to and shall indemnify and hold harmless and defend the County, its officers, agents, and employees from and against any and all claims, losses, damages, causes of action, suits, and liability of any kind, including claims of respondent superior or vicarious liability, including all expenses of litigation, court costs, and attorney's fees, for injury to or death of any person or any breach of Agreement arising out of or in connection with any work done by the Service Provider pursuant to this Agreement. Insurance Each party to this agreement is responsible for maintaining its own liability insurance and worker's compensation insurance, and each party will provide proof of same to the other party on request. The Service Provider shall maintain during the term of this Agreement a $1,000,000.00 malpractice insurance policy and a General Liability Policy of $1,000,000.00 naming Brazos County, as an additional insured. Such coverage shall be designated as primary over any coverage Brazos County may have in force. Service Provider shall provide a Certificate of Insurance for both policies which shall provide for a fifteen (15) days advance notice to County of the cancellation of such policy. Independent Contractor In all activities or Services performed hereunder, the Service Provider is an independent contractor, and not an agent or employee of the County. The Service Health For All Agreement Page 4 of 15 Vol . 15/ pg, 02.1 3 m Provider, as an independent contractor, shall be responsible for all medical services provided and medical decisions made pursuant to the terms of this Agreement. The Service Provider shall supply all materials, equipment and labor required for providing of medical services as required herein. The Service Provider shall have ultimate control over the execution of the work under this Agreement. County shall have no control over any decision, recommendation, or action taken by the Service Provider pursuant to this Agreement. The County assumes no liability for actions of the Service Provider under this Agreement, including, but not limited to, the negligent acts and omissions of Service Provider's agents, employees and subcontractors in their performance of the Service Provider's duties as described under this Agreement. The Provider agrees to hold harmless Brazos County against any and all liability, loss, damage, cost or expenses, including attorney's fees, arising from the intentional torts, negligence or breach of Agreement of the Service Provider, with the exception of acts performed in conformance with an explicit, written directive of the County, through its authorized agents. The Service Provider may not subcontract any portion of this Agreement nor delegate any duties hereunder without prior written approval by Brazos County. In emergencies, the Service Provider will request approval in writing within at least (24) twenty -four hours of the use of a subcontractor to fulfill any obligations of this Agreement. Licensinq The Service Provider is required to maintain all applicable licensing permits to practice medicine. All permits to or certification necessary to operate the Provider's clinics shall also be maintained. Copies of any applicable licenses are to be filed with Brazos County. Events of Default: The following shall be considered events of default: a. Failure to maintain license to practice medicine or any restrictions being placed upon such license by the Texas State Board of Medicine making the providing of services hereunder impossible or difficult. b. Failure to maintain all permits and licenses necessary to keep Service Provider's clinics in operation. c. Cancellation of Service Provider's medical malpractice insurance. Health For All Agreement vo1, pg. oC / Page S of 1 S Upon an event of default, the County may terminate this Agreement on three (3) days written notice mailed by certified mail return receipt requested to the address listed below. Right of Audit and Monitoring Service Provider agrees that County, or its designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Service Provider agrees to maintain such records for possible audit for a minimum of three (3) years after the termination date of this Agreement, unless a longer period of records retention is stipulated. Service Provider agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Service Provider agrees that County, or its designated representative, shall further have the right to review and to copy any records and supporting documentation for prior years in which County provided funds to the Service Provider under prior Agreements. Any audit will be conducted by County personnel or an independent third party, as determined by the Brazos County Commissioners Court. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the Service Provider. Venue and Governing Law The venue of this Agreement is Brazos County, Texas, and this Agreement shall be governed by and in accordance with the laws of the State of Texas. Notices All notices required to be given hereunder shall be deemed to be duly given by delivering such notice or by mailing it, registered mail to the other party at the following addresses: Health for All, Inc. C/O Executive Director 1328 Memorial Drive Bryan, Texas 77802 Further Assurances Brazos County C/O Commissioners Court 200 S. Texas Ave., Suite 310 Bryan, Texas 77803 Each party hereto agrees to perform any further acts and to execute and deliver any further documents which may be necessary to carry out the provisions of this Agreement. Health For X ll Agreement page 6 of is i1ol. P g � f Severability In the event that any of the provisions or portions thereof, of this Agreement, are held to be unenforceable or invalid by any court of competent jurisdiction, the validity and enforceability of the remaining provisions or portions thereof shall not be affected thereby. Amendments This Agreement may be modified or amended at any time during its term by mutual consent of the parties, expressed in writing, and signed by the parties. Waiver No failure of Brazos County to assert any right or remedy hereunder will act as a waiver of its right to assert such right or remedy at a later time nor constitute a "course of business" upon which Service Provider may rely, for the purpose of denial of such a right or remedy to Brazos County. Prior Notification The Service Provider agrees to notify Brazos County prior to issuing public announcements or press releases concerning work done pursuant to this Agreement, or funded in whole or in part by this Agreement, and to cooperate with Brazos County in joint or coordinated releases of information. Notice of Change The Service Provider shall give thirty (30) days prior written notice to Brazos County, if there is a change in the Service Provider's legal status, federal employer identification number (FEIN) or address. Brazos County reserves the right to take any and all appropriate action. The Service Provider agrees to hold harmless Brazos County for any acts or omissions by the County resulting from the Service Provider's failure to notify of these changes. In the event Service Provider becomes a party to any litigation, investigation or transaction that may reasonably be considered to have a material impact on its ability to perform under this Agreement, the Service Provider will immediately notify Brazos County in writing. 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. Health For All Agreement Vol. 5 j pg. I iy Page 7 of l5 Sovereign Immunity This Agreement is expressly made subject to Brazos County's Sovereign Immunity, Title 5 of the Texas Civil Practices and Remedies Code, and all applicable Federal and State law. The parties expressly agree that no provision of this Agreement is in any way intended to constitute a waiver or any immunities from suit or from liability that the Brazos County has by operation of law. Nothing in this Agreement is intended to benefit any third party beneficiary, Assignability This Agreement is not assignable by the Service Provider without the prior written consent of the County. Fiscal Funding Clause Notwithstanding any provisions contained herein, the obligations of the County under this Agreement are expressly contingent upon the availability of funding for each item and obligation contained herein for the term of the Agreement and any extensions thereto. The Service Provider or any other person or entity directly or indirectly employed by the Service Provider or any other person or entity to whom the Service Provider may be liable to, shall have no right of action against the County in the event the County is unable to fulfill its obligations under this Agreement as a result of lack of sufficient funding for any item or obligation from any source utilized to fund this Agreement or failure to budget or authorize funding for this Agreement during the current or future fiscal years. In the event that the County is unable to fulfill its obligations under this Agreement as a result of lack of sufficient funding, or if funds become unavailable, the County may, in its sole discretion, provide funds from a separate source or may, in its sole discretion, terminate this Agreement by written notice to the Service Provider at the earliest possible time under the circumstances. Entire Agreement This Agreement contains the entire understanding between the parties hereto concerning the subject matter contained herein. There are no representations, agreements, arrangements, or understandings, oral or written, between or among the parties hereto, relating to the subject matter of the Agreements, which are not fully expressed herein. In witness whereof, the parties hereto have caused this Agreement to be executed by their duly authorized representatives. Health For All.tgreement Vo1. 1 5/ pg. c 2 f% Page 8 of 15 SERVICE PROVIDER i t Health for All, Inc. Derek Dictson, Exec. Dir. BRAZOS COUNTY, TEXAS Sept. 29, 2011 Date Duane Peters Date County Judge ATTEST: Karen McQueen, County Clerk Health For Allllgreement Vol. 16 ( pg. Page 9 of is 02 S BRAZOS COUNTY BUSINESS ASSOCIATE AGREEMENT A. Acknowledament of_HIPAA Obligations and Other Regulations Implementing the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. 41320(d1 " HIPAA" . The parties acknowledge that federal regulations relating to the confidentiality of individually identifiable health information require covered entities to comply with the privacy standards adopted by the U.S. Department of Health and Human Services as they may be amended from time to time, 45 C.F.R. parts 160 and 164, subparts A and E ( "the Privacy Rule ") and the security standards adopted by the U.S. Department of Health and Human Services as they may be amended from time to time, 45 C.F.R. parts 160, 162 and 164, subpart C (°the Security Rule "). Collectively, the Privacy Rule and the Security Rule are referred to herein as " HIPAA Rules." The HIPAA Rules, as well as any applicable state confidentiality laws, require Covered Entity to ensure that business associates who receive confidential information in the course of providing services on behalf of Covered Entity comply with certain obligations regarding the confidentiality of health information. "Covered Entity" and "Business Associate" are defined in the HIPAA Rules, and for the purposes of this Agreement, shall refer to Brazos County and Service Provider, respectively. B. Purposes for which Protected Health Information May Be Used or Disclosed. In connection with the services provided by Business Associate on behalf of Covered Entity pursuant to this Agreement, Covered Entity may use and disclose protected health information ( "PHI "), as defined in the HIPAA Rules. C. Business Associate Obligations. Business Associate agrees to comply with applicable federal and state confidentiality and security laws, including, but not limited to the Privacy Rule and Security Rule, including without limitation: Use of Protected Health Information ( "PHI "). Business Associate shall not use PHI except as necessary to fulfill the purposes of this Agreement. Business Associate is permitted to use and disclose PHI as necessary for the proper management and administration of Business Associate or to carry out its legal responsibilities and its responsibilities under this Agreement. However, Business Associate shall in such case: (a) provide training to members of its workforce regarding the confidentiality requirements in the HIPAA Rules and this Agreement; (b) obtain reasonable assurances from the person to whom the information is disclosed that it will be held confidential and further used and disclosed only as required by law or for the purpose for which it was disclosed to the person or entity; Health For All Agreement Page 10 of 15 vol. ll 51 ��. a f q (c) agree to notify the Covered Entity of any instances of which it is aware in which the PHI is used or disclosed for a purpose that is not otherwise provided for in this Agreement or for a purpose not expressly permitted by the HIPAA Rules; and (d) ensure that all disclosures of PHI are subject to the principle of "minimum necessary use and disclosure," i.e., only PHI that is the minimum necessary to accomplish the intended purpose of the use, disclosure, or request may be disclosed. 2. Disclosure to Third Parties. If Business Associate discloses PHI received from Covered Entity, or created or received by Business Associate on behalf of Covered Entity, to agents, including a subcontractor, Business Associate shall require the agent to agree to the same restrictions and conditions that apply to Business Associate under this Agreement. Business Associate shall ensure that any agent, including a subcontractor, agrees to implement reasonable and appropriate safeguards to protect the confidentiality, integrity, and availability of the electronic PHI that it creates, receives, maintains, or transmits on behalf of the Covered Entity. Business Associate shall be fully liable to Covered Entity for any acts, failures or omissions of the Agent in providing the services as if they were Business Associate's own acts, failures or omissions, to the extent permitted by law. Business Associate further expressly warrants that its Agents will be specifically advised of, and will comply in all respects with, the terms of this Agreement. 3. Data Aggregation. In the event that Business Associate works for more than one Covered Entity, Business Associate is permitted to use and disclose PHI, but only in order to analyze data for permitted health care operations, and only to the extent that such use is permitted under the HIPAA Rules or the issuing court's orders. 4. De- identified Information. Use and disclosure of de- identified health information is permitted, but only if (i) the precise use is disclosed to Covered Entity and permitted by Covered Entity in its sole discretion and (ii) the de- identification is in compliance with 45 CFR §164.502(d), and any such de- identified health information meets the standard and implementation specifications for de- identification under 45 CFR §164.514(a) and (b). 5. Notice of Privacy Practices. Business Associate shall abide by the limitations of any Notice of Privacy Practices ( "Notice ") published by the Covered Entity of which it has knowledge. Covered Entity shall provide to Business Associate such Notice when it is adopted. Any use or disclosure permitted by this Agreement may be amended by such Notice. However, the amended Notice shall not affect permitted uses and disclosures on which Business Associate relied prior to such notice. Health For,411,4greement Page 11 of 15 Vol. �� pg. a ,� D A court orders overnin the Business Associate's gyres onsibielities of the use or disclosure of PHI in this agreement is based u on an individual's specific consent or authorization for the use of his or her PHI and the individual revokes such consent or authorization in writing, or the effective date of such authorization has ex ired or the consent or authorization is found to be defective in an manner that renders it invalid Business L. Associate shall if it has notice of such revocation ex iration or invalidity, to cease the use and disclosure of any such individual's PHI exce # to the extent it has relied on such use or disclosure or where an exce tion under the Privacy Rule expressly apulies 7. Use or Disclosure That Would Violate HIPAA. Business Associate is prohibited from further use or disclosure of PHI in a manner that would violate the requirements of the HIPAA Rules if the PHI were used or disclosed by the Covered Entity. 8. Safeguards. Business Associate shall maintain appropriate safeguards to ensure that PHI is not used or disclosed other than as provided by this Agreement or as Required by Law. Business Associate shall implement administrative, physical and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of any electronic PHI it creates, receives, maintains, or transmits on behalf of Covered Entity, 9. Records Management. Upon termination of this Agreement, Business Associate agrees to return or destroy all PHI received from Covered Entity that Business Associate maintains in any form and shall comply with federal and state laws as they may be amended from time to time governing the maintenance or retention of PHI. If the return or destruction of PHI is not feasible, Business Associate agrees to extend the protections of this Agreement to the information and limit further uses and disclosures to those purposes that make the return or destruction of the information infeasible. 10. Individual Rights Regarding Designated Record Sets If Business Associate maintains a designated record set (as defined in the HIPAA Rules) on behalf of Covered Entity, Business Associate agrees as follows: (a) Correction of PHI. Business Associate agrees that it will amend PHI maintained by Business Associate as requested by Covered Entity. (b) Individual Right to Copy or Inspection. Business Associate agrees that, if it maintains PHI in a designated record set for the Covered Entity, it will permit an individual to inspect or copy PHI about the individual in that set under conditions and limitations required under Health For All Agreement Page 12 of 15 Vol. 5 j pg. 02 J 45 CFR §164.524. The Covered Entity is required to take action on such requests as soon as possible but not later than 30 days following receipt of the request. Business Associate agrees to make reasonable efforts to assist Covered Entity in meeting this deadline, to the extent the requested information is maintained by Business Associate and not the Covered Entity. The information shall be provided in the form or format requested, if it is readily producible in such form or format; or in summary, if the individual has agreed in advance to accept the information in summary form. A reasonable, cost -based fee for copying health information may be charged. (c) Individual Right t 8mendment . Business Associate agrees, if it maintains PHI in a designated record set, to make amendments to PHI at the request and direction of Covered Entity pursuant to 45 CFR §164.526. If Business Associate maintains a record in a designated record set that is not also maintained by Covered Entity, Business Associate agrees that it will accommodate an individual's right to have access to and amend PHI about the individual in a designated record set in accordance with the Privacy Rule set forth at 45 CFR §164.526, unless the regulation provides for a denial or exception that applies. 11. Accounting of Disclosures. Business Associate agrees to make available to the individual and /or the Covered Entity from whom the PHI originated, information required for an accounting of disclosures of PHI with respect to the individual, in accordance with 45 CFR §164.528, and incorporating exceptions to such accounting designated under the regulation. Such accounting is limited to disclosures that were made in the six (6) years prior to the request (not including any disclosures prior to the compliance date of the Privacy Rule). (a) Covered Entity is required to take action on such requests as soon as possible but not later than 60 days following receipt of the request. Business Associate agrees to use its best efforts to assist Covered Entity in meeting this deadline. (b) Such accounting must be provided without cost to the individual or Covered Entity if it is the first accounting requested by an individual within any 12 month period; however, a reasonable, cost -based fee may be charged for subsequent accountings if Business Associate informs the individual in advance of the fee and is afforded an opportunity to withdraw or modify the request. (c) Such accounting shall be provided as long as Business Associate maintains the PHI. Health For All Agreement Page 13 of 15 Vol. 1 51 pg. a -;� 11-k D. Internal Practices Books and Records. Business Associate shall make available its internal practices, books, and records relating to the use and disclosure of PHI received from, created, or received by Business Associate on behalf of the Covered Entity to the U.S. Department of Heath and Human Services or its agents for the purpose of determining the Covered Entity's compliance with the HIPAA Rules, or any other health oversight agency, or to the Covered Entity. E. Indemnification. To the extent permitted by law, Business Associate agrees to indemnify and hold harmless Covered Entity from and against all claims, demands, liabilities, judgments or causes of action of any nature for any relief, elements of recovery or damages recognized by law (including, without limitation, attorney's fees, defense costs, and equitable relief), for any damage or loss incurred by Covered Entity arising out of, resulting from, or attributable to any acts or omissions or other conduct of Business Associate or its agents in connection with the performance of Business Associate's or its agents' duties under this Agreement. This indemnity shall apply even if Covered Entity is alleged to be solely or jointly negligent or otherwise solely or jointly at fault; provided, however, that a trier of fact finds Covered Entity not to be solely or jointly negligent or otherwise solely or jointly at fault. This indemnity shall not be construed to limit Covered Entity's rights, if any, to common law indemnity. Covered Entity shall have the option, at its sole discretion, to employ attorneys selected by it to defend any such action, the costs and expenses of which shall be the responsibility of Business Associate. Covered Entity shall provide Business Associate with timely notice of the existence of such proceedings and such information, documents and other cooperation as reasonably necessary to assist Business Associate in establishing a defense to such action. These indemnities shall survive termination of this agreement and Covered Entity reserves the right, at its option and expense, to participate in the defense of any suit or proceeding through counsel of its own choosing. F. Mitigation. If Business Associate violates this Agreement or the HIPAA Rules Business Associate a rees to mite ate any damage caused by such breach. G. Rights of Proprietary Information The Covered Entity retains any and all rights to the proprietary information, confidential information, and PHI it releases to Business Associate. H. Termination for Breach Without limiting the termination provisions herein, if Business Associate breaches any provision in this Section entitled "Use and Disclosure of PHI ", Covered Entity may, at its option, access and audit the records of Business Associate related to its use and disclosure of PHI, require Business Associate to submit to monitoring and reporting, and such other conditions as Covered Entity may determine is necessary to ensure compliance Health For All Agreement Page 14 of 15 Vol. pg. d,-� 3 J with this Article; or Covered Entity may terminate this Agreement on a date specified by Covered Entity. Reference. Any reference in this Section entitled "Use and Disclosure of PHI" means the section of the Priw-n-, m..i., __ L� ,. effector as amended. as is necessary to amend this Section entitled "Use and Disclosure of PHI" from time to time in order to allow CovPrPr! Pnflh. +- aany applicable state confidentiality laws K. Precedent and Ambiguity. If any term of this Section entitled "Use and U'sclOsure of PHI" conflicts with another term of this Agreement, the term contained in this Section shall be controlling. Any ambiguity in this Section entitled "Use and Disclosure of PHI" shall be resolved to permit Covered Entity to comply with the HIPAA Rules. �• Survival of Key Provisions The provisions of this Section entitled "Use and Disclosure of PHI" shall survive the termination of this A reement. Accepted: ` Digitally signed by Derek Dictson Date: 2011.09.27 21:02:11 - 05'00' Business Associate Health For ,411 Agreement ✓' Pg. ^ Lrge 15 of 15 DEPARTMENT: MEETING DATE: SUBJECT: BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM Road & Bridge October 4, 2011 Right -of -Way Abandonment Consider and take action to close, vacate and abandon portion of the original, now unused public right -of -way of Rabbit Lane. Roadway has been rerouted for safety reasons, therefore there is no public interest served by retaining the original right -of- way. This portion of abandoned right -of -way is located in the Moses Baine Survey, A -3 and L. McLaughlin Survey, A -3$. Site is located in Precinct 2. The following supporting documentation is attached for reference: • Court Order • Exhibit A • Exhibit B • Exhibit C • Exhibit D SUBMITTED BY: J V. Salvato Right of Way Agent APPROVED BY: Sammy Catalena Commissioner Precinct 2 This request is CD/APPROVED q / DENIED El by Commissioners' Court Duane Peters, County Judge DATE: I[ J j`/ it Vol. 5 l pg. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS ORDER NO. RE: CONSIDER AND TAKE ACTION TO CLOSE, VACATE AND ABANDON A PORTION OF RIGHT -OF -WAY IN L. MCLAUGHLIN SURVEY, A -38 AND THE MOSES BAINE SURVEY, A -3 (PRECINCT 2) TION BY TG� 6b ,SECONDED BY Im '16 &Mw —. that the following action be taken by the Commissioners Court: WHEREAS, Rabbit Lane, a public right -of -way, portions of which are located in the L.McLaughlin Survey, A -38 and the Moses Baine Survey, A -3, in Brazos County, has been rerouted for safety reasons; and WHEREAS, a new right -of -way for the rerouted portion of Rabbit Lane has been identified; and WHEREAS, the Court finds that no apparent public interest would be served by retaining the original right -of -way. NOW, THEREFORE, IT IS HEREBY ORDERED by the Commissioners Court of Brazos County, Texas, to abandon certain portions of what was known as Rabbit Lane, as shown on Exhibit A, and that the course of Rabbit Road has changed such that the portions of Rabbit Lane no longer utilized as a right of way should be abandoned and, pursuant to Texas Transportation Code., Section 251.058, that title to the abandoned road be conveyed to abutting landowners and that a 0.95 acre tract located in the Moses Baine Survey, A -3 be conveyed to Coralyn L. Flinn — Independent Executrix of the Estate of Vance Thurman, as described on Exhibit B, a 0.41 acre tract located in the Moses Baine Survey, A -3 be conveyed to David S. Carrabba, as described in Exhibit C, and a 0.21 acre tract located in the L. McLaughlin Survey, A -38 be conveyed to Circle X Land & Cattle Co. Ltd., as described in Exhibit D, and that a metes and bounds description of the aforementioned tracts be attached to this Court's Order of Abandonment and filed in the County Records of Brazos County, Texas, APPROVED this day of , 2011, by a vote of Jr, Ayes and Nays. [SIGNATURES TO FOLLOW ON NEXT PAGE] Vol. 16j pg. -� -2 (,p D L��Pieters, County Judge This instrument was acknowledged before me on this day of October, 2011 by Duane Peters, an individual. 4 44--s- Commis ner Lloyd Wassermann, Precinct 1 Notary Public, S to of Texas r•RrRRMRRR��,�RMRRRR�yRRrRRR r�• • ��nS7R1 ��.;� ;� Note Public •.. STATE OF TEXAS » . Comm. , 08�DEV101s This instrument was acknowledged before me on this Wassermann, an individual- day of O tober, 2011 b Lloyd Notary Public, S to of Texas +0.'Nil* ~mow +wwwrww+wwr Commissioner Sammy Catalena, ,� ' °1 Notary Put iZ Precinct 2 STATE OF TEXAS wrwrr* wwww .r, »,�,�,YRMMfr�RRwrw+�a+rw,� S4 Eakatrorn My Comm. ExP:QB%ZQ16 Ne Y Public �► This instrument was acknowledged before me on this day Sammy Catalena, an individual. of October, 2011 by *Notary blic, tate of Texas . * *•. �RRRYIMRR�Y�RRR Commissioner Ken Mallard, Notary Pu 110 Precinct 3 CTATE OF TEXAS Exp. This instrument was acknowledged before me on this ! day of 2011 b Kenny Mallard, an individual. Y Notary Public, Stat f Texas wrwrr* wwww .r, »,�,�,YRMMfr�RRwrw+�a+rw,� S4 Eakatrorn �►• a Ne Y Public �► STATE OF TEXAS "Y Comm` Ev. Maws ....0.40...w. 10. This instrument was acknowledged before me on this -C' day of October, 2011 by Irma Cauley, an individual .o z:ci� BEATRIZ D. 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Baine Survey; THENCE S 460 03'44" E along the southwest line of the beforementioned 45.663 acre tract, same being along the northeast line of Old Rabbit Lane, adjacent to a fence, for a distance of 457.97 feet to the intersection of the current (re- aligned) right -of -way fine of Rabbit Lane, same being in a curve, concave to the south, having a radius of 480.00 feet; THENCE Northwesterly along the current (re- aligned and widened) right -of -way of Rabbit Lane (70' wide right -of -way), along said curve, for an arc length of 141.81 feet to the intersection of the southwest line of Old Rabbit Lane (fence now gone), the chord bears N 670 27'38" W - 141.30 feet; THENCE along the old southwest line of Rabbit Lane, same being along the northeast and northwest line of the called 0.58 acre tract (Carrabba to Flinn described in Volume 7037, Page 76, of the Official Records of Brazos County, Texas), as follows: N 470 58' 21" W for a distance of 32.87 feet to crosstie (now gone), N 52° 32'51' W for a distance of 13.29 feet to a crosstie (leaning), N 560 13' 41" W adjacent to a fence, for a distance of 222.49 feet to a crosstie fence corner, (where said old alignment S. M. Kling turned to the southwest), S 440 09'55" W adjacent to the remnants of a fence, for a distance of 203.60 feet to a'' /z" iron rod found at the west corner Of the 0.58 acre tract, same being in the north right - of -way line of present Rabbit Lane; THENCE S 880 23' 30" W along the present right -of -way line of Rabbit Lane (70' wide right -of -way), adjacent to a fence, for a distance of 87.21 feet to a %" iron rod found at an 8" creosote post fence corner in the southeast line of the beforementioned Thurman (Flinn) - 100 acre tract; THENCE N 440 01'15" E along the southeast line of the beforementioned Thurman (Flinn) -100 acre tract, same being the northeast line of Old Rabbit Lane, along or near the northwest line of the beforementioned Saine Survey, adjacent to the remnants of a fence, for a distance of 359.26 feet to the PLACE OF BEGINNING, containing 0.95 acre of land, more or less. Prepared 09119/11 - Revised 09/27111 - aftered We block 4e IIdVffiUmzca Cuurdy- Rabbkiwv -m Tbwman e+ Flinn -D. iac.wpd KLING ENGINEERING AND SURVEYING BRYAN,TEXAS Vol, 15 Pg- C2 a2 Surveyed: September, 2011 ri�`,�:. " .i•rc. 11 Bye ".....__,� /_•� �L >,- ` S. M. Kling j ? ': ;• R. P. LS. No. 2003,-' Prepared 09119/11 - Revised 09/27111 - aftered We block 4e IIdVffiUmzca Cuurdy- Rabbkiwv -m Tbwman e+ Flinn -D. iac.wpd KLING ENGINEERING AND SURVEYING BRYAN,TEXAS Vol, 15 Pg- C2 a2 ,FXJV 3: 8I 'T C, Brazos County - Rabbit Lane to David S. Carrabba 0.41 Acre Tract Moses Baine Survey, A -3 Brazos County, Texas Field notes of a 0.41 acre tract or parcel of land, lying and being situated in the Moses Baine Survey, Abstract No. 3, Brazos County, Texas, and being part of the now unused, old right -of -way of Rabbit Lane, and said 0.41 acre tract being more particularly described as follows: BEGINNING at the %" Iron rod found in the south right -of -way line of the present alignment of Rabbit Lane at the east comer of the 0.84 acre tract (Thurman/Flinn to Carrabbe) described In Volume 7037, Page 76, of the Official Records of Brazos County, Texas, and being In the northwest line of Oki Rabbit Lane (now unused); THENCE N 880 23'30" E along the existing south right -of -way line of Rabbit Lane (70' wide right -of -way), adjacent to a fence, for a distance of 86.85 feet to a 'W iron rod found at a 9" cedar post fence comer in the northwest li ne of the David S. Carrabba - called 177.2 acre tract described in Volume 308, Page 89, of the Deed Records of Brazos County, Texas; THENCE along the fenced northwest line of the beforementioned 177.2 acre tract, same being the old (now unused) southeast line of Rabbit Lane, as follows: S 440 09'55" W for a distance of 302.13 feet to a crosstie fence S 860 18'00" W corner, for a distance of 30.31 feet to a 6" creosote post fence angle point, S 890 28' 47" W for a distance of 27.90 feet to a crosstie fence angle point, S 860 05' 53" W for a distance of 6.35 feet to an 8" creosote post fence angle point, N 590 29'4211 W for a distance of 4.99 feet to a crosstie fence angle point, N 590 40'39' W for a distance of 2.23 feet to a 12" cedar post (leaning), marking the former point at which Old Rabbit Lane turned to the northwest, same being in the southeast line of the Circle X Land & Cattle Company, Ltd. - called 2583.53 acre tract described in Volume 3961, Page 189, of the Official Records of Brazos County, Texas, and being in the northwest line of the 177.2 acre tract; THENCE N 430 25'47" E along the southeast line of the beforementioned 2583.53 acre tract, for a distance of 24.51 feet to the east corner of the 2583.53 acre tract; THENCE N 450 50' 19"W along the northeast line of the beforementioned 2583.53 acre tract, same being along the center of the old alignment of Rabbit Lane (now unused), for a distance of 8.16 feet to the south corner of the beforementioned 0.84 acre tract; THENCE N 440 01'15" E along the southeast line of the beforementioned 0.84 acre tract, same being along the northwest line of the old alignment of Rabbit Lane, same being along or near the northwest line of the beforementioned Baine Survey, at a distance of 32.0 feet, pass an 8" creosote post fence comer where the old alignment of Rabbit Lane turned to the northwest, continue on, for a total distance of 263.93 feet to the PLACE OF BEGINNING, containing 0.41 acre of land, more or less. Prepared 09/19111 —AWP- k6911.OMf l2oa County - RabbR Len• - b 02vk1 CWMbba - 0.414awpd Surveyed: September, 2011 S. M. Kling R.P.L.S. No. 2003 KLING ENGINEERING AND SURVEYING 9RYAN, TEXAS Vol. IS] Pg. .30 ,6XI/26IT Brazos County - Rabbit Lane to Circle X Land & Cattle Company, Ltd. 0.21 Acre Tract L, McLaughlin Survey, A -38 Brazos County, Texas Field notes of a 0.21 acre tract or parcel of land, lying and being situated in the L. McLaughlin Survey, Abstract No. 38, Brazos County, Texas, and being part of the now unused, old right -of -way of Rabbit Lane, and being part of the called 2583.53 acre tract described in the deed to Circle X Land & Cattle Company, Ltd., described in Volume 3961, Page 189, of the Official Records of Brazos County, Texas, and said 0.21 acre tract being more particularly described as follows: BEGINNING at the east comer of the beforementioned 2583.53 acre tract in the center of the old alignment of Rabbit Lane, (now unused); THENCE S 430 25'47" W along the southeast line of the beforementioned 2583.53 acre tract, along or near the southeast line of the beforementioned McLaughlin Survey, for a distance of 24.51 feet to a 12" cedar post (leaning - formerly a fence comer), in the southwest line of the old right -of -way of Rabbit Lane; THENCE N 460 19'46" W along the previously fenced (fence now gone), southwest line of Old Rabbit Lane (not used), for a distance of 404.66 feet to the existing south right -of -way line of Rabbit Lane, same being in a curve, concave to the north, having a radius of 515.00 feet; THENCE Southeasterly along the present south right -of -way line of Rabbit Lane (70' wide right -of -way), for an arc length of 88,79 feet to the northeast fine of the beforementioned 2583.53 acre tract, at a Y2" iron rod found at the west corner of the called - 0.84 acre tract (Flinn to Carrabba), Volume 7037, Page 76, of the Official Records of Brazos County, Texas, the chord bears S 640 13'27" E - 88.68 feet; THENCE S 450 50' 19" E along the northeast line of the beforementioned 2583.53 acre tract, same being along the center of the old alignment of Rabbit Lane, (now-unused and-old gravel travelway- gone), same- being the southwest line of the beforementioned called 0.84 acre tract, at a distance of 312.02 feet, pass the south corner of the 0.84 acre tract, continue on, for a total distance of 320.18 feet to the PLACE OF BEGINNING, containing 0.21 acre of land, more or less. Prepared 09/19/11 keel 1- dvdlBrazoa County - Rabbit Lane - to Cirde X Land Co. - 0.21 ae.wpd Surveyed: Septem ber, 2011 S. M. Kling R.P.L.S. No. 2003 KUNG ENGINEERING AND SURVEYING BRYAN TEXAS Vol. 1 ? 1 Pg. "231 BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2010 -2011. BUDGET YEAR NO. 10111 51.1 —51.3 On this the 4th day of October 2011 at a regular meeting of the Commissioners' Court, the following members were present: A. Duane Peters, County Judge, Presiding B. Lloyd Wassermann, Commissioner, Precinct 1 C. Sammy Catalena, Commissioner, Precinct 2 D. Kenny Mallard, Commissioner, Precinct 3 E. Irma Cauley, Commissioner, Precinct 4 F. Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on 4th day of October 2011 the Court heard and approved a budget amendment for the 2010-2011 budget year for Brazos County, Texas,- and WHEREAS, expenditure is necessary due to the necessity to meet unusual and unforeseen conditions which could not be reasonably included in the original budget adopted 14 September 2010, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 4th day of October 2011. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. By. - -- -- Duane Peters, County Judge Original: County Clerk's Office and Attached to the original budget Copies: County Auditor County Treasurer County Budget Officer Commissioners' Court Minutes Vol. ,51 Pg�' BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 10/11 - 51.1 r iepareif Byn #e128120 1 1 of 1 vo1. 1151 Pg. c;� 33 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 10111 - 51.2 reperet7 BY nnr< ater loft Vol. 1,31 Pg. 3 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 10/11 - 51.3 r t1i7tTr, 1 of 1 Vol. I 'S pg, - °'� —"� BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2011 -2012 BUDGET YEAR NO. 11/12 1.1-1.2 On this the 4th day of October 2011 at a regular meeting of the Commissioners' Court the following members were present: A. Duane Peters, County Judge, Presiding B. Lloyd Wassermann, Commissioner, Precinct 1 C. Sammy Catalena, Commissioner, Precinct 2 D. Kenny Mallard, Commissioner, Precinct 3 E. Irma Cauley, Commissioner, Precinct 4 F. Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on 4th day of October 2011 the Court heard and approved a budget amendment for the 2011- 2012budget year for Brazos County, Texas; and WHEREAS, expenditure is necessary due to the necessity to meet unusual and unforeseen conditions which could not be reasonably included in the original budget adopted 20 September 2011, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 4th day of October 2011. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. By: L ) 1�1�� i Duane Peters, County Judge Original: County Clerk's Office and Attached to the original budget Copies: County Auditor County Treasurer County Budget Officer Commissioners, Court Minutes Vol. 1 '5) pg. a 3 CP FUND DIV ACCT PROD DR/CR 0100 11001500 61130000 CR 0100 91110000 DR 4500 49028000 CR 4500 63000400 60500000 DR 4500 63000400 60600000 DR 4500 63000400 80281000 DR ,eneral Fund Conti BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 11112 - 1.1 10/4/2011 ACCOUNT NAME General Contingency Transfer to General Capital Improve Transfer from General Fund Building Maintenance _ Office SUDDIieS and Sanctuary Remodel - Electronic increase Decrease 18,679.00 1 8,679.00 18,679.00 538.00 141.00 18.000.00 eallocation of funds to purchase coffee pot, small refrigerator, Texas and US Presentation Flag set, dry erase board and markers, and )eakerSystem for the Jury Room in the Sanctuary parect Bq , ;, nnm loft Vol. 151 pg. c� 3.7 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 11/12 - 1.2 pared' By nnm 1of1 Vol. J S pg 033 PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: October 4, 2011 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 Promotion Auditor Bates, Amy Budget Change Cao, Thao Budget Change Conkel, Megan Budget Change Conner, Katie Budget Change Deng, Fang Budget Change Holloway, Victoria Budget Change Lozano, Rosa Budget Change Pratt, Brian Budget Change See, Magdalen Budget Change Brazos Center Davis, LaTracy New Hire Budget Office Jett, Irene Means, Nina Budget Change Budget Change Building Maintenance Stuffs, Ernest Promotion County Attorney Anderson, Justin Budget Change Bailey, Brenda Budget Change Ballard, William Budget Change Barton, Matthew Budget Change Bouis, Melissa Budget Change Burkhalter, Tammy Budget Change Coppinger, Stephanie Budget Change Dowling, Sondra Budget Change Eplen, Rebecca Budget Change Foley, Brian Budget Change Vol. S Pg. 3 cl PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: October 4, 2011 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Change Requests Department Submitting Request(s) Employee Request Applies To Action Requested Giles, Spencer Budget Change Godfrey, Kristin Budget Change Guzman, Graciela Budget Change Higginson, George Budget Change Holmes, Joshua Budget Change Matzke, William Budget Change Perez, Cyndi Budget Change Price, Richard Budget Change Thornton, Bradlee Budget Change Vasquez, Jessica Budget Change White, Meagan Budget Change District Attorney Baker, Brian Budget Change Brick, John Budget Change Capps, Kevin Budget Change Carter, Chelsea Completed Internship Carter, Melissa Budget Change Comte, Kara Budget Change Escue, Jessica Budget Change Flowers, Sierra Completed Internship Garon, Jeffrey Budget Change Goss, Jason Budget Change Howell, Doug Budget Change Hutchinson, Vernique Budget Change James, Andrea Budget Change Vol. 151 pg_ .2 WD PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: October 4, 2011 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Chanae Re Department Submitting Request(s) Employee Request Applies To Action Requested Kelley, Kirstyn Completed Internship McCune, Nathan Budget Change Parsons, Jarvis Budget Change Ponzio, Kristie Budget Change Price, Brian Budget Change Reynal, Jason Completed Internship Schwartz, Bryan Budget Change Silber, Greg Budget Change Smith, Danny Budget Change Swan, Misty Budget Change Thomas, Raymond Budget Change Wormly, Krystal Budget Change District Clerk Chavarria, Andna Termination Human Resources Salazar, Jennifer Budget Change JP Pct 2 -2 Golson, Patricia Transfer wlin Dept. Rodriguez, Diana New Hire Magistrate 1 Zachary, Dana Budget Change Magistrate 2 Gore, Glynis Budget Change Miller, Cindy Budget Change Road & Bridge Iverson, Charles Budget Change Vol. I S Pg. '� 4 1 PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: October 4, 2011 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 James, George McMullen, Megan Telg, Darwin Approved in Commissioners' Court: October 4 2011: County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) Vol. 151 Pg. ? 4 A �. Resignation 13 t"l pig etr=13a= Budget Change Budget Change Brazos County Purchasing Department Weekly Update 9/23/11 — 9/29/11 Number of PQ's Processed: 10 Requisitions Completed: 12 Capital Payments: 6 Projects In Progress Construction Courthouse: Phase I & 11 County Attorney area is in the process of drying out o Carpet is being replaced in designated areas o Madison is working to remedy all issues Demolition of old District Clerk area is underway Phase III - Contract is in progress Bids/ RFP's/ RFQ's Jail Pharmaceuticals - Working on additional considerations for high cost medications a Waiting on additional information from Jail Carpet for Courthouse Contract on agenda 10/4 Representation of Indigent Juveniles - Best and final offer received - Currently under review by District and County Court at Law Judges Aggregate for Surface Treatment Flexible Base Crack Seal Renewals Seal Coat Janitorial Supplies Jail Cleaning Supplies Oil Changes -Open bids on 9/30 -Bid goes out 1016 -Bid solicitation in progress D__ -In court 1014 - Approved VoL Pg. a 3 Solicitation of Quotes Other Portable Toilets Trash Contract Elevator Maintenance - Awarded - Awarded - Currently with legal Auction - Auction ended 9/24. Items being picked up thru Friday Sept. 30 The surplus room will be open for receiving beginning Oct. 3. Sanctuary Courtroom - Maintenance is finished with their portion of work - Sound system ordered, delivery and to be installed Purchasing Policy - Reviewing and revising policy Electronic Bid System - Reviewing contract and requirements