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2011-10-11-4:00PM-REGULAR
./ • f U' BRAZOSCOUNTY BRYAN,TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON OCTOBER 11, 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 Judge Peters 2. Call for Citizen input and/or concerns. 3. Presentation(s) • Presentation by The District r arding the Parking Garage and acknowiedcaement of parking rates. • Presentation by the Sheriff's Office re arding a Courthouse Visitor Identification Card Proposal Consider and take action on agenda items 4 - 36: 4. 5. 313112012. B Proposed County holidays for the 2012 calendar year. 7. g. Revisedio b descri n far D Consta !e for the Precinct 2 nstable's Office. g. Revised lob description for the Metr9politan Planning Or anziation Director r . Vol. Pg' 10. Chapter 59 Asset Forfelturg Report for Constable Precinct 2 for the period 09/01/2010 - 08/31/2011m 1 1 , Chapter 59 Asset Forfeiture Report for Constable Precinct 3 for the period 09/01/2010 - 08/31/2011. 12. Chapter 59 Asset Forfeiture Report for County AMrngyor the period 09101/2010 - 08/3112011. 13, Chapter 59 Asset Forfeiture Report for the Brazos County Sheriff's Office for the period 09/01/2010 - 08131/2011. 14. Chapter 59 Asset Forfeiture Report for the Brazos County Special Investioations Unit for the period 09/01/2010 - 08/31 /2011. 15. cey S 16, Republican appointment for Presiding Judge and Alternate Judge for a period of 1 year, ending on July 31, 2012. Cita republicans Para Juez Presidente y Maaistrado suplente no un perlodo de un ono, hasta el 31 de lullo de 2012. 17. Request for the county to wire $40,000.00 from the Hotel occupancy Tax division to the Brazos Valley Fair & Exposition's bank account per the Contract Agreement approved June 21, 2011. 18, Agreement with the Brazos Valley Food Bank Inc. for FY 2012. 19, Agreement with Brazos Maternal & Child Health Clinic, Inc. for FY 2012. 20. Aggment with Research Valley Partnership Inc. for FY 2012. 21, Agreement with Brazos Co my Precinct 3 Volunteer Fire Department, Inc. for FY 2012. 22, Contract with Ikon Office Solutions for the lease of a Ricoh MP 2510 certified copier for Records Management with the cost of $75 00 /month and an Image allowance of 1,000 /month. 23, Award of bid and contract to Madison Construction for Bid # 2011 -39 for partial renovation of the Courthouse Second and Third Floor, 24, Capital Reguisition to Madison Construction for bid # 2011 -39 for partial renovation of the Courthouse Second and Third Floor. 25, Change order to Madison Construction for additional flooring work to add $9,177 to the cost of the contract. 26, Requisition #00035884 to CME Testing & Engineering in the amount of $600.00 for material testing on the Brazos County Courthouse Renovation protect. 27, Declaration of surplus property as "salvage" that was advertised for sale In accordance with Local Government Code 263.152 and received no bids and authorization for either destruction or other disposal. 28. Consider and take action on the Final Plat of Lot 2 Cecil's Creek Subdivision Phase Two 7.29 Acre Tract J W Stewart Survey A -212 Brazos County, Texas Site Is located In Precinct 2. 29. Tax Refund Applications for the following: • a Gary & Laura Kusak- overpayment - $27.94 • b Wanzo & Mar orie Fisher - overpayment - $14.60 30. Commissioners Court minutes for the following dates: • a. August 16 2011 - Regular Meeting • b. Au ust 23 2011 - Re ular Meetin • c August 30 2011 - Regular Meeting • d September 6 2011 - Public Nearina on Budget • e. September 6 2011 - Publlc Bearing on Tax Increase • f september 6,4 2011 - Regular Meeting • Q.S e tember 13 2011 - 2nd Publlc Hearin i on Tax Increase • h September 13 2011 - Regular Meetlncl • I September 20 2011 - Regular Meeting • I September 27 2011 - Regular Meetly 31. Budget Amendments. • Bud et Amendments FY 10111 52.1-52.4 • 8ud et Amendments FY 11112 2.1-2.3 32. 33. Personnel Change of Status. Personnel Action Forms 34. Payment of Claims. 35. Convene into Executive Session pursuant to Texas Government Code 551.074 to discuss the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the position of Brazos County Engineer, 36. Consider and possible action on the Executive Session. 37. Acknowledgement of the Monthly Reports submitted In September 2011. 38. 39. Sheriff's report on inmate population. 40. Announcement of interest items and possible future agenda topics. 41. Call for Citizen input and /or concerns. 42. Adjourn. Vol. ,; Pg• PUBLIC COMMENTS Public Comment during the Commission Meeting may be for all matters, both on and off the agenda, and be limited to four minutes per person. Persons are invited to submit comments in writing on the agenda items and/or attend and make comment at the Commission meeting. Members of the public are reminded that the Brazos County Commissioners Court is a Constitutional Court, with both judicial and legislative powers, created under Article V, Section 1 and Section 18 of the Texas Constitution. As a Constitutional Court, the Brazos County Commissioners Court also possesses the power to issue a Contempt of Court Citation under Section 81.024 of the Texas Local Government Code. Accordingly, members of the public in attendance at any Regular, Special and/or Emergency meeting of the Court shall conduct themselves with proper respect and 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 and/or integrity of the Court, as a body, or any member or members of the Court, or County employees, individually or collectively. Accordingly, profane, insulting or threatening language directed toward the Court and/or any person in the Court's presence and /or racial, ethnic or gender slurs or epithets will not be tolerated. Violation of these rules may result in the following sanctions: 1. cancellation of a speaker's time; 2, removal from the Commissioners Court; 3. a Contempt Citation; and /or 4. such other and/or criminal sanctions as may be authorized under the Constitution, Statutes and Codes of the State of Texas. The County Commissioners Court can deliberate or take action only if a matter has been listed on an agenda property posted prior to the meeting. During the public comment period, speakers may address matters not listed on the published agenda. The Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court. However, responses from the County Judge or Commissioners to unlisted public comment topics could become deliberation on a matter without notice to the public. To ensure the public has notice of all matters the Commissioners Court will consider, the County Judge and /or Commissioners may choose not to respond to public comments, except to correct factual inaccuracies, recite existing policy in response to an inquiry or to ask that a matter be listed on a future agenda. See Texas Open Meetings Act ? 551.042. 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. 5 °� �g•� BRAZOS COUNTY BRYANJEXAS MINUTES October 11, 2011 BRAZOS COUNTY COMMISSIONERS COURT REGULAR MEETING Signature Page 10- 11.odf File Stamoed Aaenda 10- 11.odf `L_n Sign in sheet 10- 11.odf 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 13, 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 Judge Peters 2. Call for Citizen input and /or concerns. There was no citizen input. 3. Presentation(s) VOL, lea pg. Presentation by The District regarding the Parking Garage and acknowledgement of parking rates. L. Item 3.pdf John McBeth with The District gave a Power Point presentation on the parking garage. Eric Caldwell, Chief Information Officer asked about a contact for adding new employee badges to the parking garage system. This is not something that has been thoroughly thought out. A meeting will be held next week to work all this out. Mr. McBeth submitted the proposed parking rates for the Roy Kelly Parking Garage. A copy of the proposed parking rates is attached. Presentation by the Sheriff's Office regarding a Courthouse Visitor Identification Card Proposal. Sheriff Chris Kirk and Chief Deputy Mike Wilson proposed an identification system that would lessen the congestion at the entrance to the courthouse while allowing certain individuals who are pre- approved and qualified to bypass the normal screening process. The Sheriff said he was will to go through this process. He could always resend privileges. These people would have a second lane that would not be required to pass through the magnetometer. He and the Chief Deputy are developing policies and procedures for this. Consider and take action on agenda items 4 - 36: 4. Resolution 11 -022 authorizing the use of an electronic signature for Judge Peters as Brazos County's Chief Elected Officer in conjunction with the County's contract with Justice Benefits, Inc., and the delegation of authority to use the electronic signature to the Brazos County Auditor. Item 4.pdf A copy of the Resolution 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 . 5. Acceptance of the Texas Department of Public Safety Division of Emergency Management Emergency Management Performance Grant (EMPG) award for Fiscal Year 2011; grant period is 10/01/2011 to 3/31/2012. D Item 5.pdf The grant is in the amount of $48,276.89. Motion: Approve , Moved by Commissioner Kenny Mallard, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . 6. Proposed County holidays for the 2012 calendar year. El Item 6.pdf A copy of the holiday schedule 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 . 7. Submission of the 2011 Brazos County Tax Roll for approval by governing body per Sec. 26.09 (e) of the Texas Property Tax Code. pg. VOL Item 7.pdf The County Judge announced the total levy is $55,212,340.82. A copy is attached. Motion: Approve , Moved by Commissioner Kenny Mallard, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . 8. Revised job description for Deputy Constable for the Precinct 2 Constable's Office. LLD Item 8.pdf A copy 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 . 9. Revised job description for the Metropolitan Planning Organziation Director Item 9.pdf A copy is attached. Motion: Approve , Moved by County Judge Duane Peters, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley , Mallard , Peters , Wassermann . 10. Chapter 59 Asset Forfeiture Report for Constable, Precinct 2 for the period 09/01/2010 - 08/31 /2011. Item 10.pdf A copy 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 . 11. Chapter 59 Asset Forfeiture Report for Constable, Precinct 3 for the period 09/01/2010 - 08/31 /2011. Item 11.pdf A copy 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. Chapter 59 Asset Forfeiture Report for County Attorney for the period 09/01/2010 - 08/31 /2011. t'D Item 12.pdf A copy 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 . 13. Chapter 59 Asset Forfeiture Report for the Brazos County Sheriff's Office for the period 09/01/2010 - 08/31/2011. '=. Item 13.pdf Vol. 16 `a Pg. - - A copy is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . 14. Chapter 59 Asset Forfeiture Report for the Brazos County Special Investigations Unit for the period 09/01/2010 - 08/31/2011. Item 14.odf A copy 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. Discussion and possible action to consider, adjust and adopt proposed election (voting) precincts reconfiguration plan; and to authorize redistricting legal counsel to seek Voting Rights Act Section 5 preclearance of adopted plan. � Item 15.odf Discusion y accion posible Para considerar, ajustar y la adopcion de la propuesta plan de reconfiguracion de precintos electora/es (de votacion); y autorizar al consejo legal de redistribucion de distritos para buscar autorizaci6n previa del plan adoptado bajo la Seccion de Derechos de Votacion Ley 5. A copy of the Order is attached. Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley , Mallard , Peters , Wassermann . 16. Republican appointment for Presiding Judge and Alternate Judge for a period of 1 year, ending on July 31, 2012.Cita republicanos para Juez Presidente y Magistrado suplente po un periodo de un a& #241;0, hasta el 31 de julio de 2012. Item 16.Qdf Cita republicanos para Juez Presidente y Magistrado suplente po un periodo de un ano, hasta el 31 de Julio de 2012. A copy of the list 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 . 17. Request for the county to wire $40,000.00 from the Hotel Occupancy Tax division to the Brazos Valley Fair & Exposition's bank account per the Contract Agreement approved June 21, 2011. Item 17.pdf Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley , Mallard , Peters , Wassermann . 18. Agreement with the Brazos Valley Food Bank, Inc. for FY 2012. Dz Item 18.Ddf I Vol. Term of the Agreement is for the period of one year beginning October 1 and terminating on September 30, 2012. The County will provide funding in the amount of $7,700.00 to the Food Bank for the benefit of the moderate and low income citizens of the community. A copy is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley , Mallard , Peters , Wassermann . 19. Agreement with Brazos Maternal & Child Health Clinic, Inc. for FY 2012. LD Item 19.pdf Term of the Agreement if for the period of one year beginning October 1 and terminating on September 30, 2012. The County will provide funding in the amount of $67,500.00 to the Prenatal Clinic to ensure the delivery of healthy babies by providing economically challenged expectant mothers with access to important prenatal medical care and health education. A copy 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 . 20. Agreement with Research Valley Partnership, Inc. for FY 2012. _D Item 20.pdf The term of the Agreement is for one year, effective as of October 1, 2011 and ending on September 30, 2012. The County will provide funding in the amount of $355,000.00 to the Research Valley Partnership to attract new businesses to the County, to encourage the expansion of existing businesses in the county, or to retain existing businesses. A copy is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley , Mallard , Peters , Wassermann . 21. Agreement with Brazos County Precinct 3 Volunteer Fire Department, Inc. for FY 2012. a Item 21.pdf Term of the Agreement if for the period of one year beginning October 1 and terminating on September 30, 2012. The County will provide funding in the amount of $29,000.00 to the Precinct 3 Volunteer Fire Department, Inc. for fire protection services to any person who requests it within the confines of Precinct 3. A copy of the Agreement is attached. Motion: Approve , Moved by Commissioner Kenny Mallard, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard , Peters , Wassermann . 22. Contract with Ikon Office Solutions for the lease of a Ricoh MP 2510 certified copier for Records Management with the cost of $75.00 /month and an image allowance of 1,000 /month. Item 22.odf Term of the lease is for a minimum of 60 months at $75.00 per month. A copy of the lease 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 . CI 5 1 Q VOL - Pg.- 23. Award of bid and contract to Madison Construction for Bid # 2011 -39 for partial renovation of the Courthouse Second and Third Floor. Item 23 Part 1.pdf ` Item 23 Part 2.pdf Item 23 Part 3.pdf The contract amount is $143,299.00 for the installation of carpet, base and mini blinds and provide painting services for the Brazos County Courthouse Second and Third Floor. A copy of the contract is attached. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley , Mallard , Peters , Wassermann . 24. Capital Requisition to Madison Construction for bid # 2011 -39 for partial renovation of the Courthouse Second and Third Floor. Item 24.odf Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley , Mallard , Peters , Wassermann . 25. Change order to Madison Construction for additional flooring work to add $9,177 to the cost of the contract. Item 25.pdf This includes $3,033.00 for additional carpet on the third floor stair landing that was not addressed in the architectural plans, $7,644 for the additional floor patch material that was required in the first floor renovation that was unexpected but required to level the floor for the application of carpet and a credit for $1,500 from the carpet manufacturer to be passed on to Brazos County. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley , Mallard , Peters , Wassermann . 26. Requisition # 00035884 to CME Testing & Engineering in the amount of $600.00 for material testing on the Brazos County Courthouse Renovation project. LI,D Item 26.pdf Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley , Mallard , Peters , Wassermann . 27. Declaration of surplus property as "salvage" that was advertised for sale in accordance with Local Government Code 263.152 and received no bids, and authorization for either destruction or other disposal. Item 27.pdf A list of surplus items to be declared salvage is attached. Motion: Approve , Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann . 28. Consider and take action on the Final Plat of Lot 2 Cecil's Creek Subdivision Phase Two, 7.29 Acre Tract, J. W. Stewart Survey, A -212, Brazos County, Texas. Site is located in Precinct 2. .I Item 28.pdf Vol. 1 5 ;� Pg. I (i 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 . 29. Tax Refund Applications for the following: lb Item 29.odf • a. Gary & Laura Kusak- overpayment - $27.94 • b. Wanzo & Marjorie Fisher - overpayment - $14.60 Motion: Approve , Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann . 30. Commissioners Court minutes for the following dates: Motion: Approve , Moved by County Judge Duane Peters, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley , Mallard , Peters , Wassermann . • a. August 16, 2011 - Regular Meeting • b. August 23, 2011 - Regular Meeting • c. August 30, 2011 -Regular Meeting • d. September 6, 2011 - Public Hearing on Budget • e. September 6, 2011 - Public Hearing on Tax Increase • f. September 6, 2011 - Regular Meeting • g. September 13, 2011 - 2nd Public Hearing on Tax Increase • h. September 13, 2011 - Regular Meeting • i. September 20, 2011 - Regular Meeting e j. September 27, 2011 - Regular Meeting 31. Budget Amendments. Budget Amendments FY 10/11 52.1 - 52.4 ID Item 31 FY 11.odf 52.1 Record excess revenue for HOT - Marketing Reimbursement 52.2 Reallocate funds for HOT - Marketing Reimbursement 52.3 Reallocate funds for Constable Precinct 1 ** 52.4 Reallocate funds for Community Supervision- Support * *All with the exception of 52.3 were approved. 52.3 should have been an amendment for the 2011/2012 fiscal year and will be place on the next Commissioners Court Agenda. Motion: Approve w/ Conditions , Moved by County Judge Duane Peters, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley , Mallard , Peters , Wassermann . Budget Amendments FY 11 /12 2.1 - 2.3 Item 31 FY 12_pdf 2.1 Reallocate funds for Capital Improvement Voi 1 5 A Pg. I � 2.2 Reallocate funds for Human Resources 2.3 Transfer funds from TYC Parole to Juvenile Services- Detention Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley , Mallard , Peters , Wassermann . 32. Request from the Information Technology Department to approve Requisition #00035758 for $13,395.57 to CDWG for the purchase of an Intrusion Prevention System. Item 32.pdf Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann . 33. Personnel Change of Status. Personnel Action Forms Item 33.pdf A copy of the Personnel Change of Status Requests 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. 34. Payment of Claims. 7091380 through 7091586 Motion: Approve , Moved by Commissioner Kenny Mallard, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley , Mallard , Peters , Wassermann . Claims Sheet.odf BILL LIST 10.11.11.odf 35. Convene into Executive Session pursuant to Texas Government Code 551.074 to discuss the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the position of Brazos County Engineer. At this point the County Judge skipped down to consider items 37 through 41. Having considered items 37 through 41 the County Judge returned to item 35 and at 4:50 pm announced the meeting closed to the public so that the Court could meet in Closed Executive Session to discuss the appointment, employment, evaluation, reassignment, duties, discipline, or dismaissal of the position of Brazos County Engineer as allowed under Section 551.074 of the Texas Government Code. The following individuals were asked to stay for the executive session: Candy Gallego, Executive Assistant Jennifer Salazar, Director of Human Resources At 5:05 p.m. a.m. the County Judge announced the meeting open to the public and announced that no action would be taken on the Closed Executive Session. Vol. 15 A Pg. 1 A- 36. Consider and possible action on the Executive Session. 37. Acknowledgement of the Monthly Reports submitted in September 2011. Item 37.gdf The Court acknowledged receipt of the Extension Service reports in Septemberr 2011 and acknowledged receipt of reports from the following County and Precinct Offices showing revenues collected and remitted to the County Treasurer: County Clerk District Clerk Justice of the Peace, Precinct 1 Justice of the Peace, Precinct 2, Place 1 Justice of the Peace, Precinct 2, Place 2 Justice of the Peace, Precinct 3 Justice of the Peace, Precinct 4 Constable, Precinct 1 Constable, Precinct 2 Constable, Precinct 3 Constable, Precinct 4 Road & Bridge Sheriff 38. Acknowledgement of the Brazos County Purchasing Department Update for the week of September 30, 2011 - October 6, 2011. D Item 38.odf The Court acknowledged receipt of the Brazos County Purchasing Department Update. 39. Sheriff's report on inmate population. Sheriff Chris Kirk stated there were 622 inmates in jail, 59 have electronic monitors and 37 are pending for monitors. 40. Announcement of interest items and possible future agenda topics. There were no announcements. 41. Call for Citizen input and /or concerns. There was no citizen's input. 42. Adjourn. VOI. 1 5 01 pg. 13 The foregoing minutes of the Commissioners Court meeting held October 11, 2011 have been examined and are approved in open Court this I S T day of k6lepaettc -, 2011, in Bryan, Brazos County, Texas. �-IWA, (�4 Duane Peters Lloyd Wa4sermann County Judge Commissioner, Precinct 1 Sammy Cataleifa Commissioner, Precinct 2 Irma C`auley Commissioner, Attest: 1 y Kenny Mallard Commissioner, Precinct 3 Vol Page �'� BRAZO COUNTY COMMISSIONERS COURT Meeting on ` , 20�# @ Name Organizatjion rtment l v a Y ' [gyp my A let- Lj_ L �- I°�A5k�1rJT PAGE -�— of idol, pg._ J[" r BRAZOS COUNTY COMMISSIONERS COURT Meeting on PAGE °Z of Vol. / Go Pg. I Roy Kelly Parking Garage Proposed Parking Rates Hourly Rates Hourly rate Monday - Sunday $1.0o per hour Special Events Rate $io.00 per day Lost Ticket Fee $10.00 Special Provisions: First hour is free. If parking extends past 1 hour the first hour is charged at the regular parking rate. Contract Rates Daytime rate /Monday - Friday $70.00 month 24 hour rate /7 days per week $go.00 month Six Month Contract Daytime rate /Monday - Friday $60.0o month 24 hour rate /7 days per week $80.0o month .Annual Contract Daytime rate /Monday - Friday $50.0o month 24 hour rate /7 days per week $70.00 month Daytime hours are 6:0o am until 7:00 pm Monday - Friday. ACKNOWLEDGED ,:�L 101r hl Duane Peters ate County Judge Vol. 16 Pg. v1 �� BRYAN. TEXAS RESOLUTION In conjunction with the contract which the commissioners' court of BRAZOS COUNTY, TEXAS has entered into with Justice Benefits, Inc. to assist with obtaining maximum compensation with regards to the federal alien inmate assistance program, the court is now aware that the program requires that all reporting to the federal government and all funding from the federal government will take place via electronic media. The court is now aware that such filing and receipt will require the electronic signature of the "CEO" (chief elected officer) for the County. The CEO for the County is recognized by the Criminal Justice Department to be Duane Peters, County Judge. Therefore: WHERAS, the Commissioners' Court recognizing the need for the county to have the flexibility to communicate electronically with the Federal Department of the Criminal Justice, does authorize the County Judge to do so through the use of providing electronic signatures for the Alien Assistance Program; and WHERAS. the Commissioners' Court does further acknowledge that in order to insure that timely filing of information with the Federal Department of the Criminal Justice will require the CEO to delegate responsibility for the use of the application of the accepted electronic signature, does hereby grant the CEO the ability to delegate such authority to the Brazos County Auditor; and WHERAS, the Commissioners' Court does further acknowledge that in order to insure that timely acceptance of funds with the Federal Department of the Criminal Justice will require the CEO to delegate responsibility for the use of the application of the accepted electronic signature, does hereby grant the CEO the ability to delegate such authority to the Brazos County Auditor; NOW THEREFORE, MOW ALL MEN BY THESE PRESENT the Commissioners' Court does require that subsequent to such use of the electronic signature of the CEO the County Auditor's Office will submit to the County Judge for review and examination a recap summarizing the purpose of the information transmitted and the funding anticipated. DATED this the Eleventh (11 day of O -ctober, 2011. Duane Peters, County Judge Commissioner Lloyd Wassermann Precinct 1 Commissioner Sammy Catalena Precinct 2 ATTEST: Karen McQueen County Clerk Commissioner`gnny MallaiV Pr ct 3 Commissi uley Precinct 4 11 -022 Vol. I e a pg. -1 - TEXAS DEPARTMENT OF PUBLIC SAFETY (TXDPS) TEXAS DIVISION OF EMERGENCY MANAGEMENT (TDEM) NOTICE OF SUBRECIPIENT GRANT AWARD Program Title: 2011 Emergency Management Performance Grant (EMPG) DHS Instrument Number: 2011 -EP -00046 TDEM Grant Number: 11 TX -EMPG -1440 Administered By: Texas Department of Public Safety Texas Division of Emergency Management P.O. Box 4087 Austin, Texas 78773 -0220 SubRecipient: Brazos County 200 S. Texas Ave, Ste 332 Bryan, TX 77803 - Amount of Grant: $48,276.89 Period of Grant: October 1, 2010, to March 31, 2012 Signing Acceptance of this document means that you accept and will comply with all the requirements listed in the attached FY 2011 EMPG Terms and Conditions. AGENCY APPROVAL GRANT ACCEPTANCE Authorized Si ature Required W. Nim Kidd, CEM Printed Name /Title: Assistant Director D1Aane Akre,, Texas Department of Public Safety Chief Texas Division of Emergency Management Return Signed Copy of This Page within 45 days to: Texas Department of Public Safety Texas Division of Emergency Management Attention: Lisa Resendez, Grant Coordinator III PO Box 4087 Austin, TX 78773 -0220 > > �� da Dry 19 BRAZOS COUNTY BRYAN, TEXAS 2012 COUNTY HOLIDAYS Monday 2 January 2012 Monday 16 January 2012 Friday 6 April 2012 Monday 28 May 2012 Wednesday 4 July 2012 Monday 3 September 2012 Thursday & Friday 22 & 23 November 2012 Monday & Tuesday 24 & 25 December 2012 One Day* New Years Day Martin Luther King, Jr. Birthday Good Friday Memorial Day Independence Day Labor Day Thanksgiving Christmas Floating Holiday Approved: Duane Peters Date County Judge *Employee's choice; requires supervisor approval in advance. Office of the County Judge • 200 S. Texas Ave. • Suite 332 • Bryan, Texas 77803 Fax: (979) 351 -4503 c-y V01. Pg. BRAZOS county 2011 LEVY TOTALS G1- BRAZOSCOUNTY Property Count: 120,518 Grand Totals 10/5/2011 2:36 :34PM Land Value Homesite: 1,339,524,847 Non Homesite: 1,806,246,605 Ag Market: 994,815,539 Timber Market: 0 Total Land ( +) 4,140,586,991 Improvement Non Momyt V5 757e Homeste: 993,466,279 5,367,113,784 Non Homesite: 33,910,558 3,810,793,036 on Real Count Vii-U87 Personal Properly: 8,327 1,251,531,824 Mineral Property: 46,420 333,379,124 Autos: 0 0 Ag Non Momyt empt Total Productivity Market: 993,466,279 1,349,260 Ag Use: 33,910,558 13,680 Timber Use: 0 0 Productivity Loss: 959,555,721 1,335,580 xomption Count Local tats 7MT1 AB 13 23,611,208 0 23,611,208 CH 7 550,476 0 550,476 CHODO(Partial) 4 127,100 0 127,100 DP 421 0 0 0 DPS 10 0 0 0 DV1 277 0 2,472,000 2,472,000 DV1S 21 0 105,000 105,000 DV2 174 0 1,685,730 1,685,730 DV2S 5 0 37,500 37,500 DV3 136 0 1,452,050 1,452,050 DWS 2 0 20,000 20,000 DV4 190 0 1,114,133 1,114,133 DV4S 62 0 724,210 724,210 DVHS 129 0 21,182,817 21,182,817 EX 1,944 0 1,710,870,776 1,710,870,776 EX(Prorated) 29 0 906,588 906,588 EX366 25,006 0 1,052,224 1,052,224 FR 28 44,520,900 0 44,520,900 OV65 7,599 518,934,086 0 518,934,086 OV65S 28 1,569,879 0 1,569,879 PC 17 5,686,187 0 5,686,187 SO 1 0 0 0 Total Improvements Total Non Real Market Value Productivity Loss Appraised Value Homestead Cap Assessed Value Total Exemptions Net Taxable H 9,177,906,820 ( +) 1,594,910,948 = 14,913,404,759 ( -) 959,555,721 13,953,849,038 ( -) 38,561,076 13,915,287,962 ( -) 2,336,622,864 11,578,665,098 G1/237993 Page 1 of 2 True Automation, Inc. Vol. BRAZOS County Property Count: 120,518 2011 LEVY TOTALS G1- BRAZOSCOUNTY Grand Totals 10/512011 2:36:34PM rears Assessed Taxable Actual Tax Calling count DP 43,763,674 39,823,439 165,962.12 176,174.82 400 DPS 951,640 915,640 4,044.12 4,186.01 9 OV65 1,185,869,984 687,321,888 2,416,346.74 2,450,099.92 7,095 OV65S 166,680 91,680 444.65 444.65 1 Total 1,230,751,978 728,152,647 2,586,797.63 2,630,905.40 7,505 Freeze Taxable () 728,152,647 Tax Rate 0.485000 runs er saes Taxable Post Taxable ustmant ou OV65 252,030 102,030 102,030 0 102,030 0 102,030 2 2 Transfer Adjustment () 102,030 Total 252,030 Freeze Adjusted Taxable 10,850,410,421 evy I n o M &O Rate: 0.403700 M &O Tax: 45,956,695.46 AS Rate: 0.081300 I &S Tax: 9,255,084.96 Protected AS Rate: 0.000000 Protected I &S Tax 0.00 Ag Penalty: 560.40 Total Levy 55,212,340.82 Tif Zone a Tax ncrement Loss Tax Increment Finance Value: 510,575,966 Tax Increment Finance Levy: 2,476,293.44 APPROVED QL 1 /it Duane Peters Date County Judge G1/237993 Page 2 of 2 True Automation, Inc. ISO,, a P�. BRAZOS county Property Count: 120,648 -Asoe-saad 2411 CERTIFIED TOTALS Gl - BRAZOSCOUNTY Grand Totals As of Certification 7/1812011 9:32:40PM Land Coual DP 42,918,934 ue 162,112.48 172,299.22 395 Homesite: 951,640 915,840 4,045.62 1,339,412,137 9 OV65 1,175,224,272 Non Homeslte: 2,387,625.58 2,553,783.66 2,420,752.08 2,597,237.31 7,D45 7.449 Freeze Taxable () 720,125,914 1,818,449,496 1,219,094,846 720,125,914 Ag Market: Tax Rate 0.486600 994,678,549 Timber Markat: 0 Total Land M 4,152,540,181 improvement Value Homesile: 5,387,291,564 Nan Homealte: 3,810,804,908 Total Improvements ( *) 9,178,098,470 an Real Count a ue Personal Property: 8,329 1,264,822,514 Mineral Property: 46,449 333,395,935 Autos: 0 0 Total Non Real H 1,588,218,449 Market Value = 14,918,865,100 0 Non Exampit Rxempt Total Productivity Market: 993,329,289 1,349,280 Ag Use: 33,909,368 13,680 Productivity Loss (1 959,419,939 Timber Use: 0 0 Appraised Value 13,959,435,189 Productivity Lose: 959,419,931 1,336,580 Homestead Cap (-? 38,541,818 Assessed Value = 13,920,893,351 Exemption Count Local e - Total AS 10 23,6111,208 0 23,611,208 CH 7 550,476 0 550,478 CHODO 4 127,100 0 127,100 DP 418 0 0 0 DPS 10 0 0 0 DV1 277 0 2,472,000 2,472,000 DV1 S 21 0 105,000 105,000 DV2 172 0 1,670,730 1,870,730 pV2S 6 0 37,500 37,500 DV3 138 0 1,452,060 1,452,050 DV3S 2 0 20,000 20,000 DV4 188 0 1,090,133 1,090,133 DWS 62 0 724,210 724,210 DVHS 129 0 21,182,817 21,182,817 EX 1,901 0 1,710,798,482 1,710,798,482 EX(Prorated) 29 0 678,369 876,369 EX366 21,599 0 1,053,237 1,053,237 FR 28 44,520,900 0 44,520,900 OV85 7,576 517,350,189 0 617,350,189 OV65S 28 1,569,879 0 1,569,879 PC 16 4,569,887 0 4,569,887 0 0 0 Total Exemptions () 2,333,782,!67 SO 1 Net Taxable 11,587,111,184 'Ooze -Asoe-saad Taxable Ac W Tax —Calling Coual DP 42,918,934 36,978,899 162,112.48 172,299.22 395 DPS 951,640 915,840 4,045.62 4,186.01 9 OV65 1,175,224,272 580,231,576 2,387,625.58 2,553,783.66 2,420,752.08 2,597,237.31 7,D45 7.449 Freeze Taxable () 720,125,914 Total 1,219,094,846 720,125,914 Tax Rate 0.486600 01/237993 Page 13 of 20 Two Automation, Inc. V01. 1 15 pg. 0a t� BRAZOS County Tax Increment Loaa i _ TZ1 2011 CERTIFIED TOTALS As of Certif cation 98,457,106 TZ16 100,846,046 Gj- BRAZOSCOUNTY 14,234,216 Property Count: 120,648 61,208,932 TZ22B Grand Total& 7/18/2011 9:32:40PM Transfer Assessed Taxable Poet Taxable Adjustment ou 2,479,356.79 DP 208,450 208,450 197,956 10,464 3 OV65 10,669,380 7,082,710 4,974,720 2,107,990 48 Totes 10,877,830 7,291,160 6,172,686 2,118,474 51 Transfer Adjustment H 2,118,474 Freeze Adjusted Taxable 10,864,866,796 APPROXIMATE LEVY = (FREEZE ADJUSTED TAXABLE ` (TAX RATE 1100)) + ACTUAL TAX 55,313,676.82 = 10,884,868,796 ` (0.485600 / 100) + 2,553,783.88 Tif Zone Code - Tax Increment Loaa i _ TZ1 76,849,530 TZ 10B 98,457,106 TZ16 100,846,046 TZ19B 14,234,216 TZ21 B 61,208,932 TZ22B 22,205,560 TZ88 148,775,558 Tax Increment Finance Value: 610,576,946 Tax Increment finance Levy: 2,479,356.79 G11237993 Page 14 of 20 True Automatlon, Inc. VOL 15 D, Pg BRAZOS County 2011 CERTIFIED TOTALS As of Supplement t G1- BRAZOSCOUNTY Property Count: 120,518 Grand Totals 9/22/2011 12.29:06PM Landa ue Homesite: 1,339,524,847 Non Homesits: 1,806,246,605 Ag Market: 994,815,539 Timber Market: 0 Total Land ( +) 4,140,586,991 mprovament 394 Va ue Homesite: Exemp7t 5,367,137,954 Non Homesite: 7,448 Freeze Taxable 3,810,768,866 Total Improvements Non Flo-al Count V a ue Personal Property: 8,327 1,261,531,824 Mineral Property: 46,420 333,379,124 Autos: 0 0 Total Non Real 0 Market Value Ag 394 Non Exempt 9 Exemp7t 7,045 Total Productivity Market: 7,448 Freeze Taxable 993,466,279 1,349,260 Ag Use: 33,910,558 13,680 Productivity Loss Timber Use: 0 0 Appraised Value Productivity Loss: 959,555,721 1,335,580 Homestead Cap Assessed Value Exemption Count Local fate rota AB 10 23,611,208 0 23,611,208 CH 7 550,476 0 550,476 CHODO 4 127,100 0 127,100 DP 421 0 0 0 DIPS 10 0 0 0 DV1 277 0 2,472,000 2,472,000 DV1 S 21 0 105,000 105,000 DV2 174 0 1,685,730 1,685,730 DV2S 5 0 37,500 37,500 DV3 136 0 1,452,050 1,452,050 DV3S 2 0 20,000 20,000 DV4 190 0 1,114,133 1,114,133 DWS 62 0 724,210 724,210 DVHS 129 0 21,162,817 21,182,817 EX 1,930 0 1,710,805,971 1,710,805,971 EX(Prorated) 33 0 971,393 971,393 EX366 21,590 0 1,052, 224 1,052,224 FR 28 44,520,900 0 44,520,900 OV65 7,599 518,952,667 0 518,952,667 OV65S 28 1,569,879 0 1,569,879 PC 17 5,686,187 0 5,686,187 SO 1 0 0 0 Total Exemptions DIPS 951,640 OV65 1,175,135,525 Total 1,218,955,669 Tax Rate 0.485600 G11237993 915,640 4,045.62 680,167,398 2,387,289.75 720,011,307 2,553,202.96 Net Taxable 172,046.16 394 4,186.01 9 2,420,669.33 7,045 2,596,901.50 7,448 Freeze Taxable Page 13 of 20 v®�. I e) a Pg. Ls ( +) 9,177,906,820 W 1,594,910,948 = 14,913,404,759 () 959,555,721 13,953,849,038 (-) 38,561,076 13,915,287,962 (-) 2,336,641,445 11,578,646,517 O 720,011,307 True Automation, Inc. BRAZOS County 2011 CERTIFIED TOTALS As of Supplement 1 GI- BRAZOSCOUNTY Property Count: 120,518 Grand Totals 9/22/2011 12:29:06PM OP 208,450 208,450 197,966 10,484 3 OV65 10,669,380 7,082,710 4,974,720 2,107,990 48 Total 10,877,830 7,291,160 5,172,686 2,118,474 51 Transfer Adjustment Freeze Adjusted Taxable APPROXIMATE LEVY - (FREEZE ADJUSTED TAXABLE ` (TAX RATE / 100)) + ACTUAL TAX 55,272,448.23 = 10,856,516,736 - (0.4856001 100) + 2,553,202.96 Tif Zone Code Tax Increment L oss TZ1 76,849,530 TZ10B 96,457,106 TZ16 100,845,065 TZ19B 14,234,215 TZ21 B 51,208,932 TZ22B 22,205,560 TZ8B 148,7753558 Tax Increment Finance Value: 5110,575,966 Tax Increment Finance Levy: 2,479,356.89 G1 1237993 Page 14 of 20 () 2,118,474 10,856,516,736 Tnre Automailon, Inc. BRAZOS County 2011 CERTIFIED TOTALS As of Supplement 2 G1- BRAZOSCOUNTY Property Count: 120,518 Grand Totals 10/3/2011 9:21:43AM Land a ue Homesite: 1,339,524,847 Non Homesite: 1,806,246,605 Ag Market: 994,815,539 Timber Market: 0 Total Land ( +) 4,140,586,991 mprovement 39,823,439 V us Homesite: Ex empt 5,367,113,784 Non Homesite: 4,186.01 3,810,793,036 Total Improvements Non Riall Count V a ue Personal Property: 8,327 1,261,531,824 Mineral Property: 46,420 333,379,124 Autos: 0 0 Total Non Real 0 Market Value Ag 39,823,439 Non Exempt 176,231.24 Ex empt Total Productivity Market: 4,186.01 993,466,279 1,349,260 2,456,644.99 Ag Use: 33,910,558 2,637,062.24 13,680 Productivity Loss Timber Use: 0 0 Appraised Value Productivity Loss: 959,555,721 1,335,580 Homestead Cap Assessed Value Exemption Count Local state Total AS 10 23,611,208 0 23,611,208 CH 7 550,476 0 550,476 CHODO 4 127,100 0 127,100 DP 421 0 0 0 DPS 10 0 0 0 DV1 277 0 2,472,000 2,472,000 DV 1 S 21 0 105,000 105,000 DV2 174 0 1,685,730 1,685,730 DV2S 5 0 37,500 37,500 DV3 136 0 1,452,050 1,452,050 DV38 2 0 20,000 20,000 DV4 190 0 1,114,133 1,114,133 DWS 62 0 724,210 724,210 DVHS 129 0 21,182,817 21,182,817 EX 1,930 0 1,710,805,971 1,710,805,971 EX(Prorated) 33 0 971,393 971,393 EX366 21,590 0 1,052,224 1,052,224 FR 28 44,520,900 0 44,520,900 OV65 7,599 518,934,086 0 518,934,086 OV65S 28 1,569,879 0 1,569,879 PC 17 5,686,167 0 5,686,187 SO 1 0 0 0 Total Exemptions DPS OV65 Total Tax Rate G 1 /237993 43,763,674 39,823,439 168,018.62 176,231.24 951,640 4,186.01 1,186,036,664 2,456,644.99 1,230,751,978 2,637,062.24 0.485000 915,640 687,413,568 728,152,647 4,044.12 2,423,086.38 2,593,151,.12 Page 13 of 19 Net Taxable 9 7,096 7,505 Freeze Taxable { +) 9,177,906,820 { +} 1,594,910,948 = 14,913,404,759 ( -) 959,555,721 = 13,953,849,038 (-) 38,561,076 = 13,915,287,962 ( -} 2,336,622,864 = 11,578,665,098 ( -} 728,152,647 True Automation, Inc. BRAZOS County Property Count: 120,518 2011 CERTIFIED TOTALS G1- BRAZOSCOUNTY Grand Totals As of Supplement 2 10/3/2011 9:21:43AM Transfer Taxable Post Taxable Adjustment OV65 252,030 102,030 0 102,030 2 Total 252,030 102,030 0 102,030 2 Transfer Adjustment 0 102,030 Freeze Adjusted Taxable = 10,850,410,421 APPROXIMATE LEVY = (FREEZE ADJUSTED TAXABLE " (TAX RATE / 100)) + ACTUAL TAX 55,217,641.66 = 10,850,410,421 " (0.485000 ! 100) + 2,593,151.12 Tif Zone Code Tax increment Los-9-1, TZ1 76,849,530 TZ10B 96,457,106 TZ16 100,845,065 TZ196 14,234,215 TZ21 B 51,208,932 TZ226 22,205,560 TZ86 148,775,558 Tax Increment Finance Value: 510,575,966 Tax Increment Finance Levy: 2,476,293.44 G1/237993 Page 14 of 19 True Automation, Inc, ` Vol.— Pg• Class No: 1617 Department: Constable FLSA Status: Nonexempt Pay Group: 16 Approved Date: APPROVED Q ) :. --� !I J Brazos County Duane Peters Date Job Description County Judge Job Title: Deputy Constable Pct. 2 Reports To: Constable EEOC Category: Protective Service Workers Prepared /Revised Date: January 15, 1998 SUMMARY Each Deputy Constable is an authorized Texas Peace Officer. The Deputy Constable duties involve serving criminal and civil papers primarily on behalf of Justice of Peace Courts; including following all applicable rules and regulations; also performs bailiff duties; and assists other local, state, and federal agencies. ESSENTIAL DUTIES AND RESPONSIBILITIES include the following. Other duties may be assigned. Receives and processes civil papers, including time and date stamping, entering information into the computer system, verifying name and address information, and preparing and stuffing envelope for delivery; Logs all civil papers, including delivery information and related fees; Serves civil papers, including child support papers and warrants, truancy papers, small claims papers, and other civil papers and warrants; Follows time restriction guidelines for the service of certain papers, as well as other rules and regulations pertaining to paper service; Attempts to contact by telephone persons to whom papers are to be served to facilitate the process; Responds to various calls and enforces state and federal laws; Performs various paperwork duties, including filing, and making and distributing copies of papers to attorneys and other court personnel; Performs bailiff duties for Justice of the Peace courts, including maintaining courtroom security, assisting jurors, and obtaining files; Vol. 1 92 Pg. �� Class No. 1617 (Continued) Performs criminal visibility patrol of county; Serves all outstanding warrants (local, state, and federal); Assist other county law enforcement personnel in emergency situations; May perform arrests; and Transports inmates to jail and to and from court. SUPERVISORY RESPONSIBILITIES This is a non - supervisory position. However, may assist with supervision of reserve deputies. QUALIFICATIONS To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and /or ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. EDUCATION and /or EXPERIENCE High school graduation or its equivalent, Must hold an Intermediate Peace Officer License and /or have at least four years of full time experience working in a Constable's Office; or any equivalent combination of education and experience that provides the required knowledge, skills, and abilities. KNOWLEDGE OF Criminal and civil law; rules and regulations pertaining to the service of civil papers and warrants; and identification records processes and procedures. SKILL/ABILITY TO Safely operate vehicles, firearms, and specialized equipment; read and write reports, letters, and memos; operate a computer and/or typewriter; establish and maintain effective working relationships with other law enforcement agencies, the District and County Attorneys' offices, other departmental employees, and the general public; demonstrate proficiency in both oral and written communication; and maintain appropriate necessary certifications and Texas driver's license applicable to job responsibilities. CERTIFICATES, LICENSES, REGISTRATIONS Valid Texas motor vehicle operator's license; Intermediate certification by the Texas Commission on Law Enforcement Officer Standards and Education (TCLEOSE). 2 Vol. 30, Class No. 1617 (Continued) PHYSICAL DEMANDS The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is regularly required to sit; use hands to finger, handle, or feel; reach with hands and arms; bend and kneel; and talk and hear. The employee frequently is required to stand and walk. The employee must frequently lift and/or move objects weighing up to 20 pounds, such as books and stacks of records, and occasionally must lift and /or move objects weighing 100 pounds or more. The employee may occasionally be called upon to perform acts of intense physical exertion during emergency situations. Specific vision abilities required by this job include close vision, distance vision, peripheral vision, color vision, and ability to adjust focus. WORK ENVIRONMENT The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the essential duties of this job, the employee is frequently required to work under time pressures to meet deadlines, perform multiple tasks simultaneously, and work closely with others a part of a team. The noise level in the work environment is usually moderate, but may be noisy and distracting. The employee may be exposed to extreme weather conditions. 3 Vol. i 5; P9. 31 APPROVED BRAZOS COUNTY 1r Job Description Duane Peters Date Class No: 2001 Department: Metropolitan Planning Organization FLSA Status: Exempt Pay Group: 012 Approved Date: County Judge Job Title: MPO Director Reports To: MPO Policy Board EEOC Category: Professionals (1) Prepared/Revised Date: 10 15111 GENERAL SUMMARY OF POSITION Under the direction of the MPO Policy Board (PB), the MPO Director is responsible for the management, coordination and administration of MPO staff, budget, MPO facilities, of the Bryan/College Station MPO. The MPO Director works at the highest level of discretion and independent judgment, establishes their own work plan and priorities to meet set objectives, being responsible for the final outcome. Overnight travel to necessary meetings in Texas and other parts of the United States will be required. ORGANIZATIONAL RELATIONSHIPS • Reports to the MPO PB. • Hires and directs MPO staff, recommends promotions and carries out disciplinary actions, up to and including employment termination of MPO staff. • Directs the MPO staff, MPO assignments and proJects. • Administratively manages MPO budget, coordinates compliance with the fiscal agent's procurement and human resources policies and procedures. • Works closely with the MPO's Policy Board and the Technical Advisory Committee (TAC) members of MPO local and state governments. Work requires contact with the City of Bryan, City of College Station, Brazos County, Texas A &M University, Texas Department of Transportation, Bryan District; and with local elected officials, state and federal government officials, local media, and the general public. PRIMARY RESPONSIBILITIES - Plan, prepare, schedule, and implement regular MPO meetings with PB, TAC and external agencies, including preparation of reference material, agenda, minutes of meetings, drafting of resolutions when required, public notification of the Agenda, preparation and distribution of minutes, coordinating the directions and decisions of the PB. Act as a spokesperson for the TAC at the PB meetings. - On a strict timeline, prepares planning related documents for review and approval as required by state and federal regulations and laws (which include the Metropolitan Transportation Plan (MTP), Unified Planning Work Program (UPWP), MPO's Transportation Improvement Program (TIP), Annual Performance and Expenditure Report, Annual Project Listing of Let Projects) including their timely submittals to MPO PB and state and federal agencies,. - Develop and maintain the UPWP (a one year business plan) outlining transportation planning needs, resources needs and allocation, and budgetary needs and allocation, for the MPO, including the prioritization of these needs and prepares billings for reimbursements. - Supervise the development and maintenance of a travel demand model, using TRANSCAD, and other State and Federal approved computer applications, including their utilization in evaluating planning alternatives for capacity, congestion mitigation, operation and turning movements, and safety issues. Coordinate, oversee, and participate in the compilation and maintenance of transportation and demographic data bases. - Prepare, plan, and, using best project methodologies, conduct technical studies, inside Brazos County, within the MPO study area boundary, both in -house and outsourced to qualified consultants. Develop scope of services for work to be outsourced, hire qualified consultants, negotiate fees, and manage the contract to monitor their progress, timeline, budget, quality assurance, and acceptance of final deliverables. Establish performance measures for quality control of work undertaken in -house and outsourced. Present findings and results of studies undertaken to the MPO PB for approval and implementation. - Organize, and coordinate public involvement process, including outreach initiatives within the MPO communities to bring awareness and involvement of the communities related to transportation planning and funding. - Prepare in -house reports, memorandums, and other related correspondences. - Perform research and literature review and share results with other agencies as requested and necessary. Additional Responsibilities of the MPO Director: - Research all available funding programs for the Bryan/College Station MPO. - Continually evaluate the organizational structure and make changes, as necessary, to ensure optimum effectiveness of programs /staff services. - Provide programs and services that reduce costs, and take advantage of multi jurisdictional economic strength. - Look at ways to work with the PB to prudently broaden the transportation planning mission of the Bryan/College Station MPO into program areas that cut across transportation planning jurisdictional lines and affect the entire region. - Coordinate all tasks of the MPO with TAC, PB, external agencies to ensure timely resolution of issues. - Manage, coordinate, and participate in a variety of transportation planning activities; Coordinate and oversee technical analysis and evaluate, document, and present results. Vol. _ Pg. 33 - Provide technical assistance upon request to participating member agencies of the MPO. - Evaluate software programs and procedures for data manipulation and analysis. - Evaluate results of research and literature review performed by MPO staff, shares results with other agencies as requested and necessary. - Stays abreast of state and federal legislation and policies and summarizes potential impacts of proposed changes. - Manage MPO's cooperative decision - making process, including public involvement activities. - Perform such other related duties as may be assigned by the MPO PB. Performance Management Standards: - Prepare, develop, and implement the annual UP WP for review and approval by the PB, including any amendments to the UPWP meeting all deadlines required by TxDOT. - Proactively manage the MPO budget to ensure it is within fiscal constraints of the approved UPWP and present accurate financial reporting of the MPO budget and expenditures -to -date to the PB, on a quarterly basis. - Produce and submit all transportation planning documents required by state and federal rules and legislation meeting all deadlines required by TxDOT. - Manage the day -to -day activities of MPO staff and develop, implement, monitor, and evaluate MPO staff performance plans and training needs annually. - Coordinate and pursue timely billing cycles of invoices received from vendors and reimbursements requested from agencies, with the fiscal agent according to the fiscal agent's policies. - Manage and maintain all MPO records and property according to state and federal regulations. KNOWLEDGE SKILLS AND ABILITIES -An effective communicator who keeps the MPO PB well informed and provides all options to the MPO PB so they can make an informed policy decision. - Openness and transparency with the MPO PB and public will be essential for the successful candidate. - Experience in the public sector is desirable; understanding of government process would be a valuable asset as will significant relevant experience in the transportation field. - Ability in proficient use of Microsoft Office related applications IVol. Pg. , - Experience with relevant federal metropolitan- planning- process legislation - Familiarity with applications of transportation planning software such as TRANSCAD, ARCGIS, MICROSTATION, TRB HIGHWAY CAPACITY SOFTWARE -A minimum of four years supervisory or management experience EDUCATIONAL REQUIREMENTS A Bachelor's degree from a four -year college or university in engineering, planning, transportation planning, urban planning, economics, public administration, or a related field is required. LICENSES OR CERTIFICATIONS Required: Class C Driver's License Desirable: P.E. Professional Engineer in State of Texas and /or AICP American Institute of Certified Planners and/or PTP Professional Transportation Planner and/or PTOE Professional Traffic Operations Engineer Vol. ) 5 1;k Pg. 35- FY 2011 CHAPTER 59 ASSET FORFEITURE REPORT BY LAW ENFORCEMENT AGENCY Agency Name: Reporting Period: Brazos County Pct 2 Constable (local fiscal year) Agency Mailing example: Address: 200 south Texas Ave, Ste 151 Bryan, Texas 77803 Phone Number: County: 979- 351 -4477 Brazos Email Address: This should be a permanent agency dlampo@Co . brazos . tx . us email address NOTE: PLEASE ROUND ALLDOLLAR FIGURES TO NEAREST WHOLE DOLLAR. 0 SEIZED FUNDS 09/01/2010 - 08/31/2011 01/01/11 to 12131111, 04/01110 to 08/31 It 1 0110. A) Beginning Balance: Instructions: Include total amount of seized funds on hand (in your agency's possession) at beginning of reporting period. Include funds that may have been forfeited but have not been transferred to your agency's forfeiture account. Do not include funds that are in an account held by another agency, e.g., the District Attorney's account. $ B) Seizures During Reporting Period: instructions: Include only those seizures which occurred during the reporting period and where the seizure affidavit required by Article 54.03 is sworn to by a peace officer employed by your agency. 1) Amount seized and retained in your agency's custody. $ - D 21 Amount seized and transferred to the District Attorney pending forfeiture, $ -0- C) Interest Famed on Seized Funds During Reporting Period: Instructions: Enter amount of interest eamed on funds in your agency's seizure #xunt during the reporting period. Do not include interest earned if funds are on deposit in an account that does not belong to your agency, e.g. the District Attorney's account. $ -0- Dl Amount Returned to Defendants /Respondents: $ 0 E) Amount Transferred to Forfeiture Account: Instructions: include all amounts in your agency's possession forfeited during the reporting period and transferred to your forfeiture account. Do not include funds that are in an - 0 account held by another agency, e.g. the District Attorney's account. $ F) Ending Balance' Instructions: Add lints A. B(1); and C, subtract lines D and E, put total in line F. $ - 0 - Form Bate 6114111 c �C PQ 3� Page t 11, FORFEITED FUNDS FORFEITED TO AGENCY A) Beginning Balance: Instructions: Include total amount of forfeited funds that have been forfeited to your agency and are on hand (in your agency's account or in your agency's possession) at beginning of the reporting period including interest. Do not include funds that have been 773 tractor trailers, etc.) forfeited but not yet received by your agency. S 2) REAL PROPERTY (Count each parcel seized as B) Amount Forfeited to and Received by Reporting Agency (including interest) During Reporting Period: Instructions: Do not include amounts forfeited but not yet received by your agency; interest refers to the amount earned prior to forfeiture and distributed as part of the Q judgment of forfeiture. $ C) Interest Earned on Forfeited Funds During Reporting Period .Instructions: Include only the amount of interest earned on funds in your agency's one item) forfeiture account or interest earned on funds derived from the sale of forfeited property during the reporting period. Do not include interest earned if funds are on deposit in an S 3 account that does not belong to your agency, e.g, the District Attorney's account. D) Proceeds Received by Your Agency From Sale of Forfeited Property: Instructions: Include amounts received for all property sold during the reporting period, O disposed under Chapter 18.) even if the subject property was forfeited in a prior reporting period. $ E) Total Expenditures of Forfeited Funds During Reporting Period: Q Instructions: From Total on Section VI, $ F) Ending Balance: Instructions: Add lines A through D, subtract line E, place total in line F. $ 776 ❑1. OTHER PROPERTY Instructions: List the number of items seized for the following categories. Include only those seizures where a seizure is made by a peace officer employed by your agency. If property is sold, list under "Proceeds Received by Your Agency From Sale of Forfeited Property" in Section 11(D) in the reporting year in which the proceeds are received. Please note - this should be a number not a currency amount. Example 4 cars seized, 3 cars forfeited and D cars put into use. SEIZED FORFEITED TO AGENCY RETURNED TO DEFENDANTS 1 RESPONDENTS PUT INTO USE BY AGENCY 1) MOTOR VEHICLES (Include cars, motorcycles, tractor trailers, etc.) 2) REAL PROPERTY (Count each parcel seized as one item) 3) COMPUTERS (Include computer and attached system components, such as printers and monitors, as one item) 4) FIREARMS (include only firearms seized for forfeiture under Chapter 59. Do not include weapons disposed under Chapter 18.) 5) Other Property - Description: Other Property - Description: Other Property - Description: Farm Mi. WWI I C�a all VOL Pg.- - P.g. 2 IV. FORFEITED PROPERTY RECEIVED FROM ANOTHER AGENCY Instructions: Enter the total number of items transferred to your agency where the forfeiture judgment awarded ownership of the property to another agency prior to the transfer. A) Motor Vehicles (the number of vehicles, not a currency amount): B) Real Property (the number of separate parcels of property, not a currency amount): C) Computers (the number of computers, not a currency amount): D) Firearms (the number of firearms, not a currency amount): E) Other (the number of items, not a currency amount): V. FORFEITED PROPERTY TRANSFERRED OR LOANED TO ANOTHER AGENCY Instructions: Enter the total number of items transferred or loaned from your agency where the forfeiture judgment awarded ownership of the property to your agency prior to the transfer. A) Motor Vehicles (the number of vehicles, not a currency amount): B) Real Property (the number of separate parcels of p(operty, not a currency amount: C) Computers (the number of computers, not a currency amount): D) Firearms( the number of firearms, not a currency amount): E) Other (the number of items, not a currency amount): VI, EXPENDITURES Instructions: This category is for Chapter 59 expenditures SOLELY for law enforcement purposes . not for expenditures made pursuant to your general budget. List the total amount expended for each of the following categories. If proceeds are expended for a category not listed, state the amount and nature of the expenditure under the Other category. Al SALARIES I Increase of Salary , Expense, or Allowance for Employees (Salary Supplements): $ 3. Number of Employees Paid Using Forfeiture Funds: TOTAL SALARIES PAID OUT OF CHAPTER.59 FUNDS: B) OVERTIME 1, For Employees Budgeted by Governing Body: S 2. For Employees Budgeted Solely out of Forfeiture Funds: 3 3. Number of Employees Paid Using Forfeiture Funds: Form Date 014111 TOTAL OVERTIME PAID OUT OF CHAPTER 59 FUNDS: D Vol. E5 or� pg. 3 - Page 3 C) EQUIPMENT 1. Vehicles: $ 2. Computers: $ 3, Firearms, Vests, Personal Equipment: $ 4. Furniture: $ 5. Software: $ 6. Maintenance Casts: $ 7. Uniforms: $ 8. K9 Related Costs: $ 9, Other (Provide Detail on Additional Sheet): $ TOTAL EQUIPMENT PURCHASED WITH CHAPTER 59 FUNDS: D) SUPPLIES 1, Office Supplies: 2, Cellular Air Time: 3. Internet: i 4, Other (Provide Detail on Additional Sheet) : TOTAL SUPPLIES PURCHASED WITH CHAPTER 59 FUNDS; E) TRAVEL 1. Total In State Travel a) Lodging: b) Air Fare: c) Meals (including per diem): d) Car Rental: 2. Total Out of State Travel a) Lodging: b) Air Fate: c) Meats (including per diem): d) Car Rental: 3. Fuel: 4. Parking: form Darc 6114111 .,_, 11) )�- 1, 39- S $ S $ $ $ $ $ S $ -0- page 4 S Other (Provide Detail on Additional Sheet): $ ' TOTAL TRAVEL PAID OUT OF CHAPTER 59 FUNDS: S F) TRAINING 1. Fees (Conferences, Seminars): $ 2. Materials (Books, CDs, Videos, etc.): $ 3. Other (Provide Detail on Additional Sheet): $ TOTAL TRAINING PAID OUT OF CHAPTER 59 FUN DS $ G) INVESTIGATIVE COSTS 1, Informant Costs: $ 2. Buy Money: S 3. Lab Expenses: $ 4. Other (Provide Detail on Additional Sheet) : 3 TOTAL INVESTIGATIVE COSTS PAID OUT OF CHAPTER 59 FUNDS: $ -0- H) TOTAL PREVENTION/TREATMENT PROGRAMSIFINANCIAL ASSISTANCE 1, Total Prevention/Treatment Programs (pursuant to 59.06 (h), (I), 2. Total Financial Assistance (pursuant to Articles 59.06 (n) and (o)): S TOTAL PREVENTION/TREATMENT PROGRAMS /FINANCIAL $ _Q- ASSISTANCE (pursuant to Articles 59.06 (h), (1), (j), (n), (o)): 1) FACILITY COSTS 1. Building Purchase: $ 2. Lease Payments: $ 3. Remodeling: $ 4. Maintenance Costs: $ 5. Utilities: $ 6. Other (Provide Detail on Additional Shoot): $ TOTAL FACILITY COSTS PAID OUT OF CHAPTER 59 FUNDS: $ -0- )) MISCELLANEOUS FEES 1, Court Costs: $ 2. Filing Fees: $ Pagt 5 Fam dale 6114/11 _ Vol. 1 15 Pg. -4 c 3. Insurance: $ 4. Witness Fees: $ 5. Audit Costs and Fees: $ 6. Other (Providc Detail on Additional Sheet): $ TOTAL MISCELLANEOUS FEES PAID OUT OF CHAPTER 59 FUNDS: $ -0- K) TOTAL PAID TO COOPERATING AGENCY(IES) PURSUANT TO $ -0- LOCAL AGREEMENT: L) TOTAL OTHER PAID OUT OF CHAPTER 59 FUNDS (provide detailed descriptions on additional sheets) and attach to this report): $ M) TOTAL EXPENDITURES: S -a- NOTE: If you are governed by a Commissioners Court or a City Council, BOTH CERTIFICATIONS MUST BE COMPLETED. Otherwise, please complete the Agency Head Certification. CERTIFICATION I swear or affirm that the Commissioners Court or City Council has conducted the audit required by Article 59.06 of the Code of Criminal Procedure, unless after due inquiry, it has been determined that no accounts, funds or other property pursuant to Chapter 59 of the Code of Criminal Procedure are being held or have been transacted in the relevant fiscal year by the agency for which this report is being completed, and that upon diligent inspection of all relevant documents and supporting materials, I believe that this asset forfeiture report is true and correct and contains all of the required information. COUNTY JUDGE, MAYOR or CITY MANAGER (Printed Name): SIGNATURE: DATE: AGENCY HEAD CERTIFICATION I swear or affirm, under penalty of perjury, that I have accounted for the seizure, forfeiture, receipt, and specific expenditure of all proceeds and property subject to Chapter 59 of the Code of Criminal Procedure, and that upon diligent inspection of all relevant documents and supporting materials, this asset forfeiture report is true and correct and contains all information required by Article 59.06 of the Code of Criminal Procedure. I further swear or affirm that all expenditures reported herein were lawful and proper, and made in accordance with Texas law. AGENCY HEAD (Printed Name): Donald Lampo, constable Pct. 2 SIGNATURE, rorm Dine 6114111 Pig, 6 DATE: S 0 611 ` 1 RETURN COMPLETED FORM TO: Office of the Attorney General Criminal Prosecutions Division P_0, Box 12548 Austin, TX 78711 -2548 Attn: Kent Richardson (512 )936 -1348 kent.r ichardson(c'Doaa.state.tx. as WE CANNOT ACCEPT FAXED OR EMAILED COPIES. PLEASE MAIL THE SIGNED, ORIGINAL DOCUMENT TO OUR OFFICE AT THE ADDRESS ABOVE. Form Dalt 611 M11 Vol. j Pa Page 7 FY 2011 CHAPTER 59 ASSET FORMTURE, REPORT BY LAW ENFORCEMENT AGENCY Reporting Period: Agency Name: Brazos County Pct 3 Constable {local fiscal year} example: Agency Mulling Address: 1500 George Bush Drive _ College Station, Texas 77846 Phone Number. 979- 694 -7900 County: Brazos This should be a Email Address: permanent agency rstarnes @Co . brazos . tx . us email address NOTE: PLEASE AOUND ALL DOLLAR FICURES TO NEAREST WHOLE DOLLAR. T, sElzn FUNDS A) Beginning Balance: instructions: include total amount of seized funds on hand (in your agency's possession) at beginning of reporting period, Include funds that m8y have been forfeited but have not been transferred to your agency's forfeiture account. Do not include funds that are in an account held by another agency, e.g, the District Attorney's account, B) Seizures During Reporting Period: Instructions: include only those seizures which occurred during the reporting period and where she seizure atlidavit required by Article 59.03 is swom to by a peace officer employed by your agency. 1) Amount seized and retained in your agency's custody. 2) Amount seized and transferred to the District Attorney pending forfeiture. C) Interest Earned on Seized Funds During Reporting Period: Instructions: enter amount of interest earned on funds in your agency's seizure account during the reporting period Do not include interest earned if fonds are on deposit in an account that does not belong to your agency, e.g. the district Attorney's account. �. a........r Rmurried to Defendants /Respondents: 09 {01/2010- 08/31/2011 01/01111 to 12131/11, 09/01/10 to 08/31/11 eto. S -0- $ -0-- $ -0- S -0- $ -0- E) Amount Transferred to Forfeiture Account: Instructions: Inoludeall amounts in youragency's possession forfeited during theteporting period and transferred to your forfeiture account. Do not include funds that arc in an -0- .P,nn, int held by another agency, e.g. Lire District Attomey's account. F) Ending 138131100: _ p _ Instructions; Add lines A. B(I); and C, subtract lines D and E $ put total In line F. Page 1 FOMD le614111 Vol. 1 � � Pg. li. FORFEITED FUNDS A) Beginning Balance: Instructions*. Include total amount of forfeited funds that have been forfeited to your agency and am on hand (in your agency's account or in your agency's possession) at beginning of the reporting period including interest. Da not include funds that have been forfeited but not yet received by your agency. $ -0- 13) Amount Forfeited to and Received by Reporting Agency (Including Interest) During Reporting Period: Instructions. Do not Include amounts forfeited but not yet received by your agency'. interest refers to the amount earned prior to forfeiture and distributed as part of the judgment of for(eiture. C) Interest Earned on Forfeited Funds Durhug Reporting Period: .Instructions: Include only the amount of Interest earned on funds in your agency's forfeiture account or interest tamed on funds derived fiom the safe of forfeited property during the reporting period. Do not include interest earned if funds are on deposit in an S -0- account that does not belong to your agency, e.g. the District Adomey's account D) Proceeds Received by Your Agency From Sale of Forfeited Property: Instructions: Include amounts received for all property sold during the reporting period, even' f the subject property Nvas forfeited in a prior reporting period. E) Total Expenditures of Forfeited Funds During Reporting Period: instructions: From Total on Section Vi. F) Ending Balance: Instructions: Add tines A through D, subtract line E, place total in line F. $ -0- Ill. OTHER PROPERTY Instructions, List the number of items seized for the fallowing categaries. Include only those seizures where a seizure is made by a peace officer employed by your agency. If property is sold, list under "Proceeds Received by Your Agency From Sale of Forfeited Property" in Section U (D) in the reporting year in which time proceeds are received. Please mote - Ibis should be it number not a SEIZED FORFEITED TO RETURNED TO PUT INTO USE currency amount. Example 4 cars seized, l cars AGENCY DEFENDANTS / BY AOENCY forfeited and 0 cars put into use. RESPONDENTS 1) MOTOR VEHICLES (Include cars, motorcycles, I 1 tractor trailers, etc.) 2) REAL PROPERTY (Count each parcel seiud as one Item) 3) COMPUTERS (Include cot» puler and attached system components, such as printers and monitors, as one item) 4) FIREARMS (include only firearms seized for forfeiture under Chapter 59. Do notinctudeweapons disposed under Chapter I&) 5) OlherProperty- Description: Other Property -Description- Other Property - Description: Form Drra MCI � � l Vol. 1 5 pg. Page 3 TV. FORFEITED PROPERTY RECEIVED FROM ANO'T'HER AGENCY instructions: Enter the total number of items transferred to your agency where the forfeiture judgment awarded ownership of the property to another agency prior to the transfer. A) Motor Vehicles (the number of vehicles, not a currency amount): H) Real Property (the number of separate parcels of property, not a currency amount): M Computers (the number of computers, not a currency.amount): . D) Firearms (ft number of firearms, not a currency amount): P1 Other (the number of items, not a currency amount): V. FORFEITED PROPER'T'Y TRANSFERRED OR LOANED TO ANOTHER AGENCY Instructions: Enter the total number of items transferred or loaned from your A) Motor Vehicles (the number of vehicles, not a currency amount): I3) Real Property (the number of separate parcels of property, not a currcney amount: �-- 0 Computers (the number of computers, not a currency amount)s I Dl Firearms ( the number of breamis, not a currency amount): I E1 Other (the number of items, not a currency amount): I VI. EXPENDITURES Instructions: This category is for Chapter 59 expenditures SOLELY for law enforcement purposes - not for expenditures madepursuantto your general budget. List the Iota[ amount expended for each of the foilotiving categories. if proceeds are expended for a category not listed, state the amount and nature of the expenditure under the Other category. Al SALARIES Foam Dale 6114A 1. Increase of Salary. Expense, or Allowance forEtnployees (Salary Supplements): $ 9 0.5— t]..A..M.A Qm,iv v—.% Fnrroitcd Fundt! $ 3. Number of Employees Paid Using Forfeiture. Funds: TOTAL SALARIES PAID OUT OF CHAPTER 59 FUNDS: OVERTIME 1. For Employees Budgeted by Doveming Body. 2. For Employees Budgeted Solely out of Forfeiture Funds: 3. Number of Employees Paid Using Forfeiture Funds: TOTAL OVERTIME PAID OUT OF CHAPTER 59 FUNDS: a S 1r-�I — 4,r-; S -0- $ 'D- P.& i C) EQUIPMENT I. 'Vehicles: � 2. Computers: $ 3. Firearms, Vests, Personal Equipment: $ 4. Furniture: $ 5. Software: $ 6. Maintenance Costs: S 7. Uniforms: $ S. K9 Related Costs: $ 9. Other (Provide Detail on Additional Shee(): $ TOTAL EQUIPAIENT PURCHASED WITH CHAPTER 59 FUNDS: S � 0 D) SUPPLIES 1. OM C40 Supplies: $ 2, Cellular Air Time: $ 3, Internet: S 4, Odder (Provide Detail on Additional Sheet): S TOTAL SUPPLIES PURCHASED WITH CHAPTER 59 FUNDS: $ ' D' E) TRAVEL 1. Total In State Travel $ a) Lodging: S b) Air Fare: $ o) Meals (including per diem): $ d) Car Rental: $ 2. Total Out of State Travel $ a) Lodging: $ b) Air Fare: S c) Meals (including per diem): $ d) Car Rental: $ 3. Fuel: S 4. Parking Page I Poem Dale 6/14111 t lnl 15R . 4(a s- other (Provide Detail on Additional Sheet): TOTAL TRAVEL PAID OUT OF CHAPTER S9 FUNDS: Ft TRAINING 1. Fees (Conferences, Seminars): 2. Materials Books. CDs, Videos, etc.): 3. Other (Provide Detail on Additional Sheet): TOTAL TRAINING PAID OUT OF CHAPTER S9 FUNDS M INVESTIGATIVE COSTS S� $ -0- S S '0- l: Infonnant Costs: S 2. Buy Money. S 3. Lab Expenses: $ 4. Other (Provide Detail on Additional Sheet) : S TOTAL INVESTIGATIVE COSTS PAID OUT OF CHAPTER 59 FUNDS: H) TOTAL PREVENTIONITREATMENT PROGRAMSMINANCIAL ASSISTANCE I. Total Prevention) malment Programs (pursuant to 59.06 (h), p). 0): S 2. Total Financial Assistance (pursuant to Articles 59.06 (n) and (a)): S TOTAL PREVENTIONITREATAIENT PROGRA41SIFINANCIAL ASSISTANCE (pursuant to Articles 59.06 (h), (n), (o)): i. Building Purchase: S 2. Lease Payments: S 3. Remodeling: S 4. Maintenance Costs: S 5. Utilities: S 6. Other (Provide Detail on Additional Sheet): $ TOTAL FACILITY COSTS PAID OUT OF CHAPTER 59 FUNDS: .f) MISCELLANEOUS FEES 1. Court Costs: S 2. Piling FM: S Fam Data MOM 1 Vol. I le� a pg. 14`7 - S -0- $ -0- $ -0- Pags t 3. Insurance: 4. Witness Fees: S. Audit Costs and Fees: 6. Other (Provide Detail on Additional Sheet): TOTAL MISCELLANEOUS FEES PAID OUT OF CHAPTER 59 FUNDS: S -0- K} TOTAL PAID TO COOPERATING AGENCY(IES) PURSUANT TO S -0- LOCAL AGREEMENT: Q TOTAL OTHER PAID OUT OF CHAPTER 59 FUNDS- (provide detailed j atescriplions on addillonal sheet(s) and aunch to this report): h>7 TOTAL EXPENDITURES: I S NOTE: If you aregoverned by a Commissioners Court or a City Council, BOTH CERTIFICATIONS MUST BE COMPLLTED. Otherwise, please complete the Agency Head Certification. CERTIFICATION I swear or affirm that the Commissioners Court or City Council has conducted the audit required by Article 59.06 of the Code of Criminal Procedure, unless after due inquiry, it has been detennined that no accounts, funds or other property pursuant to Chapter 59 of the Code of Criminal Procedure are being held or have been transacted in the relevant fiscal year by the agency for which this report is being completed, and that upon diligent inspection of all relevant documents and supporting materials, I believe that this asset forfeiture report is true and correct and contains all of the required information. COUNTY JUDGE, MAYOR or CITY MANAGER (Printed Name): Duaike �Petsrss,,,Coxyaty 3udge SIGNATURE: DATE: AGENCY HEAD CERLFICATION I swear or affirm, under penalty of perjury, that I have accounted for the seizure, forfeiture, receipt, and specific expenditure ofall proceeds and property subjectto Chapter 59 ofthe Code of Criminal Procedure, and that upon diligent inspection ofafl relevant documents and supporting materials, this asset forfeiture report is true and correct and contains all information required by Article 59.06 of the Code of Criminal Procedure. I further swear or affirm that all expenditures reported herein were lawful and proper, and made in accordance with Texas law. AGENCY HEAD (Printed Name): RickAtarnes, instable Pct. 3 SIGNATURE: FG=D1tean4111 Vol. 15 'CR pg. 8 raw b DATE: RETURN COMPLETED FORM TO: Office of the Attorney General Criminal Prosecutions Division P.O. Box 12548 Austin, TX 78711 -2548 Attu: Kent Richardson (512)936-1349 kent.-rii[itrdson r _Ozfg.state.tx.iis -- WE CANNOT ACCEPT FAXED OR EMAILED COPIES. PLEASE MAIL THE SIGNED", ORIGINAL DOCUMENT TO OUR OFFICE AT THE ADDRESS ABOVE. Foam Dris N1 ,01 1 Vol. ) cJ ) Pg. 4 9 Pigs 7 Agency Name: Agency Mailing Address: County: Phone number: Email Address FY 2011 Chapter 54 Asset Forfeiture Report by Attorney Representing the State Brazos County Attorney RcportingPeriad: 09/01/10 -08 /31/11 (example: 911110.08/31 /11) 300 E 26th St. Ste 1300 Bryan, Texas 77803 Brazos 979 - 361 -4300 rander son@Co . brazos . tX . us (This sbauld be a permanent agency email address) NOTE: PLEASE ROUND ALL DOLLAR AMOUNTS TO NEAREST WHOLE DOLLAR I SEI7FD FrUNDS A) Beginning Balance; Instructions. Include total amount of seized funds on band (in your agency's possession) at the beginning oftb e reporting Period including interest. jmclude funds that may have been forfeited but have not been hxnsferred to your ageucy's forfeiture account. Do not include funds that are in an account held by another agrney, e.g. a police department's account. $ - 0 _ B) Seizures During Reporting Period. 1) Amount Seized By Employees of Your Agency Instructions: Include only those seizures which occutrcd during the reporting period and where the - 0 - �� �.. A— . c0 to :, —M to by a Deaee Officer employed by your agency. S 2) Amount Seized by Other Agencies: Distractions: include only amounts seized by other agencies in your jurisdiction and which have been tnanafcsrcd to your office for custody pending forfeiture. C) Forfeiture Petitions Filed For All Agencies You Represent: Instructions: Enter the total amount of seized funds for which forfeiture petitions were filed during the reporting period. Dono[i ncl ude amounts seized ifa petition has not beealfiied .Note:this may include all or part of the funds listed in B above due to the 30 day limitations period on filing 5 - 0- Detitions. (This should be a currency amount, for example D) E) Forfeitures Pending For All Agencies You Represent lnstroetlons: Enter the total amount of seized funds at the end of the repotting period where a forfeiture petition has been filed but oo final judgment has been entered. Include amounts subject to petitions filed m prior reporting periods. C Nsshouldbeacurrency amount, farexampkS1,000). Interest Earned on Seized Funds During Reporting Period: Instructions: Include only the amount of interest eamcd on seized funds or funds that may have been forfeited but not yet transferred to your forfeiture aecouot. Do not include interest earned oa seized fi,,,da that are on denasit in an account that does not belong to your agency. A.nmmt Returned To S -0 G) AmotmtTransferred to Forfeinae Account ossession fadeitedduring the repotting period Instructions: Include all amounts in your agency's p S -0- and transferred to your forfeiture account. Foam D.I. 0611411 t LEA Pg. �() Paso 1 H) Ending Balance: _ 0 Insk-octions: Add limes A, B(1), B(2) and E, subtract lines F and G. place total in line H. S H. FORFEITED FUNDS A) BcOming Balance: instructions: Include total amount of forfeited funds that bave been forfeited to your agency and are on hand [n your agency's account or in your agency's possession) at the beginning of the reporting period including interest Do not include funds that have been forfeited but have not yet $ 723 been received. by Your aRencY. B) Amount Forfeited For All Agencies You Represent and Covered by Local Agreement: Instructions: Enter the total amount forfeited by all forfeiture judgments in yourjurisdietion for the reporting year. Do not include judgments that arc not yet final due to appeal or motions for new trial. - include interest that was forfeited as part of the judgment. 1) Amount Forfeited and Transferred to all Agencies Covered by Local Agmerowt: Instructions: Do not include amounts forfeited but not yet transferred to these agencies. Include $ -0- interest that has been forfeited as part of the judgment. 2) Amount Forfeited and Received by Your Agency: Instruct ions: Do mot iaclude amounts forfeited but not yet received by your agency. Do not include amounts awarded to other agencies. Include interest that was forfeited as part of the judgment. S -0- C) Interest Earned on Forfeited Funds During Reporting Period: Instructions: Include only the amount of interest earned on forfeited funds or interest earned on funds derived from the sale of forfeited property. Do not include interest amounts that were repotted in line B2 above, Do tot include interest earned if funds arc on deposit in an'acoount that does not 3 belong to your agency. $ D) Proceeds Received by Your Agency From Sak of Forfeited Property: Instructions: Include amounts received for all property sold doting the reporting period, even if - 0 - the subiect trooeriv was forfeited in a prior reporting period. S E) Total Expenditures of Forfeited Funds During Reporting Period: $ instructions: From Total on Section VL F) Amount deposited to State Treasury to the Credit of the Gemeral Revenue Fund Due to Lack of Local t 3 -0- Agremmmt (Art 59.06 (a)): I - G) Ending Balance: 726 Insiroetions: Add lines A, B(2), C and D. subtract lines E and F, place total in line G. - S PINS 2 F.M Ddb W1 U# 1 Vol. Pg I - III. OTHER PROPERTY Instructions: List or disposedforthefollowingcategories. List as "pending "onlyraseswhere Ti a petition was filed. List as "seized" only these seizures where a seizure is made by a peace officer employed by your agnep�c If property is sold list under "Proceeds Received by Your Agency from Sale of Forfeited Property" in Section 11 (D) reporting year in which the proceeds are reccivcd. Please Note: these FIREARMS Include OTHER MOTORVEIilCLES REAL PROPERTY COMPUTERS ( should. be a number, not (Include rare, (Count each parcel Include computer only firearms seized (In elude s currency amount. For motorcycles, tractor seized as one item) and attacbed system for forfeiture under description) example: 4 pending, 3 trailers, etc.) components, such os Chpk a Do not seized, 12 new printers and monitors include weapons petitions, etc_... as one item) disposed of under Chpk 18) Pending for all agencies at beginning of reporting period: Seized by your agency during reporting period: New petitions filed for all agencies during reporting period: Forfeited to your agency during reporting period: Put into service by your agency during reporting period: Pending for an agencies at and of reporting period: IV. FORFEITED PROPERTY RECEIVED FROM ANOTHER AGENCY Iusts alons: Eater the total number of items transferred to your agency where the forfeiture judgment awarded ownership of the property to another agency prior to the transfer. A) Motor Vehicles (the number of vehicles, not a Currency amount): B) Real Property (the number of separate parcels of property, not a currency amount): C) Computers (the number of computers, not a currency amount): I7) Firearms (the umber of firearms, not a currency amount): E) Other (the number of items, not it currency amount): V. FORFEITED PROPERTY TRANSFERRED OR LOANED TO ANOTHER AGENCY Instructions: Enter the total number of items transferred from your agency where the forfeiture judgment awarded ownership of the property to your agency prior to the transfer. s1 Motu Vehicle* (the number of vehicles, not a currency amount): B) Rea) Property (the number of separate parccla of prape ty not a emcney amount): 1428 Fmm We 00411 1 VOL 1 1 A P9. b a C) Computers (the number of computers, not a currency amount); D) Firearms (the number of firearm, not a cmency amount): E) Other ithe number of items, not a currency amount): I Vl. EXPENDITURES Instructions: This category is for Chapter 59 expenditures SOLELY for the official purposes of the ofllce of the attorney representing the state - not for expenditures made pursuant to your general budget. List the total amount expended for each of the following categories. Ifproceeds art expended for a category not listed, state the amount and nature of the expenditure under the Other Category. Al SALARIES 1. Increase of Salary, Expense. or Allowance for Employees (Salary Supplements): S 2. Salary Budgeted Solely From Forfeited Funds: S 3, Number of employees Paid Using Forfeiture Funds: TOTAL SALARIES PAID OUT OF CHAPTER 59 FUNDS: B) OVERTIME 1. For employees Budgeted by Governing Body: S 2, For Employees Budgeted Solely out of Forfeiture Funds: S 3. Number of employees Paid Using Forfeiture Funds: TOTAL OVERTIME PAID OUT OF CHAPTER 59 FUNDS: S -0- C) EQUIPMENT I. Vehicles: S 2. Computers: $ 3. Firearms, Vests, Personal Equipment S d. Furniture: S 5. Sotlwam: S 6. Maintenance Costs: $ 7. Uniforms: $ B. K9 Related Costs: S 9. Other (Provide Detail m Additional Sheet): T TOTAL EQUIPMENT PURCHASED WITH CHAPTER 59 FUNDS: D) SUPPLIES 1. Office Supplies: S Pqe� Fm new 0014111 i l 1D- 5° Z. Cellular Air Time: $ $ 3, Internet 4. Other (Provide Detail on Additional Sbcet): $ S -0- TOTAL SUPPLIES PURCHASED WTTH CHAPTER 59 FUNDS: E) TRAVEL 1. Total In State Travel S $ a) Lodging: b) Air Fare: S c) Meals (including per diem); S d) Car Rental: $ S 2_ Total Out of State Travel a) Lodging: S $ S $ S $ S 5 -0- b) Air Fare: C) Meals (including erdiotn): d) Car Rental; 3. Fuel : 4. parking: S. Other (Provide Detail on Additional Sbeet): TOTAL TRAVEL PAID OUT OF CHAPTER 59 FUNDS: F) TRAINING I. Fccs (Conferences, Seminars): $ $ 2 Materials (Hooks, CDs, Videos, etc.): 3. Other (Provide Detail on Additional Sbeet): S TOTAL TRAINING PAID OUT OF CHAPTER 59 FUNDS: G) INVESTIGATIVE COSTS 1. lnfmmant Costs: $ S y. Buy Mone y: 3. Lab Expenses: $ S $ - 0 - 4. Other (Provide Detail on Additional Sbect): TOTAL INVESTIGATIVE COSTS PAID OUT O F CHAPTER 59 FUNDS: Form Die osn4n 1 . •. f.•. . Vol._ 01v Pa. s4 rea. s H) PREVENTIONITREATMENT PROGRAMS/FINANCIAL ASSISTANCE (pursuant to Articles 59.06 (h), (1), a), (a), (o)) poem DmU w14 /] t Vol. i _cj A Pg. -5s l+te 6 1. Total Prevcution/freatment Programs (pursuant to 59.06 (h), (1), S 2. Total Financial Assistance (pursuant to 59.06 (n) and (o)): TOTAL PREVENTIONITREATMENT PROGRAMSIFINANCIAL ASSISTANCE (PURSUANT TO ARTICLES 59.06(h), (1), (j), (n), (o)): 5 - 0 - 1) FACILITY COSTS I. Building Purchase: $ $ S S S S 2. Lease Payments: 3. Remodeling: 4. Maintenance Costs: 5. Utilities: _ 6. Other (Provide Detail on Additional Sheet): TOTAL FACIIdTY COSTS PAID OUT OF CHAPTER S9 FUNDS: T) MISCELLANEOUS FEES. 1. Court Costs: S $ S S S S -0- S 2. Piling Fees: 3. Insurance: 4. Witness Fees: 5. Audit Costs and Fees: 6. Other (Provide Detail on Additional Sheet) : TOTAL MISCELLANEOUS FEES PAID OUT OF CHAPTER 59 FUNDS: IC TOTAL PAID TO COOPERATING AGENCY(IES) PURSUANT TO -0- LOCAL AGREEMENT' S L) TOTAL OTHER PAID OUT OF CHAPTER 59 FUNDS (provide detailed -0- descriptions on additional sheet(s) and attacb to this report): S M) TOTAL EXPENDITURES: poem DmU w14 /] t Vol. i _cj A Pg. -5s l+te 6 BOTH THE COMMISSIONERS COURT AND ATTORNEY REPRESENTING THE STATE CERTIFICATIONS MUST BE COMPLETED NOTE: ART. 59.06(g)(1) requires the Commissioners Court to perform the audit. CERTIFICATION 1 swear or affirm thatthe Commissioners Court has conducted the auditrequired by Article 59.06 of the Code of Criminal Procedure, unless after due inquiry, it has been determined that no accounts, funds or other property pursuant to Chapter 59 of the Code of Criminal Procedure are being held or have been transacted in the relevant fiscal year by the agency for which this report is being completed, and that upon diligent inspection of all relevant documents and supporting materials, I believe that this asset forfeiture report is true and correct and contains all of the required information. COUNTY JUDGE (Printed Name): ane Pet Co ty Judge SIGNATURE: COUNTY: Brazos f DATE: j f CERTIFICATION I swear or affirm, under penalty of perjury, that I have accounted for the seizure, forfeiture, receipt, and specific expenditure of all proceeds and property subject to Cbapter 59 of the Code of Criminal Procedure, and thatupon diligent inspection of all relevant documents and supporting materials, I believe tbatthis asset forfeiture report is true and correct and contains all information required under Article 59.06 of the Code of Criminal Procedure. 1 further swear or affirm that all expenditures reported herein were lawful and proper, and were made in accordance with Texas law. ATTORNEY REPRESENTING THE STATE (Elected Official) (Printed Rodney Anderson, County Attorney Name): — �^► y SIGNATURE: DATE: / �b l RETURN COMPLETED FORM TO: Office of the Attorney General Criminal Prosecutions Division P.O. Box 12548 Austin, TX 78711 -2548 Attn: Kent Richardson (512)936 -1348 E -mail: kentri-.hardson�oag.state.tx.us WE CANNOT ACCEPT FAXED OR EMAILED COPIES. PLEASE MAIL THE SIGNED, ORIGINAL DOCUMENT TO OUR OFFICE AT THE ADDRESS ABOVE. form nave. mi N 1 E � r i 1 A Dry 5 rsO FY 2011 CHAPTER 59 ASSET FORFEITURE REPORT By LAW ENFORCEMENT AGENCY Agency Name: Reporting Period: Brazos County Sheriff Office (local fiscal year) 09/01/2010- 48/31/2011 Agency Mailing example: 17 00 Hwy 21 W 01101 /11 to 12/31/1 1, 49101110 to 0813 t/1 ! tta_ Address: Bryan, Texas 77803 Phonc Number: 979-361-410D County: Brazos Email Address: Ibis should be a permanent agenoy chriskirkehighsheriff . corn email address NOTE: PLEASE ROUND ALL DOLLAR FIGURES TO NEAREST WHOLE DOLLAR. ]. SEIZED FUNDS A) Beginning Balance: Instructions: Include to W amount of seized funds on hand (in your agency's possession) at beginning of reporting period. include Amds that may have been foricited but have not been transferred to your agency's forfeiture account- Do not include funds that are in an $ account held by another agency, c.g., the District Attorney's account. a) Seizuraa During Reporting Period: Instructions: include only those seizures which occurred during the reporting period and where tha seizure affidavit required byArtielc 59.03 is sworn to by apeacc officer employed by your agency, 1) Amount seized and retained in your agency's custody. $ -0- 2) Amount seized and transferred to the District Attorney pending forfeiture. S 12,500 C) interest Earned on Seized Funds During Reporting Period: Instructions: Faster amount of interest earned on funds in your agency's seizure ,account during the reporting period. Do not include interest earned if funds are on depotit in an -0- account that does not belong to your agency, e.g. the District Attorney's account, $ D) Amount Returned to Defendants/Respondents: S 70 E) Amount Transferred to PorPerture Account: Instructions: Include all amounts in your agency's possession forRited during thereporting period and transferred to your forfeiture account Do not include funds that am in an - 0 account held by another agency, e.g. the District Attorney's account. $ F) Ending Mance: Instructions: Add lines A. B(1); and C, subtract lines D and E, put torsi in line F. $ (7 0 ) Fom Dar an 4111 Vol. c-, QZ pg. J ?roc 1 IL FORFEITED FUNDS A) Beginning Balance: Instructions: Include total amount of forfeited funds that have been forfeited to your agency and are on hand (n your agency's account or in your agency's possession) at beginning of the reporting period including interest. Do not include funds that have been forfeited but not yet received by your agency. $ 26,181 B) Amount Forfeited to and Received by Reporting Agency (Including Interest) During Reporting Pericd: Instructions: Do not include amounts forfeited but not yet received by your agency. interest refers to the amount earned prior to forfeiture and distributpd as part of the S 1,980 iudgmcnt of forfeiture. C) interest Earned on Forfeited Funds During Reporting Period: .Instructions: Include only the amount of interest earned on funds in your agency's forfeiture account or interest earned on funds derived from the sale of forfeited property during the reporting period. Do not include interest earned if funds are on deposit in an S 109 account that does not belong to your agency, e.g. the District Attorney's account D) Proceeds Received by Your Agency From Sale of Forfeited Property: Instructions: include amounts received for all property sold during the reporting period, even if the subject property was forfeited in a prior repotting period. S -0- E) Total Expenditures of Forfeited Punds During Reporting Period: I S 1,216 Instructions: From Total on Section Vl. t F) EndingBalanec: 27,054 Instructions: Add lines A through D, subtract line E, place total in line F. S III, OTHER PROPERTY instructions: List the number of items seized for the fallowing categories. Include only those seizures where a seizure is made by a peace officer employed by your agency. If property is sotd, list under "Preeeeds Received by Your Agency From Sate of Forfeited property" in Section 11(D) in the reporting year in which the proceeds are received. Please note - this should be a number not a currency amount. Example 4 cars seized, 3 cars forfeited and 0 cars put into use. SEIZED FORFE TED TO AGENCY RETURNED TO DEFENDANTS/ RESPONDENTS PUT Ildi'O USE BY AGENCY 1) MOTOR VMICLES (Include ears, motorcycles, tractor trailers, ere.) 2) REAL PROPERTY (Count each parcel seized as one item) 3) COMPUTERS (Include coinputor and attached system components, such as printers and monitors, as one item) 4) FIREARMS (Include only firearms seized for forfeiture underChapter$9. Donotincludeweapons disposed under Chapter 18.) 5) Other Property - Description: Other Property -Description: Other Property -Description: Prac 2 porn Dde 6n4111 VOL- 1,5 -A P9. STY IV, FORFEITED PROPERTY RECEIVED FROM ANOTHER AGENCY Instructions: Enter the total number of items transferred to your agency where the forfcituro judgment awarded ownership of the property to another agency prior to the transfer. A) Motor Vehicles (the number of vehicles, not a currency amount): B} Real Property (the number of separate parcels of property, not s currency amount): Q Computers (the number of computers, not a currency amounQ: i» Firearms (tho number of 5rearms, not a currency amount): El Other (the number of items, not a currency amount): V. FORFEITED PROPERTY TRANSFERRED OR LOANED TO ANOTHER AGENCY Instructions: Enter the total number of items transferred Or loaned from your agency where the forfeiture judgment awarded ownership of the property to your agency prior to the transfer. A) Motor Vehicles (the number of vehicles, not a currency amount): ' B) Real Property (the number of separate parcels of property, not a currency amount: G') Computers (the number of computers, not a currency amount)' D) Firearms ( the number of firearms, not a currency amount): E} Other (the number of items, not a currency amount): Vl. ERPENDiTLrM InatraetiQnat ThiS category is for Cbepter 59 expenditures SOLELY for law enforcement purposes • not for expenditures made pursuant to your general budget. List the total amount expended for each of tha following categories. if proceeds are expended for a category not listed, state the amount and nature Of the expenditure under the Other category. SALARIES I. Increase of Salary, Expense, or Allowance for Employees (Salary Supplemen 2 Salary Budgeted Solely From Forfeited Funds: 3. Number of Employees Paid Using Forfeiture Funds: I TOTAL SALARIES PAID OUT OF CHAPTER 59 FUNDS: 8) OVERTIME FoM DMe 6/7 V l 1 1. For Employees Budgeted by 0oveming Body. 3. Number of Emoloyees Paid Using Forfeiture Funds: i TOTAL OVERTIME PAID OUT OF CHAPTER 59 FUNDS' Vol. l g• S $ S $ —0— hge 3 C) EQUIPMENT 1, Vehicles: 2. Computers: 3, Firearms, Vests, Personal Equipment: 4. Furniture: 5. Software: 6. Maintenance Costs' 7. Uniforms: 8. K9 Related Costs: 9. Other (Provide Detail on Additional Sheet): TOTAL EQUIPMENT PURCHASED WITH CHAPTER 59 FUNDS: S S S S 5 S 1,216 3 S S $ 1,216 D) SUPPLrm 1. Office Supplies: S 2. Cellular Air Time : S 3. lntemet S 4. Other (Provide Detail on Additional Sheet) : S TOTAL SUPPLIES PURCHASED WITH CHAPTER 59 FUNDS: $ -0 - E) TRAVEL 1, Total In State Travel $ a) lodging: S b) Air Fare: $ c) Meals (including per diem): $ d) Car Rental: S 2. Total Out of State Travel S a) Lodging: $ h) Air Fare: S e) Meals (including per diem): S d) Car Rental: Is 3. Fuel: S 4. Parking: S Pays Farm Date 6/11111 'Vol, pg. 1° -© S. Other (Provide Detail on Additional Sheet): S TOTAL TRAVEL PAID OUT OF CHAPTER 59 FUNDS: F1 TRAINING I, Fees (Conferences, Seminars): 2 Materials (Books, CDs, Videos, do.): 3. Other (Provide Detail on Additional Sheet): TOTAL TRAINING PAID OUT OF CHAPTER 59 FUNDS a S S S '0` G) INVESTIGATIVE COSTS t. Informant Costs: S 2. Buy Money: S 3, Lab Expenses: S 4. Other (Provide Detail on Additional Sheet)' S TOTAL INVESTIGATIVE COSTS PAID OUT OF CRAFTER 59 FUNDS: TOTAL PREVENTIONaREATMENT PROGRAMS/FINANCIAL ASSISTANCE S -0' 1. Total Prcvcotion/Prcei rent Programs (pursuant to 59.06 (h), 2. Total Financial Assistance (pursuant to Articles 59.06 (n) and (o)): $ TOTAL PREVENTIONfrREATMENT PROGRAMS /FINANCIAL ASSISTANCE (pursuant to Articles 59.06 (h), (n), (o)): 1) FACILITY COSTS' 1. Building Purchase: S 2, Lease Payments: $ 3. Remodeling: S 4_ Maintenance Costs: $ 5. Utilities: S 6. Other (Provide Detail no Additional Sheet): $ TOTAL FACILITY COSTS PAID OUT OF CHAPTER 59 FUNDS: $ 1] MISCELLANEOUS FEES 1. Court Costs: 2. Filing Fees: Form Due 611411 voY. '5' �A pg. S S Pere 5 3. Insuranx: 4, Witness Fees: $ 5, Audit Costs and Fees: S 6. Other (Providc Detail on Additional Sheet): $ TOTAL MISCELLANEOUS FEES PAID OUT OF CHAPTER 59 FUNDS: K) TOTAL PAID TO COOPERATING AGENCY(IES) PURSUANT TO S -0- LOCAL AGREEMENT: L) TOTAL OTHER PAID OUT OF CHAPTER 59 FUNDS (provide detailed S - 0- destriptions on additional sheet(s) ind attach to this report): M) TOTALEXPENDn*URES• 3 1,21b NOTE: If you are governed by a Commissioners Court or a City Council, BOTH CERTIFICATIONS MUST BE COMPLETED. Otherwise, please complete the Agency Head Certification. CERTIFICATION I swear or affirm that the Commissioners Court or City Council has conducted the audit required by Article 59.06 of the Code of Criminal Procedure, unless after due inquiry, it has been determined that no accounts, funds or other property pursuant to Chapter 59 of the Code of Criminal Procedure are being held or have been transacted in the relevant fiscal year by the agency for which this report is being completed, and that upon diligent inspection of all relevant documents and supporting materials, I believe that this asset forfeiture report is true and correct and contains all of the required information. COUNTY JUDGE, MAYOR or CITY MANAGER (Printed Name): ua�na Peter aunty Judge SIGNATURE: DATE. AGENCY HEAP CERTIFICATIO I swear or affirm, under penalty of perjury, that I have accounted for the seizure, forfeiture, receipt, and specific expenditure of all proceeds and property subject to Chapter 59 of the Code of Criminal Procedure, and that upon diligent inspection of all relevant documents and supporting materials, this asset forfeiture report is true and correct and contains all information required by Article 59.06 of the Code of Criminal Procedure. 1 further swear or affirm that all expenditures reported herein were lawful and proper, and made in accordance with Texas law. AGLNCY HEAD (Printed Name)! Christ a Kirk, Brazos County Sheriff SIGNATURE: i- Pam D84 6114!11 voi. _ _� pg. ?W a DATE: RETURN COMPLETED FORM TO: Office of the Attorney General Criminal Prosecutions Division P.O. Box 12548 Austin, TX 78711 -2548 Attn: Kent Richardson (5I2)936 -1348 ker?t.rithardsou(@-oag.statr.tx.us WE CANNOT ACCEPT FAXED OR EMAILED COPIES. PLEASE MAIL THE SIGNED, ORIGINAL DOCUMENT TO OUR OFFICE AT THE ADDRESS ABOVE. Twm D.ts W14!1! 'Vol. _____ ) 5 cO P,. 46 Pie 7 FREQUENTLY ASKED QUESTIONS WHO IS REQUIRED TO FILL OUT THIS FORM? Any agency that has the authority to receive property forfeited under Chapter 59 of the Code of Criminal Procedure or has the authority to hire peace officers is required to fill out this form and return to the Office of the Attorney General (OAG). This includes but is not limited to. 1) 2) Airport Police City Attorney* 9) Police Departments City Marshal 10 Public Universities and Junior Colleges 4) Constables 11) School Districts with Police Departments ) 6 County Attorney 12 Sheriff D } District Attorneys 1 3) State Agencies 7) Fire Departments /Fire Marshal 14) Task Forces 8) Hospital Districts 15) Water Districts * City attorneys are only required to fill out this form if their city bas a population over 250,000 WHO 18 REQUIRED TO pERFORM THE AUDIT? If an agency is governed by a Commissioner's Court or City Council, the Commissioners Court or City Council is required to perform the audit pursuant to Art. 59.06(8)(1) of the Code ofCrirdiasl Procedure. For attorneys representing the state, this means that the Cammissionera Court shall perform the audit (in a multi county district, all commissioners courts in the district shall perform the audit). M Y AGENCY IS REQUIRED TO FILL OUT THE FO RM, BUT D OE SN'T SEIZE ANY ASSETS - WHAT DO 1 DO? YOU may use the Chapter 54.069(1) Certifteetion (available on our website) or simply fill out the form with zeros, sign, and return to the OAG. WHEN IS THE REPORT DUE? Per the statute the report is due 60 days after the and of the agency's fiscal year except for District Attorneys. District Attorney reports art due 60 days after the end of the state fiscal year (08/31). The OAG may give one fifteen day extension. WHAT TYPE OF SEIZURES AND EXPENDITURES TO REPORT: You are only required to report those seizures made pursuant to Chapter 59 of the Code of Criminal Procedure. You are only required to report those expenditures made out of fitnds forfeited p federal seizures on this form. ursuant to Chapter 54. You do not report WHAT IF I HAVE CONFIDENTIAL EXPENDITURES THAT MIGHT COMPROMISE INVESTIGATIONS IF DETAILED IN THE REPORT? Ifbreaking out confidential informant payments and buy money as shown on the form might compromise investigations, picas@ fill out only the Total investigative Costa line and attach as explanation of the reasons for this to the report. P Voi. g. FY 2011 CHAPTER 59 ASSET FORFEITURE REPORT BY LAW ENFORCEMENT AGENCY Agency Name: Beginning Balance: Rcpor(ing Period. Brazos County s1U (local fiscal year) Agency Mailing at beginning of reporting period. Include funds that may have been forfeited but have not example: Address: 1700 Hwy 21 W Bryan, Texas 77803 Phone Number: 979-361-4100 County: Brazos Email Address: where the seizure affidavit required by Article 59.03 is sworn to by a peace officer employed This should be a by your agency. permanent agency ehriskirkQhighsherif €.com email address NOTE: PLEASE ROUND ALL DOLLAR FIGURES TO NEAREST WHOLE DOLLAR. SEIZED FUNDS 09/01/2010- 08/31/2011 01 101 /11 to 12131/11, 09 /01 /10 to 08 /31/11 etc. A) Beginning Balance: Instructions: Include total amount of seized funds on hand (in your agency's possession) at beginning of reporting period. Include funds that may have been forfeited but have not been transferred to your agency's forfeiture account. Do not include funds that are in an account held by another agency, e.g., the District Attorney's account. B) Seizures During Reporting Period: Instructions: Include only those seizures which occurred during the reporting period and where the seizure affidavit required by Article 59.03 is sworn to by a peace officer employed by your agency. 1 ) Amount seized and retained in your agency's custody. $ - 0 - 2) Amount seized and transferred to the District Attorney pending forfeiture. $ 250 C) Interest Earned on Seized Funds During Reporting Period: Instructions: Enter amount of interest earned on funds in your agency's seizure yccount during the reporting period. Do not include interest earned if funds are on deposit in an account that does not belong to your agency, e.g. the District Attorney's account. $ -0- D) Amount Returned to Defendants /Respondents: $ 4,251 E) Amount Transferred to Forfeiture Account Instructions: Include all amounts in your agency's possession forfeited during the reporting period and transferred to your forfeiture account. Do not include funds that are in an account held by another agency, e.g- the District Attorney's account. $ 545 F) Ending Balance: Instructions: Add lines A, B(1), and C, subtract lines D and E, put total in line v. $ (4,796) Farm 0.1e 6114111 Vol. 5 i t pg. �F Page 1 FORFEITED FUNDS A) Beginning Balance: FORFEITED TO AGENCY RETURNED TO DEFENDANTS 1 RESPONDENTS Instructions: Include total amount of forfeited funds that have been forfeited to your 1) MOTOR VEHICLES (include cars, motorcycles, tractor trai]as, etc.) agency and ate on hand (in your agency's account or in your agency's possession) at 2 beginning ofthe reporting period including interest. Do not include funds that have been forfeited but not yet received by your agency. $ 2, 666 B) Amount Forfeited to and Received by Reporting Agency (Including Interest) During Reporting Period- 4) FIREARMS (Include only firearms seized for forfeiture under Chapter 59. Do not include weapons disposed under Chapter 18.) Instructions: Do not include amounts forfeited but not yet received by your agency; interest refers to the amount earned prior to forfeiture and distributed as part of the 1 judgment of forfeiture. $ 545 C) Interest Earned on Forfeited Funds During Reporting Period Instructions: Include only the amount of interest earned on funds in your agency's forfeiture account or interest earned on funds derived from the sale of forfeited property during the reporting period. Do not include interest earned if funds are on deposit in an $ _ account that does not belong to your agency, e.g. the District Attorney's account. D) Proceeds Received by Your Agency From Sale of Forfeited Property: Instructions: Include amounts received for all property sold during the reporting period, even if the subject property was forfeited in a prior reporting period, $ - 0 - E) Total Expenditures of Forfeited Funds During Reporting Period: Instructions: From Total on Section Vi, $ 545 F) Ending Balance: Instructions: Add lines A through D, subtract line E. place total in line F. $ 2,666 Ill. OTHER PROPERTY Instructions: List the number of items seized for the following categories. Include only those seizures where a seizure is made by a peace officer employed by your agency. If property is sold, list under "Proceeds Received by Your Agency From Sale of Forfeited Property" in Section II (D) in the reporting year in which the proceeds are received. Please note - this should be a number not a currency amount. Example 4 cars seized, 3 cars forfeited and 0 cars put into use. SEIZED FORFEITED TO AGENCY RETURNED TO DEFENDANTS 1 RESPONDENTS PUT INTO USE BY AGENCY 1) MOTOR VEHICLES (include cars, motorcycles, tractor trai]as, etc.) 2 2) REAL PROPERTY (Count each parcel seized as one item) 3) COMPUTERS (include computer and attached system components, such as printers and monitors, as one item) 4) FIREARMS (Include only firearms seized for forfeiture under Chapter 59. Do not include weapons disposed under Chapter 18.) 3 5) Other Properly - Description: safe 1 Other Property - Description: Other Property - Description: Form Doe W14111 Pg. Page 2 IV. FORFEITED PROPERTY RECEIVED FROM ANOTHER AGENCY Instructions: Enter the total number of items transferred to your agency where the forfeiture judgment awarded ownership of the property to another agency prior to the transfer. A) Motor Vehicles (the number of vehicles, not a currency amount): B) Real Property (the number ofseparate parcels ofproperty, not a currency amount): C) Computers (the number of computers, not a currency amount): D) Firearms (the number of firearms, not a currency amount): E) Other (the number of items, not a currency amount): V. FORFEITED PROPERTY TRANSFERRED OR LOANED TO ANOTHER AGENCY Instructions: Enter the total number of items transferred or loaned from your agency where the forfeiture judgment awarded ownership of the property to your agency prior to the transfer. A) Motor Vehicles (the number of vehicles, not a currency amount): B) Real Property (the number of separate parcels of property, not a currency amount: C) Computers (the number of computers, not a currency amount); D) Firearms ( the number of firearms, not a currency amount): E) Other (the number of items, not a currency amount): VI. EXPENDITURES Instructions: This category is for Chapter 59 expenditures SOLELY for law enforcement purposes - not for expenditures made pursuant to your general budget. List the total amount expended for each of the following categories. If proceeds are expended for a category not listed, state the amount and nature of the expenditure under the Other category. A) SALARIES 1, Increase of Salary, Expense, or Allowance for Employees (Salary Supplements): $ 2. Salary Budgeted Solely From Forfeited Funds: $ 3. Number of Employees Paid Using Forfeiture Funds: TOTAL SALARIES PAID OUT OF CHAPTER 59 FUNDS: $ -0- B) OVERTIME Form Date 6114711 1. For Employees Budgeted by Governing Body: 2, For Employees Budgeted Solely out of Forfeiture Funds: 3. Number of Employees Paid Using Forfeiture Funds: TOTAL OVERTIME PAID OUT OF CHAPTER 59 FUNDS: Vn➢ 15 z Pa I 0 rae� i C) EQUIPMENT I. Vehicles: $ 2. Computers: $ 3. Firearms, Vests, Personal Equipment: $ 4, Furniture: $ 5. Software: $ 6, Maintenance Costs: $ 7, Uniforms: $ 8 K9 Related Costs: $ 9. Other (Provide Detail an Additional$heei): $ TOTAL EQUIPMENT PURCHASED WITH CIIAPTER 59 FUNDS: D) SUPPLIES I 1. Office Supplies: 2, Cellular Air Time 3. Internet: 4. Other (Provide Detail on Additional Sheet) : TOTAL SUPPLIES PURCHASED WITH CHAPTER 59 FUNDS: E) TRAVEL 1. Total In State Travel a) Lodging: b) Air Fare: c) Meats (including per diem); d) Car Rental: 2. Total Out of State Travel a) Lodging: b) Air Fare: c) Meals (including per diem): d) Car Rental: 3. Fuel: 4. Parking: $ $ -0- $ Perm Date 014111 FaBe 4 Vol. 1.5a Pg._ tog, Vol. 1 ` c Pg. LO 9 5. Other (Provide Detail on Additional Sheet): I $ TOTAL TRAVEL PAID OUT OF CHAPTER 59 FUNDS: $ -0- F) TRAINING I. Fees (Conferences, Seminars): $ 2, Materials (Books, CDs, Videos, etc.): $ 3. Other (Provide Detail on Additional Sheet); $ TOTAL TRAINING PA Ill OUT OF CHAPTER 59 FUNDS $ - 0 - G) INVESTIGATIVE COSTS 1. Informant Costs: $ 2. Buy Money: $ 3. Lab Expenses: $ 4. Other (Provide Detail on Additional Sheet) : S TOTAL INVESTIGATIVE COSTS PAID OUT OF CHAPTER 59 FUNDS: - H) TOTAL PREVENTION /TREATMENT PROGRAMS /FINANCIAL ASSISTANCE 1. Total Preventionffreatment Programs (pursuant to 59.06 (h), (I), (I): $ 2 Total Financial Assistance (pursuant to Articles 59.06 (n) and (o)): $ TOTAL PREVENTIONITREATMENT PROGRAMS /FINANCIAL $ ASSISTANCE (pursuant to Articles 59.06 (h), (1), 0), (n), (o)): 1) FACILITY COSTS I. Building Purchaser $ 2. Lease Payments: $ 3. Remodeling: S 4. Maintenance Costs: $ 5. Utilities: $ 6. Other (Provide Detail on Additional Sheet): $ TOTAL FACILITY COSTS PAID OUT OF CHAPTER 59 FUNDS: $ -0- J) MISCELLANEOUS FEES 1. Court Costs: $ 2. Filing Fees: $ Fom Dme 6/14111 Page 5 Vol. 1 ` c Pg. LO 9 3. Insurance: 4. Witness Fees: 5. Audit Cosls and Fees: 6. Other (Provide Detail on Additional Sheet): I $ TOTAL MISCELLANEOUS FEES PAID OUT OF CHAPTER 59 FUNDS: $ -0- K) TOTAL PAID TO COOPERATING AGENCY(IES) PURSUANT TO I $ -0- LOCAL, AGREEMENT: I L) TOTAL OTHER PAIL) OUT OF CHAPTER 59 FUNDS (provide detailed 1 descriptions on additional sheet(s) and attach to this report): I $ 545 M) TOTAI, EXPENDITURES: I S 545 NOTE: If you are governed by a Commissioners Court or a City Council, BOTH CERTIFICATIONS MUST BE COMPLETED, Otherwise, please complete the Agency Head Certification. CERTIFICATION I swear or affirm that the Commissioners Court or City Council has conducted the audit required by Article 59.06 of the Code of Criminal Procedure, unless after due inquiry, it has been determined that no accounts, funds or other property pursuant to Chapter 59 of the Code of Criminal Procedure are being held or have been transacted in the relevant fiscal year by the agency for which this report is being completed, and that upon diligent inspection of all relevant documents and supporting materials, I believe that this asset forfeiture report is true and correct and contains all of the required information. COUNTY JUDGE, MAYOR or CITY MANAGER (Printed Name): SIGNATURE: DATE: - /oZ111 1 AGENCY HEAD CERTIFICATION I swear or affirm, under penalty of perjury, that I have accounted for the seizure, forfeiture, receipt, and specific expenditure of all proceeds and property subject to Chapter 59 ofthe Code of Criminal Procedure, and that upon diligent inspection of all relevant documents and supporting materials, this asset forfeiture report is true and correct and contains all information required by Article 59.06 of the Code of Criminal Procedure. I further swear or affirm that all expenditures reported herein were lawful and proper, and made in accordance with Texas law. AGENCY HEAD (Printed Name): Christop er C. Kirk, Brazos county Sheriff SIGNATURE: r -gym Dal. 0141,11 cc 0 P.S. 6 DATE: d Cfoh ee— G &`/ RETURN COMPLETED FORM TO: Office of the Attorney General Crvuinal Prosecutions Division P.O. Box 12548 Austin, TX 78711 -2548 Attn: Kent Richardson (512)936 -1348 kent.richardson(i- oag.statox its WE CANNOT ACCEPT FAXED OR EMAILED COPIES. PLEASE MAIL THE SIGNED, ORIGINAL DOCUMENT TO OUR OFFICE AT THE ADDRESS ABOVE. Form Dale 04111 Vol. 1 -5, a Pg. Pege 7 Vl. Expenditures K) Total Other Paid Out of Chapter 59 Funds — The grant funded Special Investigation Unit was disbanded with fiscal year 2011 and any funds forfeited were awarded to the Brazos County Sheriffs Dept. Vol. 15a Pg. � FREQUENTLY ASKED QUESTIONS WHO IS REQUIRED TO FILL OUT THIS FORM? Any agency that has the authority to receive property forfeited under Chapter 59 of the Code of Criminal Procedure or has the authority to hire peace officers is required to fill out this form and return to the Office of the Attorney General (OAG). This includes but is not limited to: ) 2} Airport Attorney* City Attorney * Police Departments 4) City Marshal 10) Public Universities and Junior Colleges Constables 1 I) School Districts with Police Departments 5) County Attorney 12) Sheriff Departments 6 } District Attorneys orneys 3) State Agencies 7) Fire Departments /Fire Marsha] 14) Task Forces 8) Hospital Districts 15) Water Districts " City attorneys are only required to fill out this form iftheir city has a pnpulation over 250,000 WHO IS REQUIRED TO PERFORM THE AUDIT? If an agency is governed by a Commissioner's Court or City Council, the Commissioners Court or City Council is required to perform the audit pursuant to Art. 59.06(g)(1) ofthe Code of Criminal Procedure. For attorneys representing the state, this means that the Commissioners Court shall perform the audit (in a multi- county district, all comm courts in the district shall perform the audit). issioners MY AGENCY IS REQUIRED To FILL 0UT THE FORM, BUTDOESN'TSEIZEANY ASSETS - WIIATDO I DO? You may use the Chapter 59.069(1) Certification (available on our website) or simply fill out the form with zeros, sign, and return to the OAO. WHEN IS THE REPORT DUE? Per the statute the report is due 60 days after the end of the agency's fiscal year except for District Attorneys. District Attorney reports are due 60 days after the end of the sta extension. te fiscal year (08/31), The OAG may give one fifteen day WHAT TYPE OF SEIZURES AND EXPENDITURES TO REPORT: You are Only required to report those seizures made pursuant to Chapter 59 of the Code of Criminal Procedure. You are only required to report those expenditures made out of funds forfeited pursuant to Chapter 59. You do not report federal seizures on this form, WHAT IF I HAVE CONFIDENTIAL EXPENDITURES THAT MIGHT COMPROMISE INVESTIGATIONS IF DETAILED IN THE REPORT? If breaking out confidential informant payments and buy money as shown on the form might compromise investigations, Please fill out only the Total Investigative Costs tine and attach an explanation of the reasons for this to the report. Vol. j 5 A Pg ORDER NO. / —U/ 7 THE STATE OF TEXAS § THE COUNTY OF BRAZOS § BRAZOS COUNTY ORDER APPROVING THE RECONFIGURATION OF COUNTY ELECTION PRECINCTS; PROVIDING FOR AN EFFECTIVE DATE; DIRECTING THE COUNTY'S REDISTRICTING CONSULTANT TO SUBMIT THE ADOPTED ELECTION PRECINCTS PLAN FOR PRECLEARANCE UNDER SECTION 5 OF THE FEDERAL VOTING RIGHTS ACT; AND DIRECTING THAT REQUIRED NOTICES BE GIVEN. WHEREAS, on September 6, 2011, Brazos County (the "County ") adopted reconfigured commissioner precincts in order to comply with the "one- person, one - vote" (equal population) principle established by the U.S_ Constitution, after population imbalances were revealed by the 2010 Census; and WHEREAS, on September 6, 2011, the County also adopted reconfigured justice precincts; and WHEREAS, the Legislature of the S1 establishing new boundaries for districts for the intersects the County; and ate of Texas has adopted redistricting plans Texas House of Representatives, one of which WHEREAS, cities located in the County have populations of 10,000 persons or more according to the 2011 Census; and there are single - member city council districts; and WHEREAS, Chapter 42 of the Texas Election Code provides that county election precincts may not contain territory from more than one of each of the following types of territorial units: a commissioner precinct, a justice precinct, a state representative district, a state senatorial district, a State Board of Education district, a congressional district, or, for cities with a population 10,000 or more, city council district, except under certain circumstances; and WHEREAS, Chapter 42 of the Texas Election Code also provides that county election precincts may not contain unincorporated territory and also incorporated territory of a city of 10,000 or more population, except under certain circumstances; and WHEREAS, Chapter 42 of the Texas Election Code provides that a county election precinct must contain at least 100 but not more than 5000 registered voters; and WHEREAS, Chapter 42 of the Texas Election Code provides that the effective date for changes to county election precincts shall be the first day of the first even - numbered voting year following the voting year in which the change is ordered, except under certain circumstances; and 00564139;1 WHEREAS, Chapter 42 of the Texas Election Code provides that, after adoption of reconfigured election precincts, certain notices be given; and WHEREAS, the Commissioners Court of Brazos County has determined that, because of districting changes, including changes in the County's commissioner and justice precincts, the state house districts and city council district boundaries and city limit lines, and growth and shifts in population and numbers of registered voters in the County's election precincts, the County's election precincts require reconfiguration under Chapter 42 of the Texas Election Code; and WHEREAS, the County engaged the law firm of Bickerstaff Heath Delgado Acosta LLP to act as the County's redistricting consultant, including advising and assisting the County in the preparation and preclearance of a revised plan for election precincts in compliance with applicable state and federal law; and WHEREAS, the Commissioners Court finds the attached election precincts plan to be in the best interest of the County and its citizens, and believes the proposed election precincts to be in compliance with all state and federal requirements; NOW, THEREFORE, BE IT RESOLVED AND ORDERED BY THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS: A. That, under the authority of Chapter 42 of the Texas Election Code, the configurations and boundaries for the County's election precincts are hereby amended, and the election precincts plan depicted on the map attached hereto as Exhibit A defining new election precincts, as such new election precincts are further described in the tables attached hereto as Exhibit B reporting population, demographic data and registered voter numbers for such election precincts, is hereby adopted and designated to define the County's election precincts from and after the Effective Date; that Exhibits A and B are incorporated by reference in and made a part of this Order, and shall be kept on file in the County Clerk's Office; and, further, that the County's redistricting consultant is hereby authorized and directed to submit the adopted plan for new election precinct configurations and boundaries to the United States Department of Justice for preclearance under the Section 5 of the Voting Rights Act. B. That this Order respecting reconfigured election precincts shall take and be given effect upon the later of its preclearance under Section 5 of the Voting Rights Act or January 1, 2012 ( "Effective Date "), and that thereafter the adopted election precincts shall be used in all elections for Brazos County officers and other elections administered by the County, subject to the provisions of Chapter 42 of the Texas Election Code or its successor statute, as applicable, until such time as a subsequent lawfully- enacted election precincts plan shall be adopted to replace this plan in whole or part and has been precleared under Section 5 or its successor statute, as applicable. C. That the County Clerk is hereby directed to make and. provide all notices concerning the adoption of the reconfigured election precincts required under Chapter 42 of the Texas Election Code, or other law. 00564139;1 -7 l Vol. 1 5 �-- Pg• BE IT SO ORDERED. Adopted on this day of a !2011. ATTEST- Han. Karen McQueen, ounty Clerk 00564734;1 _B S^C-0 TY, TE- - -- l` d �a Hon. Duane Peters, County Judge Hon. assermann, Commissioner, Precinct 1 Hon. Sammy Cata ena, Commi ioner, Precinct 2 Hon. Kenny Ma mrnii i Precinct 3 Ho -- n.Irma CaikuSe�nWioher, Precinct 4 00564139;1 EXHIBIT A Election Precincts Plan Map VOL a O Ccmm4.W1,rPm,M W -AdQpW SW"W, M, JUt�s P�I— - A� P*d S*OW�r 0. 2011 SU. Ll- 160 LI CSM. N" N., A .4, . . . . . . . . . . . Brazos County Election Precincts Vol. — 16 � Pg. EXHIBIT B Election Precincts Data Tables 00564139;! Vol. I � � pg. 7 Vol. 15 1� pg. 90 � . ee :C: XX XeX r e vY �: a e:C. : Xe?° eXX XXX e iT YX: XXe e eX red droco 0 0� duo c�oi �o� -=oo P tir c .-N� �o-- S c ; r ry O> m IO n N r W 0 N N Q P N N P O P W O Q O m 0 0 �O M1 Q 10 N N O QI m Q P D O Q d O p at XJ° ee X eee XXX T°eXX e �e;eXX ee ee.�°: ? e e X aw`e om oo 0 Oo ppNr mmo mM1lo hp 0 4. 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ON m M t? {O M L - Q Q e e X e e e e X X e e X e e e X e e e e e e e e X X X e e X X ;e e X ;e X,e R N O M N N �- CV r ID �P N m N Y N N N N O O P [� O �O r N O O m S N N M O O N r P N Lh O _ r d F g 0 0 0 4 0 0 0 0 6 0 0 0 0 0 0 O O O O 0 0 0 0 0 0 O O �- 0< 0 0 0 0 0 0 0 0 0 0 0 0 V � W `Nl c m (O N O n in P O M Q m O 6 r r �O � M r- N r O M1 r M O O O m l� n O N ry r P 1� r N M Y R W C m= g ° N O V e X e e N e a M p�p a Nr few :• t%i mm X YX m e e m �e -pR r. b ye1p� e OI N e X O spe S O m N A R+ OMf d° a nm O eee ee P m a 3pp N IO C Y H S n N m O t'NI_ Vl O 10' O Q' +A X11 iM0 t0 v' m n m m Oi tV O O O N '6 W S W W G V 0 v m ` ° x b U P M m N M M1 m m O N m Q N t0 /V m N m M r m m W N m u1 O m Q �O �/� Y/ i 4 N O _ m Ri X e e e e X X e X X X e e e e e�O e X x e e ;e ;ppt X e e v e X e a e e e X Xp X :e m eX N N N N INO O N v N ID m y S m O m n M Im^+ O N W 10 O O m N hP- y m a 9 v 0 r 1! m m tp 1p N 1� ri r m r v 0 t� r a Y M D N t0 mW N O {IO O m P n0 M b v n H it M1 h p �D C Ul Y] W M1 r fV r m O 10 O i� n Q m K M O f0 p1 N m W M n h tO_ OQi V W I7 P N mP N W F N '- N l� Qf m QO m N l0 ( Op M tO O �Il t np t9 fL1 �Opi �mf O O CJ t�1 6 10 n nSry so 11 it cm+ia v m`g `cQ. `I�iN 1wn r•• Ip m fN�f IS7V Y M1 N m N N IA N tWD r tD v N W t- G v N N N m N 0 Oi N ID Q O N b r 8s'n K =i Q m s ttpp �(y] O pp 61 N A m ij Ovi S m O N IM1D m eP u1 r N m fti �` O OWi N Of O OWS O N p fSO S v 01 fOH t0 r N O itWi Of n G O m r Vi m .= m P 17 O? 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Vol. pg. $ A e >e a ae e X eE a e e g e e ae e o e a e e : e ;! o . e T° at e e e ° a° ae e e M O T O P, M h N Q m O h P O m O O O O M N O m m O M O b O m N m 0 n P P !� Y m N m N M O T ' m O O � y m Ol N O N W Q X � T M P r •D m m O � � O Y] a O Q O m O O O n � N n N M N M m F3�> ee o pe le e. e e e e eC e e ae � ae e e e .�° e e ve ee e e e ae e e e e ems° c S 0 S 0 S 0 p O S o N m N O O IN W M a O S O o O D eepp O N O O O b O O Ci O C1 4 O O O O 0 Q O O O 0 a O O O O O O O G p C? O O O O O 0 0 O O o X O CL O OI a O O O O O m Of f7 O M 1'i O O O C O m O O O O O N m Q W O m O Q M Q a W 0 e e > ; ° Q h N O N Q N m W m n O O Q o N P O O i7 O N O O p PI O N P 0 0 0 0 0 0 c o 0 0 0 0 0 o c o 0 d c o 0 0 0 0 0 o a o 0 0 0 Q o 0 0 0 0 0 0 $ x =an "e Q n e a w S aP at ;t ee I e e; ve e e oe o e ae .� ae o o et e e *1, o; O r O O O O N N N O1 m m N W O 4 O O m h T m d 0 00 O N Fi N Cmi. 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O O O O O o 0 O 0 0 0 O �- O O O O o o O O O O O � p f8 Y'Y P 10 [�1 O O N V N W W W O O N f7 N O CR O M n O O Q f� 10 O N N M Y1 m ry pia y cSY Q G e e e a It �9 ;c a *I$ X aC a e ee a ee e e e a e e e[ a2 e ae a 0: m X e e' a C e X a e, e n n W W o e O 0 1IO n W m oO m m N n 1e0 h o o h N f y N m O W t0 VI n m m 10 Q/ m m m Q Q O 1'1 G Q m O O O O Qi m � m OI Y N V m �D � it 1N � tti X IG O N Ql T M m Yl n N tD P m Q �O W N m m O O M Q O m n h � m N N S 7 Y u w ae e e. e X e. :[ at a ]° e e e e ae �e e e e e ep ee e e of eG X eC o2 a ;e j d CR T M A N tnD r W aND N m Q N N M M O O M Ya] fo�pp Of n ti O N m W Ih CI IM f0 M Ol m O h Y Qi Q N Q m O m O O N M t0 OI N W oD (O a0 1A N I` •- m m n 1 n O n W tt7 m W W m n N m V N m N W n m I` f•i t0 h d O h 8 m m H M Q m O h Q uNf N 1 M O O OOi N O O O N 6l th N 'O MV Vl �fD� O C, [7 O [mp O Gbl Q ee ae e e e it e e ae ae e e aL e e e_ e e e ae . e ee ee ae N N M m (p W N - O �Op r D b U C q m Oj . . N N OGi r O N V 0 Q In N A Os Y N N Q N r N m [ry m ice, �_ OI 4 N t7 r Q Oni [nv O ti M s M A H U i+ VJ 00 00 00 °o Si °o S °P °0 °0 N S o 0 0 0 0 8 8 N S m S a S m 8 o 0 0 0 8 Q0 25 25 25 0 25 25 0 aP S o 0 0 0 0.8 o 0 0 0 0 0 Vol. pg. $ A Vol. 15 A Pg.. 93 ° e at T at e e e e e e e 8 S S 8 8 8 8 8 8 9 8 2 Oi 8 8 N v g o g r w C7 r l7 O o V 0 S O 0 0 0 C c Q a D D ri D o 0 0 0 0 o ry a• o v� o ci N Q m o m m o v N �o X e X e e X e e e e :e e we ee e e e ee ee e e ;k a s a- :e e O O D O O O O O 4 O O O O O O O O O O O O O O 0 N O N m N O O O O O D N N O O O O O O O O O O O O O O 4 O O O O O O O O O O O 6 Ci O O O O O O O O O O O O O O O C r O O O O O O O O O P O r O O t7 O O O O Q O O O O P 1 N N O N r O O O h r ee T° X X 2 e X X e .� e e e X e :e e e s e e e e o e X d T° e ee e eG e X o O O O O O O O O 4 O O p S O ri S V' O O O O 4 O N O O D r O O O O O O O O O O O O O O O O O O O O p O O Q o O O O Cl 4 O O O O O O O O O O O O O O O C7 O o O O O O O O o o O O d d ti O 0 0 O O O O O O O O O O D O O O O O O N O N O O O N O O O O 14-6 O O O O O O O O O O N D ee e e X e C r° e e a X e e e ;S C e -e, T° c S m O O C S O O O p O P�Oppi N IQ O M N S 0 0 M O M 4 w O 4 D Q O O ifi S O w O O O O Q O O O o N O O o r O O P M O N O O O'i O O O O O m Ci O O O O O O N V O O O Pf O 6 M O O O Qn X X e x X e X ee -e ° e aR e e X e e e e X e X e x e �m e X e e ecO e :O e �O v N O Of 01 O D t7 O O t7 O O O O O in N O O O O p N O 0 0 O U O O O O O O O O O O O O C O O O O O O O O O O O O O O Q O O N O O O O O O r P O N N O O O N O 01 C O O Q Q T° a X 32 ippi X A° 2= a `ae ee :e of ei e e e2 a eC of eE ee a `°E' `e a pX eC X e e `e o pX e`E e`E pX �Xp O O a O ti O O u' VM O S cn. Q e X ee e . -.q -e o e e .,t ;Qe a ee ;e -.t e t ap e ;ppe e e e m O w S r N w O M tN�t O O pXp O O O O O ti O V m O W V> M M n D O O D M � m uI m m $S fN�J m m trD ir+ P N ONE m 1.. � P O O N OOq $ O M N O N T �t0p Af m m O [m�] um'i m 1Il Oi O O a Q1f f'1 O N Q N N m cmn e X X X X e e x X X X ee. ;e e e e X ee e e e e X ee X e X :e X o e e e a T e e w 8 0 m o o o m 8 M S N r $ M1� " 8 o S o Q o d m ce vi o 0 0 o f+J d o ri o v of o of m m +c �ri ri 4 w ui m a 1'i d o 0 0 N O M r Oi O 4 O O N to N r O r O O N w v O) D M m W w S $ O O O r N N m n O �O S N b m yy O O N O O (p N P m 1 n ci v O O O N - V M C b ONi. m N n N fV O A O x m E p a A O ~ � a 8o o mp np mS m m o 0 0p~ 0 P $ $ 8 o g S C 0 0 0 0 0 0 0 0 0 D 0 0 0 D O S S O $ a o 0 0 0 o D Vol. 15 A Pg.. 93 Brazos County Election Precincts Draft Plan A Revised Summary 2010 Census Total and Voting Age Population D IStCICt Persons Hispanic % of panic Population Non - Hispanic Anglo % of Total population Non - Hispanic Black % of Total Population Non- Hispanlc Asian % of Total Populat!on Non - Hispanic Other % of Total Population 0001 1,996 16.78% 74.05% 7.21% 0.80% 1.15% 0002 6,126 13.57% 80.82% 2.07% 1.67% 1.88% 0003 1,597 35.25% 47.21% 16.47% 0.38% 0.69% 0023 160 23.13% 71.25% 5.DO% O.OD% D.63% 0004 4,356 43.34% 5.39% 50.32% 0.00%1 0.94% 0005 2,194 17.00% 76.34% 5.61% 0.14% 0.91% 0006 1,336 12.05% 81.29% 5.010/0 0.15°% 1.50°% 0007 1,989 11.76% 85.52% 1,91% D.25% 0.55% D008 4,507 1814% 63.10% 8.63% 7.48% 1.95% 0009 3,521 15.08% 68.65% 4.26% 9.60% 2.41% 0011 7,867 26.11% 52.03% 11.38% 8.71% 1.78% 0012 6,519 16.57°% 71.35% 8,10% 1.87% 2.12% 0013 3,875 22.01% 65.29% 10.50% 0.80% 1.39% 0014 8,722 69.07% 11.45%1 18.14% 1 0.161/0 1.18% 0015 4,220 17.01% 74.27% 6.33% 0.81% 1.59% 0016 3,708 68.55% 10,65% 19.93% 0.11% 0.76°% 0017 6,997 43.62% 38.55% 14. B9% 0,71% 2.23 °% 0018 1,218 64.94% 4.84% 29.64% 0.00°% 0.57 °l0 0019 910 63.30% 21.32°% 14.18% 0.00% 1.21 °% 0020 10,451 19.36°% 66.46% 4.32% 7.46°% 2.40°% 0021 1,991 7.28% 26.87°% 3.77% 59.72°% 2.36% 0032 0 0.00% 0.00% 0.00% 0.00% 0.00°% 0024 4,271 14.28% 66.64°% 4.96% 11.82 °% 2.29% 0025 1,703 12.86% 8.98% 7612% 0.59% 1.35% 0026 2,636 20.86% 65.14°% 12.03% 0.99°% 0.99% 0027 3,797 12.98% 83.01°% 2.11% 0.74% 1.16°% 0056 34 32.35% 67.65°% 0.00% 0.00% O.DO% 0059 38 5.26% 94.74% 0.00% 0.00% 0.00% 0028 467 10.28% 84.37% 0.64% 1.71% 3,00% 0029 936 9.291/0 68.38% 21.26% 0.00% 1.07% D030 5,201 48.47% 31.05% 18.94% 0.19% 1.35% 0031 9,862 15.42% 62.27% 9.96 °% 9.85 °% 2.50% 0033 2,795 16.82°% 49.95% 28.34°% 2.65% 2.25% 0034 13,202 17.06°% 65.60% 6.93°% 8.38% 2.D4% 0049 808 14.36% 72.03% 9.78°% 2.23°% 1.61% 0035 9,729 0.36% 0.00% 0.01% 0.00°% 0.00% 0036 6,026 26.25% 55.87% 14.44°% 1.91% 1.53% 0038 590 32.54% 6.10% 59.83°% 0.34°% 1.19% 0039 7,593 10.87°% 74.23% 4.20°% 9.05°% 1.66% 0040 6,969 11.78% 72.74% 8.64% 4.52 %4 2.32% 0041 4,950 4.95% 82.24°% 1.23°% 10.00°% 1.58% 0042 0 0.00°% 0.00% 0.00% 0.00% 0.00% 0043 1,175 26.30% 38.72% 34.72% 0.17°% 0.09% 0044 229 20,52% 74.67% 437°% 0.00°% 0.44% 0045 213 37.09% 60.56% 2.35% D.00% 0.00% Vol. �/ Pg. 10/612011 (3047 907 41.35% 43.66%1 11.91% 1.43% 1.65 % D060 80 15.00% 85.00% 0.00% 0.00% 0.00% 0052 8 0.00% 62.50%1 37.50% 0.00%1 0.00% 0061 64 0.00% 100.00% 0.00% 0.00% 0.00% 0062 0 0.00% 0.00% 0.00% 0.00% 0.00% 0064 0 0.00% 0.00% 0.00% 0.00% OLD% 0057 995 37.09% 25.13% 35.68% 0.80% 1.31 % 0065 200 12.00% 80.00% 6.50% 1.50°% 0.00% 0063 5,729 12.62% 79.11% 4.05% 2.57%1 1.66% 0067 787 53.11% 38.37% 7.12% 0,51% 0.89% 0068 0 0.00% 0.000% 0.00°% 0.00% 0.00% 0070 777 28.70% 62.16% 7.72% 0.26% 1.16 D010 5,275 11.24% 73.04% 5.90% 8.09% 1.73% 0072 79 21.52% 77.22°% 0.00% 0.00% 1.27% 0074 0 0.000/0 0.00% 0.00% 0.00% 0.00% 0077 1,313 52.09% 41.36% 5.86%1 0.00%1__ 0.69% 0078 345 29.86% 67.25%1 1,45°% 0.29% 1.16% 0079 80 35.00% 57.50% 5.00% 0.00% 2.50% 0069 3,710 8.95% 79.46% 3.75% 6.17% 1.67% 0081 85 37.65% 57.65% 0.00% 3.53% 1.18% 0082 305 4.92% 91.80% 0.98% 1.31% 0.980/6 0083 0 0.00% OM% 0.00 % a0ml 0.00% 0037 254 9.84% 78.35% 10.24°% 0.00°% 1.57% 0048 398 17.84% 78.89% 2.26% 0.00% 101% 0058 470 10.85°% 77.02% 2.98% 7.23% 1.91% 0046 553 38.520% 44.85% 14.83% 0.00% 1.91% 0053 3 33.33% 33.33% 0.00% 0.00°% 33.33% 0022 1,262 53.33°% 29.79% 14.90% 0,24% 1.74% 0080 3,688 12.96°% 73.32% 4.28% 6.81% 2.63% 0071 0 0.00% 0.00% 0.00% 0.00°% 0.00% 0050 0 O.DO% 0.00% 0.00% 0.00% D.00% 0051 0 O.DO% 0.00% 0.00% 0.00% 0.000% Totals 196,969 22.42% 64.96% 10.31% 4.68% 1.63% - Population may not be equal to 0, estimates of population to be determined. Some percentages may be subject to rounding error. 10/6/2011 Vol. 1 5 a pg, 95 �lS flCt Total VAP` Hispanic % H otisalVAP Non - Hispanic Angio % of Total VAP Non - Hispanic slack% of Total VAP Non - Hispanic Asian % of Total VAP Non- Hispanic Otner% of Total VAP 0001 1,451 14.75% 75.12% 8.27% 0.83% 1.03% 0002 4,568 11.30% 83,56% 1.97% 131% 1.47% 0003 1,161 30.58% 51.68% 16.97% 0.34% 0.43 % 0023 121 19.83% 73.55% 6.61% 0.00% 0.00% 0004 2,930 40.17% 6.83% 52.39% 0.00% 0.61% 0005 1,594 13.05% 81.93% 4.27% 0.19% 0.56% 0006 986 10.75% 83.06% 5.07% 0.10% 1.01% 0007 1,485 8.62% 89.36% 1.28% 0.34% 0.40% 0008 3,943 16.69% 66.90% 7.08% 7.76% 1.57% 0009 3,205 13.63% 70.769/6 3.78% 9.52% 2.31% 0011 6,489 21.85°% 57.67% 8.72% 10.29% 1.46% 0012 1 5,242 14.61% 74.74°% 6.94% 1.91% 1.79°% 0013 3,118 18.95% 69.60% 9.46% 0,83% 1.15% 0014 5,579 65.48°% 14.82% 18.70% 0.22°% 0.79% 0015 3,579 14.08% 77.51% 6.04°% 0.81% 1.56°% 0016 2,502 65.71% 14.23% 19.30% 0.12%1 0.64% 0017 5,108 38.45% 44.15% 14.60% 0.920/0 1.88°% 0018 838 62.65°% 5.97% 31.03% 0.00% 0,36°% 0019 613 58.89% 25.77% 14.52% 0.00% 0.82% 0020 10,341 19.18% 66.85% 4.13°% 7.43°% 2.42% 0021 1,893 7.34% 26.41% 3.65% 60.17% 2.43% 0032 0 0.00% 0.00% 0.00% 0.00% 0.00% 0024 3,780 13.44% 68.52% 4.10°% 11.88% 2.06°% 0025 1,174 11.75°% 10.22°% 76.83% 0.51% 0.68% 002b 1,966 16.99% 70.70% 10.63% 0.92% 0.76% 0027 2,863 10.97% 85.57% 1.89% 0.87°% 0.70°% 0056 24 16.67% 83.33% 0.00°% 0.00°% 0.00°% 0059 27 3.70% 96.30% 0.00% 0.00°% 0.00% 0028 340 10.59% 85.00°% 0.88°% 1.76% 1.76% 0029 760 7.89°% 71.45°% 19.61% 0.00% 1.05°% 0030 3,425 42.69% 3B.31% 17.78°% 0.20% 1.02°% 0031 7,972 13.67% 66.50°% 8.53% 9.330/6 1.97% 0033 2,278 15.36% 58.96% 20.63% 3.20% 1.84% 0034 12,050 16.01% 68.33°% 5.86% 7.98% 1.83% 0049 796 14.57% 71.73°% 9.80°% 2.26% 1.63°% 0035 9,357 13.01% 73.05% 4.70% 7.60% 1.65°% 0036 4,843 22.71% 61.26°% 12.78°% 2.09% 1.16% 0038 380 25.26°% 7.89% 64.74% 0.53% 1.58°% 0039 5,915 9.69% 76.91% 177°% 8.33% 1.30% 0040 5,380 10.02% 77.57% 6.25% 4.55% 1.62% Vol. 15 A Pg• 8 LD 10/6/2011 0041 3,432 4.28% 84.24% 1.25% 9.12% 1.11% 0042 0 0.00% 0.00% 0.00% 0.00% D.00% 0043 1,135 24.05 % 39.74% 35.95% 0.18°% 0.09% 0044 169 14.79% 78.70% 5.92% 0.009/6 0.59% 0045 158 31.65% 65.82°/6 2.53% 0.00% 0.00% 0047 622 36.50% 51_61% 9,65% 1.45% 0.80% 0060 65 13.85% 86.15% 0.00% 0.00% 0.00% 0052 8 0.00% 62.50% 37.50% 0.00% 0.00% 0061 44 0.00% 100.00% 0.00% 0.00% 0.00% 0062 0 0.00% 0.00% 0.00% D.00% 0.00% 0064 0 0.00% 0.00% 0.00% D.00% 0.00% 0057 674 32.94% 32.64% 32.79% 1.19 % 0.45% 0065 153 10.46% 81.70% 5.88% 1.96% 000% 0063 4,445 10.39% 81.89% 4.D5e% 2.52% 1.15% 0067 539 43.97% 48.98% 5.75% 0.56% 0.74°% 0068 0 0.00% 0.00% D.00% 0.00% 0.00°% 0070 589 24.96% 67.06 % 6.45% 0.34% 1.19% 0010 3,958 9.370/5 76.88% 4.75% 7.58% 1.41% 0072 71 21.13% 77.46°% 0.00 %6 0.00% 1.41% 0074 0 0.00% D.DOe% 0.00% 0.00°% 0.00% 0077 875 43.54% 48.91% 6.97% 0.00% 0.57% 0078 267 23.22% 73.78°/6 1.87% 0.37% 0.75% 0079 56 28.57% 64.29 %6 5.36% 0.00% 1.79% 0069 2,737 8.44 % 81.04 %a 3.51% 5.37°% 1,64% 0081 66 36.36°% 59.09°% 0.00% 103 %6 1.52% 0082 246 3.66% 92.68% 1.22% 1.63% 0.81% 0083 D 0.00% 0.00% 0.00% 0.00% 0.00% 0037 187 6.95% 80.75 % 10.70% 0.00% 1.60°% 0048 292 15.75% 81,51% 2.05% 0.00% 0.58% 0058 446 8.52°% 79.60% 2.91% 7.40% 1.57% D046 386 34.97% 51.04% 12.44 % 0.00% 1.55% 0053 3 33.33°% 33.33% 0.00 %6 0.00°% 33.33 %6 0022 862 50.58% 34.22% 13.57% 0.35°% 1.28 %6 0080 2,459 11.55% 74.79% 4.07% 7.56°% 2.03% 0071 D 0.00°% 0.00% 0.00% 0.00% 0.00% 0050 0 0.00°% 0.00% 0.00°% D.DOa% 0,00% 0051 0 0.00 %5 0.00% 0.00% 0.000 0.00% Totals 155,020 20.07% 63.56% 9.41% 5.48% 1.48% "Voting Age Population "Population may not be equal to 0, estimates of populaUon to be determined. Some percentages may be subject to rounding error. 10/6J2011 VOL 15A Pg. $ 7 FUNDING AGREEMENT BETWEEN BRAZOS COUNTY AND BRAZOS VALLEY FOOD BANK, INC This Funding Agreement ( "Agreement "), effective October 1, 2011, by and between Brazos County, hereinafter called the "County ", and the Brazos Valley Food Bank, Inc., hereinafter called the 'Food Bank ". RECITALS WHEREAS, the Food Bank acquires food for distribution through other nonprofit agencies to moderate and low income persons who are food insecure and at risk of hunger and malnutrition; and WHEREAS, the purpose of the County is to ensure that all children, individuals, families and seniors, especially those who are moderate to low- income, are food secure, meaning that people have access at all times to enough food for an active, healthy and productive life. NOW THEREFORE, both the County and the Food Bank enter into this Agreement to maximize the effectiveness of their common goal and show good stewardship of citizen's dollars and donations and, in consideration of promises, covenants, terms and conditions herein contained, the parties mutually agree to the following: AGREEMENT TERM OF AGREEMENT: The term of this Agreement shall be for a period of approximately one (1) year beginning on October 1, 2011 and terminating on September 30, 2012. FUNDING: The County will provide funding of $7,700.00 to the Food Bank to the benefit of the moderate and low income citizens of the community. INFORMATION FUNISHED BY FOOD BANK: Food Bank 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. Food Bank 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. Food Bank 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. Food Bank 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 Bra�os Valley Food Bank, Inc. Agreement Page 1 of 3 x%01. 1 Pg. 8 the Food Bank 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 Food Bank. Annual financial statements (audited if available) are due to County within six (6) months of completion. ELIGIBILITY GUIDELINES: Food Bank will ensure that food products received from or through other agencies in furtherance of this agreement will be made available to those eligible persons as defined by the most recent eligibility guidelines established by the State of Texas and its responsible agencies. Food Bank will verify recipient income eligibility by either requiring proof of income or by self - certification that recipient(s) meets income guidelines. RECORDS: Food Bank agrees to complete intake and assessment on eligible households and maintain all records for a period of three (3) years. FITNESS FOR HUMAN CONSUMPTION: Food Bank accepts full responsibility for the purity and fitness for human consumption of any and all items distributed in its name or through other entities or agencies with which it may contract. LIABILITY DISCLAIMER AND RELEASE AGREEMENT: Food Bank releases County and holds it free and harmless against all and any liabilities, damages, losses, claims, causes of action and lawsuits or equity obligations whatsoever arising out of or attributed to any distribution and use of foods. ASSIGNMENT: Food Bank may not assign or subcontract any of its rights, duties and /or obligations arising out of this Agreement without the prior written consent of County. FISCAL FUNDING CLAUSE: 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. 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 Food Bank at the earliest possible time under the circumstances. DEFAULT: Any violation or breach of the provisions herein may result in termination of this Agreement. GOVERNING LAW AND VENUE: The validity of the Agreement and all matters pertaining thereto shall be governed and determined by the Constitution and the laws of Brazos Valley Food Bank, Inc. Agreement Page 2 of 3 Vol. 16 pg.. ff % the State of Texas. Venue for any suit filed against Brazos County shall be Brazos County, Texas. SEVERABLITIY: In the event that a court finds any provision of this Agreement invalid and/or unenforceable, both parties agree the remaining provisions shall remain valid and in force. j I Cnb)IOL-- 2011. SIGNED this t ` dy of BRAZOS COUNTY BRAZOS VALLEY FOOD BANK, INC. Duane Peters, County Judge Thy esa Mangapora, Exe utive Director W11111 Date ATTEST: Karen McQueen, County Clerk Bra_os Valley Food Bank, Inc. Agreement I/ )� --) /tt Date 1�5� Pg. 9v �1�1. Page 3of3 FUNDING AGREEMENT BETWEEN BRAZOS COUNTY AND BRAZOS MATERNAL & CHILD HEALTH CLINIC, INC. THIS AGREEMENT FOR FUNDING ( "Agreement ") IS ENTERED INTO BY AND BETWEEN BRAZOS COUNTY, TEXAS, acting by and through its duly elected County Commissioners (hereinafter "County "), and the BRAZOS MATERNAL & CHILD HEALTH CLINIC, INC. (hereinafter "Provider"), located at 3370 South Texas Avenue, Suite G, Bryan, Texas 77802, and is effective October 1, 2011. RECITALS: WHEREAS, Chapter 61 of the Health & Safety Code provides for Texas counties not served by a public hospital or hospital district to be the payor of last resort for basic health care for eligible indigent county residents; and WHEREAS, Section 61.028 of the Health & Safety Code observes that basic services includes family planning, laboratory, skilled nursing, physician and inpatient and outpatient hospital services; and WHEREAS, the County is interested in promoting such care through the Provider which provides all or part of such basic services; NOW THEREFORE the parties above agree to provide such indigent health care under the following terms and conditions. AGREEMENT TERM This Agreement shall continue in force and effect for a term of approximately 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 PROVIDER Provider shall provide the following services through trained, salaried staff to pregnant women who qualify for such services pursuant to the guidelines currently implemented for making such determination: interviews, lab work, physical exams, educational information and medicine as needed (collectively, "Services "). Brazos Maternal & Child Health Clinic Agreement Page 1 of 5 Vol. l 5,;� p g. 9/ USE OF COUNTY FUNDS Funds to be furnished to Provider as stated below shall be used pursuant to the County's authority as set forth in Chapter 61 of the Texas Health & Safety Code. COUNTY'S PAYMENT The County agrees to fund the Provider the sum of $ 67,500.00 ( "Funds ") for the term of this Agreement. This sum shall be paid upon the following dates and in the following amounts: December 15, 2011 $16,875.00 March 15, 2012 $16,875.00 June 15, 2012 $16,875.00 September 15, 2012 $16,875.00 RESPONSIBILITIES OF PROVIDER Provider will be responsible for providing the following Services pursuant to this Agreement: 1. All necessary application forms to potentially eligible individuals. 2. Obtaining and compiling information on each applicant for Provider Services with regard to residency and financial qualifications. 3. Maintaining this Agreement. 4. Providing of the Provider's Services. 5. Maintaining data files on clients and the Services provided thereto. 6. Respond to all and any inquiries by the County regarding the Provider and its Services. 7. 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. 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. Provider agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any Bra=OS Maternal & Child Health Clinic Agreement Page 2 of S I / ®Y. i b`' Pg. 0/011, employees who might reasonably have information related to such records. 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 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 Provider. 8. Provider will provide financial statements to the County Auditor evidencing how County funds are spent. Such statements to be submitted to County one week prior to the funding dates set forth herein above. 9. Provider will provide the County with any and all certified audits of Provider and the management letter prepared in connection therewith. 10. Provider will provide the Court with statistics evidencing the number of Brazos County residents using the Provider's Services and the percentage Brazos County residents comprise of the total population using Provider's Services. RECORD RETENTION The Provider shall be responsible for record keeping on all Services provided to those individuals using its Services and all financial records of the Provider. The 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 Court to justify its continued participation in supporting the 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 requested. DISCRIMINATION The Provider shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The 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 Provider agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. Brazos Maternal & Child Health Clinic .4greement Page .i of 5 Clot INDEMNITY The parties hereto agree to indemnify one another for and hold one another harmless from and against all suits, claims, demands, liabilities or actions resulting or alleged to result from the breach, violation or non - performance of the Services stated herein and for any damage to any person resulting from any act or omission or negligence on the part of each party hereto. INSURANCE The parties hereto agree that the Provider shall be an independent contractor and not any employee or agent of the County and that each shall maintain at its own expense, adequate liability insurance to insure against damages and liabilities which may arise due to the duties and obligations contracted for herein. COUNTY INVOLVEMENT The County and Provider state that to the best of their knowledge, no officer, agent or employee of the County who exercises any function or responsibility in connection with the carrying out of this Agreement or the Services to which it relates has personal interest, either direct or indirect, in this Agreement. GOVERNING LAW This Agreement shall be executed in and shall be governed by 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: BRAZOS MATERNAL & CHILD HEALTH CLINIC, INC. 3370 South Texas Ave, Suite "G" Bryan, Texas 77802 BRAZOS COUNTY COMMISSIONERS COURT 200 So. Texas Avenue, Suite 310 Bryan, Texas 77803 FURTHER ASSURANCES 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. Brazos Maternal & Child Health Clinic Agreement Page 4 of 5 Vol. ��`� Pg. NO WAIVER OF IMMUNITY 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 by Brazos County has by operation of law. Nothing in this Agreement is intended to benefit any third party beneficiary. 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. ASSIGNABILITY This Agreement is not assignable by the Provider without the prior written consent of the County. 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 Agreement, which are not fully expressed herein. Executed in duplicate, each of which shall have the full force and effect of an original. I DATED this day of ���C l' 12011. Brazos County ATTEST; \ � I By: Duane Peters, Brazos County Judge Karen McQueen, Brazos County Clerk Brazos Maternal & Child Health Clinic, Inc. i B gGCG� Lyi Yeager, ecutiv irector Patricia Gerling, President Bra:os Maternal & Child Health Clinic Agreement Page 5 of 5 5 Vol. .�, Pg. °� `� FUNDING AGREEMENT BETWEEN BRAZOS COUNTY AND RESEARCH VALLEY PARTNERSHIP, INC. THIS FUNDING AGREEMENT ( "Agreement ") is effective October 1, 2011, by and between BRAZOS COUNTY, TEXAS, a body corporate and politic under the laws of the State of Texas, (hereinafter referred to as "County "), and the RESEARCH VALLEY PARTNERSHIP, INC., a Texas non- profit corporation (hereinafter referred to as "RVP "). RECITALS: WHEREAS, the Commissioners Court of Brazos County desires to stimulate business and commercial activity in the County; and WHEREAS the County wishes to contract with RVP as its agent pursuant to TEX. LOC. GOV'T CODE ANN. §381.004 to administer the County's program for local economic development (herein the Brazos County Economic Development Program); and WHEREAS, the County desires to diversify its economy, increase and broaden its tax base, provide more and better employment opportunities for its citizens and promote the general public welfare; and WHEREAS, it is important to the County to attract and expand business, commercial and industrial enterprise in order to accomplish this purpose; and WHEREAS, RVP is an agency with specific expertise in the field of economic development and administering governmental economic development guidelines; and WHEREAS, the County has determined that this Agreement is for the personal or professional services and therefore exempt from competitive bidding under Chapter 262, Local Government Code. THEREFORE, in consideration of the mutual understandings and agreements set forth, the County and RVP agree as follows: AGREEMENT: ARTICLE I Qualifications of the RVP 1.1 The RVP represents that: 1012 Rb P.doc Agreement VOL / 5a Pg. 9 Co Page 1 of 9 (a) The RVP is a non - profit entity that is authorized and experienced in the administration and furtherance of economic development programs in all or a portion of the County; (b) The RVP has expertise and skills to attract new businesses to the County, to encourage the expansion of existing businesses in the County, or to retain existing businesses in the County, pursuant to the County's economic development guidelines and Chapters 311, 312 and Sections 381.003 and 381.004 of the Texas Local Government Code; (c) The RVP shall cooperate with and use the services of the Texas Department of Economic Development. ARTICLE 11 Definitions 2.1 "Economic Development Guidelines" means the County's financial criteria on file used to determine qualification for receiving Incentive Funds. 2.2 "Project Performance Standards" means individual performance terms and requirements established by agreement between the County and any employer /business to receive Incentive Funds. 2.3 "Program Projects" means uses of the Incentive Funds, or a portion thereof, as approved by the County, to provide incentives or assistance to businesses /employers which results in the public purpose of economic development, diversification, expansion, and employment being served, pursuant to the County's Economic Development Guidelines. 2.4 "Program Standards" means standards that an employer /business must meet in order to qualify for Incentive Funds. ARTICLE III Term 3.1 The term of this Agreement is for one (1) year, being effective as of October 1, 2011, and ending on September 30, 2012, (the "Present Term "), unless earlier terminated as provided herein. 3.2 Either party may terminate this Agreement on sixty (60) days prior written notice to the others. 3.3 Upon receipt of any termination, the County agrees to continue funding a program project that had been previously approved by the County. 1011 RVP.doc Agreement VOL % Jo, Pg. 9? Page 1 of 9 ARTICLE IV Administration Services 4.1 RVP agrees to provide all administrative services necessary to administer the County's Economic Development Program and program standards set forth herein. 4.2 Pursuant to the authority granted in Chapter 381 of the Texas Local Government Code, the administrative services to be provided include, but are not limited to: (a) corresponding with and negotiating with potential or existing business /employers for Program Projects that will develop, diversify and /or expand the Brazos County economy, develop or expand transportation or commerce in the State, and/or serve the purpose of eliminating unemployment in Brazos County. (b) establishing Project Performance Standards for each Program Project that are consistent with the Program Standards set out in the County's Economic Development Program and herein; (c) obtaining contracts between the County and businesses /employers for Program Projects whereby the business /employer agrees to meet the County's Project Performance Standards, and which provide assurances that the County's Project Performance Standards will be met; and (d) compliance with all requirements of this Agreement. 4.3 The RVP shall receive the sum of Three Hundred Thousand and No /100 Dollars ($300,000.00) as compensation for the administrative services to be provided hereunder (herein the "Administration Funds "). County shall pay such sum on a monthly basis by paying the RVP one - twelfth (1112) of the total sum referenced above. ARTICLE V Incentive Funding 5.1 County has appropriated Three Hundred Fifty Five Thousand and No /100 Dollars ($355,000.00) ( "Incentive Funds ") for the purpose of funding Economic Development Grants entered into by the County under its Economic Development Program. The Incentive Funds shall be divided and designated as follows: (a) $211,000.00 of the Incentive Funds shall be appropriated for those Economic Development Grants under which the County is currently obligated; and (b) $144,000.00 of the Incentive Funds shall be appropriated as new cash incentives, which may be used to promote future local 2012 RVP.doc Agreement Page 3 of9 economic development and stimulate commercial activity in the County. Incentive Funds have been budgeted for the current fiscal year and are payable out of current revenues. 5.2 Payments of Incentive Funds shall be made as approved and directed by the County to the qualifying business /employer under approved Program Projects. 5.3 The County Incentive Funds provided for in this Agreement shall be used only in accordance with the Brazos County Economic Development Guidelines and program standards. ARTICLE VI Use of Incentive Funding 6.1 The County's Program administered by the RVP hereunder consists of the use of the County's Incentive Funds to develop and diversify the Brazos County economy, to eliminate unemployment or under - employment, and to expand the local economy, pursuant to Standards and Guidelines set forth in the Brazos County Economic Development Guidelines. 6.2 Program Standards, The RVP shall not recommend to the County that an applicant business/employer receive Incentive Funds unless the applicant businesslemployer meets or exceeds the following standards: (a) is authorized to do business in the State of Texas; (b) is current and in good standing on all state, local and federal taxes, assessments and /or fees; (c) is not in bankruptcy; (d) is an Equal Employment Opportunity Employer with policies in place and practiced which prohibit discrimination in employment based on race, sex, age, national origin, creed, religion, or disability (unless based on bona fide occupational reason or a reason exempted or approved by the Americans With Disabilities Act and the regulations promulgated thereunder); (e) agrees by written contact directly with the County to meet performance criteria established by the County in accordance with the County's Program Standards (hereinafter "Project Performance Standards ") as to the establishment, expansion, or improvement of business operations in Brazos County, Texas and /or the employment of residents of the County. 1011 R VP. doe Agreement Page 4 of 9 (f) complies with the current County Economic Development Guidelines for financial assistance, including the grant to the County of the right to review and verify the applicant business /employer's financial statements prior to the grant of any incentive and to review the financial condition of the project during the term of any incentive, including the right to send representatives from the County Appraisal District to inspect any facilities of the applicant business /employer to verify the accuracy of information provided for the economic incentive. Provisions to this effect shall be incorporated in every agreement between the applicant business /employer and the County; (g) if the proposed program project does not meet the specific job retention /creation requirements set forth in (f) above, other positive effects on the local economy of the proposed program project may be taken into consideration and approved by the County, as recommended by RVP, in determining whether to pursue funding of a program project. These include. (i) the impact of the Program Project on economically disadvantaged individuals. An economically disadvantaged individual is an individual who: (1) was unemployed for at least three (3) months before obtaining employment with the qualified business; (2) receives public assistance benefits, including welfare payments or food stamps, based on need and intended to alleviate poverty; 2012 RYP.doe Agreement (3) is an economically disadvantaged individual, as defined by Section 4(8), Job Training Partnership Act (29 U.S.C. Section 1503(8)); (4) is an individual with handicaps, as defined by 29 U.S.C. Section 706(8); (5) is an inmate, as defined by Section 498.001 of the Government Code; (6) is entering the workplace after being confined in a facility operated by the institutional division of the Texas Department of Criminal Justice or under contract with the Texas Department of Criminal Justice; Vol. - / 5-� PP. 100 Page 5 of 9 (7) has been released by the Texas Youth Commission and is on parole, if state law provides for such a person to be on parole; or (8) meets the current low income or moderate income limits developed under Section 8, United States Housing Act of 1937 (42 U.S.C. Section 14376, et seq.). (ii) the need for the product/service provided by the businesslemployer in the local area; (iii) the estimated multiplier effect on the local economy of the Program Project either due to the level of wages paid or the injection of outside funds into the local economy (i.e., tourism, capital expenditures, purchasing or materials from local businesses, etc.); and (iv) the creation of part-time positions, and /or (v) capital expenditures which have a material and direct positive impact upon the local economy by providing the following benefits: 1. increases in the local tax base; 2. creation of ancillary jobs and /or jobs for economically disadvantaged individuals; 3. attraction of other businesses; 4. creation of new sales tax revenues; 5. commercial development of new and existing areas; 6. defining, enhancing and /or redefining job skill level of locally available work force. If such considerations indicate that the benefit to the local economy meets or exceeds that which would be gained by the businesslemployer employing and /or retaining the number of employees required for the level of funding under subsection (e) above, the RVP may consider such business as qualifying and therefore recommend such business /employer to the County upon the approval of the Board of Directors by a 75% or more favorable vote (9 of 12). (h) All contracts for Program Projects must be in a form approved by the County and County's legal counsel. The contract must include, but is not limited to, provisions: (i) containing the Program Project Performance Standards applicable to the businesslemployer, and the business /employer's agreement to comply therewith in a set time- frame; 2012 RVP.dnc Agreement Vol. f 5 -1— pg. /10/ Page G of 9 (ii) requiring periodic documentation of the business /employer's compliance with the Project Performance Standards, and giving the RVP and the County the right to inspect its operations and books to confirm the business /employer's compliance with the Program Project Performance Standards; (iii) requiring the repayment directly to the County within sixty (60) days of demand of the funds appropriated to the Program Project by the County if the applicant business /employer falls to meet the County's Project Performance Standards or otherwise is in material breach of its Agreement with the County, and giving the County the right to sue the applicant business /employer to enforce the contact between the County and the business /employer, and to recover all attorney's fees and costs incurred in doing so; (iv) requiring the business /employer to make draw requests for the funding from the County, which requests must show in detail how the money and/or property will be applied /used, or for what the reimbursement is sought, and which contain such documentation as is required by the County; and (vi) requiring compliance with all applicable laws regarding the provision of equal employment opportunities. ARTICLE Vlt Accounting 7.1 RVP agrees that Brazos 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. RVP 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. RVP 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. RVP agrees that Brazos 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 RVP under prior Agreements. Any audit will be conducted by Brazos 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 RVP. Annual financial statements (audited if available) are due to Brazos County within six (6) months of completion. 1011 RPT.doc Agreement Page 7 of 9 Vol. / 15 1;,- Pg. /0.-2- ARTICLE Vlll Miscellaneous Terms 8.1 Notice. Notices or correspondence under this Agreement to either party from the other may be personally delivered or sent by First Class Mail, or other reliable courier. Notice to the County shall be sent to: Duane Peters, County Judge Brazos County Administration 200 So. Texas Ave., Suite 332 Bryan, Texas 77803 Notice to the RVP shall be sent to: Todd McDaniel, President and CEO Research Valley Partnership, Inc. 1500 Research Parkway, Suite 270 College Station, Texas 77845 8.2 Severability. No partial invalidity of this Agreement shall affect the remainder unless the public purpose to be served hereby is so greatly diminished thereby as to frustrate the object of this Agreement. 8.3 Amendment. During the term of this Agreement, if certain areas need further clarification or revision, the parties will work in good faith to arrive at written memorandums or understandings regarding those areas. Any amendment of this Agreement must be in writing, and executed by a duly authorized representative of each party. 8.4 Assignment. This Agreement cannot be assigned or performed by subcontractors except with the written consent of both parties. 8.5 Not Joint Venture: Independent Contractor. The parties agree that this is not a joint venture, partnership or employee - employer relationship and that neither party shall have the authority to bind or incur liability to the other without the other's prior written permission. Furthermore, the RVP shall be considered an independent contractor agent for the sole and limited purpose only of administering the County's economic development guidelines and program project standards pursuant to the grants of authority given the County under Chapter 311, 312 and 381 of the Texas Local Government Code. 8.6 Applicability of Texas Law. The laws of the State of Texas shall govern this Agreement, except where clearly superseded by federal law. 1012 RVP.doc Agreement Q 1_ 1 15 -�,_ pC _ 1 Cl 3 Page R of 4 8.7 Venue. The place of performance of this Agreement is Brazos County, Texas, and all consideration payable hereunder and things to be done pursuant hereto shall be deemed to be payable and performable in Brazos County, Texas. Venue of any dispute arising out of this Agreement or performance hereunder shall be fixed for all purposes in Brazos County, Texas. 8.8 Entire Agreement and Binding Authority. This Agreement supersedes and constitutes a merger of all prior oral and /or written agreements and understandings of the parties on the subject matter of this Agreement and is binding on the parties and their successors, agents and assigns. 8.9 Waiver. No waiver by either party of any provision of this Agreement shall be effective unless in writing, and such waiver shall not be construed as or implied to be a subsequent waiver of that provision or any other provision. The signatories hereto have the authority and have been given any approvals necessary to bind by this Agreement the respective parties for which they sign. BRAZOS COUNTY, TEXAS RESEARCH VALLEY TN RSHIP, INC., a Texas non -pr it corboration By: By: Duane Peters, County Judge Chris Peterson, tfia irman of the Board Attest: By: �"" Ne aren McQueen, County Clerk 2012 RVP.doc Agreement Vol. / 5;2, P 104 Page 9 of 9 FUNDING AGREEMENT BETWEEN BRAZOS COUNTY AND BRAZOS COUNTY PRECINCT 3 VOLUNTEER FIRE DEPARTMENT, INC. THIS AGREEMENT for the Funding of Fire Protection Service of Precinct Three ( "Agreement ") is hereby effective October 1, 2011, by and between the BRAZOS COUNTY PRECINCT THREE VOLUNTEER FIRE DEPARTMENT, INC. ( "Department ") and BRAZOS COUNTY, TEXAS, ( "County "), each acting by and through its duly authorized agents; RECITALS WHEREAS, the County is authorized to contract with an incorporated volunteer fire department to provide fire protection pursuant to Local Government Code §352.001; and WHEREAS, the County believes it is more cost effective to contract with a volunteer fire department than to purchase equipment and operate a County fire department; and WHEREAS, the Department is located within the County and shall provide fire protection to an area of the County that is located outside the municipalities in the County; and WHEREAS, the Department has the personnel and equipment to provide such services and would benefit by the payment of funds by the County. NOW, THEREFORE, the parties, in consideration of the mutual covenants and conditions contained herein, agree as follows: SCOPE AGREEMENT Department shall provide fire protection services to any person who requests it within the confines of Precinct 3, as described on Exhibit "A" attached hereto and made a part hereof for all purposes; provided however, if assistance is requested by other fire departments for Precinct 1, 2 and 4 it shall provide services in these areas, if possible. A more detailed map of the various Fire Districts can be obtained at the Brazos County Appraisal District at 1673 Briarcrest Drive, Suite A -101, Bryan, Texas 77802, and the parties agree to use the records maintained by that office if a question about the boundaries of the Precincts should arise. Precinct 3 Volunteer Fire Dept. Agreement Vol. /5A pg. /dJr Page I of 4 2. All requests for services under this Agreement shall be made through the 9 -1- 1 Emergency Communications District, which dispatches fire protection units for the County. 3. Department will maintain fire fighting equipment and certified personnel in compliance with Subchapter D of Chapter 419, Texas Government Code. The County Is not responsible for damage to equipment or injury to any person, or for the actions of the Department or their volunteers except as expressly provided by this Agreement. PAYMENTS 4. County shall pay Department the sum of 129,000.00 upon execution of this Agreement ( "Funds "). 5. The County shall make all payments to Department for these services from current revenues. TERM AND TERMINATION This Agreement term shall be from October 1, 2011, and terminate at 12:00 a.m. (C.S.T.) on September 30, 2012. Either party shall have the right to terminate this Agreement, without cause, upon thirty (30) days written notice of such termination. Should the Agreement be terminated, the rights and obligations of the parties hereunder shall terminate, except that the rights and obligations of the parties that have accrued under this Agreement prior to the date of termination shall survive. In the event of a termination, the fee payable pursuant hereto shall be adjusted on a pro -rata basis and refunded within thirty (30) days of such termination. NOTICES 7. All notices issued between parties to this Agreement shall be in writing. All notices shall be deemed given on the date personally delivered, faxed, or deposited in the U.S. Mail to the following parties: Department: Brazos County Precinct Three Volunteer Fire Department, Inc. P.O. Box 5453 Bryan, TX 77805 -5453 Attn: Gerald Burnett, Fire Chief County: Brazos County Commissioners Court 200 South Texas Ave., Suite 310 Bryan, TX 77803 Precinct 3 Volunteer Fire Dept. Agreement Vol. C 5,;2, pg. % D Page l of 4 DEFENSE OF CLAIMS 8. Pursuant to Local Government Code §352.004, the act of a person who, in carrying out the County's authority to provide fire protection under this Agreement, fumishes fire protection to a County resident who lives outside the municipalities in the County, including the act of a person who is a regular employee or fire fighter of a municipality, is considered to be the act of an agent of the County. 9. The County does not waive or relinquish any immunities or defense it has under law, on behalf of itself, its officers, employees, or agents as a result of its execution of this Agreement and the performance of the covenants herein. MISCELLANEOUS PROVISIONS 10. If any provision of the Agreement shall be held to be invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction, the validity and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The parties shall use their best efforts to replace the respective provisions or provisions of this Agreement with legal terms and conditions approximating the original intent of the parties. 11. This Agreement is the entire Agreement between the Department and the County relating to the provision of fire protection services and supersedes any and all prior Agreements, arrangements, or understandings, whether written or oral. 12. This Agreement is for the benefit of the parties to the Agreement, and does not confer any rights on any third parties. 13. No amendment to this Agreement shall be effective and binding unless and until it is reduced to writing and signed by the authorized representatives of all parties. 14. This Agreement has been made under and shall be governed by the laws of the State of Texas. This Agreement and all matters related thereto shall be performed in Brazos County, Texas. 15. Failure of any party at any time, to enforce a provision of this Agreement, shall not constitute a waiver of that provision, nor in any way affect the validity of this Agreement or the right of any party thereafter to enforce each and every provision hereof. No term of this Agreement shall be deemed waived or breach excused unless the waiver shall be in writing and signed by the party(ies) claimed to have waived. Furthermore, any consent to or waiver of a breach will not constitute consent to or waiver of or excuse of any other, different or subsequent breach. Precinct 3 Volunteer Fire Dept. Agreement Vol . � rJ ''Z Pg. / t) Page 3 of 4 16. It is understood and agreed that this Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. INFORMATION FURNISHED BY RECIPIENT 17. Department 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. Department 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. Department 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. Department agrees that the 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 Department 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 Department. Annual financial statements (audited if available) are due to County within six (6) months of completion. Brazos County Precinct Three Volunteer Fire Department, Inc. By: Al� Gee ld Burnett, Fire Chief Date: Ci % ') j / Precinct 3 Volunteer Fire Dept. Agreement Brazos County, Texas Duane Peters, County Judge Date: /0////// ATTEST: ren McQueen, County Clerk Vol. 1 � 02 pg. ) (�� Page 4 oj4 1 MAG E PL.us Manage en Product Schedule Number. State and Local Government Master Agreement Number: Document Efficiency At Wane.' A n1COH COMPANY This Image Management Plus Product Schedule ( "Schedule ") is made part of the State and Local Government Master Agreement ('Master A�ement ") identified on this Schedule between IKON Office Solutions, Inc. ( "we" or "us ") and —Dw0 5 . g1-1t) � V ' as Customer ( "Customer" or "you "). All terms and conditions of the Master Agreement afe incorporated into this Schedule and made a part hereof. It is the intent of the parties that this Schedule be separately enforceable as a complete and independent agreement, independent of all other Schedules to the Master Agreement. C'1I1,qT0MFR INFORMATION ZN y0 g UVAII 1 P1a 0 a Customer (Bill 1o) Billin Contact Na e Product Location Address Billing Address (ifdif'brent from location address) Eri aL® -7 fir v\ r 7,0 5 -M S� City County State Zip City L County State Zip Biffij Contact Telephone leer Billing Contact Facsimile Number Billing Contact E -Mail Address PRODUCT DESCRIPTION ( "Product ") Make & Model PAYMENT SCHEDULE Minimum Term Minimum Payment Minimum Payment Billing Frequency Advance Payment months ithoul Tax Monthly 8 P' Payment J i7� B O Quarterly 1" & Last Payment 1QD � P,/ • Other: ❑ Other: Guaranteed Minimum Images— Cost of Additional Images' Meter Reading/Billing Frequency Rwm� Color tim Color Q Monthly r ©D DD4s Qun erl H Y Based upon Minimum Payment Billing Frequency ° Based upon standard gd ' x 11" paper size. Paper sizes greater than 8 ' /," x 11" may count as more than one image. Sales Tax Exempt: Li YES (Attach Exemption Certificate) Customer Billing Reference Number (P.O. , etc.) _ Addendum(s) attached: Q YES (check if yes and indicate total number of pages: TERMS AND CONDITIONS 1. The first Payment will be due on the Effective Date. 2. You, the undersigned Customer, have applied to us to use the above - described items (`Product ") for lawful commercial (non - consumer) purposes. THIS IS AN UNCONDITIONAL, NON - CANCELABLE AGREEMENT FOR THE MINIMUM TERM INDICATED ABOVE. If we accept this Schedule, you agree to use the above Product on all the terms hereof, including the Terms and Conditions on the Master Agreement. THIS WILL ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS SCHEDULE AND THE MASTER AGREEMENT AND HAVE RECEIVED A COPY OF THUS SCHEDULE AND THE MASTER AGREEMENT. \i 1- 888 -ASK IKON w ww. ikon. coin cr,rt «ntr lnr(oJs S LG P S -Ibt P 04.1 I (O\ U %ct Suiuuouc c ue 16b� I waw.n(tl l wicnc> .4i N'cr4 ! ?. R .�h Con,pa y nr_ vat mrCa er tinluiiar;. hr: Ri.oN a �. , ri i.IZ:J iraAu:ui A or Rs. L Cmnlwn. Lld Page I (Yr., Vol. Pg % ©`� Image Charges/Meters: In return for the Minimum Payment, you are entitled to use the number of Guaranteed Minimum Images as specified in the Payment Schedule of this Schedule. The Meter Reading/Billing Frequency is the period of time (monthly, quarterly, etc.) for which the number of images used will be reconciled. If you use more than the Guaranteed Minimum Images during the selected Meter Reading/Billing Frequency period, you will pay additional charges at the applicable Cost of Additional Images as specified in the Payment Schedule of this Schedule for images, black and white and /or color, which exceed the Guaranteed Minimum Images ( "Additional Images "). The charge for Additional Images is calculated by multiplying the number of Additional Images times the applicable Cost of Additional Images. The Meter ReadinglBilling Frequency may be different than the Minimum Payment Billing Frequency as specified in the Payment Schedule of this Schedule. You will provide us or our designee with the actual meter reading(s) by submitting meter reads electronically via an automated meter read program, or in any other reasonable manner requested by us or our designee from time to time. If such meter reading is not received within seven (7) days of either the end of the Meter Reading/Billing Frequency period or at our request, we may estimate the number of images used. Adjustments for estimated charges for Additional Images will be made upon receipt of actual meter reading(s). Notwithstanding any adjustment, you will never pay less than the Minimum Payment. 4. Additional Provisions (if any) are: THE PER C THIS 1LE ON BEHAL OF THE CUSTOMER RLPRESLN IN 1 H a 1 uLiatnL nna i u1- nv I nuni.: - -l-GUSTO R - - -- Accepted by: IKON OFFICE SOLUTIONS, INC. By: By: X _ Authonzed er Signature p �Q Authorized Signer Signature. Printed Name: rr�� Printed Name: Title: Date: � V Title: Date: 1-888- ASKIKON www.ikonxonr SLU PS-INIP04 11 u< oanir�. sa', mmxie.,, dIRONDuaunow U111.,..n,uo.t +aiaid4, ,,,,,. rou. ,d:,,:,,tsdIKONOnia•5ouu «,._1,. P&, e,y,,_,,mv,a�,:, ura,;s,cc:m;,om . rw Pa�e2Dt Vol. i C pg. /10 TERMS A"- CONDITIONS The performance by IKON of the Services described in chit Work Order is subject to and shall be govamed solely by the following term and cmdiuens: Customer engages IKON to perronn the services described in this Work Order (the "Services "). Changes to the scope of the Services shall be made only in a written change order signed by both parties IKON shall have no obligation to commence work in connection with any change until the fee anor schedule impact of the change and all otter applicable terms are agreed upon by both parties in writing. IKON shall provide the Services et the Custamer location set forth herein or on a remote basis. In consideration of its Services hereunder, Customer shall pay IKON the Service fees in the amounts and at the rates set forth above Customer shall pay all amounts payable to IKON hereunder within thirty (30) days of the date of the invoice submitted by IKON. If IKON undertakes collection or enforcement efforts, Customer shall be liable for all casts thereof, including, without Imitation, reasonable anomeys' fees and laze charges. IKON mays spend or terminate Services for non- paymem. Customer shall he responsible for payment of any applicable taxes arising in connection with the transactions contemplated hereby (other than with respect to the income of MON). C sstomer shall provide IKON with such access to its facilmes, networks and systems as may be reasonably necessary, for IKON to perform its Services. Customer acknowledges that IKOYs performance of the Services is dependent upon Customer's timely and effective perfomtance of its responsibilities hereunder. Unless connectivity ii—ices are specifically identified in the Task and Description section of this Work Order w part of Swices . to be performed by IKON, IKON shall have no obligation to perform and no responsibility for the connection of any hardware OF soflwue to any CnStome r network or system. IKON shall perform its Services in a professional manner. IKON is not the manufacturer of any of the software, tools aniVor products uti Sized in connection with this Work Order. IKON shall, however, make available to Cu,mmer any warranties made to IKON by the manufacturers of the software, tools andior products utilized by IKON in connection with its Services hereunder, to the extent transfemble And without recourse Y Customer has engaged IKON to provide Customer tools to assist Customer in Data Management Services that rd w- to the security or accessibility of information stored in or recoverable from any devices provided or serviced by IKON; irxluding but non limited to any hard drive removal, demsing or Formaning services of any kind. Customer expressly acknowledges and agrees that (i) it is aware of the security alternatives available to it, (u) it has assessed such allematives and exercised its own independent judgment in selecting the Data Management Services and determined that such Data Management Service are appropriate for its needs and compliance, (iii) BOON does not provide legal advice with respect in information security of represent of warrant that its Data Management Services or products are appropriate for Costumers needs or that such Data Management Swices will guarantee or ensure compliance with any law, regulation, policy. obligation or requirement that may apply to of al %ct Customer's business, information retention strategies and standards, or information security requirements. Additionally, Customer expressly acknowledges and agrees that, (a) Customer is responsible for insuring its own compliance with legal requirements pertaining to data retention and protection, (b) it is the Cstamer s sole responsibility in obtain advice of compelent legal conowl a to the identification and interpretation of any relevant laws and regulatory requirements that may affect the Customers business or data ralanoon, and any actions required to comply with such laws, and (c) the selection, use and design of any Data Management Services, and my and all decisions arising with respect to the deletion or storage of any data, as well m any loss, m presence, or data resulting therefrom shall be the sole responsibility of Customer, and Customer shall indemnify and hold harmless IKON and its subsidiaries, directors, officers, employees and agents from and against any and all costs, expenses, liabilities, chars, damages, losses;, judgments or fees (including reasonable anomeys' fees) arising therefrom or related thereto. EXCEPT AS EXPRESSLY SET FORTH HEREIN, IKON MAKES Noo WARRANTIES, EXPRESSED OR PAP'LIF-D, ECLUDING WARRANTIES OF 1s'IERCHANfABILTIY, OR FITNESS FOR A PARTICULAR PURPOSE. IN CONNECTION WFTH THIS WORK ORDER AND THE PROFITS ARISING OUT OF OR RELATED TO THIS WORK ORDER OR THE PERFORM kNCE OR BREACH HEREOF, EVEN IF IKON I-LAS BEEN ADVISED OF THE POSSIBILITY THEREOF, IKONS LIABILITY TO CUSTOMER MMREUNDER if ANY. SHALL IN NO EVENT EXCEED THE TOTAL OF THE FEES PAID TO IKON HEREUNDER BY CUSTOMER LN NO EVENT SHALL. BOON BE 1L ABLE TO CUSTOMER FOR ANY DAMAGES RESULTING FROM OR RELATED TO ANY FAILURE OF THE SOFTWARE, INCLUDING. BUT NOT LIMTED TO, LOSS OF DATA, OR DELAY OF DELIVERY OF SERVICES UNDER THIS WORK ORDER. IKON ASSUMES NO OBLIGATION TO PROVIDE OR INSTALL ANY ATTL -YTRUS OR SIMILAR SOFTWARE AND THE SCOPE OF SERLTCES CONTEMPL.ATF.D HEREBY DOES NOT INCLUDE ANY SUCH SERVICES Except for pufposs of this'%Wk Order, IKON shall not use at disclose any proprietary at confidential Customer dataderived from its Services hereunder; provided, however, that IKON may use general statistics relating to the Service e.Meme a so long as it does not disclose the identify of Cusloma or make any reference to any information from which the identity of Csterner may be reasonably Ascertained Customer agrees that during the term of the Services and for a period of one (1) year after termination thereof, it shall not directly or indirectly solicit, hire or otherwise rosin as sin employee or independent contractor any employee of IKON that is or was involved with or pan of the Service. This Work Order represents the entire agreement between the parties relating to he subject manor hereof and supersedes all prior understandings, writings, proposals, representations or communications, oral or written, of either party. This Work Order may be amended only in writing executed by the authorized representatives of lwth Parties. Any purchase order, service order or other Customer ordering document will not modify or affect this Work Order, nor have any other legal effect, and shall serve only the purpose of idemilYing the service Ordered This Work Order may not be transferred or assigned by customer wittiou the prior written consent of IKON. This Work Order shall be interpreted in accordance with the substantive laws of the Commonwealth of Pennsylvania, without regard to principles of sonnets of law_ The relationship of the parks is that of independent contractors. IKON shell not be responsible for and shall be excused from perfomtance or have reasonable additional periods of titre to perform is obligations where it is delayed or prevemed from performing any of its obligations for reasons beyond IKON's reasonable control, including, without Imitation, acts of God, natural disesters, labor disputes, strikes or unavailability of services, perscmnel or materials. This Work Order is separately enforceable as a complete and independent binding agreement, independent of all other WorkOrcicrs, if any By signing, the Customer acknowledges and accepts the terms and conditions of this Work Order, and ocorrrms that the undersigned has the necessary power and authority to enter into this work oederon behalf of Customer 011-pi IRM v. 06.16.10 1 OF 1 SFP544822 VOL i "� pQ 113 Work Order - US IKON office solutions, INC. Document Efficiency Professional Services At Work' Base E Model # Base Eq Serial # lEmail Add res 7 f PS Re Date of Services: _ A mcOH COMPANY C.Ma,rner must already bean IKON customer to use this torn without being part of the SFP Bill ToCUSt No.: Pymt Method: Ship To Customer No.. PO No: PO Date: Bill To Customer: aRA COUNTY Ship To Customer: AddreSS: 2ra 5 TEXAS AVE STE 218 Address: 17DO HIGHWAY 21 W SECOND FLOOR City: BRYAN State: TX Zip: 77803 -3999 City: BRYAN State: TX Zip. 77803 -1300 Customer Contact: LESLIE WILLIAMS Title: NA Phone- 979 361-4294 IKON Sales Rep: COOPER,JAMES,D. Phone: 979 -693 -9986 ext. 215 MPSIFSM /SAMISAC; SC: SC -C: SAISSA: Description of Professional Services Professional Services Taskl HD SECURITY KIT SERVICE INTALLATION FE o Install and configure printer interface • Assist customer in connecting to their network • Install and setup print drivers /PPD's on up to two (2) workstations o Printer operator training for lead operator I administrator o End user training for print drivers /PPD'S for up to two (2) persons o System Administrator Training Task eI KON Code OMD Code Units Unit Price Ext. DPrice Notes: t HDSECURINSL RICOH AFICIO MF65DO ICS BUNDLE D Total ace: Price Inehuded P 3 Is Work Order Avall he udreclive as of the dab of oracution W bah IKON and Ce etseaer. By dtpdng below, the i nderAgma reproand that they are duly authorized to ester into Mds W oak Order on hehalfdtlaefrraap.eiii etm/i IKON OFFICE SOLUTIONS, INC- U OMER B: B Name: Name: Title; Title: Date: 10/111-11 Date: TERMS A"- CONDITIONS The performance by IKON of the Services described in chit Work Order is subject to and shall be govamed solely by the following term and cmdiuens: Customer engages IKON to perronn the services described in this Work Order (the "Services "). Changes to the scope of the Services shall be made only in a written change order signed by both parties IKON shall have no obligation to commence work in connection with any change until the fee anor schedule impact of the change and all otter applicable terms are agreed upon by both parties in writing. IKON shall provide the Services et the Custamer location set forth herein or on a remote basis. In consideration of its Services hereunder, Customer shall pay IKON the Service fees in the amounts and at the rates set forth above Customer shall pay all amounts payable to IKON hereunder within thirty (30) days of the date of the invoice submitted by IKON. If IKON undertakes collection or enforcement efforts, Customer shall be liable for all casts thereof, including, without Imitation, reasonable anomeys' fees and laze charges. IKON mays spend or terminate Services for non- paymem. Customer shall he responsible for payment of any applicable taxes arising in connection with the transactions contemplated hereby (other than with respect to the income of MON). C sstomer shall provide IKON with such access to its facilmes, networks and systems as may be reasonably necessary, for IKON to perform its Services. Customer acknowledges that IKOYs performance of the Services is dependent upon Customer's timely and effective perfomtance of its responsibilities hereunder. Unless connectivity ii—ices are specifically identified in the Task and Description section of this Work Order w part of Swices . to be performed by IKON, IKON shall have no obligation to perform and no responsibility for the connection of any hardware OF soflwue to any CnStome r network or system. IKON shall perform its Services in a professional manner. IKON is not the manufacturer of any of the software, tools aniVor products uti Sized in connection with this Work Order. IKON shall, however, make available to Cu,mmer any warranties made to IKON by the manufacturers of the software, tools andior products utilized by IKON in connection with its Services hereunder, to the extent transfemble And without recourse Y Customer has engaged IKON to provide Customer tools to assist Customer in Data Management Services that rd w- to the security or accessibility of information stored in or recoverable from any devices provided or serviced by IKON; irxluding but non limited to any hard drive removal, demsing or Formaning services of any kind. Customer expressly acknowledges and agrees that (i) it is aware of the security alternatives available to it, (u) it has assessed such allematives and exercised its own independent judgment in selecting the Data Management Services and determined that such Data Management Service are appropriate for its needs and compliance, (iii) BOON does not provide legal advice with respect in information security of represent of warrant that its Data Management Services or products are appropriate for Costumers needs or that such Data Management Swices will guarantee or ensure compliance with any law, regulation, policy. obligation or requirement that may apply to of al %ct Customer's business, information retention strategies and standards, or information security requirements. Additionally, Customer expressly acknowledges and agrees that, (a) Customer is responsible for insuring its own compliance with legal requirements pertaining to data retention and protection, (b) it is the Cstamer s sole responsibility in obtain advice of compelent legal conowl a to the identification and interpretation of any relevant laws and regulatory requirements that may affect the Customers business or data ralanoon, and any actions required to comply with such laws, and (c) the selection, use and design of any Data Management Services, and my and all decisions arising with respect to the deletion or storage of any data, as well m any loss, m presence, or data resulting therefrom shall be the sole responsibility of Customer, and Customer shall indemnify and hold harmless IKON and its subsidiaries, directors, officers, employees and agents from and against any and all costs, expenses, liabilities, chars, damages, losses;, judgments or fees (including reasonable anomeys' fees) arising therefrom or related thereto. EXCEPT AS EXPRESSLY SET FORTH HEREIN, IKON MAKES Noo WARRANTIES, EXPRESSED OR PAP'LIF-D, ECLUDING WARRANTIES OF 1s'IERCHANfABILTIY, OR FITNESS FOR A PARTICULAR PURPOSE. IN CONNECTION WFTH THIS WORK ORDER AND THE PROFITS ARISING OUT OF OR RELATED TO THIS WORK ORDER OR THE PERFORM kNCE OR BREACH HEREOF, EVEN IF IKON I-LAS BEEN ADVISED OF THE POSSIBILITY THEREOF, IKONS LIABILITY TO CUSTOMER MMREUNDER if ANY. SHALL IN NO EVENT EXCEED THE TOTAL OF THE FEES PAID TO IKON HEREUNDER BY CUSTOMER LN NO EVENT SHALL. BOON BE 1L ABLE TO CUSTOMER FOR ANY DAMAGES RESULTING FROM OR RELATED TO ANY FAILURE OF THE SOFTWARE, INCLUDING. BUT NOT LIMTED TO, LOSS OF DATA, OR DELAY OF DELIVERY OF SERVICES UNDER THIS WORK ORDER. IKON ASSUMES NO OBLIGATION TO PROVIDE OR INSTALL ANY ATTL -YTRUS OR SIMILAR SOFTWARE AND THE SCOPE OF SERLTCES CONTEMPL.ATF.D HEREBY DOES NOT INCLUDE ANY SUCH SERVICES Except for pufposs of this'%Wk Order, IKON shall not use at disclose any proprietary at confidential Customer dataderived from its Services hereunder; provided, however, that IKON may use general statistics relating to the Service e.Meme a so long as it does not disclose the identify of Cusloma or make any reference to any information from which the identity of Csterner may be reasonably Ascertained Customer agrees that during the term of the Services and for a period of one (1) year after termination thereof, it shall not directly or indirectly solicit, hire or otherwise rosin as sin employee or independent contractor any employee of IKON that is or was involved with or pan of the Service. This Work Order represents the entire agreement between the parties relating to he subject manor hereof and supersedes all prior understandings, writings, proposals, representations or communications, oral or written, of either party. This Work Order may be amended only in writing executed by the authorized representatives of lwth Parties. Any purchase order, service order or other Customer ordering document will not modify or affect this Work Order, nor have any other legal effect, and shall serve only the purpose of idemilYing the service Ordered This Work Order may not be transferred or assigned by customer wittiou the prior written consent of IKON. This Work Order shall be interpreted in accordance with the substantive laws of the Commonwealth of Pennsylvania, without regard to principles of sonnets of law_ The relationship of the parks is that of independent contractors. IKON shell not be responsible for and shall be excused from perfomtance or have reasonable additional periods of titre to perform is obligations where it is delayed or prevemed from performing any of its obligations for reasons beyond IKON's reasonable control, including, without Imitation, acts of God, natural disesters, labor disputes, strikes or unavailability of services, perscmnel or materials. This Work Order is separately enforceable as a complete and independent binding agreement, independent of all other WorkOrcicrs, if any By signing, the Customer acknowledges and accepts the terms and conditions of this Work Order, and ocorrrms that the undersigned has the necessary power and authority to enter into this work oederon behalf of Customer 011-pi IRM v. 06.16.10 1 OF 1 SFP544822 VOL i "� pQ 113 CONTRACT FOR THE REMODEL OF THE SECOND AND THIRD FLOOR OF THE BRAZOS COUNTY COURTHOUSE This CONTRACT FOR THE REMODEL OF THE BRAZOS COUNTY COURTHOUSE SECOND and THIRD FLOOR (hereinafter referred to as the Contract) is made and entered into by BRAZOS COUNTY, TEXAS located at 300 East 26th Street, Suite 114, Bryan, Texas 77803 (hereinafter referred to as the "Owner ") and MADISON CONSTRUCTION, L.P., a Texas Limited Partnership, with local offices located at P.O. Box 3787, Bryan, Texas 77805 -3787 (hereinafter referred to as "Contractor "). This Contract is executed under seal and shall be effective on the date executed by the last party to execute it. WITNESSETH The owner does hereby employ the Contractor to do all the work and provide all the materials, tools, machinery and supervision necessary for the remodel, paint, base and flooring of the Brazos County Courthouse .( "Courthouse" or "Project "), the total sum of ONE HUNDRED FORTY -THREE THOUSAND TWO HUNDRED NINETY -NINE DOLLARS ($143,299.00), all in accordance with the Invitation to Bid 2011 -39 and Architects Documents which are attached hereto as Exhibit "A" and expressly incorporated herein by reference and made a part hereof. The Contractor shaft commence the work to be performed within seven (7) days from the date of the approval by the Brazos County Commissioners' Court, and shall complete the work sixty five (65) days thereafter, time being of the essence of this contract. Scope of Contract: The construction or revisions to the District Attorney's suite, installation of carpet, base and mini blinds and provide painting services for the Brazos County Courthouse Second and Third Floor per the terms, conditions, specifications, and attachments to this contract ( "Exhibit "A "). Assignment of Contract The contractor agrees not to assign the Construction Contract without the written consent of the Owner. Change Orders The Contractor agrees not to make any changes in the schedule of work, design, or of the specifications without written authorization by the Owner. Lien Waivers The Contractor shall protect, defend and indemnify the Owner from any claims for unpaid work, labor or materials. General Guarantee FACiviRClient Files1COURTHOUSE REMODELtSecond &Third Floor Ballard Document I V0 1. l Pg. 1I4 The Contractor shall remedy any defect due to faulty material or workmanship and pay for any damage to other work resulting therefrom which shall appear within the period of one year from final payment. Further, the Contractor will furnish Owner with all manufacturer's and supplier's written guarantees and warranties covering materials and equipment furnished under this Contract. Permits and Codes The Owner shall obtain all necessary building permits, including those required. The Contractor will secure at his own expense any other necessary permits and licenses required to do the work and will comply with all building and code regulations and ordinances whether or not covered by the specifications and drawings for the work. Work Performance 1) The Contractor shall protect all work adjacent to the Contract site from any damage resulting from the work of the Contractor and shall repair or replace any damaged work at his/her own expense. 2) The Contractor shall replace and put in good condition any existing conditions damaged in carrying out the contract. 3) The Contractor shall take all precautions to protect persons from injury and unnecessary interference or inconvenience. 4) The Contractor shall conduct his activities in a business like manner and adhere to the reasonable wishes of the Owner in relation to his working schedule. Condition of Premises The Contractor agrees to keep the premises clean and orderly and to remove all debris as needed during the hours of work in order to maintain work conditions which do not cause health or safety hazards. Use of Utilities The Owner shall permit the Contractor to use, at no cost, power and water necessary to the carrying out and completion of the work. Inspection The Owner shall have the right to inspect all work performed under this contract. As well it shall be a condition of this contract that all work that needs to be inspected or tested and certified by the engineer as a condition of the Dept. of Environmental Conservation Permit, (or other State agency), or inspected and certified by the local health officer, shall be done at each necessary stage before further construction can continue. All inspection and certification will be done at the Owner's expense. Failure to follow this requirement will be grounds for termination of the FACivil\Client Files \COURTHOUSE REMODEL \Second &Third Floor 2 Ballard Document I Vol. I PP Its contract. Right to Stop Work If the Contractor fails to correct defective work or persistently fails to supply materials or equipment in accordance with the Contract Documents, the Owner may order the Contractor to stop the work, or any portion thereof, until the cause for such order has been eliminated. Payment Schedule Payments for work shall be as follows: Payments shall be disbursed based on the attached schedule of values. Within three days of notification by the Contractor of each stage of completion, the Owner or its designee will inspect and approve the work, or request any necessary adjustments in the work. The Owner agrees to make payments to the Contractor within thirty days of approving work. Performance Standards: All services contracted herein shall be done in a courteous and orderly manner. All Contractors personnel shall be appropriately and neatly dressed at all times while on the property. Foul or inappropriate language will not be tolerated and are grounds for immediate removal from the premises. 2. The personnel performing the services contracted herein shall be under the sole responsibility and the employ of the Contractor or his Subcontractors. 3. All materials and equipment brought to the site are the full responsibility and liability of the Contractor until removed from the site as required. 4. Unless otherwise specifically noted, the Contractor shall provide and pay for all labor, materials, equipment, tools, transportation, and other facilities and services necessary for the proper execution and completion of the work herein contracted to be done. 5. The Contractor shall at all times enforce strict discipline and good order among its representative (s). The Contractor shall only utilize personnel who are satisfactorily and sufficiently skilled for the efficient performance of all work herein contracted to be done. 6. The Contractor shall give all notices and comply with all laws, ordinances, rules, regulations, and order of any public authority in connection with the performance of the work herein to be done. F:1CMINClient Files\COURTHOUSE REMODEL1Second &Third Floor Ballard Document I Vol. 1 pg. I I 3 7. The Contractor shall be responsible for initiating, maintaining and supervising appropriate safety precautions and programs in connection with the work herein contracted to be done. The Contractor shall take all reasonable precautions for safety of, and shall provide all reasonable protection to prevent damage, injury or loss to: (1) all employees on the project and other persons who may be affected thereby, (2) the project and all materials and equipment to be incorporated therein, and (3) other property at the site or adjacent thereto. 8. Contractor will be responsible for immediate notification of all damage to the property by the Contractor or its representative(s). 9. On -site storage of materials will be coordinated with Brazos County personnel, only in specific locations. Taxes Brazos County is tax exempt. Tax exemption certificates will be executed by the County upon request. Insurance 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 work 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. The attached insurance, "Exhibit C" suffices for all insurance required and is hereby approved by the owner. 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. F:1CiviRClient FilesICOURTHOUSE REMODEL\Second &Third Floor 4 Ballard Document I tit ®1. -7 ® Pg- � � 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. All insurance policies shall be furnished to Brazos County upon request. Commercial general liability a. General Liability insurance shall be written by carrier with an A:Vlll or better rating in accordance with the current Best Key Rating guide, b. Minimum Combined Single Limit of $1,000,000.00 per occurrence for bodily injury and property damage with Brazos County named as an additional insured. C. No coverage shall be deleted from the standard policy without notification of individual exclusions being attached for review and acceptance. 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 property damage. 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 $500,000.00 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 Proposal specifications, 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: FACMAClient FileslCOURTHOUSE REMODEUSecond &Third Floor 5 Ballard Document 1 Vol. — -� P8 A. Definitions: _Certificate of coverage ( "certificate') - 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) TWCC -81), TWCC -83, 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 project - 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 providing services on the proiect ( "subcontractors" in section 406.096 Lof the Texas Labor CodO) -_ includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person has employees. This includes, without limitation, independent Contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity or 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 food/beverage vendors, office supply deliveries, and delivery of portable 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) for all employees of the Contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the govemmental 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 person providing services on a project, and provide to the governmental entity,: (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 coverage showing coverage for all person; and (2) no later than seven calendar days after receipt by the Contractor, 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. FACiviNClient Files\COURTHOUSE REMODELISecond &Third Floor 6 Ballard Document VO1. f '2 pg. 1 F. The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The Contractorshall notify the governmental entity in writing by certified mail or personal delivery, within 10 calendar days after the Contractorknew or should have known, orany 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 required to be covered, and stating how a person may verify coverage and report lack of coverage. The Contractor shall contractually require each person with whom it contracts to provide services on a project, to: (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 (44) for all of its employees providing services on the project, 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, priorto 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 certificate of coverage, prior to the other person beginning work 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; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter, (6) 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 FACiviRClient Files\COURTHOUSE REMODELtSecond &Third Floor 7 Ballard Document Vol. �i 1-�— pg. l IKON OFFICE SOLUTIONS, INC. IMAGE MANAGEMENT PLUS COMMITMENTS Documem EWiciency At work. w.cw co■.u�r The below service commitments (collectively, the "Service Commitments') are brought to you by IKON Office Solutions, Inc., an Ohio corporation having its principal place of business at 70 Valley Stream Parkway, Malvern, PA 19355 ('IKON°), and a wholly owned subsidiary of Ricoh Americas Corporation. The words 'you" and 'your refer to you, our customer. You agree that IKON alone is the party to provide an of the services set forth below and is fully responsible to you, the customer, for all of the Service Commitments. The Service Commitments are only applicable to the equipment ("Producr) described in the Image Management Plus Product Schedule to which these Service Commitments are attached, excluding facsimile machines, singte•functton and wide- formal printers and production units. The Service Commitments are effective on the date the Product is accepted by you and apply during IKON's normal business hours, excluding weekends and IKON recognized holidays. They remain in effect for the Minimum Term so long as no ongoing defaultexisls on your part. TERM PRICE PROTECTION The Image Management Minimum Payment and the Cost of Additional Images, as described on the Image Management Plus Product Schedule, will not increase in price during the Minimum Term of the Image Management Plus Product Schedule, unless agreed to in writing and signed by both parties. PRODUCT SERVICE AND SUPPLIES IKON will provide full coverage maintenance services, including replacement parts, drums, labor and all service calls, during Normal Business Hours. 'Normal Business Hours' are between 8:00 a.m. and 5:00 p.m., Monday to Friday excluding public holidays. IKON will also provide the supplies required to produce images on the Product covered under the Image Management Plus Product Schedule (other than non - metered product and soft- metered product The s lies will be transparencies according of m lulled. turlssueifigations. lion sup`,ply i ch a alter and C trans arencies are not included. ill Gi RESPONSETIMECOMMIT NT IKON will provide a quarterly average response time of 2 to 6 business hours for all service calls located within a 30 -mile radius of any IKON office. and 4 to 8 business hours for service caps located within a 31.60 mile radius for the term of the Image Management Plus Product Schedule. Response time is measured in aggregate for all Product covered by the Image Management Plus Product Schedule. UPTIME PERFORMANCE COMMITMENT IKON will service the Product to be Operational with a quarterly uptime average of 96% during Normal Business Hours, excluding preventative and interim maintenance time. Downtime will begin at the time you place a service call to IKON and will end when the Product is again Operational. You agree to make the Product available to IKON for scheduled preventative and interim maintenance. You further agree to give IKON advance notice of any critical and specific uptime needs you may have so that IKON can schedule with you interim and preventative maintenance in advance of such needs. As used in these Service Commitments "Operational' means substantial compliance with the marufactumr's specifications andlor performance standards and excludes customary end -user corrective actions. IMAGE VOLUME FLEXIBILITY AND PRODUCT ADDITIONS At any time after the expiration of the initial ninety day period of the original term of the Image Management Plus Product Schedule to which these Service Commitments relate, IKON will, upon your request, review your image volume, if the image volume has moved upward or downward in an arlount sufficient for you to consider an alternative plan, IKON will present pricing options to conform to a new image volume. It you agree that additional product is required to satisfy your increased image volume requirements, IKON will include the product in the pricing options. The addition of product andlor increasestdecreases to the Guaranteed Minimum Images requires an amendment ('Amendmenr) to the Image Management Plus Product Schedule that must be agreed to and signed by both you and IKON. The term of the Amendment may not be less than the remaining term of the existing Image Management Plus Product Schedule but may extend the remaining term of the existing Image Management Plus Product Schedule for up loan additional 60 months. Adjustments to the Guaranteed Minimum Images commitment andlor the addition of product may result in a higher or lower minimum payment. Images decreases are limited to 251/6 of the Guaranteed Minimum Images in effect at the time of Amendment PRODUCT AND PROFESSIONAL SERVICES UPGRADE OPTION At any lime after the expiration of one -half of the original term of the Image Management Plus Produd Schedule to which these Service Commitments relate, you may reconfigure the Product by adding, exchanging, or upgrading to an item of Product with additional features or enhanced technology. A new Image Management Plus Product Schedule or Amendment must be agreed to and signed by you and IKON for a term not less than the remaining term of the existing Image Management Plus Product Schedule but may, in the case of an amendment, extend the remaining term of the existing Image Management Plus Product Schedule for up to an additional 60 months. The Image Management Cost of Additional Images and the Minimum Payment of the new Image Management Plus Product Schedule or Amendment will be based on any obligations remaining on the Product, the added product and new image volume commitment. Your IKON Account Executive will be pleased to work with you on a Technology Refresh prior to the end of your Image Management Plus Product Schedule or Amendment. PERFORMANCE COMMITMENT IKON is committed to performing these Service Commitments and agrees to perform its services in a manner consistent with the applicable manufacturer's specifications. If IKON fails to meet any Service Commitments and in the unlikely event that IKON is not able to repair the Product in your office, IKON, at IKON's election, will provide to you either the delivery of a temporary loaner, for use while the Product is being repaired at IKON's service center, or IKON will replace such Product with comparable Product of equal or greater capability at no additional charge. These are the exclusive remedies available to you under the Image Management Plus Commitments, Customer's exclusive remedy shall be for IKON to re- perform any Services not in compliance with this warranty and brought to IKON's attention in writing within a reasonable lime, but in no event more than thirty (30) days after such Services are performed. If you are dissatisfied with IKON's performance, you must send a registered letter outlining your concerns to the address specified below in the'Ouality Assurance' section. Please allow 30 days for resolution. ACCOUNT MANAGEMENT Your IKON sales professional will, upon your request, be pleased to review your product performance metrics on a quarterly basis and at a mutually convenient date and time IKON will follow up within 8 business hours of a call or a -mail to one of our account management team members requesting a metrics review. IKON will, upon your request, be pleased to annually review your business environment and discuss ways in which we may improve efficiencies and reduce costs relating to your document management processes. QUALITY ASSURANCE Please send all correspondence relating to the Service Commitments via registered letter to the Quality Assurance Department located at: 3920 Arkwright Road, Macon, GA 31210, A1tn: Quality Assurance, The Quality Assurance Department will coordinate resolution of any performance issues concerning the above Service Commitments with your local IKON office. If either of the Response Time or Uptime Performance Commitments is not met, a one -time credit equal to 3% of your Minimum Payment invoice total will be made available upon your request. Credit requests must be made in writing via registered letter to the address above. IKON is committed to responding to any questions regarding invoiced amounts for the use of the Product relating to the Product Schedule within in a two (2) day timeframe. To ensure the most timely response please calf) 1- 888 - ASK -IKON. MISCELLANEOUS These Service Commitments do not cover repairs resulting from misuse (including without limitation Improper voltage or environment or the use of supplies that do not conform to the manufacturer's specifications), subjective matters (such as color reproduction accuracy) or any other factor beyond the reasonobte control of IKON. IKON and you each acknowledge that these Service Commitments represent the entire understanding of the parties with respect to the subject matter hereof and that your sole remedy for any Service Commitments not performed in accordance with the foregoing is as set forth under the section hereof entitled 'Performance Commitment'. The Service Commitments made herein are service andlor maintenance warranties and are not product warranties. Except as expressly set forth herein, IKON makes no warranties, express or implied, including any implied warranties of merchantability, fitness for use, or fitness for a particular purpose. Neither party hereto shall be liable to the other for any consequential, indirect, punitive or special damages. Customer expressly acknowledges and agrees that, in connection with the security or accessibility of information stared in or recoverable from any Product provided or serviced by IKON, Customer is solely responsible for ensuring its own compliance with legal requirements or obligations to Third parties pertaining to data security, retention and protection. To the extent allowed by law Customer shall indemnify and hold harmless IKON and its subsidiaries, directors, officers, employees and agents from and against any and all costs, expenses, liabilities, claims, damages, losses, judgments or fees (including reasonable attorneys' fees) arising from its failure to comply with any such legal requirements or obligations. These Service Commitments shall be governed according to the laws of the Commonwealth of Pennsylvania without regard to its conflicts of law principles. These Service Commitments are not assignable by the Customer. Unless otherwise stated in your Implementation Schedule, your Product will ONLY be serviced by an 'IKON Certified Technician ". You acknowledge and agree that, in connection with its performance of its obligations under these Service Commitments, IKON may place automated meter reading units on imaging devices. including but not limited to the Product, at your location in order to facilitate the timely and efficient collection of accurate meter read data on a monthly, quarterly or annual basis. IKON agrees that such units will be used by IKON solely for such purpose. Once transmitted, all meter read data shall became the sole property of IKON and will be utilized for billing purposes. IN WITNESS WHEREOF, each party has caused Its duly authorized officer to execute these Image Management Plus Commitments as of 20, CUS MER IKON OFFICE SOLUTIONS, INC. ■ By: By: Name: Name ; — Title: Title: n�ro Ir'l 11 /1 Date: 1- 888- ASKIKON www.ikon.com Sl -C PS -IMI'C 04 11 I KC1NUITcC56111!01.0 1u:11KU\ Al \."A.::a Ric h(F.• I 2rol,• i� :�:d„�d:.,narA o`R,_�t l'.•mp�n.. 1. i:l Vol. 15,;L pg. ! 1 I 1'nEr t ar 1 The performance by IKON. of the Services described in this Work Order is subject to and shall be governed sot ely by the following temts and conditions Customer engy es IRON to perfomt the se—ces described in this Work Order (the "Sam="). Changes to the scope of the Services shall be made only in a written change order signed by both parties. IKON shall have na obligation to commance work in connection wnh any change until the fee anda'or schedule impact of the change and all other appleablcienns are agreed upon by both parties in venting. IKON shall provide the.Semces at The Ct6lamu location set forth herein or on a remora basis. In consideration of its Services hereunder, Customer shall pay IKON she Service fees in the amounts and at the rates set forth above. Customer shall pay all amounts payable to MON hereunder within thirty (30) days of the date of the invoice submitted by IKON. If IKON undertakes collection or enforcement efforts. Customer shall be liable far all costs thereof, including, without limitation, reasonable adomgs fees and late charges. IKON may sr spend or teammate Servxes for non- payment Customer shall be responsible for payment of any applicable tares arising in connecton with the transactions contemplated hereby (other than with respect to the income of IKONI. Customer shall provide IKON with such access 10 its facilities, networks and systems as may be reasonably necessary for BOON to perform its Services. Customer acknowledges that IKONS of the Services is dependent upon Customer's timely and effective performance of its responsibilities hereunder. Unless connectivity services arc specifically identified in the Task and Description section of this Work Order as part of Services to be performed by IKON, IKON shall have no obligation to perform and no responsibility for the conoeedon of any hardware usofixare to any Customernetworkorsystem. IKON shall perform its Services in a professional manner fKON is not the manufacturer of any of the software, tools and/or products udlzed in connection with this Work Order. IKON shall, however, make available in Customer any warranties nude to rKON by the manufacturers of the software, tools and/or products utilized by ICON in connection with its Services hereunder, to the extent transferable and without recourse. If Cusiamer has r:agaged IKON to provide Customertaots ro assist Customer ;a Data Management Services that ,dale to the security or accessibility of information stored m or recoverable from any devices provided ar serviced by IKON, mcludmg but not limited to any hard drive removal, cleansing or formatting services army kind. Ctstomer expressly acknowledges and agrees that (i) it is aware of the security alremanves available to it, (u) it has assessed such alternatives and exercised its own independent judgment in selecting the Data Management Services and determined that such Date Management Services we appropriate for its needs and compliance, (iii) IKON does not provide legal advice with respect to information security or represent or vnnant that its Data Management Services or products are appropriate for Customer's needs or that such Data Management Services wilt guarenree or ensure compliance with any law, regulation, policy, obligation or mquirement that may apply to m affect C Tamers business, information retention strategies and standards, or information security requirements. Additionally. Customer expressly acknowledges and agrees that, (a) Customer is responsible for ensuring its own compliance with legal requirements pertaining to data retention and protection, (b) it is the Customers sale responsibility to obtain advice of conpetent legal counsel u to the identification and interprelmon of any relevant laws and regulatory requirements that may affect the Customers business or data rerenhon, and any actions required to comply with such lam, and (c). the selection, use and design of say Date Management Services, and any and all decisions ansing with respect to the deletion or storage of any data, u well as any loss, or presence, or data resulting therefrom, shall be the sole responsibility of C,ustorner, end Customer shall indemnify and hold harmless IKON and its subsidiaries, directors, officers, employees and agents from and "are any and all costs, expenus, liabilities, claims, damages, Iosses,judgmena or fees (including reasonable atiomeys' fees) arising therefrom or related thereto. EXCEPT AS EXPRESSLY SET FORTH HEREIN. IRON MAKES NO WARRANTIES, EXPRESSED OR I AMLED, INCLUDING WARRANTIES OF MERCHAN"LkBI.TY, OR FrrNESS FOR A PARTICULAR PURPOSE, IN CONNECTION 'ATM THIS WORK ORDER AND THE PROFITS ARISING OUT OF OR RELATED TO THIS WORK ORDER OR THE PERFORMANCE OR BREACH HEREOF. EVEN IF IKON HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. IKON'S LIABILITY TO CUSTOMER HEREUNDER, IF ANY, SHALL IN NO EVENT EXCEED THE TOTAL OF THE FEES PAID TO IKON HERECTNDER BY CUSTOMER. IN NO E' ETW SHALL IKON BE LIABLE TO CUSTOMER FOR ANY DAMAGES RESULTING FROM OR RELATED TO ANY FAILURE OF T BE SOFTWARE, INCLUDING. BUT NOT U MITED TO, LOSS OF DATA, OR DELAY OF DELIYERY OF SERVICES UNDER THIS WORK ORDER. IKON ASSUMES NO OBLIGATION TO PROVIDE OR INSTALL ANY A.nNTI -VIRLS OR SIM ILAR SOFTWARE AND 771E SCOPE OF SERVTCFS CONTEMPLATED HEREBY DOES NOT INCLUDE A.VY SUCH SERVICFS. Except for purposes of this Work Order, ICON shall not use or disclose any proprietary or confidential Customer data derived from its Services hereunder, provided, however, that IKON may use general siatisncs relating to the Service engagement so long u it does not disclose the identity of Customer or make any reference to any information from which the identity of Customer may be reasonably ascertained.. Customer agrees that during the term of the Services and for a period of one (I) year after temninabon thereof, it shall not directly or indirectly solicit, hire or otherwise rerun as an employee or mdependcra contractor any employee of IKON that is or was involved with or pan of the Services. This Work Order represents the entire agreement between the parties ,dating to the subject mane, hereof and supersedes all prior understandings, writings, proposals, representations or communications, oral or written, of either party. This Work Order maybe amended only in writing executed by the authod tad representatives of both parties Any purchase order, service order or other Customer mdering documem will amt mortify or affect this Work Order, nor have any other legal effect, and shall serve only the purpose of identifying the service ordered. This Work Order may rot be transferred or assigned by customer without the prior wrinen consent of IKON. This Wark Order shall be interpreted in eaordanu with the substantive laws of the Commonwealth of Pennsylvania, without regard to principles of conflicts of law T lr a relationship of the panties is that of independent contractors. IKON shall not be ressonable for and shall be excused from performance or have reasonable additional penods of note to perfurn its obligations where it is delayed or prevented from perfomung any of its obligations for reasons beyond IKONS reasonable control, including limitation, acts of God natural disasters, labor disputes, strikes or unavailability of services, personnel or materials. This Work Order is separately enforceable era complete and independent binding agreement, independent of all other Work Orders, if arty. By signing, the Customer sckuovderlges and accepts the tams and conditions of this Work Order, and confirms that the undersigned has the necessary power end authority to enter into this work Order on behalf of Customer Mill @R S IRWr A Wit 111111l III Y. 06.16. 10 1 OF 1 Vol. � 5, 1 Id, Pg. SFP544822 Work Order - US „ IKON Office Solutions, INC. Document Efficiency Professional Services At Work! I Base Eq Model #1 Base Ecl Serial # Email Address of PS Re Date of Services: A RICO" COMPANY Customer must already be an IKON customer to use this form without being part of the SFP Bill ToCust No.: Pymt Method: Ship To Customer No.: PO No. PO Date: Bill To Customer: BRAZOS COUNTY Ship To Customer: Address: 200 S TEXAS AVE STE 1116 Address: 1700 HIGHWAY 21 W FIRST FLOOR City: BRYAN State: Tx �• Zip: 77603 -3999 City: BRYAN State: rX Zip: 77803 -13D0 Customer Contact: LESLIE WILLIAMS Title: NA Phone: (979) 361 -4294 I KON Sales Rep: COOPER,dAMES D. Phone: 97 96 9 3 -9966 exl, 215 MPS /FSMISAMISAC: SC: SC -C: - SA/SSA: Description of Professional Services Professional Services Taskl HD SECURITY KIT SERVICE INTALLATION FE • Install and configure printer interface • Assist customer in connecting to their network • Install and setup print drivers /PPD's on up to two (2) workstations o Printer operator training for lead operator I administrator o End user training for print drivers /PPD's for up to two (2) persons o System Administrator Training Task alKON Code OMD Code Unite Unit Price Ext. Price INOIesi 1 HDSECURINSL RICOH AFICIO MP65001CSSUNDLE 0 0 1 3 otal Prim I price Included Ids W'ark Order dill k entetive as e<ike Bete of esreaeiea hJ teeth IKON and CuatoTmr. By dpdog below, the undersigned reprneal that they are dreg aoMeaiaed to elder rota this Work Order on behalf of that, r-p.m- enfidea CU OME IKON OFFICE SOLUTIONS, INC. 8: B: Name: Narne, Title: Title: Date: Date: The performance by IKON. of the Services described in this Work Order is subject to and shall be governed sot ely by the following temts and conditions Customer engy es IRON to perfomt the se—ces described in this Work Order (the "Sam="). Changes to the scope of the Services shall be made only in a written change order signed by both parties. IKON shall have na obligation to commance work in connection wnh any change until the fee anda'or schedule impact of the change and all other appleablcienns are agreed upon by both parties in venting. IKON shall provide the.Semces at The Ct6lamu location set forth herein or on a remora basis. In consideration of its Services hereunder, Customer shall pay IKON she Service fees in the amounts and at the rates set forth above. Customer shall pay all amounts payable to MON hereunder within thirty (30) days of the date of the invoice submitted by IKON. If IKON undertakes collection or enforcement efforts. Customer shall be liable far all costs thereof, including, without limitation, reasonable adomgs fees and late charges. IKON may sr spend or teammate Servxes for non- payment Customer shall be responsible for payment of any applicable tares arising in connecton with the transactions contemplated hereby (other than with respect to the income of IKONI. Customer shall provide IKON with such access 10 its facilities, networks and systems as may be reasonably necessary for BOON to perform its Services. Customer acknowledges that IKONS of the Services is dependent upon Customer's timely and effective performance of its responsibilities hereunder. Unless connectivity services arc specifically identified in the Task and Description section of this Work Order as part of Services to be performed by IKON, IKON shall have no obligation to perform and no responsibility for the conoeedon of any hardware usofixare to any Customernetworkorsystem. IKON shall perform its Services in a professional manner fKON is not the manufacturer of any of the software, tools and/or products udlzed in connection with this Work Order. IKON shall, however, make available in Customer any warranties nude to rKON by the manufacturers of the software, tools and/or products utilized by ICON in connection with its Services hereunder, to the extent transferable and without recourse. If Cusiamer has r:agaged IKON to provide Customertaots ro assist Customer ;a Data Management Services that ,dale to the security or accessibility of information stored m or recoverable from any devices provided ar serviced by IKON, mcludmg but not limited to any hard drive removal, cleansing or formatting services army kind. Ctstomer expressly acknowledges and agrees that (i) it is aware of the security alremanves available to it, (u) it has assessed such alternatives and exercised its own independent judgment in selecting the Data Management Services and determined that such Date Management Services we appropriate for its needs and compliance, (iii) IKON does not provide legal advice with respect to information security or represent or vnnant that its Data Management Services or products are appropriate for Customer's needs or that such Data Management Services wilt guarenree or ensure compliance with any law, regulation, policy, obligation or mquirement that may apply to m affect C Tamers business, information retention strategies and standards, or information security requirements. Additionally. Customer expressly acknowledges and agrees that, (a) Customer is responsible for ensuring its own compliance with legal requirements pertaining to data retention and protection, (b) it is the Customers sale responsibility to obtain advice of conpetent legal counsel u to the identification and interprelmon of any relevant laws and regulatory requirements that may affect the Customers business or data rerenhon, and any actions required to comply with such lam, and (c). the selection, use and design of say Date Management Services, and any and all decisions ansing with respect to the deletion or storage of any data, u well as any loss, or presence, or data resulting therefrom, shall be the sole responsibility of C,ustorner, end Customer shall indemnify and hold harmless IKON and its subsidiaries, directors, officers, employees and agents from and "are any and all costs, expenus, liabilities, claims, damages, Iosses,judgmena or fees (including reasonable atiomeys' fees) arising therefrom or related thereto. EXCEPT AS EXPRESSLY SET FORTH HEREIN. IRON MAKES NO WARRANTIES, EXPRESSED OR I AMLED, INCLUDING WARRANTIES OF MERCHAN"LkBI.TY, OR FrrNESS FOR A PARTICULAR PURPOSE, IN CONNECTION 'ATM THIS WORK ORDER AND THE PROFITS ARISING OUT OF OR RELATED TO THIS WORK ORDER OR THE PERFORMANCE OR BREACH HEREOF. EVEN IF IKON HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. IKON'S LIABILITY TO CUSTOMER HEREUNDER, IF ANY, SHALL IN NO EVENT EXCEED THE TOTAL OF THE FEES PAID TO IKON HERECTNDER BY CUSTOMER. IN NO E' ETW SHALL IKON BE LIABLE TO CUSTOMER FOR ANY DAMAGES RESULTING FROM OR RELATED TO ANY FAILURE OF T BE SOFTWARE, INCLUDING. BUT NOT U MITED TO, LOSS OF DATA, OR DELAY OF DELIYERY OF SERVICES UNDER THIS WORK ORDER. IKON ASSUMES NO OBLIGATION TO PROVIDE OR INSTALL ANY A.nNTI -VIRLS OR SIM ILAR SOFTWARE AND 771E SCOPE OF SERVTCFS CONTEMPLATED HEREBY DOES NOT INCLUDE A.VY SUCH SERVICFS. Except for purposes of this Work Order, ICON shall not use or disclose any proprietary or confidential Customer data derived from its Services hereunder, provided, however, that IKON may use general siatisncs relating to the Service engagement so long u it does not disclose the identity of Customer or make any reference to any information from which the identity of Customer may be reasonably ascertained.. Customer agrees that during the term of the Services and for a period of one (I) year after temninabon thereof, it shall not directly or indirectly solicit, hire or otherwise rerun as an employee or mdependcra contractor any employee of IKON that is or was involved with or pan of the Services. This Work Order represents the entire agreement between the parties ,dating to the subject mane, hereof and supersedes all prior understandings, writings, proposals, representations or communications, oral or written, of either party. This Work Order maybe amended only in writing executed by the authod tad representatives of both parties Any purchase order, service order or other Customer mdering documem will amt mortify or affect this Work Order, nor have any other legal effect, and shall serve only the purpose of identifying the service ordered. This Work Order may rot be transferred or assigned by customer without the prior wrinen consent of IKON. This Wark Order shall be interpreted in eaordanu with the substantive laws of the Commonwealth of Pennsylvania, without regard to principles of conflicts of law T lr a relationship of the panties is that of independent contractors. IKON shall not be ressonable for and shall be excused from performance or have reasonable additional penods of note to perfurn its obligations where it is delayed or prevented from perfomung any of its obligations for reasons beyond IKONS reasonable control, including limitation, acts of God natural disasters, labor disputes, strikes or unavailability of services, personnel or materials. This Work Order is separately enforceable era complete and independent binding agreement, independent of all other Work Orders, if arty. By signing, the Customer sckuovderlges and accepts the tams and conditions of this Work Order, and confirms that the undersigned has the necessary power end authority to enter into this work Order on behalf of Customer Mill @R S IRWr A Wit 111111l III Y. 06.16. 10 1 OF 1 Vol. � 5, 1 Id, Pg. SFP544822 (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. J. 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. 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. Safety precautions FACiviRClient Files\COURTHOUSE REMODELISecond &Third Floor 8 Ballard Document I _ Vol _ 1 PF i a t Safety precautions at the site are a part of the construction techniques and processes for which the Contractor shall be solely responsible. The Contractor is solely responsible for handling and use of 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 in the job office and make available to the owner and/or anyone the owner reasonably approves. The Contractor has the sole obligation to protect or warn 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 or compensated for by the Contractor at its own cost and expense. Indemnity THE CONTRACTOR SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS THE OWNER, THEARCHITECT, THE ARCHITECT'S CONSULTANTS, AND ANY AND ALL EMPLOYEES OR AGENTS OF ANY OF THEM (COLLECTIVELY REFERRED TO AS THE "INDEMNITEES ") FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, COSTS, AND EXPENSES, INCLUDING, BUT NOT LIMITED TO REASONABLE ATTORNEY'S FEES, ARISING OUT OF, RESULTING FROM, OR OCCURRING IN CONNECTION WITH, THE WORK OR PERFORMANCE OF THE WORK, PROVIDED THAT SUCH CLAIM, LIABILITY, DAMAGE, LOSS, COST, OR EXPENSE IS ATTRIBUTABLE TO BODILY INJURY, SICKNESS, DISEASE, OR DEATH, OR TO INJURY TO OR DESTRUCTION OF TANGIBLE PROPERTY (OTHER THAN THE WORK ITSELF), INCLUDING THE LOSS OF USE THEREOF, IN ANY WAY OCCURING, INCIDENT TO, ARISING OUT OF, OR IN CONNECTION WITH: (A) A BREACH OF THE WARRANTIES PROVIDED BY THE CONTRACTOR; (B) THE WORK PERFORMED OR TO BE PERFORMED BY THE CONTRACTOR, ITS SUBCONTRACTORS, SUB - SUBCONTRACTORS, AND SUPPLIERS, AND THEIR EMPLOYEES AND AGENTS; (C) ANY CLAIM BROUGHT AGAINTS INDEMNTEE BASED UPON OR RELATED TO A CLAIM OR CLAIMS OF RESPONDEAT SUPERIOR OR VICARIOUS LIABILITY FOR THE ACTS OR WORK OF THE CONTRACTOR OR THE CONTRACTOR'S SUBCONTRACTORS, OR (D) ANY FINES, PENALTIES, DAMAGES (INCLUDING PUNITIVE), LIABILITIES, COSTS, AND EXPENSES IN CONNECTION WITH: (1) A VILOATION OF ANY LAW, STATUTE, RULE, ORDINANCE, CODE, OR OTHER REQUIREMENT OF PUBLIC AUTHORITIES; (2) MEANS, METHODS, PROCEDURES, OR SEQUENCES OF EXECUTION OR PERFORMANCE OF THE WORK; AND (3) FAILURE TO SECURE AND PAY FOR PERMITS, FEES, APPROVALS, LICENSES, AND INSPECTIONS FOR WHICH THE CONTRACTOR IS FACivillClient FilesICOURTHOUSE REMODEUSecond &Third Floor g Ballard Document I ��.,� 15 � per. ► �'� RESPONSIBLE FOR UNDER THE CONTRACT DOCUMENTS. THE CONTRACTOR'S INDEMNITY OBLIGATION HEREIN SHALL NOT BE CONSTRUED TO NEGATE, ABRIDGE, OR REDUCE OTHER RIGHTS OR OBLIGATIONS OF INDEMNITY THAT WOULD OTHERWISE EXIST AS TO A PARTY OR PERSON DESCIBED IN THIS SECTION. THE SCOPE AND EXTENT OF THIS INDEMNITY SHALL NOT BE LIMITED BY THE AVAILABILITY OF COVERAGE UNDER THE CONTRACTOR'S INSURANCE, AND SHALL NOT LIMIT THE INDEMNITEES' OTHER LEGAL REMEDIES AGAINST THE CONTRACTOR OR ANY OTHER PERSON OR ENTITY. THE INDEMNITY FOR THE ARCHITECT, THE ARCHITECT'S CONSULTANTS, AGENTS, AND EMPLOYEES DOES NOT EXTEND TO ANY INDEMNITY PROHIBITED BY SECTION 130.003 OF THE TEXAS CIVIL PRACTICE AND REMEDIES CODE. THIS INDEMNIFICATION PROVISION SHALL SURVIVE TERMINATION OF THE CONTRACT. 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 reasonable 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, arising out of, or in connection with the Contractor's work to be 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. Bonding requirements 1. 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 are 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 Proposal. 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 Proposal. This must be issued to the County within ten (10) days of the award of the Contract. General conditions 1. Responsibility of the contractor to leave building site in as good or better condition at building turn over. FACivillClient FilesICOURTHOUSE REMODEUSecond Mird Floor 10 Ballard Document I Vnl _ 15A Ply. (� 3 2. All unused material to be protected and stacked on dunnage for easy relocation by owner. 3. All permits are the responsibility of the owner. 4. Contractor is responsible for relocating all spoils to an area on site, in a location designated by the owner. 5. Contractor to be responsible for all safety reporting and compliance with governing regulations. 6. Trash removal is the responsibility of the contractor. 7. All labor, materials, equipment and other incidentals required to complete the Project. 8. Entire work contained in this proposal and plans will carry a minimum one (1) year warranty. 9. All testing will be the responsibility of the County. 10. Appointments can be scheduled Monday thru Friday, 8 am -5 pm Central Standard Time. The appointments are allowed to view the current conditions of the site and to field verify all necessary specifications to match those specified herein. Contact Tracy Stracener at 979 - 361-4292 to schedule an appointment Assignment, governing law, venue and notices A. This Contract shall be binding on the parties hereto, their successors, assigns and representatives. Neither Party shall assign any interest in this Agreement without the written consent of the other. B. This Contract shall be governed by and construed solely in decision of the State of Texas. C. This Contract shall be construed according to the laws of Texas; and Brazos County, Texas, shall be the exclusive venue for any litigation involving this Contract; D. All written notices to Owner by Contractor Manager shall be addressed to: Ms. Tracy Stracener Brazos County Assistant Purchasing Agent 200 South Texas Avenue, Suite 352 Bryan, Texas 77803 FACivil\Client Files\COURTHOUSE REMODEUSecond &Third Floor 11 Ballard Document E. Notice permitted or required by this Contract, shall be in writing and shall be deemed received when received in person or when placed, postage prepaid, in the United States mail, certified return receipt requested, and addressed to the part at the address set forth opposite their signature below. Either party may designate from time to time another and different address for receipt of notice by giving notice of such change of address. F. All written notices from Owner to Contractor shall be addressed as follows: Madison Construction, L.P. Mr. Michael R. Jones President P.O. Box 3787 Bryan, Texas 77805 -3787 1640 Briarcrest Drive, Suite 125 Bryan, Texas 77802 G. In the performance of this Agreement, Contractor shall occupy the status of an Independent Contractor, performing all Work without immediate direction or supervision by Owner. No provision of this Agreement shall be construed as making Contractor as agent of Owner. H. Paragraph headings are for convenience only and are not intended to expand or restrict the scope or substance of the provisions of this Contract. I. Should any term, covenant, condition, sentence, or paragraph of this Contract be found illegal, invalid, or unenforceable for any reason, such illegal, invalid, or unenforceable provision shall be severed from the remainder of this Contract and shall not affect the legality, validity, or enforceability of the remaining terms, covenants, conditions, sentences, or paragraphs of this Contract. J. This Contract represents the entire agreement between the parties hereto, superseding all oral or written previous and contemporaneous agreements between the parties and relating to the matters in this Contract, and except as provided herein cannot be modified without written agreement of the parties to be attached to and made a part of this Contract. K.. All parties represent that they have full capacity and authority to grant all rights and assume all obligations that they have granted and assumed under this Contract. Compliance with laws, nondiscrimination and federal funds A. The Contractor, its officers, consultants, agents, employees and the Trade Contractors shall comply with all applicable federal and state laws, and Ordinances of the County of Brazos, Texas, as amended, and with all applicable rules and regulations promulgated by all local, state and national boards, bureaus and agencies. B. As a condition of this Agreement, Contractor hereby covenants that it will take all necessary action to ensure that, in connection with any Work under this Contract, it will not discriminate in the treatment or employment of any individual or groups of individuals on the grounds of race, color, religion, national origin, age, sex, or handicap unrelated to job performance, either directly or indirectly or through contractual or other arrangements. In this regard, Contractor shall keep, retain and safeguard all records relating to this Agreement or FACMI \Client Files \COURTHOUSE REMODEL \Second &Third Floor 12 Ballard Document Vol. ) 'J ''� pg. Work performed hereunder for a minimum period of three (3) years from final Contract completion, full access allowed to authorized representatives of the County upon request of purpose of evaluating compliance with this and other provisions of the Agreement. Governing Law Contractor agrees to abide by the following laws and regulations (when applicable) and to make all records, invoices, materials, payrolls, records of personnel, conditions of employment and other documentary data available at any time for the purpose of an audit and to ensure compliance with relevant laws: 1) Equal Employment Opportunity: The Contractor shall not discriminate against any employee or applicant for employment on the basis of race, color, sex, religion, or national origin; 2) Title VI of the Civil Rights Act of 1964, as amended; 3) The Davis -Bacon Act (Wage Rate Determination attached); 4) The Contract Work Hours and Safety Standards Act; 5) Title I of the Housing and Community Development Act of 1974, as amended; 6) The Copeland Anti - Kickback Act; 7) The National Environmental Policy Act (NEPA); 8) additional citations as applicable. Conflict of Interest No person who is an employee, agent, consultant, officer, or elected or appointed official of Brazos County or other pertinent party may obtain a personal orfinancial interest or benefitform, or have an interest in, this contract or the proceeds hereunder, either for themselves or for those with whom they have family or business ties, during their tenure or for one year thereafter, if they exercise or have exercised any functions or responsibilities with respect to the program or are in a position to participate in a decision - making process or gain inside information with regard to the program. This Contract shall be construed under the laws of the State of Texas, with venue in Brazos County, and may be modified or amended only by a written instrument executed by both the Owner and the Contractor. a. All proposals shall be based on the drawings available from the Brazos County Purchasing Department. F:1Civil\Client Files\COURTHOUSE REMODELNSecond &Third Floor Ballard Document Pg. I A 13 b. Any suggested changes or substitutions shall be approved in writing priorto submitting your proposal. IN WITNESS WHEREOF, THE OWNER AND THE CONTRACTOR HAVE EXECUTED THIS CONTRACT AS OF THE DATE FIRST WRITTEN ABOVE. OWNER (Signature) CONTRACTO (ignature) Brazos County Iro /�/r1 Madison Construction, L.P. Duane Peters, Brazos County Judge Michael R. Jones. President (Printed name an title) (Printed name and title) ATI'EST: BY: Karen McQueen, Brazos County Clerk FACiviRClient FilesICOURTHOUSE REMODEUSecond &Third Floor Ballard Document J 14 Bid Continuation Sheet Bid Request No. 2091 -39 BRAZOS COUNTY, TEXAS Page 13 of 13 pages INVITATION TO BID 2011 -39 CARPE "r FOR COURTHOUSE SFCOND AND THIRD FLOOR BRAZOS COUNTY PURCHASING DEPART11ENT 200 S. Texas Avenue, Suite 352 Bid Request No. 2011 -39 Bryan, Texas 77803 Telephone (979) 3611 -4291 G. CERTIFICATION OF BID The undersigned affinns that they are duly authorized to execute this contract, that this bid has not been prepared in collusion N ith any other bidder, and that the contents of this bid have not been conununicated to any other bidder pr' r to the official opening of this bid, SIGNED BY: fG "� TYPED NAME: Michael R. Jones TITLE: President COMPANY NAME: Madison Construction, L.P. PHONE: 1979) zits_, 552Q_,_..___ _ MAILING ADDRESS: P.O. Box 3787 ?roan, Texas .._._._71805.._.... P.O. Box or Street City TX " Zip EMAIL ADDRESS: ojones _madison- consiruction,com EMPLOYER IDENTIFICATION NUMBER: 74- 2743961 CORPORATE SEAL IF SUBMITTED BY A CORPORATION END OF BID REQUEST NO. 2011 -39 By signing below, Brazos County agrees that this bid, 2011 -39, will be awarded as dictated on the associated bid tabulation sheet, to the vendor whose name appears above and both parties agree to the teens and conditions contained herein. Brazos County Conunissione.r's Court Date_ ! Attest Brazes County Clerk 1G2� f 13 Vol. 1J `A Pg. . ID, plc KNOW ALL MEN BY THESE PRESENTS, that we MADISON CONSTRUCTION, L.P_ as principal, hereinafter called the Principal, and SURETEG INSURANCE COMPANY, 9737 Great Hill Tail, Suite 320, Austin, TX 78759, as Surety, hereinafter called the Surety, are held and firmly bound unto BRAZOS COUNTY as Obligee, hereinafter called the Obligee, in the sum of Five Percent of the Greatest Amount Bid ( 5% ) for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the principal has submitted a bid for Brazos County Courthouse Finishes NOW, THEREFORE, if the contract be timely awarded to the Principal and the Principal shall within such time as specified in the bid, enter into a contract in writing or, in the event of the failure of the Principal to enter into such Contract, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount forwhich the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. PROVIDED, HOWEVER, neither Principal nor Surety shall be bound hereunder unless Obligee prior to execution of the final contract shall furnish evidence of financing in a manner and farm acceptable to Principal and Surety that financing has been firmly committed to cover the entire cost of the project. SIGNED, sealed and dated this 12th day of August , 2011 MADISON CONSTRUCTION, L.P. (Principal) BY: Michael R. ,Ion s TITLE: President SureTec Insurance Company Robbi Morales , Attorney -.in. Fact Vol. � 5a Pg, i a°► eon it: 4221097 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company "), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Lisa M. Bonnot, Robbi Morales, Jerry P. Rose, Don E. Cornell, Luke J. Nolan, Jr., Christine Davis, Ricardo J. Reyna, L. Ray Pitts, Jr. its true and lawful Attorney -in -fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for: Five Million and 001100 Dollars ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney -in -Fact may do in the premises. Said appointment shall continue in force until 1213112012 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice - President, any Assistant Vice - (resident, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s) -in -Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 2e of April, 1999) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 3rd day of September, A.D. 201 a 0. SURETEC INS E C PAPiY y�anrCF.: ,wC, X � t By, m{ W rDS John o Jr., resident pG 5 2 State of Texas ss: County of Harris - -° On this 3rd day of September, A.D. 2010 before me personally came John Knox Jr., to me known, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. JACQUELYN MALDONADO (� "" t3o ?ary Public, State of Texas acq elyn aldo ado, Notary Public ;;r »= My Commission Expires Ivy comrn on ex *6s s May 18, 2013 May 18, 2013. I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this 12th day of August 2011 M. Brent Beaty, Assistant Secretary Any instrument Issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call (713) 812 -0800 any business day between 8:00 am and 5:00 pm CST. 1 Vol. � J� ✓ � Pg.- SureTec Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Statutory Complaint Notice To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint at: 1- 866 -732 -0099 You may also write to the Surety at: SureTec Insurance Company 5000 Plaza on the lake, Suite 290 Austin, TX 78746 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1 -800- 252 -3439. You may write the Texas Department of Insurance at PO Box 149104 Austin, TX 78714-9104 Fax #: 512- 475 -1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. Important Notice Regarding Terrorism Risk Insurance Act of 2002 In accordance with the Terrorism Risk Insurance Act of 2002 (the 'Act's, this disclosure notice is provided for surety bonds on which one or more of the following companies is the issuing surety: SureTec Insurance Company, U. S. Specialty Insurance Company, and any other company that is added to SureTec Insurance Company for which surety business is underwritten by SureTec Insurance Company ( "Issuing Sureties "). The premium attributable to any bond coverage for "acts of terrorism" as defined in Section 102(1) of the Act is Zero Dollars ($0.00). The United States will reimburse the Issuing Sureties for ninety percent (90 %) of any covered losses from terrorist acts certified under the Act exceeding the applicable surety deductible. The actual coverage provided by your bond for acts of terrorism, as is true for all coverages, is limited by the terms; conditions, exclusions, penalties, limits, other provisions of your bond and the underlying contract, any endorsements to the bond and generally applicable rules of law. This Important Notice Regarding Terrorism Insurance Risk Act of 2002 is for informational purposes only and does not create coverage nor become a part or condition of the attached document. Exclusion of Liability for Mold, Mycotoxins, and Fungi The Bond to which this Rider is attached does not provide coverage for, and the surety thereon shall not be liable for, molds, living or dead fungi, bacteria, allergins, histamines, spores, hyphae, or mycotoxins, or their related products or parts, nor the remediatiion thereof, nor the consequences of their occurrence, existence, or appearance. Vol. C d, pg. 131 INVITATION TO BID 2011 -39 CARPET, PAINTING AND BLINDS FOR COURTHOUSE SECOND AND THIRD FLOORS BRAZOS COUNTY PURCHASING DEPARTMENT 200 S. Texas Avenue, Suite 352 Bid Request No. 2011 -39 Bryan, Texas 77803 Telephone (979) 361 -4291 Bids wilt be received, publicly opened and read aloud in the Brazos County Purchasing Department, Brazos County Administration, 200 S. Texas Ave. Suite 352, Bryan, Texas, at 2:00 p n. Thursday; August 18, :2011. There will be a Pre -Bid Conference and walk through at the Brazos County Courthouse 300 E 2610 St., Bryan, TX 77803 at 10:00 a.m. Fridav, Aumist 5, 2011 at the front entrance inside the Courthouse. A. SCOPE OF BID Brazos County is seeking bids from vendors to provide and install carpet, base and mini blinds and provide painting services for the Brazos County Courthouse Second and Third Floor per the Collowing teens, conditions, specifications, and attachments. B. CONDITIONS OF BIDDING The following instructions apply to all bids and become a part of terns and conditions of any bid submitted to the Brazos County Purchasing Department, 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: 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. SUB - CONTRACTOR - Any contractor hired by the Contractor or Supplier to furnish materials and services specified in this bid request. SUPPLIER. - Same as Contractor. 2. Upon acceptance and approval by the Conunissioners' Court, this bid effects a working contract between Brazos County and the successful bidder for the period designated. Bids must be received by the Purchasing Department prior to the time and date specified. The mere fact that the bid was dispatched will not be considered, the bidder must have the bid actually delivered. 5 al P;; 13 a Bid Continuation Sheet Bid Request No. 2011 -39 BRAZOS COUNTY, TEXAS Page 2 of 13 pages 4_ The County reserves the right to accept or reject in part or in whole, any bids submitted, and to waive any technicalities considered to be in the best interest of the County. 5. 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 wilt 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 proper signature employer identification number or social security number for the bid to be valid, 8. 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. Samples (if requested) e. Delivery /Project Completion f. References (if requested) L, . Brazos County's experience with products bid h. Vendor's past performance record with Brazos County Although the cost of products and services 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, but will award to vendor considered to be the best value to the County. If samples are requested, they are to be submitted to the County at the vendor's expense. Failure to submit requested samples may disqualify bid_ 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_ to. Bids must be submitted on this form and returned in an envelope with the Bid name and number on the front, Bids 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 the Brazos County Purchasing Department, it. Bidder must show full firm name, mailing address and telephone number and be manually signed by an authorized representative of the bidder. Firm name and authorized signature shall appear in each space provided. 12. It is our policy not to furnish bid results over the phone. For information regarding bid tabulations, please refer to the Brazos County Website (www.co.braf(Js.tX.us) to Department, to Purchasing, and to Bid Tabulation Sheet under Purchasing Menu. The results of this bid will be published on the website after Commissioner's Court approval of award. 13. Acceptance of merchandise, work, and/or equipment provided shall be trade by the County at the sole discretion of the Commissioners Court when all terms and conditions 2 Vol. I E A PQ. - - -1 3 Bid Continuation Sheet BRAZOS COUNTY, TEXAS C. Bid Request No. 2011 -39 Page 3 of 13 pages 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. 14. In the event of a needed change in the specifications, it is understood that all the foregoing terms shall apply to the addendum or addenda. 15. 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. 16. This agreement shall be governed by the Uniform Commercial Code as adopted in the State of Texas as effective and in force on the date of this agreement. 17. The Bid must specify the number of consecutive calendar days required to complete the project. SPECIAL PROVISIONS Contractors interested in obtaining a project manual and drawings should contact Fred Patterson, Patterson Architects, 701 South Texas Avenue, Bryan, TX 77803, voice 979- 775 -6036, fax 979 - 779 -0727, email designCpatarch.com. 2. Fill out the bid completely. identify the bid name and number on the outside and return it to the Brazos County Purchasing epartment Administration Building 200 South Texas Ave.. Suite 352, Bryan, Texas 77803 by 2:00 p.m. Thursday August 18 2011 The bid is invalid if it is not deposited at the designated location prior to the time and date advertised, or prior extension issued to the Contractors. 3. In addition to the County's bid form, all bids shall be accompanied by a Contractors Qualification Statement (AIA Document A -305 or equal) listing five (5) representative projects with the owner and Architects contact information to include company name, contact, phone number and email address. References shall be for comparable series in size and scope and have been personned in the last 5 years. 4. During the evaluation process, Brazos County reserves the right, in the best interest of the County, to request additional information or clarification from Contractors. 5. The contract shall be awarded to the responsible Contractor whose bid is determined to be the best evaluated offer. 6. All bids reasonably susceptible to being selected will be given fair and equal consideration, and discussions may be conducted with these Contractors 7. Bidder's response to this bid should be clear and concise addressing all requirements listed above and any other factors not specifically mentioned which would be advantageous to Brazos County, & Performance Standards: All services contracted herein shall be done in a courteous and orderly manner. All Contractor personnel shall be appropriately dressed at all times while on the property. 3 Vol. 15 a- pg. 13+ Bid Continuation Sheet Bid Request No. 2011 -39 BRAZOS COUNTY, TEXAS Page 4 of 13 pages 2. The personnel performing the services contracted herein shall be under the sole responsibility and the employ of the Contractor. 3- All materials and equipment brought to the site are full responsibility and liability of the Contractor until removed from the site as required. 4. Unless otherwise specifically noted, the Contractor shall provide and pay for all labor, materials, equipment, tools, transportation, and other facilities and services necessary for the proper execution and completion of the work herein contracted to be done. 5. The Contractor shall give all notices and comply with all laws, ordinances, rules, regulations, and order of any public authority in connection with the perfonnance of the work herein to be done. 6. The Contractor shall be responsible for initiating, maintaining and supervising appropriate safety precautions and programs in connection with the work herein contracted to be done. The Contractor shall take all reasonable precautions for safety of, and shall provide all reasonable protection to prevent damage, injury or loss to: (1) all employees on the project and other persons who may be affected thereby, (2) the project and all materials and equipment to be incorporated therein, and (3) other property at the site or adjacent thereto. T Contractor will be responsible for immediate notification of all damage to the property by the Contractor or its representative(s). 8. All work by vendor shall be performed on Monday through Friday bet\veen the hours of 8:00 a.m. and 5:00 p.m., unless otherwise specified or agreed upon, and only on working days observed by Brazos County. D. SPECIFICATIONS Vendor shall provide the following products and services to the second and third floor of the Brazos County Courthouse. See project manual and drawing for additional specifications. Work to include all labor, materials, equipment, incidentals and perfonnance of all operations necessary to complete work listed. CARPET (section 09 68 00 of project manual) Carpet "A" -- Milliken, Collection: "Brazos ", Design: T03WL41LT- A10004 Vendor responsibilities include but are not limited to include but is not limited to: 1. Verify all dimensions and conditions at the site. 2. Installation of all carpet floor coverings. 3. All moldings, fasteners, adhesives, tapes, and incidentals as necessary to complete carnet work. 4. Preparation of surfaces to receive carpet. 5. Demo and dispose of existing carpet at areas where new flooring is to be installed. BASE (section 09 65 00 of project manual) 4 Bid Continuation Sheet Bid Request No. 2011 -39 BRAZOS COUNTY, TEXAS Page 5 of 13 pages 1 /8" thick x 4" high x 120 ft. coil, of standard coved 100% SRR rubber base. Vendor responsibilities include but are not limited to include but is not limited to: 1. Rubber base. 2. Flooring accessories. 3. Cleaning or stripping existing concrete slab. Paint (section 09 91 00 of project manual) Use specified materials of Sherwin - Williams or similar first line material of one of the following manufacturers and as approved by the Architect. Vendor responsibilities include but are not limited to include but is not limited to: Prepare all surfaces to be painted. Gypsum board: float all gypsum board walls with existing vinyl wail covering and paint gypsum board as indicated on Room Finish Schedule. Metal door frames: Paint all ferrous metal door frames, including access doors. Blinds (section 12 21 13 of project manual) Acceptable manufacturers: 1. Levolor Corporation. 2, Hunter Douglas, Inc. Vendor responsibilities include but are not limited to include but is not limited to: Horizontal slat blinds. Blind accessories. E. INSURANCE 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 work 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. Cotmnercial General Liability Policy b. Automobile Liability Policy C. Worker's Compensation Policy S Vol. l 5 ;L, Pg. 1362 Bid Continuation Sheet BRAZOS COUNTY, TEXAS General Requirements applicable to all policies: Bid Request No. 2011 -39 Page 6 of 13 pages 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. All insurance policies shall be furnished to Brazos County upon request. COMMERCIAL GENERAL LIABILITY a. General Liability insurance shall be written by carrier with an A: V111 or better rating in accordance with the current Best Key Rating guide. b. Minimum Combined Single Limit of SI,000,000.00 per occurrence for bodily injury and property damage. C. No coverage shall be deleted from the standard policy without notification of individual exclusions being attached for review and acceptance.. L Excess Liability Umbrella Policy in the amount of not less than $2,000,000.00 will be provided at the Contractors expense. 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 property damage. BUILDERS RISK Brazos County will provide a builders risk policy at its own expense to cover the cost of materials delivered and labor performed. 4. WORKER'S COMPENSATION INSURANCE Pursuant to the requirements set forth in Titre 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 marst 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. Ernployer's Liability limits of $500,000.00 for each accident is required. v.14 Bid Continuation Sheet Bid Request No. 2011 -39 BRAZOS COUNTY, TEXAS Page 7 of 13 pages b. "Texas Waiver of Our Right to Recover from Others Endorsement" shall he included in this policy. (Waiver of Subrogation) Pursuant to the explicit terms of Title 28, Section 1 10.1 10 (c) (7) of the Texas Administrative Code, the bid specifications, this Agreement, and all subcontracts on this Project must include the following terms and conditions in the following language, without any additional words or chances, except those required to acconunodate the specific document in which they are contained or to impose stricter standards of documentation: A. Definitions: ('ertif'icate of coverage Ccertiiic'ate ") - A copy of a certificate of insurance, a certificate of authority to .self - insure issued by the Texas bYorker's Compens itioir Commission, or a coverage agreement )TII'CC -81), TJ- VCC -83, or Ti6'CC -84), showing statrtiog worker's compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Dur abort of the projeci - includes the lime fi'oai the beginning of the it ork on the project until the C'ontractor'siperson's rsork on the project has been completed and accepted bY the oovernlnental entity. Persons providirra services_ort the project ( "subcontractors " in section 406.096 {ol' the Texas Labor Code,') - includes all persons or entities performing, all or part (�' the sere ices the Contractor has undertaken to perform on the protect, regardless of whether- that person has employees. This includes, rvrthozit limitation, independent Contractors, subcontractors, leasing companies, motor carriers, owner-- operators, employees of any such entity or eniploree.s oj'anr enitt -v nhich furnishes persons to provide ser0ces on the project. "Services , include, withow hnritotion, providing, hauling, or delh,ering equipntew nr nzarer•ials, or providing tabor, transportation, or other service related to a project. "Services" (foes not include activities unrelated to the project, such a,s food %bet erage vendors, of srrppli deliveries, and delivers of portable toilets. B. The Contractor shall provide coverage, based on the proper reporting of classification codes and puvroll amounts and fling of any coverage agreements, that nteers the stotutort, requirements of Teas Labor Code, Section 401.011 (44) for all employees of'the Contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate oj'coverage to the governmental entity prior to being awarded the contract. D. It the coverage period shown on the Contrac'tor's current certificate of coverage ends during the duration of the project, the Contractor rtnrsi, prior to the end of the coverage period file a new certificate of coverage with the governmental entity showing that - coverage has been e_t-tended. E. The Contractor shall obtain fr•oin each person providing .services on a prgjecl, and provide to the graver- rrrrtental entity. (1) a certificate oj' 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 coverage showing coverage for all person; and 7 voi. 5 �k pg. 139 Bid Continuation Sheet BRAZOS COUNTY, TEXAS Bid Request No, 2011 -39 Page 8 of 13 pages (?) no later than seven calendar dais after receipt by the Contractor, a nesw certificate rif coverage shoiving extension of coverage, if the coverage period shown on the current certifcole of coverage ends daring the duration of the project. F. The Contractor shall retain all required certi icales of coverage fbr the duration of the project and for one year lher•eafter. G. The Contractor shall notij , the governmental entity in writing by cerlt ed mail or personal deliver},, within 10 calendar- da}s after the Contractor knew or should have kno)vn, or change that rnaterially affects the provision of coverage orany person providing services on the project. H. The Conlraelor shall post on each project site a notice, it? the test, ,form and manner prescribed by the Texas [Yorkers' Comper7s•ation canrmission, irifor-n7ing all persons providing services on the project that the al v are required to he covered, and slating how a person me ver- (y coverage and report lack of cover -age. The Contractor shall contractually require each person with whom it contracts to prom(., .services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll alnolmis and filing of any cove)-crde agreement, thot meets the statutory requirements of Texas labor Code, Seclion 401.011 (44) jor all of its employees providing services on the project, ,for the duration of the project, (') provide to the Contractor. prior to that person beginning ivor•k on the project, ar certificate oj'coverage showing that col erage is being provided for all emplui ees of the person pry» idin; .sere ices on the pre ject, for the duration of the project; (3) provide the Contractor. prior- to the end of the coverage period, a new certificate or coverage showing extension of Coverage, J the coverage period shown on the current ceroflcote of coverage ends daring the duration oj'the project. (4) obtainf -om each other person with whom it contracts, and provide to the Contractor: (a) a certificate of coverage, prior to the other person beginning work 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; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter-; (6) nolify 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 dial materially affects the provision of coverage ref 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. 8 Vot..� pg. 1 Bid Continuation Sheet Bid Request No. 2011.39 BRAZOS COUNTY, TEXAS Page 9 of 13 pages J By signing this contract, or providing, or cataing to be provided a certificate of coverage, the Contractor" ii.-ho 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 ,sill be filed with the riupropr ~iate insurance carrier, or, in the case of a .self - insurer', ivith the Comrnrs.sion's Division of Sel/4nsuronce regulation. Providing false or misleading information mov subject the Contractor to acTnrinistrative penalties, criminal penalties. civil penalties, or other civil actions. 5. CERTIFICATES OF INSURANCE Certificates 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. 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 ]SO. C. All endorsements and insurance coverage according to requirements and instructions contained herein. d. The fonn of the notice of cancellation. termination, or c han-e in coverage provisions to Brazos County. 4 e. Original endorsements affecting coverage required by the section shall be furnished with the certificates of insurance. F. ADDITIONAL, TERMS AND CONDITIONS COMPLIANCE WITH LAW The Contractor's work and materials shall comply xvith all state and federal laws, municipal ordinances, regulations, and directions of inspectors appointed by proper municipal authorities havinft 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. 2. SAFETY PRECAUTIONS Safety precautions at the site are a part of the construction techniques and processes for which the Contractor shall be solely responsible. The Contractor is solely responsible for handling and use of 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 "Attu.: Assistant Chief'. The Contractor has the sole obligation to protect or warn any individual of potential hazards created by the performance of the work set forth herein. The Contractor shall, at its' own 9 VOL ! 5 pa, I `�o Bid Continuation Sheet BRAZOS COUNTY, TEXAS Bid Request No. 2011 -39 Page 10 of 13 pages 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 wane 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 irrunediately be replaced or compensated for by the Contractor at its own cost and expense. INDEMNITY To the fullest extent permitted by law, the Contractor agrees to and shall inderrunify, hold harmless, and defend the County, its officers, agents, and employers form and against any and all claims, losses, damagcs, 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 work done by the Contractor under this Contract, provided that any such claim, loss, damage, cause of action, suit or liability is caused in whole or in part by an act or omission of the Contractor, any subcontractor, or any person, organization directly or indirectly employed by arry of then: to perform or furnish work on the Project. This indemnity shall apply regardless of 'whether such injuries, death, darnaaes, 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: In the event the County is damaged due to the act, omission, mistake, fault or default of (lie Contractor, then the Contractor shall indennify and hold harmless and defend the County for such damage. 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 and all injuries to or claims to 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. 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 workine environment, no matter where fault or responsibility lies. The indemnifcation 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 �a Vol. pg- Bid Continuation Sheet BRAZOS COUNTY, TEXAS Bid Request No, 2011.39 Page 11 of 13 pages employees of any of them arising out of (1) the preparation or approval of maps, drawings, opinions, reports, surveys, change orders, designs or specifications, 2 ing of or the failure to give directions or instructions by the professional engineer, the architect, their consultants, and agents and employees of any of there, provided such giving or failure to give is tite primary cause of the injury or damage. RELEASE The Contractor assumes full responsibility for Elie 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 datnage 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 to be 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 theta to perform or furnish work- on the project, this release shall apply regardless of whether such injury, death, loss, or damage was caused in Miole or in part by the negligence of the County. BONDING REQUIREMENTS All bidders must submit, N ith bid, a cashier's check or certified check for at least five percent of the fatal bid price. payable to the order of Brazos Cotnit }' or a Bid Bond in the same amount issued by a surety, acceptable to Brazos County, authorized to do business in the State of Texas, as a guarantee that the Bidder will do the work described herein at the rates stated herein. Unsuccessful bidder's Cashier's Check or Certified Check will be returned after a written request to do so has been rcceired by the Purchasing Agent. The successful bidder must provide to the Purchasing Department, a performance band and a payment body, each in the amount of 100°% if the total contract sum within ten (10) calendar days after receipt of notification of bid award. Such bonds shall be executed by a corporate surety duly authorized and admitted to do business in the State of Texas and licensed in the State of Texas to issue surety bonds with a Best Rating "A" or better - BRAZOS COUNTY RESERVES THE RIGHT TO ACCEPT OR REJECT ANY SURETY COMPANY PROPOSED BY THE BIDDER. IN THE EVENT BRAZOS REJECTS THE PROPOSED SURETY CON40PANY THE BIDDER WILL BE AFFORDED FIVE (5) ADDITIONAL DAYS TO SUBMIT THE REQUIRED BONDS ISSUED BY A SURETY COMPANY ACCEPTABLE TO BRAZOS COUNTY. 11 ��,� pg_ Sid Continuation Sheet BRAZOS COUNTY, TEXAS Bid Request No, 2011 -39 Page 12 of 13 pages QUOTATIONS (This section must be completed in its entirety.) I . Total amount for carnet and installation 00 2. Total amount for base and installation_ry� f� 3. Total amount for painting 4. Total amount for Blinds � w 72,7— 2 C" S. TOTAL COST ! +,35 Calendar days to complete project '!r 12 VOl. 15 Pg. ► _ T� - .~ }ti Brazos County Purchasing g epartment 200 SOLMI TEXAS AVE SUITE 352 BRYAN, TX 77803 PHONE (979) 361 -4290 FAX (974) 351 -4293 Addendum #1 to 2011 -39 Carpet, Painting, and Blinds for Courthouse Second. and 'Third Floors lssrted: August 4, 2011 Reason: Completion Dates and Additional Item CALENDAR DAYS TO COMPLEVON: State number of calendar days to compietc project Phase I M r-6, jq 4 PA-(c3 Phase 11 l ✓S -r, 600 1 � Q5 l OJE, - �W- l ALTERNATES: Alternate No. 1 - Painting District Attorney Office State dollar amount to be added to the base bid and the number of additional days needed for completion for furnishing additional material and labor to paint the District Attorney Office, Cast for additional paining of DA office Number of additional days for completion IJD "0 (-i f UAI26�- PAP This addendum should be signed by an authorized representative of the respondent and returned with the bid documents as specified in the bid. Acknowledgement of Addendum, '7j/0M, Signature: Printed Name: Michael R Jones, P ident Vol. _J�` pg• Brazos County Purchasing Department 200 SOUTH TEXAS AVE SUITE 352 BRYAN, TX 77803 PHONE (979) 361.4290 FAX (979) 361 -4293 Addendum #2 to 2011 -39 Carpet, Painting, and Blinds for Courthouse Second and Third Floors Issued: August 15, 201.1 Reason: Completion. Date and Additional Item ALTERNATES: Alternate No. 2 — Revisions to District Attorney Suite State dollar amount to be added to the base bid and the number of additional days needed for completion. for furnishing additional material and labor to make revisions to the District Attorney Suite. (? o Cost for additional revisions of DA Suite , - "`1� J ©p• r Number of additional days for completion © iP'4 YS This addendum should be signed by an authorized representative of the respondent and returned with the bid documents as specified in the bid. Acknowledgement of Addendum: Signature: Printed Name: Michael R Jones Pre dent Vol._ I 5a Pg. I T5 3 / .� � Q) / cu / CL u CC: mi � 0 t \ / \ 5 m « vO. ) � pg. I '�� ] S @ \ � � $ � v . ) ! � ` § a / \ } { \ ) \ © \ k :k — �f * 2 { § t . f � ) \ �} / T ov vO. ) � pg. I '�� Sav--AIA TM Document A305 -1986 Contractor's Qualification Statement The Undersigned certifies under oath that the information provided herein is true and sufficiently complete so as not to be misleading. SUBMITTED TO: Brazos County Administration Building ADDRESS: 200 South Texas Avenue, Suite 352 Bryan, Texas 77803 SUBMITTED BY: Madison Construction, L.P. NAME: Mr. Michael R. Jones President ADDRESS: P.O. Box 3787 Bryan, Texas 77805 -3787 PRINCIPAL OFFICE: 1640 Briarcrest Drive, Suite 125 ❑ Corporation Bryan, Texas 77802 ■ Partnership ❑ individual ❑ Joint Venture ❑ Other NAME OF PROJECT: (If applicable) TYPE OF WORK: (File a separate form for each Classification of Work.) ■ General Construction ❑ HVAC ❑ Electrical ❑ Plumbing ❑ Other: (Specify) § 1.D ORGANIZATION § 1.1 How many years has your organization been in business as a Contractor? 16 years This form is approved and recommended by the American Institute of Architects (AIA) and The Associated General Contractors of America (AGC) for use in evaluating the qualifications of contractors. No endorsement of the submitting party or verification of the information is made by AIA or AGC. AIA Document A3051" —1986. Copyright © 1964, 1969, 1979 and 1986 by The American Institute of Architects. All rights reserved. WARNING: This AIA` Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Ale Document, � or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyrlghtc@ala.org. 1:04 c ,1®1, _._ I 5) pg. 141 § 1.6 1 IF the form of your organization is other than those listed above, describe it and name the principals: § 2.0 LICENSING § 2.1 List jurisdictions and trade categories in which your organization is legally qualified to do business, and indicate registration or license numbers, if applicable. § 2.2 List jurisdictions in which your organization's partnership or trade name is filed. § 3.0 EXPERIENCE § 3.1 List the categories of work that your organization normally performs with its own forces. Concrete work Miscellaneous steel work Structural earthwork Drywall Carpentry work § 3.2 Claims and Suits (If the answer to any of the questions below is yes, attach details.) § 3,2.1 Has your organization ever failed to complete any work awarded to it? No § 3.2.2 Are there any judgments, claims, arbitration proceedings or suits pending or outstanding against your organization or its officers? No § 32.3 Has your organization filed any law suits or requested arbitration with regard to construction contracts within the last five years? No § 3.3 Within the last five years, has any officer or principal of your organization ever been an officer or principal of another organization when it failed to complete a. construction contract? (If the answer is yes, attach details.) ZIT, § 3.4 On a. separate sheet, list major construction projects your organization has in progress, giving the name of project, owner, architect, contract amount, percent complete and scheduled completion date. § 3,4.1 State total worth of work in progress and under contract: $1 2,300,000.00 AIA Document A305TM — 1986. Copyright 01964, 1959, 1979 and 1986 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the taw. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Documenis, e-mail The American Institute of Architects' legal counsel, copyright @aia.org. 3 § 5.1.2 Name and address of firm preparing attached financial statement, and date thereof' § 5.13 Is the attached financial statement for the identical organization narned on page one? § 5.1.4 If not, explain the relationship and financial responsibility of the organization whose financial statement is provided (e.g., parent - subsidiary). § 51 Will the organization whose financial statement is attached act as guarantor of the contract for construction? § 6.0 SIGNATURE § 6.1 Dated this Eighteenth day of August 20 11. Name of organization: Madison Construction, L.P. By: 1 Wi*es Title: President § 6.2 Mr. Michael R. Jones being duly sworn deposes and says that the information provided herein is true and sufficiently complete so as not to be misleading. Subscribed and sworn before me this Eighteenth day of August 2011. Notary Public: Sharon K. Palk. • •�. j�� ''! STATE OF tEIU�S My commission expires: 3/19/2012 `�CR .' =.rte` ' .•,�r Yp Conrtn+h�imw sfgntl_�1r1 CAUTION: You should sign an original AIA Contract Document, on which this text appears it changes will not be obscured. AIA Document A305TM — 1986. Copyright 0 1964, 1969, 1979 and 1986 by The American Instflute of Architects. All rights reserved. WARNING: This AIA' is protected by U.S. Copyright Law and International Treaties, Unauthorized reproduction or distribution of this AIA``' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Documents, e-mail The American Institule of Architects' legal counsel, copyright @aia.org. Vol. ._I_J� P9•—.L1�9 Ln V1 Ql L O L 0. C vi om. t! A) a CL c O V D f.. O U D 2 (y) IN c O v 3 tA c O U O ►i IT 00 n co O N O N O N CD N N CD N ON ~ O to t0 ba i _T 0 c q 0 C g ° o ° 0 O O O m c .ti m C D S] W m o m a cc y o n m m m G ID ID L6 It n ti °m `o m n C n n �i � m Ch h m m m d n m aA m r rn d h e e v m G r c ro V C Q a aj o2i J o I o C C 2 ` U .. C O O v 0 o O C a C 3 a� + E a a. C i7 m L E. Y y� Z K 0 o m O � ti lD m N c-I N r1 N V O �f O tJ' N m co f- w (y NN pmp � N n V 00 00 V- T iD m N h C w h m T � O Ln O v v E E C p O U L m W a Q t C O m m Q. y O u ro �u m ro C� l7 0 nyi U a u u d iL C .p V A O v a c r. OJ N V N I„I li U C.J b 7D v m U m m � r o u Q ate. ro x Q cr — a tJ v"i d N m a C _ x a u > u m E CL C a a oy C o v h E o a a v o C w = v o 4 0 -C ro 7 E op C - u 7 u j y — t c a - a a — o y 0 > vu 0 m l9 Qj O a a w y Z N N m G v m m Ln Z a LM a. c 0 aka 0 0 M" CL E 0 u 0 C: .2 0 U r_ 0 ro ►l \70L --J � Pg. I El .. . . . ........ �e 3. ZZ 4:; 10 Ir m -W Ot r1 lb t5 LD U ja Z2 Z z E E co cL \70L --J � Pg. I El L +-J v C1 .O CL i L C U V O W i E O V L rn Q U L C V C bO Vol. I 6A pg. 15 0 a O a� vt N m ae M N a Vi a° O M ae N a U� ae ae P r Q x Q ae v a Ol a°' N I E o � g o N 0 o N S o ❑r o ❑ o o N a o N 0 C T O j V N C 00 N uD N N N d L N O O N OI CT G Z d f1 Q d LL Z Z ❑ �C 4 G 7 Q O O C O •� O C C S O S C 1�' O � tD N N N N ^I O O O n D .D O m n vY n N V1 N N N N N •i �°- C !� O YY u1 VY 4/t Vi 5A to VT +/t N +A ih n C u�V O 10 ❑ m M O m h n ci v O1 C Di C M O1 Vdi C1 � � P a � ate+ W ap N o0 N � VI LFl vi5 trill llf U1 C ° �• �•, 3 Y d d c m v E E o u o u x m 7 m c c c m c m la c m c m c c c � O O N O c O c D d` 3 � � ml o s c r N vI a m J I O O pO pSi M pa N N N O � d N r4 � � � N N � O O O 00 I^• f� C ch n r I .c m u m m y ` Oi p i p I q � ao � y l') 0 l� a v L U U c I A f v � C I > — y ❑ ❑ v i m m c w e °n u m m ai c o o o ro c E U n a 'q m q v o m > j O m y d c`� y a m m O C o u N N '^ > 2 Y ° t a w E a u d ¢ v u u I. d E o a E o E E t7 l7 n o c > jl d d it d u m m d J m a m m N pp C C o o u_ � y v m U o a o m r d o O Vol. I 6A pg. 15 0 vs V QJ .O C O eU L C 0 O +rte' W tQ V ry O Y V s.. C O R7 PE� �lol. pg. `� ._ m �n n rni, m N H H I � a C p N O N O O O O d O 0 O O O ry zo z rp D P O Q O � P O P O O a pO C O a o O o V �- '� c c m c c v v t a C7 l7 � r ym a a v a a 1O u p x w z t c c u c c Qa oa z w oC tK p s m P Q p V 4 n N N ip co n N M m T G L T T O� 01 a a r C W E G Y E E E J a U G 4f z L C K N — - c0 Oa v d N O > O O _ U" O O iC d `m O a W °J —_ 6 r m L U OI VL1 O � O A n a a a p a1 E E p C Lau g g ¢ a a � v N a ca D t c 0 C C Q C J D f d m « R O N N V U 1O a M n y > c :-j� v a o a+ of d o c w N ..� y :3 F3 d o o o z m W 0 E po E d ¢ T to cc a E m y G d a ¢ I �lol. pg. `� ._ ■ ■■ NTM MADISON CONSTRUCTION, L.P. CONTRACTOR'S FINANCIAL RESOURCES INFORNIATICN Madison Construction, L.P. Bryan, Texas Attachment: Madison Construction, L.P-'s Unaudited financial Statement dated September 30, 2010, Notes: 1) Madison's unaudited financial statement is attached. When reviewing these statements, please understand that Madison Construction, L.P. is a wholly owned subsidiary of The Adam Corporatior.!Group. All cash for Madison Construction, L.P. is managed at the corporate level. 2) Madison's bonding company Sure -Tec does not require audited financial statements of Madison Construction, L.P. for bonding, thus Madison does not have an audited financial statement. 3) 1 have also attached a letter from Madison's bonding agent AON Risk Services outlining Madison's bonding capacity. Please contact me if you have any questions concerning Madison's financial ability and I «rill be provide information to answer any questions you may have. Thank you for your consideration for this project. Sincerely, MADISON CONSTRUCTION, L.P. Michael R. Jones President 1640 Briarcrest Drive - Suite 125 - Bryan, Texas 77802 P.C. Box 3787 • Bryan, Texas 77805 -3787 FAX 979- 268.6022 979 -268 -5520 Madison Construction, L.P. Statement of Financial Conditions (unaudited) As of September 30, 2010 Assets Cash $ 457 Receivables 4,038,811 Net fixed assets 12,425 Prepaid expense 4,914 $ 4,056,607 Liabilities Current liabilities $ 2,139,654 Equity 1,916,953 $ 4,056,607 Vol. (, 5A pg. 15 .5- Madison Construction, L.P. Statement of Op.eratio.w(unaudi(ed) For the Year Ended September 30, 2010 Sales $ 20,863,669 Cost of goods sold (19,741,306) Gross profit 1,122,363 Expenses Compensation 206,422 Occupancy 86,987 Depreciation 20,066 Transportation 1,179 Professional fees 25,899 Property tax 6,000 Insurance 41,618 Other expenses 93,642 Total expenses 481,813 Net Income $ 640,550 Vol. 1 51; pg. 15(p. dl Madison Construction, L.P. Statement of Cash Fiows (unaudited) For the Year Ended September 30, 2010 Cash flows from operating activities Net income $ 640,550 Adjustments to reconcile income to net cash (used) provided In operating activities: Depreciation and amortization of: Premises and equipment 20,066 Decrease in receivables 340,161 Increase other assets (208) Decrease in payables (771,647 Net cash provided In operating activities 228,922 Cash flows from financing activities Return of capital /cash dividend (332,363) Net Cash used in financing activities (332,383) Decrease in cash and cash equivalents (103,461) Cash and cash equivalents at beginning of year 103,918 Cash and cash equivalents at end of year $ 457 Voh 15d) pg. 16 -7 on MADISON MYNCONSTRUCTION, E.P. Donald A. Adam Chief Executive Officer Principal adam@adamcarporation.com Key Individuals Businessman, banker, developer, and entrepreneur, Mr. Adam established Madison Construction, L.P. in 1995. Mr. Adam sought experienced construction industry executives to establish a lasting construction business committed to providing the industry and its clients with project performance, project quality and lasting value. Mr. Adam is involved in the financial aspects of the company and is committed to leading Madison into the future. Michael R. Jones President mrjones @madison- construction.com Mr. Jones graduated from Texas A &M University in 1976 with a Bachelor of Science in Building Construction. His 35 years of construction experience provides Madison Construction, LP. the ability and confidence to build any construction project. Mr. !ones is involved in general oversight during all phases of Madison Construction's projects. He believes the best projects are constructed with a team of individuals including the owner, designers, and contractors. He is dedicated to providing Madison's clients and their architects with the best construction management and final construction product by staffing projects with experienced individuals. Communication with clients and their architects, and listening to understand their needs results in the best construction product. Matra $yinwol;t Vice President — Field Operations msynwolt@madison-construction.com Mr. Synwolt's 32 years of experience in construction industry coordination and management places Madison in the position to provide its clients with timely and quality construction. A 1974 graduate of Texas A &M University, Marq has completed numerous projects in the Bryan - College Station and Houston area. His ability to manage the construction process and the people involved is excellent. lolly Quimby Vice President— Senior Estimator jodyL@madison-construction.com Graduating from Texas A &M University in 1977, Mr. Quimby has spent the last 34 years in all facets of the construction business including cost estimating, conceptual estimating, project management, and project quality control. Because of his multiple construction discipline experience, Mr. Quimby is invaluable to understanding and determining construction cost. J. Ray P'avainella Senior Project Executive jrp@madison-construction.com A 1971 graduate of Texas A &M University, Mr. Patranella's experience includes managing a commercial and industrial division of a medium size general contractor (R.B. Butler), owning a general contracting business (LPL Construction), and estimating and currently managing projects for Madison Construction, LP. for eleven years. He has the knowledge and experience that every project deserves. Mr. Patranella personifies Madison's policy of customer service. WNW. 1 � � �Pg. l 5 Vol. 't �J Pg. 0C>< =CDc" 000 kn ooc CA rn o ON oo 0 00 -� m d O � O w V a a A Q A C> ° b W U a O Q M 43 N O A oi V •� O O O O p `fl o N O `t O *�� O Rai O v i N oo 00 e� cJ N 0000 000 It 4 '1= ci D O A U A69 bA b4 b4 l6q 6A b+4 6,q F Qn •� °U � °U V] U C ° ice+ O � � � � � � 'd p��, 'd C • b W Ualci,p4FU Cd dp-,U dwU Floz Vol. 't �J Pg. Vol. ti � pg. 160 °o °o °o `n °o a °o o° o° CD o �6 o ri oo r: a 0� 00 Lf) 00 � O N O N V-1 o0 .� 00 �0 v� kr - .--< 00 op M M o o d w � b Hfpq A�oq Vil 609� 4�-Oq A CD o M V3 U] �. c 0 to a O c ... O a c H c V) raq W V O 0 O O O 0 O vl N 00 D v; o EO w Q1 N D O 0 0 00 N o N O� �z � a A V A6q 6-S GIs 6,C) � 6 6S [� o W -C4 ° U U LT «i w ° w Q 6 v cd O A C13 cz a -b s'�, E '+ it a H U R, U U H O �4 U = = d Q; P4 Vol. ti � pg. 160 N ON MADISON CON5TRUCTION, L.P. October 6, 2011 Honorable Judge Duane Peters Brazos County Judge County of Brazos 200 South Texas Ave Bryan, Texas 77802 RE: PROPOSAL ASSOCIATED WITH EXCESSIVE FLOOR PREP FOR PHASE I AND II BRAZOS COU NTY COURTHOUSE PROJECT LOCATED AT 300 EAST 26TH STREET, BRYAN, TEXAS Dear Judge Peters: We appreciate the opportunity to submit a proposal for excessive floor prep due to unforeseen existing slab conditions. The following are proposal clarifications with specific inclusions and exclusions: 1. Provide and install 182 bags of Featherlite floor prep in the Phase I and II, 1" floor area, due to the poor condition of the existing slab. The existing slab had existing floor prep that had broken loose and had to be replaced. This existing condition of the slab was not evident due to the fact that it was covered with existing carpet and VCT flooring. 2. Work is to be performed during normal business hours (Monday — Friday, lam — 3:30pm). Madison Construction excludes any overtime or after -hours work. 3. Asbestos investigation or abatement is not included in this scope of work. The cost to complete this scope of work is seven thousand six hundred and forty -four dollars ($7,644). Please let me know if you have any questions or comments. Sincerely, MADISON CONSTTRRU/UCTION, L.P. Project Manager Vol. ) � a Pg. / 61 No MADISON CONSTRUCTION, L.P. October 4, 2011 Honorable Judge Duane Peters Brazos County Judge County of Brazos 200 South Texas Ave Bryan, Texas 77802 RE: PROPOSAL ASSOCIATED WITH A CREDIT FROM CARPET MANUFACTURER FOR THE 2ND AND 3RD FLOOR FINISHES PROJECTAT THE BRAZOS COUNTY COURTHOUSE LOCATED AT 300 EAST 26TH STREET, BRYAN, TEXAS Dear Judge Peters: We appreciate the opportunity to submit a credit from the carpet manufacturer for the carpet that is to be supplied for the 2 "d and 3`d Floor Finishes project. The following are proposal clarifications with specific inclusions and exclusions: 1. Milliken (carpet manufacturer) is offering Kellen Commercial Interiors, and in turn Brazos County, a credit for the carpet that is to be supplied for the 2nd and 3'd Floor Finishes project. This credit is contingent upon ordering all carpet included in pending projects (Phase III project and 2 "d /3 d Floor Finishes project) and proposals (Carpet at 3'd Floor Stair Landing) at the same time. Z. Work is to be performed during normal business hours (Monday— Friday, 7am — 3:30pm). Madison Construction excludes any overtime or after -hours work. 3. Asbestos investigation or abatement is not included in this scope of work. The credit associated with this proposal is one thousand five hundred dollars (- $1,500). Please let me know if you have any questions or comments. Sincerely, MADISON CONSTRUCTION, L.P. Project Manager Vol. I Q P9_ I `p(' 0 ■o or MMISON CONSTRUCTION, L.P. October 4, 2011 Honorable Judge Duane Peters Brazos County Judge County of Brazos 200 South Texas Ave Bryan, Texas 77802 RE: PROPOSAL ASSOCIATED WITH INSTALLING NEW CARPET AT THE 3RD FLOOR STAIR LANDING ON THE PHASE I AND II BRAZOS COUNTY COURTHOUSE PROJECT LOCATED AT 300 EAST 26TH STREET, BRYAN, TEXAS Dear Judge Peters: We appreciate the opportunity to submit a proposal to install new carpet at the 3`d floor stair landing per the request of Brazos County. The following are proposal clarifications with specific inclusions and exclusions: 1. Per an email from Charles Wendt dated September 30, 2011, Madison Construction submits this proposal to provide and install new Milliken Simply That carpet the (Color 308 Exhibit), Roppe 4 cove rubber base (Color to be determined by Patterson Architect), three pieces of transition strips and two bags of floor prep at the 3`d floor stairwell landing. 2. Removal of the existing carpet will be performed by the asbestos abatement company. 3. Work is to be performed during normal business hours (Monday — Friday, lam — 3:30pm). Madison Construction excludes any overtime or after -hours work. 4. Asbestos investigation or abatement is not included in this scope of work. The cost to complete this scope of work is three thousand and thirty three dollars ($3,033). Please let me know if you have any questions or comments. Sincerely, MADISON CONSTRUCTION, L.P. Project Manager Vol. I -5 Pg, ) �3 Good afternoon Tiffany, Below are the lots that we didn't receive payment for and the backups declined or didn't respond. Lot: 014 - Answering Machine Lot: 026- Computer Speakers Lot: 032 - Papercutters & Hole Punch Lot: 033 -Smith Corona typewriter Lot: 036-Scanner Lot: 037 - Recorder, micro seal, xray light Lot: 038 - Panasonic Portable TV Lot: 081 - office heater /mini blinds Thank you Paula Paula Hooper Online Auction Manager /Office /Project Manager Auctioneer Lone Star Auctioneers, Inc. (817)740 -9400 Vol. ��. —. Pg. 16-+ BRAZOSCOUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge NUMBER 56001000 DATE OF COURT MEETING: October 11.2011 ITEM: Consider and take action on the Final Plat of Lot 2 CeciFs Creek Subdivision Phase Two 7.29 Acre Tract J. W. Stewart Survey, A -212 Brazos County, Texas. Site is located in Precinct 2. SOURCE OF FUNDS: NIA NOTES /EXCEPTIONS: SUBMITTED APPROVED BY: G Arnold, CFM Commissioner Sammy Catalena Director of Planning Precinct 2 CC2011 -078 This Request i Ap roved (or) Denied by Commissioners' Court Date: E. Duane Peters, County Judge Vol. 1 5 Q pg. I b 5 Application for Development Office Use Only, Brazos County Subdivision and Development Regulations Brazos County Engineering Department 2617 Hwy 21 West, Bryan, Texas 77803 — (979) 822-2 12 7 Master Plan Final Plat ✓ Re -Plat Amending Plat Property Description Road Location: Oak Lake Road Legal Description: 7.49 Acres in the J W Stewart Survey A -212 Subdivision Description Subdivision Name: Cecil's creek, Phase Two -Lot 2 Total number of lots: 1 Total Acreage: 7.29 Property Owner Owner name(s): John & Kimberley Easley Current mailing address: 11430 Oak Lake Rd, Bryan, TX 77808 Phone number(s): 979-450 -2128 Applicant or Authorized Agent, Engineer or Surveyor Name and Address: Kling Engineering and Surveying - Stewart Kling 4101 S. Texas Ave, Suite A, Bryan, TX 77802 Phone number(s): 979 - 846 -6212 Name and Address: Phone number(s): Application is for Residential ( ✓) Mobile Home Park () Commercial ( ) Other ( ) Is any of the property located in a Floodplain or Flood Hazard area? Yes _ (yes /no) Acknowledgment: The flood hazard boundary maps and other flood data used by Brazos County in evaluating flood hazards to proposed developments are considered reasonable and accurate for regulatory purposes and are based on the best available scientific and engineering data - On rare occasions greater floods can and will occur and flood heights may be increased by man -made or natural causes. Issuance of a Floodplain Permit in accordance with the Brazos County Flood Damage Prevention Ordinance does not imply that development outside the areas of special flood hazard will he free from flooding or flood damage. Issuance of a permit shall not create liability an the part of Brazos County or any offi= or employee of Brazos County in the event flooding or flood damage does occur. Is part or all of the property within an ETJ of a City? _Yes__ (yes /no) Will any construction occur in TxDOT right -of -ways? _ NO (yes /no) Application Check List: Copies of finished plat with corrections (if any): 0 9 copies to Brazos County El One (1) copy to Brazos County Health Dept. p One (1) copy to Brazos County 911 p One (1) copy to local Water District or Company Letters of approval (to be sent by the approving institution directly to Brazos County Engineering): • Letter from Brazos County Health Dept, — For onsite sewage evaluation. • Letter from Brazos County 911 — For road names. • Letter from Water District or Company.— Stating water availability, etc.. If property is within an ETJ of a city: ❑ Approval notification from appropriate city. Applicant attest that they have signed this application in the capacity designated, if any, and further attests that they have read document and the statement contained herein and any attached are true and factual. All applicants are encouraged to review the County Regulations prior to any plat submittal. It is understood that this application is not finished or dated until all documents listed above are filed at the Brazos County tneerm Office and all applicable blanks are filled in the application above. Applicant's Signa Date IJ County Witness Date Vol.— Pg. 1 6`P L_ . Run AUG, 25, 2011 2.51 PM t Tin * t n e August 25, 2011 Brazos County Health Department NO. 6357 P, 1 BRAZOS COUN'T'Y HEALTH DEPARTMENT Mr. S. M. King Kling Engineering and Surveying P.O. Box 4234 Bryan, Texas 77805. 201 NORTH TEXAS AVENUE • BRYAN, TEXAS 77803 -5317 (979) 381 -4440 • Fax (979) 623 -2275 E -mail: hca1thdepc0co_brazos.tx.us www.co.brazos.tx.us/hcalth post -ie Fax Note 7671 DOW tae e� To ITV From CoJDept. Gap( y� j( Phone $ f Phone r ,.sYrg �% Fax * -7 r �l L, 7 Fax 11 d •� l Re: Final flat of Lot 2, Cecil's Creels Subdivision, Phase 2, J.W. Stewart Survey, A -212, Brazos County, Texas Dear Mr. Kling: We appreciate the opportunity to review the final plat for Lot 2, Cecil's Creek Subdivision, Phase 2. It appears from the plat notes that the lot is partially within the 100 -year flood plain. TAC, Section 285.31(c) (2) states the following about alt on -site sewage facility (OSSF) Itt the 100 -year flood plaint; "...Any potential OSSF site within a 100- year flood plain is subject to special planning requirements. The OSSF shall be located so that a flood will not damage the OSSF during a flood event, resulting in contamination of the environment. Planning materials shall indicate how tank flotation is eliminated." Future homeowners should be made aware of these special requirements for an OSSF. Other than the above mentioned provision, the plat meets the requirements set forth by the Texas Commission on Environmental Quality (TCEQ) and Brazos County concerning on -site sewage facilities. If we can be of further assistance, please call me at (979) 361 -4450_ Sin erely, n , Don Plitt, RS Director of $nvirotnmental Igealth Services Division 'V'ia Fax: Gary Arnold, Brazos County Road and Bridge Department Vol. I a Pg. I � L BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2010 -2011 BUDGET YEAR NO. 10111 52.1 -52.4 On this the 11 th 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 1 1 th 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 11th day of October 2011. * &* flrrP�rnenf Nb. 5,13 �&rvveA 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. "� Pg. lU BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 10111 - 52.1 4M4 It 17n44 FUND 1100 1100 DIV ACCT 40510000 45010000 PROJ DR/CR CR CR ACCOUNT NAME Hotel,Motel'rax Interest - Accounts Increase 11,396.00 188.00 Decrease 1100 1100 11002600 11002600 61880000 65250000 _ DR DR Utilities Diesel 9,984.00 1,600.00 HOT - Marketing Reimbursement Ad'ust ro er accounts to realzie the 25% of excess revenue collected in Fund 1100 as of the end of eriod 12 (09/3 0120 1 1 }. Prepar eai Byf nnm loft Vol. 1 5 a Pg. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 10/11 - 52.2 Prepared By n11rr�. Date 9015/2011; 1 of 1 vot.—LSc� _Pg. 170 AD ACCT 53100000 53200000 PROJ DR/CR CR C R 1 Vl 1 I!!LV 1 � ACCOUNT NAME Increase Social Security - Retirement Solid Wat1,200.00 Sala - Staff 2,000.00 Decrease 1,200.00 2,000.00 71701000 51300000 DR DR HM.,krflge eimbur sement Reallocation of funds to cover the remainder of FY 11. Prepared By n11rr�. Date 9015/2011; 1 of 1 vot.—LSc� _Pg. 170 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 10111 - 52.3 FUND 0100 0100 DIV 30101100 30101100 ACCT b1880000 7150b000 PROD DR1CR CR DR 1 v , ,I ACCOUNT NAME Utilities -- Rental - Cf lce Space Increase 6.00 Decrease 6-00 Constable PCT 1 - Reallocation of funds to cover the remainder of FY 11. Prepared 0Y nnm Daite , _ 1fl15/201,1, 1 oft Vol. Pg. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 10/11 - 52.4 10/11/2011 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 26001000 65450000 CR Office Equipment 100.00 0100 26001000 61880000 CR Utilities 0100 26001000 71500000 DR Rental - Equipment 105.00 _ ^5.0_0, � Community Supervision - Support Reallocation of funds to cover the remainder of FY 11 due to overages on copies. 1 of 1 Vol. 16J� pg. I - ] A BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2011 -2012 BUDGET YEAR NO. 11 /12 2.1 -2.3 On this the 1. l th 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 I 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 11 th 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 amendments) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 1 i th 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. 1� Pg,3 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 11/12 - 2.1 1 011 112 01 1 FUNDI DIV I ACCT I PROJ I DR/CRJ ACCOUNT NAME Increase Decrease 4500 j 63000500 1 80283000 1 1 CR E ui ment -Jail !3,480.00 4500 63000500 _ ,3 ` 480.00 rovement Reallocation of funds to correct account. Prepared Tay'.. hfn Pat pepar ment Approval Oa #e 1 of 1 Vol., 1 �J ()I,, pg. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 11112 - 2.2 10/11/2011 FUND DIV ACCT PROD DRICR ACCOUNT NAME Increase Decrease 0100 15000100 51610000 CR Hourly Staff 5,500.00 0100 15000100 71030000 DR Em to ee Services 5,500.00 Human Resources Reallocation of funds to support Em to ee Services from a Temp Agency for appoximately 60 days at the rate of $11.22 per hour. loft Vol. 591 pg. 1,15 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 11/12 - 2.3 10/11/2011 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 31010000 71500000 CR Rental -E ui ment 3,460.00 0100 31000200 67050000 1 DR Appliances 3.460.00 ITYC Parole and JUV SRV - Detention I I I i I Reallocation of funds to Ray for Dryer that was ordered prior to Sept. 30, 2011, but has not yet been delivered. Prepared By nnm:' Department Appioval QatQ I Of 1 Vol. ) °� pg. PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: October 11, 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 Budget SO — Jail Means, Nina Davis, Sheleana Marinari, Justin Needham, Christina Shannon, Dywana Approved in Commissioners' Court: October tI, 2011: County Judge's or Commissioner's Signature: _ (This Copy to be attached to minutes) Vol. 15e; pg. 177 Budget Change Resignation New Hire New Hire Resignation Brazos County Purchasing Department Weekly Update 9/30/11 — 10/06/11 Number of PO's Processed: 405 Requisitions Completed: 30 Capital Payments: 4 Projects In Progress Construction Courthouse: Phase I & II - County Attorney area completed • County Attorney in process of moving • Should be completed moving on 10/14 - Renovation of old Dist. Clerk area in progress Phase III - Contract is in progress Bids/ RFP's/ RFQ's Jail Pharmaceuticals - Working on additional considerations for high cost medications o Analyzing additional information requested Carpet for Courthouse - Contract on agenda 10/11 Representation of Indigent Juveniles - RFP awarded - Contract pending Aggregate for Surface Treatment Flexible Base Crack Seal Renewals Janitorial Supplies Jail Cleaning Supplies Vol. 15a Pg. - Responses under review -Under dept. review -Bid solicitation in progress - Waiting on vendor resp. Solicitation of Quotes Other Portable Toilets Trash Contract Elevator Maintenance - Awarded - Awarded - Currently with legal Auction - Auction proceeds being processed - Purchasing is now receiving surplus from departments Sanctuary Courtroom - A delay in components has project on hold Purchasing Policy - Reviewing and revising policy Electronic Bid System - Reviewing contract and requirements it o 1. P'.