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HomeMy WebLinkAbout2011-12-20-4:00PM-REGULARof BRAZOS COUNTY BRYAN,TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON DECEMBER 20, 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. Consider and take action on agenda items 3 -17: 3 . Consider a nd possible action regarding an Order Prohi biting Outdoo Burning. 4 Guideline and Criteria for granting tax abatements for Brazos County. 5 Deductive change order to Madison Construction for Phase I & I in the amount o f $2,351.94 for the reimbursement of furniture damaged in the ro of leak. 6 . Extension of cont ract 2009-49R with Aramark Inc for Uniform Re ntals for Brazo County Road and Bridge and Building Maintenance. 7 . Contract with West Law and exemption from competitive bidding requirements under section 262.0; 8 . Contract w ith Terracon Inc for materials testing for the Ro and Bridge Department. 9 . Re guest Permission to enter private roe owned by the Frank Merka Estate located on Merka Road hnich frnm drainage channel. Pro will also re- Si1121 health safgn and welfare of the eneral ublic. Site is located in Precinct 2. 10. 4 11. 12 • a Gloria V White - overpayment - • b Cory Kna koverpa Anent -$5. • c Treml Properties - overpaymen $ 25 . 05 . d Melinda Hemken- overpavment - $ 11 . 64 • e Jeffrey N Chapman - overpavment - $ 34 . 87 . f Jeffrey N Chapman- over pavment - $ 58 . 92 q Melanie Hartshorn - overpavment - $ 5 . 66 13. Budget Amendments. Budget Amendments FY 11/1212.1-12.5 14. Personnel Change of Status. Personnel Action Forms 15. Payment of Claims. 16. Convene into Executive Session pursuant to Section 551.072 for deliberations about real property. 17. Consider and take action on Executive Session. 18 Acknowled ement of the Brazos Coun Purchasin De a U date for the week of December 9- 16 2011- 19. Sheriff's report on inmate population. 20. Announcement of interest items and possible future agenda topics. 21. Call for Citizen input and /or concerns. 22. Adjourn. t� P SO Vol. Tax Refund Applications for the following: 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 addressing the Court; in partic ipating Special and/or Emergency meeting of the Court shall conduct themselves with proper respect and decorum in speaking to, an ipating in public discussions before the Court; and in all actions in the presence of the Court Those members of the public who are inappropriately attired and/or who do not conduct themselves in an orderly and appropriate manner will be ordered to leave the meeting. Refusal to abide by the Court's Order and /or continued disruption of the meeting may result in a Contempt of Court Citation. It is not the intention of the Brazos County Commissioners Court to provide a public forum for the demeaning of any individual or group. Neither is it the intention of the Court to allow a member (or members) of the public to insult the honesty and /or integrity of the Court, as a body, or any member or members of the Court, or County employees, individually or collectively. Accordingly, profane, insulting or threatening language directed toward the Court and/or any person in the Court's presence and /or racial, ethnic or gender slurs or epithets will not be tolerated. Violation of these rules may result in the following sanctions: 1. cancellation of a speaker's time; 2. removal from the Commissioners Court; 3. a Contempt Citation; and /or 4. such other and/or criminal sanctions as may be authorized under the Constitution, Statutes and Codes of the State of Texas. The County Commissioners Court can deliberate or take action only if a matter has been listed on an agenda properly posted prior to the meeting. During the public comment period, speakers may address matters not listed on the published agenda. The Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court. However, responses from the County Judge or Commissioners to unlisted public comment topics could become deliberation on a matter without notice to the public. To ensure the public has notice of all matters the Commissioners Court will consider, the County Judge and /or Commissioners may choose not to respond to public comments, except to correct factual inaccuracies, recite existing policy in response to an inquiry or to ask that a matter be listed on a future agenda. See Texas Open Meetings Act ? 551.042. 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. t s � C= � BRAZOS COUNTY BRYANJEXAS MINUTES December 20, 2011 BRAZOS COUNTY COMMISSIONERS COURT REGULAR MEETING Signature Page 12- 20.pdf "D File Stamped Agenda.pdf Sign in sheet.pdf 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, December 20, 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, Absent; Irma Cauley, Commissioner of Precinct 4; Karen McQueen, County Clerk. 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. Charles Mancuso stated his concerns about his neighbors. He had pictures of a dead ram on the fence line, said there were about 30 hogs on the property, and deer in captivity. He was concerned about diseases these animals might spread. His other Uol. 1 6 5, P W A concern is the burning of trash with toxic odor and black smoke. When he burns his brush there is no odor nor is there black smoke. He went on to say that high powered rifles are being shot on the property. Two acres is not a large enough tract of land for this type of weapon. He would like to see air quality standards adopted by the court and the number of animals limited on the land. Consider and take action on agenda items 3 - 17: 3. Consider and possible action regarding an Order Prohibiting Outdoor Burning. Michele Meade, Assistant Emergency Management Coordinator updated the court on the KBDI, saying that we are not out of the drought yet, but there is more rain in the forecast. The recommendation was to not institute the burn ban. Motion: Table , Moved by County Judge Duane Peters, Seconded by Commissioner Sammy Catalena. Passed. 4 -0. Members voting Aye: Catalena , Cauley , Peters , Wassermann . Members Absent: Mallard . 4. Guidelines and Criteria for granting tax abatements for Brazos County. L,) Item 4.pdf Bill Ballard, Civil Counsel updated the Court on the revisions made to the current guidelines and criteria for granting tax abatements. A copy is attached. Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 4 -0. Members voting Aye: Catalena , Cauley, Peters , Wassermann . Members Absent: Mallard . 5. Item 5.pdf Deductive change order to madison Construction for Phase I and II in the amount of $2,351.94 for the reimbursement of furniture damaged in the roof leak. Approved as submitted. Motion: Approve , Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 4 -0. Members voting Aye: Catalena, Cauley, Peters , Wassermann . Members Absent: Mallard . 6. Extension of contract 2009 -49R with Aramark, Inc. for Uniform Rentals for Brazos County Road and Bridge and Building Maintenance. Item 6.pdf All terms, conditions, and pricing shall remain the same. Motion: Approve , Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 4 -0. Members voting Aye: Catalena, Cauley, Peters , Wassermann . Members Absent: Mallard . 7. Contract with West Law and exemption from competitive bidding requirements under section 262.024(a) (7)(A) of the Local Government Code. Item 7.pdf Approved as submitted. A copy is attached. Motion: Approve , Moved by County Judge Duane Peters, Seconded by Commissioner LLoyd Wassermann. Passed. 4 -0. Members voting Aye: Catalena, Cauley , Peters , Wassermann . Members Absent: Mallard . Vol. Pg. � 3 8. Contract with Terracon, Inc. for materials testing for the Road and Bridge Department. i Item 8.pdf No changes to the fee schedule were made. Motion: Approve , Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 4 -0. Members voting Aye: Catalena , Cauley, Peters , Wassermann . Members Absent: Mallard . 9. Request permission to enter private property owned by the Frank Merka Estate located on Merka Road for the purpose of clearing and removing trees and brush from drainage channel. Project will also re -shape channel and place rip -rap material for erosion control. This work is being performed for the health, safety and welfare of the general public. Site is located in Precinct 2. . Item 9.odf Approved as submitted. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 4 -0. Members voting Aye: Catalena , Cauley , Peters, Wassermann . Members Absent: Mallard . 10. Request permission to enter private property owned by Casey Moore located on Merka Road for the purpose of clearing and removing trees and brush from drainage channel. Project will also re -shape channel and place rip -rap material for erosion control. This work is being performed for the health, safety and welfare of the general public. Site is located in Precinct 2. LD Item 10.pdf Approved as submitted. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 4 -0. Members voting Aye: Catalena, Cauley , Peters , Wassermann . Members Absent: Mallard . 11. Request permission to enter private property owned by Darold Eberhardt located on Merka Road for the purpose of clearing and removing trees and brush from drainage channel. Project will also re -shape channel and place rip -rap material for erosion control. This work is being performed for the health, safety and welfare of the general public. Site is located in Precinct 2. 1� Item 11 .pdf Approved as submitted. Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by County Judge Duane Peters. Passed. 5 -0. Members voting Aye: Catalena, Cauley , Mallard , Peters , Wassermann . 12. Tax Refund Applications for the following: 1D Item 12.gdf • a. Gloria V White- overpayment -$8.00 • b. Cory Knapp- overpayment -$5.00 • c. Treml Properties- overpayment - $25.05 • d. Melinda Hem ken-overpayment-$11.64 • e. Jeffrey N Chapman- overpayment - $34.87 Vol. Pg. • f. Jeffrey N Chapman- overpayment - $58.92 • g. Melanie Hartshorn- overpayment -$5.66 Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by County Judge Duane Peters. Passed. 4 -0. Members voting Aye: Catalena, Cauley, Peters , Wassermann . Members Absent: Mallard . 13. Budget Amendments. Budget Amendments FY 11/12 12.1 -12.5 Item 13.pdf 12.1 Transfer funds from Contingency to Records Management 12.2 Reallocate funds for County Court at Law II 12.3 Combine Grants for TJPC State Aid 12.4 Reallocate funds for Capital Projects 12.5 Reallocate funds for Capital Projects Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by County Judge Duane Peters. Passed. 4 -0. Members voting Aye: Catalena , Cauley , Peters , Wassermann . Members Absent: Mallard . 14. Personnel Change of Status. Personnel Action Forms , D Item 14.pdf A copy of the Personnel Change of Status Requests is attached. Motion: Approve , Moved by Commissioner Lloyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 4 -0. Members voting Aye: Catalena, Cauley, Peters, Wassermann . Members Absent: Mallard . 15. Payment of Claims. Claims Sheet.pdf Ll BILL LIST 12.20.11.pdf 7093600 through 7093819 Motion: Approve , Moved by Commissioner Lloyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 4 -0. Members voting Aye: Catalena , Cauley, Peters , Wassermann . Members Absent: Mallard . 16. Convene into Executive Session pursuant to Section 551.072 for deliberations about real property. The County Judge announced that there was no need for an Executive Session. 17. Consider and take action on Executive Session. No action was taken. 18. Acknowledgement of the Brazos County Purchasing Department Update for the week of December 9 - 16, 2011. D Item 18.pdf The Court acknowledged receipt of the Purchasing Department Weekly update. C` C° Vol. 19. Sheriff's report on inmate population. Jail Administrator, Wayne Dicky stated there were 517 inmates in jail, 81 have electronic monitors and 8 are pending for monitors. He went on to say that 13 are on a new product called SCRAM that alerts the company that in turn alerts the jail and the court if alcohol is consumed. 20. Announcement of interest items and possible future agenda topics. There were no announcements. 21. Call for Citizen input and /or concerns. There was no citizen's input. 22. Agency/ Board/ Committee reports by Court members. There were no agency, board or committee reports. 23. Adjourn. I 6�5 P `Tol. g. The foregoing minutes of the Commissioners Court meeting held December 20, 2011 have been examined and are approved in open AZT 201rn Bryan, Brazos County, Court this 1 V day of Texas. Duane Peters Lloyd ssermann County Judge Commissioner, Precinct 1 Kenny Mallard Commissioner, Prec ct 3 Attest: �'nc&uk� Karen McQueen County Clerk 0 v Vol � Page g � BRAZOS COUNTY COMMISSIONERS COURT Meeting on '200 @ 4"V�— AGE I of "1s ---- �� it !1 - -� � � - - ' ♦ � I i � � I POP • PI WE. • PA ` AGE I of "1s ---- RESOLUTION STATE OF TEXAS § COUNTY OF BRAZOS § GUIDELINES AND CRITERIA FOR GRANTING TAX ABATEMENT BRAZOS COUNTY, TEXAS I. INTRODUCTION WHEREAS, the attraction of long -term investment and the establishment of new jobs in the Brazos County would enhance the economic base of Brazos Country; and, WHEREAS, Brazos County has certain governmental powers that enable it to take affirmative and effective action to stimulate economic growth; and, WHEREAS, tax abatement is one of the principal means by which the public sector and the private sector can forge a partnership to promote real economic growth within the community; and, WHEREAS, tax incentives offered must be strictly limited in application to those new or existing industries that bring new wealth into the community in order to avoid reducing the needed tax revenues of the County; and, WHEREAS, the Property Redevelopment and Tax Abatement Act (the "Act ") Chapter 312 of the Texas Tax Code authorizes the County to provide property tax abatement for limited periods of time as an inducement for the development or redevelopment of a property; and, WHEREAS, the Act requires eligible taxing jurisdictions to establish guidelines and criteria as to eligibility for tax abatement agreements prior to granting any future tax abatement, said guidelines to be unchanged for a two (2) year period unless amended or repealed by a three - fourths (314ths) vote of the Brazos County Commissioners Court; and, WHEREAS, this document states guidelines and criteria that the County will utilize in attempts to assert positive economic development, but should not be read to imply or Page 1 of 9 FACiviRCLIENT FILES1Brazos County Economic Development12011 Guidelines Tax Abatement.rtf Vol. ') 65 p N suggest that Brazos County, Texas is under an obligation to afford these opportunities to any applicant; and, WHEREAS, the governing body of a taxing unit may not enter into a tax abatement agreement unless it finds that the terms of the agreement and the property subject to the agreement meet the applicable guidelines and criteria adopted by the County under the Act; and WHEREAS, the adoption of the guidelines by Brazos County does not: limit the discretion of the County to decide whether to enter into a specific tax abatement agreement; limit the discretion of the County to delegate to its employees the authority to determine whether or not the County should consider a particular application or request for tax abatement; or create any property, contract, or other legal right in any person to have the County consider or grant a specific application or request for tax abatement. WHEREAS, these guidelines and criteria are designed to allow maximum flexibility in addressing the unique concerns of each applicant while enabling the County to respond to the changing needs of the community. NOW, THEREFORE, BE IT RESOLVED, that Brazos County, Texas, acting by and through its duly elected Commissioners Court, hereby adopts these guidelines and criteria for granting tax abatements in Brazos County. II. DEFINITIONS A. "Abatement" means the full or partial exemption from ad valorem taxes of certain real and/or personal property in a Reinvestment Zone designated for economic development purposes pursuant to Chapter 312 of the Texas Tax Code. B. "Agreement" means a contractual agreement between a property owner and /or lessee and an eligible jurisdiction for the purposes of tax abatement. C. "Base Year Value" means the assessed value of eligible property January 1 preceding the execution of the agreement plus the agreed upon value of eligible property improvements made after January 1, but before the execution of the Agreement. D. "County" means Brazos County, Texas. E. "Deferred Maintenance" means improvements necessary for continued operations which do not improve the productivity or alter the process technology. Page 2 of 9 FACiviRCLIENT FILES1Brazos County Economic Development12011 Guidelines Tax Abatement.rtf VOL- 1 P ° F. "Distribution Center Facility" means buildings and structures, including machinery and equipment, used or to be used primarily to receive, store, service, or distribute goods or materials owned by the facility operator where a majority of the goods or services are distributed to points at least fifty (50) miles from location in the County. G. "Expansion" means the addition of buildings, structure, fixed machinery, or equipment for purposes of increasing production capacity. H. "Facility" means property improvements completed or in the process of construction which together comprise an integral whole. l "Manufacturing Facility" means buildings and structures including machinery and equipment, the primary purpose of which is or will be the manufacture of tangible goods or materials or the processing of such goods or materials by physical chemical change, including the assembly of goods and materials from multiple sources in order to create a finished or semi - finished product. J. "Modernization" means the replacement and upgrading of existing facilities which increases the productivity input or output, updates the technology or substantially lowers the unit cost of the operation. Modernization may result from the construction, alteration, or installation of buildings, structures, fixed machinery or equipment. It shall not be for the purpose of reconditioning, refurbishing, or repairing except as may be integral to or in direct connection with an existing expansion. K. "New Facility" means a property previously undeveloped which is placed into service by means other than or in conjunction with expansion or modernization. L. "Other Basic Industry" means buildings or structure including fixed machinery and equipment not elsewhere described, used or to be used for the production of products or services which serve a market primarily outside the County and result in the creation of new permanent jobs and create new wealth in the County. M. "Personal Property" means tangible personal property located on the real property, excluding that personal property located on the real property prior to the period covered by the abatement with the County, and other than inventory or supplies. N. "Productive Life" means the number of years a property improvement is expected to be in service. O. "Project" means any property improvement including expansion, modernizations, and new facilities; but excluding any deferred maintenance. Page 3 of 9 FACiviRCLIENT FILES \Brazos County Economic Development\2011 Guidelines Tax Abatement.rtf Vol. / 5 5 pg. q, P. "Reinvestment Zone" means any area of the County which has been designated a reinvestment zone for tax abatement purposes and which is located within the taxing jurisdiction of the County. It is the intent of the County to designate reinvestment zones on a case -by -case basis in order to maximize the potential incentives for eligible enterprises to locate or expand within the County. Q. "Regional Entertainment Facility" means buildings and structures, Including machinery and equipment, used or to be used or provide entertainment through the admission of the general public where the majority of the users reside at least fifty (50) miles from its location in the County, R. "Regional Service Facility" means buildings and structures, including machinery and equipment, used or to be used to provide services to the general public. S. "Research Facility" means buildings and structures, including machinery and equipment, used or to be used primarily for research or experimentation to improve or develop new tangible goods or materials or to improve or develop the production processes thereto. T. "Targeted Enterprise" means the following facilities - distribution center facility, manufacturing facility, regional entertainment facility, research facility, regional service facility, or any other basic industry. Ill. CRITERIA FOR TAX ABATEMENT A. General Criteria. All applications must meet all of the following general criteria before being considered for tax abatement: 1. The project expands the local lax base. 2. The project creates permanent full time employment opportunities. 3. The project would not otherwise be developed. 4. The project makes a contribution to enhancing further economic development. 5. The project must remain in good standing with all governmental and environmental regulations. 6. The project must not have any of the following objections: Page 4 of 9 FACMACLIENT FILFS1Brazos County Economic Development12011 Guidelines Tax Abatement.rtf t� Vol. _ 15 Pg. d\ a. there would be substantial adverse effect on the provision of government services on tax base; b. the applicant has insufficient financial capacity; C. planned or potential use of the properly would constitute a hazard to public safety; d, planned or potential use of the property would create adverse impacts to adjacent properties; e. any violation of laws of the United States or Slate of Texas or ordinances of the City of Bryan or City of College Station, Texas or orders of Brazos County, Texas would occur: or, f. it is in an improvement project financed with tax increment bonds. 7. Requests for abatements will not be considered if, prior to the submission of an application, the project is already substantially underway or completed. A project will be considered to be substantially underway if actions such as, but not limited to, the following have occurred: a. the demolition, site preparation, or the installation of infrastructure has begun; b. a building permit has been issued for construction not associated with mitigating an environmental hazard; C. construction (including renovations or tenant finish -out) has begun; or, d. equipment, inventory, or employees have been relocated to the new site. Execution of a lease, the mitigation of environmental problems, the purchase of land, the completion of an environmental assessment, or the preparation of architectural and engineering plans do not constitute a project being substantially underway. 8. Requests for an abatement will not be considered for property that will be used in whole or in part for a sexually - oriented business, including but not limited to condoning, legitimizing, or promoting obscene materials, nude or topless modeling or dancing, adult motel operations, escort services, sexual encounter centers, sex phone centers, or any other sexually- oriented business activity. Similarly, property receiving an Page 5 of 9 FACMI1CLIENT FILES1Brazos County Economic Develop ment12011 Guidelines Tax Abatement.rtf 5 Vol. Pg. existing abatement for another use cannot convert this property for use as a sexually - oriented business or an establishment and still retain the abatement. 9. Requests for an abatement will not be considered for an applicant with which the County is currently involved in or has within the past thirty -six months been involved in litigation, a pending claim, or unsatisfactory contractual performance, nor to any applicant indebted to the County for ad valorum taxes or other obligations. B. Specific Criteria. If the project in the application meets the general criteria, is a facility of a Targeted Enterprise and has a capital cost that exceeds One Million Dollars and No /100ths ($1,000,000.00) then abatement of any or all of the increased value will be considered. In no case would tax abatement exceed the maximum allowed by state law, presently 100% for ten (10) years. Factors to be considered in determining the portion of the increased value to be abated and the duration of the abatement include, but are not limited to: 1. Total amount of the increased value; 2. Total number of jobs created; 3. Type of jobs created; 4. Dollar Value of payroll created; 5. Other costs and revenues associated with the application. 6. IV. APPLICATIONS FOR REINVESTMENT ZONES AND TAX ABATEMENTS A. All requests for reinvestment zones and tax abatement in the jurisdiction of Brazos County, Texas shall be made by filing a written application with the Brazos County Commissioners Court after addressing all criteria questions contained in this document. An application for designation of a reinvestment zone and for tax abatement may be combined and submitted jointly. Such applications may be filed with an agent or representative of the County hired to administer the County's program of tax abatement. All applications shall include the following unless the County has waived a requirement that it has deemed unnecessary to properly evaluate the request: 1. a general description of the project including purpose and explanation of the kind, number and location of all proposed improvements as well as how the project will meet the criteria established by this document. Page 6 of 9 F:\Civil\CLIENT FILESIBrazos County Economic Development12011 Guidelines Tax Abatement.rtf Vol. 165 Pg• 9 2. a plat showing the precise location of the property and all improvements thereon, all roadways within 500 feet of the site and all existing zoning and land uses within 500 feet of the site (a complete legal description shall be provided if the property is described by metes and bounds). 3. a completed cost estimate of the project by land, building, equipment, inventory and personality categories. 4. a description of the methods of financing all estimated costs and the time when related costs or monetary obligations are to be incurred, estimated number of employment opportunities the project creates over the period of the abatement, including gross annual payroll of permanent time and part time employees remaining after construction is complete. 5. a detailed time schedule for under taking and completing the project. 6. a fee in the amount of One Thousand Dollars and No1100ths ($1,000.00). B. After reviewing the application, if the County staff or its agent or representative finds the application to be complete and accurate and meets the criteria established by this document, the County staff or its agent or representative may then do or cause to be done an impact study, which the applicant may be required to pay or participate in paying for, setting forth the impact of the proposed reinvestment zone and tax abatement agreement. This study shall include, but not be limited to, a cost benefit analysis of the creation of the investment zone and the abatement of taxes. C. After establishing the benefits of the proposal, the County staff or its agent or representative may propose that the County offer a tax abatement agreement to the applicant, The County staff or its agent or representative may then propose the amount and duration of the tax abatement to the applicant, and formally offer the tax abatement to the applicant. D. Having completed all the required steps in the process and having been assured by the applicant that it wishes to proceed, the County may then follow procedures in accordance with the Texas Tax Code Chapter 312 and establish a reinvestment zone and tax abatement agreement. Page 7 of 9 FACMRCLIENT FILES\Brazos County Economic Development12011 Guidelines Tax Abatement.rtf VOI. -_ 15 5 pg. 95 V. DESIGNATION OF A REINVESTMENT ZONE AND TAX ABATEMENT A. Prior to granting tax abatement, Brazos County, by Order, shall designate an area as a reinvestment zone unless such zone has been previously established by a municipality within the County. Prior to adopting such an Order the Brazos County Commissioners Court must conduct a public hearing on the designation that entitles all interested persons to speak and present evidence for or against the designation. No later than the seventh (7th) day before the date of the hearing, notice of the hearing must be: 1. Published in a newspaper having general circulation in the County; and 2. Delivered in writing to the presiding officer of the governing body of each taxing unit that includes in its boundaries real property that is to be included in the proposed reinvestment zone. B, The County by resolution or order may enter into a tax abatement agreement. At least seven (7) days before entering into the agreement, the County will deliver written notice of its intent to each taxing unit that is included in the reinvestments zone, 1. Any agreement will include, but not be limited to, the following specific terms: a, all appropriate stipulations included in the application, as outlined by this document, for a reinvestment zone and lax abatement agreement. b. the amount and duration of the tax abatement. c. a method for determining the qualifications of meeting the criteria and a warranty and guarantee to meet and maintain these qualifications over the term of the agreement; the County will be allowed, upon written request and reasonable notice, to inspect and audit such records of the applicant as are necessary to substantiate that the applicant is meeting criteria agreed upon during the term of the abatement. d. a provision in the event the agreement is terminated for whatever reason or the applicant fails to fulfill the terms and provisions thereof, the tax abatement agreement will be determined null and void and all or some portion of abated taxes, as may be determined by the Brazos County Commissioners Court in its sole discretion, shall be paid immediately to the County. Page S of 9 FACiviRCLIENT FILES1Brazos County Economic Development12011 Guidelines Tax Abatement.rtf Vol. — - 1, 6' -5 Pg. q te e. access to and authorized inspection of the property by County employees, agents or representatives to ensure that the improvements or construction are made according to specifications and conditions of the agreement. C. An agreement may be modified or terminated by the mutual consent of the parties in the same manner that the agreement was approved and executed; provided however, the agreement may not be altered to provide for tax abatement for a period of more than ten (10) years. EXECUTED in open co`urrtt this the 20th day of December, 2011. Duane Peters Col Commissioner Lloyd Wassermann Precinct 1 "5"t Commissioner Kenny Mallard Precinct 3 Page 9 of 9 FACMACLIENT FILES1Brazos County Economic Development12011 Guidelines Tax Abatement.rtf vol. 15 p g. C A -7 Brazos County Purchasing Department 200 SOUTH TEXAS AVE SUITE 352 BRYAN, TX 77803 PHONE (979) 361 -4290 FAX (973) 361 -4293 Charles Wendt, Purchasing Agent Tiffany West, Buyer December 9. 2011 Leslie Williams, Asst. Purchasing Agent Aramark Phone: 281 -883 -9084 10110 Cash Rd Fax: Stafford, TX 77477 Email: drew .fontaine @uniform.aramark.coin Attn: Drew Fontaine Re. Exte,tsion of C'ontractfor Uniform Rental — 2009 -49R Brazos County appreciates the quality work your company has provided and would like: to exercise an extension option for Uniform Rental — 2009 -49R. All terms, conditions, and pricing shall remain the same. This extension will start upon the expiration of the Contract 4 2009 -49R through February 29 2012. To accept the extension option, please fill out the information and sign below. Return the signed documents by email to Iwilliams @co.brazos.tx.us or fax to (979) 361 -4293. Please then submit the original signed documents and an updated Certificate of Insurance by mail to the address listed above. Please return acceptance as soon as possible. If you have any questions, I may be reached at (979) 361 -4294. IF � t Tele D �- 9 el r[� C, Contact Name: hone: i� P ,CUM Za; J4lail:� C ua� n ±�n!^+,�'+tuKa�/� Fax: I - 3 ARAMARK Authorized azure Date S C01J7" Duane Peters, County Judge Date ol. ) 6 pg, BID TABULATION 2009 -49R Extension through February 29, 2012 1 INIFnRM RFNTAL d To: a k Uniforms A roved: Date: ,-A ' 1 `Vol. 155 Pg. 9 9 Admiral Linen and UniFirst G & K Shepherd's Ara mark Description Uniform Service Holdings LP Services Uniforms Uniforms UNIFORMS 11 per wk. 11 per wk. only delivers 5 a wk. A. i. SHIRTS Poplin, polyester, cotton blend $2.75 $1.76 $1.75 $2,42 $2.35 ii. Duro Stripes $3.00 $2.64 $1.75 $2.75 $2.50 iii. Poplin $4.00 $2.64 $1.75 $3.00 $3.00 iv. Stretch Yarn $4.00 $3.08 $1.75 $425 $3.00 Y. Twill knit $6.00 $3.08 $1.75 $4.25 $3.00 B. i. PANTS Pleated, polyester, wool blend $6.00 $5.83 $2.00 $3.00 $2.50 ii. Jeans, denim, 100% cotton $4.00 $2.97 $2.25 $4.07 $3.25 $2.50 iii. Women's non pleated pants $600 $2.97 $2.00 $2.75 $5.50 $1.00 iv. Coveralls $6.00 $5.72 $4.00 C. 1. SMOCK smock $3.50 $22.00 $1.75 $5.00 ii. Pressed Lab Coat $12.50 $ .1.00 $1.75 $2.75 $3.75 D. i. JACKETS jacket cleaning buy $32.001c1n $2.D0 wk. buy /$0.51 buy $15.001cin $.50 wk. buy $30.001$1 .00 wk, buyl$0.40 E. Environmental Charge $0.00 $6.97 $0.00 F. i. Size Change pants $1.50 each $10.00 $0.00 $5.50 $0.00 ii. shirts $4.75 each $10.00 $0.00 $5.50 $0.00 11. MOP HEADS/cost per head $0.84 $0.40 $0.60 $1.00 A. 24' Dry Mop Head wlhandle $0.72 B. 36' Dry Mop Head wlhandle $1.08 $1.26 $0.50 $0.44 $1.15 C. 48' Dry Mop Head wlhandle $1.72 $1.68 $0.65 $0.92 $1.35 D. Wet Mop with handle $0.50 $1.52 $0.65 $200 $2.25 III. FLAT ENTRANCE MATS $1.31 52.96 $1.25 $1.50 $1.50 A. 3 x 4 Mats B. 4 x 6 Mats $2.53 $3.35 $3.00 $3.00 $3.50 C. 3 x 10 Mats $3.67 $5.48 $3.25 $4.50 $4.50 IV. A. Uniform Control System locker/ $2.00 per locker Locker system for locker and Soil drop lockerl$1.00 each employee at soil bins lockers er locker no Cost to Brazos Co. $1.00 per locker B. Delivery charge per mile $7.50 per location $0.00 $0.00 $0.00 C. Minimum delivery charge $35.00 per location $35.00 per location $0.00 $0.00 $0.00 D. Emergency Charge $0.00 $0.00 $0.00 $0.00 $0.00 E. Env. Fuel Charge $0.00 $0.00 $2.50 $6.00 er location d To: a k Uniforms A roved: Date: ,-A ' 1 `Vol. 155 Pg. 9 9 Dec.Ub.2U11 11:10 PM Tj Big picture wj. FORM FOR WESrPAC1K FR0DI1CI*S 610 0ppentian Drive St. Paul, MN 55164-1903 Tel 6311687 -8000 WESTo A T110MOn Rquiqrs bvrsinesl C7 lest hc Wjji s os fie! as UL&ym RrpNuinu&NumWr Randy Lysdale 0058144 New (NACI Form attached) ExiWilp with IncresitCroJit Limit_ Existing with no changes X Existing with ChAWS (ftnnmnunt name vh must itradi a CUstomor Nance Change r - Orllk) Ald 0 1000671298 Name/Sttbscriber Brazos County Attorney Uill'fo Acct order Coorkti-naticm C D , t ,,t Name Leslie Williams xs E•Mail IwilI!8Ms@co•brazos.tX.u wustlaw Pos!fvvord CoMau Numc (for password delivery) Katie Conner kconner@co.brazos.tx.vS C -Mail Permanent Addmu Change 01le-Time Ship To Additionat Ship To Additional Bill TO Mtn: Name Address to City State ... .. .. .... - County ;Lip Westrack Wemtl&wPRO Produ w WcstPackProntofion Code: WPK3 Full Svc 0 #of I VIIIA/Students/ TerfiflashU NICuthly Randed/ v.—m-n F).P•v Role Rate total Monthly Per WestitwPRO Total Monthly Charges 3 -QUAIllity UWCD-RUM Total UklICD- Pull $ # WcstPack Print and CD•ROM Pmdueu New Existin Other ROM Chalks T 5 nn Z14Z2111;1y PAGE. I/ b f Tata! (:barters includes ch■rRea from attrtched {urge 2, Ir xppne)%blo, * This Is a new title for Stibscriber of Stlh3cr llitT Maintains an existing subvcripTion to this WcstPack lido AN dcitirU& schtilintlnl cnlry(ies)-• ship ;uui enter subscription(s) fix dic rctluastad title, ** Sulrscribct maintains existing subscription(s) to ttlis WrstPack title -- do not slip. Monthly WentlowpRO Charges and CD-ROM Chxrge4 nrq hilted ou the dare Weal pr'oc use., Subsuaibcr's order Lind wrdinua fur the mrmmunt U"Mi of complcto calondar trlondis eleLled by Subscriber with hisfinr initials below ( "Minimum " form "), Silbscriixr also. agre'oa to Inainwin all subscriptions to the WoWlack print products (new nuJnr exiaing as sol forth above) during the Minimum Term nod the charges t2x 5ubucriber's WwFack print products (both initial print charges ( "Initial WesiPack Chnrges") Lind print and CD- ROM suhecription acr+nccs charges including CD-ROM Charges ("Westpuck Suhscription Charges")) sliall be billed as vet tbrth heroin UP011 cOnclusion of 11x. Minunum Term. CD -ROM Charges and Westl'aek Subscription Charges are billed thcreatlor - .%I up to then- cunti�fll ndea. Any add irinnnl List rs Lidded to any existing Per iJxcr WestlawPRO andtor CD-ROM product licensed by Subscriber from West shall be lied to the Minimu,n'Term of the underlying Ordat Donn for such product(s). Subscriber's initials for 12,24 or 36 Month Minimum Term 12 Mfmth Minimum Term for WestlawPRO, West! ilcl: Print and C t) -RUM Products - 20% Wostl'ack i'rint and CAROM Product diswunl (ncw and existing) �— it and CD -ROM Products - 3t1° /n W'aStPack Print and Cl)-ROM Prodtwt discount (new and M4019) M4019) 2G Month Minimum '1'txm for tVcstlawPRO, WcstPack Pr" Monthly WurtlawP110 Charges for smand 12 rnonlilt not to imt�euse by murc than ;. over Mnnlhly VVcstlawPlt(j Charges far initial 12 months. _ 36 Month Mlnitnum Term for WesrluwPR(), Wasthck print and CD -ROM Products - 50% WestPuck Print find ('D -ROM Prodlirg discount (new alit cxizting) - monthly WCStlawPRP Charges for second 12 raonths not to inc=tic by more than -- over Monthly WCs tlawPRO Chargm for initial 12 months and Monthly t t%(luwl'RO C'harVA for third 12 months not to increase by more than • - -�4� ever Mrotltly WclstlawPRl) C itatYaet fur aexurkt 12 ttiunlhs. Non-Government Subscribers Only: Upon conclusion of the WestlawPRO Minimum'I�am, the Substritxr Agnemern and this Order Form will a.ulrnnalicAtly renew for consociitiva 12 -month periods ("Rattewul '1'etm" ), and the Monthly WostlawPRO Charges fur the Refx:wa! 'I —10) will incn:ase 7 *io per ycxlr unless either Jwr(y gives wttilton notice o oancdlation to the other party at least M days in advanco of any Renewal Tent%, iliCluding life first Kel—ul 'than. Adddioutl0y, West may Lit Lis dlst.7r:ti0n prclvtdsi Subscriber with notax aT least tie days in Advance of any R enCWld 'Term of a Monthly Wc9tlawPRO'Charge increas difTefilnr froltl "% ufler which Subscritxx shill! have 31) days io provide West will% written tw;icc of cancellation if Subscriber does not wish to renew. f;xcludcd Charges mitt' be nrndiffUl as Rol rorth in ilw Subscriber Agreement (us defiroed herein). Subscrilw is responsible for 411 Axcludcd Charges its incurred. 1)ifirlg any Renewal Tcnn, Subscribcr's oeecss to :rod use of Wes traW strall la) foyf rned by 111e Subscriber Agreement. Gty Sub■cribers On T Upon conclusion or lbe WCsllowl'RU Minimum 'Tcrm, Monthly WtstlawMO <:hargcs arc billed ithrTcaftor at up to then- currunl rates. l`•xcluded Charges and Monthly WestlawPKO Charges (aftor the Minimum Te rm) inlay bz 1110dified as set forth in the Subscriber Agreement (aR dofiiuxi hereitl). Subscritxl is responsible for nil t:xzluded Charges arc incrmcd. Afl(tir the. Millintutli )'erm, Subsciibzr's aemss io and use o1" W;;4law shall Ix; governed by tho Subscribes' Agreement. _ Subscriber's Initials. Sat%eriber hus __ attorricys (partners, shareholders, iiA t*Cialt'S, wriftnut (K stuff dannic ol eoultsc! and trio likti), cotporate users or atudcnts and Pcrsonnol (if ordering a Paralegal Plan) for fizz location idznti6ed alhovc or F (if ordering C'anlpua Kuseurt.h) fbl WcNillnvPR(), CD -ROM CU law andlor West E,cg1rlF dccntcrnrdcrs . lt`Wast teenier that rite actual number cxczeds am rrutnher 3crlitied a(pve, W'osi 1'oserm the right to incmLuse Subscriber's charges as apPlicatile. letn.l C'e%r W1rtltr %hie Only IIND Technical Contacts far Westlaw Patron Accett5 and Cutnpus Research and l hamsna innovation Admialerator Technical Cotliact Namq (please print); E -Mail Add" Current Aowunt#, liatron Access; TP Addmss; On* 1,j sAtWj j uvmiMi. 1, jdlaenel finites Ling by —1%ed if needed. Campus Research: IP Addreca Range �._._ ..... — - - - - -- - - - - -- + Order; subrtlithcd without IP Address information may delay set up and access Subscriber Initials Terminals will be usod for Patron Access (1101. required I'or Campus; Reselu•cli), Subscriber lnitiuls Concurrent user!; will he tostd for Patron Access (not required for Campus ltesearcll). In the event Subscriber desires to increase the number of publicly acucssiblc terminals 01' couculTenl users, Subscribix mush wiltaet Wost. It' Wast le�amc that Subscriber has increased the number ot'publicly accessible terminals, West m: arves trio right w inprea,tc Subscriber's charges as applicable. { For Internist Office Use Oni} 1 OF instructions: Max Concu If of ternurLnd to WTC. Blk AnuillJ term = attY = I pwr7 ech Witt = 54 Thomson lnnovati0la Administrator Name (please print). E•Mail Addoass: 9hJ1 ! ;AMtnel 490.dot Vo[.� C �� Pg•� 1 D i _ Wrtttl2w Renewals *Currant Monthly %ves(lawPRC) Chargcz+ isaarp ratc(s) in cfrent as M the date orthis Ordw Form and may not fix the raids) in effect vfi+on �ale(s) fur the Rtmcwal Term in/arc cslcuintcd, denondinp ov. the length of thecurrcnt tvfintmu� ar rurrenl Renewal'ro :m. 40584053 - Gave rnrrlerlt Select Subscrlber`t iniflait for 12 Month Renewal 'rerm *1 Shbseriber agrcts to commit to an additional 12 rrx nth& and the Monthly WustiuwPRQ Charges Coi the such atldrtmnul t2 mnrnha shaft let % Itwtw titan he Monthly W CsttswfRO Chair s effect t the end of "the current Mimumum'fernt ilncJ4x Cufmnl Runc +vl 'I'crm Subscriber't ieitkals ['or 24 Month Renewal Tents Y Subscribe[ agrerx to ccmntil in all additional 24 months. 'fil Monthly Wcatlawl Chwees ror the firM addtli0nai IZ months shall be % more thar, ti Moialfily WesllawPRU Uhurges in cffe0t u; the end of the current Minitntun Term and /or current R eliewal Tel and file Nlo esttawPRo Charges fat the second additional 12 month[ shall 1:4 _� --% rnorr than the Monthly . tsnwPRO Cimtgs. tar the Cusl additional 12 montlis, riber't teltials for 34 Month Renewal Teeth 'IM Subscribur agrees to coin+tih to an adJmuonal 34 months. The Muntltsy WcstlawNtO Charges for tier first additional 12 months shalt he % more than the Monlhiy We dawl'RU C hurgc5 in t'f m at the end or Zile current Minimum T otsn undior currpnl Reli>wwat 'i'erin and the Montlify WcstlawPRO Cha rges - for the second additional 12 m('ntht Shall be 5 _ ^,6 mnre than Cite Monthly �4` lllva?'kU C:huigw fur the. first additional 12 months. The eco Monthly WestlawpRO Charges for the third additional 12 m0altlls 51111 be 5 ki, molt: [111131 the tvtootllfy WCSllau [ RD Cbargts (Or the second adrkitirnzif I : rnr at15. Ill the MAI, a promotion in the underfyfng Order Form teyttirctf Subscriber t0 maintain a S a bscription (a certain West product++ in order io lee eligibte ror such promu'.ion ( "nopendoncy SubsoriptionRs) "). Subscriber must also nwintain suelt Depentiency Subseript!nn(s) doririq tl +o [tenewal'f feel sU Ihmi Subscriber may c ouats f cligib f or the Dellandeic! ror th0 pricing c y firth herein: in the even , t Subrn - Tiber terlaillik any of the Dgvndoncy Subscription(s) dur'ms the Renewal Term, tiny Prot nati0ns and t lat0d di Subaeripaon(s) shall tmm0 terminate. "'firfecbvr ill the end of thin CUrrcnt Mmimurn T Orin or CUrrent Renewal 'l crm. t'Io"avlrnnent 5ubser[bert Only. Upon conclusion of tho Rowwal Tortn desigiltiWd above, the Subxcribm Agreement laid this 0Tdor Forin wiE uutuitiattealiy renew fnr cottstxutivc 12 -month periods, and the Monthly' Westlawl'RO Charges for the. Ronowal Tarm(slt will lnctease 7% ptr y(,ar unicas tither purty &iv= writhes iiolicu or canueRalio++ ro 1110 al'net patty at Jck6t SO days in advance of ally Renewal Teas. Additionally, West [flay at its disciatioh provide Suhtcribef with notice Et iettst (ill days in 41lvpn= or any Renewal Term tart Monthly Wmiflawi'R(} Charldp increase different :41A 7% a4ar wbiah Slai)scrilxr shall hate 31) day's to pruvidr. West with written wocc of cancellation if Subscriber does 1101 wish to renew - 8anluded Clairgu may be modified as set forth in the 5uhscritcr Agn;emcnt, Subscriber is responsible icrt all t.xctudcd Char as Incurred. u;,ri% Renewal Term, Subscribe access to and use or W009w shall be gbvamed by z'o, `ishycrihor Ag *Dement. f`gvc T s . .d On ly^ Upotl 0tindtlsi0n of the Roncwul Form dwignateC auatc, Monthly �VcstluwpRO Charges arc billed thErop(10r at theft current left . fi.zcludcd Charges and Month[y WestlawPRQ Charfs {after the Renewal Terva) may he modified as set farhi in the Subscriber Agrt:t:Mint. S ubscribur is rcaponed'ilc for all E3xciadw Clit+rges mss hncurrod. During the Rcocwal Term and thcmaftrr, Suhscr0xr'q acre" to apd use or Wusllaw than be govmrnad by the Suhsprlbpr Agreement. 1�'estiaw Y`RSSwurtis tintl )uielcti'iew+ r.a��_ Pevxt self %) t,nRt A1Anle h'tr•Yt Nflril! M.I. �na ti•ru - - _ _ — v hrnn rhamnl renamed on OuickVi¢a Sut�scribCr 3hatl tutthUrl7.c+ which West" pUSWTrd(5) shaft havC &aria in mtuicn reeve -�. --- �.,�.b�• - .•• -- - _ - . - - 5ubscriber shall fray abatgea u billed, Nest does not Warr :+nt and hill no tiahiwy with respect fo Ilit accuracy of 0fiargcs or othc inlbrnmtion nn QuiCl V irw r, Autliarlwd WeWlalm Pa9gword Haider for Wc4tiaw QniekVlew+ Last name First Name. 4'1/1) E - rtatil SAMlrtol 440 -doe Vol. l C C Pg. Addikional Non- WCstPack WesllawPR(? cn-R(1M and West l.,c alF dcentcr Products Per Total Monthly N-- W — — W.aHsuPRrVC.M a of Pwds Mo. Sanded/ Uier /Cone. WestttlWYHUJ(:W Sme Rxtc I Total Monthly Charges S Monthly WastlawPRU Chur;ee, CD- Charges and west 1,cgalEdcenter Charges, are billed on the date Wcst proczsscs Subsuritxx's order and cnntinue t'nr A minimum ot. 12 complete calendar months ( "Minimum Ttrm "), Upon conclusion of the Minimum Terrrl, CD-ROM Cliargrs are blllcd Ihcrcaller at then- curmni much. 11' Subscriber elcc:ts A longer Minimum Term the Monthly WestlawPRO Charges andluT West LcgalEdcentcr Charges will N billed as sal forth haraia Any additional users lidded to any existing Per Uscr W csttawPRQ ondlor CD -ROM product licensed by Subscriber l'mm West Aull tx, tied to the hdinimum Tcrm of the underlying Ordcr Form for such product(s). Subserlher's Initials for 24 Mouth WettlawPRO ondlor West LegalFckenter Minimum'I'crm Subscriber ngrccs to aunmit to it Migimurp Term K24 months and the Monthly WestlswPRO Charges ondlor West Leguil'zrioc7tttr C'hargc% For the second 12 months not to inereaso by more thou _ Ovc the Mnnthty W'csttawPRU Charges and/or West LcgalEdrQnttr Charges for tote initial 12 months. Subscriber's Initials for 36 hienth Weatlstwilgo and /or West tAplEdt:t:rtter Mioimum'rcrm Subycribcr apimn to commil to n Minimum Torm of 36 morons and Alto Monthly Westhlwl'RO Charges and/or Wear LL&WF.dc�cruor Charges for the second 12 months not tc incrust by moro thus '1n over the Monthly WcatlowFRO Cfiacges artdrpr blast l.xyalFdcanter Charges for lox initial 12 rnunIM and the Monthly wostlawPRO Charges and/or Wast Lega Mdeenter Charges for the third 12 mcntiu nru to incraaac by mOrc than 9'o aver the Monthly WestawPRO Charges and /or Went 1.egalEticentor C.hargus ror oho second 12 months, Non Sahmribcrs ORIV Upon crmelusion of the westlawpRO Minimum Term. including Wr:at l.egalkAcenter product(%) that tiro {)art of a Wrsllawl'RO Select. the Subscriber Agrccniatl and this order Form will automatically ronaw for tmisecutive 12 -month perinds ()koriewul icon "), and the Monthly Wrstlawl'Ro Charges for the Renewal Y'e"s) will increase 7% per year unleati either party givn written notice of cancellation to the olhar party at feast 30 dove in ndvnucc or any Rcne>`ul TeTm, ineWding the asst Renewal Term. Additionally- West ma y at its discretion provide Suhscribor with notice at least 60 dAys in Advnrxe of any ReneWad '(arm of u Monthly WcstlawPR0 Charge increase difFwent ftorn ?% after which Subscriber %Hail have 30 days to nrnvidc: WC-4 with written notice of cancellation tf Sulxxribor does not wish to renew. l.:xcluded Chatgca may be modified us sct Forth in the Subscriber Agreement O s defined horein) SubacHlr i4 rnpa1nsible for all f xctaded V18TgVt a% 4100=R . Iluriq any RetleWAl 'term, Subacritter's aoeesa to and u of westlaw shall be govenled by the Subseriber Agreement. Upon cmx:lusion or tlx: West IkgalPdcenk:r Minimultt'I trot, as applicable solely to Wtst LegaiPcicenter producits) that are nor part of a Wesrlawl Select, West LegalLdtnnteT Charges arc billed lhcreuttcr at up Its then - current WCS. ,(ovarnntertt Subscribers Only, tlpon tanctusion of the Westiawl and/or West Lcl;alFdccntcr Minimum 'feral, Monthly WcetlawPRU Charts -S uttdlor West LaplEdcenter Charges are billed lherealler M up to then- convit rates. %NWIltcied Charges and Monthly WrWowPRC) Chargca (uller roc Minimum rerm) may ba modified as 5ei forth in the Subscriber Agreement (as defined herein). Subycribcr is renpnnsibiz for all Excluded Charges as incurred. After lite Minimum Term, Subwriix:r's Recess to and use of all be govemad by tiro Sahccriher Agreerent. abserlber's inkials Subscriber has i attorneys (partners, shareholders. associates, wrli ell or stufl' attoraays, of counsel and the like), corporate users or students and Personnel (iftltdering a Paralegal Plan) for the location identified above or f'TE's of ordering Cu npus Rex:arch) for WcstlawPRO, CD - ROM cast law ondlor West l e�rolFdcent+ r alders, IEWest learns tllal the octWd number excccds the number certified above, West reserves the right to increaso Subscriber's charges as applicable. cD Rom/DVO xndlor West 1.egalfdcenter annual b111W (plesuic check It requaNted) West l cgnlFAceater t)nfine Fealorsa and Services: Subscriber's Inldwk - Subscriber acknowledges that each user will receive an initial a -snail communication frtlm West LegAlGdcentr which includes -� important infonnatiun about using ttAC sorvite t,including usemkme and pas. +ward), as well as ongoing eummpnieation re ardillg nqw Online Progtatl* avuilablo in their practice arex(s) and special annnuncem4nis Subscrille users m ay upt out utter the initial a -mail communication. Programs extltaded Ptom the Online CLE lhrss shall 1x billed at then - current ratos via credit card billing. Ad3itlonol Non - WestPaek Print Products Total Chorgcs 5 _ 911111 SAMlivl 490,dru C l ID-3 Vol. 55 pg. Tenn!; o f Poyrnrtnl for Print t'mllncW wort% standard terms of payment for print products purehutrul urc nut ?U days, West finny elect to accept mjlalhnent payments on the purchase price. installment payment torms are S I'll' ntooth plus 1aK for approximately months until lac purchase price, plus tiny additional amounts under this Order Form, is paid in full. Sabscriptioe Service, Fasaworda and *#Vest km. Subscription service rutty cmtsiat of updates andRrr supplamivitc to tbo service, incl udi ng bun not limittx! to ' (it) CU l , itk'aries; updated, replacaanoitl or suplAommntal CD•ROMs and amino updates, alai cater related supplcmcncal malarial; (h) Print Product , poet ut plats, pamph)ets, rcpiaeement or ancillary votvrrw3l' 1093e40ef pagos and other related supplelTk ntal tttatcTilds, 211 of which may be billed aeparawly at then- curr-tit rates, quK%Cribcr fu:rchy rcgvcstr that Wost pruyidc subwription acrvnxx for the haciv d;:Kribr d prodoem at then- current rates until such subscription ,tervicis are cancelled by West ur cancelled upon written request by Subscriber after the Minimum Term fof WestPack print or CD - ROM products. Any passwords issued herein may only be 111"d by tltr persun to wham lhu pussword is iv%ULA and sharing of pusswords is STRICTLY PROHIBITED. Subveribors licensing only I.lvcNote /C&30 Software will not be issuui Wcfdau passwords. Any West kilt software licensed hereunder muss reside do a dedicated A provided and maintained by Subscrtlx:r at Suhacribsr's expense, and such server mast be seccssihle to all Subscriber's authorized users. Subscriber'% Westlaw 0ou & Form Builder Data will he web hnstod by Wcst. tlpnn terrrrinatinn of any R'estlary No & Form Builder subscription, related W Doo & Form Builder Duty of Subxriber that iii morel on Wcat xcrvcrg wil I be destroyed within I SU days of .yuch willrintttion. General Pivvlgtona, This Ordor Form is subject to approval by West, a Thomson Reuters business ("Wen ") in St Paul, Minncsota and is governed by Minnesota law. The stale and kderal eructs sitting in Minnesota will have exclusive juriadiotion ovor anv o12hn arising hm or rolated to this agreement. Applicable soles. use, personal properly. value added tax (VAT) or equivnlenl, ad valorem and tether taxes are payable by Subscrilwa', Subserltwar array (5a charged intelvst far overihie iiisuilimoim kind suhseripliona Hod for other open account c mrges. if tiny installments, subscriptions, subscription scrviem, Wclnlaw Charges or open account charges rLmnat unpaid It) daYs alter hccuming duc, all unrnaturod installments, including all arn*Uttts that are Of would become due and puyeble fur the remaining wrin Or Suh%cnhtxs Subscriber Agreement, shall become immediately due and payable ct the 4otc option of West. Interest charges may be adjusted to the then - highest current tale allowable nn Minnesota cotxra 38. 'ft,i% Order Form is non transfetabie. All collection fees, Including bat not limited in attorneys fees, aro payable by Subscfibei Transportation and handling (FOH origin) ellincs will ix: added 1 print products. Wet atsy request n current financial statement aiwor Obtain Con3pllrr orcdit report on rite undersigned individual to dctcrinme credltwtrrihinc�. Wost will only rogvast p4n4unter credit information on the undersigned If 1he undersigned is applying for credit us un individual or if the undcrsiped's cansum r credit urfonnatlon is neer -nary for Was to com*r grunting credit 10 tic af oromentioned company. if Subtcrit'ter inquires whether a credit Teport wall requested. vvcxi will provide informaurnn or such, if' a report was received and the name, address and telophonc number of 1he agency that supplied the report. Returns, trSubscriber is out completely sutisficd with any non- Westl'ack print Or non- WostPach CD-ROM product received from Wan. tlta pruduct may be returned within 45 days of the invoice ante for a full refund of credit, in ua.Lorduncc with Wcsl's thctt•currow MUMS rbkios. WeSIIAW Charges and West L.e)!alEdcemer Charges are not reftutdablo. (lrttine /C'P•NOM1i Products to be Lapsed Fall Svc pnnar FT0011ets k of l'asrtwurdn 1"bc Subscriber Agreement for Westlaw And CD-ROM Libraries, the applicubit Schedule .A pries plan, (for'WestlgWl`R0 products Rn(Vor CD -ROM Libraries products), and/or the West LcpLFdcentrr Subscriber Agreement (for West LegalEdeenter pr(Wuetn) and/or the 'I'humson innovation Schedule and '!'bird Party Terms Schedule (for Thomson Innovation) individually or jointly, as applicable, ("Subscriber Agy-coment ") is /arc hereby incorporated by reference and mane part of this order Form. In the event there Is a confilct between the terms slid erruditions of the Subxeriber Agreement rind and eonditia iA Order Form, the terms Rod conditions of this Order form shall control. Subscriber by hisAter slanatnrt btlf)w, acknowle d his /her nderstaudli acceptance. of the terms and emtdHion , of lbe Subscriber Agreement. 5lgaalurt X t ".�. �. - - - -- - - - - -- Date _.. t� at arPRFSFNTATIV$ FORORIWR FORM For Credit Card Transactions only'. Visa Mnster yard Ain Ex C.nret _ Expir. Date , l oral Amt. to Charge W IN I SAMlnei 400,rinr Vol. p w WESTv A ThoQm5ort R0"tor[ h0slness Government Accounts Only Addendum to West Order Farm for WestlawPRO Orders Subscriber: Brazos County Attorney Account #: 1 000671298 Date of Order Farm: 1 2 101 /2011 1. Effect of Addendum. The underlying Subscriber Agreement for Westlaw and CD - ROM Libraries, West Order Form and Schedule A plan 2 WestlawPRO (collectively the "Subscriber agreement "), between Subscriber and West is amended as specifically set forth herein to incorporate the terms of this Addendum. As amended, the Subscriber Agreement shall remain in full force and effect according to its terms and conditions, All terms used in this Addendum shall have the meanings attributed to them in the Subscriber Agreement. This Addendum supersedes any and all prior understandings and agreements, oral or written, relating to the subject matter. In the event there is a conflict between the terms and conditions of the Subscriber Agreement and the terms and conditions of this Addendum, the terms and conditions of this Addendum shall control. 2. Modification of Order, Form -Non Availability of Funds If Subscriber fails to receive sufficient appropriation of funds or authorization for the expenditure of sufficient funds to continue service under the Order form, or if Subscriber receives a lawful order issued in or for any fiscal year during the Minimum "Perm or Renewal Term of the Order Form that reduces the fiends appropriated or authorized in such amounts as to preclude making the payments set out therein, Subscriber may submit a written notice to West seeking cancellation of the service, the Subscriber Agreement and the Order Form, if'perinitted under applicable lain. Subscriber shall provide West with notice not less than thirty (it }) days prior to the date of cancellation, and shall include a written statement documenting the mason for cancellation, including the relevant statutory authority for cancelling, and an ofTicicl document certifying the non - availability of funds (e.g., executive order, an officially printed budget or other official government communication). Upon West's reoeipt of a valid cancellation notice, Subscriber shall pay all charges incurred for any produet`5 and /or services received prior to the effective date of the cancellation (and in the case of print/CD -ROM products, return all unpaid print/CD- ROM products and updates). West, a Thomson Reuters busiaess Accepted by: Title: Date: VIM 5AMltict Sulbsc fiber Signed; Name (please print): � Qn r Title, & Y& IX2 _ Date- o;V - - -- K 14 dal VOL— t Ps. 105 u� n C7 it rn n v ti ti 0 O C fl. r CO aD 4 c c d (D N m r_ Q E q Y �_ 69 C fFT N _ N N y C U) h W M r r m r rn n Vol. — u C 'r C r ,� co CL a r o Z N CA yg F- � fR ff3 °— LO LO Q � C D F- d O w O Y U 00 to Q N t3 0 O ti o � c 3 N U m 0 n� ° 0 r a �° w 0. FA Q M m to _ v v CL c cD C O .C: M M r r m r rn n Vol. — rn rn w Z O °— T Q � LLL r F- o w Z 00 a+ 0 O ti O c 3 N U m Q 4 c a f0 Q c a`� x ° m m ¢ LT a m 0 n� ° R E LO a �° w 0. FA 0 'n o m to _ � u H s CL d x m n. C O .C: N C CD ° r r U Pg O Z Q Z �p � Q � O W UJ Z J LY UJ Z Q ❑ C/) U) W o O 00 r Z Z 0� CL w w a > m > J m X X D H (A H U LO 0 V - co in M� 0 Q N N :3 co O CD U N N u Q 0 O .C: a� CD ° Pg Vol. — p.! 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AUdrbef of the agtrsey lira WV 0, ed 'ei-- pdortaS, IfS•mser+ber1■net rmraPkRb. sadslkd+kik un pOMWasn'�k pnnanrKwlVcslP■ck Cp-ROM prtdud rrcel.rd frhm W en, mid Use ProOdutout'be Cu tdoitbir,i) drys of Cie ;nmct dne fur n fulF rrJmd v. 4.4k, do adnuderme M6 W.1 tr.Sn- <+merl mwms pol;elaY. Wnulaw L�,crCes mid Wm l.egn4Edcertet L'ZtrFa :m MA refundabtt. 1Q.7/07 gAMtnol ;M.dol 'jol, 1 � 5_ _ Pg. II 1 0 P.5 Oct 27 0 -9 02.143p Brazos County Auditor 9793S141B8 p.13 • p.S Oblbu Yr.drete In bc!.x sed The Sdtaa'iber kgrecnelm Wr WrWRw nod CD -ROM Ubrsrles, thr npplKxble 50C4111e A prict plan, tr.r WcitlowrRo proa.tta aWler CG -ROM Uhr.r4* prod.cta) and/or the West LCOIC eethr Satscrlbtr Ilgre=> (for LVat Ltclv%dbcokr pnKt.rtt) i"Ji.idtfOr .r j%iullr, d Onlirtble, (" Sc%Crtber AZroesiM") Wnrt Zttrcby lotorpornted by rd fcnet and madeygt of tia Order RnrtM. 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(, & - El" s 6otJ 55ian Vol. 155 p I II , Govemment Select Worksheet P- Page I of I htrp:lltraining.west.thomson,comlprograms4orksheetlgoverament.asp?876.rnod=O&com 10029MUS Account Name; Brazos County Attorney Account Number: 1000671298 Module Full Service Points 'rexas (core) 40043766 0 All State Cases 30312202 2 Law Reviews and Journals Resul[tsftS 30310837 40362002 r j 1 3 Texas Legislative History 40319304 1 Government Contracts 40422226 1 Texas Construction Law 40574434 1 Texas Employment Law 40577962 3 All Federal Cases 30310098 2 Total Points 14 Seve a s Print VVcrk:S=heel htrp:lltraining.west.thomson,comlprograms4orksheetlgoverament.asp?876.rnod=O&com 10029MUS P. Oct 27 0 02:43p Brazos COUMt& Auditor 978361418e p.15 P.7 Nan - Availability of Funds Clause If Brazos County Attorney fails to receive sufficient appropriation of funds or authorization for the expenditure of sufficient funds to provide for the continuation of this Agreement and the Order Form, or if a lawful order issued in or for any fiscal year during the Term of this Agreement and the Order Form reduces the funds appropriated or authorized in such amounts as to preclude making the payments set out herein, this Agreement and the Order Form shall terminate on the date said funds are no longer available without any termination charges or other liability Incurring to the Subscriber, The Subscriber shall cerflfy and warrant in writing that sufficient funds have not been appropriated or authorized to oontinue this Amendment, and provide West notice not less than thirty (30) days prior to the date of cancellation. Non - Availability of Funds or failure to receive authorization for the expenditure of sufficient funds as used herein means a level of funding that results in less funding than that which was allocated to Subscriber in the immediately preceding fiscal year. Promotions Worksheet P.9 Page l of 1 SAM Promotions Worksheet 1. GovernmentSelect • 5734591 - Gov N7d FSR ISM Ince Randy Lysaale Brazos County Attorney 1000671298 http: / /samt int.westgroup. com/ programs /promos /worksh "t.asp ?oi d =313 61 &fid =1501 Print this page 10129/2008 1 � pg ��.S P.4 Last First Atty Other Snelling Tina X Magness Kay X Vol. 'J '6_5 Pg. ,' THOMSON REUTERS December 14, 2011 Leslie Williams Brazos County Purchasing 200 South Texas Avenue Suite 352 Bryan, TX 77803 Phone: (979) 361 -4290 Fax: (979) 361 -4293 RE: Sale Source Designation — Westlaw Dear Leslie Williams: Randy Lysdale Government Sales Consultant 731 Kessler Lake Dr Dallas, Texas 75208 Phone: (214) 402-4736 Fax: (866) 614 -5600 randy.lysdale@thomsonreuters corn West, the foremost provider of integrated information solutions to the U.S. legal market, has been providing research materials to the legal and professional community for more than 135 years. 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Attached for your review is a more detailed document listing the exclusive databases, features and services that only West can provide to Brazos County. I would be happy to discuss with you which of these databases, features, and services are available to you. If you have any questions concerning this document or require additional information, please do not hesitate to contact me. Sincerely, Randy Lysdale 5 Pg. l a Vol. �D AGREEMENT for ENGINEERING SERVICES and /or CONSTRUCTION MATERIALS TESTING January 1, 2012 by and between ENGINEER: TERRACON CONSULTANTS, INC. 6198 Imperial Loop College Station, Texas 77845 -and- CLIENT: Brazos County of Texas 200 S. Texas Ave., Suite 332 Bryan, Texas 77803 -for services rendered in association with- PROJECT: Various Projects for 2012 OWNER: Brazos County of Texas VOL- 155 pg. ) 0-- ) Engineering Services and /or Construction Materials Testing Agreement THIS AGREEMENT (hereinafter called "AGREEMENT') is effective as of January 1, 2012 by and between Brazos County of Texas (hereinafter called "CLIENT') and Terracon Consultants, Inc., a corporation organized under the laws of the State of Delaware with offices located at 6198 Imperial Loop, College Station, Texas 77845 (hereinafter called "ENGINEER "), ENGINEER and CLIENT hereby agree as follows with respect to Engineering Services to be performed by ENGINEER: 1.4 ENGINEERING SERVICES 1.1 ENGINEER shall act for Client in a professional manner, using that degree of care and skill ordinarily exercised by and consistent with the standards of competent engineers practicing in the same or similar locality of the PROJECT site. The PROJECT is defined as the ENGINEER providing geotechnical and construction materials testing services as requested by the CLIENT. 1.2 Engineer shall provide services that, in the opinion of the ENGINEER, lie within the technical or professional areas of expertise of ENGINEER and which ENGINEER is adequately staffed and equipped to perform. 1.3 ENGINEER shall perform all technical services under the general direction of a Registered Professional Engineer and in a substantial accordance with the basic requirements of the appropriate Standards of the American Society for Testing and Materials, where applicable, The Texas Engineering Practices Act, or other standards designated by ENGINEER. 1.4 ENGINEER shall consider all reports the confidential property of CLIENT, and distribute reports only to those persons, organizations or agencies specifically designated in writing by CLIENT or his authorized representative. 1.5 ENGINEER shall retain samples of soil or rock for a period of sixty (60) days following submission of the report, unless requested otherwise by CLIENT, after which time, samples will be discarded. ENGINEER shall discard concrete cylinders after testing unless requested otherwise by CLIENT. 1.6 ENGINEER shall retain all pertinent records relating to the services performed for a period of ten years following submission of a report, during which period the records will be made available to CLIENT at reasonable times. Duplicates shall be made at reasonable fees. 1.7 A written definition of the Services to be performed by ENGINEER as set forth in Exhibit A is incorporated in this AGREEMENT. 2.0 CLIENT RESPONSIBILITIES 2.1 CLIENT shall provide ENGINEER full information regarding the structures) to be contemplated on the PROJECT including location and elevation of structure(s) on the PROJECT site, locations of existing underground utilities on the PROJECT site, magnitudes and configurations of loads, permissible settlements, planned cuts and fill, 2 Vol. Pg• , �. proximity of adjacent structures, and design loadings for paving areas and railways, and other information required for the proper performance of ENGINEER. 2.2 CLIENT shall furnish right of entry into the PROJECT site for ENGINEER to make the necessary field studies. ENGINEER will endeavor to minimize damage to the land but makes no guarantee to restore the site to its original conditions unless a separate agreement is made for such restoration, in which case ENGINEER shall add the cost of restoration to the fee for the PROJECT. 2.3 CLIENT shall designate in writing those persons, organizations or agencies to be contacted in the event conditions are revealed during execution of ENGINEER's study or testing that would require possible alteration of the study or would potentially influence design that is proceeding in parallel with the study. 2.4 In the absence of an express designation from the CLIENT to the contrary, services requested by CLIENT's representative will be deemed as requested by CLIENT. 3.0 GENERAL CONDITIONS 3.1 ENGINEER, by the performance of services covered hereunder, does not in any way assume, abridge or abrogate any of those duties, responsibilities or authorities with regard to the PROJECT customarily vested in the PROJECT architects, design engineers, or any other design agencies or authorities. 3.2 ENGINEER shall not be responsible or liable for errors, omissions or deficiencies of any other party(s) involved in the design of the PROJECT, or the failure of any architect, design engineer, contractor, subcontractor or any other design agency or authority to design and/or construct any aspect of the PROJECT in accordance with recommendations contained in any correspondence or verbal recommendation issued by ENGINEER. 3.3 This Agreement may be terminated by either party on receipt of written notice or by mutual agreement. If this Agreement is terminated by either party, ENGINEER shall be paid in full within thirty (30) days of receipt of final invoice for all services performed through the termination date, and the CLIENT shall be provided with a complete report of the results of tests and analysis conducted prior to termination. 3.4 Neither CLIENT nor ENGINEER may delegate, assign, sublet or transfer his duties or interest in this Agreement without the written consent of the other party. 3.5 The only warranty made by ENGINEER in connection with its services performed hereunder is that it will use that degree of care and skill as set forth in Article 1.1 above. No other warranty, expressed or implied, is made or intended for services provided hereunder or furnishing oral or written reports of findings made. 3.6 In the event that CLIENT issues its standard purchase order for engineering services, which shall be prepared and executed for each specified Project assignment requested by CLIENT, the terms and conditions of this AGREEMENT shall be incorporated as terms and conditions of the CLIENT's standard purchase agreement unless expressly noted to the contrary. 3.7 CLIENT may make changes in the Services of the ENGINEER by notifying the ENGINEER to perform additional Services or to omit part(s) of the Services. ENGINEER reserves the right not to comply with CLIENT directed changes in the event such changes are contradictory to the basic requirements of the Texas Engineering 3 V®t. 155 Pg /0)3 Practices Act or appropriate Standards of the American Society for Testing and Materials, where applicable, or other standards designated by ENGINEER. The provisions of this Agreement shall apply to such additions and omissions. 4.0 INSURANCE 4,1 ENGINEER shall secure and maintain throughout the full period of this Agreement sufficient insurance to protect it adequately from claims under applicable Workmen's Compensation Acts and from claims for bodily injury, death or property damage as may arise from the performance of services under this Agreement. ENGINEER will, upon request, file certification of such insurance coverage with CLIENT or his authorized representative. 4.2 No insurance of whatever kind or type which may be carried by ENGINEER is to be considered as in any way limiting the architect, design engineer, contractor, subcontractor or any other design agency or authority's responsibility for damages resulting from its operations or for furnishing work and materials to the PROJECT. CLIENT agrees therefore, to include or cause to be included in the PROJECT's design and construction contracts, such requirements for insurance coverage and performance bonds to be secured and maintained by the PROJECT's designers and contractors as CLIENT deems adequate to indemnify CLIENT, LABORATORY, and other concerned parties, against claims for damages and to insure compliance of work performance and materials with PROJECT requirements. 4.3 Worker's Compensation ($500,000 per incident limit), Comprehensive General Liability ($1,000,000 limit per occurrence), and Comprehensive Automobile Liability ($1,000,000 combined single limit, per accident) Insurance coverage(s) will be provided. Any additional insurance requirements will be negotiated and reimbursed to ENGINEER. 4.4 ENGINEER agrees to indemnify and save harmless CLIENT, its agents and employees from and against all loss or expense (including court costs and attorneys fees) for personal injury including death at any time resulting therefrom sustained by any person or persons or on account of damage to property (other than property of CLIENT or construction work in progress, for which CLIENT assumes responsibility) if and to the extent arising out of the negligence of ENGINEER. The parties hereby waive and shall require their insurers to waive subrogation against the other under any applicable policies of insurance, 5.t) PAYMENT 5.1 CLIENT will pay ENGINEER for services and expenses in accordance with the attached fee schedule incorporated herein for all purposes as Exhibit B. ENGINEER's invoices will be presented monthly and will be paid by CLIENT within thirty (30) days of receipt by CLIENT or his authorized representative. 5.2 ENGINEER shall be paid in full for all services under the Agreement, including any overruns of CLIENT's contract or any unforeseen need for ENGINEER's services exceeding original contract requirement provided that ENGINEER obtain permission from CLIENT prior to performing additional services which exceed the Services in the Agreement. CLIENT shall make payment for such services irrespective of any claim for 4 Vol. 1 5 - 5 pg. 1,14 compensation for additional work conducted. Any such claim shall in no respect delay payment of fees for services performed by ENGINEER. Failure of CLIENT to pay ENGINEER shall entitle ENGINEER to file a Mechanic's and Materialman's Lien on Project property. 6.0 EXTENT OF AGREEMENT 6.1 This Agreement, including these terms and conditions, represents the entire agreement between CLIENT and ENGINEER and supersedes all prior negotiations, representations or agreements, written or oral. The Agreement may be amended only by written instrument signed by CLIENT and ENGINEER. 7.0 APPLICABLE LAW 7.1 This Agreement shall be governed by the laws of the State of Texas. Any disputes that arise from this Agreement shall be resolved in a Texas venue. 8.0 WARRANTY 8.1 ENGINEER shall perform its Services hereunder on professional effort basis, consistent with generally accepted industry standards, or in the absence of generally accepted industry standards, consistent with reasonable engineering practice. ENGINEER's liability in the event of defect, error, omission, or failure (collectively called "Defect ") in any of Engineer's Services under this AGREEMENT shall be limited to Defects to the extent arising out of its sole negligence and further limited to the correction of Defects in ENGINEER's original Services, by ENGINEER reperforming the defective portion of the Services without additional costs to the CLIENT, provided Engineer is notified by Client in writing of such Defect within one (1) year after completion of ENGINEER's Services or completion of project under this AGREEMENT, and such notice specifically includes a request for reperformance. However, ENGINEER shall not be liable for any other costs, including but not limited to, replacement materials, equipment, or labor incurred by CLIENT in connection with the correction of any such Defects. 8.2 ENGINEER's work product (including, but not limited to, a geotechnical report or "REPORT ") pertains solely to the PROJECT for which it is prepared. Such REPORT is based upon the geotechnical investigation of the particular site for the PROJECT, and its findings and recommendations may not be generally or specifically applied to any other project. 9.0 INDEMNITY 9.1 Should the REPORT be used in conjunction with any project other than the PROJECT at issue in this Agreement, CLIENT shall defend, indemnify and hold harmless ENGINEER from and against any claims, demands, suits, causes of action, losses, damages, liabilities, fines, penalties and costs (including attorneys' fees, costs of litigation and investigation and other costs associated therewith) arising in any way from such use of the REPORT. 5 Vol. 1 5.5 pg. `-2 -S 9.2 Should CLIENT or OWNER (or any agent or subcontractor of either) fail to follow ENGINEER's written plans and/or recommendations regarding any aspect of the PROJECT (including, but not Limited to, a geotechnical report or "REPORT "), CLIENT shall defend, indemnify and hold harmless ENGINEER from and against any claims, demands, suits, causes of action, losses, damages, liabilities, fines, penalties and costs (including attorneys' fees, costs of litigation and investigation and other costs associated therewith) arising in any way from the PROJECT or from any services provided by ENGINEER in connection with the PROJECT. 10.0 CONSEQUENTIAL DAMAGES 10.1 Notwithstanding anything in this Agreement to the contrary, it is agreed that ENGINEER shall not be liable in any event for any indirect, special, incidental, or consequential damages suffered by CLIENT and arising out of the Services performed hereunder. Indirect, special, incidental, or consequential damages as used herein shall include, but not be limited to loss of capital, loss of product, loss of profit, loss of use of any system or other property or any other indirect, special, incidental, or consequential damages, whether arising in contract, tort (including negligence and strict liability), warranty, statute, or otherwise. 11.0 LIMITATIONS 11.1 Liabilities, obligations, warranties, and remedies of the parties are exclusively those expressly set forth in this AGREEMENT and in lieu of any others available at law or otherwise. No other liabilities, obligations, or warranties are either expressed or implied. Releases from liability and limitations of liability set forth in this AGREEMENT shall apply notwithstanding the fault, negligence, or strict liability of the party released or whose liability is limited, and shall extend to the directors, officers employees, partners agents, and affiliated companies of such party. 12.0 INDEPENDENT CONTRACTOR 12.1 In the performance of Services hereunder, ENGINEER shall act as an independent contractor, maintaining full and complete control over its employees. 13.0 FORCE MAJEURE 13.1 Neither CLIENT nor ENGINEER, including ENGINEER's subcontractors, if any, shall be liable for any delay in or failure of performance hereunder due to labor disputes, fires, accidents, acts of God or nature, or any other cause beyond the reasonable control of such party whether listed herein or not. Events of force majeure shall extend the payment schedule set forth in the Proposal by a time period equal to the time of the delay. 14.0 NOTICES 6 Pg. VOL �� / 14.1 Any notice required or permitted to be given hereunder shall be given in writing to the other party either personally or by certified mail, return receipt required, facsimile, or by a recognized overnight courier (e.g., Federal Express), addressed as indicated on the cover page of this Agreement. 14.2 Any notices sent by mail shall be effective upon receipt. Each party shall notify the other of any change of address in writing in the manner stated above. 15.0 TERM OF AGREEMENT 15.1 This Agreement will remain in effect for Services provided through December 31, 2012. After that date, this Agreement will be subject to review and as a result of this review may be modified or revised with the mutual consent of both parties. 15.2 Should CLIENT breach any provision of this Agreement (including, but not limited to, any indemnity provision), ENGINEER shall recover from CLIENT all attorney fees, costs and expenses arising from such breach. CLIENT hereby waives the thirty (30) day notice requirement set forth in Chapter 38 of the Texas Civil Practice and Remedies Code. IN WITNESS WHEREOF, CLIENT AND ENGINEER have caused this AGREEMENT to be executed by their duly authorized officers. Brazos County of Texas By: Title: 7 Date: Terracon Consultants, Inc. W Title: Office Manager Date: December 12, 2011 7 VOL —L.. -- Pg• EXHIBIT A Irerracon Typical Scope of Services for Construction Materials Observation and Testing The proposed scope of services provided by Terracon Consultants, Inc. (Terracon) is described below. The purpose of these services is to observe various components of the construction and conduct specific tests to determine whether or not the materials and construction comply with the project requirements. These services are designed to provide a level of quality assurance (QA) for the client and are not intended to replace quality control tests and procedures required bythe contractors and their suppliers. Terracon requires a complete set of construction plans and specifications approved for construction and any addenda or revisions approved during the construction process that would affect the construction related to the requested QA services. The Terracon scope of services may not meet all of the project requirements for construction observation and testing if the client retains Terracon to provide a lesser extent of services. The contractor has the responsibility to be familiar with the project requirements and to contact Terracon a minimum of 24 hours (one business day) prior to the time our services will be required. We can not be responsible for providing specified services if the client does not authorize Terracon to provide the services or if the contractor does not provide adequate notification for our scheduling purposes. Terracon will provide construction observations and testing services requested by the client as described in our "Scope of Services" in general accordance with the normal standard of care. Our scope of services does not include any design, design review, construction safety, trench safety, construction supervision, or construction management services. Terracon personnel do not have the responsibility or authority to stop the contractor's work, or to accept or reject any construction materials orworkmanship, even if they do not comply with the project requirements. A brief summary of scope of services that Terracon typically provides is shown below. Earthwork -This item refers to placement and compaction of fill within the building limits, structural retaining walls, etc. The Terracon scope of services includes sampling and testing of soils, periodic observation of earthwork operations, and moisture and density testing of subgrade and compacted fills. Concrete - This item refers to structural concrete for the building foundation, columns, footings, slabs, tilt - walls, retaining walls, etc. The Terracon scope of services includes monitoring of concrete during placement for structural elements, sampling concrete, and conducting slump and concrete compressive strength tests. Terracon personnel do not have the authority to accept or reject concrete even if it does not comply with the project specifications. The contractor has the responsibility to reject concrete that does not comply with the specifications or is unsuitable for use. 3. Bolts Installed in Concrete - This item refers to anchor bolts for columns, walls, etc. The Terracon scope of services includes verification of bolt diameter, length, shape, and embedment in concrete. The contractor has the responsibility to schedule this observation prior to placement of concrete. In those cases where anchor bolts are drilled and epoxied into existing concrete foundations, Terracon should be contacted to be present during installation of the bolts in order to verify the bolt hole size, depth, and cleanliness as well as the application of epoxy and installation of bolts. 4. Reinforcing Steel and Pre - Stressing Steel - This item refers to both rebar and post - tensioning tendons. The Terracon scope of services includes verification of the reinforcing steel size, spacing, and configuration prior to concrete placement. Our services related to post - tensioning include observation of the tendon installation before concrete placement, monitoring of the stressing operations and measurement and reporting of tendon elongations. The design engineer is responsible for evaluating tendon elongations /stressing for compliance with the plans and specifications. 5. Structural Welding - This item refers to structural steel welding, welding of tilt -wall panel connections, roof decks, etc. The Terracon scope of services includes visual observations of field welds and random verification of weld sizes. Weld slag should be removed from all field welds prior to scheduling the weld observation. The contractor has the responsibility to schedule these services in a timely manner such that full access is available to all welds. 6. High Strength Bolting - This item refers to structural steel bolted connections that have torque requirements. The Terracon scope of services includes visual observations of bolted connections and verification of tightness of randomly selected bolts with a torque wrench. 7. Structural Masonry - This item refers to concrete masonry unit wall construction for load- bearing walls and walls exposed to wind loads. The Terracon scope of services includes visual observation of reinforcing steel placement for both vertical and horizontal reinforcing steel and observation of grout placement in vertical cells and horizontal bond beams. The sequence of construction may require that these services be provided on a full -time basis during masonry construction in order to have the opportunity to verify all reinforcing steel and grout placement. Our scope of services also includes periodic sampling and compressive strength testing of mortar, grout, and masonry blocks when required by the project specifications and requested by the client. The contractor is responsible for scheduling observations as frequently as necessary for observation of all reinforcing steel and grout placement. 8. Spray - Applied Fireproofing -This item refers to visual observation of the completed spray - applied fireproofing for structural steel elements. The Terracon scope of services also includes thickness measurements of the spray- applied fireproofing at randomly selected locations on each type of structural steel member. 9. Drilled Piers - This item refers to continuous observation of the construction of all deep foundation systems. The Terracon scope of services includes verification of pier diameter, depth, bearing stratum, and reinforcing steel. Our scope also includes sampling and compressive strength testing of concrete used in the construction of piers. 10. Asphalt - The Terracon Scope of services includes observation of the asphalt paving operations, sampling asphalt and conducting field and laboratory tests. These services may be provided on a part-time or full -time basis as authorized by the client. 11. Pavement Base - The Terracon scope of services includes observation of pavement base placement and compaction, sampling base material, and conducting field and laboratory tests. These services may be provided on a part -time or full -time basis as authorized by the client. 12. Chemical Treated Subgrade —The Terracon scope of services includes observation of subgrade treatment and mixing observations, sampling of treated subgrade materials and conducting field and laboratory tests. NIOL___J�5'�Pg-_ EXHIBIT B Irerracon Brazos County 2012 Summary Fee Schedule Technician, Regular....... ........................_................................ ............................... ' $40.00 /hour Technician, Senior .................................................................. ............................... ' $45.00 /hour Laboratory Supervisor ............................................................ ............................... $75.00 /hour AWS Certified Welding Inspector .......................................... ............................... ° $80.00 /hour Project Manager /Field Engineer ............................................. ............................... $100.00 /hour Senior Project Manager .......................................................... ............................ . .. $110.00 /hour VehicleCharge ...................................................................... ............................... $40.00 /day Atterberg Limits Determination (LL, PL) ................................. ............................... $45.00 /test Percent Passing No. 200 Sieve ( soils) .................................... ............................... $18.00 /test Moisture Content Determinat ion ............................................. ............................... $6.00 /test Standard Proctor (ASTM D 698) ............................................. .......................I....... $145.00 /each Standard Proctor (ASTM D 698, Method C) ........................... ............................... $205.00 /each Modified Proctor (ASTM D 1557) ........................................... ............................... $165.00 /test Modified Proctor (ASTM D 1557, Method C) ......................... ............................... $225.00 /each TxDOT Proctor (Tex-11 3-E) .................................................... ............................... $210.00 /each TxDOT Proctor ( Tex - 114- E) .................................................... ............................... $160.00 /each pH (by meter) .. ............................................. ............................... ... .................... . $30.00 /each SieveAnalysis ....................................................................... ............................... $70.00 /each Wet Ball Mill (Tex- 116 -E) ........................................................ ............................... $150.00 /each Asphalt Content by ignition (including gradation) .................... ............................... $135.00 /each Hveem Stability (ASTM D 1560) (already mixed) (Set of 3) .... ............................... $145.00 /set Theoretical Maximum Specific Gravity .................................... ............................... $90.00 /test Marshall Stability and Flow (Set of 3) ...................................... ............................... $145.00 /set Bulk Specific Gravity (Set of 3) .............................................. ................_.............. $45,00 /set Core Density and Thickness (field cut) ............................. ..._. ......... ....................... 2$35.00 /each Compressive Strength of Cylinder .......................................... ............................... 3 $60.00 /set Additional Compressive Strength of Cylinder .......................... ............................... $15.00 /each Plastic Unit Weight of Freshly Mix Concrete ........................... ............................... $15.00 1each Nuclear Density and Moisture Measuring Field Test ............. ............................... $75.00 /day Lime or Base Depth Checks ................................................. ....... ........................ 2 $10.00 /each Field or Laboratory Gradation of Lime Treated Soils ............. ............................... 2 $25.00 /each An overtime premium of 1.5 times the hourly rate will apply for services provided Monday through Friday that are in excess of 8 hours per day and for services provided before 7.00 AM and after 6:00 PM, as well as for services provided on Saturday, Sunday and Terracon recognized Holidays. Minimum three per hip - 'Set of (5) 4'x8" or (4) 6'x12"- includes Air Content ° Dispatched from the Houston Office (portal-to A 3 -hour minimum charge is applicable to all trips made for performance of testing, observation or consulting services. The minimum charge is not applicable for trips to the project site for sample pickup only or project management. Rates and services not listed within this Fee Schedule are available upon request. Rush test results are subject to a surcharge. P 30 Vol. g• BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT: Road & Bridge MEETING DATE: December 20, 2011 SUBJECT: Private Property Access Request permission to enter private property owned by the Frank Merka Estate located on Merka Road for the purpose of clearing and removing trees and brush from drainage channel. Project will also re -shape channel and place rip -rap material for erosion control. This work is being performed for the health, safety and welfare of the general public. Site is located in Precinct 2. County will maintain site only when necessary for continued adequate drainage of roadway. SUBMITTED BY: ?gght lvato Way Age nt 11 This request is "PROVED / DENIED 11 by Commissioners' Court Duane Peters, County Judge DATE: I a I DO // / CC- 2011- PPA -Merka Road -Merka Estate Vol. 5� Pg. I I (.orfirmssioner rICUIR A Z_ t ,�ta of. �'�•T � :Y4a+v 4 T or BRAZOS COUNTY PRIVATE PROPERTY ACCESS FORM E. Duane Peters Brazos County Judge Lloyd Wassermann commiaeioner Pct 1 Sammy Catalena Commissioner Pct. 2 Kanny Mallard Commissioner Pct 3 Irma Csuley Commlasiorrer Pot. 4 I. OWNER(S): Frank Merka Estate c/o Margaret Coleman R. Alan Munger, P.E. County Engineer. Brazos County Road & Bridpe Depl. 2617 Hwy 21 West Bryan, Texas 77603 Ogice 979 - 972 -2127 Fax; 979 - 7754453 amungerQbrazoscountytx. goes Il. ADDRESS: 10523 Saber Court Houston, Texas 77038 -1830 III. LOCATION OF WORK: Merka Road — R13790 A -53, T. M. Splane Survey, Tract 37, 173 acres IV. DESCRIPTION OF WORK: Project will clear and remove trees and brush from drainage channel. The channel will also be re- shaped to improve flow. Rip -rap material will be placed on private property in and along channel for erosion control. This work is being done for the health, safety and welfare of the general public. V. MAINTENANCE: Yes X No IF YES, ESTIMATE FREQUENCY OF MAINTENANCE: County will maintain the site only when necessary for continued adequate drainage of roadway. I (we) the undersigned owner(s) grant permission to Brazos County the ability to access the above mentioned private property for maintenance purposes. r Owner's slanatu : Date: �- t P /CZ�2 Z4 1 1 J Done Jo w. Salvato General Superintendent Right of Way Agent Vol. Pg. BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT: MEETING DATE: SUBJECT: Road & Bridge December 20, 2011 Private Property Access Request permission to enter private property owned by Casey Moore located on Merka Road for the purpose of clearing and removing trees and brush from drainage channel. Project will also re -shape channel and place rip -rap material for erosion control. This work is being performed for the health, safety and welfare of the general public. Site is located in Precinct 2. County will maintain site only when necessary for continued adequate drainage of roadway. SUBMITTED BY: APPROWED BY: '401tgZ J V. Salvato 4 Ca ena Right of Way Agent Commis *oner Precinct 2 This request is V PROVED / DENIED ❑ by Commissioners' Court ILL Duane Peters, County judge DATE: °� r CC- 2011 -PPA -Merka Road -Moore � �� Vol. J -5-5 Pg. 11T 9 "' _ N� ti BRAZOS COUNTY PRIVATE PROPERTY ACCESS FORM E. Duane Peters Brazos County Judge Lloyd Wassermann Commissioner Pct. 1 Sammy Catalena Commissioner Pct. 2 Kenny Mallard Commissioner Pct, 3 Irma Cauley Commissioner Pct. 4 OWNER(S): Casey Moore R. Alan Munger, P.E. County Engineer. Brazos County Road & Bridge Dept. 2617 Hwy 21 West Bryan, Texas 77803 Office: 979 - 822 -2127 Fax: 979 - 775 -0453 amunger@brazoscountox.gov Il. ADDRESS: 6317 Merka Road Bryan, Texas 77808 III. LOCATION OF WORK: Same address as above R29308 — Hollow Heights Lots 1 -4, 3.0 acres IV. DESCRIPTION OF WORK: Project will clear and remove trees and brush from drainage channel. The channel will also be re- shaped to improve flow. Rip -rap material will be placed on private property in and along channel for erosion control. This work is being done for the health, safety and welfare of the general public. V. MAINTENANCE: Yes X No IF YES, ESTIMATE FREQUENCY OF MAINTENANCE: County will maintain the site only when necessary for continued adequate drainage of roadway. I (we) the undersigned owner(s) grant permission to Brazos County the ability to access the above mentioned private property for maintenance purposes. Date: 12- - 1-4- j) J V. Salvato Wight of Way Agent Vol. / p )3 4 General Superintendent BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT: MEETING DATE: SUBJECT: Road & Bridge December 20, 2011 Private Property Access Request permission to enter private property owned by Darold Eberhardt located on Merka Road for the purpose of clearing and removing trees and brush from drainage channel. Project will also re -shape channel and place rip -rap material for erosion control. This work is being performed for the health, safety and welfare of the general public. Site is located in Precinct 2. County will maintain site only when necessary for continued adequate drainage of roadway. SUBMITTED BY: A' VED BY: Jo r. Salvato ammy atalena Right of Way Agent Com ssioner Precinct 2 This request is "PROVED / DENIED ❑ by Commissioners' Court Duane Peters, County Judge DATE: CC -201 I -PPA -Merka Road - Eberhardt Vol. ____ �~� pp 3 9T n T E oh, T F N t t H�7 0f BRAZOS COUNTY PRIVATE PROPERTY ACCESS FORM E. Duane Peters Brazos County Judge Lloyd Wassermann Commissioner Pct. 1 Sammy Catalena Commissioner Pct. 2 Kenny Mallard Commissioner Pct. 3 Irma Cauley Commissioner Pct. 4 I. OWNER(S): Darold Eberhardt R. Alan Munger, P.E. County Engineer. Brazos County Road & Bridge Dept. 2617 Hwy 21 West Bryan, Texas 77803 office: 979 -622 -2127 Fax: 979 - 775 -0453 amunger@brazoscountytx.gov ll. ADDRESS: 6611 Hollow Heights Bryan, Texas 77808 111. LOCATION OF WORK: Merka Road — R29306 Hollow Heights Reserve Tract, 2.235 acres IV. DESCRIPTION OF WORK: Project will clear and remove trees and brush from drainage channel. The channel will also be re- shaped to improve flow. Rip -rap material will be placed on private property in and along channel for erosion control. This work is being done for the health, safety and welfare of the general public. V. MAINTENANCE: Yes X No IF YES, ESTIMATE FREQUENCY OF MAINTENANCE: County will maintain the site only when necessary for continued adequate drainage of roadway. I (we) the undersigned owner(s) grant permission to Brazos County the ability to access the above mentioned private property for maintenance purposes. Owner's Signature Q ���N ~� Date: / 1- i • I / . I L I 4�� Jo o es 1p6 V. Salvato General Superintendent fight of Way Agent Vol. ) 5-5 pg. 13 (rr BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2011 -2012 BUDGET YEAR NO. 11112 12.1 -12.5 On this the 20th day of December 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 20th day of December 2011 the Court heard and approved a budget amendment for the 2011- 2012budget year for Brazos County, Texas; and WHEREAS, expenditure is necessary due to the necessity to meet unusual and unforeseen conditions which could not be reasonably included in the original budget adopted 20 September 2011, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 20th day of December 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 r 7 Vol. � PB• BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 11112 -12.1 FUND DIV ACCT PROD DR1CR ACCOUNT NAME Increase Decrease F 1900 50000100 61130000 CR Contingency 2,000.00 1900 50000100 67203000 DR Minor Computer Hardware 2,000.00 Coun Records Management Reallocation of funds to urchase a com uter and scanner. I o1 7 Leo P BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 11112 -12.2 12/20/2011 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 23100100 61900000 CR Visiting Court Reporters 1,301.00 0100 23100100 51610000 DR Hourly Staff 1,082.00 0100 23100100 53100000 DR Social Security_ 83.00 0100 23100100 53200000 DR Retirement 134.00 0100 23100100 53800000 DR Worker's COMP 2.00 1 CCL ## 2 - Administration Reallocation of funds cover pay for sub -court reporter for November 28 - December 2, 2011. r or r Vol. _ L65 Pg. �3 9- BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 91112 -12.3 12120/2011 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 48046000 DR TJPC -L- Secure Placement 40,000.00 0100 48046100 DR TJPC - Diversionary Placement 50,000.00 0100 91320000 DR Transfer to Grant Fund 90,000.00 3000 49028000 DR Tra nsfer from General Fund 90, 3000 48046500 CR TJPC State Aid 90,000.00 TJPC State Aid TJPC combined carious grants into one Grant A (State Aid). The grant is for expenses related to salary and benefits, and what was Secure Placement and Diversionary Placement are no longer part of the reimbursable expense for State Aid per our contracted amount. Request to move bud eted revenue in Fund 0100 to Fund 3000 for lication of grant expenses Vo l p 140 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 11112 - 12.3 1 212 01201 1 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease_ 0100 48046000 DR TJPC -I.- Secure Placement 40,000.00 0100 48046100 DR TJPC - Diversionary Placement 50,000.00 0100 91320000 DR Transfer to Grant Fund 90,000.00 3000 49028000 DR Transfer from General Fund 90,000.00 3000 48046500 CR TJPC State Aid 90,000.00 TJPC State Aid TJPC combined carious grants into one Grant A (State Aid). The grant is for expenses related to salary and benefits, and what was Secure Placement and Diversionary Placement are no longer part of the reimbursable expense for State Aid per our contracted amount. Request to move budgeted revenue in Fund 0100 to Fund 3000 fora plication of grant expenses. Vol. _,._ ! 55 , 0f, pg BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 11/12 - 12.4 12/20/2011 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 4500 63000500 80203000 _ CR Computer Hardware 4,030.35 4500 63000500 67203000 DR Minor Computer Iardware 4,030.35 Capital Projects Reallocation of funds to the correct account for the Intrusion Prevention Software. Vol. 1 8 '5 Pg• l - BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 11112 -12.5 1212012011 FUND DIV ACCT PROJ DR1CR ACCOUNT NAME Increase Decrease 4500 63000500 80203000 CR Computer Hardware 13 ,395.5 7 4500 63000500 80205000 DR Computer Network Costs 13,395.57 Capital Projects Reallocation of funds to the correct account for the Intrusion Prevention Software. Vol. )'61 Pg. / �'� PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: December 20, 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 Brazos Center Neel, David New Hire Rogers, Jared Resignation District Clerk Dallug, Shelly Juvenile Ramirez, Placinda Rosemond, Carolyn Webb, David SO — Jail Anderson, Randall Bachmeyer, Brian Bradley, LaWonder Brown, Christopher Buttgenbach, Laura Coleman, Lisa Currie, Michael DeJesus, Servando Good, Rebekah Holland, William Mixon, Bradley Neal, Nancy Ortega, Gabriel Vol. ) 5 5 Pg. lqq New Hire Resignation Resignation State Stipend Step Increase Step Increase Step Increase Step Increase Step Increase Step Increase Step Increase Step Increase Step Increase Step Increase Step Increase Step Increase Step Increase PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: December 20, 2011 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Change Requests Rudd, Torri Sweatt, Robert Velasquez, Dennis Warr, Wesley Williams, Lara Step Increase Step Increase Step Increase Step Increase Step Increase Approved in Commissioners' Court: December-2A 2011: County Judge's or Commissioner's Signature: .� (This Copy to be attached to minutes) V01. 15-5 p 114-5 Brazos County Purchasing Department Weekly Update 12109/11 — 12/16/11 Number of PO's Processed: 30 Requisitions Completed: 3 Capital Payments: 5 Projects In Progress ACKNOWLEDGED Construction u Courthouse: Duane Peters ate Phase I & 11 County Judge - 3 rd floor taping and floating in progress 2 "d and 3 rd Floor Remodel - Carpet for DA area installed Blinds to arrive next week Phase III - Demo of 1 st floor jail area in progress - Demo of sidewalk on north side in progress - Work on basement tunnel in progress Bids/ RFP's/ RFQ's Aggregate for Surface Treatment Flexible Base High speed, low volume fans for Expo -Pre Bid Conference Thursday, December 15, Cracked Fuel oil RFQ for Engineer for Pendleton Property RFQ for Surveyor Uniform Rental Network Cabling Parts Janitorial Supplies Renewals - Materials testing I/P - Materials testing I/P - ReSolicitation in Progress 2011 at 2:00pm - Awarded 12113 - Solicitation in progress - Solicitation in progress - Extension sent to Court - Renewal in progress - Solicitations in Progress Materials Testing -Sent to Court Solicitation of Quotes Cleaning of Furniture - Awarded 12/13 Vol. _____1_ _5 pg. I q Other Auction - Purchasing is receiving surplus from departments Sanctuary Courtroom - Additional items installed Purchasing Policy - Reviewing and revising policy Electronic Bid System - Working on sending out notifications to all vendors about bid system - Website is posted on the Brazos County Website under the Purchasing page Assets - Waiting for Asset System to be rolled from FY2011 to FY2012 Vol. .® `� pg. ) 4 -7