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HomeMy WebLinkAbout2012-01-17-4:00PM-REGULAR�yL rU NOTICE OF MEETING P ' j I L BRAZOS COUNTY COMMIS: THE COMMISSIONERS COURT OF BRAZOS COjNTY WILL MEET IN REGULAR SESSION ON JANUARY 17, 2012 AT 4:00 PM IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVE., SUITE 106, BRYAN, TX 77803 1. Invocation and Pledge of Allegiance - Chaplain G.H. Jones and Commissioner Cauley 2. Call for Citizen input and /or concerns. 3. Presentation(s) Presentation reaarding Delinquent Property Tax Collection Activity for the period of September 1. 2011 through December 31, 2011. Consider and take action on agenda items 4 -16: 4 Proclamations 12 -001 through 12 -010 in recognition of the following outstanding citizens who have made slanificant contributions to the Brazos Valley African American Museum and this community: • a. Linda Smith Asberry • b. Rev. Georae Beckworth, Sr. • c. Kathy Jackson- Beckworth • d. Felicia Carter Benford • e. Elizabeth Anne Boykin • f. Judy LeUnes • g. Barbara Moore • h. Tiana M'Chelle Owens • i. Dr. Nancy S. Self • i. Lance Jackson 5 Reguest from the Information Technology Department for out -of -state travel for Ericka Iselt and Eric Caldwell to attend the Laserfiche 2012 Conference In Anaheim, CA. Dates of travel are January 24 - 27, 2012. Vol. Pg. t BRAZOS COUNTY BRYAN,TEXAS 6, Authorize the County Judge and County Auditor to sign the Emeraencv Management Performance Grant (EMPG) Application. 7, Concession agreement with Bailey Concessions for the selling of food and beverages at the Expo Complex. g, Maintenance Agreement with Ikon for eight (8) County owned copiers for $237.42/ month. g. Renewal of bid contract 2012 -20R Fence Building with Hovorak Fence Construction. 10. Award of Bid # 2012 -05 Janitorial Supplies to Ray Criswell. 11. Reguisition # 00036854 to CMI Inc in the amount of $650.00 for the purchase of a new Intoxilyzer for the Brazos County Jail. 12, Request for Verizon Communications to construct a 50 ft. road bore and approximately 314 ft. of bui 18, Request approval for the acceptance of Special Warranty Deed from Paul C. Patranella, Jr. and Laura C. Patranella for 017 acres of land to be used for improvements to Bickham Cemetery Road located in Precinct 2. 14. Budget Amendments. Budget Amendments FY 11/1215.1 -15.5 15. Personnel Change of Status. Personnel Action Forms 16. Payment of Claims. 17, Acknowledgement of the Monthly Reports submitted in December 2011. 18. Acknowledgement of the Brazos County Purchasing Department Update for the week of January 6. 2012 thru January 12, 2012. 19. Acknowledgement of the Brazos County Expo FY 2012 First Quarter Sales and Marketing Report. 20. Sheriff's report on inmate population. 21. Announcement of interest items and possible future agenda topics. 22. Call for Citizen input and /or concerns. 23. Adjourn. Vol. Pg. PUBLIC COMMENTS Public Comment during the Commission Meeting may be for all matters, both on and off the agenda, and be limited to four minutes per person. Persons are invited to submit comments in writing on the agenda items and /or attend and make comment at the Commission meeting. Members of the public are reminded that the Brazos County Commissioners Court is a Constitutional Court, with both judicial and legislative powers, created under Article V, Section 1 and Section 18 of the Texas Constitution. As a Constitutional Court, the Brazos County Commissioners Court also possesses the power to issue a Contempt of Court Citation under Section 81.024 of the Texas Local Government Code. Accordingly, members of the public in attendance at any Regular, Special and /or Emergency meeting of the Court shall conduct themselves with proper respect and decorum in speaking to, and/or addressing the Court; in participating in public discussions before the Court; and in all actions in the presence of the Court. Those members of the public who are inappropriately attired and /or who do not conduct themselves in an orderly and appropriate manner will be ordered to leave the meeting. Refusal to abide by the Court's Order and /or continued disruption of the meeting may result in a Contempt of Court Citation. It is not the intention of the Brazos County Commissioners Court to provide a public forum for the demeaning of any individual or group. Neither is it the intention of the Court to allow a member (or members) of the public to insult the honesty and/or integrity of the Court, as a body, or any member or members of the Court, or County employees, individually or collectively. Accordingly, profane, insulting or threatening language directed toward the Court and /or any person in the Court's presence and /or racial, ethnic or gender slurs or epithets will not be tolerated. Violation of these rules may result in the following sanctions: 1. cancellation of a speaker's time; 2. removal from the Commissioners Court; 3. a Contempt Citation; and/or 4. such other and/or criminal sanctions as may be authorized under the Constitution, Statutes and Codes of the State of Texas. The County Commissioners Court can deliberate or take action only if a matter has been listed on an agenda 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. 5� Pg BRYANJEXAS MINUTES January 17, 2012 BRAZOS COUNTY COMMISSIONERS COURT REGULAR MEETING Signature Page 1- 17.pdf File Stamped Agenda.ndf Sign in sheet.odf A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Brazos County Commissioners Courtroom in the Administration Building, 200 South Texas Avenue, in Bryan, Brazos County, Texas, beginning at 4:00 p.m. on Tuesday, January 17, 2012 with the following members of the Court present: Duane Peters, County Judge, Presiding; Lloyd Wassermann, Commissioner of Precinct 1; Sammy Catalena, Commissioner of Precinct 2; Kenny Mallard, Commissioner of Precinct 3; Irma Cauley, Commissioner of Precinct 4; Karen McQueen, County Clerk. The attached sheets contain the names of the citizens and officials that were in attendance. Invocation and Pledge of Allegiance - Chaplain G.H. Jones and Commissioner Cauley 2. Call for Citizen input and /or concerns. There was no citizen's input. 3. Presentation(s) Vol. 15 r�.� ---- BRAZOS COUNTY Presentation regarding Delinquent Property Tax Collection Activity for the period of September 1, 2011 through December 31, 2011. The Court heard a presentation of the quarterly delinquent tax report presented by Shelburne Veselka, representative of McCreary, Veselka, Bragg & Allen, P.C. Attorneys at Law Consider and take action on agenda items 4 - 16: 4. Proclamations 12 -001 through 12 -010 in recognition of the following outstanding citizens who have made significant contributions to the Brazos Valley African American Museum and this community: Item 4.pdf • a. Linda Smith Asberry • b. Rev. George Beckworth, Sr. • c. Kathy Jackson - Beckworth • d. Felicia Carter Benford • e. Elizabeth Anne Boykin • f. Judy LeUnes • g. Barbara Moore • h. Tiana M'Chelle Owens • i. Dr. Nancy S. Self • j. Lance Jackson Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . 5. Request from the Information Technology Department for out -of -state travel for Ericka Iselt and Eric Caldwell to attend the Laserfiche 2012 Conference in Anaheim, CA. Dates of travel are January 24 - 27, 2012. Item 5.pdf Approved as submitted. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard , Peters , Wassermann. 6. Authorize the County Judge and County Auditor to sign the Emergency Management Performance Grant (EMPG) Application. Item 6 Part 1.pdf Item 6 Part 2.pdf Item 6 Part 3.pdf Item 6 Part 4.pdf This is an annual application for program funding. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard , Peters , Wassermann . 7. Concession agreement with Bailey Concessions for the selling of food and beverages at the Expo Complex. Item 7 Part 1.pdf L-) Item 7 Part 2.pdf Term of the agreement is for the period of 12 months beginning January 1, 2012 and VOL- 15,1e —Pg.—,5 with two (2) one year options to renew. A copy of the agreement is attached. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley , Mallard , Peters , Wassermann . 8. Maintenance Agreement with Ikon for eight (8) County owned copiers for $237.42/ month. Item 8.pdf The copiers are for the following offices: Tax Office Sanctuary Courtroom Constable, Precinct 1 County Court at Law #2 County Court at Law #1 Information Technology Veterans Services Jury Services Expo Center Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann. 9. Renewal of bid contract 2012 -20R, Fence Building with Hovorak Fence Construction. 10 Item 9.pdf All terms, conditions and pricing shall remain the same. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann . 10. Award of Bid # 2012 -05 Janitorial Supplies to Ray Criswell. Item 10.pdf A copy of the bid tabulation is attached. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley , Mallard , Peters , Wassermann . 11. Requisition # 00036854 to CMI, Inc in the amount of $650.00 for the purchase of a new Intoxilyzer for the Brazos County Jail. Item 11.pdf Approved as submitted. Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard , Peters, Wassermann . 12. Request for Verizon Communications to construct a 50 ft. road bore and approximately 314 ft. of buried cable installations in the right of way of Elmo Weedon Road; cable will be placed at a minimum depth of 30 inches. Site is located in Precinct 2. Item 12.pdf Vo 1. __I 5 pg-__-__ (P-- Approved as submitted. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley , Mallard , Peters , Wassermann . 13. Request approval for the acceptance of Special Warranty Deed from Paul C. Patranella, Jr. and Laura C. Patranella for 0.17 acres of land to be used for improvements to Bickham Cemetery Road located in Precinct 2. Item 13.Ddf Approved as submitted. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley , Mallard , Peters , Wassermann . 14. Budget Amendments. Budget Amendments FY 11 /12 15.1 -15.5 Item 14.gdf 15.1 Reallocate funds for Road and Bridge 15.2 Reallocate funds for Road and Bridge 15.3 Set up budget for Homeland Security Grant 15.4 Transfer funds from General Fund Contingency to County Court at Law #1 15.5 Transfer funds from General Fund Contingency to Information Technology Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley , Mallard , Peters , Wassermann . 15. Personnel Change of Status. Personnel Action Forms Item 15.Qdf A copy of the Personnel Change of Status Request is attached. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann . 16. Payment of Claims. Claims Sheet.odf ID BILL LIST 1.17.11.odf Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters , Wassermann . 17. Acknowledgement of the Monthly Reports submitted in December 2011. Item 17.odf The Court acknowledged receipt of the Extension Service reports for December 2011 and acknowledged receipt of reports from the following County and Precinct Offices showing revenues collected and remitted to the County Treasurer: 61� County Clerk District Clerk Justice of the Peace Precinct 1 Justice of the Peace Precinct 2, Place 1 Justice of the Peace Precinct 2, Place 2 Justice of the Peace Precinct 3 Justice of the Peace Precinct 4 Constable, Precinct 1 Constable Precinct 2 Constable Precinct 3 Constable Precinct 4 Road & Bridge Sheriff 18. Acknowledgement of the Brazos County Purchasing Department Update for the week of January 6, 2012 thru January 12, 2012. Item 18.edf The Court acknowledged receipt of the Purchasing Department weekly update. 19. Acknowledgement of the Brazos County Expo FY 2012 First Quarter Sales and Marketing Report. Item 19.pdf The Court acknowledged receipt of the Expo 2011 -2012 First Quarter Report. 20. Sheriff's report on inmate population. Wayne Dicky stated there were 523 inmates in jail, 75 have electronic monitors and 2 are pending for monitors. 21. Announcement of interest items and possible future agenda topics. There were no announcements. 22. Call for Citizen input and /or concerns. Eric Caldwell, Chief Information Officer spoke on the issues with the phone system. Today's issues appear he said to be on the Verizon side and they are working to correct them. 23. Adjourn. poi. 15 4 -- Ie.® x_... The foregoing minutes of the Commissioners Court meeting held January 17, 2012 have been examined and are approved in open Court this � -"-) day of 2012, in Bryan, Brazos County, Texas. Duane Peters Lloyd Wassermann Commissioner, Precinct 1 1 Kenny Mallar Commissioner, Vrecinct 3 Attest: t i Kare McQueen County Clerk Vol 15 �P Page C I County Judge BRAZOS COUNTY COMMISSIONERS COURT Meeting a PAGE I of Z- v®i. / 5 pg. _/ . f ill �/. a , LW ff. PAGE I of Z- v®i. / 5 pg. _/ . BRAZOS COUNTY COMMISSIONERS COURT Meeting 4 2::J � �u / Name Organization / Department U U N 4dA 8 V4>i-- r PAGE Z of pg. . 61� iF Proclamation Hm oring Elizabeth .Anne Boykin In .Appreciation Signifi of 3fer Contributions to t he Brazos `Vaffey ,African ,American .Museum Whereas The African American National Historical Society and the Brazos Valley African American Museum are pleased to recognize ten (10) outstanding citizens who have made significant contributions to the Brazos Valley African American Museum and to this community; and - Whereas The Brazos Valley African American Museum was dedicated and celebrated its grand opening on July 22, 2006 thanks in large part to the efforts, contributions and prayers of these outstanding citizens; and Whereas The Museum's membership started with over 50 citizens upon the grand opening of its doors; and Whereas The Museum continues to welcome new members of all races, creeds and ethnicities who have an appreciation for the wealth of diversity in the Brazos Valley now and throughout its history; and 'Whereas The Museum showcases through art exhibits the works of talented local artists, and offers educational enrichment programs to the general public. xaw, Therefore, Be It Proclai that the Commissioners Court of Brazos County, Texas does hereby recognize Elizabeth Anne Boykin in appreciation of his significant contributions to the Brazos Valley African American Museum in Bryan, Texas. PrOC&iMedthis 17th day of January, 2012 in Bryan, Brazos County, Texas. Duarte Peters County Judge Commissioner Lloyd Wassermann Aommiss her Sammy Catalena P cinct 1 J " Commissioner y Mallard Commiss' rma ey Precinct 3 Precinct 4 12 -005 VOL — / 54, p / aq OOOPF— -7q) , Proclamation Honori .Cirufa Smith Asderry In Appreciation of Her Significant Contributions to the Brazos `latTey .African .American Nuseum "Whereas The African American National Historical Society and the Brazos Valley African American Museum are pleased to recognize ten (10) outstanding citizens who have made significant contributions to the Brazos Valley African American Museum and to this community; and - Whereas The Brazos Valley African American Museum was dedicated and celebrated its grand opening on July 22, 2006 thanks in large part to the efforts, contributions and prayers of these outstanding citizens; and -Whereas The Museum's membership started with over 50 citizens upon the grand opening of its doors; and - W`tereas The Museum continues to welcome new members of all races, creeds and ethnicities who have an appreciation for the wealth of diversity in the Brazos Valley now and throughout its history; and - Wfiereas The Museum showcases through art exhibits the works of talented local artists, and offers educational enrichment programs to the general public. Now, Tfi�erefore, Be it Proefaimed that the Commissioners Court of Brazos County, Texas does hereby recognize Linda Smit Asberry in appreciation of his significant contributions to the Brazos Valley African American Museum in Bryan, Texas, Procfaimed 17th day of January, 20012 jBan, Brazos County, Texas. Duane Peters County Judge i kf Commiss4oner Lloyd Wassermann Precinct 1 Commissioner K y Mallard Precinct V®1 a 1 _ 5(4p p / 3 Proclamation Honoring R.ev, George Beckworth, Sr. In .Appreciation of Mis Signif Contributions to the Brazos "Valrey .African .American Museum "Whereas The African American National Historical Society and the Brazos Valley African American Museum are pleased to recognize ten (10) outstanding citizens who have made significant contributions to the Brazos Valley African American Museum and to this community; and - Whereas The Brazos Valley African American Museum was dedicated and celebrated its grand opening on July 22, 2006 thanks in large part to the efforts, contributions and prayers of these outstanding citizens; and - Whereas The Museum's membership started with over 50 citizens upon the grand opening of its doors; and - Whereas The Museum continues to welcome new members of all races, creeds and ethnicities who have an appreciation for the wealth of diversity in the Brazos Valley now and throughout its history; and - Whereas The Museum showcases through art exhibits the works of talented local artists, and offers educational enrichment programs to the general public. Now, `therefore, Be It Proclaimed that the Commissioners Court of Brazos County, Texas does hereby recognize Rev. george Beck-worth, Sr. in appreciation of his significant contributions to the Brazos Valley African American Museum in Bryan, Texas. Procfaimed 17th day of January, 2012 in Bryan s County, Texas. \k Duane Peters County Judge Comm' sioner Lloyd Wassermann Precinct 1 ►� It Commissioner Wny Malls Precinct 3 Sammy Catalena Precinct 4 12 -002 Vol. G Proclamation Honoring ?Cathy ,Jackson- Beciworth In .Appreciation of Her Sign ` ant Contributions to the Brazos 'Valky African American Museum - Whereas The African American National Historical Society and the Brazos Valley African American Museum are pleased to recognize ten (10) outstanding citizens who have made significant contributions to the Brazos Valley African American Museum and to this community; and -Whereas The Brazos Valley African American Museum was dedicated and celebrated its grand opening on July 22, 2006 thanks in large part to the efforts, contributions and prayers of these outstanding citizens; and -Whereas The Museum's membership started with over 50 citizens upon the grand opening of its doors; and - W&reas The Museum continues to welcome new members of all races, creeds and ethnicities who have an appreciation for the wealth of diversity in the Brazos Valley now and throughout its history; and 'Whereas The Museum showcases through art exhibits the works of talented local artists, and offers educational enrichment programs to the general public. Now, Therefore, B e It Pr oc laimedthat the Commissioners Court of Brazos County, Texas does hereby recognize Xathy -Jackson Te4worth in appreciation of his significant contributions to the Brazos Valley African American Museum in Bryan, Texas. Proclaitmed 17th day of January, 2012 in Bryan s County, Texas. -- Duane Peters County Judge �s Comm' sioner Lloyd Wassermann l ? Precinct l Commissioner y Mallard Precinct 3 11 -UU3 VO PU is r N Proclamation H onoring ,Felicia Carter Benford In appreciation of Ner Signf ' ant Contributions to the Brazos 1 African American Nuseum tiYhereas The African American National Historical Society and the Brazos Valley African American Museum are pleased to recognize ten (10) outstanding citizens who have made significant contributions to the Brazos Valley African American Museum and to this community; and -Whereas The Brazos Valley African American Museum was dedicated and celebrated its grand opening on July 22, 2005 thanks in large part to the efforts, contributions and prayers of these outstanding citizens; and `Whereas The Museum's membership started with over 50 citizens upon the grand opening of its doors; and - Whereas The Museum continues to welcome new members of all races, creeds and ethnicities who have an appreciation for the wealth of diversity in the Brazos Valley now and throughout its history; and 'Whereas The Museum showcases through art exhibits the works of talented local artists, and offers educational enrichment programs to the general public_ Now, Therefore, Be It Proefaimed that the Commissioners Court of Brazos County, Texas does hereby recognize Felicia Carter B enford in appreciation of his significant contributions to the Brazos Valley African American Museum in Bryan, Texas. Procliaimedthis 17 day of January, 2012 in Bryan, Brazos County, Texas. Duane Peters County Judge - 1.1.Gf. Commis Toner Lloyd Wassermann ommiss' er y Catalena Precinct 1 2 Commissione nny Mallar Commiss' a uley Precinct 3 Precinct 12 -004 VOL pg,� 1 Proclamation Nonoring lance ,Jackson In .Appreciation o_ f 3{rs Sign " ant Contributions to the Brazos 'Valley .African American Museum - Whereas The African American National Historical Society and the Brazos Valley African American Museum are pleased to recognize ten (10) outstanding citizens who have made significant contributions to the Brazos Valley African American Museum and to this community; and - Whereas The Brazos Valley African American Museum was dedicated and celebrated its grand opening on July 22, 2006 thanks in large part to the efforts, contributions and prayers of these outstanding citizens; and Wireas The Museum's membership started with over 50 citizens upon the grand opening of its doors; and - Whereas The Museum continues to welcome new members of all races, creeds and ethnicities who have an appreciation for the wealth of diversity in the Brazos Valley now and throughout its history; and - Whereas The Museum showcases through art exhibits the works of talented local artists, and offers educational enrichment programs to the general public. Now, Therefore, Be It Proclaimed that the Commissioners Court of Brazos County, Texas does hereby recognize Lance Jackson in appreciation of his significant contributions to the Brazos Valley African American Museum in Bryan, Texas. Procfaimed this 17th day of January, 2012 in Bryan, Brazos County, Texas. Duane Peters County Judg 4MzMdiS;S7i4Qer Co sinner Lloyd Wassermann Sammy Catalena Precinct 1 1:2 Commissioner 4nny MallWd Commissi a a ley Precinct 3 Precinct 4 12 -010 VOI. — 1 Pg. ', f F 1� 1 I j� Proclamation Hmoring Tian M'Cheffe Owens In ,alp predation of Her Significant Contributions to the Brazos tiattey Afric American Museum `Whereas The African American National Historical Society and the Brazos Valley African American Museum are pleased to recognize ten (10) outstanding citizens who have made significant contributions to the Brazos Valley African American Museum and to this community; and Whereas The Brazos Valley African American Museum was dedicated and celebrated its grand opening on July 22, 2006 thanks in large part to the efforts, contributions and prayers of these outstanding citizens; and -Where The Museum's membership started with over 50 citizens upon the grand opening of its doors; and - WhereaS The Museum continues to welcome new members of all races, creeds and ethnicities who have an appreciation for the wealth of diversity in the Brazos Valley now and throughout its history; and VhereaS The Museum showcases through art exhibits the works of talented local artists, and offers educational enrichment programs to the general public. Now, Therefore, Be It Proaraimed that the Commissioners Court of Brazos County, Texas does hereby recognize `Itana N Owens in appreciation of his significant contributions to the Brazos Valley African American Museum in Bryan, Texas. Procfaimedthis 17th day of January, 2012 ro an; Braz s County, Texas. Duane Peters County judge Comm sioner Lloyd Wassermann Precinct 1 Commissioner nny Mall rd Precinct 3 11-UUB Vol. 15 (,e P8. bf Proclamation Honoring Barbara Moore In ,A�preciation of 3fer Signift ant Contributions to the Brazos 'VaC y .African ,American Museum 'Whereas The African American National Historical Society and the Brazos Valley African American Museum are pleased to recognize ten (10) outstanding citizens who have made significant contributions to the Brazos Valley African American Museum and to this community; and 'Whereas The Brazos Valley African American Museum was dedicated and celebrated its grand opening on July 22, 2006 thanks in large part to the efforts, contributions and prayers of these outstanding citizens; and 'Whereas The Museum's membership started with over 50 citizens upon the grand opening of its doors; and 'Whereas The Museum continues to welcome new members of all races, creeds and ethnicities who have an appreciation for the wealth of diversity in the Brazos Valley now and throughout its history; and 'Whereas The Museum showcases through art exhibits the works of talented local artists, and offers educational enrichment programs to the general public. Now, Therefore, Be It Pr oc (aianed that the Commissioners Court of Brazos County, Texas does hereby recognize Barbara Moore in appreciation of his significant contributions to the Brazos Valley African American Museum in Bryan, Texas. P'rocraimedthis 17th day of January, 2012 in B ,_Brazos County, Texas. T�zyanp P Pf'PrC County Jud Comm' sioner Lloyd Wassermann Precinct 1 Commissioner � y Mall a4 Precinct 3 1L - UU / V OL d 51e p 19 Proclamation Honoring ,Judy LeVneS In AppreciaSignificant t on of Her Contributions to the Brazos 1 7 affey .African American .Museum 'Whereas The African American National Historical Society and the Brazos Valley African American Museum are pleased to recognize ten (10) outstanding citizens who have made significant contributions to the Brazos Valley African American Museum and to this community; and - Whereas The Brazos Valley African American Museum was dedicated and celebrated its grand opening on July 22, 2006 thanks in large part to the efforts, contributions and prayers of these outstanding citizens; and Whereas The Museum's membership started with over 50 citizens upon the grand opening of its doors; and 'Whereas The Museum continues to welcome new members of all races, creeds and ethnicities who have an appreciation for the wealth of diversity in the Brazos Valley now and throughout its history; and 'Whereas The Museum showcases through art exhibits the works of talented local artists, and offers educational enrichment programs to the general public. Now, Therefore, Be It Proc(aimed that the Commissioners Court of Brazos County, Texas does hereby recognize Judy LeU?ws in appreciation of his significant contributions to the Brazos Valley African American Museum in Bryan, Texas. Prociaimedthis 17th day of January, 2012 in Bryan, Brazos County, Texas. Duane Peters County Judge tA Comm' sioner Lloyd Wassermann Catalena Precinct1 e 2 Commission y Mallao Commissioner Irm uley Precinct 3 Precinct 4 12 -006 vol.. a Proclamation Honoring Dr. Nancy S. Self In .Appreciation of Her Significant Contributions to the Brazos "Valley .African American Museum "Whereas The African American National Historical Society and the Brazos Valley African American Museum are pleased to recognize ten (10) outstanding citizens who have made significant contributions to the Brazos Valley African American Museum and to this community; and - Whereas The Brazos Valley African American Museum was dedicated and celebrated its grand opening on July 22, 2006 thanks in large part to the efforts, contributions and prayers of these outstanding citizens; and 'Whereas The Museum's membership started with over 50 citizens upon the grand opening of its doors; and 'Whereas The Museum continues to welcome new members of all races, creeds and ethnicities who have an appreciation for the wealth of diversity in the Brazos Valley now and throughout its history; and `Whereas The Museum showcases through art exhibits the works of talented local artists, and offers educational enrichment programs to the general public. Now, Therefore, Be It Procfaimed that the Commissioners Court of Brazos County, Texas does hereby recognize Dr. Nancy S. Se!T in appreciation of his significant contributions to the Brazos Valley African American Museum in Bryan, Texas. Proc(aimedthis 17 11, day of January, 2012 in Bryan, Brazos County, Texas_ Duane Pete County Jud Commfssioner Lloyd Wassermann Precinct 1 Commissioner y Malla Precinct 3 12 -009 Vol. 15 pg. I FISCAL YEAR 2012 EMERGENCY MANAGEMENT PERFORMANCE GRANT APPLICATION 1. APPLICANT NAME (Jurisdiction): Brazos County__ 2. COUNTY: Brazos _ 3. DISASTER DISTRICT: 2D 4. EMPG STATUS: X Current E MPG Pro ram artici ant New EMPG Pro ram applicant 5. PROGRAM PARTICIPANTS: (List all jurisdictions that are participants in your emergency management program. Identify any jurisdictions that have joined or withdrawn from your program in the last year) Brazos County, City of Bryan, City of College Station, City of Kurten, City of Wixon Valley, Texas A &M University 6. CHECKLIST OF APPLICATION ATTACHMENTS: (Seethe FY 2012 Emergency Management Performance Grant fEMPG)Guide for information on completing these forms) X Designation of Grant Officials (TDEM -17B) X Statement of Work & Cumulative Progress Report (TDEM -17A) - This form shall be signed by the EMC X Application for Federal Assistance (TDEM -67) -The Authorized Official shall sign this form X EMPG Staffing Pattern (TDEM -66) - The Authorized Official shall sign this form X EMPG Staff Job Description (TDEM -68) - A current fob description is required for each staff member listed in the FY 2011 EMPG Staffing Pattern (TDEM -66) X FEMA Form 20 -16 Summary Sheet for Assurances & Certifications - Shall be signed by an Authorized Official Attached: X FEMA Form 20 -16A, Assurances — Non - Construction Programs X FEMA Form 20 -16C, Certifications Regarding Lobbying, Debarment, Suspension, & Other Responsibility Matters; and Drug -Free Workplace Requirements X FEMA Form SF LLL, Disclosure of Lobbying Activities - Signed by the Authorized Official required only if the applicant performs lobbying to influence federal actions X Direct Deposit Authorization (form 74 -146) or Application for Payee ID Number (form AP -152) - The Grant Financial Officer shall sign this form X Travel Policy Certification TDEM -69 - The Grant Financial Officer shall sign this form 7. CERTIFICATION: This Application, together with the approved EMP Statement of Work & Cumulative Progress Report (TDEM -17A), constitutes the annual work plan for the emergency ra ga rogram whose pa rticipants are listed above, T undersigne accomplish all dthe Statement of Work &Cumulative agr s Rep. approved t1 Texas Division of Emergency M m n 116112 Authorized Official Date Emerg anagement Coordinator Date ( Orig inal Signature) (Original Signature TDEM USE ONLY 8. APPROVAL: The attached Fiscal Year 2012 Statement of Work & Cumulative Progress Report is approved Assistant DirectoriChief - Date ❑ State Coordinator for Preparedness and Operations 1 utM -1 / 12111 Mail completed forms and application materials to: Grant Coordinator Office of Management and Budget Texas Division of Emergency Management Texas Department of Public Safety PO Box 4087 Austin, TX 78773 -0223 Page 1 of 1 Vol. 1 �54? p a A FISCAL YEAR 2012 DESIGNATION OF EMPG GRANT OFFICIALS APPLICANT NAME (Jurisdiction): Brazos County EMERGENCY MANAGEMENT COORDINATOR* NAME X Mr. Ms, Chuck Frazier Official Mailing Address 110 N. Main St. Suite 100 Bryan, TX 77803 f Daytime Phone Number 979 821 -1010 ! Fax Number (979)393 -9922 E -mail Address cfrazier co.brazos.tx.us GRANT FINANCIAL OFFICER CANNOT BE EMC NAME 0 Mr.X Ms. Katie Conner Title County Auditor Official Mailing Address 200 South Texas Ave. Suite 218 Bryan, TX 77803 Daytime Phone Number 979 361 -4359 Fax Number (979) 361 - 4188 E -mail Address kconner co.brazos.tx.us AUTHORIZED OFFICIAL MAYOR, COUNTY JUDGE, CITY MANAGER NAME X Mr. Lj Ms. Duane Peters Title Brazos County Judge Official Mailing Address 200 South Texas Ave. Suite 332 Bryan, TX 77803 Daytime Phone Number 979 361 -4102 Fax Number (979) 361 -4503 E -mail Address deters co.brazos.tx.us j ultm -178 12111 Page 1 of 1 Vol. 154> P a3 FISCAL YEAR 2012 EMPG STATEMENT OF WORK & CUMULATIVE PROGRESS REPORT APPLICANT NAME (Jurisdiction): Brazos County Document Submitted By Date TDEM Review By Date Statement of Work Chuck Frazier 1/6112 Progress Report #1 Progress Report #2 TASK 1 -WORK PLAN & SEMIANNUAL PROGRESS REPORT Ourjurisdiction will submit an EMPG Application, two Progress Reports, two Staffing X Work Plan Commitment Certifications, and four Quarterly Financial Reports Our jurisdiction has appointed a NIMSCAST point of contact, established a NIMSCAST account, and is 100% compliant with FY 2011 NIMSCAST objectives and metrics ❑ This Progress Report # 1 is being submitted to the TDEM Preparedness Section ❑ Progress Report #1 ❑ First & Second Quarter Financial Reports have been submitted to TDEM Support Services ❑ This Progress Report # 2 is being submitted to the TDEM Preparedness Section ❑ Progress Report #2 ❑ Third & Fourth Quarter Financial Reports have been submitted to TDEM Support Services TASK 2 -LEGAL AUTHORITIES FOR EMERGENCY MANAGEMENT PROGRAM Our jurisdiction will maintain current legal documents establishing our emergency management program X Our NIMSCAST account is 100% compliant with all objectives and metrics X Our TRRN registration completed and resources entered X Our legal documents are current & on file with TDEM; no additional action is required X Work Plan ❑ Our jurisdiction will prepare or update & submit to TDEM: ❑ Commissioner's Court Order # ❑ City Ordinance(s) for: ❑ Updated Joint Resolution dated: ❑ NIMS Adoption dated: ❑ Our NIMSCAST account is 100% compliant with all objectives and metrics ❑ Our TRRN registration completed and resources entered ❑ Progress Report #1 ❑ Our legal documents are current & on file with TDEM, no additional action is required ❑ Our jurisdiction completed & submitted to TDEM: October 1 — ❑ Commissioner's Court Order # March 31 ❑ City Ordinance(s) for: ❑ Updated Joint Resolution dated: ❑ NIMS Adoption dated: ❑ Our NIMSCAST account is 100% compliant with all objectives and metrics ❑ Our TRRN registration completed and resources entered ❑ Progress Report #2 ❑ Our legal documents are current & on file with TDEM, no additional action is required ❑ Our jurisdiction completed & submitted to TDEM: April 1- ❑ Commissioner's Court Order# September 30 ❑ City Ordinance(s) for: ❑ Updated Joint Resolution dated: ❑ NIMS Adoption dated: TDEM -17A Page 1 of 6 12111 Mail completed form to: Grant Coordinator Office of Management and Budget 'texas Division of Emergency Management Texas Department of Public Safety P O Box 4087 Austin, TX 78773 -0223 TASK 3- PUBLIC EDUCATION /INFORMATION X Option 1: Our jurisdiction will conduct 30 hours of hazard awareness activities for local citizens -OR A COMBINATION OF - ❑ Option 2: Ourjurisdiction will prepare & distribute public education /information X Work Plan materials to a substantial portion of the community. In the space below, describe the materials to be distributed: "'You may rovide a combination of both options. ❑ Our jurisdiction completed the following hazard awareness and /or public education /information activities: ❑ Progress Report #1 October 1 — March 31 ❑ Our jurisdiction completed the following hazard awareness and /or public education /information activities: ❑Progress Report #2 April 1 — September 30 TASK 4- EMERGENCY MANAGEMENT PLANNING DOCUMENTS X Our jurisdiction reviewed our emergency management plan & annexes for currency and NIMS compliance X Our emergency management plan and all annexes are current and NIMS compliant X We will develop, update, or change these planning documents: ❑ Basic Plan X Work Plan Annexes: ❑A ❑B ❑C ❑D X -E ❑F X -G ❑H Of ❑J ❑K ❑L ❑M ON X -O ❑P ❑Q X -R ❑S ❑T ❑U ❑V ❑ Other documents: NOTE: Plans & annexes dated prior to September 30, 2005, must be revised or updated this year. All Plans and Annexes must be NIMS compliant. ❑ Our jurisdiction reviewed our emergency management plan & annexes for currency and NIMS compliance ❑ Progress Report 41 ❑ Our emergency management plan and all annexes are current and NIMS compliant ❑ We updated by revision or change these planning documents: October 1 — ❑ Basic Plan Annexes: ❑A ❑B ❑C ❑D ❑E OF ❑G ❑H Of ❑J ❑K ❑L ❑M March 31 ❑N ❑O ❑P ❑Q ❑R ❑S ❑T ❑U ❑V ❑Other documents: Our jurisdiction reviewed our emergency management plan & annexes for currency and NIMS compliance ❑ Progress Report #2 ❑ Our emergency management plan and all annexes are current and NIMS compliant ❑ We updated by revision or change these planning documents: ❑ Basic Plan April 1 — Annexes: ❑A ❑B ❑C ❑D ❑E OF ❑G ❑H ❑I ❑J ❑K ❑I_ ❑M September 30 ON ❑O ❑P ❑Q OR ❑S ❑T ❑U ❑V ❑ Other documents: TDEM -17A 11/10 Page 2 of 6 VOL 15(0 Pg . a5 TASK S-- EXERCISE PARTICIPATION & SCHEDULE X Work Plan Submit the jurisdiction's TEP no later than 60 days after the conduct of the TEP Workshop, or with the EMPG application packagelwork plan 1. Each jurisdiction receiving EMPG funding must: a_ Conduct two (2) discussion - based exercises and one (1) operations -based exercise demonstrating a progressive exercise program. A full -scale exercise must be conducted and evaluated at least every three years. Actual incident response is NOT eligible for substitute exercise credit. Exercise program must he consistent with the principles outlined in the Homeland Security Exercise and Evaluation Program (HSEEP). b. Develop and submit a multi -year Training and Exercise Plan (TEP), not less than three years, to the TDEM Exercise unit. 2. Each individual funded through the EMPG program must actively participate in a minimum of three exercises within the performance period 11/10 TASK 6— TRAINING FOR EMERGENCY MANAGEMENT PERSONNEL ALL EMPG - funded emergency management personnel will participate in the following training during FY 2012; Position/Name Course Name or Number Chuck Frazier, EMC IS -120A, An Introduction to Exercises Chuck Frazier, EMC E -388, Advanced Public Information Officer Course X Work Plan Michele Meade, Deputy EMC L -202, Debris Management Planning Michele Meade, Deputy EMC G -710, Mitigation Planning Course Michele Meade, Deputy EMC G -610, Basic Emergency Management Workshop Emergency management personnel completed the following training and documentation is attached: Position/Name Course Name or Number Date Completed ❑ Progress Report #1 October 1 — March 31 Emergency management personnel completed the following training and documentation is attached: Course Name or Number Date Completed - Position/Name ❑ Progress Report #2 April 1 — September 30 TDEM -17A 11110 Page 4 of 6 Vol. -.1 �p pg. TASK 7— EMERGENCY MANAGEMENT TRAINING FOR OTHER PERSONN X Work Plan Our jurisdiction will conduct or arrange emergency management related training for elected officials, other local officials, & support agencies. The followinj I formal training courses were taught or contracted: Date Course Title I Class Descri tion I # Trained ❑ Progress Report 91 October 1 — March 31 The followin I formal training courses were taught or contracted: Date Course Title Class Description I # Trained ❑Progress Report #2 April 1 — September 30 TASK 8— EMERGENCY MANAGEMENT ORGANIZATIONAL DEVELOPMENT Our jurisdiction will participate in the following emergency management organizational development activities: National Hurricane Conference; Texas Emergency Management Conference; Brazos County L.E.P.C.; Brazos Valley Homeland X Work Plan Security Advisory Committee. Our jurisdiction completed the following staff development activities: ❑ Progress Report #1 October 1 — March 31 Our jurisdiction completed the following staff development activities: ❑Progress Report #2 April 1 — September 30 TDEM -17A 11/10 Page 5 of 6 1 S C� Vol. � fig. APPLICANT NAME: Brazos County REMARKS (Use an Additional Sheet if Necessary) I i i j �k TDEM -17A Paae 6 of 6 11114 V 1 5 ( p Pg °l FISCAL YEAR 2012 APPLICATION FOR FEDERAL ASSISTANCE (Instructions on Reverse) NAME OF PROGRAM/ ASSISTANCE: EMERGENCY MANAGEMENT PERFORMANCE GRANT (EMPG) 1. CFDA NUMBER: 97'x42 2 APPLICANT STATUS: New Applicant ❑ Renewal X 1 FEDERAL FISCAL YEAR; FY 2012 4. START DATE: OCTOBER 1, 2011 5. END DATE: SEPTEMBER 30, 2012 6. APPLICANT INFORMATION a. Legal Name of Applicant Organization (as it appears on the EMPG Application (TDEM -17): Brazos County b. Name & Telephone Number of Emergency Management Coordinator: Chuck Frazier 979 - 821 -1010 c. Mailing Address: 110 N. Main St., Suite 1100 Bryan, TX 77803 Employer Identification Number/Tax ID# 746000433 d. Physical Address (if different from Mailing Address): Same as mailing address i I 7. EMPG PERSONNEL. SUMMARY (include only those staff that will be paid with EMPG funds): a. Number of EMPG Staff &Percentage of Time Worked in Emergency Management Duties: # Staff Percent # Staff Percent # Staff Percent 1) Full Time: 2 100% i 2) Part Time b. Total Number of EMPG- Funded Personnel 8. ESTIMATED EXPENSES: a. Salary & Benefits from line 18, form TDEM -66 144,122 b. Travel Expenses from line 19 form TDEM -66 6,800 c. Other Expenses from section 11 on reverse 73,069 d. Total Expenses A + 8 + C 223,991 e. Federal Share D x .50 111,995.50 9. CERTIFICATION: I certify that to the best of my knowledge and belief this application and its attachments are true and correct. a. Typed Name of Authorized Official: Pyane Peter, b, Title of Authorized Official: kBratqs County Jud c. Original Signature of Authorized Official: d. Date Signed: 1117112 TDEM -67 12(11 Page 1 of 2 Vol. l 5 � P g. � o INSTRUCTIONS 1. Except as indicated below, entries are self - explanatory. 2. Item 7A: Enter the legal name of your jurisdiction. Your entry should match the Applicant Name used on the EMPG Program Application (TDEM -17). 3. Item BA: indicate the number of full -time employees who work specific percentages of time in emergency management duties. Example: 1 staff @ 100 percent, 2 staff @ 50 percent. Also indicate the number of part - time employees. Include only staff members whose salary and benefits will be supported by EMPG funding. The data in this section should agree with the information included on the EMPG Staffing Pattern (TDEM -66)_ 4. Item 10 A, B, & C. This form must be signed by an Authorized Official, who is a person authorized by the governing body of the jurisdiction to apply for grants and accept grants and execute agreement and contracts on behalf of the jurisdiction. Authorized Officials are County Judges, Mayors, and many City Managers — not Emergency Management Coordinators. 11. OTHER ALLOWABLE EXPENSES: Describe the other allowable expenses of your emergency management program that you are requesting be supported by EMPG funding and provide an estimate of the amount of those expenses. These costs must comply with 2 CFR, Part 225, Cost Principles for State. Local, and Indian Tribe Governments (OMB Circular A -87). Salaries and expenses for elected officials are not allowed Any proposed expenditure in the amount of $5,000.00 or more must be listed in this section. Continue on a separate sheet if necessary. Transfer the Total calculated below to line 9c on the front of this form. To determine if an expense is allowable under the EMPG program, refer to the DHS Authorized Equipment List (AEL) available on the Responder Knowledge Base at https :fiwww.rkb.usicontentdetail.cfm ?content id= 210237 &GetAELSELCats =1 You must be a registered user to access this listing. Specific Description of Expense (Descriptions must be specific — do not use broad or general categories, such as operating or administrative expenses Estimated Amount Office Equipment $100 Office Supplies $500 Advertising /Legal Notices $125 Telephone System and Long Distance $3,700 Conference and Seminar Fees $2,000 Professional Fees and Dues $250 Rental and Office Space $58,394 Copier/Printing $400 Subscriptions and Publications (database updates) $1,000 Training $300 Equipment Maintenance $1,350 Office Equipment Maintenance $50 Radio Maintenance $1,400 Computer Contracts (We and Dialogics) $3,500 i Total $73,069 TDEM -67 Page 2 of 2 12111 VOL p g. 3 FISCAL YEAR 2012 EMPG STAFFING PATTERN 1. APPLICANT NAME (as it appears on EMPG Application): Brazos County 2. COUNTY: Brazos 3. FULL -TIME EMPLOYEES (including those who work all or only a portion of their time in erne r en m duti 4. Gross i 5. Gross Annual i Annual Salary Benefits _ _ 6. Gross Salary & Benefits (4 +5) 7.% Work in EM Duties 8. Salary & Benefits for EM (6x7 ) 9. Est. EM Travel Costs Name: Chuck Frazier 60,360 20,856 81,216 1DO% 81,216 $3,400 Positi EMC _ Name: Michele Meade ^— _ I 45,155 17,741 62,896 1D0% 62,896 $3,400 Position: De ut EMC Name: - -- ---- - - - --- Position: Name; Position: Name: Position; Name: Position: A. SUBTOTAL 105,515 38,597 144,112 144,112 $6,800 _......_.._...__........._...-- 10. PART -TIME EMPLOYEES 11. % of Full Time 12. Gross I Annual I Salary 13. Gross , Annual Benefits -- - 14. Gross Salary & Benefits (12 +131 15.% Work in EM Duties 16. Salary & Benefits For EM (14x15) 17. Est. EM Travel Costs Name: Position: Name: _ _..._... Position: Name: Position: Name:. - - Position: _ -- -- _Name: Position: Name: Position: _ B. SUBTOTAL TOTAL Add Subtotals in A & B above -- 18. 144,122 19. 6,800 CERTIFICATION: 1 certify that no individu liste kove hb s an elected o Signature of Authorized Official: Date Signed: 1117/2012 TDEM -66 12(11 Nage I of 1 Vol. Pg• EMPG STAFF JOB DESCRIPTION Jurisdiction Name Brazos County Staff Member Name Chuck Frazier Position Title Emergency Management Coordinator Description Prepared By Brazos County Human Resources Date Prepared May 6, 2009 JOB DESCRIPTION X Current Job Description Attached ❑ See Below A. Provide a general description of the duties performed by this staff member. B. If this staff member performs both emergency management duties and other duties, identify the specific emergency management duties performed. TDEM -68 Retain a copy of this description for future use. 12111 Vol. _ / 5 �> pg. 33 Brazos County Job Description Class No: 1901 Job Title: Emergency Management Coordinator (EMC) Department: Emergency Management FLSA Status: Exempt Pay Group: 21 Reports To: County Judge EEOC Category: Professionals Prepared /Revised Date: May 6, 2009 SUMMARY May be called out at any time to respond to emergencies within Brazos County and to other emergencies requiring a regional response; responds to hazardous material spills as requested to document and monitor cleanup operations and coordinate with state regulatory agencies; identify needed modifications and maintain the interjurisdictional emergency management plan for Brazos County; monitor severe weather situations that could affect Brazos County; perform hazard analysis and hazard vulnerability studies; identify hazard mitigation projects and coordinate hazard mitigation activities; write Emergency Management related grants and reimbursement program requests; prepare departmental budget; prepare the annual work plan for the Emergency Management department; prepare and present public awareness programs; prepare and conduct Emergency Management related training; and serve as liaison between Brazos County and other agencies. ESSENTIAL DUTIES AND RESPONSIBILITIES include the following. Other duties may be assigned. May be called out at any time to respond to emergencies within Brazos County and to other emergencies requiring a regional response; Respond to hazardous material spills as requested to monitor cleanup operations and coordinate with state regulatory agencies; Review and update the interjurisdictional emergency management plan and annexes; Develop the annual work plan for the Emergency Management department; Serve on Brazos County Loss Control Committee and Brazos County Local Emergency Planning Committee; Class No. 1901 (continued) Organize and participate in required exercises and drills; Monitor severe weather systems that could affect Brazos County and coordinates damage assessment as needed; Prepare and submit required reports to the state; Write Emergency Management related grants and reimbursement program requests; Prepare departmental budget; Serve as liaison between county and responder groups, county and city department heads, and volunteer organizations; Maintain file of Tier 11 reports as submitted by hazardous materials storage sites and facilities within Brazos County; Make presentations to schools and service clubs and develop public awareness presentations; Attends training courses and conferences as necessary to further education; and Perform general administrative duties, including making copies, typing letters and memorandums an the computer, filing correspondence and other reports, delivering and picking up printing projects, faxing documents, preparing mailing labels, and obtaining office supplies. SUPERVISORY RESPONSIBILITIES Supervises departmental employee(s), including assigning and reviewing their work and recommending personnel actions. QUALIFICATIONS To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. EDUCATION and /or EXPERIENCE Bachelor's degree in Emergency Management, Public Administration, or a related field, plus two years of emergency management experience; or any equivalent combination of education and experience which provides the required knowledge, skills, and abilities. 2 -L5 &_ Pg 35 Class No. 1901 (continued) KNOWLEDGE OF Supervisory techniques; budgetary techniques; personnel policies and procedures; standard office practices; and emergency management statutes and procedures. SKILLIABILITY TO Supervise and motivate employees; establish and maintain effective working relationships with county employees, representatives of governmental agencies, and the general public; communicate effectively, both orally and in writing; operate standard word processing and spreadsheet software; operate emergency management equipment safely; read, interpret, and develop standard policies and procedures; and analyze and interpret data CERTIFICATES, LICENSES, REGISTRATIONS Valid Texas motor vehicle's license. PHYSICAL DEMANDS The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this jab, the employee is regularly required to sit; use hands to finger, handle, or feel; reach with hands and arms; and talk and hear. The employee frequently is required to stand and walk. The employee must occasionally lift and/or move objects weighing up to 50 pounds, such as emergency management equipment, files, stacks of records, or other similar objects. Specific vision abilities required by this job include close vision, and ability to adjust focus. WORK ENVIRONMENT The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. The noise level in the work environment is usually moderate. The employee must frequently work closely with others as part of a team, perform multiple tasks simultaneously, and change tasks. 3 Vol. EMPG STAFF JOB DESCRIPTION Jurisdiction Name Brazos Coun Staff Member Name Michele Meade Position Title Deputy Emergency Management Coordinator Description Prepared By Brazos Coun Human Resources Date Prepared September 17, 2010 JOB DESCRIPTION X Current Job Description Attached ❑ See Below A. Provide a general description of the duties performed by this staff member. B. If this staff member performs both emergency management duties and other duties, identify the specific emergency management duties performed. TDEM -68 Retain a copy of this description for future use. 12/11 VOL-1 50 Pg. 37 Brazos County Job Description Class No: 1903 Job Title. Deputy Emergency Management Coordinator Department: Emergency Management FLSA Status: Nonexempt Pay Group: 18 Reports To: Emergency Management Coordinator EEOC Category: Professional Prepared /Revised Date: Sept 17, 2010 SUMMARY Assists the Emergency Management Coordinator (EMC) as needed with any or all departmental duties; may be called out at any time to respond to emergencies within Brazos County and to other emergencies requiring a regional response; responds to hazardous material spills as requested to document response actions, monitor cleanup operations and coordinate with state regulatory agencies; assists the EMC with maintenance of the interjurisdictional emergency management plan for Brazos County; monitors severe weather situations that could affect Brazos County; assists the EMC with Emergency Management related grants and reimbursement programs and with distribution of grant - funded equipment to responder agencies; assists the EMC with preparation of the departmental budget; assists the EMC with preparation of the annual worts plan for the Emergency Management department; prepares and presents public awareness programs; prepares and conducts Emergency Management related training; attends meetings with, and in the absence of the EMC; maintains a directory of available resources; and facilitates updates to the database for the emergency notification system and oversees maintenance and operation of the emergency notification system. ESSENTIAL DUTIES AND RESPONSIBILITIES include the following. Other duties may be assigned. Assists the Emergency Management Coordinator (EMC) as needed with any or all departmental duties; May be called out at any time to respond to emergencies within Brazos County and to other emergencies requiring a regional response; Respond to hazardous material spills as requested to document response actions, monitor cleanup operations and coordinate with state regulatory agencies; Vol. I _ � --- Y 6. 3 & Class No. 1903 (continued) Assists the EMC with maintenance of the interjurisdictional emergency management plan for Brazos County; Assists the EMC with preparation of the departmental budget; Assists the EMC with Emergency Management related grants and reimbursement programs; Facilitate updates to the database for the emergency notification system and oversees maintenance and operation of the emergency notification system; Maintain a directory of available resources; Attend training courses and conferences on emergency management; Assists in planning and conducting emergency exercises; Develop and maintain budget spreadsheet to monitor department status; Perform general administrative work, including making copies and faxing documents; May be required to work overtime or irregular hours if necessary. SUPERVISORY RESPONSIBILITIES This is a non - supervisory position. QUALIFICATIONS To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. EDUCATION and/or EXPERIENCE Bachelor's degree in Emergency Management, Public Administration, or a related field, or any equivalent combination of education and experience which provides the required knowledge, skills, and abilities. KNOWLEDGE OF Emergency response actions; personnel policies and procedures; and standard office practices. SKILL/ABILITY TO Establish and maintain effective working relationships with county employees, 2 Vol. ---'• Class No. 1903 (continued) representatives of governmental agencies, and the general public; communicate effectively, both orally and in writing; operate standard word processing and spreadsheet software; and read and interpret emergency management policies and procedures. CERTIFICATES, LICENSES, REGISTRATIONS Valid Texas motor vehicle operator's license. PHYSICAL DEMANDS The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is regularly required to sit; use hands to finger, handle, or feel; reach with hands and arms; and talk and hear. The employee frequently is required to stand and walk. The employee must occasionally lift and /or move objects weighing up to 20 pounds, such as files, stacks of records, or other similar objects. Specific vision abilities required by this job include close vision, and ability to adjust focus. WORK ENVIRONMENT The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. The noise level in the work. environment is usually moderate. The employee must frequently work closely with others as part of a team, perform multiple tasks simultaneously, and change tasks. VOL —15 42 Pg- T"L/ FEDERAL EMERGENCY MANAGEMENT AGENCY O.M.B. No. 3067 -0206 SUMMARY SHEET FOR ASSURANCES AND CERTIFICATIONS Expires February 28, 2007 FOR CA FOR (Name of Applicant) FY 2012 1 Brazos County Emergency Management summary sheet includes Assurances and Certifications that must be read, signed, and submitted as a part of the ication for Federal Assistance. i applicant must check each item that they are certifying to: Part I El FEMA Form 20 -16A, Assurances- Nonconstruction Programs Part II F1 FEMA Form 20 -16B, Assurances - Construction Programs Part III a FEMA Form 20 -16C, Certifications Regarding Lobbying; Debarment, Suspension, and Other Responsibility Matters; and Drug -Free Workplace Requirements Part Iv pX SF LLL, Disclosure of Lobbying Activities (If applicable) the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the identified iched assurances and certifications. Duane Peters County Judge Typed Name of Authorized Representative Title January 17, 2012 Signature of Authorized Representative Date Signed 'E: By signing the certification regarding debarment, suspension, and other responsibility matters for primary covered saction, the applicant agrees that, should the proposed covered transaction be entered into, it shall not knowingly enter any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded i participation in this covered transaction, unless authorized by FEMA entering into this transaction. The applicant further agrees by submitting this application that it will include the clause titled "Certification ;arding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," provided by FEMA Regional Office entering into this covered transaction, without modification, in all lower tier covered transactions in all solicitations for lower tier covered transactions. (Refer to 44 CFR Part 17.) Paperwork Burden Disclosure Notice bIic reporting burden for this form is estimated to average 1.7 hours per response. Burden means the time, effort and ncial resources expended by persons to generate, maintain, retain, disclose, or to provide Information to us. You may I comments regarding the burden estimate or any aspect of the form, including suggestions for reducing the burden Information Collections Management, Federal Emergency Management Agency, 500 C Street, SW, Washington, DC 20472, erwork Reduction Project (3067 - 0206). You are not required to respond to this collection of information unless a valid 3 control number appears in the upper right comer of this form. Please do not send your completed farm to the above FEMA Form 20 -16, FEB 01 vol. �� � _ eg. FEDERAL EMERGENCY MANAGEMENT AGENCY ASSURANCES- NOWCONSTRUCTION PROGRAMS Note: Certain of these assurances may not be applicable to your project or program. If you have any questions, please contact the awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. As the duly authorized representative of the applicant, 1 certify that the applicant: 1. Has the legal authority to apply for Federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non - Federal share of project costs) to ensure proper planning, management and completion of the project described in this application. 2. Will give the awarding agency, the Comptroller General of the United States, and if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal gain. 4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. S. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. Section 4728 4763) relating to prescribed standards for merit systems for programs funded under one of the nineteen statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration) 5 C.F.R. 900, Subpart F). 6. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88 -352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. Sections 1681 -1683, and 1685 - 1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. Section 794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. Sections 6101- 6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92 -255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91 -616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) Sections 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 -dd -3 and 290- ee -3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Acts of 1968 (42 U.S.C. Section 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and 0) the requirements of any other nondiscrimination statute(s) which may apply to the application. 7. Will comply, or has already complied, with the requirements of Title 11 and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L_ 91 -646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or Federally assisted programs. These requirements apply to all interest in real property acquired for project purposes regardless of Federal participation in purchases. 8. Will comply with provisions of the Hatch Act (5 U.S.C. Sections 1501 -1508 and 7324 -7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 9. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. Sections 276a to 276a- 7), the Copeland Act (40 U.S.C. Section 276c and 18 U.S.C. Sections 874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. Sections 327 -333), regarding labor standards for federally assisted construction subagreements. 10. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93 -234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. FEMA Form 20 -16A, JUN 94 Vol. 15 � Pg. IL Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91 -190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. Section 1451 et seq.); (f) conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. Section 7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended, (P.L. 93 -523); and (h) protection of endangered species under the Endangered Species Act of 1973, as amended, (P.L. 93 -205). 12. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. Section 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 13. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), EO 1.1593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a -1 et seq.). 14. Will comply with P.L. 93 -348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 15. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89 -544, as amended, 7 U.S.C. 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. 16. Will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. Section 4801 et seq.) which prohibits the use of lead based paint in construction or rehabilitation of residence structures. 17. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act of 1984. 18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations and policies governing this program. 19. It will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act (29 U.S.C. 201), as they apply to employees of institutions of higher education, hospitals, and other non - profit organizations. FEMA Form 20 -16A (BACK) VOL Yg•� -- FEDERAL EMERGENCY MANAGEMENT AGENCY ASSURANCES- CONSTRUCTION PROGRAMS NOTE: Certain of these assurances may not be applicable to your project or program. If you have any questions, please contact the awarding agency. Further, certain Federal assistance awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. As the duly authorized representative of the applicant, I certify that the applicant: 1. Has the legal authority to apply for Federal assistance, 9. Will comply with the Lead -Based Paint Poisoning and the institutional, managerial and financial capability Prevention Act (42 U.S.C. Sections 4801 et seq.) which (including funds sufficient to pay the non - Federal share of prohibits the use of lead based paint in construction or project costs) to ensure proper planning, management and rehabilitation of residence structures. completion of the project described in this application. 2. Will give the awarding agency, the Comptroller General of the United States, and if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the assistance; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Will not dispose of, modify the use of, or change the terms of the real property title, or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the Federal interest in the title of real property in accordance with awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with Federal assistance funds to assure nondiscrimination during the useful life of the project. 4. Will comply with the requirements of the assistance awarding agency with regard to the drafting, review and approval of construction plans and specifications. 5. Will provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progress reports and such other information as may be required by the assistance awarding agency or state. 6. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 7. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 8. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. Sections 4728 -4763) relating to prescribed standards for merit systems for programs funded under one of the nineteen statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 10. Will comply with all Federal statutes relating to non - discrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88 -352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. Sections 1681 -1683, and 1685 - 1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. Section 794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. Sections 6101 - 6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92 -255), as amended, relating to non - discrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91 -616), as amended, relating to non - discrimination on the basis of alcohol abuse or alcoholism; (g) Sections 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd -3 and 290 ee -3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Acts of 1968 (42 U.S.C. Section 3601 et seq.), as amended, relating to non - discrimination in the sale, rental or financing of housing; (i) any other non - discrimination provision in the specific statute(s) under which application for Federal assistance is being made; and 0) the requirements of any other non - discrimination statute(s) which may apply to the application. 11. Will comply, or has already complied, with the requirements of Title II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91 -646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or Federally assisted programs. These requirements apply to all interest in real property acquired for project purposes regardless of Federal participation in purchase. 12. Will comply with provisions of the Hatch Act (5 U.S.C. Sections 1501 -1508 and 7324 -7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. FEMA Form 20 -168, JUN 94 13. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. Sections 276a to 276a -7), the Copeland Act (40 U.S.C. Section 276c and 1S U.S.C. Section 874), the Contract Work Hours and Safety Standards Act (40 U.S.C. Sections 327 -333) regarding labor standards for federally assisted construction subagreements. 14. Will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93 -234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 15. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91 -190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. Section 1451 et seq.); (f) conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. Section 7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended, (P.L. 93 -523); and (h) protection of endangered species under the Endangered Species Act of 1973, as amended, (P.L. 93 -205). 16. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. Section 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 17. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and preservation of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a -1 et seq.). 18. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act of 1984. 19. Will comply with all applicable requirements of all other Federal laws, Executive Orders, regulations and policies governing this program. 20. It will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act (29 U.S.C. 201), as they apply to employees of institutions of higher education, hospitals, and other non -profit organizations. 21. It will obtain approval by the appropriate Federal agency of the final working drawings and specifications before the project is advertised or placed on the market for bidding; that it will construct the project, or cause it to be constructed, to final completion in accordance with the application and approved plans and specifications; that it will submit to the appropriate Federal agency for prior approval changes that alter the cost of the project, use of space, or functional layout, that it will not enter into a construction contract(s) for the project or undertake other activities until the conditions of the construction grant program(s) have been met. 22. It will operate and maintain the facility in accordance with the minimum standards as may be required or prescribed by the applicable Federal, State, and local agencies for the maintenance and operation of such facilities. 23. It will require the facility to be designed to comply with the "American Standard Specifications for Making Buildings and Facilities Accessible to, and Usable by, the Physically Handicapped," Number At 17. - 1961, as modified (41 CFR 101- 17.703). The applicant will be responsible for conducting inspections to ensure compliance with these specifications by the contractor. 24. If any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the applicant, this assurance shall obligate the applicant, or in the case of any transfer of such property, any transfer, for the period during which the real property or structure is used for a purpose for which the Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. 25. In making subgrants with nonprofit institutions under this Comprehensive Cooperative Agreement, it agrees that such grants will be subject to OMB Circular A -122, "Cost Principles for Non -profit Organizations" included in Vol. 49, Federal Register, pages 18260 through 18277 (April 27, 1984). FEMA Form 20 -16B (BACK) VoL � Yg. 15 FEDERAL EMERGENCY MANAGEMENT AGENCY CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS; AND DRUG -FREE WORKPLACE REQUIREMENTS Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form. Signature on this form provides for compliance with certification requirements under 44 CFR Part 18, "New Restrictions on Lobbying; and 28 CFR Fart 17, "Government -wide Debarment and suspension (Nouprocurement) and Government -wide Requirements for Drug -Free Workplace (Grants)." The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Federal Emergency Management Agency (FEMA) determines to award the covered transaction, grant, or cooperative agreement. 1. LOBBYING A. As required by section 1352, Title 31 of the U.S. Code, and implemented at 44 CFR Part 18, for persons entering into a grant or cooperative agreement over $100,000, as defined at 44 CFR Part 18, the applicant certifies that; (a) No Federal appropriated funds have been paid or will be paid; by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with the making of any Federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement; (b) if any other funds than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or an employee of Congress, or employee of a member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, "Disclosure of Lobbying Activities," in accordance with its instructions; (b) Have not within a three -year period preceding this application been convicted of ar had a civilian judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or perform a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three -year period preceding this application had one or more public t ransactions (Federal, State, or local) terminated for cause or default; and B. Where the applicant is unable to certify to any of the statements in this certification, he or shall shall attached an explanation to this application. 3. DRUG -FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) (c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontract(s) and that all subrecipients shall certify and disclose accordingly. ❑X Standard Form LLL, "Disclosure of Lobbying Activities" attached As required by the Drug -Free Workplace Act of 1988, and implemented at 44 CFR Part 17, Subpart F, for grantees, as defined at 44 CFR Part 17, Sections 17.615 and 17.620: A. The applicant certifies that it will continue to privide a drug - free workplace by: (This form must be attached to certification if nonappropriated funds (a) Publishing a statement notifying employees that the unlawfui are to be used to influence activities.) manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and 2. DEBARMENT, SUSPENSION, AND OTHER specifying the actions tht will be taken against employees for RESPONSIBILITY MATTERS violation of such prohibition; (DIRECT RECIPIENT) As required by Executive Order 12549, Debarment and Suspension, and implemented at 44 CFR Part 67, for prospective participants in primary covered transactions, as defined at 44 CFR Part 17, Section 17.510 -A. The applicant certifies that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by (b) Establishing an on -going drug free awareness program to inform empoyees about: (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug -free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) the penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; Federal department or FEMA Form 20 -16C, JUN 94 (c) Making it a requirement that each employee to be engaged in the performance of the grant to be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant the employee will: (1) Abide by the terms of the statement; and (2) Notify the employee in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction. (e) Notifying the agency, in writing, within 10 calendar days after receiving notice under subparagraph (dx2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to the applicable FEMA awarding office, i.e., regional office or FEMA office. (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency. (g) Making a good faith effort to continue to maintain a drug free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f). S. the grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance (Street address, City, County, State, Zip code) Check Elif there are workplaces on file that are not identified here. (f) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (dx2), with respect to any employee who is so convicted: (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or Section 17.630 of the regulations provide that a grantee that is a Slate may elect to make one certification in each Federal fiscal year. A copy of which should be included with each application for FEMA funding_ States and State agencies may elect to use a Statewide certification. FEMA Form 20-i6C (BACK) I e r �. —±- 2— -Voi. t��k— DISCLOSURE OF LOBBYING ACTIVITIES Approved by OMB Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 0348 -no46 fq. re mp fnr miblin harden disciosurel 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: a. contract 51a. bid /offer /application E a. initial filing ❑X b. grant b. initial award b. material change c. cooperative agreement c. post -award For Material Change Only: d, loan year quarter e. loan guarantee date of last report f. loan insurance 4. Name and Address of Reporting Entity: 5, If Reporting Entity In No. 4 is_Subawardee, Enter Name Prime I Subawardee and Address of Prime: Tier if known: Brazos County Emergency Management 110 N. Main St., Suite 100 Bryan, TX 77803 Congressional District, ifknown: Congressional District, ifknown: G. Federal DepartmentlAgency: 7. Federal Program Name /Description: FEMA EMPG CFDA Number, if applicable: 8. Federal Action Number,ifknown: 9. Award Amount,ifknown: 5 10. a. Name and Address of Lobbying Registrant b. Individuals Performing Services (including address if (if individual, fast name, first name, Ml): different from No. 10a) NIA (last name, h"rstname, Ml): NIA 11. Information requested through this form is authorized by title 31 U:S.C. section 1352. This disclosure of lobbying activities is a material Signature: representation of fact upon which reliance was placed by the tier above when this transaction was made or entered into. This Print Name: Duane Pe ters disclosure is required pursuant to 31 U.S.C. 1352. This information will be reported to the Congress semi - annually and will be Title: Brazos County Judge available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less Telephone No.: 979- 361 -4101 Date: 111712012 than $10,000 and not more than $100,000 for each such failure. Federal Use Only '.:- r = i ;:. + -: k' �-;: a A uthodzed. for Local Reproduction R Standard Farm LLL (Rev. 7 -97) Vol. 05 74 -176 (Rev,S- 17111} Vendor Direct Deposit /Advance Payment Notification Authorization This form may be used by vendors or individual recipients to receive payments from the state of Texas by direct deposit to change or cancel existing direct deposit information Transaction Type For Cornptroner's Use Onty For State Agency the ❑ Advance Payment Notification ❑ international Payments Verification ❑ Interagency Transfer z d New setup (Sections 2, 3, 4 and 5 - Section 6 is optional) ❑ Change account type (Sections Z 3, 4 and 5 - Section 6 is optional) a p: ❑ Change financial institution (Sections 2, 3, 4 and 5 - Section 6 is optional) ❑ Cancellation (Sections 2 and 4 - Sections T and 8 for state agency use) w F] Change account number (Sections 2, 3, 4 and 5 -Section b is optional) Payee Identification Financial Institution (Completion by financial institution is recommended.) Social Security Number (SSN) or 4 6 0 0 (} 4 3 3 City Mail code 0 3 8 N Employer Identification Number (EIN) l l t l t + l t i l l Citibank Texas (!f not know leave blank) t l t - --- C) Payee name (Businessft*viduat) Phone number Routing transit number (8 digits) Brazos County { 979 ) 361 -4340 ext. Type of account r,Aailingaddress City 0 3 2 6 9, 2 0, 2, 0, 4 State zip o South Texas Avenue, Ste 240 Bryan I_ t ,, i t i i t TX 77803 Financial Institution (Completion by financial institution is recommended.) Authorization for Setup, Changes or Cancellation (required) F'rtancial institution name City I understand that the Texas Comptroller of Public Accounts will reverse any payments made to my account in error. State I further understand that the Texas Comptroller of Public Accounts will comply at all times with the National Automated Clearing House Association's Citibank Texas rules. (For further information on these rules, please contact yourfinancial institution.) Bryan I TX tin Routing transit number (8 digits) Customer account number (maximum 17 characters) here Type of account Z � 2 1 3 - 4 1 9 3 5 0 3 2 6 9, 2 0, 2, 0, 4 VCheckin Saving g ❑ S o t I l i t I� -_1- 1 t� t t ! i t 1 I I_ t ,, i t i i t U Financial representative name (optrc nal) Title (opfionaO W Donnie Fowler Commercial Banking Officer Financial representative signature (optional) Phone number (optional) Date jop5onaf) ( 979 ) 691 -2759 ext. Authorization for Setup, Changes or Cancellation (required) International Pa ents Verification (required) w Will these payments be forwarded to a financial institution outside the United States?..... ......... ............................. ........ ❑ YES VNO rn Authorization for Advance Payment Notification Setup (optional) I authorize the Texas Comptroller of Public Accounts to deposit my payments from the state of Texas to my financial institution electronically. v I understand that the Texas Comptroller of Public Accounts will reverse any payments made to my account in error. Z t7 I further understand that the Texas Comptroller of Public Accounts will comply at all times with the National Automated Clearing House Association's w rules. (For further information on these rules, please contact yourfinancial institution.) Terri White Sign Authorize signature Printed name Date p here Terri White 1111112 International Pa ents Verification (required) w Will these payments be forwarded to a financial institution outside the United States?..... ......... ............................. ........ ❑ YES VNO rn Authorization for Advance Payment Notification Setup (optional) Cancellation by Agency (for state agency use) n Reason U 111 Authorized Signature (for state agency use) 1 authorize the Texas Comptroller of Public Accounts to send an email notification one business day prior to the payment posting to my account. QD 0 O Contact name (Please print) Contact phone number ~ v Terri White { 979 ) 361 -4340 ext. Email address p , t, w, h, i, t, e , @, C I o t b l r, a , Z , Q, S, I t I x l 1 u l $ I I 1 I I L I I 1 I l , Cancellation by Agency (for state agency use) n Reason U 111 Authorized Signature (for state agency use) Please return your completed form to: VOL i1s' Signature Date. sign here' M Phone number Agency number p { ) ext. H U Agency name tl! Comments Please return your completed form to: VOL i1s' TRAVEL POLICY CERTIFICATION Jurisdiction Name: Brazos County Check one of the two blocks below This jurisdiction has no qualifying travel regulations. EMPG participants requesting reimbursement for travel expenditures will do so in accordance with State of Texas travel regulations and reimbursement rates as published by the Texas Comptroller of Public Accounts. State travel regulations are available at httPs / /fmx. cpa. state, tx. uslfmx lfravelltextravellindex.,ohp X0 - X This jurisdiction has its own qualifying travel policy, a copy of which is attached. EMPG participants requesting reimbursement for travel expenditures will do so in accordance with that policy. Name of Grant Financial Officer Katie Conner Print or Typed Original Signature of Grant Financial Officer Date Signed 1/17/2012 TDEM -69 12/11 5 Vol._! �_.�"�•� BRAZOS COUNTY, TEXAS TRAVEL POLICY AND PROCEDURES POLICY AND PROCEDURES FOR COUNTY TRAVEL AND REIMBURSEMENT BRAZOS COUNTY, TEXAS THE PURPOSE OF THIS POLICY AND RELATED PROCEDURES IS TO ESTABLISH AND STANDARDIZE AUTHORITY FOR USE OF COUNTY RESOURCES TO PAY FOR TRAVEL RELATED EXPENSES FOR BRAZOS COUNTY EMPLOYEES. THE FOLLOWING POLICY ADOPTED BY THE BRAZOS COUNTY COMMISSIONERS COURT ON THIS THE 8 TH DAY OF JUNE, 1995 TAKES THE PLACE OF ANY PREVIOUS COUNTY TRAVEL POLICY ADOPTED BY ANY PREVIOUS COMMISSIONERS COURT. THE EFFECTIVE DATE OF THIS POLICY IS THE 6 TH DAY OF JUNE, 1995. THIS POLICY WAS OFFICIALLY AMENDED BY COMMISSIONERS' COURT ON FEBRUARY 17,1998. THIS POLICY WAS OFFICIALLY AMENDED BY COMMISSIONER'S COURT ON AUGUST 1st, 2000. THIS POLICY WAS OFFICIALLY AMENDED BY COMMISSIONER'S COURT ON DECEMBER 5th, 2000. THIS POLICY WAS OFFICIALLY AMENDED BY COMMISSIONER'S COURT ON FEBRUARY 11th, 2003. THIS POLICY WAS OFFICIALLY AMENDED BY COMMISSIONER'S COURT ON SEPTEMBER 20TH, 2005. THIS POLICY WAS OFFICIALLY AMENDED BY COMMISSIONER'S COURT ON JANUARY 31, 2006. THIS POLICY WAS OFFICIALLY AMENDED BY COMMISSIONER'S COURT ON December 11, 2007. THE POLICY WAS OFFICIALLY AMENDED BY COMMISSIONER'S COURT ON April 1, 2005 revising the County Mileage Reimbursement Rate. THE POLICY WAS OFFICIALLY AMENDED BY COMMISSIONER'S COURT ON December 28, 2010 revising the County Mileage Reimbursement Rate. THE POLICY WAS OFFICIALLY AMENDED BY COMMISSIONER'S COURT ON June 28, 2011 revising the County Mileage Reimbursement Rate. Travel & Reimbursement Revised 6- 28- 11.doc l 6/29111 BRAZOS COUNTY, TEXAS TRAVEL POLICY AND PROCEDURES This policy and related procedures replaces all previous policies and procedures. It explains Brazos County's policy relevant to the authorization of travel and the reimbursement of expenses incurred incidental to travel. Section 152.011 of the Texas Local Government Code gives the Commissioners' Court the authority to set travel expense and other allowances for all County officials and employees. This policy is to be viewed as an "accountable plan", and therefore satisfies the reporting and documentation conditions established by the Internal Revenue Code of 1986 as Amended (i.e. § 162 and §274 and Treasury Regulations 1.62.1 to 1.62.6). A. GENERAL DEFINITIONS 1. Accountable Plan - a plan under which an employee is reimbursed for expenses or receives an allowance to cover expenses. The following four conditions must be satisfied: a. There must be a County business purpose for the expenses, b. The employee must clearly state and properly support that there was a business purpose for the expense. C. The employee must substantiate that the expense was incurred by providing documentation or be deemed to have documented the reimbursed expenses, and, d. The employee is required to return (i.e. with advances) to the County any amounts received in excess of documented expenses. 2. Actual Expenses - the actual cost of any allowable travel expenses supported by proper receipts and/or statements. 3. Auditor - the County Auditor and/or his designated staff. 4. Authorization - a recognized approval level that requests the County Treasurer to encumber funds for approved travel purposes. An approval level is the signature of the elected official, department head or employee authorized to approve claims for the department. This authority is established by completing a computer user access form designating the employee to be on a departmental approval group in the Finance Plus financial system with the County Auditor's office. 5. Official County Business - a business function in which County employee(s) are participating, and which is recognized by the Commissioners' Court as being official business of Brazos County. 6. Duty Point - the primary place of employment, i.e. courthouse, road and bridge, tax office, etc. 7. Traveling County Employee - an elected official, a department head, or a person employed in the direct service of an elected official or department head who is traveling on official County business. Travel & Reimbursement Revised 6 -28 -1 i.doc 2 6/29;11 Vol. BRALOSCOLNTV,TEXAS TRAVEL, POLICY AND PROCEDURES 8. In- County Travel - travel that takes place within the confines of the legal boundaries of Brazos County, and where the primary end destination of the travel is within these same boundaries. 9. Out -of- county Travel - any travel that has a primary end destination outside the established legal boundaries of Brazos County. 10. Out -of -state Travel - any travel that is undertaken which has a primary end destination outside the established legal boundaries of the State of Texas. 11. Educational Travel - out -of- County travel that is undertaken by County employees for approved education seminars, conferences and meetings. 12. Law Enforcement Travel - travel expenses incurred by County law enforcement personnel for the explicit purpose of transporting prisoners and/or probationers, collection of evidence, and other travel directly attributable to official County business. 13. Travel Expenses - transportation (airline fares, personal auto, public transportation, parking, and taxi), meals, lodging, and incidental expenses associated with traveling on official County business. 14. Travel Expense Forms - all farms so designated by the Auditor's office to be used to report actual and estimated travel expenses for official County business. These forms are to be submitted to the Auditor's office for reimbursement and/or documentation for advances with regards to travel expenses. 15. Direct Billing - a pre - arranged billing established for a County employee with a lodging facility at which they plan to stay when away from their place of employment overnight on County business. Direct Billing is arranged by the Auditor's office with the intent being the reduction of the employee's financial responsibility for costs associated with travel on County business. 16. Incidental Expense - a necessary and reasonable expense incurred by a County employee while traveling on official County business. This does not include transportation, meals, lodging, tips, gratuities, alcoholic beverages, laundry or in -room video rental. 17. Mileage - the distance from a duty point to a destination. As noted in the following procedure, the County will reimburse mileage based on an internet mapping service such as mapquest.com, yahoomaps.com or googlemaps.com. 18. Mileage Rate - the rate of reimbursement established by the Commissioners' Court in December of each calendar year for use of a personal automobile while on County business. 19. Meal Expense — limited to $36.00 a day for meals, if an employee is away from their duty station overnight. Travel & Reimbursement Revised 6-28-1 i.doc 3 6/29/1 Vo � 5 _. % S`3 , r ��' BRAZOS COUNTY, TEXAS TRAVEL POLICY AND PROCEDURES 20, Host Hotel — "preferred room rates" negotiated by a sponsor for participants of a conference, seminar or continuing education training, at or near the program site. B. GENERAL POLICY STATEMENT All reasonable and necessary travel by County employees for which a departmental budget has been established, and for which the department has funds remaining in the budget, and for which the travel is required in order for the employee to conduct County business is authorized. County officials and department heads are expected to plan out -of- County travel for themselves and their employees to achieve maximum economy and efficiency. All County reimbursed travel must be for official County business only. It is the responsibility of the County official and/or department head to see that all Out -of- County travel expense forms are properly completed, documented, signed and forwarded to the County Auditor's office within fourteen (14) calendar days of the travel return date. In- County mileage reimbursements may be submitted on a monthly basis. C. IN- COUNTY TRAVEL In the process of conducting County business, employees may be required to travel to locations within the County, but away from their normal duty station. If the employee incurs expenses incidental to such travel, the employee is required to obtain authorization from the department head for such expenses. If the anticipated expenditure will be in excess of 525.00, the department head may request a travel advance using the Travel Advance Form and secure the Commissioners' Court approval before any expense is incurred. Employees are expected to report the shortest distance between destinations for all travel. The County will not reimburse for personal mileage or for travel between an employee's residence and their duty point. The County will not reimburse for meals unless employee is away from their duty station overnight. The employee traveling on official County business within the County should first determine from the department head if a County vehicle is available to conduct such business. All such authorized expenses will be reimbursed within ten (10) days of the receipt by the County Auditor's office of completed reimbursement request forms. Procedure: For In- County travel, Mileage Reimbursement Requisition should be used. This form is to be turned in by the employee to the department head at least once a month for previous travel. Department heads should then prepare a request for reimbursement and forward the completed request and attached documentation to the County Auditor's office. Mileage will be reimbursed based on the actual mileage traveled at the prevailing rate established by the Commissioners' Court. The County will not reimburse employees for meals or lodging expense incurred In- County. Travel & Reimbursement Revised 5-28 -1 l .doe 4 6/29i] l V01: / S � Pg. BRAZOS COUNTY, TEXAS TRAVEL POLICY AND PROCEDURES D. OUT -OF- COUNTY TRAVEL Out -of- County travel by County employees is permissible provided that it is authorized in advance by the department head and does not exceed departmental budgetary allowance for such travel. It is the department head's responsibility to ensure that each request has adequate documentation attached to support the stated time, place, and business purpose of the travel expense (see "Accountable Plan" requirements, Page 1). The County will reimburse for County employee meals only while the employee is out of the County on County business and away from their duty station overnight. If the travel expense is anticipated to exceed 525.00 a travel advance may be requested and Commissioners' Court approval secured before any expense is incurred. Procedure: All Out -of- County reimbursement requests are to be made on Travel Reimbursement Requisition. Requests for meal reimbursement are to be as follows: Meals will be reimbursed at the amounts listed, taxes included: Breakfast $ 8.00 Lunch $ 10.00 Dinner $ 18.00 2. No receipts will be required. 3. The County will not reimburse an employee for more than $36.00 per day for meals. Meal reimbursement to an employee who is not away from their duty station overnight will be considered a benefit and the amount will be reflected on the employee's W -2 form at the end of the year. Meal reimbursement will not be provided to an employee who is less than. seventy five (75) miles away from their duty station unless the employee is away overnight. 4. The County will not reimburse for meals provided by the conference or seminar. It is expected that the conference or seminar registration fees include any meals provided and that the employee will avail themselves of these meals. Additionally, a "continental breakfast" is not considered a meal for reimbursement purposes. The County will reimburse County employees for mileage, if a personal vehicle is used, while the employee is Out -of- County on County business. Mileage reimbursement will be made based on the duty station address to specific destination address as documented by using an internet mapping service such as mapquest.com, yahoomaps.com or googlemaps.corn, at the existing reimbursement rate set by Commissioners' Court. Travel &: Reimbursement Revised 6 -28 -1 l.doc 5 6/29 /11 Vol.— / jc 6. BRAZOSCOUNTY,TEXAS TRAVEL POLICY AND PROCEDURES Requests for mileage reimbursements can be made in one of two ways: I . Where mileage request is simply for a round trip the employee need only enter the dollar value on the Form. This is arrived at by multiplying the documented mileage by 2 and then multiplying this product by the reimbursement rate that has been established by Commissioners' Court. It is requested that the employee use an internet mapping service with specific addresses including number, street and zip code such mapquest.com and that the mileage documentation be submitted with the Mileage Reimbursement Requisition or Travel Reimbursement Requisition. 2. Where mileage is requested for the use of a personal automobile while on County business and the request is for mileage other than the round trip from duty point to destination, then the employee should use Mileage Reimbursement Requisition to establish the additional miles and business purpose. The County will not reimburse for mileage incurred at the destination city in pursuit of food or personal errands. Additional miles incurred at the destination city for County business should be documented using addresses at either, www.mapquest.com, www.googlemaps.com or « These totals should then be transferred to the Travel Reimbursement Requisition. The County will reimburse the traveling County employee for the actual cost of lodging expenses incurred, not to exceed $85.00 per day, excluding taxes, while traveling on official County business. The travel needs to be approved by the department head, and the cost must not exceed the remaining departmental budget. Receipts are required for the reimbursement of lodging expenses. Please see Section G, this policy, for more information on reimbursement of lodging expenses. E. OUT -OF -STATE TRAVEL The County will reimburse employees for out-of-state travel on the same basis as Out -of- County travel. All Out of State travel must be approved by the Commissioner's Court prior to departure. If the employee elects to use a personal automobile for such travel, the County reimbursement will not exceed the lesser alternative: either the mileage (round trip at the prevailing rate per mile) or the round trip airfare from Easterwood Airport to the destination (a commercial airline quote is required). It is noted that when the distance is greater than 350 miles, and when the air fare ticket can be purchased 21 days in advance, it is usually cheaper to fly than drive. Any employee traveling on County business who does not wish to fly, and whose destination is out of state may place a request before, the Commissioners' Court requesting authorization to drive and to be reimbursed for the actual travel expense. The request would need to be in writing, placed before the Commissioners' Court 10 days prior to departure, and would need to include the reason for the request and a comparison of the costs, Commissioners' Court has the authority to accept and /or reject each request based on merit as presented. Procedure: Any out -of -state travel request must be presented to the department head. The department head must then make a formal request for approval of such travel to the Commissioners' Court, which must consider the request in open session. All requests for reimbursement are to be made on Travel Reimbursement Requisition. If a Travel Advance is needed, it should be requested at the same time. Travel & Reimbursement Revised 6 -28 -1 Ldoc 6 6/29111 BRAZOS COUNTY, TEXAS TRAVEL POLICY AND PROCEDURES F. TRAVEL AD VANCES Employees that anticipate being away from their duty station on County business and Out -of -County for more than three (3) days, or when travel expenses are anticipated to be more than $25,00, may request a travel advance. The employee would be required to fill out Travel Advance Requisition. The form should be submitted to the department head for approval and forwarded to the County Auditor's office for processing. All requests for advance must be filed with the Auditor's office ten days prior to the departure date so that proper approval from the Commissioners' Court can be secured. The request should not exceed the estimated expenses. All meal advances will be based on $36.00 per day and a maximum of $85.00 (excluding taxes) will be advanced for each day of lodging that the employee anticipates. All employees are encouraged to arrange for direct billing and to arrange for quotations for air transportation when required. Procedure: Once the employee has returned to their normal duty station, the employee has fourteen (14) days to submit documentation to the County Auditor's office on a Travel Reimbursement Requisition to account for the use of the travel advance funds. The employee should attach a copy of Travel Advance Requisition to their request to document the advance received. If the employee has received funds in excess of their need the balance should be remitted to the County Treasurer's office, and a copy of all receipt(s) attached to Travel Reimbursement Requisition. After the 14 day period travel advances that have had documentation submitted will be deducted from the employee's paycheck as agreed in the travel advance requisition. All disbursement of funds and collection of funds with regards to travel advances will be handled through the County Treasurer's office. The department head has oversight responsibility for all disbursements related to travel advances. G. LODGING The County will be responsible for a maximum of $85.00 (excluding taxes) per day, for lodging expenses incurred by a County employee while traveling on official County business either out of county or out of state. The County prefers to arrange for hotel accommodations to be billed directly to the County proper. Department heads are encouraged to plan as far in advance as possible, and to arrange for direct billing. The County will only be responsible for the first $85.00 plus taxes of the room rate. If the room. charge is greater than $85.00 plus taxes, the employee should be prepared to be responsible for the difference. The decision to pay the lodging fee for the night before a conference or meeting is at the discretion of the department head. This decision is based on the location of the meeting site and beginning or ending time of the program. Likewise, the decision to pay the lodging fee for the last day of a conference or meeting is at the discretion of the department head. It is the employee's responsibility to make sure this issue is covered prior to the meeting taking place and prior to the request being placed before the Commissioners' Court. Travel & Reimbursement Revised 6-28 -1 Ldcc 7 � � 0 I V ol. ` — Pg. BRAZOS COUNTY, TEXAS TRAVEL POLICY AND PROCEDURES Host Hotel In many instances a county employee will attend a seminar, conference or continuing education program where the sponsor of the program has negotiated preferred room rates at (or near) the site where the program is to be held. In many instances the preferred room rate is referred to as the "host hotel." In some instances the program sponsor has secured such preferred rates at several locations. The county would prefer that county employees attending such programs stay at the "host hotel." And, therefore, if the room rate is greater than the $85.00 allowable by this policy, the county will reimburse the employee for the full amount of the room and tax. The employee is required to provide adequate documentation that the program negotiated a preferred rate with the "host hotel." An example of adequate documentation would include a seminar brochure or registration information provided by the program sponsor that lists the preferred hotels. In the event an employee is able to secure a room for an amount less than the host hotel rate when a host hotel is available without incurring additional parking, car rental or mileage expenses the employee will be reimbursed at the actual room rate. Many times the county employee attending a sponsored program does not plan to attend the program in a timely manner and all "reserved program rooms" will have been taken. Alternative sites will not be considered as "host hotels" unless specifically designated as such by the program sponsor. Out -Of -State When a county employee requests out -of -state travel for a sponsored seminar, conference or continuing education program, and there is not a designated "host hotel ", it is the employee's responsibility to register in a timely manner to allow the opportunity to stay at the hotel or conference center where the program is being held. When the employee makes a request for out -of -state travel, the request should clearly state the anticipated room cost, and request formal approval for reimbursement. Commissioners' Court will evaluate each request separately. Relatives and Friends Frequently county employees while traveling on county business and away from their duty station overnight will stay with friends and /or relatives. As a result their application for reimbursement will appear as if they were not away from home overnight. When such an event happens, the employee should attach a notice to their reimbursement request to allow the county auditor's office to confirm the over night stay. Restrictions on County reimbursable lodging expenses: 1. The Cognty WILL reimburse for: Daily Room Charges (Maximum of $85.00 for single occupancy, excluding taxes) Properly Documented Business Telephone Calls Facility Parking Charges — Self parking only* Taxi Fares (he documentation required) Alternate means of travel (Le. bus, train, etc.) Travel & Reimbursement Revised 6- 28- 11.doc 8 6/29/111 BRAZOS COUNTY, TEXAS TRAVEL POLICY AND PROCEDURES Internet service used for conducting County business Tolls for toll road travel — receipts required Valet parking for handicapped employees with a valid handicap placard from the Tax Office. 2. The County will NOT reimburse for: Snacks Charged To The Room Room Service (No gratuity, no room service charge) Personal Expenses (i.e.: Valet, Dry Cleaning, Laundry, etc.) Tips and/or Gratuity Alcoholic Beverage Charges Video Rental (i.e.: In -Room Movies etc.) Personal Phone Calls Hotel Club Charges Recreational Facility Charges *The County will reimburse for self parking at any rate with receipts. Valet parking will be reimbursed if it is the only parking available and is documented as such by the hotel. In the event self parking and valet parking are available and the employee chooses to use valet parking the County will only reimburse up to the rate equal to the self parking rate. Employees who incur lodging charges defined as unacceptable for reimbursement are responsible for these payments. These charges are to be accounted for and payment rendered to the facility by the employee at check out. If any of these charges billed incorrectly directly to the County by a lodging facility, the employee will be responsible for remitting reimbursement to the County Treasurer. Procedure: The employee will be required to obtain an original lodging statement from the establishment where the employee stayed. This statement should be attached to the Out -Of- County Travel Reimbursement Request. No exceptions will be allowed. H. AIR FARE and CAR RENTALS All County employees are required to travel by the least expensive mode of travel. The employee should evaluate whether travel by airplane to the destination point is cheaper than traveling by other means. The County will only reimburse for the least expensive mode of travel, unless the employee's supervisor can show good cause for using another mode. When the final destination is over 350 miles then air travel should be considered. Car Rentals should only be utilized when required for the employee to fully cant' out their official business. Taxi cabs, buses, and hotel shuttle services are usually less expensive than car rentals. The County will not reimburse for expenses incurred for personal reasons. The County would prefer that the employee not enter into a rental arrangement unless it is necessary and required for the completion of the business purpose. The County will not reimburse for first class travel. The County will only reimburse for necessary car rental at the sedan rate (no luxury cars) and necessary gasoline for the rental with receipts. The County will not reimburse for mileage on a rental car. Travel & Reimbursement Revised 6 -28 -1 l .ddc 9 6/29/11 Vol. r. BRAZOS COUNTY, TExAS TRAVEL. POLICY AND PROCEDURES I. CONFERENCES, SEMINARS and CONTINUING EDUCATION The County prefers to pay in advance for conferences, seminars and registrations for continuing education. By so doing, the financial responsibility placed on the employee is reduced and proper and timely assistance can be given to the employee with regards to reservations, travel advances, and completion of reimbursement forms. The County requires that requests for registration fees be accompanied by a conference program, seminar program, or continuing education program that indicates the cost, location and payee's address. The County requires that the employee's supervisor approve the request. The supervisor must indicate that the employee's attendance will enhance the employee's ability to perform in their assigned job function. Each elected official or department head is required to budget for registration at conferences, seminars and continuing education annually as needed. If there is no budget allocation for this expenditure the Auditor's office will not approve the expenditure until an official budget amendment or budget adjustment has been approved. All elected officials and department heads are required to budget for State required annual continuing education for all members of their staff where required. When properly bud eted the County will pay for all required continuing education. mandated by State statutes for elected officials and appointed department heads. When the registration for a conference or seminar includes payment for meals, it is anticipated that the employee will eat the meal provided. The County will not pay for an additional meal. When the conference or seminar is scheduled out of the County and begins in the morning. The County will reimburse for meals and lodging the night before when the distance to the sight is over 150 miles. When the conference or seminar is out of the County and ends after 4:00 PM the employee will be reimbursed for the evening meal immediately following the end of the conference or seminar if the sight is over 150 miles from the Courthouse. Meals will not be reimbursed to an employee who is less than seventy five (75) miles away from their duty station unless the employee is away overnight. J. LAW ENFORCEMENT TRAVEL The department head prior to the occurrence of any expense must approve all law enforcement travel expenses, whether it is prepaid by the County or reimbursed after the fact. If planning can take place before there is a need for such travel, or if travel is a result of a defined "emergency" the department should try to secure permission from the Commissioners' Court for the use of credit cards in such cases. If credit cards are used then the County Credit Card Policy is to be followed. It is recognized that the need for law enforcement travel may occur on an emergency basis. The County Attorney, Sheriff or the Director of Juvenile Probation is authorized to approve such travel and related expenses in the event of an emergency. The County Attorney, Sheriff or the Director of Juvenile Probation is required to notify the County Judge and the Auditor within 48 hours of the designation of an emergency. If there are no budget funds available, the County Judge's approval will be required before the expenditure can be incurred. Travel & Reimbursement Revised 6 -28 -11 Am 10 6 0 6/29/11 ` 01. S Pg• BR AZOS COUNTY, TEXAS TRAVEL POLICY AND PROCEDURES K. MISCE LLANEOUS The employee needs to be aware that a credit card receipt is not documentation for an expenditure. All requests for reimbursements and/or requests for the County to pay for a travel related expenditure must be supported by documentation. It is the employee's responsibility to secure the documentation at the time of expenditure. In the event that no documentation is secured a certification as to the expenditure is not sufficient to support reimbursement. Some form of contemporaneous record must be received from the vendor. When an employee elects to have their spouse and /or family travel with them, this must be accurately documented and separation of costs will be required. Lodging expenses must be documented by the hotel/motel as to what a single occupancy rate would have been. This should be done on the face of the receipt. ALL ELECTED OFFICIALS AND DEPARTMENT HEADS ARE TO INSURE THAT ALL EMPLOYEES HAVE READ THIS POLICY AND COMPLY WITH IT. FAILURE TO FOLLOW THE POLICY WILL RESULT IN A DELAY IN THE REIMBURSEMENT PROCESS, AND COULD POSSIBLY CAUSE LEGITIMATE REIMBURSEMENTS TO BE DENIED. IF IN DOUBT PROVIDE AN EXPLANATION OR OTHER DOCUMENTATION. THE COUNTY DOES NOT INTEND FOR EMPLOYEES TO FINANCE COUNTY OPERATIONS. Travel & Reimbursement Revised 6 -28 -1 ]aloe 1 1 6 / 6/29111 1 Agreement for the Operation and Maintenance of The Brazos County Exposition Complex Concession This Agreement is effective on the date of signature by the Brazos County Judge hereto, after formal approval by the Brazos County Commissioners Court, and is made and entered into between Brazos County, a political subdivision of the state of Texas (hereinafter "County "), on behalf of the Brazos County Exposition Complex (hereinafter "Facility ") and Shirley J. Bailey, d /b /a Bailey Concessions, (hereinafter "Bailey Concessions" or "Concessionaire "). WHEREAS the County seeks a Concessionaire to undertake and provide services to the public which includes the selling of food and beverages at the Brazos County Exposition Complex; and, WHEREAS, the County further finds Bailey Concessions meets the criteria set forth in Tex. LOCAL GOVT CODE ANN. §262.024; and, WHEREAS, the principal purpose of County in entering into this Agreement is to serve the public by providing concession service, subject to all legal requirements and obtaining all necessary permits; NOW, THEREFORE, in consideration of the Premises and of the terms, covenants and conditions hereinafter contained to be kept and performed by the respective parties, it is agreed as follows: SECTION 1. DEFINITIONS For the purpose of this Agreement, the following words and phrases are defined and shall be construed as hereinafter set forth: Agreement: This Agreement consisting of 16 pages. County: Brazos County Concessionaire: Bailey Concessions Concession Services: The sale of all food and non - alcoholic beverages to the general public in attendance at an Exposition Complex sanctioned event, but does not include meal /beverage catering. SECTION 2. PERMISSION GRANTED For and in consideration of the payment of the fees and charges as hereinafter provided, and subject to all of the terms, covenants, and conditions of this Agreement, County hereby grants to Concessionaire, subject to all of the terms and conditions of this Agreement, the exclusive right and obligation within the Concession to: provide concession service, to include the sale of food and non- alcoholic beverages subject to all legal requirements and obtaining of all necessary permits; and not for any other purpose without the prior written c onsent of the County. The Concession right herein granted shall be carried on HAConcessions Agreement 12- 11.2.doc Page 1 Vol. j t'• at the Brazos County Exposition Complex solely within the limits and confines of said areas designated as Premises (Exhibit A) in This Agreement. No temporary stands or other places of operation shall be allowed at any other time without the express written permission of the County, through the Director of Special Event Facilities for the County ( "Director "). The County shall have the right, at a maximum of four times per year, to authorize and permit concession food and beverage sales by other vendors in designated areas outside of permanent concession stands. For purposes of illustration, such events include, but are not necessarily limited, to the Brazos County Youth Livestock Show, a future regionallmid major fair or any other future major /mid major fair or festival. Concessionaire shall: Sere quality food and beverages; schedule and provide full maintenance of the Premises under its control; employ, train and supervise personnel with appropriate qualifications and experience to assist in such functions; perform or supervise employees in the performance of all other tasks related to the operation, maintenance and /or repair of the Premises; and pay for and obtain all licenses and permits necessary for the operation of the Concession granted. The Concession rights herein granted to Concessionaire are exclusive and shall include eight permanent concession stands in the Facility; the sale of food; the sale of non - alcoholic beverages; and a storage area in the Facility. Other temporary points of sale may be added as County and Concessionaire may agree. SECTION 3. PREMISES The Premises subject to this Agreement are located at 5827 Leonard Road, Bryan, TX 77807. The Premises to be authorized for use by Concessionaire shall include the food services and eight permanent concession stands ( "Concession facilities ") at the Facility. SECTION 4. TERM OF AGREEMENT The initial term of the Agreer commencing January 1, 2012, parties must provide written notic prior to the expiration date of Agreement for the following year thereof shall be liable in any ma taken to revoke, decline to exert Agreement. lent shall be twelve months (12) months, pith two (2) one -year options to renew. Both to the other at least thirty (30) calendar days this Agreement of the intent to renew this Neither County, nor any officer, or employee finer to Concessionaire because of any action :ise an option or disapprove a renewal of the SECTION 5. TIME OF EXECUTION Unless otherwise provided, this Agreement shall be deemed executed when (1) it has been signed on behalf of the Concessionaire by the person or persons authorized to bind the Concessionaire; (2) the Agreement has been approved by the Brazos County Commissioner's Court; and (3) it has been signed on behalf of the County by the County Judge or his delegate authorized to enter into the Agreement. SECTION 6. RENTAL FEE AND PAYMENT H:1Concessions Agreement 12- 11.2.doc V"ol. 1 s Pg. Page 2 A. Monthly Rental Fee. As part of the consideration for County's granting the Concession rights herein above set forth, Concessionaire shall pay to County a monthly rental fee as follows: Twenty percent (20 %) of the gross receipts for ticketed events and five percent (5 %) of the gross receipts for non ticketed events produced by food and non- alcoholic beverage sales each month; less applicable retail sales tax or other direct taxes imposed upon receipts collected from consumer sales for the time period(s) under this Agreement. The sale of other items must be expressly permitted and approved in writing by the Director or designee. A percentage of gross receipts will apply and will be negotiated prior to approval of said items for sale. B. Payment Due. Said payment shall be due and payable by the fifteenth (15th) day of each calendar month based on the gross receipts received in each previous month. Each monthly payment shall be accompanied by a monthly report showing concession sales during the preceding month with detail on gross sales by event. The payment and monthly rental report shall be addressed to: Brazos County Treasurer 200 South Texas Ave., Suite 240 Bryan, TX 77803 With a copy to: Sales Coordinator Brazos County Exposition Complex 5827 Leonard Road Bryan, TX 77807 C. Gross Receipts Defined. The term "gross receipts" is defined as the total amount charged for the sale of any goods or services (whether or not such services are performed as a part of or in connection with the sale of goods) provided in connection with this Concession, but not including any of the following: Cash discounts allowed or taken on sales; any sales taxes, use taxes, or excise taxes required by law to be included in or added to the purchase price and collected from the consumer or purchaser and paid by Concessionaire; receipts from the sale of waste or scrap materials resulting from the Concession operation; receipts from the sale of or the trade -in value of any furniture, fixtures, or equipment used in connection with the Concession and owned by Concessionaire. Concessionaire shall not reduce or increase the amount of gross receipts, as herein defined, as a result of any of the following: 1. Any error in cash handling by Concessionaire or Concessionaire's employees or agents; WConcessions Agreement 12- 11.2,doc C, A Page 3 Vol. ) pg. li�4 2. Any losses resulting from bad checks received from the consumers or purchasers; or from dishonored credit, charge, or debit card payments: or any other dishonored payment to Concessionaire by customer or purchaser; 3. Any arrangement for a rebate, kickback, or hidden credit given or allowed to customer. D. Rental Reports. 1. Rental Reports by Event. For the first six months of operation, Concessionaire shall transmit, at the completion of each event in which Concessionaire has conducted sales, an inventory rendition and statement of Gross Receipts and such other information as the County Auditor may by written memorandum require. 2. Monthly Rental Reports. Commencing in the seventh month of operations and thereafter, and with the written consent of the County Auditor, Concessionaire shall transmit a rental payment containing Monthly Gross Receipts and a Rent Report for each month in which rent is submitted. The completed form shall include a statement of the Gross Receipts by source of sales and such other information as the County Auditor may require. E. Late Payment Fee. In the event of late or delinquent payments by Concessionaire, the latter recognizes that County will incur certain expenses as a result thereof, the amount of which is difficult to ascertain. Therefore, Concessionaire agrees to pay the County a late fee the of $50.00 for each month late plus interest calculated at the rate of eighteen percent (18 %) per annum, assessed monthly, on the balance of the unpaid amount. Payments shall be considered past due if postmarked after the fifteenth (15th) day of the month in which payment is due. F. Annual Accounting Adjustment. At the end of the initial twelve (12) month period (and at the end of each twelve (12) month period of any renewal term thereafter), Concessionaire shall prepare and submit to the County Auditor a statement showing the total gross receipts for the said twelve (12) month period and the rental paid for the said twelve (12) months. SECTION 7. HOURS AND DAYS OF OPERATION A. Concessionaire must post the hours of operation in a location visible to the public, and must be open for business during the hours posted. Hours of may not be changed without prior written approval of Director. B. Any deviation from the hours specified shall be subject to prior written approval of Director. C. The Concession premises shall be open for all events according to the schedule provided by the Director. K\Concessions Agreement 12- 11.2.doc Page 4 J� 1 ®t. (P 15 l 5� Pg._ SECTION 8. OPERATING RESPONSIBILITIES. Concessionaire shall, at all times during the term of the Agreement, comply with the following conditions: A. Cleanliness: Concessionaire shall, at its own expense, keep the Premises and the surrounding area [at least twenty -five (25) feet] clean and sanitary at all times. No offensive or refuse matter, nor any substance constituting an unnecessary, unreasonable, or unlawful fire hazard, nor any material detrimental to the public health, shall be permitted to remain thereon, and Concessionaire shall prevent any such matter or material from being or accumulating upon said Premises. If, as determined by the Director, the Concession is deemed unclean, unsanitary, or does not meet the standards of the County or Brazos County Public Health Department, and after giving ten (10) days written notice to correct such deficiencies, Concessionaire fails to correct such deficiencies by the end of the ten (10) days, then the County may, terminate the Agreement and all terms and conditions contained herein. Concessionaire, at its own expense, shall see that all garbage or refuse is collected as often as necessary and in no case less than once a day and disposed of in the main dumpster. Concessionaire shall furnish all equipment and materials necessary. B. Conduct: Concessionaire and its representatives, agents, servants, and employees shall at all times conduct its business in an orderly manner to the satisfaction of the Director. C, Disorderly Persons: Concessionaire shall use its best efforts to permit no intoxicated person(s), profane or indecent language, or boisterous or loud conduct in or about the Premises and shall not knowingly allow the use or possession of illegal drugs, narcotics, or controlled substances on the Premises. Concessionaire will call upon peace officers to assist in maintaining peaceful conditions. D. Non - Discrimination /Equal Employment Practices /Affirmative Action. Concessionaire, in its Concession operations at the Facility, for itself, its personal representatives, successors in interest and assigns, as part of the consideration hereof, does hereby covenant and agree that: (1) no person on the grounds of race, color, national origin, religion, ancestry, sex, age, physical disability, or sexual orientation shall be excluded from participation, denied the benefits of or be otherwise subjected to unjust discrimination in access to or in the use of the facilities covered herein; (2) Concessionaire, during the term of the Agreement, agrees not to unjustly discriminate in its employment practices against any employee or applicant for employment because of the employee's or applicant's race, color, religion, national origin, ancestry, sex, age, physical disability, or sexual orientation. All subcontracts entered into by Concessionaire shall be approved in advance by County and shall contain a like provision. H:1Concessions Agreement 12- 11.2.doc Page 5 Voli. 5 Pg.— E. Personnel: 1. Food Handler Certificate: For the Concession Food Manager and other applicable employees or agents, if any, required by statute, rule and ordinance, including the Texas Food Establishment rules and Bryan City Ordinance Ch 50 (sec 50 -33), Concessionaire shall provide the Director with proof of food handler certificates on applicable employees. 2. Qualified Personnel: Concessionaire will, in the operation of the Concession, employ or permit the employment of only such personnel as will assure a high standard of service to the public and cooperation with the County. All such personnel, while on or about the Premises, shall be neat in appearance and courteous at all times and shall be appropriately attired, with badges or other suitable means of identification. No person employed by Concessionaire, while on or about the Premises, shall be under the influence of illegal drugs, controlled substances or alcohol, or use inappropriate language, or engage in inappropriate conduct for a work environment. In the event an employee is not satisfactory, the Director may direct Concessionaire to remove that person from the Premises. 3. Concession Manager: Concessionaire shall appoint, subject to written approval by Director, a Concession Manager of Concessionaire's operations at the Facility. If Concessionaire elects to subcontract the management of any or all of the Concession operations to a managing entity or entities, the provisions of this section shall also apply to any such entity. Such person must be a qualified and experienced food service manager or supervisor of food service operations, vested with full power and authority to accept service of all notices provided for herein and regarding operation of the Concession, including the quality and prices of Concession goods and services, and the appearance, conduct, and demeanor of Concessionaire's agents, servants, and employees. The Concession Manager shall be available during regular business hours and, at all times during that person's absence, a responsible subordinate shall be in charge and available. 4. Approval of Employees, Volunteers and Subcontractors: County shall have the right to approve or disapprove, with cause, all employees, volunteers and subcontractors (including all employees and volunteers for any subcontractor) of Concessionaire. F. Price Schedules and Merchandise. 1. County agrees that Concessionaire's merchandise (other than the merchandise discussed below), including its prices for same, shall be within Concessionaire's discretion; subject, however, to disapproval by Director if the selection of items offered is inadequate, of inferior quality, or if any of said prices are excessively high or low in the sole opinion of Director. Such determination shall not be unreasonable and shall take into account the business considerations presented by Concessionaire. KkUncessions Agreement 12- 11.2.doc l Vol. : �. 4, Page 6 2. All menu items and service, offered for sale and /or sold by Concessionaire in said Premises, shall be of high quality and must be related to the ordinary business of the Concession. 3. The sale of alcoholic beverages is not permitted under the terms of this agreement. Should Concessionaire desire to provide for the sale of alcoholic beverages, Concessionaire will be required to negotiate an addendum to this agreement to provide for same and provide proof of obtaining necessary permits and compliance with all rules and regulations of the Texas Alcoholic Beverage Control Board. 4. The sale of non- alcoholic beverages must be made from Coca -Cola Bottling Company purchased directly from the Bottler or from any successor sponsor. The sale of specific beverage products must be approved by the Director and conform to the terms of the sponsorship agreement between the Facility and Coca -Cola Bottlers or any successor. If Coca -Cola Bottling Company ceases to be the exclusive provider of non - alcoholic beverages at the Facility, the Director shall inform the Concessionaire of the termination of the sponsorship agreement with Coca -Cola Bottling Company and the terms of any new or successor agreement, if any. Concessionaire is obligated under the terms of this Agreement to purchase non - alcoholic beverages from any sponsor designated by the Facility. However, if the Facility does not enter into a sponsorship agreement with a bottler, the Concessionaire may purchase its non - alcoholic beverages at its discretion, provided that the monthly rental fees for non - ticketed events are renegotiated, agreed upon and approved in advance by the Director and the Concessionaire. G. Equipment, Furnishings, and Expendables: 1. All equipment, furnishings, and expendables required for said Concession shall be purchased and installed by Concessionaire at its sole expense. A refrigerator and freezer will be provided by the County. 2. County reserves the right to replace any and all items of County -owned equipment at this Concession with functionally equivalent equipment. 3. If County does not renew said Agreement, Concessionaire shall have the right to remove its own equipment, furnishings, and expendables, but not improvements, from the Premises and shall be allowed a period of thirty (30) calendar days to complete such removal. If not removed within that period, said equipment, furnishings and expendables become the property of County. H. Maintenance of Equipment. Concessionaire shall, at all times and at its own expense, keep and maintain all equipment in the same condition as received by Concessionaire, except for normal wear and tear, whether owned and /or installed by Concessionaire or County. Maintenance of County owned equipment due to normal wear and tear shall be the responsibility of the County. I. Signs and Advertisements. WConcessions Agreement 12- 11.2.doc �� Page 7 Vol. ' � pg. 1530 1. Concessionaire shall not erect, construct, or place any signs, banners, ads, or displays of any kind whatsoever upon any portion of County property without the prior written approval from the Director. 2. Concessionaire shall not permit vendors to display wares inside or outside the building or on said property unless written permission is secured from the Director in advance of installation. 3. Upon the expiration or termination of the Agreement, Concessionaire shall. at its own expense, remove or paint out, as Director may direct, any and all of its signs and displays on the Premises. J. Mobile Food Cart: Concessionaire may, with the written consent of the Director, provide a mobile food cart for food and beverage service with items stocked from the main Concession Premises. K. Safety: Concessionaire shall correct safety deficiencies, and violations of safety practices, immediately after the condition becomes known or Director notifies Concessionaire of said condition. Concessionaire shall cooperate fully in the investigation of accidents occurring on Concession Premises. SECTION 10. MAINTENANCE OF PREMISES. During all periods that the Premises are used or are under the control of the Concessionaire for the uses, purposes, and occupancy aforesaid, Concessionaire shall be responsible for all necessary janitorial duties and damage and maintenance repairs, to the satisfaction of the Director. A. Interior of Premises: 1. Areas to be Maintained by Concessionaire: Concessionaire shall, at its own expense, keep and maintain all the interior walls and surfaces of Concession Premises and all improvements, fixtures, and utility systems which may now or hereafter exist thereon, whether installed by County or Concessionaire. 2. Interior and Exterior of Common areas of the Premises and Common Passageways: County shall maintain the interior and exterior of all walls and surfaces of the facility, as well as all common passageways. SECTION 11. LIABILITY A. Indemnification. Except for the active negligence or willful misconduct or intentional conduct of County, Concessionaire undertakes and agrees to defend, indemnify and hold harmless County and any and all of County's Officers, Agents, and Employees from and against all suits and causes of action, claims, losses, demands and expenses, including, but not limited to, attorney's fees and cost of litigation, damage or liability of any nature whatsoever, for death or injury to any person, including Concessionaire's employees and agents, or damage or destruction of any property of either party hereto or of third parties, arising in any manner by reason of, or incident to, the performance of this Agreement on the H:1Concessions Agreement 12- 11.2.doc Page 8 Voi part of Concessionaire, its officers, agents, employees, or sub - contractor of any tier. B. Insurance: 1. General Conditions: Concessionaire shall obtain and keep in force during each term of this Agreement an insurance policy or policies which covers all operations conducted pursuant to this Agreement. Such insurance policy or policies must name the County as additional insured. Without limiting Concessionaire's indemnification of County, Concessionaire shall provide and maintain at its own expense during the entire term of the Agreement the following insurance having the limits as set forth and the certificate of insurance must specify the following requirements: Commercial General Liability $1,000,000 Each Occurrence $2,000,000 General Aggregate $1,000,000 Products - Come /OSH Agency $1,000,000 Personal and Advertising Injury $ 100,000 Fire Damage (any fire) Automobile Liability $ 100,000 Bodily Injury-Per Person $ 300,000 Bodily Injury-Each Accident $ 100,000 Property Damage -Each Incident a. Additional Insured: County, its Officers, Agents and Employees shall be included as additional insureds in all liability insurance policies except: Workers' Compensation Employer's Liability, Professional Errors and Omissions and second -party Legal Liability coverages (such as Fire Legal), County shall be named Loss Payee As Its Interest May Appear in all required property, fidelity or surety coverages. b. Primary Insurance: Such insurance shall be primary with respect to any insurance maintained by County and shall not call on County's insurance program for contributions. c. 30 -Day Notice: With respect to the interest of County, such insurance shall not be canceled, materially reduced in coverage or limits or non - renewed except after thirty (30) days written notice by receipted delivery (e.g. certified mail- return receipt, courier) has been given to the County Risk Manager. d. Aggregate Limits /Blanket Coverage: If any of the required insurance coverages contain aggregate limits, or apply to other operations or tenancy of Concessionaire outside this Agreement, Concessionaire shall give County prompt, written notice of any incident, occurrence, claim, settlement or judgment against such insurance which in Concessionaire's best judgment will diminish the protection such insurance affords County. SECTION 12. PROHIBITED ACTS Concessionaire shall not: H:1Concessions Agreement 12- 11.2.doc Page 9 Vol. 64P Pg.? � 1. Place any additional lock of any kind upon any window or interior or exterior door in the Premises, or make any change in any existing door or window lock or the mechanism thereof, unless a key therefore is maintained on the Premises, nor refuse, upon the expiration or sooner termination of the Agreement, to surrender to Director any and all keys to the interior or exterior doors on the Premises, whether said keys were furnished to or otherwise procured by Concessionaire, and in the event of the loss of any keys furnished by Director, Concessionaire shall pay COUNTY, on demand, the cost for replacement thereof; 2. Do or permit to be done any act or thing upon the Premises which will invalidate, suspend or increase the rate of any insurance policy required under the Agreement, or carried by County, covering the Premises, or the buildings in which the same are located or which, in the opinion of Director, may constitute a hazardous condition that will increase the risks normally attendant upon the operations contemplated under the Agreement, provided, however, that nothing contained herein shall preclude Concessionaire from bringing, keeping or using on or about the Premises such materials, supplies, equipment and /or machinery as are appropriate or customary in carrying on its business, or from carrying on said business in all respects as is customary; SECTION 13. INDEPENDENT CONTRACTORS AND CONSULTANTS The Concessionaire is acting hereunder as an independent contractor and not as an agent or employee of the County. The Concessionaire shall not represent or otherwise hold itself or any of its directors, officers, partners, employees, or agents to be an agent or employee of the County. SECTION 14. TAXES. PERMITS. AND LICENSES A. Concessionaire shall obtain and maintain at its sole expense all approvals, permits, or licenses that may be required in connection with the operation of the Concession including, but not limited to, tax permits, business licenses, health permits, building permits, police and fire permits, etc. B. Concessionaire shall pay all taxes of whatever character that may be levied or charged upon the rights of Concessionaire to use the Premises, or upon Concessionaire's improvements, fixtures, equipment, or other property thereon or upon Concessionaire's operations hereunder. SECTION 15. ASSIGNMENT /SUBLEASE The Concessionaire may not, without prior written permission of the County, assign or otherwise alienate any of its rights hereunder, including the right to payment or delegate, subcontract, or transfer any of its duties hereunder. SECTION 16. BUSINESS RECORDS Concessionaire shall maintain during the term of the Agreement and for three (3) years thereafter, all of its books, ledgers, journals, and accounts wherein are kept all entries reflecting the gross receipts received or billed by it from the business transacted pursuant to the Agreement. Such books, ledgers, journals, accounts, RkConcessions Agreement 12- 11.2.doc ,,_ :, Page 10 and records shall be available for inspection and examination by the County Auditor, or a duly authorized representative, during ordinary business hours at any time during the term of this Agreement and for at least three (3) years thereafter. A. Cash and Record Handling Requirements: If requested by the County or the County Auditor, Concessionaire shall prepare a description of its cash handling and sales recording systems and equipment to be used for operation of the Concession which shall be submitted to Director for approval. Concessionaire shall be required to maintain a method of accounting of the Concession which shall correctly and accurately reflect the gross receipts and disbursements received or made by Concessionaire from the operation of the Concession. The method of accounting, including bank account is, established for the Concession shall be separate from the accounting systems used for any other business operated by Concessionaire or for recording Concessionaire's personal financial affairs. Such method shall include the keeping of the following documents: 1. Regular books of accounting such as general ledgers. 2. Journals including supporting and underlying documents such as vouchers, checks, tickets, bank statements, etc. 3. State and Federal income tax returns and sales tax returns and checks and other documents proving payment of sums shown. 4. With the exception of a limited number of large events in which the Auditor has or may have granted Concessionaire prior written permission to utilize an inventory control system in lieu of cash registers, cash register tapes shall be retained so that day to day sales can be identified. A cash register must be used in public view which prints a dated double tape, indicating each sale and the daily total. Permission to utilize an inventory control system in lieu of cash registers must be given to and received by the Auditor and Director at least thirty days prior to a scheduled event. 5. Any other accounting records that County, in its sole discretion, deems necessary for proper reporting of receipts. B. Method of Recording Gross Receipts. Unless otherwise specified in the Agreement, Concessionaire shall obtain and install a cash register(s) on which it shall record all gross sales. The cash register shall be non - resettable and sufficient to supply an accurate recording of all sales on tape. The purchase price, terms, make and /or model of such cash register shall be within the Concessionaire's discretion. However, Concessionaire shall not purchase or install the cash register before obtaining the Director's written confirmation that the register to be purchased meets the requirements of this provision. All cash registers shall have a price display which is and shall remain at all times visible to the public. H:1Concessions Agreement 12- 11.2.doc Page 11 Voli. r 5 pg. -7 ` C. Annual Statement of Gross Receipts and Expenses: Concessionaire shall transmit a Statement of Gross Receipts and Expenses (Profit and Loss Statement) for the Concession operations as specified in the Agreement, in a form acceptable to the County Auditor, on or before April 30th of each calendar year during each term of the Agreement. An extension may be granted in writing, prior to the April 30th due date, by the County Auditor, provided sufficient verification of the need for the extension is provided. County may also from time to time conduct an audit and re -audit of the books and business conducted by Concessionaire and observe the operation of the business. If the report of gross sales made by Concessionaire to County, shall be found to be less than the amount of gross sales disclosed by such audit and observation, Concessionaire shall pay County within 30 days after billing any additional rentals disclosed by such audit. If discrepancy exceeds 2% and no reasonable explanation is given for such discrepancy, Concessionaire shall also pay the cost of the audit. SECTION 17. REGULATIONS, INSPECTION, AND DIRECTIVES A. The operations conducted by Concessionaire pursuant to the Agreement shall be subject to: 1. All rules, regulations, orders, and restrictions enacted by the County with respect to the operation of the Facility; 2. Any and all applicable laws, ordinances, statutes, rules, regulations, and of any governmental authority, federal, state or municipal, lawfully exercising authority over the Concessionaire's operations; and, B. Permissions: Any permission required by the Agreement shall be secured in writing by Concessionaire from County and any errors or omissions therefrom shall not relieve Concessionaire of its obligations to faithfully perform the conditions therein. Concessionaire shall immediately comply with any written request or order submitted to it by County. C. Right of Inspection: County, its authorized representatives, agents and employees shall have the right to enter upon the Concession Premises at any and all reasonable times for the purpose of inspection, evaluation, and observation of Concessionaire's operation. During these inspections, they shall have the right to photograph, film, or otherwise record conditions and events taking place upon the Premises. The inspections may be made by persons identified to Concessionaire as County Employees, or may be made by independent contractors engaged by County, Inspections may be made for the purposes set forth below, and for any other lawful purpose for which the County or another governmental entity with jurisdiction is authorized to perform inspections of the Premises: To assess compliance with terms and conditions of the Agreement; or RkConcessions Agreement 12- 11.2.doc q /b Page 12 Vol 5 �13 2_ To observe transactions between the Concessionaire and patrons to evaluate the quality of services provided or quality and quantities of items sold or dispensed. SECTION 18. TERMINATION A. By County: County shall have the right, via 30 -day written notice, to terminate the Agreement in its entirety and all rights ensuing therefrom as provided by applicable law if any one or more of the following events occur: 1. Concessionaire fails to keep, perform and observe any promise, covenant and condition set forth in the Agreement on its part after receipt of written notice of default from County; 2. The interest of Concessionaire under the Agreement is assigned, transferred, passes to or devolves upon, by operation of law or otherwise, any other person, firm or corporation without the written consent of County; 3. Concessionaire becomes, without the prior, written approval of County a successor or merged corporation in a merger, a constituent corporation in a consolidation or a corporation in dissolution; 4. The levy of any attachment or execution, or the appointment of any receiver, or the execution of any other process of any court of competent jurisdiction which is not vacated, dismissed or set aside within a period of ten (10) days and which does, or as a direct consequence of such process will, interfere with Concessionaire's use of the Premises or with its operations under the Agreement; 5. Concessionaire becomes insolvent, or takes the benefit of any present or future insolvency statute, or makes a general assignment for the benefit of creditors, or files a voluntary petition in bankruptcy, or a petition or answer seeking an arrangement for its reorganization, or the arrangement for its reorganization, or the readjustment of its indebtedness under the federal bankruptcy laws or under any other law or statute of the United States, or of any state law, or consents to the appointment of a receiver, trustee or liquidator of all or substantially all of its property or its property located within the Concession areas; 6. Cessation or deterioration of service for any period which, in the opinion of County, materially and adversely affects the operation or service required to be performed by Concessionaire under the Agreement; or B. County's Right of Reentry: County shall, as an additional remedy, upon the giving of written notice of termination as above provided, have the right to reenter the Premises and every part thereof on the effective date of termination without further notice of any kind, remove any and all persons therefrom and may regain and resume possession either with or without the institution of summary or legal K\Concessions Agreement 12- 11.2.doc Page 13 plot. / S � Pg. proceedings or otherwise. Such reentry, however, shall not in any manner affect, alter or diminish any of the obligations of Concessionaire under the Agreement. C. Additional Rights of County: County, upon termination of the Agreement, or upon reentry, regaining, or resumption of possession of the Premises, may occupy said Premises and shall have the right to permit any person, firm or corporation to enter upon the Premises and use the same. Such occupation by others may be of only a part of the Premises, or the whole thereof or a part thereof together with other space, and for a period of time the same as or different from the balance of the term remaining hereunder, and on terms and conditions the same as or different from those set forth in the Agreement. D. Survival of Concessionaire's Obligations: In the event the Agreement is terminated by County, or in the event County reenters, regains, or resumes possession of the Premises, all of the obligations of Concessionaire hereunder shall survive and shall remain in full force and effect for the full term of the Agreement, subject to County's obligation to mitigate damages. By Concessionaire: The Agreement may be terminated by Concessionaire, via 30 -day written notice, upon the happening of one or more of the following events: 1. The permanent abandonment of the Facility; 2. The lawful assumption by the United States Government, or any authorized agency thereof, of the operation, control or use of the Facility or any substantial part thereof, in such manner as to materially restrict Concessionaire from operating thereon; 3. The complete destruction of all or a substantial portion of the Premises from a cause other than the negligence or omission to act of Concessionaire, its agents, officers, or employees, and the failure of County to repair or reconstruct said Premises; 4. Any exercise of authority under the Agreement which interferes with Concessionaire's use and enjoyment of the Premises as to constitute a termination, in whole or in part, of the Agreement by operation of law; or SECTION 19. FORCE MAJEURE Neither party hereto shall be liable to the other for any failure, delay, or interruption in the performance of any of the terms, covenants or conditions of the Agreement due to causes beyond the control of that party including, without limitation, strikes, boycotts, labor disputes, embargoes, shortage of material, acts of God, landslides, acts of the public enemy, acts of superior governmental authority, floods, riots, or any other circumstance for which such party is not responsible and which is not in its power to control. H:IConcessions Agreement 12- 11.2.doc j,, -7 � Page 14 VOL I D `F' Pg.— � (- SECTION 20. AGREEMENT BINDING UPON SUCCESSORS The Agreement shall be binding upon and shall inure to the benefit of the successors, heirs, executors, administrators, and assigns of the parties hereto. SECTION 21. LAW AND VENUE The Agreement shall be construed under the laws of the State of Texas and venue of any action brought under the Agreement shall lie in Brazos County, SECTION 22. ATTORNEY'S FEES If County shall, without any fault, be made a party to any Litigation commenced by or against Concessionaire arising out of or related to Concessionaire's use or enjoyment of the Premises and as a result of which Concessionaire is finally adjudicated to be liable, then Concessionaire shall pay all costs and reasonable attorney's fees incurred by or imposed upon County in connection with such litigation. SECTION 23. NOTICES A. To County: Unless otherwise stated in the Agreement, written notices to County hereunder shall be addressed as follows: Brazos County Judge 200 So. Texas Ave., Suite 332 Bryan, Texas 77803 With a copy to: Director, Brazos County Expo Complex 5827 Leonard Road Bryan, Texas 77807 All such notices may either be delivered personally or may be deposited in the United States mail, properly addressed as aforesaid with postage fully prepaid for delivery by registered or certified mail. Service in such manner by registered or certified mail shall be effective upon receipt. County shall provide Concessionaire with written notice of any address change within thirty (30) days of the occurrence of said address change. B. To Concessionaire: Written notices to Concessionaire shall be addressed to Concessionaire as follows: Shirley J. Bailey, d /bfa Bailey Concessions 6430 CR 313 Navasota, Texas 77868 All such notices may either be delivered personally to the Concessionaire or to any officer or responsible employee of Concessionaire or may be deposited in the United States mail, properly addressed as aforesaid with postage fully prepaid for delivery by registered or certified mail. Service in such manner by K\Concessions Agreement 12- 11,2.doc - 7 6 V Page 15 Vol. Pg. — registered or certified mail shall be effective upon receipt. Concessionaire shall provide County with written notice of any address change within thirty (30) days of the occurrence of said address change. SECTION 24. INTERPRETATION The language of the Agreement shall be construed according to its fair meaning and not strictly for or against either County or Concessionaire. The section headings appearing herein are for the convenience of the parties and shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of the Agreement. If any provision of the Agreement is determined to be void by any court of competent jurisdiction, then such determination shall not affect any other provision of the Agreement, and all such other provisions shall remain in full force and effect; and it is the intention of the parties hereto that if any provision of the Agreement is capable of two constructions, one of which render the provision void and the other of which would render the provision valid, then the provision shall have the meaning which renders it valid. SECTION 25. AGREEMENT CONTAINS ENTIRE AGREEMENT The provisions of the Agreement contain the entire Agreement between the parties hereto and said Agreement may not be modified except by formal, written amendment fully executed by both County and Concessionaire. IN WITNESS WHEREOF, Brazos County has caused this Agreement to be executed and Concessionaire has executed the same as of the day and year herein below written. BRAZOS COUNTY Duane Peters, County Judge Brazos County Judge Date: 1/(-7/-Z-O)-Z-- BAILEY CONCESSIONS Shirley J, Baile Proprietor Date: - 4 Attest: ( e- Karen McQueen Brazos County Clerk H:1Concessions Agreement 12- 11.2.doc Vol. - 1 542 p g ., ­ 7 7 Page 16 SIP oocoment Elliciency At work.* .. ,,..—W -W This Agreement sets forth the specific tennis and conditions under which IKON agrees to sell the specific products identified on a Sales Order (defined below) entered into hereunder ( "Products ") and/or provide maintenance services for the specific items of equipment identified on a Service Order (defined below) entered into hereunder ( "Services ") to Customer from lime to lime. Either party may terminate the "master" arrangement contemplated by this Agreement at any time upon prior written notice to the other. Termination of this Agreement shall not, however, alter or otherwise modify the rights or obligations of the parties with respect to any Sales Order or Service Order placed and accepted prior to such termination. The following terms shall apply to all Service transactions: 1. S i M. (a) in order to obtain Services from IKON hereunder, Customer will either (i) execute a Service Order (in a form to be provided and executed by IKON) referencing this Agreement, or (ii) issue a valid and signed purchase order to IKON (each referred to in this Agreement as a "Service Order "). Each Service Order must identify the specific equipment to be serviced, the term of the Service engagement, the location at which Services shall be performed and the applicable Service charges for such order. IKON will not be responsible to provide services for equipment, for terns or locations not identified on the Service Order accepted by 1KON. (b) As part of its Services. IKON will repair or replace in accordance with the terms and conditions of this Agreement any part of the serviced equipment that becomes unserviceable due to normal usage (other than consumable supplies). Replacement parts will be furnished on an exchange basis and will be new, reconditioned or used. All parts removed due to replacement will become the property of IKON. (c) The Services provided by IKON under a Service Order will not include the following: (i) repairs resulting from misuse (including without limitation improper voltage or the use of supplies that do not conform to the manufacturers specifications); (ii) repairs made necessary by service performed by persons other than IKON representatives; (iii) service calls or work which the Customer requests to be performed outside of regular IKON business hours (unless covered under an extended hour service contract) and Service calls or work which the Customer requests to be performed on IKON holidays; (iv) removable cassette, copy cabinet, exit trays, or any item not related to the mechanical or electrical operation of the serviced equipment; (v) consumable supplies such as paper or staples, unless expressly provided for in the Service Order; (vi) repairs and/or service calls resulting from attachments of puor lens e from IKON; (vii) any software, system support or related connectivity unless specified in writing by IKON; (viii) p g available from the applicable manufacturer; (ix) electrical work external to the serviced equipment, including problems resulting from overloaded or improper circuit.%; and (x) installation or de- installation and/or movement of the serviced equipment from one location to another unless specified in writing by IKON. Damage to serviced equipment or parts arising from causes beyond the control of IKON are not covered by this Agreement or any Service Order. IKON may terminate its Service obligations under this Agreement and/or any Service Order with respect to any item of serviced equipment that has been modified, damaged, altered or serviced by persoruiel other than those employed by IKON. Additionally, service necessitated as a result of inadequate key operator involvement, operator caused damage, lack of recommended service, or use of inadequate or incompatible supplies may result in Service being rendered on a time - and- material basis in addition to the Service Charges. 2. 5 •mice lls. Service calls will be made during normal business hours at the installation address shown on the applicable Service Order. Service does not include coverage on IKON holidays. Travel and labor -time for the service calls after normal hours, on weekends and on holidays, if and when available and only in the event and to the extent that IKON agrees to provide such non - standard coverage, will be charged at overtime rates in effect at the time the service call is made. IKON representatives will not handle, disconnect or repair unauthorized attachments or components. Customer is responsible for disconnecting and re- connecting unauthorized attachments or components_ Customer shall hold IKON and its employees and representatives harmless from and against damages to any unauthorized parts, components or accessories as well as any claims arising therefrom. ■Ill �`�'�I�l�l�'� ■I 11I Rev. - 10 09 Vol. l Jce Pa. - 7 8 MASTER MAINTENANCE AND SALE AGREEMENT 1 eecQntiiti 'rte. Reconditioning and similar major overhauls may be covered by applicable manufacturer warranties, but are not covered by this Agreement or any Service Order. If IKON determines that such actions may be necessary as a result of normal wear and tear of materials and age factors caused by normal usage in order to keep the serviced equipment in working condition, IKON will submit to Customer an estimate of the needed repairs and the cost for such repairs (which costs will be in addition to the charges payable under the applicable Service Order). 4. Term. Each Service Order shall become effective on the effective date of the Service Order and shall continue for the term identified in the Service Order. At the expiration of the initial tern or any extended term of any Service Order, it will automatically, subject to applicable law and without further action required by either party, renew for an additional twelve (12) month period, provided that the Customer is not then in default and subject to applicable law. The contracted rate will be adjusted to MON's then - prevailing rates, to be reflected in an automatic increase as of renewal date, and Customer expressly consents to such adjustmentvvithout additional notice. 5. ScryLi qe Charges . (a) Service charges ( "Service Charges "), will be set forth on the Service Order and will be payable by the Customer in advance. Service Charges will not include any charges for repairs or Service that are otherwise covered by the applicable manufacturer's limited warranty during the period covered by any such warranty, to the extent IKON has agreed with such manufacturer not to charge a customer for any such charges. Customer acknowledges and agrees that: (i) alterations, attachments, specification changes, or use by Customer of sub - standard supplies that cause excessive service calls may require an increase in Service Charges; (ii) the transfer of the serviced equipment from the location indicated on the applicable Service Order may result in an increase of Service Charges or the termination of the applicable Service Order; and (iii) the Toner Inclusive Program (if applicable) is based on manufacturer supply consumption rates. Delivery of supplics will not exceed agreed upon usage. Consumption of covered supply products varying significantly from expected usage may result in additional charges for supplies. Customer agrees to pay when due, all taxes, where applicable, related to this Agreement and/or any Service Order, excluding taxes on the income of IKON. Customer shall be responsible for any costs related to freight (including fuel surcharges, which may be imposed from time to time), postage /[nailing expense (meter rentals) and/or administrative and processing fees and, to the extent IKON pays such costs, Customer shall immediately reimburse IKON. (b) Service Charges are based on standard 8.5x I 1 images. IKON reserves the right to assess additional images charges for non- standard images, including 1 Ix17 images. Customer acknowledges that pricing is based on the prevailing rates at the time ofthe contract. Unless otherwise expressly agreed to in writing, if the tern of any Service Order exceeds 12 months, the Periodic Service Charges and the Cost of Additional Images may be increased by IKON up to 10% annually for each year beyond the initial 12 -month period, and Customer expressly consents to such adjustment without additional notice. 6. Default. If Customer does not pay all Service Charges or other charges owing under this Agreement or any Service Order promptly when due, IKON may (i) refuse to further service the serviced equipment until such default is fully cured, or (ii) furnish Service on a C.O. D. "Per Call" basis at IKON's then - prevailing rates, at the time of Service. Except as expressly permitted by this Agreement, no refund or credit will be given for any early termination of any Service Order or any renewal thereof. If Customer defaults in its obligations hereunder, IKON may, in addition to any other remedies available at law or equity, require Customer to immediately pay to IKON all past due payments under all Service Orders, and the early termination fee described in Section 10 below. 7. 115901 Recom (a) if the Customer uses other than manufacturer- recommended supplies, including paper, developer, toner, and fuser oil, and if such supplies are defective or not acceptable for use on the serviced equipment or cause abnormally frequent service calls or service problems, then IKON may, at its option, assess a surcharge or terminate the applicable Service Order with respect to such items of serviced equipment. If so terminated, Customer will be offered service on a "Per Call" basis at IKON's then - prevailing rates. It is not a condition of this Agreement that the Customer use only IKON - provided supplies. (b) If IKON determines that Customer has used more than the manufacturer's recommended specifications for supplies provided by IKON, Customer will pay reasonable charges for those excess supplies and /or IKON may refuse additional supply shipments. Customer agrees to provide IKON true and accurate meter readings monthly and in any reasonable manner requested by IKON, whether via telephone, email or otherwise. If accurate meter readings are not provided on a timely basis, IKON reserves the right to estimate the meter readings from previous meter readings and Customer agrees to pay Service Charges based on such estimated meter reads. Appropriate adjustments will be made to subsequent billing cycles following receipt of actual and accurate meter readings. As part of its Services, Customer acknowledges and agrees that IKON may place automatic meter reading units on imaging devices, embedded or otherwise, including but not limited to the Equipment, at your location in order to facilitate the timely and efficient collection of accurate meter read data on a monthly, quarterly or annual basis, service calls and toner alerts. IKON agrees that such units will be used by IKON solely for such limited purpose. Once transmitted, all meter read data shall become the sole property of IKON and wilt be utilized for billing purposes. 8. I3asfC_(:QnM'wtYc>s• If any software, system support or related connectivity services are specifically set forth on a Service Order and accepted by TKON. IKON shall provide any such services at the Customer location set forth in the Services Order, as applicable, or on a remote basis. Customer shall provide IKON with such access to its facilities, networks and systems as may be reasonably necessary for IKON to perforni such services. Customer acknowledges that IKON's performance of any such services is dependent. upon Customer's timely and effective performance of its responsibilities as set forth in the Service Order, as applicable. Unless connectivity services are specifically identified in the Service Order as part of the services to be performed by IKON, IKON shall have no obligation to perform and no responsibility for the connection of any hardware or software to any Customer network or system. Rev. - 10.09 vol 15 le pp,. _ 7 q- 9. CustQaler bli ins. Customer agrees to provide a proper place for the use of the serviced equipment, including electric service as specified by the manufacturer. Customer will provide adequate facilities (at no charge) for use by IKON representatives in connection with the service of the serviced equipment hereunder within a reasonable distance of the serviced equipment. Customer agrees to provide "360 degree" service access to the serviced equipment. Customer will provide a key operator for the serviced equipment and will make operators available for instruction in use and care of the serviced equipment. Unless otherwise agreed upon by IKON in writing or designated in the applicable Service Order, all supplies for use with the serviced equipment will be provided by the Customer and will be available "on site" for servicing. Customer agrees that any systems utilizing similar supplies must be covered under similar inclusive service programs. 10. ;[rlY ' inatio_it. Customer may terminate any Service Order under this Agreement prior to its maturity so lung as Customer is not then in default and provides IKON at least thirty (30) days prior written notice. For each Service Order having an initial term of at least 36 months, Customer shall pay to IKON, as liquidated damages and not as a penalty, the following early termination fee ( "Termination Fee"): (i) if the termination occurs in months 1 through 12 of the term of such Service Order, an amount equal to 12 times the "Monthly Service Charge" (as defined below) payable under such Service Order; (ii) if the termination occurs in months 13 through 24.. an amount equal to 9 times the Monthly Service Charge; and (iii) if the tennination occurs anytime after the 24th month, an amount equal to the lesser of 6 times the Monthly Service Charge or the number of months remaining under the then current tern of such Service Order. For each Service Order having an initial term of less than 36 months, the Termination Fee shall be equal to the lesser of 6 times the base Monthly Service Charge or the number of months remaining under the initial term of such :Service Order. For the purposes herein, the "Monthly Service Charge" shall equal (i) the base monthly Service charge set forth in the applicable Service Order; or (ii) in the event the Service order does not contain a base monthly Service charge, the average monthly Service Order charges for the 6 -month period prior to the date of Customers termination. If such termination date occurs less than 6 months after the effective date of the Service Order, the Monthly Service charge will be equal to the average monthly Service order charges for the number of months the Service Order was in effect. IL In surance . At all times during the tern of this Agreement, each party agrees to obtain and maintain in effect the following insurance coverages_ (a) Each party shall maintain Workers' Compensation Insurance for all such party's employees, including coverage under the applicable State and Federal Laws where the work will be performed. Each party shall also require that all of its subcontractors maintain similar Workers' Compensation coverage. (b) Each party shall maintain Employer's Liability Insurance, typically coverage l3 of the Workers' Compensation policy, with limits of a minimum of: (i) $1,000,000 for each accident for bodily injury by accident. (ii) $1,000,000 for bodily injury by disease, and (iii) $1,000,000 for each employee for bodily injury by disease. Each party shall also require that all of its subcontractors maintain similar Employer's Liability coverage. (c) Each party shall maintain General Liability Insurance that includes the other party as an additional insured. Limits shall be a minimum of $4000,000 per occurrence for bodily injury and property damage and (ii) $2,000,000 annual aggregate. Coverage shall include those perils generally associated with a commercial general liability policy and specifically include contractual liability coverage. Coverage shall contain no exclusions for cross liability between insureds. Each party shall also require that all of its subcontractors maintain similar general liability insurance. The following terms shall apply to all Product sale transactions: 12. 9rd r " De v and ceuta c In order to purchase Products from IKON hereunder, Customer will either (i) execute a Sales Order (in a form to be provided and executed by IKON) referencing this Agreement, or (ii) issue a valid and signed purchase order to IKON (each referred to in this Agreement as a "Sales Order'). Each Sales Order must identify the Products, the Product delivery location and the applicable Product charges for such order. IKON will not be obligated to sell or deliver Products fbr which such information is not provided in a Sales Order accepted by IKON. Unless otherwise agreed upon by both parties in writing, (a) delivery of Products to common carrier or, in the case of an arranged delivery by a local IKON installation vehicle, actual delivery by such vehicle to Customer shipping point, shall constitute delivery to Customer, and (b) Customer shall be responsible for all installation, transportation and rigging expenses. Customer agrees to confirm delivery of all Products covered by this Agreement when the same is delivered by signing a delivery and acceptance certificate or written delivery acknowledgement. Orders shall not be cancelable by the Customer following acceptance by IKON. IKON reserves the right to make Product deliveries in installments. All such installments shall be separately invoiced and paid for when due, without regard to subsequent deliveries. Delay in delivery of any installment shall not relieve Customer of its obligation to accept remaining installments and remit payments as invoiced by IKON. IKON reserves the right at any time to revoke any credit extended to Customer because of Customer's failure to pay for any Products when due or for any other credit reason. 13. Returns; Da mage d Pro d4tets. No Products may be returned without IKON's prior written consent. Only consumable goods invoiced within sixty days will be considered for return. On authorized returns, Customer agrees to pay a restocking charge equivalent to 30% of the purchase price. Merchandise returned without written authorization may not be accepted at the receiving dock and is the sole responsibility of the Customer. All non saleable merchandise (that has been opened or partially used) will be deducted from any credit due to the Customer. All claims for damaged Products or delay in delivery shall be deemed waived unless made in writing, delivered to IKON within five days after receipt of Products. Rev - 10.09 151P Pg. 30 The following terms shall apply to the IKON PlusPak Program: 14. iKON Progra For eligible equipment (as determined by IKON f time to time), Customer may elect to obtain Services by participating in the IKON PlusPak Program. To participate, Customer must purchase an IKON PlusPak for the desired item of equipment by executing either a Sales Order or a Service Order indicating a PlusPak purchase and the specific item of eligible equipment for which coverage is desired. Participation in the PlusPak Program shall commence following payment for the PlusPak and entities Customer to receive (a) one (1) toner cartridge for the item of equipment covered by the PlusPak, and (b) Services for such item of equipment until PlusPak coverage terminates. Participation in the PlusPak program is voluntary and Customer may terminate PlusPak coverage at any time upon thirty (30) days prior written notice to IKON. PlusPak coverage shall terminate automatically upon the first to occur of (x) consumption of the PlusPak toner cartridge, (y) purchase by Customer of a non- PlusPak toner cartridge, or (z) three (3) years from the date of PlusPak purchase. By participating in the PlusPak Program, Customer acknowledges and agrees that IKON shall have no obligation to provide Service or refund PlusPak payments following termination of PlusPak coverage for any reason. in order to obtain Service following termination of coverage, Customer may purchase additional PlusPaks, or purchase Services on a time -and- materials basis at IKON's then - prevailing rates and in accordance with the terms and conditions of this Agreement. PlusPak purchase prices arc non - refundable and are due and payable following delivery of PlusPak consumables. All of the terms and conditions of this Agreement shall apply to PlusPak transactions, excluding those set forth in Sections 4, 5b, 7b and 10b. in the event of a conflict between the terms and conditions of this Section and those set forth in any other Section of this Agreement, the terms and conditions of this Section shall control. I'he following terms shall apply to all transactions: 15. Warranty. IKON agrees to perform its Services in a professional manner, consistent with applicable industry standards. IKON is not the manufacturer of any of the Products. However, in connection with any Product sale, IKON shall transfer to Customer any Product warranties made by the applicable Product manufacturer, to the extent transferable and without recourse. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, IKON DISCLAIMS ALL WARRANTIES AND REPRESENTATION'S, EXPRESS OR IMPLIED, OF ANY NATURE WHATSOEVER, INCLUDING BUT NOT LI II I7 D TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR USE, OR FITNESS FOR A PARTICULAR PURPOSE. IKON SHALL NOT BE RESPONSIBLY; AND SHALL HAVE NO LIABILITY FOR ANY DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES ARISING OUT OF THE USE OR PERFORMANCE OF THE EQUIPMENT OR THE LOSS OF USE OF THE EQUIPMENT, IKON'S TOTAL AGGREGATE LIABILITY TO CUSTOMER, iF ANY, UNDER ANY SALES ORDER OR SERVICE. ORDER, SHALL. IN NO EVENT EXCEED THE TOTAL FEES PAID 1 IKON THEREUNDER. IN NO EVENT SHALL IKON BE LIABLE TO CUSTOMER FOR ANY DAMAGES RESULTING FROM OR RELATED TO ANY FAII..URE OF THE SOFTWARE, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, OR DELAY OF DELIVERY OF SERVICES TINDER THIS AGREEMENT. IKON ASSUMES NO OBLIGA'I'ION TO PROVIDE OR INSTALL ANY ANTT -VIRUS OR SIMILAR SOFTWARE AND THE SCOPE OF SERVICES CONTEMPLATED HEREBY DOES NOT INCLUDE ANY SUCH SERVICES. Customer must comply with any applicable license agreement or license terms relating to intangible property or associated services included in any Products, such as periodic software licenses and/or prepaid data base subscription rights ( "Software License "), whether pursuant to written, click- through, shrink -wrap or other agreements for such purpose, with the supplier of the Software ( "Software Supplier "). IKON has no right, title or interest in any Software. Customer is solely responsible for entering into Software Licenses with the applicable Sofhvare Supplier. Ih. Ricoh De sktop _P rinter Warranty Any Services under this Agreement for Ricoh Desktop Printers (which may, in some circumstances, be identified by the designation "[DS]" on the Service ter Order} aze rovided exclusively under the terms of the One (1) Year Manufacturer's Warranty provided with such Ricoh Desktop Prins and a r to the terms and conditions set fbrih therein. *k x. 17. EU meut; Risk of Loss; Taxes Payment terms are net ten k49y ays_ If invoices are unpaid and overdue, Customer agrees to pay 1KON a late charge of 1.5% per month on any unpaid amounts or the maximum allowed by law, whichever is less, and in addition shall pay IKON all costs and expenses of collection, or in the enforcement of IKON's rights hereunder, including, but not limited to, reasonable internal and external legal costs, whether or not suit is brought. All remedies hereunder or at law are cumulative; provided, however, that the sole remedy of Customer for any Services not performed in accordance with the Service standards set forth in this Agreement shall be the prompt and proper re- performance of such services at no additional charge. Unless otherwise agreed upon by both parties in writing, Customer assumes all risk of theft, loss or damage, no matter how occasioned, to all Products covered by this Agreement following delivery by IKON to common carrier or, in the case of an arranged delivery by a local IKON installation vehicle, delivery by such vehicle to Customer shipping point. Except to the extent of any applicable and validated exemption, Customer agrees to pay any applicable taxes that are levied on or payable as a result of the use, sale, possession or ownership of the Products and/or Services covered hereunder, other than income taxes of IKON. 18. Assignment: Fo rce Majeure. Customer shall neither assign any right or interest arising under this Agreement nor delegate any obligations hereunder without the prior written consent of IKON. Any such attempted assignment or delegation shall be void. IKON shall not be liable for failure to deliver or delays in delivery or Products or Services occasioned by causes beyond iKON's control, including without limitation strikes, lockout, fires, embargoes, war or other outbreak of hostilities, inability to obtain materials or shipping space, receipt of orders in excess of IKON's or its supplier's then - scheduled production capacity, machinery breakdowns, delays of carrier or suppliers, governmental acts and regulations or other causes beyond IKON's control. Rev. - 10119 VOL SALES ORDER / SERVICE ORDER Master Sale Agreement Date �t►�' Document Efficiency Wd At Wor �_ - - - -_— ARKdtCOMN1NY Master Maintenance Agreement Date Master Maintenance and Sale Agreement Date This is an Order made pursuant and subject to the terms ana conuruui - IKON Office Solutions, Inc. "l he signature below indicates that the Customer accepts all terms and conditions of the applicable Master Agreement(s) for this sale, including but not limited to the terms and conditions set forth in the Master Agreemcnt(s) and any Exhibit A thereto, all of which are incorporated herein by reference and made part of this Order. This Order is not valid unless and until signed by an Authorized Manager of IKON Office solutions, Inc. Serv1cc7�eY,els; �z:r: Mill 11VIKA!''IR 11 111 IKON sales Forms - 02 I U vol. I 5( p Pg. 8 6--A O F = a� b L L .VA y o � e _ � V O c c R U ti a c� m C di z � w F U Z a W ^ R tad ¢ U W A 0 H y O U � Y a v u u E H Z E w w W � O y W L�IJHLILI N •� y d C U d d E O S.. w a L p U > O a L 0 0 U� 3 � U Z a L LILI L-1 N u Ll a C U v - n 1 a u v Y 0 Q N 7 N O LL N O 0 Z 0 U01. pg. m a L L 3 3 • L u tv i n • v a d a .� •q 1 ` p O rz LLL O •X � � Gi R o ° ° ° Q U U Q 0 U Z u Y 0 Q N 7 N O LL N O 0 Z 0 U01. pg. m a 19. GuYerning, 1,avv•.f ere Ureetnepi. This Agreement shall be governed by and construed and interpreted in accordance with the laws of the Commonwealth of Pennsylvania, llic parties hereto also agree to submit to the non - exclusive jurisdiction of the courts of the Commonwealth of Pennsylvania to resolve any action under this Agreement. '[his Agreement constitutes the entire agreement between the parties and may not be amended except in writing signed by an officer or authorized representative of IKON. All Sales Orders and Service Orders sha be governed solely by the terms and conditions of this Agreement, notwithstanding the inclusion of any additional or different teens and conditions in any order document of any kind issued by Customer at any time. PURCHASE ORDERS ISSUED BY CUS'I OMI ?R FOR PRODUCTS AND/OR SERVICES FROM IKON, EVEN 1F THEY DO NOT F.XPRESSL,Y REFERENCE OR INCORPORATE THIS AGREEMENT, SHALL BE SUBJECT 'l'O THIS AGREEMENT AND SERVE ONLY - 1 . 0 IDENTIFY THE PRODUCTS AND /OR SERVICES ORDERED AND SHALL NOT i3E DEEMED TO ALTER OR OTIIERWISi: MODIFY THE TERMS AND CONDITIONS OF THIS AGREEMENT. The delay or failure of either party to enforce at any time any of the provisions of this Agreement shall in no way be construed to be a waiver of such provision or affect the right of such party thereafter to enforce each and every provision of this Agreement. if any provision of this Agreement is held to he invalid or unenforceable, this Agreement shall be construed as though it did not contain the particular provision held to be invalid or unenforceable. IKON may accept or reject any order in the exercise of its discretion and may rely upon each order submitted by Customer as a binding commitment. No local, general or trade custom or usage or course of prior dealings between the parties shall he relevant to supplement or explain any term used herein. This Agreement and any Sales Orders or Service Orders may be executed in one or more counterparts which, taken together, shall constitute one and the same original document. Any notices required under this agreement should be sent to: IKON Office Solutions, Inc., 3920 Arkwright Road Macon, UA 31210. Attention: IKON Quality Assurance Department s CU 0�1 ER' t h a IKON OFFICE SOLD I IONS, I1ti1C ,�a Authorized Signature ; ,_ � ,rued Signature I -- - - - -- ...- - -- ``Sig nature Printed Name �. � �� �T- -- Signature Printed Name -- Title N O N Title --- -- Fr)-t- 1 1 [w L— Date Rev. - 10.09 1510 P 94 f :i w4" Rev. - 10.09 1510 P 94 N v m a, N a d 01 a C E O O O. O N U LL a L 9 ' O d � y m a 'CS t N .+ d q h N O d u CD d a r N_ a N_ O .0 F {- O � W O � O C7 ao r � 0 0 Cn v ti r` o_ N [D O P O O O Y u O C7 co N C O C 19 U d N U CL x LU 0 a O P E� o "- of m � N CL 0 U a� c � '3 N _o Ov d t d O E d 00 Q, a N d (L 10 O N O C7 N LL ii Q7 C U u N _U Q N _O Q n o � N a � � N � N Q Brazos County Purchasing Department 200 SOUTH TEXAS AVE SUITE 352 BRYAN, TX 77803 PHONE (979) 361 -4290 FAX (979) 361 -4293 Charles Wendt, Purchasing Agent Leslie Williams, Assistant Purchasing Agent January 6. 2012 Hovorak Fence Construction PO Box 631 Caldwell, TX 77836 Attn_ Andrew Hovorak, Jr. Re: Renewal of Contract for Fence Building – 2012 -20R Tiffany West, Buyer 11 Brazos County would like to exercise the renewal option for Fence Building – 2012 -20R previously known as 2011 -19R, 2010 -20R and 2009 -25 for the Road and Bridge Department. All terms, conditions, and pricing shall remain the same. After Commissioner's Court approval, the renewal will start February 19, 2012 through February 18, 2013. To accept the renewal option, please fill out the information and sign below. Return the signed documents by email to lwiiliams @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, 1 may be reached at (979) 361 -4294. V 1 Tele hone: y �,J 0 I s �- Contact Name: � ��� � ` —_. � i r P - q7q 5 30D :2, 1✓ -Mail: - - - - - -- _ -- - - - - - -- r4 rem 90v()( 2 2 HOVORAK FENCE CONSTRUCTION over (j�_ Signature Date BRAZOS COUNTY' _. _..- _.. -.._.. Duane Peters, County Judge Date 5� Pg. 8� — Vol. DYI I v�a-I � ✓,� INVITATION TO BID FENCE BUILDING - ANNUAL CONTRACT BRAZOS COUNTY PURCHASING DEPT 200 S. Tx. Ave., Ste. 352 Bid Request No.2009 -25 Bryan, Texas 77803 Page 1 of 8 Pages Telephone (979) 3614292 Bids will be received at the Brazos County Courthouse, Purchasing Department, 200 S. Tx. Ave., Ste. 352, Bryan, Texas unfit 11 a m_ Friday, Fgb M 6. 2009, at which time bids will be publicly opened and read aloud. A. SCOPE OF BID B'tds are solicited for fumishing the service, and/or equipment set forth in this bid request for a period beginning February 17�ough February 16.2010, in accordance with the following Conditions of Bidding. B. CONDITIONS OF BIDDING The following instructions apply to all bids and become a part of terms and conditions of any bid submitted to the Brazos County Purchasing Office, unless otherwise specified elsewhere in this bid request. All bidders are required to be informed of these Terms and Conditions and Wit be held responsible for having done so: 1. Definitions: In order to simplify the language throughout this bid, the following definitions shall apply: a. BRAZOS COUNTY - Same as County. b. COMMISSIONERV COURT - The elected officials of Brazos County, Texas given the authority to exercise such powers and jurisdiction of all county business as conferred by the State Constitution and Laws. C. CONTRACT - An agreement between the County and a Supplier to fumish supplies and/or services over a designated period of time during which repeated purchases are made of the commodity specified. d_ CONTRACTOR - The successful Bidders) of this bid request. e. COUNTY - The government of Brazos County, Texas and its authorized representative. f. SUB - CONTRACTOR - Any contractor hired by the Contractor or Supplier to furnish materials and services specified in this bid request. g. SUPPLIER - Same as Contractor. 2. Upon acceptance and approval by the Commissioners' Court, this bid effects a working contract between Brazos County and the successful bidder for the period designated. 87 Bid Coritirwation Sheet Bid Request No. 2009 -25 BRAZOS COUNTY, TEXAS Page 2 of 8 Pages 3. Bids must be received by the purchasing Department prior to the time and date specified. The mere fact that the bid was dispatched will not be considered; the bidder must have the bid actually delivered. 4. The County reserves the right to accept or reject in part or in whole, any bids submitted, and to waive any technicalities for the best interest of the County. 5. Brazos County shall not be responsible for any verbal communication between any employee of the County and any potential bidder. Only written specifications and written price quotations will be considered. 6. Brazos County reserves the right to reject any bid that does not fully respond to each specified item. ,4 7, Bidder must include Employer Identification Number for the bid to be valid. i3. Should there be a change in ownership or management, the contract shalt be canceled unless a mutual agreement is reached with the new owner or manager to continue the contract with its present provisions and prices. This contract is nontransferable by either party. 9. The County may cancel this contract at any time for any reason, provided a thirty -day written notice is given. 10. The bid award shall be based on, but not necessarily limited to, the following factors: a. Unit price b. Total price c. Special needs and requirements of Brazos County d. Results of testing samples (if needed) e. Delivery f. Brazos County's experience with products bid q. Vendor's past performance record with Brazos County. 11. Although the cost of products to be provided is an essential part of the Bid, Brazos County is not obligated to award a contract on the sole basis of cost. 12. Acceptance of merchandise, work, andlor equipment provided shall be made by the County at the sole discretion of the Commissioners Court when all terms and conditions of the contract and specifications have been met to its satisfaction, including the submission to the County of any and all documentation as may be required. 13. Title and Risk of loss of the goods shall not pass to Brazos County until the County actually accepts and takes possession of the goods at the point or points of delivery. 14. This agreement shall be govemed by the Uniform Commercial Code as adopted in the State of Texas as effective and in force on the date of this agreement 15. Bids must be submitted on units of quantity specified. In the event of errors in extended prices the unit price shall govern. Any suggested change in quantity on the part of the Vol. ' 5 �p Pg. Bid Contimiadon Sheet BRAZOS COUNTY, TEXAS Bid Request No. 2008.25 Page 3 of 8 Pages bidder to secure better price or delivery is welcomed and may be given consideration provided that the bidder also bids on the quantity specified. 16. Bids must specify the number of consecutive calendar days required to delver the commodities under normal conditions. Failure to specify delivery time will be considered reason enough to cause the bid to be disregarded. Delivery time quoted will be given consideratlon in awarding orders. If delivery is not made within a reasonable time of the specified delivery in the bid, the entire order or contract may be canceled and the bidder barred from quoting in future bids. 17. Bids cannot be altered after receiving time. No bid may be withdrawn after opening time without acceptable mason and with the approval of the Purchasing Agent. 18. Bids must be submi on this form and returned in a sealed envelope clearly marked with Vendor Name and Bid Number to ensure proper recognition upon its arrival. Bids will not be considered if submitted by telephone, fax or any other means of rapid dispatch, nor will a bid be considered if submitted to any other person or department other than specifically instructed. 19. If vendor in receipt of post card is unable to bid, the bid should be submitted as a `No Bid' and returned to the Purchasing Department before opening time. This is necessary vendor wants to remain on vendor list and receive future bid notifications. 20. 21 In the event of a needed change in the specifications sent to the bidder, it is understood that all the foregoing terms shall apply to the addendum or addenda. 22, it is our policy not to furnish bid results by phone. Bid results and tabulation sheets will be posted on the Brazos County web site (www.co&azos.tx.us, Departments, Purchasing, Current Bid Tabulations) upon award of bid by Commissionees Court. 23. Brazos County reserves the right to extend this contract annually for a maximum of 3 (three) years with no changes in the terms or conditions of this contract, if agreed upon by both parties. 24. The successful o%ror agrees to extend prices and terms to all entities that has entered or will enter into joint purchasing inter -local cooperation agreements) with Brazos County. Vol. 1562 Pg. S`) ' Bid Continuatilm Sheet BRAZOS COUNTY, TEXAS C. SPECIAL PROVISIONS Bid Request No. 2009.25 Page 4 of S Pages of wire fares for All Work in the under this n d s a!I be done by trained and qualified workers, experienced in Installing the specified material in this Contract. 2. In addition, each Contractor shall submit with his Bid, a list of a minimum of three references of jobs on which he is currently working or which he has completed within the last two years. Each reference shall list the name of the organization for which the work was done, and the name and the phone number of a supervisory employee of the organization who is familiar with the work performed. 3. Payment of the Contract will be made within 30 days upon Final Inspection and Acceptance of the completed work by the County Engineer, receipt of a correct invoice, and certification of materials and workmanship_ All invoices shall be sent to: Mr. Richard Vance, Brazos County Engineer Brazos County Road & Bridge Department 2617 West Highway 21 Bryan, Texas 77803 4. Bidders must comply with the State of Texas Labor Laws as required by the following statutes: Vernon's Penal Code Articles 1559a,1580,1581, and 1581a. The Contractor shall pay ad laborers, workmen, and mechanics employed at the site of work not less than the general prevailing rates or wages for work of a similar character in the locality in which the work is performed. 5. The Contrador shall employee all necessary safety precautions to prevent injury to persons, property, and equipment Noise shall be kept to a minimum. 6. Should any damage to the Countys property or any surrounding privately owned property be caused by the Contractor, the Contractor will be responsible for the repairs. The County may; however, elect to make repairs or replace damaged property and deduct the cost from monies due or to become due to the Contractor. 7. The Contractor shall furnish all labor, tools, equipment, insurance, pemnits, and any other incidentals necessary to perform a turnkey job in compliance with the specified requirements and any other governmental regulations pertaining to personnel, insurance, and environmental protection. 8. All work is to be performed in a professional manner by skilled personnel using the equipment deemed proper for a job of this nature. 9. All prices quoted shall include delivery of materials, F.O.B. Brazos County (job site), The Contractor shall be responsible for receiving, unloading, and storing all supplies and equipment intended for this job. 154 Vol. y© Bid Continuation Sheet Bid Request No. 2009 -25 BRAZOS COUNTY, TEXAS Page 5 of 8 Pages 10. The County will not be held liable for any loss or damage to supplies, materials, tools, and equipment left on or near the job site before, during, or after the project is completed. 19. There must be at least one person at the jobsite at all times who is able to understand and converse in English. D. INSURANCE REQUIREMENTS 1. The Contractor shall defend, indemnify and save harrttiess the County from all suits, actions, and damages or costs of every name and description to which the County may be subject or put by reason of injury to persons (bodily injury, Including death, or any personal injury) or property damage as a result of the work whether caused or alleged to be caused by the negligence, carelessness or willfulness on the part of the Contractor, his employees, subcontractors, independent contractors, or agents, or on the part of the County, its servants or agents, or other cause. Monies due or to become due to the Contractor under this Contract as may be considered necessary by the County shall be retained by the County until such suits or claims for damages shall have been settled or otherwise disposed of and satisfactory evidence to that effect has been furnished to the County. 2, The Contractor shall, in addition, instruct his insurance agent or carrier to furnish to the County a Certificate of Insurance attesting to the issuance of the following policies affording coverage as required and listed in the following parts of this section. Please note that such Certificates of Insurance and any required bonds must be issued and then approved by Brazos County Msk Management. The Certificate of Insurance must be approved by the County before any construction work can begin. a. Statutory Workmen's Compensation and Employer's Uabifity Insurance. In the event any work is sublet, the Contractor shall require the subcontractor similarly to provide the same coverage and shall himself acquire evidence of such coverage on behalf of the subcontractor. General Liability Insurance with limits for bodily injury of not less than $1,000,000 CSL. The policy shall be on the comprehensive general liability form, and shall include coverage for ads of independent contractors. c. Automobile Liability Insurance with limits of bodily injury liability and property damage of not less than $500,000 CSL on all sett- propew vehicles used in connection with the contract, whether owned, leased, or hired. rj P q i VOL Bid Continuation Sheet BRAZOS COUNTY, TEXAS E. WORKMANSMP AND MATERIALS Bic! Request No. 200925 Page 6 of 8 Pages Al worts shall be done in accordance with the plans, drawings, and specifications and In the best and most workmanlike manner by qualified, careful and efficient workers, in strict conformity with the best accepted practices of each craft concerned, and at all times workmanship shall be subject to inspection and approval of the County Engineer. 2. If, upon completion of job, any faulty workmanship is noted, as determined by the County Engineer, the contractor shall within a reasonable length of time after having received notice from the County Engineer to that effect, proceed to remove from the job site all faulty work and rebuild fence to County specifications at his sole expense, including alt materials and labor. 3. Application for minor changes for improving architectural treatment or utilization of available materials shall be made to the County Engineer. F. SPECIFICATIONS 1. unless otherwise specified when order is placed, all items in this advertisement shall meet or exceed Texas State Department of Highways and Public Transportation, Standard Specifications for Construction of Highways, Streets, and Bridges (latest edition), Item 552.4, also, diagrams A. B, and C enclosed. 2. Inspection will be made by a qualified representative of the County (County Engineer) as the job progresses and the Contractor is required to cooperate in these efforts. All inspections will be conducted during the normal working hours of the County. The County Road and Bridge Departrnent is open from 7:00 a.m. to 5:00 p.m. Monday through Thursday. 3. The Contractor shall clean up and remove ail debris, containers, and other job related items or defacements from the premises after completion of the required work. 4. The Contractor shall load all surplus materials on the trailer provided by the County, for redistribution to a County facility by a County employee, upon completion of required work. 5. If required, water gap designs shall be approved in the field by the County Engineer or his representative, prior to installation. 6. Post and wire placement shall be discussed prior to the start of the job in relation to the survey line. 7. Contractor shall be held responsible for the maintenance of as survey lines as established by the surveyor. 8. For technical questions regarding this bid, please call Linda Muegge, Brazos County Road and Bridge Department at 979 1 822 — 2127. 15 � 1, r ' Bid Continuation Sheet Bid Request No. 2003 --25 BIWOS COUNTY, TEXAS Page 7 of 8 Pages G. QUOTATION The following quantity is an estimate of our anticipated purchases and will be used ONLY for tabulation purposes. The specified estimates are not guaranteed minimums. Fill in the blanks with the unit price that is firm for the contract period. An R oposals received indicating an escalator clause shall be considered non - responsive The bid will be awarded to the kmest bidder based on the example fencing enclosed. This example is for tabulation purposes only and is only a representation of the possible fence building required. Please find additional drawings attached indicating how the fence should be built: Diagram A - 8" Diagram B - 8' Diagram C - 8' 1. Cost per Linear Foot for wire fence types A, B, and C (approximately 25,000 linear feet) Diagram A - 8' Diagram B - 8" Diagram C - 8' Labor Only $ Ainear foot Installation Cast for Gates $ A °`' Iper gate Installation Cost for Comer Posts $ 1 2.0 0 /per comer post 2. Cost per hour for special applications (not shown by detail drawing) pre- approved by the County Engineer. no $ lhour 3. Work can be started within consecutive calendar days after receiving notice to proceed. 4. References: Name Address Phone Number 06 , 11 3a�1 -B�O�O `{ S w&,-AoaAe Coca B 49&. Tk 77sm 9671 T, I.v E Tel 0Ai,,%4V 14rI - 4- - -1410 DomA Moe k-ii" - evas? -M 0 rd'Ift kww 76 0 E"4,nark j} rido Sru' 106 ca ���� S r, 1�, 7 7 Bq5 Vol. 15te ,, 93 -� Bid Contirwation Sheet BRAZOS COUNTY, TEXAS H. CERTIFICATION OF BID Bid Request No. 2009 -25 Page 8 of 8 Pages The undersigned affirms that they are duly authorized to execute this contract, that this bid has not been prepared in collusion with any other bidder, and that the contents of this bid have not been communicated to any other bidder / prior � fficiat opening of this b' . 6a go of ct �c CL+1 Signed gY S' 9 +1 , 7*: 6 ee Typed Name. 4 9 coo r a k rem r-- Co „ S tJ � � t C 1 0 .. Company Name: LVA PCA.. k Ft�C a ,A ,., f % +rk ('Te Phone No. - 0 5054 Mailing Address: F Bog � 3 t Oa I d,. e 11 �1 - 779 36 P. 0. Box or Street City State Zip Employer Identification Number. 453 53 0 CORPORATE SEAL IF SUBMITTED BY A CORPORATION END OF BID REQUEST NO. 2009-25 44 C ee &J�. � a 9ed r4 eon,f�6AC4r'on Rojo f a r �'t,1 i c c N -e4 w f r e �ed W Are /, G j j o T a letu� f S s P O&J, IId veaj r d--� voi. , � pg. 94- STANDARD PUDCRASE 713tM AND c CWiDff MDM ROAD AND ORE" DUAD MENT BRAZOS COUNY, TEEAS 3dw ad agar agwa as hatasr A. dtraa Cos* ntwra Y iw b amapt w wjpoldlarprteflbteat�dflMhYad >Nas` 7MCawt*8ia 1rad;)li b aaegtibf ab pat M hid Oaroidred b ba lw bwd prod lmgtwdlh liibrarae W dmmwmdaduatdtgaaa to to Math. ti WE W MMMMM 86 aryl M aabd b be DOM On* f ftft Offok itaata On* CMMeaw 3W Eat >• SMEt SAM 3K rya, Tare; 771f1r, pies b 1w deb aid am dp "d is to M ammalL aft woairtd Aw wpuod &b ad b n wi it wbsrad amparad b fa . lilt. r MMM]DM b taawriadutfe'seoedMifas}auic�a Stet! b, tw wddrt.+t ■+tsar+ rat ai fdtd Yarn t.i aoiwa aadf appy b arattdrdwt at addtrwb 3 ��.• (� N • ar • Saes hidsri� M aaditM alto to birlla mrpon a l I l I t AU &m taf$WW b h hid. t %a Santa he And Now be liM ha Wom dtlwad b fn Banat CdwM Aniolt afo Hawtrta, fn MMw = mWw a halal wywa b Mte Coaaabetotrtes Cant b Itsra tits hN at auhaMtd uflr4aw b taMh* Attar b to �d S id as atintMsd by Yddtr alas Mdoft fa hi bget rnerb d be iwl oatad ttifbiq sibwa, Mt Wmw wffAw- =d a mpbjw ida+lilctdort aaa0er. ad be teatarWN $%WA bl a wpribYMMr I submw b Stint iim pill 4dtfota brfa M&bq 6K TM In ma ofd aafatbd aigtobre 00 wpm M sea gate pt A*A m bid dsaatwt G m Al bids raid he s &AW Uft a• Oft"d atom and murod M M arJtaai !W W rrban arrdapa ae herd trMf W daanaeab, b aria b Wrn ptoptr aQ+gnMiet+ Wd ptaoteebq 4dta artwl h fo feear Cetafy Amgm't Oim f'!dt seaward 4 W*bo4 0 11 L bs 1 1 batettled w 00 ■yard d MW dbpaftld a attgatbe Sale w e 0 d1 bWdW * stadia U� aft sdrdMtd b ay pm w *4wmw Saint brt 1w 1lteat QtatflYAdbttOffsralM aeeapMd. 7. 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LO a/ VoL I� pB• 1 �Q Ienw�w INVITATION TO BID - Renewal FENCE BUILDING - ANNUAL CONTRACT BRAZOS COUNTY PURCHASING DEPT 200 S. Tx. Ave., Ste. 352 Bryan, Texas 77803 Telephone (979) 361 -4292 Bid Request No.2012 -20R Page 1 of 8 Pages Bids will be received at the Brazos County Courthouse, Purchasing Department, 200 S. Tx. Ave., Ste. 352, Bryan, Texas until 11:00 a.m., Friday, February 6, 2009, at which time bids will be publicly opened and read aloud. A. SCOPE OF BID Bids are solicited for furnishing the service, and /or equipment set forth in this bid request for a period beginning February 17, 2009 through February 16, 2010, in accordance with the following Conditions of Bidding. B. CONDITIONS OF BIDDING The following instructions apply to all bids and become a part of terms and conditions of any bid submitted to the Brazos County Purchasing Office, unless otherwise specified elsewhere in this bid request. All bidders are required to be informed of these Terms and Conditions and will be held responsible for having done so; Definitions; In order to simplify the language throughout this bid, the following definitions shall apply; a. BRAZOS COUNTY - Same as County. b. COMMISSIONERS' COURT - The elected officials of Brazos County, Texas given the authority to exercise such powers and jurisdiction of all county business as conferred by the State Constitution and Laws. C. CONTRACT - An agreement between the County and a Supplier to furnish supplies and /or services over a designated period of time during which repeated purchases are made of the commodity specified. d. CONTRACTOR - The successful Bidder(s) of this bid request. e. COUNTY - The government of Brazos County, Texas and its authorized representative, f. SUB - CONTRACTOR - Any contractor hired by the Contractor or Supplier to furnish materials and services specified in this bid request. g. SUPPLIER - Same as Contractor. Upon acceptance and approval by the Commissioners' Court, this bid effects a working contract between Brazos County and the successful bidder for the period designated. 15 Gv pF. Q 7 Bid Continuation Sheet Bid Request No. 2012.20R BRAZOS COUNTY, TEXAS Page 2 of 8 Pages 3. Bids must be received by the Purchasing Department prior to the time and date specified. The mere fact that the bid was dispatched will not be considered, the bidder must have the bid actually delivered. 4. The County reserves the right to accept or reject in part or in whole, any bids submitted, and to waive any technicalities for the best interest of the County. 5. Brazos County shall not be responsible for any verbal communication between any employee of the County and any potential bidder. Only written specifications and written price quotations will be considered. 6. Brazos County reserves the right to reject any bid that does not fully respond to each specified item. 7. Bidder must include Employer Identification Number for the bid to be valid. 8. Should there be a change in ownership or management, the contract shall be canceled unless a mutual agreement is reached with the new owner or manager to continue the contract with its present provisions and prices, This contract is nontransferable by either party. 9. The County may cancel this contract at any time for any reason, provided a thirty -day written notice is given. 10. The bid award shall be based on, but not necessarily limited to, the following factors: a. Unit price b. Total price C. Special needs and requirements of Brazos County d. Results of testing samples (if needed) e. Delivery f. Brazos County's experience with products bid g. Vendor's past performance record with Brazos County. 11. Although the cost of products to be provided is an essential part of the Bid, Brazos County is not obligated to award a contract on the sole basis of cost. 12. Acceptance of merchandise, work, and/or equipment provided shall be made by the County at the sole discretion of the Commissioners Court when all terms and conditions of the contract and specifications have been met to its satisfaction, including the submission to the County of any and all documentation as may be required. 13. Title and Risk of Loss of the goods shall not pass to Brazos County until the County actually accepts and takes possession of the goods at the point or points of delivery. 14. This agreement shall be governed by the Uniform Commercial Code as adopted in the State of Texas as effective and in force on the date of this agreement. Vol. 1519 P g . q8 Bid Continuation Sheet Bid Request No. 2012 -20R BRAZOS COUNTY, TEXAS Page 3 of 8 Pages 15. Bids must be submitted on units of quantity specified. In the event of errors in extended prices the unit price shall govern. Any suggested change in quantity on the part of the bidder to secure better price or delivery is welcomed and may be given consideration provided that the bidder also bids on the quantity specified. 16. Bids must specify the number of consecutive calendar days required to deliver the commodities under normal conditions. Failure to specify delivery time will be considered reason enough to cause the bid to be disregarded. Delivery time quoted will be given consideration in awarding orders. If delivery is not made within a reasonable time of the specified delivery in the bid, the entire order or contract may be canceled and the bidder barred from quoting in future bids. 17. Bids cannot be altered after receiving time. No bid may be withdrawn after opening time without acceptable reason and with the approval of the Purchasing Agent, 1$. Bids must be submitted on this form_ and retu in a sealed envelope clearly marked with Vendor Name and Bid Number to ensure proper recognition upon its arrival. Bids will not be considered if submitted by telephone, fax or any other means of rapid dispatch, nor will a bid be considered if submitted to any other person or department other than specifically instructed, 19. If vendor in receipt of post card is unable to bid, the bid should be submitted as a "No Bid" and returned to the Purchasing Department before opening time. This is necessary if vendor wants to remain on vendor list and receive future bid notifications, 20. Bids must show full firm name, mailing address and telephone number and be manually signed by an authorized sales or quotation representative of the bidder. Firm name and authorized signature shall appear in each space provided. 21. In the event of a needed change in the specifications sent to the bidder, it is understood that all the foregoing terms shall apply to the addendum or addenda. 22. It is our policy not to furnish bid results by phone. Bid results and tabulation sheets will be posted on the Brazos County web site (www.co.brazos.tx.us, Departments, Purchasing, Current Bid Tabulations) upon award of bid by Commissioner's Court, 23. Brazos County reserves the right to extend this contract annually for a maximum of 3 (three) years with no changes in the terms or conditions of this contract, if agreed upon by both parties, 24. The successful offeror agrees to extend prices and terms to all entities that has entered or will enter into joint purchasing inter -local cooperation agreement(s) with Brazos County. Vol. 15 � pg. Bid Continuation Sheet BRAZOS COUNTY, TEXAS C. SPECIAL PROVISIONS Bid Request No. 2412 -20R Page 4 of 8 Pages Each Contractor shall submit with his Bid a statement that he has regularly engaged in the construction of wire fences for a period of not less than three years. All work performed under this Contract shall be done by trained and qualified workers, experienced in installing the specified material in this Contract. 2. In addition, each Contractor shall submit with his Bid, a list of a minimum of three references of jobs on which he is currently working or which he has completed within the last two years. Each reference shall list the name of the organization for which the work was done, and the name and the phone number of a supervisory employee of the organization who is familiar with the work performed. Payment of the Contract will be made within 30 days upon Final Inspection and Acceptance of the completed work by the County Engineer, receipt of a correct invoice, and certification of materials and workmanship. All invoices shall be sent to: Mr. Richard Vance, Brazos County Engineer Brazos County Road & Bridge Department 2617 West Highway 21 Bryan, Texas 77803 4. Bidders must comply with the State of Texas Labor Laws as required by the following statutes: Vernon's Penal Code Articles 1559a, 1580, 1581, and 1581 a. The Contractor shall pay all laborers, workmen, and mechanics employed at the site of work not less than the general prevailing rates or wages for work of a similar character in the locality in which the work is performed. The Contractor shall employee all necessary safety precautions to prevent injury to persons, property, and equipment, Noise shall be kept to a minimum. 6. Should any damage to the County's property or any surrounding privately owned property be caused by the Contractor, the Contractor will be responsible for the repairs. The County may; however, elect to make repairs or replace damaged property and deduct the cost from monies due or to become due to the Contractor. 7. The Contractor shall furnish all labor, tools, equipment, insurance, permits, and any other incidentals necessary to perform a turnkey job in compliance with the specified requirements and any other governmental regulations pertaining to personnel, insurance, and environmental protection. All work is to be performed in a professional manner by skilled personnel using the equipment deemed proper for a job of this nature. Pg /no Bid Continuation Sheet BRAZOS COUNTY, TEXAS Bid Request No. 2012 -20R Page 5 of 8 Pages All prices quoted shall include delivery of materials, F.O.B. Brazos County (job site). The Contractor shall be responsible for receiving, unloading, and storing all supplies and equipment intended for this job. 10. The County will not be held liable for any loss or damage to supplies, materials, tools, and equipment left on or near the job site before, during, or after the project is completed. 11. There must be at least one person at the jobsite at all times who is able to understand and converse in English. D. INSURANCE REQUIREMENTS The Contractor shall defend, indemnify and save harmless the County from all suits, actions, and damages or costs of every name and description to which the County may be subject or put by reason of injury to persons (bodily injury, including death, or any personal injury) or property damage as a result of the work whether caused or alleged to be caused by the negligence, carelessness or willfulness on the part of the Contractor, his employees, subcontractors, independent contractors, or agents, or on the part of the County, its servants or agents, or other cause. Monies due or to become due to the Contractor under this Contract as may be considered necessary by the County shall be retained by the County until such suits or claims for damages shall have been settled or otherwise disposed of and satisfactory evidence to that effect has been furnished to the County. 2. The Contractor shall, in addition, instruct his insurance agent or carrier to furnish to the County a Certificate of Insurance attesting to the issuance of the following policies affording coverage as required and listed in the following parts of this section, Please note that such Certificates of Insurance and any required bonds must be issued and then approved by Brazos County Risk Management. The Certificate of Insurance must be approved by the County before any construction work can begin. a, Statutory Workmen's Compensation and Employer's Liability Insurance. In the event any work is sublet, the Contractor shall require the subcontractor similarly to provide the same coverage and shall himself acquire evidence of such coverage on behalf of the subcontractor. General Liability Insurance with limits for bodily injury of not less than $1,000,000 CSL. The policy shall be on the comprehensive general liability form, and shall include coverage for acts of independent contractors. C. Automobile Liability Insurance with limits of bodily injury liability and property damage of not less than $500,000 CSL on all self-propelled vehicles used in connection with the contract, whether owned, leased, or hired. V01. 151P p g . r o Bid Continuation Sheet BRAZOS COUNTY, TEXAS E. WORKMANSHIP AND MATERIALS Bid Request No. 2012 -20R Page 6 of 8 Pages All work shall be done in accordance with the plans, drawings, and specifications and in the best and most workmanlike manner by qualified, careful and efficient workers, in strict conformity with the best accepted practices of each craft concerned, and at all times workmanship shall be subject to inspection and approval of the County Engineer. If, upon completion of job, any faulty workmanship is noted, as determined by the County Engineer, the contractor shall within a reasonable length of time after having received notice from the County Engineer to that effect, proceed to remove from the job site all faulty work and rebuild fence to County specifications at his sole expense, including all materials and labor. Application for minor changes for improving architectural treatment or utilization of available materials shall be made to the County Engineer. F. SPECIFICATIONS Unless otherwise specified when order is placed, all items in this advertisement shall meet or exceed Texas State Department of Highways and Public Transportation, Standard Specifications for Construction of Highways, Streets, and Bridges (latest edition), Item 552.4, also, diagrams A, B, and C enclosed. 2. Inspection will be made by a qualified representative of the County (County Engineer) as the job progresses and the Contractor is required to cooperate in these efforts. All inspections will be conducted during the normal working hours of the County. The County Road and Bridge Department is open from 7:00 a.m. to 5:00 p.m. Monday through Thursday. 3. The Contractor shall clean up and remove all debris, containers, and other job related items or defacements from the premises after completion of the required work. 4. The Contractor shall load all surplus materials on the trailer provided by the County, for redistribution to a County facility by a County employee, upon completion of required work. If required, water gap designs shall be approved in the field by the County Engineer or his representative, prior to installation. 6. Post and wire placement shall be discussed prior to the start of the job in relation to the survey line. 7. Contractor shall be held responsible for the maintenance of all survey lines as established by the surveyor. Vol. 15 `f' pg. 1 Bid Continuation Sheet Bid Request No. 2012 -20R BRAZOS COUNTY, TEXAS Page 7 of 8 Pages 8. For technical questions regarding this bid, please call Linda Muegge, Brazos County Road and Bridge Department at 979 1 822 — 2127. G. QUOTATION The following quantity is an estimate of our anticipated purchases and will be used ONLY for tabulation purposes. The specified estimates are not guaranteed minimums. Fill in the blanks with the unit price that is firm for the contract period. Any proposals received indicating an escalator clause shall be considered non - responsive The bid will be awarded to the lowest bidder based on the example fencing enclosed. This example is for tabulation purposes only and is only a representation of the possible fence building required. Please find additional drawings attached indicating how the fence should be built: Diagram A - 8" Diagram B - 8" Diagram C - 8" Cost per Linear Foot for wire fence types A, B, and C (approximately 25,000 linear feet) Diagram A - 8" Diagram B - 8" Diagram C - 8" Labor Only Installation Cost for Gates 0 /linear foot $ /per gate Installation Cost for Corner Posts $ _ /per corner post 2. Cost per hour for special applications (not shown by detail drawing) pre- approved by the County Engineer: $ /hour 3. Work can be started within consecutive calendar days after receiving notice to proceed. 4. References: Name Address Phone Number v01. C J pg. OJ Bid Continuation Sheet BRAZOS COUNTY, TEXAS H. CERTIFICATION OF BID The undersigned affirms that they are duly authorized to execute this contract, that this bid has not been prepared in collusion with any other bidder, and that the contents of this bid have not been communicated to any other bidder prior to the official opening of this bid. Signed By: Typed Name: Company Name: Mailing Address: Phone No. P. 0. Box or Street City State Employer Identification Number: Bid Request No. 2012.20R Page 8 of 8 Pages Title: CORPORATE SEAL IF SUBMITTED BY A CORPORATION END OF BID REQUEST NO. 2009-25 Zip Vol. 1 � pg. , 0 4 INVITATION TO BID 2012 -05 JANITORIAL SUPPLIES FOR BRAZOS COUNTY BRAZOS COUNTY PURCHASING DEPARTMENT 200 S. Texas Avenue, Suite 352 Bid Request No. 2012 -05 Bryan, Texas 77803 Telephone (979) 361 -4291 Bids will be received, publicly opened and read aloud in the Brazos County Purchasing Department, Brazos County Administration. 200 S. Texas Ave. Suite 352, Bryan, Texas, at 2:00 p.m. Tuesday, January 4, 2012. A. SCOPE OF BID Brazos County is seeking bids from vendors to provide Janitorial supplies to Brazos County beginning January 18, 2012 through October 14, 2012 per the following terms, conditions, specifications, and attachments. B. CONDITIONS OF BIDDING The following instructions apply to all bids and become a part of terms and conditions of any bid submitted to the Brazos County Purchasing Office, unless otherwise specified elsewhere in this bid request. All vendors are required to read and understand the Terms and Conditions, as set out in this document, and will be held responsible for having done so. Definitions In order to simplify the language throughout this bid, the following definitions shall apply: a. BRAZOS COUNTY - The government of Brazos County, Texas and its authorized representatives. b. BRAZOS COUNTY COMMISSIONERS - The elected officials of Brazos County, Texas given the authority to exercise such powers and jurisdiction of all county business as conferred by the State Constitution and Laws. C. CONTRACT - An agreement between Brazos County and a Vendor to furnish supplies and /or services over a designated period of time during which repeated purchases are made of the commodity specified_ d. CONTRACTOR - The successful Vendor(s) of this bid request. C. COUNTY - Same as Brazos County. f. SUB- CONTRACTOR - Any vendor hired by the Vendor or vendor to furnish materials and services specified in this bid request. g, VENDOR - Same as Contractor. 2. Upon acceptance and approval by the Commissioners' Court, this bid effects a working contract between Brazos County and the successful vendor for the period designated. 3. Bids must be received by the Purchasing Office prior to the time and date specified. The mere fact that the bid was dispatched will not be considered;' it is the responsibility of the vendor to insure bid is received. 4. Brazos County reserves the right to accept or reject in part or in whole, any bids submitted, and to waive any technicalities for the best interest of Brazos County. Voi.� p DS Bid Continuation Sheet BRAZOS COUNTY, TEXAS Bid Request No. 2012.05 Page 2 of 14 pages 5. Brazos County reserves the right to reject any bid that does not fully respond to each specified item. 6. Brazos County shall not be responsible for any verbal communication between any employee of Brazos County and any potential vendor. Only written specifications and written price quotations will be considered. 7. Vendor must sin Certification of Bid and include Vendor Identification Number or Social Security Number for the bid to be valid. g. Should there be a change in ownership or management; the contract shall be canceled unless a mutual agreement is reached with the new owner or manager to continue the contract with its present provisions and prices. This contract is nontransferable by either- party, g. Brazos County may cancel this contract at any time for any reason, provided a thirty day written notice is given. 10. The bid award shall be based on, but not necessarily limited to, the following factors: a. Cost b. Special needs and requirements of Brazos County C. Samples d. Delivery e. References f. Brazos County's experience with products bid g. Vendor's past performance record with Brazos County Brazos County must be confident that the needs of Brazos County can be met. Brazos County will evaluate and make the award to the bid that is determined to be the best value to the state based on the criteria listed above. Although the cost of products to be provided is an essential part of the Bid, Brazos County is not obligated to award a. contract on the sole basis of cost, but will award to vendor considered to be the best value to Brazos County. The award will be made to one or multiple vendors based on whichever is in the best interest of Brazos County. Samples are to be submitted to Brazos County at the vendor's expense. Failure to submit requested samples may disqualify bid. Brazos County will decide if equivalents are acceptable. Brazos County reserves the right to reject any or all proposals and to waive technicalities as may be considered for the best interest of Brazos County. Brazos County may award this contract in part or in whole due. IL Although the cost of products to be provided is an essential part of the Bid, Brazos County is not obligated to award a contract on the sole basis of cost. 12. Acceptance of merchandise, work, and /or equipment provided shall be made by Brazos County at the sole discretion of the Commissioners Court when all terms and conditions of the contract and specifications have been met to its satisfaction, including the submission to Brazos County of any and all documentation as may be required. Vol. p8• � NO Bid Continuation Sheet Bid Request No. 2012.05 BRAZOS COUNTY, TEXAS page 3 of 14 pages 13. Title and Risk of Loss of the goods shall not pass to Brazos County until Brazos County actually accepts and takes possession of the goods at the point or points of delivery. 14. This agreement shall be governed by the Uniform Commercial Code as adopted in the State of Texas as effective and in force on the date of this agreement. 1.5. Bids must be submitted on units of quantity specified. in the event of errors in extended prices the unit price shall govern. Any suggested change in quantity on the part of the vendor to secure better price or delivery is welcomed and may be given consideration provided that the vendor also bids on the quantity as specified. 16. Bids must specify the number of consecutive calendar days required to deliver the commodities under normal conditions. Failure to specify delivery time will be considered reason enough to cause the bid to be disregarded. Delivery time quoted will be given consideration in awarding orders. If delivery is not made within the specified delivery in the bid, the entire order or contract may be canceled. 17. Bids cannot be altered after receiving time. No bid may be withdrawn after opening time without acceptable reason and with the approval of the Purchasing Agent. 18. Bids must be submitted on this form and returned in an envelope with the Bid name and number on the front. Bids will not be considered if submitted by telephone, fax or any other means of rapid dispatch, nor will a bid be considered if submitted to any other person or department other than specifically instructed. 19. Bids must show full firm name, mailing address and telephone number and be manually signed by an authorized sales or quotation representative of the vendor. Firm name and authorized signature shall appear in each space provided. 20. in the event of a needed change in the specifications sent to the vendor, it is understood that all the foregoing terms shall apply to the addendum or addenda. 21. It is Brazos County's policy not to furnish bid results over the phone. Tabulation sheets will be posted on the Brazos County web site (www.co.brazos.tx.us, Purchasing, Bid Tabulations), and upon bid award by Commissioner's Court. 22. The term of this contract will be one year from date of award. Brazos County reserves the right to extend this contract for three additional years one year at a time upon mutual agreement of Brazos County and the successful Vendor. Renewals shall be subject to all terms, conditions, pricing, requirements and specifications as listed herein, unless noted and agreed to by both parties. 23. Successful vendor agrees to extend prices and terms to all entities who have entered or will enter into joint purchasing inter -local cooperation agreement(s) with Brazos County. C. SPECIAL PROVISIONS Brazos County reserves the right to inspect the stock with advanced notice given to the owner(s) or manager before acceptance. Brazos County will not be responsible for buying any items of excessive stock upon termination of this contract.. I 5 te pg. VOL Bid Continuation Sheet Bid Request No. 2012 -05 BRAZOS COUNTY, TEXAS Page 4 of 14 pages 2. Quantities indicated in the Bid are estimated based upon the available information. Brazos County reserves the right to increase or decrease the quantities by any amount deemed necessary to meet its needs without any adjustments in the bid. price. 3. The Vendor and Brazos County, along with its several departments, shall determine a mutually agreeable delivery schedule. The proposed schedule may be changed. 4. All prices shall include freight. Deliveries will be F. U. B. Brazos County (1NSiDE DELIVERY), Bryan, Texas, on regular working days of Brazos County, and between the hours of 8:00 A. M. and 3:30 P.M., Monday through Friday. Delivery addresses may also include but are not limited to the following addresses: Brazos County Building Maintenance Department 206 North Washington Bryan, Texas 77803 Brazos County Brazos Center 3232 Briarcrest Drive Bryan, Texas 77803 Brazos County Road and Bridge Department 2617 West Highway 21 Bryan, Texas 77803 Brazos County Expo Center 5827 Leonard Rd. Bryan, Texas 77803 Brazos County Detention Center 1835 Sandy Point Road Bryan, Texas 77807 If Vendor fails to deliver by the specified delivery date, and is unable to give acceptable reasons for the delay, Brazos County reserves the right to cancel that portion which the Vendor has failed to deliver within the specified time and to purchase the item(s) elsewhere. Any catalog, brand name or manufacture's reference used is considered to be purely descriptive -- not restrictive -- and is indicative of the type and quality of items Brazos County desires to purchase. Bids on similar items of like quality will be considered if noted on the Bid, with fully descriptive brochures enclosed. If a notation of substitution is not made, it is assumed the Vendor is bidding all items as specified. D. INSURANCE REQUIREMENTS The Vendor shall, in addition, instruct his insurance agent or carrier to furnish Brazos County a Certificate of Insurance attesting to the issuance of the following policies affording coverage as required and listed in the following parts of this section. Please note that such Certificates of Insurance and any required bonds must be issued and then approved by the Brazos County Purchasing Department. The Certificate of Insurance must be approved by Brazos County prior to any delivery. The Vendor shall furnish and keep in full force the following insurance during the term of this contract: a. Statutory coverage for both Workman's Compensation and Vendor's liability Insurance. Vol. Pg. 1 Q Bid Continuation Sheet BRAZOS COUNTY, TEXAS Bid Request No. 2012 -05 Page 5 of 14 pages b. General Liability with limits for bodily injury and for property damages of not less than $1,000,000 CSL. C. Comprehensive Automotive Liability with single limits of $500,000 for Bodily Injury and Property Damage Liability. 3. All of the aforementioned ROlicies and Certificates of Insurance should be issued immediately after the Vendor receives notification of award and prior to the notice to proceed 4. The Vendor agrees to hold harmless Brazos County from any and all claims and liability due to the acts of the Vendor's employees and the operation of his equipment. The Vendor also agrees to hold harmless Brazos County from any and all expenses, including attorney fees, incurred by Brazos County in litigation or otherwise resisting such claims or liabilities as a result of the Vendor's employees' activities. Further, the Vendor agrees to protect, indemnify and hold harmless Brazos County from and against all claims, demands and causes of action of every ]rind and character brought by any employees of the Vendor against Brazos County due to personal injuries and /or death to such employee resulting from any alleged negligent act, by either commission or omission on the part of the Vendor or Brazos County. E. SPECIFICATIONS TOILET TISSUE 1.1 Two ply - 4 '/" x 4 '/2" sheet (Maintenance) 1.1.1 Minimum weight: 48 pounds /case 1.1.2 Quantity: 605 sheets per roll, 80 rolls per case, 375 cases 1.1.3 Dub] -Soft #350 or equivalent * *Softness and the ability to dissolve will also be considered ** 1.2 2520 Coromatic (Maintenance) 1.2.1 1000 2 /ply sheets per roll 1.2.2 3.95 x 4.05 1.2.3 36 rolls per case 1.2.4 29# per case 1.3 Roll (Expo) 1.3.1 2 ply 1.3.2 550 sheets per roll 1.3.3 4.0 "x4.05" 1.3.4 White 1.3.5 80 roles per case 1.3.6 Preference or equivalent PAPER TOWELS: towels must be in boxes, not wrapped. 2.1 9 -1 /2" X 9 -1 /2" (Maintenance & Brazos Center) 2.1.1 Multifold 2.1.2 Tan 2.1.3 One ply 2.1.4 Minimum weight: 23 pounds /case l5to I ®Ci Vol. � Bid Continuation Sheet Bid Request No. 2012 -05 BRAZOS COUNTY, TEXAS Page 6 of 14 pages 2.1.5 Quantity: 250 cases (4000 per case) 2.1.6 Baywest 480 or equivalent 2.2. 2910P Corornatic Brown (Maintenance & Brazos Center) 111 900ft. per 8.25" roll 2.2.2 6 roll per case 2.2.3 30# per case 2.3 2930P Coromatic White (Maintenance) 2.3.1 900ft. pwe 8.25" roll 2.3.2 6 rolls per case 2.3.3 274 per case 2.4 Roll (kitchen) (Brazos Center) 2.4.1 White 2.4.2 2 ply 2.4.3 Minimum weight: 21 pounds /case 2.4.4 Quantity: approximately 90 sheets per roll, 25 cases (30 rolls /case) 2.4.5 Scott Towels or equivalent 2.5 Roll (Expo) 2.5.1 Brown 2.5.2 1 ply 2.5.3 6" x 80' roll 2.5.4 6 rolls per case 2.6 EnMotion Paper Towels (Expo) 16.1 1 ply 2.6.2 10" x 800' 2.6.3 White or Brown Unbleached 2.6.4 6 rolls per case 2.6.5 Georgia Pacific or equivalent 2.7 Roll (Jail) 2.7.1 2 ply 2.7.2 85 sheets per roll 2.73 12" x 85' 2.7.4 White 2.7.5 30 rolls per case 3. PAPER WIPES OR SIIOP TOWELS (Brazos Center and Landscape) 3.1 Heavy duty for industrial use 32 Minimum weight: 20 pounds /case 3.3 Quantity: 60 cases 3.4 Wipe Away or equivalent 4. TRASH LINERS 4.1 23" X 10"X 39" liners (Brazos Center) 4,1.1 White 4.1.2 1.5 mil thickness Vol. 1 S Pg. i i D Bid Continuation Sheet Bid Request No. 2012 -05 BRAZOS COUNTY, TEXAS Page 7 of 14 pages 4.1.3 33 gallon 4.1.4 Quantity: 20 boxes (150 /box) 4.1.5 Example: Tuftote Supr Tuf Bag 42 15" X 9" X 32" liners or 15 "x9 7 'x31" (Brazos Center and Maintenance) 4.2.1 Black 4.2.2 0.55 mil thickness 4.2.3 Quantity: 100 boxes (1 000 /box) 4.2.4 'Tenneco Alltuff or equivalent 4.3 40" X 48" 13 micron liners (Maintenance) 4.3.1 Clear 4.3.2 Quantity: 80 boxes (w/ 100 bags per) 4.3.3 1limolene hi- density or equivalent 4.4 39" X 56" Mobil Steel -Sak or Equivalent (Brazos Center and Expo) SAMPLES REQUESTED with bid (Departments will test this product before award) 4.4.1 Gray or black and Silver 4.4.2 1.7 mil thickness 4.4.3 55 gallon capacity 4.4.4 Quantity: 60 cases (50 /case) 4.4.5 Product Number: PT2 -6070 4.5 38" x 63" Heavy Duty Trash Liners 4.6 40" x 48" (Expo) 4.6.1 .47 mil 4.6.2 Clear 4.6.3 250 per case 4.6.4 High Density or Equivalent 4.7 17" x 17" (Expo and Brazos Center) 4.7.1 .35 mil 4.7.2 Black 4.7.3 1 000 per case 4.8 24" x 32" (Expo) 4.8.1 .35 mil 4.8.2 Black 4.8.3 500 per case 4.9 24" x 32" (Brazos Center) 4.9.1 Black 4.9.2 0.55 mil thickness 4.9.3 Quantity: 100 boxes (1 000 /box) 4.9.4 Tenneco Alltuff or equivalent 4.10 24" x 33" (Jail) 4.10.1 Clear 4.10.2 12 -16 Gallon 4.10.3 Quantity: 1000 per case val.� P 1 I I Bid Continuation Sheet BRAZOS COUNTY, TEXAS 4.11 40" x 46" (Jail) 4.11.1 White 4.1 l.2 .9 mil 4.11.3 Quantity: 100 per case 4.12 38 58" (Jail) 4.12.1 Black 4.12.2 1 mil 4.12.3 Quantity: 100 per case Bid Request No. 2012 -05 Page 8 of 14 pages Any variation from these specifications must be indicated on the Bid or on a separate attachment to the Bid. This sheet shall be labeled as such an attachment. Samples may be requested, if requested vendor shall provide a. sample of an item for evaluation of quality. Samples shall be received within 5 working days of the request. Samples shall be prepared in accordance with the specification here -in with the exception of artwork. Brazos County reserves the right to decide if items offered are equivalent to that specified. Brazos County's decision will be final. Items marked in this bid as "Samples Requested" in the specifications shall he submitted with the bid prior to the bid opening. Failure to submit the requested samples may result in disqualification of bid. Vol. 15 (2 Pg f I � Bid Continuation Sheet BRAZOS COUNTY, TEXAS E. UOTATION Bid Request No. 2012 -05 Page 9 of 14 pages The quantities listed are estimates of anticipated purchases and will be used for tabulation purposes only. The specified estimates are NOT guaranteed minimums. Please fill in the blanks with prices which will remain firm for the entire contract period. TOILET TISSUE 1.1 Two ply - 4 ' /z" x 4 '/2" sheet Brand Name: G i,C R- t:. y •I �- h c - • �— Item/Product number. i Sheets per roll: � SG Sheet Size: JA."c �. �+ u`; Rolls per case: Pounds of paper per case: 3 If Price per case: 3 S • - 7 O 1.2 2520 Coromatic (Maintenance) Brand Name: ° Items/Product Number: 3- S 3-0 Sheets per roll: i 0<) Sheet Size: 3. C, S x -1 - n ti Rolls Per Case: _ 3 Pound of paper per case:_ 7-'7• u c' Price Per Case: 4 6 • ci 15 ' 1.3 Roll (Expo) Brand Name: Items /Product Number: _ 1 6), 4 -G Sheets per rcll: _ 55 Sheet Size: 1+ .oa X -4-0 Rolls Per Case: 'moo Pound of paper per case: :3 Price Per Case: 3-5- 2. PAPER TOWELS (towels must be in boxes, wrapped) 2.1 9 -1/2" X 9 -1/2" (Maintenance & Brazos Center Brand Name: ( c ' c Item/Product number: - 3 , L 0 11 Sheets per package: ;Z Sd Packages per case: I G Pounds of paper per case: I S Price per case: __ 1 5 • 7S 2.2 2910P Coromatic Brow•n(Maintenance & Brazos Center) Brand Name: _ 6iEc, u- 5• ^ P n C - c- Item/Product number: 1 1D f' Sheets per package: 2CID 'pct I La 1 l Packages per case: 6o Pounds of paper per case: _ o19 Pricc per case: __ 3 4 ' 9 S Vol. 15 tp Pg. 113 Bid Continuation Sheet BRAZOS COUNTY, TEXAS 2.3 2430P Coromatic White (Maintenance) Brand Name: c- Item/Product number: Sheets per roll: t-- t Rolls per case: Cc� Pound of paper per case: Price per case: 39 I r S 2.4 Roll (kitchen) (Brazos Center) Brand Name: 6 to Q '1. 4 P*s "�' C- Item/Product number: Sheets per roll: �3 S Rolls per case: 3 C - � Pounds per case: i q Price per case: 1 .l S 2.5 Roll (Expo) Brand Name: 6 C, C- Itern/Produet number: X b'30 Sheets per roll: &)o 44 ll Rolls per case: 1z Pounds per case: �k 5 Price per case: IQ - E5C Bid Request No. 2012 -05 Page 10 of 14 pages 2.6 EnMotion Paper Towels (Expo) Brand Name: C ayr —O. .4 Item/Product number: — + i 65 4 Pao Sheets per roll: BOG + Rolls per case: t!o Pounds per case: a Price per case: 14 Ck - ci S 2.7 Roil (kitchen) (Jail) Brand Name: Item/Product number: Sheets per roll: Rolls per case: Pounds per case: Price per case: 1 c S PAPER WIPES OR SHOP TOWELS 3.1 Heavy duty for industrial use (Brazos Center and Landscape) Brand Name: f r�Cc�c� •� P ti ' Item/Product number: x C' c _{ _0 .3 Wipes per package: G o Packages per case: 1 Pounds of paper per case: Price per case: 3 .5 2 ­7 .3 P. MJ7 3 0 Vol. 15 (9 Pg ► If Bid Continuation Sheet Bid Request No. 2012 -05 BRAZOS COUNTY, TEXAS Page 11 of 14 pages 4. TRASH LINERS 4.1 23" X 10" X 39" 1.5 mil liners (Brazos Center) Brand Name: N A P C C Item/Product number: ST 3'A 3 " u� Liners per box: IS 0 Price per box: 1 l -_7 0 4.2 15" X 9" X 32" liners or 15'x9 "x31" .55 mil (Brazos Center and Maintenance) Brand Name: N rN P LQ Item/Product number: 5T X 4 3 L 3 Liners per box: Price per box: 4.3 40" X 48" 13 micron liners (Maintenance) Brand Name: N A P W Item/Product number: iJ 'i D 94 Liners per box: f o G Price per box: lr C • c 4.4 39" X 56" 1.7 mil Mobil Steel -Sak or Equivalent (Brazos Center) (samples and testing required by requesting departments before award of bid) Brand Name: N n P rzz� Iten number: 5 L� o 7 c Liners per box: 50 _ Price per box: - I5 4.5 38" x 63" Heavy Duty Trash Liners Brand Name: N ft n (- . 0 Item/Product number: D 1- 31 ?> Liners per box: 6 Price per box: '20 • S U 4.6 40" x 48" .47 mil (Expo) Brand Name: N t' c C _ Item/Product number: N 1?— tt O '{ 2, f z Liners per box: if) o Price per box: I 4.7 17" x 17".35 mil (Expo) Brand Name: N tia r C -0 Item/Product number: 3 - I& t � Liners per box: o U v Price per box: e " Cl s 4.8 24" x 32" .35 mil (Expo) Brand Name: N A f" L Item/Product number: Liners per box: su Price per box: t l Vol. i 5 4P p & . 1115 Bid Continuation Sheet BRAZOS COUNTY, TEXAS Bid Request No. 2012.05 Page 12 of 14 pages 4.9 24" x 32" .55 mil (Brazos Center) Brand Name: N t+ iD c -0 Item/Product number: S-' A 4'3 i3 Liners per box: 5 C) Price per box: i (' - s C) 4.10 24 x 33 12 -16 gallon (Jail) Brand Name: tJ h 0 c... Item/Product number: N R �A q 3'3 o,:. A; e. r^ Liners per box: t 0 Price per box: i (,. i D 4.11 40" x 46" .9 mil (Jail) Brand Name: "A P 4 D Item /Product number: St '1 o , 4 -14 Liners per box: i o C. Price per box: 1 S. 4 c> 4.12 38" x 58" 1 mil (Jail) r.i R X 4 3 3 o fS ( .y. G i c r> 0 'X % -SO Brand Name: N 0} P c-i: Item/Product number: -1 3 *3 -1 4 v.} Liners per box: v e� Price per box: i 0 DELIVERY l DAYS J\ �t ' S N `"` < b A l UrzC��'tE� In addition to pricing listed above Brazos County request vendors to provide discounts from list percentage for janitorial supplies. Vendors shall have published price list (either electronic or printed catalog) in which pricing is provided. Discount from list percentage will be used for items that are not listed in this bid in the event additional items are needed by Brazos County. Vendor shall provide a copy of printed catalog with bid or provide web address below for electronic catalog. Web address: Discount from list price: /O `X' (percentage) Vendor may list multiple percentage discounts for various categories if needed. Vendors will be awarded based on the actual prices for the items listed above. Discount from list will only be awarded in conjunction with actual cost pricing of items and will be used only when needed for products not listed on this contract. There is no guarantee that additional items will be purchased or that discount from list percentage will be used. Vol. 1 5l p Pa. I I (l Bid Continuation Sheet Bid Request No. 2012.05 BRAZOS COUNTY, TEXAS Page 14 of 14 pages INVITATION TO BID 2012 -05 JANITORIAL SUPPLIES FOR BRAZOS COUNTY BRAZOS COUNTY PURCHASING DEPARTMENT 200 S. Texas Avenue, Suite 352 Bid Request No. 2012 -05 Bryan, Texas 77803 Telephone (979) 361 -4291 G. CERTIFICATION OF BID The undersigned affirms that they are duly authorized to execute this contract, that this bid has not been prepared in collusion with any other vendor, and that the contents of this bid have not been communicated to any other vendor prior to the official opening of this bid. SIGNED BY: TYPED NAM COMPANY NAME: 1;—� yl�l �' ! I S -f- - C a PHONE: 1; -- 7 q 8 2- Z ` L 'l e-f 3 MAILING ADDRESS: PO 3 C l 5 0 P.O. Box or Street City TX Zip EMAIL ADDRESS: Cry 1 ► i w C. k\ @- 5 ao C.rfll� i • , J\. rVl- At ,� . Cc °r't VENDOR IDENTIFICATION NUMBER: 7 y - I e 6 Cf �-�-? - I CORPORATE SEAL IF SUBMITTED BY A CORPORATION END OF BID REQUEST NO. 2012 -05 By signing below, Brazos County agrees that this bid. 2012 -05, will be awarded to the vendor whose name appears above and both parties agree to the terms and conditions contained herein. By: _ r— Brazos County Commissioner's Court Date J 1 2 Z` Attest: Brazos County Clerk �1C Vol. 54e Pg. 1 17 Bid Continuation Sheet Bid Request No. 2012.05 BRAZOS COUNTY, TEXAS Page 13 of 14 pages F. REFERENCES Vendors shall provide a list of at least three (3) references, where work comparable in quality and scope to that specified has been performed within the past five (5) years. This list should include the names, phone number and email of the company /entity for which the prior work was performed to contact these references. A negative reference may be grounds for disqualification of bid. Com y pany /Entity: C' Co -! Contact: +L A X2-1 fin. i (' CI G u . Phone: q - I4 - 7 1 6 3 4 3 '] Email: eS W , a 5cj Company /Entity: Contact: o • �� ^'1 �_ `� L Phone: Ct - 7 r 1 7 ef'1 0 L v Email: Company /Entity: C A- 0.4 Contact: � U-,C C�k'z. s •- �1 Phone: f'i - I ` l Z- n `Z - 5 0 Email: -S '90-0c.) e'S CL 1 h --'j ~4x . 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O Q m Z r 00 r m O b r ap 6-1 ' O m Z O M m O C r 6 m V) .�+ W C L m Y U Y u Cn J d m m 2 r U m m O k ix X x X F- i< X °� is ;� C k x X C E x x v �° c� v c �+ E c - _j E i c a -� E c � -j E c n m Z 0 F aJ 0 m = Z p Q .o a) 7 p m Z p 0 a a) m Z =- p a) J m Z om- p Q a) J m Z Q Q L L d i Q �' c CC Q a) a L s P 'n- m LO � 4. a E) Q m cn � - 0 m E m -c 'n : cn E a� as .0 ca m E m _�_ m m , m ca a> �_ �"? m L a> - m ? J CL J m( J Q m m� J W O +- m c J L W_ o CO c J d_ o CA w O d _ fl- M N Ir r . M CC X r X X CD X - N �1'� x CO M -I-- -> Cr ? � T tf CT :;2 U) ,::I- C a) pO 'cT GD C17 N � u7 ^ O O v O r CO N O Q d W O N d Or d to E as m IL m o Y Q (D S VOIL. � . Q Q Ccj N O Q -072 Q E q E E C> O N c.9 V1 U) J a to ti t E s .� r V ev U CO v m Q C d E U C.1 � P Vol. T N r � O N C O T . O d L1. a ll O C O . O d O O c Q p �+ LLI L1J Q T Q LU Q T d 4 U) LLI Q- T 0 0 w Q F- V .. CL N Cvjj d Q U U - f C•Mr) d Q U U N p Q U U p op Q U p i ? N d o N N 4 o rn c �} a p `�? M- a- o v O U p (.0 U a C ry Cl , U o r Cu U o M a U t U U r yr U r sir a � S2 a LU o N m - CIO m m ,.. Z Z Cn CL . J O W CL Q O0 z X M X O Q N M = Cl) = O O CV ('� CO d' CD ct O OD C7] 0 � ' LO O `Q co N CO QL (.7 cn M M p U i m qtr C, 4 d p d d r . d 06 00 d N H Y N N 6"" CV N y y h F- 69-- C? V3 LLJ Z V H H Z Z Z Z 4- Z Z - � C U ^� C Q N U J Cn (D 0o } u.l j tt� O O o p 0 n 2 a p Cp O= Q i� p O �i tI7 CD c C d LO CO CO co O O to -:.; m ► m CO r CAS CO f �_ Q Z Z Cl) Ef} .-:- Z E Z U U) U) U) N Z L) O U CU E x a ai I- c E v x x _ j E Q x O E x lU C U x J E c 'O J C „` J E C U .fl J E J z t 0 C7 Z U O Z a Z a `Q UM a "Q - p i Q� T C p ` 0 0- O i Q1 U O c r d c o 2 a U m m J d [Y] N J a m J co L N M (D M m X — M — X — X — G X - - co N N c G •� C7j O O r p N p O or O r r p r O v: C c O N Q Q Ccj N O Q -072 Q E q E E C> O N c.9 V1 U) J a to ti t E s .� r V ev U CO v m Q C d E U C.1 � P Vol. T N r � O N C O T . O d L1. a ll O C O . O d O O c TO: Leslie Williams, Asst. Purchasing Agent Purchasing Department FROM: Darla Dempsey, Administrative Assistant Brazos County Expo DATE: January 11, 2012 SUBJECT: Recommendation for Janitorial Bid # 2012 -05 -Paper Products -Trash Liners I have reviewed the Bid Tabulation 2012 -OS for the Janitorial Supplies and noticed an error on Item 4.6, 40" x 48" 0.47 MIL Liners Clear. The quantity per case that we currently receive is 250 and not 100. After testing the sample trash liners that were sent in by the Interboro Packaging Corp and the Central Poly Corp at the Bid Opening, I found that the qualities of the bags are unacceptable. They are extremely light weight, tear very easily and are not durable when comparing them to the bags from Ray Criswell. During Events we need trash liners that can handle the large amounts of liquids and weight that are put in them without the risk of the bags ripping creating another clean up. We need strong durable bags like the Mobile Steel Sac (4.4) from Ray Criswell. We have used these bags since the Expo opened for business and have been very satisfied with the quality. It is more cost effective to use a stronger bag that we know will handle our heavy trash needs. Another concern that I have with the Interboro Packaging Corp and Central Poly Corp is the delivery times. We have been fully stocked and had large events that nearly depleted our stock and had to call the local Vendor and had product delivered the same day. In order to operate efficiently these concerns must be addressed. Using Ray Criswell, a local vendor, would be more efficient and cost effective for our needs. They have a better quality product and there is no minimum order and can deliver the same day or next day delivery. It is my recommendation that we award the whole bid to Ray Criswell. Vol. 15 pg. I a `f' T H E - - - -- - BRAZOS CENTER Date: January 11, 2012 To: Leslie Williams, Asst. Purchasing Agent Purchasing Department From: Shelley Turek, Adm. Assistant Brazos Center RE: Recommendation for Janitorial Supplies Bid 42015 -05 -Trash Liners -Paper Products After testing the sample trash liners that were received with the bid packets, it was very noticeable that all the trash liners from Central Poly Corp. and Interboro Packaging Corp. do not meet the strength and durability when compared to those from Ray Criswell. The bags appeared to be very thin and can easily be ripped just from pulling on them. With the volume of weight that we experience here at the Brazos Center from our banquets, we have to have a strong durable bag that does not rip or tear when removing them from the trash receptacles. Our main concern being the Mobile Steel -Sak (4.4) on the bid sheet since those are the main bags used in the banquet halls. Delivery can also be a concern at times. When unforeseen circumstances have come up and we were in a crunch, I was able to rely on the 1 -day delivery from Ray Criswell to where the other two vendors either require a minimum order before delivery and that would require several days in transit once the items are shipped. With Ray Criswell being a local vendor, 1 have been known to go and pick up supplies when needed on last minute basis and if something was every damaged or wrong with the order, they have taken care of the issue immediately. Therefore, it is my recommendation that the bid as a whole be awarded to Ray Criswell. Vol. 9 ' S Ps. = BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPA RTMENT Road and Bridge NUMBER 56001000 DATE OF COIJRT MEETING: January 17, 2012 ITEM: Request from Verizon Communications to construct a 50 ft. road bore and approximately 314 ft of buried cable installations in the right of way of Elmo Weedon Road; cable will be placed at a minim depth. of 30 inches. Site is located in Precinct 2. SOURCE OF FUNDS: NIA PRESENTATION REQUIREMENTS • No work will be permitted between front slope and /or back slope. • No work shall be done within 3' of driveway culverts measured from outside culvert walls. • All installation(s) shall be constructed in designated utility easements, if applicable. If no utility easement exists, the installations) shall be 1) within 3 -5' of and parallel to the right -of -way line and/or, 2) in the case of road bore, perpendicular to the right -of -way line. • If clearing o €brush, trees and other obstruction is necessary, it shall be the Applicant's responsibility to do so and to remove all cleared brush, trees etc. from county right -of -way. • All disturbed areas shall be compacted in 8" lifts to 90% density ASTM -Test Method No. D -698; test shall be conducted by an independent geotechnical testing firm; copies of all test results shall be furnished to the office of the Brazos County Engineer. • All disturbed areas will be seeded after completion of grading. • Construction shall be in strict conformance to the latest Texas Manual of Uniform Traffic Control Devices for Streets and Highways, published by the Texas Department of Transportation, and all other State and Federal laws governing utility construction. • Notification 48 hours prior to beginning work to meet with inspector from Biazos County at project site. SUBMITTED BY: APPROVED BY: R. Alan Munger, m Catalena County Engineer Precinct CC2012 -003 This Request is Ap roved Lot, or Denied ❑, by Commissioners' Court Date: Duane Peters, County Judge Vol. 15 tp Pg. 1 a? verizan Engineering & Planning 301 Industrial Blvd. Bryan, TX 77803 January 4, 2012 Gary Arnold Brazos County Engineering Office County Engineer 2617 W. Hwy 21 Bryan, TX 77803 Dear Mr. Arnold: Subject: AGRMNTS 24 BURIED CABLE Enclosed are Form ED -135 and a work location sketch showing the location of our proposed buried cable line on Elmo Weedon Road in Brazos County at Bryan, Texas. This work is to be completed on Work Order 5416- 3POAORG which is scheduled for January 19, 2012. If you have any questions concerning this work, please contact Ricky Lancaster at our office in Bryan, telephone 979- 821 -4761 within 15 days so that we may explain of modify our proposal, otherwise, it is understood that this proposal is approved. Sincerely, C Brenda Vajdak Supervisor — Network Engineer BV:ec Attachment Vol. i 5 Pg . I a7 VERIZON COMMUNICATION Notice of Line Installation January 4, 2012 To The Commissioner's Court of Brazos County ATTENTION COUNTY JUDGE: Formal notice is hereby given that VERIZON COMMUNICATIONS will construct a communication line within the right -of -way of a County Road in Brazos, County, Texas as follows: Verizon will bore 50 feet under Elmo Weedon Road and place 50 feet of 2" PVC from R.O.W. to R.O.W. the proceed southeast 3 feet from northeast R.O.W. for 314 feet to the drive of 6685 Elmo Weedon Road. The cable will be a minimum of 30" deep. The location and description of this line and associated appurtenances is more fully shown by two (2) copies of drawings attached to this notice. The line will be constructed and maintained on the County Road right -of -way in accordance with governing laws. Notwithstanding any other provision contained herein, it is expressly understood that the tender of this notice by the Verizon Southwest Incorporated does not constitute a waiver, surrender, abandonment or impairment of any property rights, franchise, easement, license, authority, permission, privilege or right now granted by law or may be granted in the future and any provision or provisions so construed shall be null and void. Construction of this line will begin on or after January 19, 2012. VERIZON COMMUNICATIONS 5413- 3POAORG Brenda Vajdak Supervisor - Network Engineer 301 Industrial Blvd. Bryan, TX 778.. Vol. 1 642 p g . o's CP ELLEHUEllLM."!VM—, [Work Location B Sc 0 <P 62 , 0 2001 DeLorme. Street Alias USA; 0 2001 1 GDT Inc., Rel. OU2001 Vol. Pg.- CL "2000414 (88) 111 2704'2423.10 AEF 100 -24 C3096,101-200 88) Q-- 11 2000414 a- / 20 6 / � 4 2000547 •2056741 (PP) <3POAORG> M•282425 \ 408' 2423.10 / C3096 801 <PP> EET 4 2056747 — 4 2056747 (03) 4 173'2423.10 / A ASP 200 -24 C3096,701 -800 (03096,801- 825)<]> C!/9eA xDD,101 -125 <PP> C3096.826 -900 off` I -f 4 2054127 0– / 4 2054127 (03) a M 1805' 2423.10 ASP 200 -24 C3096,701 - 920 NOTE AREA ERIZON 9TS AREA STATE: Tx !VISION: SOUTHWEST EXCH 5413 REM. CD.: 003 C.: 7760 IWO NO.: 3POAORG CO NTROL NUMBER: IT LE: 7760/SH/JOBOSP- SERVE TAX DST.: WP: RNG.: SEC.: SAL: xxx ATE: 11/09/11 I REV. DATE.- CAL.E:I' =100.00' ORWN ENG APRVD PRINT ILE: 011606 4 ROL t OF t 776013POAORGtwpl.dgn 11/10/2011 1:46:38 PM Vol. Pg. IOU BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT: Road & Bridge MEETING DATE: January 1.7, 2012 SUBJECT: Right -of -Way Acquisition Acceptance of Special Warranty Deed from Paul C. Patranella, Jr. and Laura C. Patranella for 0.17 acres of land to be used for improvements to Bickham Cemetery Road located in Precinct 2. The following supporting documentation is attached for reference: • Copy of Special Warranty Deed • Copy of Right -of -Way Acquisition Agreement • Copy of Fence Building Option SUBMTI "I'ED BY: O V. Salvato Right of Way Agent sioner Precinct 2 This request is 4PPROVED / D ❑ by Commissioners' Court Duane Peters, County judge DATE: Vol. 15� p 131 APPROVED BY: NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER Bickham Cemetery Road Special Warranty Deed THE STATE OF TEXAS § KNOW ALL MEN § BY THESE PRESENTS: COUNTY OF BRAZOS § GRANTOR(S): Paul C. Patranella, Jr. and wife Laura C. Patranella Grantor's Mailing Address: 705 Avondale Avenue Bryan, Texas 77802 GRANTEE: BRAZOS COUNTY, TEXAS Grantee's Mailing Address: 300 East 26th Street Bryan, Texas 77803 Consideration: Ten and No/100 dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. Property (including any improvements): All that certain lot, tract or parcel of land being 0.17 of one acre of land situated in the THOMAS H. BARRON SURVEY, Abstract No. 5, Brazos County, Texas and being a part of that certain called 8.85 acre tract described in deed from Jo Dunn to Paul C. Patranella, Jr. and wife, Laura C. Patranella, of record in Volume 1538, Page 245, of the Official Records of Brazos County, Texas, said 0.17 of one acre being more particularly described by metes and bounds description as shown on Exhibit "A and B" attached hereto and made a part hereof for all purposes. VoB. I J 4� Pg. 13� Reservations from and Exceptions to Conveyance and Warranty: There is hereby EXCEPTED and .RESERVED from this conveyance, and retained in favor ofthe Grantor, their heirs, executors, administrators, successors and assigns, in perpetuity, all of the oil, gas, liquid hydrocarbons, residue gas, the products and by- products of the foregoing, sulphur, coal, lignite, uranium, and all other minerals in, on or under the hereinabove described property; provided, however, Grantor, their heirs, personal representatives, executors, successors and assigns shall have no right of ingress and egress at any times for the purpose of mining, drilling, exploring, operating and developing said lands for oil, gas, and other minerals or for storing, removing, transporting, processing or marketing the same there from. This reservation and exception shall, however, include the right of Grantor, its successors and assigns, to grant leases on the property to develop same by directional drilling, pooling, unitization, or subsurface gasification, or liquefaction processes. Notwithstanding anything herein to the contrary, the Grantee shall have the right to use, without additional compensation, any stone, earth, gravel, caliche, iron ore or any other road building material upon, in or under the property for the construction and maintenance of road or roads thereon, such materials, for the purposes of this conveyance, being herein defined as not constituting "other minerals." This conveyance is made and accepted subject to any and all conditions, restrictions, if any, relating to the hereinabove described property, to the extent, and only to the extent, that the same may still be in force and effect, shown of record in the office of the County Clerk of Brazos County, Texas. Grantor, for the consideration and subject to the reservations from and exceptions to conveyance and warranty, grants, sells and conveys to Grantee the property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to Grantee, Grantee's successors or assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators, and successors to warrant and forever defend all and singular the property to Grantee and Grantee's successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through, or under Grantor, but not otherwise, except as to the reservations from and exceptions to conveyance and warranty. When the context requires, singular nouns and pronouns include the plural. Executed this ! r day of S,4NV/Ag - _ , 2012 -�, Paul C. Patranella, Jr. STATE OF TEXAS COUNTY OF BRAZOS *4-ara Patranella Acknowledgment This instrument was acknowledged before me on IA A It., 2-0t2 by Paul C. Patranella Jr. �t� »►►irrr�rur� and wife Laura C. Patranella. ����•��QrC V. s ��� � � .•'' RYA �A� 0 Public, State of Texas of At Vol. EXHIBIT "A" FIELD NOTES BRAZOS COUNTY RIGHT -OF -WAY WIDENING ALONG BICKHAM CEMETERY ROAD BEING 0.17 OF ONE ACRE OUT OF THE PAUL C. PATRANELLA, JR., ET UX CALLED 8.85 ACRE TRACT VOLUME 1538, PAGE 245 THOMAS H. BARRON SURVEY, A — 5 BRAZOS COUNTY, TEXAS NOVEMBER 28, 2011 All that certain lot, tract or parcel of land being 0.17 of one acre situated in the THOMAS H. BARRON SURVEY, Abstract No. 5, Brazos County, Texas, and being a part of that certain Called 8.85 acre tract as described in deed from Jo Dunn to Paul C. Patranella, Jr, and wife, Laura C. Patranella, of record in Volume 1538, Page 245, of the Official Records of Brazos County, Texas, said 0.17 of one acre tract being more particularly described by metes and bounds as follows: BEGINNING at a %" Iron Rod with Cap set in the northeast right -of -way line of Bickham Cemetery Road and the southwest line of said Called 8.85 acre tract for the most westerly comer, a 5/8" Iron Rod found for the most westerly corner of said Called 8.85 acre tract bears N 48 ° 08 ' 43 " W a distance of 63.00 feet; THENCE N 67 ° 19'29 " E, a distance of 55.21 feet to a' /2" Iran Rod with Cap set for the most northerly corner; THENCE S 48 " 08'43 " E, a distance of 122.20 feet to a' /x" Iron Rod with Cap set for the most easterly corner; THENCE S 16 ° 59'31 " W, a distance of 54.94 feet to a' /z" Iron Rod with Cap set for the most southerly comer, said corner being located in the northeast right -of -way line of said Bickham Cemetery Road and the southwest line of said Called 8.85 acre tract, a' /a" Iron Rod found for the most southerly corner of said Called 8.85 acre tract bears S 48 ° 08 '43 " E a distance of 308.43 feet; THENCE N 48 ° 08'43 " W, along the northeast right -of -way line of said Bickham Cemetery Road and the southwest line of said Called 8.85 acre tract a distance of 169.04 feet to the PLACE OF BEGINNING AND CONTAINING AN AREA OF 0.17 OF ONE ACRE OF LAND, MORE OR LESS, according to a survey performed October 11, 2011, under the supervision of H. Curtis Strong, Registered Professional Land Surveyor No. 4961. North orientation is based on rotating the northeast right -of -way line of Bickham Cemetery Road to Grid North, NAD83(CORS96), as derived by GPS observations. For other information, see accompanying plat. vo►. I 5 te Pg . 13 q D � i Der— n 2 nD m�cnDZy x >M O � 3 00 r- r �c� n o m� m mv< =N� o � 5L o �;] -< Vi W� O NO Orb m n 0 0 � n *��nmr - < CD �3'°D - °Z co .�.{ �D� z o r "�' n� O zaMm �� � m 1z m o_am� M a -i m Z mm - 1Zm 0 o x Z C) c - -j 3 m m ° f z D �xm oomm° F N m� 0cxW O z crb (A �I w -4 f A L o m r 1 C) a w bW dO Q� C� N Ut l r N v O • �: Z 00 Z Df»z r- v Co "' K M:20 �La rD yy om --I 9•. �-• p m m -{ 5d m - 4 z m r d0j F M OX O Cmm0 �bDm Z o��m • cn S7 rNV cn N m m z a o A DD c -<DND p D 70 00�-� m m m 'D -4 cn- vs 0 0 CA CU M m o — c� � m \ i w W l O m�mD V! x m z � tn <O `<m D7oD� ...f > -{ G O a 1 o N �, =r Z 0 2 O I� �. Oz�m rt Q1 9 r 1W�f1nn.N a°ZD O Zoo= =r = N w :0 W2zl rL =c� 0n : °° 4 z�� �O�mT�0v7CQ� I M m o �.i ' O N m � 67 �'r 0 00 zoo a I z W co LD �I OD A- n�(Z - < t m bnca II h7Z� "I0GC� y Cl o u �D ,�2Z � w O I. C :� nQ m rng oz m ; 7a Z 0 a x o D ao w v f Vol. 15 p Pg. I ?) IC5 FENCE BUILDING OPTION AND /OR RESPONSIBILITY ACCEPTANCE Road: Bickham Cemetery Project: R2 -114 W.O. No.: 32716 Precinct: 2 I (we) the undersigned owner(s), desire to have BRAZOS COUNTY construct the fence for the above mentioned project. It is also understood that upon completion and agreed acceptance of said fence, ANY and ALL maintenance becomes PROPERTY OWNER(S) RESPONSIBILITY. I (we) the undersigned owner(s), elect to construct the new fence for the above mentioned project. In consideration, I (we) wish to receive payment of $690.00 for approximately 406' of fence. It is also understood that this payment relieves BRAZOS COUNTY from ANY and ALL responsibility in regards to fencing. Paul C. Patranella, Jr. V Date W�ura C. Pal ranella / — /,,/- - Date Vol. _1 -5 �— p 13 Ce BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2011 -2012 BUDGET YEAR NO. 11/12 15.1-15.5 On this the 17th day of January 2012 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 1). Kenny Mallard, Commissioner, Precinct 3 E. lrnna Cauley, Commissioner, Precinct 4 F. Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on 17th day of January 2012 the Court heard and approved a budget amendment for the 2011- 2012budget year for Brazos County, Texas; and WHEREAS, expenditure is necessary due to the necessity to meet unusual and unforeseen conditions which could not be reasonably included in the original budget adopted 20 September 2011, the following amendments) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 17th day of January 2012. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. By: Duane Peters, County Judge Original: County Clerk's Office and Attached to the original budget Copies: County Auditor County Treasurer County Budget Officer Commissioners' Court Minutes Vol. 15(p p g.- 1 3-7 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 11/12 - 15.1 1/17/2012 FUND DIV ACCT PROJ DR1CR ACCOUNT NAME Increase Decrease 0100 56001000 61750000 CR Telephone - Cellular 420.00 0100 56001000 51730000 DR Cell Phone Allowance 340.00 0100 56001000 53100000 DR Social Security 26.00 0100 1 56001000 53200000 DR Retirement 42.00 0100 56001000 53800000 DR Worker's Compensation 1200 Road and Bridge Administration Reallocation of funds to cover cell phone allowance for the Area Supervisor, Class Code 2607, Position 3 for remainder of FY 12. Item was approved at Commissioners Court on January 10, 2012, agenda item 410_ Department Approval Date Prepared By: nnm - - -, Date: 1/4/2012 County Judge Approval Elate,' Vol. �Pg. i_3g BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 11112 - 15.2 1/17/2012 FUND DIY ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 56001000 65660000 CR R&B - Field Supplies 500.00 0100 56001000 67287000 DR Equipment Radios 500.00 Road and Bridge Administration Reallocation of funds to cover the purchase /reprogramming of 8 handheld and 6 vehicle mounted radios at an total estimated price of $4,456. of, 13 � Pg BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 11112 - 15.3 V17120 FUND DIV ACCT PROJ DR1CR ACCOUNT NAME increase Decrease 3000 355400 80286000 DR Equipment - Other 514.00 3000 355400 67211000 DR Software 586.00 3000 48071500 CR GDEM - Domestic Pre par. 1,100.00 GDEM State Homeland Securi To setup budget on GL for Homeland Security Grant that was not spent in FY 2011. Prepared By: nnm Date: 1/6/2012 Department Approval Date unty Judge Approval C iFi= BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 11112 -15.4 11171ini l FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 11001500 61130000 CR General Fund Contingency 863.00 0100 23000300 61900000 CR Visiting - Court Reporters 2,069.00 0100 23000100 51630000 DR Hourly Part Time 2,435.00 0100 23000100 1 53100000 DR Social Security 186.00 0100 23000100 53200000 DR Retirement 302.00 0100 23000100 53800000 DR Worker's Comp 9.00 General Fund Contingency and CC Reallocation of funds to cover pay for Sub -Court Reports for the dates of 12/5/11, 12/7/11, 12/9/11, 12/12/11, 12/13/11, 12/14/11, 12115/11, 12116/11, 12/28/11 and 1 /5 /12 /. Prepared By: nnm Date: ` 1112/2012 Department Approval :Date dge Approval 1 O11 Vol. 15 p g. 1 4 1 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 11112 - 15.5 1117/2012 FUND DIV I ACCT I PROD I DRICRI ACCOUNT NAME Increase I _ Decrease 0100 11001500 61130000 CR Ge Fund Contingency _ 1,598.64 0100 14000100 71020000 1 DR lComouter Contracts 1,598 -64 IGeneral Fund Contineenev and Information Technolo2v 1 I I I ocation of funds for the purchase of hardware warranty for the two PACS Servers that expired on August 18, 2011 and to purchase an ded service agreements. The PACS Servers run software for the Tax Office. Prepared By nn, 1 of 1 volt. _I 54) pL7. PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: January 17, 2012 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 Barringer, Steven Resignation Hostetler, Tyler New Hire Building Maintenance Alvarado, Santa Retirement Trujillo, Steven Resignation Constable Pct. 3 Matejka, Joe Transfer to Another Dept. Exposition Complex Road & Bridge SO — Jail Schultz, Robert New Hire Williams, Jessie Retirement Allen, Elisabeth New Hire Gonzales, Hugo Resignation Jimenez, Halie Resignation Lovelady, Patricia New Hire Warr, Wesley Resignation Approved in Commissioners' Court: January 17, 2012: County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) Voi. I�J�Y p 14.3 Brazos County Purchasing Department Weekly Update 1/6112 — 1/12/12 Number of PO's Processed: 32 Requisitions Completed: 1 Capital Payments: 3 Projects In Progress Construction Courthouse: Phase I & II - 3 floor above ceiling work in progress APPROVED Duane Peters Date County Judge 2" and 3` Floor Remodel - District Attorney moved in completed area Phase III - Demo of 1 floor jail area in progress - Sidewalk installation on north side in progress Bids/ RFP's/ RFQ's Aggregate for Surface Treatment RFQ for Engineer for Pendleton Property RFQ for Surveyor Network Cabling Parts Janitorial Supplies Cold Mix Limestone Renewals Fence Building - Materials testing I/P - Solicitation in progress - Solicitation in progress - Awarded -Award to Court - Solicitation in progress -To Court 1/17 Vol. 15 Pg. 1 �T Solicitation of Quotes N/A Other Auction - Purchasing is receiving surplus from departments Purchasing Policy - Reviewing and revising policy - Working on a debarment verification 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 - Asset rolled from FY 2011 - Entering transfers that have transpired since beginning of FY 2012 Vol.__.! �!`— ''. - -Pg• � �I"5 County Judge Q) m M Z M Sal M • i , First Quarter - �r Oct obe r VOL 1 5� Pg. _�J__!�� Brazos County Expo - Quarterly Report First Quarter Data - October to December 2011 Sales 1. Multi - Day /Out of County Events Hosted Stock Horse of Texas Show September 30- October 2nd Texas Transportation Institute Short course October 10 -12th North East Texas Paint Horse Show October 15 -16th Special Olympics of Texas Athlete Village October 21 -22nd Stock Horse of Texas Championship Show October 17 -20th District 9 4 -H Southern Classic December 10 -11 th 2. Brazos County Events Hosted Brazos County Pizza Ranch October 5 -6th Aggie Equestrian Competitions October 8th, 28th, November 5th Texas A&M Distinguished Alumni Gala October 14th Bryan -CS Chamber of Commerce Youth to Career Fair October 18th Private Party October 21 It National Council of Examiners for Engineering and Survey Exam October 29th Lion's 100 Club Banquet November 11 th Young Life Banquet November 14th Brazos County Extension Banquet November 14th Bryan -CS Chamber of Commerce Taste of the Brazos Valley Breakfast November 22nd Swine Validation November 28th Texas A&M APO Banquet December 3rd Jarvis Parson's Fundraiser December 3rd Texas Commercial Waste Christmas Party December 3rd Brazos Valley Delta Waterfowl Banquet December 8th George Bush Library Volunteer Gala December 9th New Southwest Bakery Christmas Party December 11 th Swine Validation December 12th TEEX Christmas Luncheon December 16th Kent Moore Cabinets Christmas Luncheon December 16th Texas Equine Hospital Christmas Party December 17th Ministrio de Eben Ezer Party December 17th Vol. 15 (e p 141 3. Contacts /Inquiries Number of Individuals /Groups contacted - 71 Number of Events Booked - 13 • Charmayne James Barrel Racing Clinic March 2012 • Texas Quarter Horse Champion of Champions Show November 2012 • Brazos County Equestrian Club Show Oct 2012 • Texas Junior Shorthorn Association State Show June 2012 • Texas A &M Equestrian Camp June 2012 TESS Pipeline Meeting March 2012 • Texas A &M Liberal Arts Regional Award Banquet March 2012 • State of Texas Alpaca Ranchers Meeting January 2012 • Amazing Weddings Event February 2012 • Christmas /End of Year Banquets- 3 • Wedding Receptions - 1 4. Current Leads • Lonestar Bowhunters Association June 2012 • Texas Youth Ranch Rodeo Association June 2012 • Greater Houston Quarter Horse Show September 2012 • Texas Reining Horse Association Show November 2012 • Texas Association of Collegiate Registrars and Admissions Officers Conference November 2014 • Texas Jr. Livestock Association Fall Classic 2013 • Texas Jr. Livestock Association Belt Buckle July 2015 • Ultimate Calf Roping Series -TBD • D &G Barrel Racing Event -TBD • Gulf Coast Arabian Horse Club -TBD VOL _ 11 5 ( p Ps 149 5. Retained Business 15 out of 31 events have rebooked. Other events are still pending dates. October: 12 Potential events pending rebooking November: 8 Potential events pending rebooking December: 11 Potential events pending rebooking Texas Transportation Institute is moving the 2 days of their 3 day conference to the new MSC. In 2012 we will host the Monday meeting. The Distinguished Alumni Gala is moving to the MSC. Marketing 1. Website Stets Visits and Visitors - 4,321 visits from 3,219 visitors in 470 cities New Visitors - 2,939 or 68.02% Returning Visitors - 1,382 or 31.98% Average Page Views per Visit - 4.40 Average Time on Site per Visit - 00:02:19 Location - Top 5 visitor cities and number of visits College Station - 1,527 Houston - 545 Bryan - 402 Austin - 206 Dallas -128 Mobile - Top 5 devices and number of visits iPhone - 296 Not Set - 156 iPad - 90 HTC EVO 4G- 24 Motorola DroidX -18 Traffic Sources - How visitors find our website and number of visits Direct (typing our url directly into their web browser) - 719 or 16.64% Referring (other websites linking to ours) - 718 or 16.62 Search (search engines Google, Yahoo, Bing, etc.) - 2,884 or 66.74 %4 WI. �J PB 149 Content - Top 5 pages visited and number of views Home Page - 4,164 Calendar - 2,176 Facility- 801 Contact- 675 Albums- 642 2. Social Media Profit tats Face book - 588 people "Like" our page Twitter - 829 followers 3. Advertise a Full page ad in Texas Meeting Planners Guide Fall & Winter Issue Full page ad in Bryan College Station CVB's new Meeting Planners Guide Full page ad in Bryan College Station CVB's new Sports Planners Guide * Advertisements will run in equine /livestock publications as specified in the Annual Plan. Second Quarter Sales and Marketing Preview M of Coul2tv Events to be held 163rd Texas Diocesan Council February 10 -11 th New Event US Team Roping Championships March 1 -4th Returning Event Diamonds and Dirt Barrel Race Futurity March 14 -18th New Event Charmayne .lames Barrel Racing Clinic March 23 -25th New Event Texas A &M Rodeo March 23 -25th Returning Event Sales ogportunities Texas Association of Venues & Facilities distributing Expo brochures at Partyfest January 11 th ( appl auseproductions .com /partyfest tradesho / Austin Convention Sales calls January 26th Attend Southwest Showcase (for meeting planners) in Austin January 27th Austin Sales Blitz February 21 -23 Advertising Full page ad in Texas Meeting Planners Guide Spring Issue 2/3 Page Ad in Insite Magazine February Issue Half page ad in Brazos Valley Bride Spring Issue Vol.. 5� — Pg._ -1— ✓ =—