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2012-04-17-10:00AM-REGULAR
7 13 A li: 43 BRYAN,TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON APRIL 17, 2012 AT 10:00 AM IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVE., SUITE 106, BRYAN, TX 77803 Invocation and Pledge of Allegiance - Chaplain G.H. Jones and Commissioner Catalena 2. Call for Citizen input and /or concerns. 3. Presentation(s) Presentation reaardina Delinquent Property Tax Collection Activity for the period of January 1. 2012 through March 31, 2012. Consider and take action on agenda items 4 - 23: c1 5 Resolution # 12-002 providing for the public sale of property acquired by the County of Brazos from delinquent taxes. 6 Consider and possible action to change the location Commissioners Court convenes in Regular Session. 7 Consideration and approval of a donation in the amount of $5.000 to the Brazos Valley Veterans Memorial Board as a loint sponsor of the War of 1812 Memorial. 8 Consideration and approval concerning bond financing which includes education financing in Brazos County. g Revised lob description revision for D O - Transport Deputy in the Sheriff -Jail Division. 10 Request by County Judae's Office to create a Pre -Trial Interventlon Officer position within the County Judge Division as follows: Vol. pg,� BRAZOS COUNTY • Create second position titled Pre -Trial Intervention Officer Class Code 0210, Position 2 Group 11 Step 5 at $13 26 /hr 1040 hours per year, annual salary maximum of $13,790.00. 11 . Appointment of Randy McGregor Fire Chief City of Bryan to the Homeland Security Advisory Committee (HSAC). 12. Reappointment of the following to the Homeland Security Advisory Committee (HSAC): • a. R.B. Alley, Fire Chief, City of College Station • b Jeff Capps, Police Chief, City of College Station • c Brandy Norris Assistant Police Chief City of College Station • d. Brian Hilton Emergency Management Coordinator City of College Station • e Bart Humphreys Public Information Officer City of College Station • f Eric Buske, Police Chief, City of Bryan • q Jerry Henry Emergencv Management Coordinator City of Bryan • h Betsy Godwin, Executive Director, Brazos County 911 • 1. Jim Barker Deputy Fire Chief, South Brazos County Fire Department • i Leslie Lutz Emergencv Planning Supervisor, Texas A &M UniversitV • k Monica Weintraub Safety & Security. Texas A &M University • I. Kenny Mallard, Commissioner Pct. 3, Brazos County • m. Mike Wilson Chief Deputy Sheriff, Brazos County • n Chuck Frazier Emergency Management Coordinator Brazos County • o Michele Meade Deputy Emergencv Management Coordinator Brazos County • p BIII Jeanes Director of Risk Management, Brazos County 13. Reappointment of the following members of the Brazos County Emergency Services District # 1; term of January 1. 2012 through December 31. 2013: • a. Charles Robertson • b. Scott Armstrong • c. Michael Herron 14. 15. Renewal of contract for Jury Summons Notices with Information Management Services. Inc. through July 6 2013 with all terms and conditions remaining the same. 16. Extension of contract for 2011 -21 R Transportation of Deceased to the Medical Examiner with Hillier Funeral Services through April 30, 2012. 17 Award of contract for RFO 2012 -01 Pendleton Drive Property- Engineer and approval of manual requisition for $113.555. 18, Change order to purchase order #12002114 to Greenwav Constructors. Inc. to add $3.800 to upgrade the windows In the announcer booths at the Expo for Increased visibility. 19 . Requisition # 00037803 to GovConnection In the amount of $98.06 for the Purchase of a wireless headset for Justice of the Peace Pct 1 using JP technology funds. 20. Tax Refund Applications for the following: • a. Beckman Coulter Inc.-overpayment-$25.00 • b Duke Properties - overpayment- $31.80 • c Duke Properties-overpayment-$31.89 21. Budget Amendments. Budget Amendments FY 11/12 9 .1 thru 27.5 Vol. / 0 p 16 22. Personnel Change of Status. Personnel Action Forms 23. Payment of Claims. 24, Acknowledgement of the Brazos County Purchasing Department Update for the week of April 5 - 12, 2012. 25. Sheriff's report on inmate population. 26. Announcement of interest items and possible future agenda topics. 27. Call for Citizen input and /or concerns. 28. Adjourn. 1 0� 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 i 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. Vol. I o Pg. 113160 MINUTES April 17, 2012 BRAZOS COUNTY COMMISSIONERS COURT REGULAR MEETING it Signature Page 4- 17.1)df 0 File stamped agenda.pdf 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 10:00 a.m. on Tuesday, April 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 Catalena 2. Call for Citizen input and /or concerns. There was no citizen's input. 3. Presentation(s) Vol. 1100 Pg. 197 BRAZOS COUNTY BRYANJEXAS Presentation regarding Delinquent Property Tax Collection Activity for the period of January 1, 2012 through March 31, 2012. The Court next heard a presentation of the quarterly delinquent tax report presented by Shelburne Veselka, representative of McCreary, Veselka, Bragg & Allen, P.C. Attorneys at Law. Consider and take action on agenda items 4 - 23: 4. Proclamation # 12 -018 honoring Eric Zimmerman for his many years of service as County Extension Agent for Brazos County. 0 Item 4.pdf The County Judge read aloud a proclamation expressing appreciation and gratitude to Eric Zimmerman for his many years of service to Brazos County and wishing him the best in his next endeavor. Mr. Zimmerman was unable to attend the Commissioners Court meeting, but will be present for the next meeting to receive his proclamation. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann . Resolution # 12 -002 providing for the public sale of property acquired by the County of Brazos from delinquent taxes. 0 Item 5.pdf Approved as submitted. A copy is attached. Motion: Approve, Moved by County Judge Duane Peters, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann . Consider and possible action to change the location Commissioners Court convenes in Regular Session. 0 Item 6.pdf The Court will meet in the courtroom of the Justice of the Peace, Precinct 2, Place 2 (suite 114) at 10:00 a.m. until Judge Locke can return to his courtroom in the Courthouse. This is estimated to be at the end of June. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley , Mallard, Peters, Wassermann . Consideration and approval of a donation in the amount of $5,000 to the Brazos Valley Veterans Memorial Board as a joint sponsor of the War of 1812 Memorial. A motion and second for approval was made by Commissioner Cauley and Commissioner Wassermann, but the County Auditor informed the Court that public funds cannot be donated without an agreement for services. The County Judge asked for a presentation. Fain McDougal and Bill Newman each spoke on the War of 1812 Memorial. The motion and second to approve was withdrawn and a second motion and second was made to table consideration. Motion: Table, Moved by Commissioner Irma Cauley, Seconded by County Judge Duane Peters. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . Vol. I to Pg 199 8. Consideration and approval concerning bond financing which includes education financing in Brazos County. D Item 8.odf LJ- Abstention Affiidavit.tif Approved as submitted. This required the court's approval because the Harmony academy that is in Brazos County is included in the bond. A copy is attached. Motion: Approve , Moved by County Judge Duane Peters, Seconded by Commissioner Irma Cauley. Passed. 4 -0. Members voting Aye: Catalena , Cauley , Peters , Wassermann . Members voting Abstain: Mallard . Revised job description revision for D.O. - Transport Deputy in the Sheriff -Jail Division. D Item 9.odf Approved with the correction that the pay code should be 026 not 016 as submitted. A copy is attached. Motion: Approve w/ Conditions, Moved by Commissioner Irma Cauley, Seconded by County Judge Duane Peters. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard. Peters, Wassermann . 10. Request by County Judge's Office to create a Pre -Trial Intervention Officer position within the County Judge Division as follows: Create second position titled Pre -Trial Intervention Officer, Class Code 0210, Position 2, Group 11 Step 5, at $13.26/hr, 1040 hours per year, annual salary maximum of $13,790.00. 0 Item 10.odf This was necessitated because the number of cases rose by 82% from June 1, 2011 to current inundating the part time officer. The position is funded from fees collected. Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by County Judge Duane Peters. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . 11. Appointment of Randy McGregor, Fire Chief, City of Bryan, to the Homeland Security Advisory Committee (HSAC). D Item 11_odf Approved as submitted. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . 12. Reappointment of the following to the Homeland Security Advisory Committee (HSAC): 0 Item 12.odf • a. R.B. Alley, Fire Chief, City of College Station • b. Jeff Capps, Police Chief, City of College Station • c. Brandy Norris, Assistant Police Chief, City of College Station • d. Brian Hilton, Emergency Management Coordinator, City of College Station • e. Bart Humphreys, Public Information Officer, City of College Station • f. Eric Buske, Police Chief, City of Bryan • g. Jerry Henry, Emergency Management Coordinator, City of Bryan • h. Betsy Godwin, Executive Director, Brazos County 911 • i. Jim Barker, Deputy Fire Chief, South Brazos County Fire Department . j. Leslie Lutz, Emergency Planning Supervisor, Texas A &M University Vol. ) ( Do p g. I f q • k. Monica Weintraub, Safety & Security, Texas A &M University • I. Kenny Mallard, Commissioner Pct. 3, Brazos County • m. Mike Wilson, Chief Deputy Sheriff, Brazos County • n. Chuck Frazier, Emergency Management Coordinator, Brazos County • o. Michele Meade, Deputy Emergency Management Coordinator, Brazos County • p. Bill Jeanes, Director of Risk Management, Brazos County Motion: Approve , Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard . Peters. Wassermann . Motion and second to also approve the appointment of John Happ of Easterwood Airport. Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard , Peters , Wassermann . 13. Reappointment of the following members of the Brazos County Emergency Services District # 1; term of January 1, 2012 through December 31, 2013: ID Item 13.pdf • a. Charles Robertson • b. Scott Armstrong • c. Michael Herron Motion: Approve , Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters, Wassermann . 14. Declaration of surplus property as "salvage" that was advertised for sale in accordance with Local Government Code 263.152 and received no bids or was unclaimed, and authorization for either destruction or other disposal. 0 Item 14.pdf Approve as submitted. The list of items 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 . 15. Renewal of contract for Jury Summons Notices with Information Management Services, Inc. through July 6, 2013, with all terms and conditions remaining the same. 9 Item 15 Part 1.pdf J Item 15 Part 2.pdf Approved as submitted. All terms, conditions and pricing shall remain the same. Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard , Peters, Wassermann . 16. Extension of contract for 2011 -21 R, Transportation of Deceased to the Medical Examiner with Hillier Funeral Services through April 30, 2012. 0 Item 16.pdf The extension is from April 15, 2012 through April 30, 2012. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Vol. -- �- �'_- -- PB•---- f--'_' Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . 17. Award of contract for RFQ 2012 -01, Pendleton Drive Property- Engineer and approval of manual requisition for $113,555. Item 17 Part 1.odf 0 Item 17 Part 2.odf Approved as submitted. A copy of the contract is attached. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters , Wassermann . 18. Change order to purchase order #12002114 to Greenway Constructors, Inc. to add $3,800 to upgrade the windows in the announcer booths at the Expo for increased visibility. Item 18.odf Approved as submitted. This will add an additional $3,800 to the project total. Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley , Mallard, Peters, Wassermann . 19. Requisition # 00037803 to GovConnection in the amount of $98.06 for the purchase of a wireless headset for Justice of the Peace, Pct. 1 using JP technology funds. -M Item 19.odf Approved as submitted. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard . Peters . Wassermann . 20. Tax Refund Applications for the following: 0 Item 20.odf a. Beckman Coulter Inc.- overpayment - $25.00 b. Duke Properties- overpayment - $31.80 c. Duke Properties- overpayment - $31.89 Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters . Wassermann . 21. Budget Amendments. Budget Amendments FY 11/12 27.1 thru 27.5 D-- Item 21.odf The County Judge corrected the budget amendment number typo on the agenda saying that it should be 27.1 through 27.5 rather than 227.1. 27.1 Reallocate funds for Information Technology 27.2 Transfer funds from General Fund Contingency to Bryne Justice Assistance 27.3 Reallocate funds for Emergency Management Vol. Pg.--- 27.4 Reallocate funds for HOT Marketing Fund 27.5 Reallocate funds for 272nd District Court Motion: Approve , Moved by County Judge Duane Peters, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters , Wassermann . 22. Personnel Change of Status. Personnel Action Forms 9 Item 22.pdf A copy of the Personnel Change of Status is attached. Motion: Approve , Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . 23. Payment of Claims. At Claims Sheet.odf J' BILL LIST 04.17.12.odf 7097116 through 7097318 Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard . Peters . Wassermann . 24. Acknowledgement of the Brazos County Purchasing Department Update for the week of April 5 - 12, 2012. » Item 24.odf The Court acknowledged receipt of the Purchasing Department Weekly Update. 25. Sheriff's report on inmate population. Sheriff Chris Kirk stated there were 538 inmates in jail, 78 have electronic monitors and 10 are pending for monitors. 26. Announcement of interest items and possible future agenda topics. Commissioner Cauley made the following announcements: • a. Brazos County Juvenile Services and the City of Bryan Public Library unveiled "Reaching Teens for Life." It showcases work done by juveniles. It took several months to complete. She invited all to view it on the 2nd floor of the library. • b. She will be in Washington D.C. for the Leadership Academy from April 28 through May 4, 2012. Commissioner Mallard made the following announcement: a. Steve Harris will be in town for a meeting today at the COG on our Housing Finance Corporation program. 27. Call for Citizen input and /or concerns. There was no citizen's input. Vol. Pg. 28. Adjourn. Vol. Pg.� The foregoing minutes of the Commissioners Court meeting held April 17, 2012 have been examined and are approved in open Court this day of 2012, in Bryan, Brazos County, Texas. uane Peters Lloyd Wassermarm County Judge Commissioner, Precinct 1 J y Ca ena Commis 'oner, Precinct 2 Irma Cauley Commissioner, Precinc Attest: Kenny Mallard Commissioner, Precinct 3 Karen McQueen County Clerk Vol i6o Page BRAZOS COUNTY COMMISSIONERS COURT Meeting on / l L O PAGE( ) of Z 6 Pg. Vol. �--- � II /�, � I IiL Vii' d( . MAIN .�1i1. MIM, PAGE( ) of Z 6 Pg. Vol. �--- BRAZOA COUNTY COMMISSIONERS COURT Meeting on j 2 s : :� a L l o l l � PAGE 2 of Z Vol. — P g — ' ---' -=�-- Name Organization / Department I� I Off/ s/ G14z— �L PAGE 2 of Z Vol. — P g — ' ---' -=�-- proclamatwn County 1xtenswn s7gent, 2 Zimmerman 'Mmreas Eric Zimmerman was appointed as a Brazos County Extension Agent in July of 1997 and has faithfully served the citizens of Brazos County since that time; and ZY`WreaS Eric Zimmerman has been recognized throughout the United States as a premiere meat goat evaluator and judge, is proficient in plant identification, range and pasture management, wool and mohair evaluation, human resource management and conservation of natural resources; and 70kereas Eric Zimmerman has participated in over 350 live and taped television appearances; 260 news articles and features to print media, 30 live and recorded radio interviews, 120 newsletters to clientele, and 125 in- person oral presentations throughout Texas; and ZYlrereas Eric Zimmerman has secured over $360,565 via grants, sponsorships and fund- raising efforts for programmatic priorities; and 1Yllereas Eric Zimmerman is associated with various leadership and professional associations, has been recognized as Who's Who Among American High School Teachers, was the recipient of the District 9 TCAAA New Agent Award, coached the Champion Houston Livestock Show Plant Identification Team and National Champion Wool Judging Team, and was recognized as an Outstanding County Extension Agent in Texas. .NOW ??ierVOre, Be It Procfaimed, on this I l ,,mi�ll + day of 2012 that the Commissioners Court of Brazos County, Texa wishes to express its appreciation and graitude to Eric Zimmerman for his many years of service and wish him f health and ines in his next endeavor. Duane Peters, Couri y e LCoycf assermann, Commissioner Tet: my Cat ena Commissimrer Pct. z Xenny Maffard ct issioner T& 3 4 Proc.12 -018 Vol. _�— Pg RESOLUTION PROVIDING FOR THE PUBLIC SALE OF PROPERTY ACQUIRED BY THE COUNTY OF BRAZOS FROM DELINQUENT TAXES WHEREAS, the following properties in Brazos County were offered for sale by the Sheriff of Brazos County, Texas at a public auction pursuant to ajudgment of foreclosure for delinquent taxes by the District Court; and WHEREAS, those parcels of land did not receive a sufficient bid as set by law and were struck off to the County of Brazos, for the use and benefit of itself and the taxing units for which it collects property taxes, pursuant to TEX. PROP. TAX CODE § 34.01 (j); and WHEREAS. TEX. PROP. TAX CODE § 34.05 (c) and (d) provide that we may request that the Sheriff sell the property at a public sale for any sufficient bid. Cause No. 09- 001756 -CV -272 Lot 44, Block 7, Bryan's First Addition AKA Lot 44, Block 7, Hall's Addition, Account No. R92335 City of Bryan, Brazos County, Texas being that property more particularly described in Volume 1355, Page 207 of the Official Public Records, Brazos Counryjcxas; Original Sale Date September 6, 2011 Cause No. 09- 001756 -CV -272 Lot 43, Block 7, Bryan's First Addition AKA Lot 43, Block 7, Hall's Addition, Account No. R20324 City of Bryan, Brazos County, Texas being that property more particularly described in Volume 1355, Page 207 of the Official Public Records, Brazos Countv, Texas; Original Sale Date September 6, 2011 Cause No. 09-001756-CV-272 Lots 46, 47, 53 and 54 and Part of 15th Street ROW, Block 7, Bryan's First Account No. R20326 Addition, AKA 46, 47, 53 and 54, and Part of 15th Street ROW, Block 7, Hall's Addition, City of Bryan, Brazos County, Texas being that property more particularly described in Volume 1355, Page 207, Volume 1321, Page 315 and Volume 2540, Page 237 of the Official Public Records, Brazos County, Texas; Original Sale Date September 6, 2011 THEREFORE, BE IT HEREBY RESOLVED by the Commissioner's Court of the County of Brazos, Texas that the County of Brazos, Texas hereby directs the Sheriff of Brazos County, Texas to conduct a sale on the first Tuesday in June, 2012 in the manner prescribed by the Texas Rules of Civil Procedure and TEX. PROP. TAX CODE §34.05 (c) and (d). PASSED, APPROVED AND A PTED this the day of 2012. County Judge - Duane Peters Pg. --/L7 _ CERTIFICATE OF THE COUNTY JUDGE OF BRAZOS. COUNTY, TEXAS City of Houston Higher Education Finance Corporation Education Revenue Bonds (Cosmos Foundation, Inc.) Series 2012A The undersigned County Judge of Brazos County, Texas, (the "County) hereby certifies with respect to the issuance by the City of Houston Higher Education Finance Corporation Education Revenue Bonds (Cosmos Foundation, Inc.) Series 2012A (the `Bonds'), that: 1. This certificate is based upon the CERTIFICATE OF PUBLIC HEARING OFFICER REGARDING PUBLIC HEARING attached hereto as Exhibit A relating to the public hearing conducted on the date indicated in the Affidavit of Publication attached to such Minutes of Public Hearing by the duly appointed hearing officer of the Corporation in accordance with the requirements of Section 147(f) of the Internal Revenue Code of 1986, as amended; and 2. Solely for purposes of the approval requirements of the aforesaid Section 147(f) of the Code, and for no other purpose, in my capacity as County Judge, I hereby approve the Bonds and the facilities to be financed with the proceeds of the _Bonds, and hereby ratify and approve all actions taken by or on behalf of the County with respect to.the appointment of the Hearing Officer, the publication of the Notice of the Public Hearing as reflected in the Affidavit of Publication attached as Exhibit A to the attached Certificate of Public Hearing Officer, and the conducting of such Public Hearing. THIS APPROVAL SHALL NOT BE CONSTRUED AS (1) A REPRESENTATION OR WARRANTY BY THE COUNTY, THE COUNTY JUDGE OF THE COUNTY, THE STATE OF TEXAS OR ANY OTHER AGENCY, INSTRUMENTALITY OR POLITICAL SUBDIVISION OF THE STATE OF TEXAS THAT THE BONDS WILL BE PAID OR THAT ANY OBLIGATIONS ASSUMED BY ANY OF THE PARTIES UNDER THE INSTRUMENTS DELIVERED IN CONNECTION WITH THE BONDS WILL IN FACT BE PERFORMED; (2) A PLEDGE OF THE FAITH AND CREDIT OF THE COUNTY OR THE STATE OF TEXAS OR ANY AGENCY, INSTRUMENTALITY OR POLITICAL SUBDIVISION OF THE STATE OF TEXAS OR THE COUNTY; OR (3) A REPRESENTATION OR WARRANTY BY THE COUNTY CONCERNING THE VALIDITY OF THE CORPORATE EXISTENCE OF THE CORPORATION OR THE VALIDITY OF THE BONDS. Date: Q ---- �, .. County Judge, Brazos ounty, Texas HOU:3207770.1 q q Vol. l 10 D Pg.��_ f� 'r� a A -1 HOu32Dma.l 00 o Vol. ---L& Pg. CERTIFICATE OF PUBLIC HEARING OFFICER REGARDING PUBLIC HEARING (INTERNAL REVENUE CODE & 147(8) CITY OF HOUSTON HIGHER EDUCATION FINANCE CORPORATION EDUCATION REVENUE BONDS (COSMOS. FOUNDATION, INC.) SERIES 2012A 1, the undersigned, do hereby make and execute this certificate for the benefit of all persons interested in the issuance of the above- referenced bonds (collectively, the "Bonds'). I hereby certify as follows: 1. I am the duly appointed hearing officer for the public hearing which was held in connection with the issuance of the Bonds at the time and place indicated.in the Notice of Public Hearing included in Exhibit A attached hereto. 2. Notice of the public hearing was published no less than 14 days before the date of the public hearing in The Texas Register, as evidenced by the Affidavit of Publication of the Notice of Public Hearing attached hereto as Exhibit A. All persons appearing at the public hearing were given an opportunity to comment on the proposed issuance of the Bonds and the project to be financed with proceeds of the Bonds. No such persons appeared or made comments except as is set forth on Exhibit B attached hereto. 4. After giving all interested persons an opportunity to, appear and comment, the public hearing was declared closed. HOW201421.1 Vol. P 020 I WITNESS MY HAND this 16 day of March, 2012. t' Nathelie Ashby Hearing Officer Exhibit A - Affidavit of Publication of the Notice of Public Hearing Exhibit B - Names and Comments of Persons Attending Public Hearing P.�ta M1. HOU:3201421.1 Vol.— Pg.�— AFFIDAVIT OF PUBLICATION OF THE NOTICE OF PUBLIC HEARING ATTACHED "vet'�r HOU:3201421.1 Vol. �— Pg AFFIDAVIT OF PUBLICATION THE STATE OF TEXAS COUNTY OF BRAZOS BEFORE ME, the undersigned authority, on this .day personally appeared the person whose name is subscribed below, who, being by me first duly swom, upon oath deposed and said: 1. That this affiant is a duly authorized officer or employee of The Eogle, which is a newspaper published in Brazos County, Texas and is of general circulation in the City of Bryan, Texas and College Station, Texas. 2. That said newspaper is a "newspaper" as defined by Section 2051.044, Texas Government Code, and as such: (1) devotes not less than 25 percent of its total column lineage to general interest items; (2) is published at least once each week; (3) is entered as second -class postal matter in the county where published; and (4) has been published regularly and continuously for at least 12 months prior to publishing the notice referenced below. 3. That attached hereto is a true, full and correct copy of a NOTICE OF PUBLIC HEARING, which was published in said newspaper on+v*MPy 1, 2012. Au orized icer or Employee SWORN TO AND SUBSCRIBED BEFORE ME, this the �" 4 day of-F, 2012. LYNNE J. ANO Not" Puhlk Stne of Tmas ( EBB My OommMcn EVres APRIL 21, 2012 [NOTARY SEAL] xoU:3192642.1 Vol. pg' Thntwd ,, March 1, 2012 The Eagle : theeagle.com INC. OF &RX HEARING DOBMOB PoVNDAT1d{. 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He oriy Bdaq Prehle, 1102 N.W: Ah BhOSt, Grand Prolds, Tema 75050; 1 ono ldtw siW mmwroYq cwwn nosh Tw•w e�af� aw romytmhl anNor s p du Id m pmeht d eduoiw 1 d .ah app mdn ably 27 OdD .gusto roe bulb Harmarry edbd d Ducoae7;+iau"on, 5270 Baler, yPleu Road +blydon; Tgr . W) 8nerrabtY And rohnbuMing oayb 00 for the acgyeMCn d an.syNMp lhitdlrrh, see trlprovar!onta.'dwlar', mrotruogm, rarovaben; arxvo egdpm nt d.aduoa2wly Ska.. H ,. yl lbcabtj At, a Har w,n 9amw Amdemy44uetaii, 60.% S. Sraw'eued BM7.: Houemn, 76;eaZ708a . Vol. } `7 1 Vol. — � 0 P9. EXHIBIT B NAMES AND COMMENTS OF PERSONS ATTENDING PUBLIC HEARING NONE Name of Attendee Comment 2. 3. HOU:3201421.1 Vol. Pg• — Brazos County Job Description Class No: 1512 Job Title: D.O. — Transport Deputy Department: Sheriff - Jail Admin. Reports To: Sergeant — Jail Division FLSA Status: Nonexempt EEOC Category: Protective Service Workers Pay Group: 16 Prepared /Revised Date: October 1, 2002 Prepared /Revised Date: April 11, 2012 Approved Date: SUMMARY Provides corrections services involving the movement of inmates inside and outside the jail facility; monitors prisoners' activities; and maintains necessary records. ESSENTIAL DUTIES AND RESPONSIBILITIES include the following. Other duties may be assigned. Performs all of the essential duties of a Detention Officer (1511) as necessary to relieve Detention Officers; Performs all of the essential duties of a Booking Officer (1515) as necessary to relieve Booking Officers; Transports inmates to and from locations outside the facility for medical, psychological, and court ordered appointments or appearances; Performs the duties of Deputy Sheriff to execute criminal warrants and mental commitments; Coordinate the preparation of documents and movement of inmates to and from Magistrates Court; Transports inmates to and from state facilities for convicted offenders. Observes and supervises inmates; Transports patients under civil commitments to various medical and mental hospitals; Performs searches of inmates before and after transports; Completes necessary papers and documents; Enters inmate information into the computer, and maintains and updates inmate records; Inspects and maintains safety equipment, vehicles, and detection and alarm systems; Intervenes and resolves crisis situations such as fights and medical emergencies, including physical restraint of inmates; Intervenes and resolves crisis situations they may encounter during transports such as traffic accidents, medical emergencies, and enforcement of State Law; Provide courtroom security as necessary. SUPERVISORY RESPONSIBILITIES Vol. I lP o pg. 010 8' Class No. 1512 (Continued) This is a non - supervisory position. QUALIFICATIONS To perform this jab successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. EDUCATION and/or EXPERIENCE High school graduation or its equivalent KNOWLEDGE OF Requirements of Texas Commission on Jail Standards; Texas penal code; Texas criminal and civil laws; first aid procedures, use of fire and safety equipment; department policies and procedures; self- defense tactics; and computers. SKILL/ABILITY TO Operate computers, fire and safety equipment, vehicles; and firearms; read and write reports, letters, and memos; perform basic mathematical calculations; analyze data; follow instructions; communicate effectively, both orally and in writing; and maintain effective working relationships with co-workers, prisoners, and the general public. CERTIFICATES, LICENSES, REGISTRATIONS Basic certification as a jailer from the Texas Commission on Law Enforcement Officer Standards and Education (TCLEOSE); Basic Peace Officer License from the Texas Commission on Law Enforcement Officer Standards and Education (TCLEOSE); and valid Texas Commercial Motor Vehicle Operators License (CDL). PHYSICAL DEMANDS The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is regularly required to sit; use hands to finger, handle, or feel; reach with hands and arms; bend and kneel; and talk and hear. The employee frequently is required to stand and walk. The employee must frequently lift and /or move objects weighing up to 20 pounds, such as books and stacks of records, and occasionally must lift and /or move objects weighing 100 pounds or more. Specific vision abilities required by this job include close vision, distance vision, peripheral vision, color vision, and ability to adjust focus. WORK ENVIRONMENT The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. The noise level in the work environment is usually high. While performing the essential duties of this job, the employee is constantly required to work closely with others as part of a team. The employee is frequently required to perform multiple tasks simultaneously, and to respond to emergency situations in which there is the possibility of danger or physical abuse. Vol. /60 Pg. o AFFIDAVIT TEXAS LOCAL GOVERNMENT CODE, CHAPTER 171 STATE OF TEXAS § COUNTY OF BRAZOS § Q BEFORE ME, the undersigned authority, on I I ` personally appeared L \oA !141 who being duly sworn, deposes and says: 1. That he /she has a substantial interest in a business entity or real property. Official action taken by the Commissioners Court of Brazos County, Texas concerning Agenda Item No. S of the Court Agenda dated 4 - 17 - 17' describeddas , '} / sWIGrIA 1 'edue h n '�l/ILCYI n6 111 tgrAU -5 L would have a special economic effect on that business entity or a special economic effect on the value ofthe real property, that is distinguishable from the effect on the public. 2. That the substantial interest is (check the following as is appropriate): O a. Ownership of 10 percent or more of the voting stock or shares of the business entity or either 10 percent or more or $15,000 or more of the fair market value of the business entity; or () b. Funds received by me from the business entity exceed 10 percent of my gross income for the previous year; or O c. An equitable or legal ownership in real property with a fair market value of $2,500 or more; or O d. A person related in the first degree by either affinity or consanguinity to me has a substantial interest as defined above; or (� e. other �l {� -Y 'W�.�•l_T (Y?1tb- >+�'�' C?V c[sr�Gt °'� CC�•�� 3. That I will abstain from participation in the matter referred to in Item I unless a thorized by law. rr Signature SWORN TO AND SUBSCRIBED BEFORE ME this the L y of / 20 ,o r:^ , BEATRIZ D. GREEN % Notary Public, State of TBYdS Notar Public in and fo r My Commission Expires ry The State of Texas_izy JUNE 11, 2014 FILED FOR RECORD Filed: n DATE -"2' 5� /02 �/! C County Clerk AT O'CLOCK M KAPPM hArnl IGGKI Vol. g P a 10 Brazos County Job Description Class No: 1512 Department: Sheriff - Jail Admin. FLSA Status: Nonexempt Pay Group: 16 Approved Date: U Job Title: D.O. —Transport Deputy Reports To: Sergeant — Jail Division EEOC Category: Protective Service Workers Prepared /Revised Date: October 1, 2002 Prepared /Revised Date: April 11, 2012 SUMMARY Provides corrections services involving the movement of inmates inside and outside the jail facility; monitors prisoners' activities; and maintains necessary records. ESSENTIAL DUTIES AND RESPONSIBILITIES include the following. Other duties may be assigned. Performs all of the essential duties of a Detention Officer (1511) as necessary to relieve Detention Officers; Performs all of the essential duties of a Booking Officer (1515) as necessary to relieve Booking Officers; Transports inmates to and from locations outside the facility for medical, psychological, and court ordered appointments or appearances; Performs the duties of Deputy Sheriff to execute criminal warrants and mental commitments; Coordinate the preparation of documents and movement of inmates to and from Magistrates Court; Transports inmates to and from state facilities for convicted offenders. Observes and supervises inmates; Transports patients under civil commitments to various medical and mental hospitals; Performs searches of inmates before and after transports; Completes necessary papers and documents; Enters inmate information into the computer, and maintains and updates inmate records; Inspects and maintains safety equipment, vehicles, and detection and alarm systems; Intervenes and resolves crisis situations such as fights and medical emergencies, including physical restraint of inmates; Intervenes and resolves crisis situations they may encounter during transports such as traffic accidents, medical emergencies, and enforcement of State Law, Provide courtroom security as necessary. OVED SUPERVISORY RESPONSIBILITIES a Duane Peters Date County Judge Vol. �� pg. a I I Class No. 1512 (Continued) This is a non- supervisory position. QUALIFICATIONS To perform this jab successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and /or ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. EDUCATION and /or EXPERIENCE High school graduation or its equivalent KNOWLEDGE OF Requirements of Texas Commission on Jail Standards; Texas penal code; Texas criminal and civil laws; first aid procedures; use of fire and safety equipment; department policies and procedures; self- defense tactics; and computers. SKILL/ABILITY TO Operate computers, fire and safety equipment, vehicles; and firearms; read and write reports, letters, and memos; perform basic mathematical calculations; analyze data; follow instructions; communicate effectively, both orally and in writing; and maintain effective working relationships with co-workers, prisoners, and the general public. CERTIFICATES, LICENSES, REGISTRATIONS Basic certification as a jailer from the Texas Commission on Law Enforcement Officer Standards and Education (TCLEOSE); Basic Peace Officer License from the Texas Commission on Law Enforcement Officer Standards and Education (TCLEOSE); and valid Texas Commercial Motor Vehicle Operator's License (COL). PHYSICAL DEMANDS The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is regularly required to sit; use hands to finger, handle, or feel; reach with hands and arms; bend and kneel; and talk and hear. The employee frequently is required to stand and walk. The employee must frequently lift and/or move objects weighing up to 20 pounds, such as books and stacks of records, and occasionally must lift and /or move objects weighing 100 pounds or more. Specific vision abilities required by this job include close vision, distance vision, peripheral vision, color vision, and ability to adjust focus. WORK ENVIRONMENT The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. The noise level in the work environment is usually high. While performing the essential duties of this job, the employee is constantly required to work closely with others as part of a team. The employee is frequently required to perform multiple tasks simultaneously, and to respond to emergency situations in which there is the possibility of danger or physical abuse. Q Vol. I l 0 pg. a I ai \ � � � � � f ) � § } } � § ■ £ k � § � ƒ VL. I�D § f \ i } | \ / 7 i E { . §�! fm � @ E/ 72 7( ` Ik ■ ® \ ;�(\ _ )> ■ ) § (\ � ƒg VL. I�D § f \ i } | \ / { q P. �l� ®:E § {, \� 7 i E { . §�! fm @ , { q P. �l� ®:E § {, \� 7 i E { fm ( `»R� ■ � ƒg ( � }| \ ƒ� | \7� �K �! BRAZOS COUNTY SURPLUS AUCTION - 3/26/2012 UNCLAIMED LOTS LOT # DESCRIPTION 2 (5) BULLETIN BOARDS 49 (APPROX 16) WOOD CHAIRS 103 TYPEWRITER 16 (APPROX 5) RECORDING DEVICES 11 (APPROX 20) CELL PHONES 83 SM BOW W /CLOTH CAMO BAG 59 (8) ORGANIZERS 60 (3) TABLES 7 COMPUTER BOARDS 8 (4) TV'S 9 SONY SLV 700 VCR 101 & 85 OFFICE PHONES Vol. 1(0 P - 14 !. nr Brazos County Purchasing Department 200 SOUTH TEXAS AVE SUITE 352 BRYAN, TX 77803 PHONE (979) 3614290 FAX (979) 3614293 Charles Wendt, Purchasing Agent Tiffany West, Buyer II April 9, 2012 IMS 2422 Freedom San Antonio, TX 78217 Attn: Kelly Dowe Re: Renewal of Contract for Jury Summon Notices Leslie Williams, Assistant Purchasing'Agent Gail Davis, Buyer I Brazos County would like to exercise the renewal option for Jury Summons Notices for Brazos County. All terms, conditions, and pricing shall remain the same. The renewal will start upon Commissioner's Court Approval through July 6, 2013. To accept the renewal option, please fill out the information and sign below. Return the signed documents by email to Williams@co.btazos.tx.us or fax to (979) 3614293. Please then submit the original signed documents and an updated Certificate of Insurance by mail: to the address listed. above. Please return acceptance, as soon as possible. If you have any questions, I may be reached at (979)361 4294. Contact Name: Telephone: I �' �' - i = ' 6 /x Fax: 9/ 0 - I INFORMATION MANAGEMENT SOLUTIONS I_ Signature Duane Peters, County Judge ri 76 _ APR L IL1t aL i.). Date —1 Date n cp Ooo n fV Ln 0 � o00 0 0. 000 W o- n O O o O 0 1tj r O O O r if) H O � G to to of w 03 1- r 1 6% O O O O O O O O O O r- O O (p O O O O U O O O O O O O C b W O n r O Q O f0 0 O O b O 69, O � CD en 00) O ��pp O O O 0 (-: C O O6 c 40 b O O o O O O. O O O O O m T N 6 G O N r-- �. 6�4 M, 69 O LO co O O O � O O O N w N m O O O O O q O O O O ° o a a 4 C) 4D 0o c � m n o 0 o 00 C 0 oc n 0 �O c o O E O C � � a W 03 Q ci m B m w LL 4 m m O 0 �: � U m Cl m 'O Q B c ' �� 2 y a c m m t0 mW . w q 0 m m :°_a c W O �o 't r - 00 vmip 0 CL O c m 0 { ro d cinc a. N U Y o . w ink `� —N z 0 a o o E (n a mUm mzr c C c c C 0 2 a'a O 0 G CL a N .�.. CD 00 000 c m a -°,��� U (a y� m c EE EEE m� .°, " a�i mmH�000 c E cm O W W d (n (� �� co LL ca: �a --zzz o m U m Q co m Vol. — Pg. °z THE STATE OF TEXAS § § KNOW ALL THESE PRESENTS: BRAZOSCOUNTY § JURY NOTICE AND SUMMONS AGREEMENT BETWEEN BRAZOS COUNTY AND INFORMATION MANAGEMENT SOLUTIONS, L.L.C. GENERAL TERMS & CONDITIONS I. PARTIES 1.0 ADDRESS THIS AGREEMENT for JURY NOTICE TRACKING SYSTEM AND SERVICES ('Agreement ") is made on the Countersignature Date between the COUNTY OF BRAZOS, TEXAS ('County"), and Information Management Solutions, L.L.C., ('Contractor or Contractor /Supplier "), a limited liability corporation created and doing business in Texas. The initial addresses of the parties, which one party may change by giving written notice to the other party, are as follows: Brazos County Information Management. Solutions, L.L.C. 200 S. Texas Ave, Suite 329 2422 Freedom St. Bryan, Texas 77803 San Antonio, TX 78217 2.0 TABLE OF CONTENTS 2.1 This Agreement consists of the following sections. Vol._ O OQ 1-7 TABLE OF CONTENTS Page N o. I. PARTIES ............................................................. ........................... I 1.0 SCOPE OF SERVICES ................__...... ......._....._................ ADDRESS ....................................... ......... *"*"* ............. 1 2.0 TABLE OF CONTENTS._ .................... ............_._............... 1 3.0 PARTS INCORPORATED .................................................. 3 4.0 CONTROLLING PARTS ..................... ..............................3 INSURANCE .................................................................. 5 .0 DEFINITIONS .............................................................. 3 6.0 SIGNATURES..._........_ ...................._ ..............._......._...... 4 11. DUTIES OF CONTRACTOR .............................................. ............. 5 1.0 SCOPE OF SERVICES ................__...... ......._....._................ 2.0 RELEASE .......................................................... ........... s 3.0 INDEMNIFICATION .......................... ..............................5 4,0 INDEMNIFICATION PROCEDURES .................................... 5 5 .0 INSURANCE .................................................................. 6 6 .0 WARRANTIES .............................. .............................. 7 7.0 LICENSES AND PERMITS ........_ ......... ........__._.................. 7 8.0 CONTRACTOR'S PERFORMANCE ......._......._ .............. 8 9.0 PAYMENT OF EMPLOYEES AND SUBCONTRACTORS .......... 8 III. DUTIES OF COUNTY ......................... ..............................9 1 .0 PAYMENT TERMS ................._........._... ..........._..................8 2 .0 TAXES...._ ......... ....................................................... ...8 3.0 METHOD OF PAYMENT ................ .............................. 9 4.0 METHOD OF PAYMENT -DISPUTED PAYMENTS ................. 9 5.0 LIMIT OF APPROPRIATION.. . ........................................... 9 6 .0 CHANGES ............ ............................... ....................... 10 IV, TERM AND TERMINATION..........._._ . ............................. 11 1.0 CONTRACT TERM .................._........... .......... 2 ,0 RENEWALS ........_ . ............._....... I ....... 11 3,0 TIME EXTENSIONS ........................................ . I ............. 12 4.0 N FOR CONVENIENCE BY COUNTY - - . . . . .... TERMI NATION . .. .12 L 2 10 pg.-- Vol-------- i� 5.0 TERMINATION FOR CAUSE BY COUNTY ..... ................... 12 6.0 TERMINATION FOR CAUSE BY CONTRACTOR .................. 13 V. MISCELLANEOUS ............................ .............................13 1.0 INDEPENDENT CONTRACTOR...._ ...... ..................._.........13 2.0 FORCE MAJEURE ............................. .............................14 3.0 SEVERABILITY ............................... .............................14 4.0 ENTIRE AGREEMENT ...... .............................................. 14 5.0 WRITIEN AMENDMENT ................................................ 14 6.0 APPLICABLE LAWS ...................... ............................... 15 7.0 NOTICES.._ ..............................._..... ............................. 8.0 NON - WAIVER .......................................... .......... . ...... ..15 9.0 INSPECTIONS AND AUDITS .............. .............................15 10.0 ENFORCEMENT .......................................................... 15 11.0 AMBIGUITIES ....................................................... ......16 12.0 SURVIVAL .................................................................. 16 13.0 PARTIES IN INTEREST ....................._. ._...........................16 14.0 SUCCESSORS AND ASSIGNS ........... ............................... 16 15.0 BUSINESS STRUCTURE AND ASSIGNMENTS .................... 16 16.0 REMEDIES CUMULATIVE ................. .............................16 17.0 CONTRACTOR DEBT ................................................... 17 18.0 ADDITIONS & DELETIONS ............................................. 17 EXHIBITS A. DEFINITIONS B. SCOPE OF SERVICES C. FEES AND COSTS 3.0 PARTS INCORPORATED 3.1 The above described sections and exhibits are incorporated into this Agreement.. Vol. 4.0 CONTROLLING PARTS 4.1 If a conflict among the sections or exhibits arises, the document that expressly controls the subject controls. 5.0 DEFINITIONS 5.1 Certain terms used in this Agreement are defined in Exhibit "A ". 6.0 SIGNATURES 6.1 The Parties have executed this Agreement in multiple copies, each of which is an original. 11. DUTIES OF CONTRACTOR 1.0 SCOPE OF SERVICES 1.1 In consideration of the payments specified in this Agreement, Contractor shall provide all supervision, labor, tools, equipment, permits, parts, expendable items, material, and supplies necessary to perform the services described in Exhibits "B and C." 2.0 RELEASE 2.1 CONTRACTOR /SUPPLIER AGREES TO AND SHALL RELEASE THE COUNTY, ITS AGENTS, EMPLOYEES, OFFICERS, AND LEGAL REPRESENTATIVES (COLLECTIVELY THE COUNTY FROM ALL LIABILITY FOR INJURY, DEATH, DAMAGE, OR LOSS TO PERSONS OR PROPERTY SUSTAINED IN CONNECTION WITH OR INCIDENTAL TO PERFORMANCE UNDER THIS AGREEMENT, EVEN IF THE INJURY, DEATH, DAMAGE, OR LOSS IS CAUSED BY THE COUNTY'S CONCURRENT NEGLIGENCE. Vol. 0 4 p g , as 0 3.0 INDEMNIFICATION 3.1 CONTRACTOR/SUPPLIER AGREES TO AND SHALL DEFEND, INDEMNIFY, AND HOLD THE COUNTY, ITS AGENTS, EMPLOYEES, OFFICERS, AND LEGAL REPRESENTATIVES (COLLECTIVELY "THE COUNTY ") HARMLESS FOR ALL CLAIMS, CAUSES OF ACTION, LIABILITIES, FINES, AND EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEY'S FEES, COURT COSTS, AND ALL OTHER DEFENSE COSTS AND INTEREST) FOR INJURY, DEATH, DAMAGE, OR LOSS TO PERSONS OR PROPERTY SUSTAINED IN CONNECTION WITH OR INCIDENTAL TO PERFORMANCE UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, THOSE CAUSED BY: 3.1 .1 Contractor /Supplier And/Or Its Agents', Employees', Officers', Directors', Contractors', Or Subcontractors' Actual Or Alleged Negligence Or Intentional Acts Or Omissions; 3.1.2 The County's And Contractor /Supplier Actual Or Alleged Concurrent Negligence, Whether Contractor Is Immune From Liability Or Not; And 3.1.3 Contractor /Supplier Shall Defend, Indemnify, And Hold The County IIarmless During The Term Of This Contract And' For One (1) Year After The Contract Terminates. Contractor's Indemnification Is Limited To $500,000 Per Occurrence. Contractor Shall Not Indemnify The County For The County's Sole Negligence. 3.2 COUNTY AGREES TO HOLD CONTRACTOR HARMLESS FOR ANY CLAIMS MADE BY THE COUNTY THAT MAY ARISE AS A RESULT OF FAULTY, INCORRECT OR INCOMPLETE DATA BEING SENT TO IT BY THE COUNTY: PROVIDED THAT CONTRACTOR WAS NOT AWARE, MADE AWARE, OR SHOULD HAVE BEEN AWARE OF THE INACCURACY OF THE DATA. 3.3 CONTRACTOR SHALL REQUIRE ALL SUBCONTRACTORS (AND THEIR SUBCONTRACTORS) o Vol. 1 P g . Aa 1 \ IT HAS RETAINED (BY PRIOR PERMISSION OF THE COUNTY) TO RELEASE AND INDEMNIFY THE COUNTY TO THE SAME EXTENT AND IN SUBSTANTIALLY THE SAME FORM AS ITS RELEASE, AND INDEMNITY TO THE COUNTY. 4,0 INDEMNIFICATION PROCEDURES 4.1 Notice of Claims. If the County or Contractor /Supplier receives notice of any claim or circumstances, which could give rise to an indemnified loss, the receiving party shall give written notice to the other party within 10 days. The notice must include the following: 4.1.1 Description of the indemnification event in reasonable detail, 4.1.2 The basis on which indemnification may be due, and 4.1 .3 The anticipated amount of the indemnified loss. 4.2 This notice does not stop or prevent the County from later asserting a different basis for indemnification or a different amount of indemnified loss than that indicated in the initial notice. If the County does not provide this notice within the 10 day period, it does not waive any right to indemnification except to the extent that Contractor /Supplier is prejudiced, suffers loss, or incurs expense because of the delay. 4.3 Defense of Claims 4.3.1 Assumption of Defense Contractor /Supplier may assume the defense of the claim at its own expense with counsel chosen by it that is reasonably satisfactory to the County. Contractor /Supplier shall then control the defense and any negotiations to settle the claim. Within 10 days after receiving written notice of the indemnification request, Contractor /Supplier must advise the County as to whether or not it will defend the claim. If Contractor /Supplier does not assume the defense, the County shall assume and control the defense, and all defense expenses constitute an indemnification loss. Vol. 11f,0 6 pg. 4.3.2 Continued Participation. If Contractor /Supplier elects to defend the claim, the County may retain separate counsel to participate in (but not control) the defense and to participate in (but not control) any settlement negotiations. Contractor /Supplier may settle the claim without the consent or agreement of the County, unless it (i) would result in injunctive relief or other equitable remedies or otherwise require the County to comply with restrictions or limitations that adversely affect the County, (ii) would require the County to pay amounts that Contractor /Supplier does not fund in full, (iii) would not result in the County's full and complete release from all liability to the plaintiffs or claimants who are parties to or otherwise bound by the settlement. 5.0 INSURANCE 5.1 Contractor /Supplier shall maintain in effect certain insurance coverage and shall furnish certificates of insurance, in duplicate form, before beginning its performance under this Agreement. All policies except Professional Liability and Workers' Compensation must name the County as an additional insured. The issuer of any policy (1) shall have a, Certificate of Authority to transact insurance business in Texas or (2) shall be an eligible non - admitted insurer in the State of Texas and have a Best's rating of at least B+ and a Best's Financial Size Category of Class VI or better, according to the most current edition Best's Key Rating Guide. Contractor shall maintain the following insurance coverage in the following amounts: 5.1.1 Commercial General Liability insurance including Contractual Liability insurance: $500,000 per occurrence; $500,000 aggregate 5.1.2 Automobile Liability insurance $500,000 combined single limit per occurrence Defense costs are excluded from the face amount of the policy Aggregate Limits are per 12- month policy period unless otherwise indicated 5.1.3 Employer's Liability Bodily injury by accident $100,000 (each accident) Bodily injury by disease $100,000 (policy limit) Bodily injury by disease $100,000 (each employee) Vol. o p o?a 3 5.2 All insurance polices must require on their face, or by endorsement, that the insurance carver waives any rights of subrogation against the County, and that it shall give 30 days written notice to the County before they may be canceled. Within the 30 day period, Contractor shall provide other suitable policies in lieu of those about to be canceled, materially changed, or non - renewed so as to maintain in effect the required coverage. If Contractor does not comply with this requirement, the County, at its sole discretion, may: 5.2.1 Immediately suspend Contractor from any further performance under this Agreement and begin procedures to terminate for default. 6.0 WARRANTIES 6.1 Contractor represents and warrants that it shall perform all work in a good and workmanlike manner, meeting the standards of quality prevailing in Brazos County, Texas for work of this kind. Contractor shall perform all work using trained and skilled persons having substantial experience performing the work required under this Agreement. 7.0 LICENSES AND PERVIITS 7.1 Contractor shall obtain and pay for all licenses, permits, and certificates required by any statute, ordinance, rule, or regulation. 8.0 CONTRACTOR'S PERFORNVIANCE 8.1 Contractor shall make citizen satisfaction a priority in providing services under this Agreement. Contractor shall train its employees to be customer service- oriented and to positively and politely interact with citizens when performing contract services. Contractor's employees shall be clean, courteous, efficient, and neat in appearance and committed to offering the highest quality of service to the public. If, in the County's opinion, Contractor is not interacting in a positive and polite manner with citizens, the County's appointed agent shall Vol. 1 O O Pg. direct Contractor to take all remedial steps to conform to these standards. 9.0 PAYMENT OF EMPLOYEES 9.1 Contractor shall make timely payments in accordance with applicable state and federal law to all persons and entities supplying labor, materials or equipment for the performance of this Agreement including Contractor's employees. 9.2 Failure of Contractor to pay its employees as required by law shall constitute a default under this contract 9.3 Contractor shall defend and indemnify the County from any claims or liability arising out of Contractors failure to pay its employees or subcontractors as required by law. III. DUTIES OF COUNTY 1.0 PAYMENT TERMS 1.1 The County shall pay and Contractor shall accept fees provided in Exhibit "C" for all services rendered and the Deliverables furnished by Contractor.. The fees must only be paid from Allocated Funds, as provided below. 2.0 TAXES 2.1 The County is exempt from payment of Federal Excise and Transportation Tax and Texas Limited Sales and Use Tax. Contractor's invoices to the County must not contain assessments of any of these taxes. The County will furnish it's exemption certificate and federal tax identification number to Contractor if requested. 3.0 METHOD OF PAY PAYMENT 3.1 The County shall pay Contractor on the basis of invoices submitted by Contractor and approved by the County Auditor, showing the specific tasks completed in the preceding month and the corresponding prices. The County shall make payments to Contractor V0 I. 1(� a 9 pg. a a 5 at its address for notices within 30 days of receipt of an approved invoice. 4.0 METHOD OF PAYMENT - DISPUTED PAYMENTS 4.1 If the County disputes any items in an invoice Contractor submits for any reason, including lack of supporting documentation, the County Auditor shall temporarily delete the disputed item and pay the remainder of the invoice. The County Auditor shall promptly notify Contractor of the dispute and request remedial action. After the dispute is settled, Contractor shall include the disputed amount on a subsequent regularly scheduled invoice or on a special invoice for the disputed item only. 5.0 LIbIIT OF APPROPRIATION 5.1 The County's duty to pay money to Contractor under this Agreement is limited in its entirety by the provisions of this Section. 5.2 In order to comply with constitutional mandates, the County has appropriated and allocated the sum of referenced and incorporated herein to pay money due under this Agreement (the "Original Allocation "). The executive and legislative officers, of the County, in their discretion, may allocate supplemental funds for this Agreement, but they are not obligated to do so. Therefore, the parties have agreed to the following procedures and remedies: 5.3 The County makes a supplemental allocation by sending a notice signed by the Budget Officer and the County Auditor to Contractor and where appropriated, approved by motion, or ordinance of Commissioners Court in substantially the following form: "NOTICE OF SUPPLEMENTAL ALLOCATION OF FUNDS" TO: [Name of Contractor] FROM: Brazos County, Texas (the "County ") DATE: [Date of notice] SUBJECT: Supplemental allocation of funds for the purpose of the "[title of this Agreement)" between the County and (name of Contractor) 10 Vol. O P a2a I, Katie Conner, County Auditor, certify that the supplemental sum of S , upon the request of the below - signed Budget Officer, has been allocated for the purposes of the Agreement out of funds appropriated for this purpose by the Commissioners Court. This supplemental allocation has been charged to such appropriation. The aggregate of all sums allocated for the purpose of such Agreement, including the Original Allocation, and all supplemental allocations (including this one), as of the date of this notice, is $ SIGNED: Katie Conner, County Auditor REQUESTED: Irene Jett, Budget Officer 5.4 The Original Allocation plus all supplemental allocations are the Allocated Funds. The County shall never be obligated to pay any money under this Agreement in excess of the Allocated Funds. Contractor must assure itself that sufficient allocations have been made to pay for services it provides. If Allocated Funds are exhausted, Contractor's only remedy is suspension or termination of its performance under this Agreement and it has no other remedy in law or in equity against the County and no right to damages of any kind. 6.0 CHANGES 6.1 At any time during the Agreement Term, the County Purchasing Agent may issue a Change Order to increase or decrease the scope of services or change plans and specifications, as he or she may find necessary to accomplish the general purposes of this Agreement. Contractor shall furnish the services or deliverables in the Change Order in accordance with the requirements of this Agreement plus any special provisions, specifications, or special instructions issued to execute the extra work. 6.2 The County Purchasing Agent will issue the Change Order in substantially the following form: CHANGE ORDER Vol. (0 0 11 Pg a a� 1 TO: [Name of Contractor] FROM: Brazos County (the "County ") DATE: [Date of Notice] SUBJECT: Change Order under the Agreement between the County and [Name of Contractor] lw\ ix • / &012 p 0 � L vot. g� Subject to all terms and conditions of the Agreement, the County requests that Contractor provide the following: [Here describe the additions to or changes to the equipment or services and the Change Order Charges applicable to each.] Signed: [Signature of County Purchasing Agent] 6.3 The County may issue more than one Change Order, subject to the following limitations: 6.3.1 Commissioners Court expressly authorizes the County Purchasing Agent to approve a Change Order of up to 10% of the contract amount. A Change Order of more than 10 % over the approved contract amount must be approved by the Commissioners Court. 6.3.2 If a Change Order describes items that Contractor is otherwise required to provide under this Agreement, the County is not obligated to pay any additional money to Contractor. 6.3.3 The total of all Change Orders issued under this section may not increase the Original Agreement amount by more than 25 %. 6.4 Whenever Contractor receives a Change Order, Contractor shall furnish all material, equipment, and personnel necessary to perform the work described in the Change Order. Contractor shall complete the work within the time prescribed. If no time for completion is prescribed, Contractor shall complete the work within a reasonable time. If the work described in any Change Order causes an unavoidable delay in any other work Contractor is required to perform under this Agreement, Contractor may request a time extension for the completion of the work. The County's decision regarding a time extension is final. Vol. / 6 0 P ��: 6.5 A product or service provided under a Change Order is subject to inspection, acceptance, or rejection in the same manner as the work described in the Original Agreement, and is subject to the terms and conditions of the Original Agreement as if it had originally been a part of the Agreement. 6.6 Change Orders are subject to the Allocated Funds provisions of this Agreement. IV. TERM AND TERNIINATION 1.0 CONTRACT TERM 1.1 This Agreement is effective on the Countersignature Date and expires two (2) years after such date unless sooner terminated according to the terms of this Agreement. 2.0 RENEWALS 2.1 Upon expiration of the Initial Term, and so long as the County makes sufficient supplemental allocations, this Agreement will be automatically renewed for two successive one -year terms on the same terms and conditions. If the Commissioners Court elects not to renew this Agreement, the County shall notify Contractor in writing of the nonrenewal at least 30 days before the expiration of the then current term of this agreement. 3.0 TIiV1E EXTENSIONS 3.1 If Department requests an extension of time to complete its performance, then the County may, in its sole discretion, extend the time so long as the extension does not exceed 90 days. The extension must be in writing but does not require amendment of this Agreement. Contractor is not entitled to damages for delay(s). regardless of the cause of the delay(s). V01. 16 o14 Pg. p2,30 4.0 TERMINATION FOR CONVENIENCE BY COUNTY 4.1 The County may terminate this Agreement at any time by giving 30 days written notice to Contractor. The County's right to terminate this Agreement for convenience is cumulative of all rights and remedies, which exist now or in the future. 4.2 On receiving the notice, Contractor shall, unless the notice directs otherwise, immediately discontinue all services under this Agreement and cancel all existing orders and subcontracts that are chargeable to this Agreement. As soon as practicable after receiving the termination notice, Contractor shall submit an invoice showing in detail the services performed under this Agreement up to the termination date. The County shall then pay the fees to Contractor for services actually performed, but not already paid for, in the same manner as prescribed in Section Ili unless the fees exceed the allocated funds remaining under this Agreement. 4.3 Termination of this agreement and receipt of'payment for services rendered are Contractor's only remedies for the County's termination for convenience, which does not constitute a default or breach of this agreement. Contractor waives any claim (other than its claim for payment as specified in this section). It may have now or in the future for financial losses or other damages resulting from the county's termination for convenience. 5.0 TERMQNATION FOR CAUSE BY COUNTY 5.1 If Contractor defaults under this Agreement, the County may either terminate this Agreement or allow Contractor to cure the default as provided below. The County's right to terminate this Agreement for Contractor's default is cumulative of all rights and remedies, which exist now or in the future. Default by Contractor occurs if. 5.1.1 Contractor fails to perform any of its duties under this Agreement; 5.1.2 Contractor becomes insolvent; 5.1.3 All or a substantial part of Contractor's assets are assigned for the benefit of its creditors; or 6o 1s Vol. Pg. 5.1.4 A receiver or trustee is appointed for Contractor. 5.2 If a default occurs, the County may, but is not obligated to, deliver a written notice to Contractor describing the default and the termination date. The County, at its sole option, may extend the termination date to a later date. If the County allows Contractor to cure the default and Contractor does so to the County's satisfaction before the termination date, then the termination is ineffective. If Contractor does not cure the default before the termination date, then the County may terminate this Agreement on the termination date, at no further obligation of the County. 5.3 To effect final termination, the County must notify Contractor in writing. After receiving the notice, Contractor shall, unless the notice directs otherwise, immediately discontinue all services under this Agreement, and promptly cancel all orders or subcontracts chargeable to this Agreement. 6.0 TERMINATION FOR CAUSE BY CONTRACTOR 6.1 Contractor may terminate its performance under this Agreement only if the County defaults and fails to cure the default after receiving written notice of it. Default by the County occurs if the County fails to perform one or more of its material duties under this Agreement. if a default occurs and Contractor wishes to terminate the Agreement, then Contractor must deliver a written notice to the County Judge describing the default and the proposed termination date. 6.2 The date must be at least 30 days after the County receives notice. Contractor, at its sole option, may extend the proposed termination date to a later date. If the County cures the default before the proposed termination date, then the proposed termination is ineffective. If the County does not cure the default before the proposed termination date, then Contractor may terminate its performance under this Agreement on the termination date. Vol.— b Pg. 02-3 V. MISCELLANEOUS 1.0 INDEPENDENT CONTRACTOR 1.1 Contractor shall perform its obligations under this Agreement as an independent contractor and not as an employee of the County. 2.0 FORCE MAJEURE 2.1 Timely performance by both parties is essential to this Agreement. However, neither party is liable for delays or other failures to perform its obligations under this Agreement to the extent the delay or failure is caused by Force Majeure. Force Majeure means fires, floods, explosions, and other acts of God, war, terrorist acts, riots, court orders, and the acts of superior governmental or military authority. 2.2 This relief is not applicable unless the affected party does the following: 2.2.1 Uses due diligence to remove the Force Majeure as quickly as possible, and 2.2.2 Provides the other party with prompt written notice of the cause and its anticipated effect. 2.3 The County may perform contract functions itself or contract them out during periods of Force Majeure. Such performance does not constitute a default or breach of this Agreement by the County. 2.4 If the Force Majeure continues for more than 30 days, the County may terminate this Agreement by giving 30 days written notice to Contractor. This termination is not a default or breach of this Agreement. Contractor waives any claim it may have for financial losses or other damages resulting from the termination except for amounts due under the agreement at the time of the termination. 3.0 SEVER4BILITY 3.1 If any part of this Agreement is for any reason found to be unenforceable, all other parts remain enforceable unless the result materially prejudices either party. 17 Vol. _ Pg. 4.0 ENTIRE AGREEMENT 4.1 This Agreement merges the prior negotiations and understandings of the Parties and embodies the entire agreement of the Parties. No other agreements, assurances, conditions, covenants (express or implied), or other terms of any kind exist between the Parties regarding this Agreement. 5.0 WRITTEN AMENDMENT 5.1 Unless otherwise specified elsewhere in this Agreement, this Agreement may be amended only by written instrument executed on behalf of the County and Contractor. 6.0 APPLICABLE LAWS 6.1 This Agreement is subject to the laws of the State of Texas, the County regulations, the laws of the federal government of the United States, and all rules and regulations of any regulatory body or officer having jurisdiction. 6.2 Venue for any litigation relating to this Agreement is Brazos County, Texas. 7.0 NOTICES 7.1 All notices required or permitted by this Agreement must be in writing and are deemed delivered on the earlier of the date actually received or the third day following: (1) deposit in a United States Postal Service post office or receptacle; (2) with proper postage (certified mail, return receipt requested); and (3) addressed to the other party at the address set out in the preamble of this Agreement or at such other address as the receiving party designates by proper notice to the sending party. 18 vol. pg. a23 8.0 NON- WAIVER 8.1 If either party fails to require the other to perform a term of this Agreement, that failure does not prevent the party from later enforcing that term and all other terms. If either party waives the other's breach of a term, that waiver does not waive a later breach of this Agreement. 8.2 An approval by the County or it's agent, of any part of Contractor's performance does not waive compliance with this Agreement or establish a standard of performance other than that required by this Agreement and by law. 9.0 INSPECTIONS AND AUDITS 9.1 County representatives may perform, or have performed, (1) audits of Contractor's books and records, and (2) inspections of all places where work is undertaken in connection with this Agreement. Contractor shall keep its books and records available for this purpose for at least Eighteen (18) Months after this Agreement terminates. This provision does not affect the applicable statute of limitations. 10.0 ENFORCEMENT 10.1 The County Attorney or his or her designee may enforce all legal rights and obligations under this Agreement without further authorization. Contractor shall provide to the County Attorney all documents and records that the County Attorney requests to assist in determining Contractor's compliance with this Agreement, with the exception of those documents made confidential by federal or State law or regulation. 11.0 AMBIGUITIES 11.1 If any term of this Agreement is ambiguous, it shall not be construed for or against any party on the basis the party did or did not write it. 19 Vol. —L-o_- Pg. a �5 12.0 SURVIVAL 12.1 Contractor shall remain obligated to the County under all clauses of this Agreement that expressly or by their nature extend beyond the expiration or termination of this Agreement, including but not limited to, the indemnity provisions. 13.0 PARTIES IN INTEREST 13.1 This Agreement does not bestow any rights upon any third party, but binds and benefits the County and Contractor only. 14.0 SUCCESSORS AND ASSIGNS 14.1 This Agreement binds and benefits the Parties and their legal successors and permitted assigns; however, this provision does not alter the restrictions on assignment and disposal of assets set out in the following paragraph. This Agreement does not create any personal liability on the part of any officer or agent of the County. 15.0 BUSINESS STRUCTURE AND ASSIGNMENTS 15.1 Contractor shall not assign this Agreement at law or otherwise or o f its assets without the County's prior written consent. Nothing in this clause, however, prevents. the assignment of accounts receivable or the creation of a security interest under Section 9.406(c) of the Texas Business & Commerce Code. In the case of such an assignment, Contractor shall immediately furnish the County with proof of the assignment and the name, telephone number, and address of the Assignee and a clear identification of the fees to be paid to the Assignee. 15.2 Contractor shall not delegate any portion of its performance under this Agreement without the County's prior written consent. 4 1 20 Vol. © Pg �� 16.0 REMEDIES CUMULATIVE 16.1 Unless otherwise specified elsewhere in this Agreement, the rights and remedies contained in this Agreement are not exclusive, but are cumulative of all rights and remedies which exist now or in the future. Neither party may terminate its duties under this Agreement except in accordance with its provisions. 6 18.0 ADDITIONS & DELETIONS 18.1 The County, by written notice from the County to the Contractor, at any time during the term of this contract, may add or delete like or similar equipment, locations and/or services to the list of equipment, locations and/or services to be performed. Any such written notice shall take effect on the date stated in the notice from the County. Equipment locations and/or services added will be subject to the contract services and charges or rates as an item already specified in the fee schedule. In the event the additional equipment, locations and/or service is not identical to any item already under contract, the charges therefore will then be the Contractor's normal and customary charges or rates for the equipment, locations and/or services classified in the fee schedule. 21 37 Vol._(- Pg.-- Signed by the below on the dates provided: Brazos County Information Management Solutions, L.L.C. By: By: 1 Randy Si s, County Judge Name: , nS (k(I7 Title: VC Federal Tax ID Number 7 � - X (,6 Date: "j lo Lt 7 ) Date: / J Attest/Seal: Le. Karen McQueen, Cou Clerk Vol. it 22 p 23 / \�� EXHIBIT A DEFINITIONS As used in this Agreement, the following terns have the meanings set out below "Agreement" means this contract between the Parties, including all exhibits, change orders, and any written amendments authorized by the County and Contractor. "County" is defined in the preamble of this Agreement and includes its successors and assigns. "Contractor" is defined in the preamble of this Agreement and includes its successors and assigns. "Effective Date" is defined as the date the Contract Term begins. "Governing Body" means the Brazos County Commissioners Court. "Notice to Proceed" means a written communication from the County Purchasing Agent to Contractor instructing Contractor to begin performance. "Parties" mean all the entities set out in the Preamble who are bound by this Agreement. � VE {y4 L < n u , 23 V Vol. o pg, /\ EXHIBIT B SCOPE OF SERVICES 1.0 SCOPE OF WORK Contractor shall prepare, print, and deliver jury notices and other required inserts, as well as update or correct addresses as more fully described below. 2.0 RECEIPT OF JURY LISTS 2.1 Contractor will be provided with a list of registered voters and individuals with drivers' licenses ( "potential jurors ") by Brazos County Jury Services for each mailing. 2.2 Contractor shall process the list to ensure that all prospective jurors have the most current correct address by updating their provided addresses through the United States Postal Service National Change of Address (NCOA) and to filter out addresses with zip codes outside the voting precincts of Brazos County. Contractor shall mail summonses to this processed and filtered list. 3.0 USE OF JURY LISTS 3.1 Contractor shall be responsible for all preparation, printing, handling, mailing in letter form, and postage of all jury summonses and any additional inserts as required. 3.2 Contractor shall be provided on an ad hoe basis a list of potential jurors to summon. The number of potential jurors provided with each batch will be determined by Brazos County as needed- 3 .3 Contractor shall process each batch as received and mail the summonses to the potential jurors upon Brazos County's review and approval. 4.0 PREPARATION AND DELIVERY OF JURY SUMMONSES 4.1 Contractor shalt laser imprint and mail Jury Summonses in the form determined by the County. 4.2 Currently on an 8 -1/2" by 11" paper, Contractor shall print variable data on one side and static data on the backside. The pieces then are folded and stuffed into Contractor provided #10 envelopes and mailed'. 24 L L^ Vol. D Pg. ' T (J 4.3 Jury Summons Contractor shall comply with all Texas statutes and/or directives given by Brazos County Jury Services or Brazos County District. Clerk. 4.3.1 Contractor shall simplex laser imprint static text as provided by Brazos County on the back page of the summons on uncoated 20# paper. The front page of the summons shall be printed in variable data. The Contractor will merge the list of potential jurors using a template provided by Brazos County. Contractor will provide a live, representative data sample to Brazos County Jury Services for approval prior to the printing of each batch. Additionally, Contractor will fold, seal, and insert individual units to meet U.S. Postal Service automated specifications. Contractor will sort the mail for maximum postage discounts and deliver the mail to the LISPS. Contractor must be able to accept the data via the following methods: Internet (email, FTP, or similar) CD -ROM 4.3.2 Contractor will respond with a data file representing the outcome of each record: whether the summons was mailed, where the summons was mailed (if the address was updated via NCOA), and related information. 4.3.3 Contractor shall simplex laser print single - window 41:0 envelopes with return address information and a notice in red as provided in design by Brazos County. 4.3.4 Contractor must have secure computer terminals and the ability to read the necessary computer software as instructed by the County (without charge). Contractor will update addresses with the National Change of Address (NCOA) data. Contractor will CASS certify, and apply Postnet Zip - plus -4 barcoding. Contractor must maintain a supply of summons stock and envelopes at its location. Reprinting stock requires the County's prior approval. 4.4 Information contained on the summonses may include: 4.4.1 Juror Number, 4.4.2 Name and Address, 4.4.3 Online login and appearance details, i Vol. o' pg. a 4.4.4 Explanation of the citizen's rights and eligibility requirements, 4.4.5 Explanation of rules governing exemption and disqualification, 4.4.6 Contact information, 4.4.7 Code three (3) of nine (9) bar code (black laser ink). 5.0 TECHNICAL AND OTHER REQUIREMENTS The Contractor shall ensure that the Jury System accommodates the following technology requirements. 5.1 Juror data files provided by Brazos County to the Contractor will be in a fixed -width or delimited file (such as a CSV). The data response indicating whether each record was summoned and containing the updated addresses shall be returned by the Contractor to Brazos County in the same file type. 5.2 If required by the circumstances, all data shall be accessible to all authorized court and Contractor staff, and shall be protected from access by any unauthorized individuals. 5.3 The Contractor is hereby constrained by the Brazos County from selling or conveying any juror data to any entity other than the Brazos County or District courts, with the exception of any statutory requirements (e.g., open records requests). l[� 26 P Vol. EXHIBIT "C" FEES AND COSTS BRAZOS COUNTY PRINTING & MAILING JURY SUMMON SERVICE & PAPER SUPPLIES Ms offers agreements from 12 to 36 months during which time we guarantee our service prices will not be Increased. Should you want a 36 month agreement, your service prices would be protected unfll June, 2011 Prices for paper items are firm for one year from the commencement dale of an agreement. JURY WHEEL PROGRAMMING One Time Flat Rage Charge ') $190.00 We have reviewed the sample Jury pool address data file sent to us by Mr. Ian Scares in your Information Technology Department: We determined we can use the data in that file in its current format. Therefore, we.would only need to do two hours of programming, which would Integrate the data in the data file Into a'print file" format. We would also need to program a routine that will allow us to give back to you a list of addresses that were changed as a result of processing your mailing addresses through our CASS & PAVE and 19 Month NCOA program. We would flat rate theso two programming jobs at a total of $190.00. Should you request other programming in the future, our programming rate is $95.00 per hour. PRINTING AND SERVICES Brazos Jury Summonses Printing County & Services, Volum e Per Charge Extended Item Per Mrepralk onth Per Item Total Laaer Images: Print variable data and all st content In black toner on one side of a pinted form, which is described below In the 'paper su Iks' table. Assume 4 r week Summons 4,167 $0.035 $145.86 File Prccessln Summons 4 167 $0.010 $41.67 CASS 8 PAVE: Address and malt certification and presorting to provide the lowesl presort rate offered he USPS. dress 4 167 50 .025 S1D4.18 Foldln : Auto fold each summons pWr to Inserting. Summons 4 10,010 $41.67 Insarung: Auto Insert the summons In a No. 10 envel Summons 4 $0.010 $41.67 Total Monthly Sarvlcas 8 aV9. per lace 4187 $0.090 $375.03 Minimum Billing Rate: Please note that there Is a minimum billing charge of $50.00 per mailing, which would equal a mailing or 555 places of mall or less. /- 27 Vol. 1 � a pg. 2 BRAZOS COUNTY PAPER SUPPLIES Paper supplies are purchased In advance of their use. They are kept in an environmentally controlled warehouse of IIviS and used as required. IMS would notify Brazos County when the supply needs to be replenished. These prices are guaranteed for one year from the commencement date of an agreement. The following is an estimated of the total paper supplies needed for six months. Six V nth Supply volume Per Shc Charge Extended Item Per Months Per Item Total Jury Summons Form: Offset print static content Jury and form in black ink on 8.5'X11', 2001, white bond Summons p aper, Offset printed back side and red (0/1). Form 25 $0.018 $450.00 _ Envelope: Standard No. 10, single window (or double window) while envelope, diagonal seam, Fiexo printed on one side. Print two colors (red and black ) on the front of the envelope. Envelope 25 $0.0295 573750 Total Monthly Services &avg. p piece) $0.0475 $1,187.50 NOTE ABOUT ENVELOPES We prefer to use the double window 910 envelopes with an Inside security tint since we always keep them In stock for our customers. The following image is an example of the double window 910 envelope we always keep In stock. In addition to the Indica mark on the front,.IMS would print in red ink the text provided by the County on the front of each envelope. Therefore, the envelopes would have two colors, red and black, on the front. 1 28 a `� Vol. 1 6 0 Pg. BRAZOS COUNTY RETURN NCOA ADDRESS FILE RETURN AN ADDRESS FILE TO BRAZOS COUNTY of NCOA CORRECTED ADDRESSES IMS will process all addresses through the National Change of Address (NCOA) system managed by the United States Postal System (USPS). THE USPS provides address correction programs going back either 18 months or 48 months. IMS will process the addresses through the 18 month correction program for no additional charge. Although, should Brazos County require IMS to return a file to the County, which includes all addresses that were changed in the NCOA process, there would be a charge of $0.0100 per address for all addresses processed. The following is an example of.the charges to produce and return an address file for a typical month. /_ �,q ''llam� Vol. 1(0 6 pg. a'T✓ BRAZOS COUNTY ESTIAMTED POSTAGE POSTAGE Postage is paid in advance of mailing. The following is an estimate for the typical month. Est mated Volume Per Charge Extended Item Por Month Per Item Total Estimated Postage: It is expected that most pieces will weigh one ounce or less and be mailed Into Grams County from San Antonio, TX, The lowest presort rate available when using CASS 8 PAVE processing is about $0348, although, fur this estimate we estimate an overall rate of $0.355 per place. Note: First Class Postage lust increased by $0.020 per ounce beginning May 11, 2009. The cost One per place for pieces that do not quality far presort Ounce rates is the full rate of $0.440 each. Mail Place 4,167 $0.3550 $1479.29 L 30 ' V01. ® Pg. w W Z 2 Q N W r J o a U J O a W Q �2 O N S ONO F � O 0 Q r N d' LLJ N W Lu U TN m a Z J LL O m � O m (L a Z Q O z H O H z W O X IL w U) Z I u m E 0 x °° m LO w N nc er` ° L LL `m w w la w w w w w x m m 0 0 T m 3 Z m U r m f 0 0 0 0 O O O O ° U to to N t° N h N 0 w w w w w w w w 0 m C m to L Z U .: My H O O y V V Z . w Vi w w O u 'v m O O. r v c � O m V O m • E � x 0 W � T u m 3 a 0 o a 0• D -M " c CL c w ~ O ;. m O U L = v r m >> m 0 - O w 0 o 0 CD E:. . 3 d 0° E m -0 U U o c U U o m U m m ci m - A rn LL 2 r 2 u_ J m 1-- W m F O W 2, O S w W z U. LL S W J J_ x O C4 a m 3 Q m E m x w m U m 0 m 6 H L_ C O 0 IS O c 0 0 a d CD G O r Vol. ' 6 Q Pg. o [ ) e. _ Brazos County Purchasing Departme 200 SOUTH TEXAS AVE SUITE 352 BRYAN, TX 77803 PHONE (979) 361 -4290 FAX (979) 361 -4293 Charles Wendt, Purchasing Agent Tiffany West, Buyer April 11, 2012 Hillier Funeral Home 2301 E. 29 St. Bryan, TX 77802 Leslie Williams, Asst. Purchasing Agent Phone: 281- 883 -9084 Fax: Email: kyle .incardonargcarriageservices.com Attn: Kyle Incardona Re: Extension of Contract for Transportation of Deceased — 2011-21R Brazos County appreciates the quality work your company has provided and would like to exercise an extension option for Transportation of Deceased— 2011 -21R previously known as 2010 -24. All terms, conditions, and pricing shall remain the same. This extension will start April 15, 2012 through April 30, 1012 To accept the extension option, please fill out the information and sign below. Return the signed documents by email to lilliams@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 passible. If you have any questions, I may be reached. at (979) 361 4294. Contact Name; ky, . 1 -. TvreAr Telephone: /-S—'7 / E - Mail: k Fax: a79 ,3A HILLIER FUNERAL HOME 5 � Authorized Signature RAZO CO N \ TY G ' Duane Peters, County Judge Vol— 66 , Date q_ 1�f Date PEY `� 8 BID 2010 -24 A+ TRANSPORTATION OF DECEASED TO MEDICAL EXAMINER February 10, 2010 through February 14, 2011 BRAZOS COUNTY PURCHASING OFFICE Brazos County Administration Bldg. 200 So. Texas Ave., Ste. 352 Bid Request No.2010 -24k Bryan, Texas 77803 Page 1 of 5 pages Telephone (979) 361 -4291 Bids will be received at the Brazos County Purchasing Office until 2:00 p.m. ,Tuesday, February 2 2010 and publicly opened and read aloud at that time in the Brazos County Purchasing Department, Suite 352, Brazos County Administration Building, 200 South Texas Ave., Bryan, Texas. A. SCOPE OF BID Bids are solicited for service of transporting deceased from Brazos County to Bexar County, Travis County or Montgomery County Medical Examiners. The bid request is for a period beginning February 15, 2010 through February 14, 2011 with an option to renew one year at a time, not to exceed four years, 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 Department, unless otherwise specified elsewhere in this bid request. All bidders are required to be informed of these Terms and Conditions and will be held responsible for having done so: Definitions: In order to simplify the language throughout this bid, the following definitions shall apply: a. BRAZOS COUNTY - Same as County. b. COMMISSIONERS' COURT - The elected officials of Brazos County, Texas given the authority to exercise such powers and jurisdiction of all county business as conferred by the State Constitution and Laws. C. CONTRACT - An agreement between the County and a Supplier to furnish supplies and/or services over a designated period of time during which repeated purchases are made of the commodity specified. d. CONTRACTOR - The successful Bidder(s) of this bid request. e. COUNTY - The government of Brazos County, Texas and its authorized representatives. 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. 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. Vol. a pg. 0 Z ' Lq Bid o dnuaiion ee — — — =pfd F�eque�s 71a ZD70 -Z� BRAZOS COUNTY, TEXAS Page 2 of 5 pages 4. The County reserves the right to accept or reject in part or in whole, anybids 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. Brazos County reserves the right to reject any bid that does not fully respond to each specified item. Bidder must include Proper signature, employer identification number or social security number for the bid to be valid 8. Should there be a change in ownership or management, the contract could 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. 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. 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. 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, 13. 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. 14. Bids must show full firm name, mailing address and telephone number and be manually signed by an authorized representative of the bidder, Firm name and authorized signature shall appear in each space provided. 15. It is our policy not to furnish bid results over the phone. For information regarding bid tabulations, please refer to the Brazos County Website (www.co.brazos.tx.us) to Department, to Purchasing, and to Bid Tabulation Sheet under Purchasing Menu. The results of this bid will be published on the website after Commissioner's Court approval. 16. Brazos County reserves the right to extend this contract for an additional three ( 3 ) years, one year at a time, if all parties agree and there are no changes to the terms and conditions of this contract. Vol. I to p C25D BPtl`L�sntirTiratiorTSheet -- _�� _��- — - ------ �Btd= RequestYda:�016= �4- - -�— BRAZOS COUNTY, TEXAS Page 3 of 5 pages 17. Successful vendor agrees to extend prices and terms to all entities who have entered or will enter into joint purchasing inter -local cooperation agreements(s) with Brazos County. C. SPECIFICATIONS Brazos County has a need for transportation of dead bodies to and from the Medical Examiner's Office in either Bexar, Travis, or Montgomery County. Below are the specifications required: 1. Due to the need for the vendor to be on the road within 15 minutes of notification and arrival at the scene no later than 30 -45 minutes after notification for "non - hospital" deaths, it is required that the Vendor have a location in the Bryan - College Station area. 2. Transportation from place of death, morgue or funeral home to Bexar County Medical Examiner's Office in San Antonio(approximately 168.5 mites), the Travis County Medical Examiner's Office in Austin, TX (approximately 130 miles); or the Southwest Texas Forensic Center in Conroe, TX. (approximately 90 miles) 3. A twelve hour turnaround lime to retrieve body from Bexar County, Travis County or Montgomery County when called by Medical Examiner's Office. 4. Any variation from these specifications must be indicated on the Bid or on a separate attachment to the Bid. The sheet shall be labeled as such. D. INSURANCE The Vendor shall not commence with work under this contract until it has obtained the insurance required under this contract. All coverage shall be with insurance carriers licensed and admitted to do business in the State of Texas. All coverage shall be with carriers acceptable to Brazos County. Workers' Compensation Insurance The Vendor shall procure and maintain during the life of this contract, Workers' Compensation Insurance, including Employers Liability Coverage, in accordance with all applicable statutes of the State of Texas. 2. Commercial General Liability Insurance The Vendor shall procure and maintain during the life of this contract, Commercial General Liability Insurance on an "Occurrence Basis" with limits of liability not less than $500,000 per occurrence and /or aggregate combined single limit, Personal Injury, Bodily Injury and Property Damage. Coverage shall include the following extensions: (A) Contractual Liability; (B) Products and Completed Operations; (C) Independent Contractors Coverage; (D) Broad Form General Liability Extensions or equivalent; (E) Per contract aggregate. 3. Motor Vehicle Liability The Vendor shall procure and maintain during the life of this contract, Motor Vehicle Liability Insurance, with limits of liability of not less than $500,000 per occurrence combined single limit Bodily Injury and Property Damage. Coverage shall include all owned vehicles, all non -owned vehicles, and all hired vehicles. Vol. 00 Pg• a 1 – BidturRinuation — z__ ___. _.._ ^__ Sid'RegnestNo — BRAZOS COUNTY, TEXAS Page 4 of 5 pages 4. Additional Insured The following shall be Additional Insureds: Brazos County, including all elected and appointed officials, all employees and volunteers, all boards, commissions and /or authorities and their board members, employees, and volunteers. This coverage shall be primary to the Additional Insureds, and not contributing with any other insurance or similar protection available to the Additional Insureds, whether other available coverage be primary, contributing or excess." 5. Cancellation Notice Workers' Compensation Insurance, Commercial General Liability Insurance and Motor Vehicle Liability Insurance, as described above, shall include an endorsement stating the following: "Sixty (60) days Advance Written Notice of Cancellation or Non - Renewal shall be sent to: (Specific Person, Name and Address of Entity)." Proof of Insurance Coverage The Contractor shall provide Brazos County at the time the contracts are returned for execution, Certificates of Insurance and/or policies, acceptable to Brazos County, as listed below: (a) Two (2) copies of Certificate of Insurance for Workers' Compensation Insurance; (b) Two (2) copies of Certificate of Insurance for Commercial General Liability.lnsurance; (c) Two (2) copies of Certificate of Insurance for Vehicle Liability Insurance; (d) If so requested, Certified Copies of all policies will be furnished. Continuation of Coverage If any of the above coverage expire during the term of this contract, the contractor shall deliver renewal certificates and/or policies to Brazos County at least ten (10) days prior to the expiration date. 8. For questions concerning insurance, please contact Bill Jeans, Brazos County Risk Manager at 979/361 -4246. E. QUOTATIONS (This section must be completed in its entirety.) 1. First Call (Pick Up) $ 125.00 a. If you transport a body to a Medical Examiner you can not charge for first call. 2. Loaded round trip to Medical Examiner in: a. If the body will be ready in a reasonable time (3 to 4 hours), you must charge for only one loaded round trip. 1. Bexar County $ 485.00 2. Travis County $ 385.00 3. Montgomery County $ 385.00 Vol. 1 60 Pg a5a °13i6=19ontinuatien-Sheet= -- - - __ BRAZOS COUNTY, TEXAS — ltd RePage 5 5 o f 5 p a ag _° Page of 5 pages 3. One way loadedlone way unloaded round trip to Medical Examiner in: a. This occurs when the Medical Examiner has to keep the body for several days and you have to make two trips. 1. Sexar County g 485.09 2. Travis County 3. Montgomery County 4. Disaster Pouch (if needed) CERTIFICATION OF BID $ 385.00 385.00 $ 100.00 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 Title: Managing Partner Typed Name: Kyle S. Incardona Carriage Management, L.P. d /b /a Company Name: H illier Funeral Home Phone No. 979 - 822 -1571 Mailing Address: 2301 E. 29th St. Br TX 77802 P. 0. Box or Street City State Zip Employer Identification Number: 76- 03399222 Social Security Number: CORPORATE SEAL IF SUBMITTED BY A CORPORATION END OF BID REQUEST NO. 2010-24 V01. I ( ) Pg. �2 S 3 N'b�ll MORG : >N Appendix II: Certification of Proposal The undersigned affirms that they are duly authorized to execute this Proposal, that this Proposal has not been prepared in col ion with any other Contractor, and that the contents of this Proposal have not been communicated to any other Cont for prior to the official opening. Signed By: Typed Name: ve Company Name: Mitchell & Morgan, LLP Phone No. (979) 260 -6963 511 University Drive East, Suite 204, College Station, Texas 77640 Mailing Address: _ P.O. Box or Street City State Zip Employer Identification Number: Social Security Number N/A 74- 2926412 CORPORATE SEAL IF SUBMITTED BY A CORPORATION END,OF REQUEST FOR PROPOSAL NO. 2012-01 I By signing below, Brazos County agrees that this RFQ 2012 -0$ will be awarded to the vendor whose name appears above and both parties agree to the terms and conditions contained herein. By ' V wy, Rk(. ) l 00 Brazos County Commissioner's Court Attest: 46 Brazos County Brazos County Pendleton Drive Property- Engineer RFQ Vol. J.(I. Morgan, PE, CFM Title: Managing Partner d 6-o P a 5 'l P a g e I Appendix II BRAZOS COUNTY ENGINEERING PROFESSIONAL SERVICES CONTRACT This Contract is between the Brazos County, Texas, ( "the County") and Mitchell &Morgan, L•L r-(the "Engineer "), whereby the Engineer agrees to provide the County with certain professional services as described herein and the County agrees to pay the Engineer for those services. ARTICLE I Scope of Services 1.01 In consideration of the compensation stated in paragraph 2.01, the Engineer agrees to provide the County with the professional services as described in Exhibit "A ", ( "Scope of Services" or "Engineering Services "), which is incorporated herein by reference for all purposes, and which services may be more generally described as follows: Brazos County Tax Office Complex ( "Project "). ARTICLE 11 Payment 2.01 In consideration of the Engineer's provision of the Engineering Services in compliance with all terms and conditions of this contract, the County shall pay the Engineer according to the terms set forth in Exhibit "B ". Except in the event of a duly authorized change order, approved by the County as provided in this Contract, the total cost of all Engineering Services provided under this contract may not exceed $113,555. - Dollars. ARTICLE III Performance and Costs 3.01 The Engineer shall exercise a degree of care and diligence in the performance of all services under this Contract in accordance with the professional standards prevailing among Engineers (skilled in design of projects of similar scope) in the location in which the Engineer practices or Brazos County, Texas, whichever area displays the higher standard.All Engineering Services shall be performed as expeditiously as is consistent with said standards and the orderly progress of the work. 3.02 Time is of the essence of this Contract. The Engineer shall be prepared to provide the Engineering Services in the most expedient and efficient manner possible in order to complete the work in a timely manner. Promptly after the execution of this Contract, the Engineer shall prepare and submit for County approval, a detailed �( ,`l� P - VOI. / V g� Page 1 schedule, ( "Engineer's Schedule ") for the performance of the Engineering Services. The Engineer's Schedule shall include allowances for periods of time required for the County's review and for approval of submissions by authorities having jurisdiction over the Project. The time limits established by this schedule over which Engineer has control shall not be exceeded without written approval from the Commissioner's Court or their designee. 3.03 The Engineering Services consist of all of the services required to be performed by the Engineer, Engineer employees and Engineer consultants under the terms of this Contract. Such services include normal civil engineering services, and any other design services that are normally or customarily furnished and reasonably necessary for the Project. The Engineer shall contract and employ, at his expense, consultants necessary for the design of the Project, and such consultants shall be licensed as required by the State of Texas and approved in writing by the County. 3.04 The Engineer shall designate a principal of the firm, acceptable to the County, who shall remain in charge of Professional Services through completion of the design and be available for general consultation throughout the Project. Any replacement of that principal shall be approved in writing by the County, prior to replacement. 3.05 The Engineer shall be responsible for the coordination of all drawings and design documents used on the Project. The Engineer shall also be responsible for the completeness and accuracy of all drawings and specifications, for their compliance with all applicable codes, ordinances, regulations, laws and statutes. ARTICLE IV Conceptual Design 4.01 Upon the Engineer's approval from Commissioner's Court, the Engineer shall meet with each department of the County that is included in the design of the Project for the purpose of determining the detailed nature of the Project. The County shall designate a representative to act as the contact person on behalf of the County. 4.02 The Engineer shall determine the County's needs with regard to the Project, including, but not limited to, tests, analyses, reports, site evaluations, needs surveys, comparisons. Engineers shall verify the observable existing conditions of the Project and verify any existing as -built drawings. The Engineer shall prepare a detailed design phase schedule which includes all review and approval periods during the schematic design, design development and construction document phases. 4.03 The Engineer shall prepare a conceptual design that shall include schematic layouts, surveys, sketches and exhibits demonstrating the considerations involved in the Project. The conceptual design shall contemplate compliance with all applicable Vol. Page 2 laws, statutes, ordinances, codes and regulations. Upon the County's request, the Engineer shall meet with the Commissioner's Court or appointed Committee to make a presentation of his or her report. ARTICLE V Preliminary Design 5.01 The County shall direct the Engineer to commence work on the Project design by approval of the Commissioner's Court. The Engineer shall meet with the County for the purpose of determining the extent of any revisions to the Conceptual Design. 5.02 The Engineer shall prepare the preliminary design of the Project, including, but not limited to, the preliminary drawings and specifications and other documents to fix and describe the character of the Project as to Engineer. The Engineer shall submit to the County a detailed design and estimate of the construction costs of the Project, based on current area, volume, or other unit costs. 5.03 Upon completion of the preliminary design of the Project, the Engineer shall meet with approved committee for Brazos County to make a presentation of the preliminary design of the Project. The Engineer shall provide an explanation of the preliminary design and cost estimate and shall verify that, to the best of Engineer's belief and if the Project requirements and construction can be completed within the project budget and schedule. ARTICLE VI Final Design 6.01 The County shall direct the Engineer to commence work on the final design of the Project by sending to the Engineer a "letter of authorization" to begin work on the final design phase of the Project. Upon receipt of the Letter of Authorization to proceed with final design of the Project, the Engineer shall immediately prepare the final design, including, but not limited to, the bid documents, contract, drawings, and specifications, to fix and describe the size and character of the Project as to materials, and such other elements as may be appropriate. The final design of the Project shall comply with all applicable laws, statutes, ordinances, codes and regulations. 6.02 Upon approval of the final design, the Engineer warrants that the final design will be sufficient and adequate to fulfill the purposes of the Project. 6.03 The Engineer shall cooperate with Purchasing to obtain bids for the construction contract between the County and the Contractor. The Engineer hereby agrees that no changes,. modifications, supplementations, alterations, or voi. 10o Pg. 02 S 7 Page 3 deletions will be made to the Project unless warranted by necessity and approved by the Commissioner's Court. 6.04 The Engineer shall assist the County with preparing complete contract documents sufficient to be advertised for bids by the County.. The contract documents shall include the design and specifications and other changes that are required to fulfill the purpose of the Project. Upon completion of the final design of the Project, with the submission of the complete contract documents, and upon request of the County, the Engineer shall meet with the approved Committee for Brazos County and/or the Commissioner's Court to present the final design of the Project. The Engineer shall provide an explanation of the final design and cost estimate. ARTICLE VII RFP Preparations & Evaluation 7.01 The Engineer shall assist the County in advertising for and obtaining bids or negotiating proposals for the construction of the Project. Upon request, the Engineer shall meet with the approved Committee and/or the Commissioner's Court to present, and make recommendations on the bids submitted for the construction of the Project. 7.02 The Engineer shall review the construction Contractors' bids, including subcontractors, suppliers, and other persons required for completion of the Project. The Engineer shall evaluate each bid and provide these evaluations to the County along with a recommendation on each bid. If the lowest bid for the construction of the Project exceeds the final cost estimate set forth in the final design of the Project, then the Engineer, at his sole cost and expense, shall revise the construction documents so that the total construction costs of the Project will not exceed the final cost estimate contained in the final design of the Project. 7.03 Where substitutions are requested by a construction contractor, the Engineer shall review the substitution requested and approve or disapprove, with County's consent, such substitutions. ARTICLE VIII Construction 8.01 The Engineer shall be a representative of, and shall advise and consult with, the County (1) during construction, and (2) at the County's direction from time to time during the correction, or warranty, period described in the construction contract. The Engineer shall have authority to act on behalf of the County only to the extent provided in this Contract unless modified by written instrument. Vol. b fl P"r �Jg Page 4 8.02 The Engineer shall make visits to the site, with a frequency appropriate to the scope of the Project, to inspect the progress and quality of the executed work of the construction contractor and his subcontractors and to determine if such work is proceeding in accordance with the Contract documents. The Engineer shall periodically review the as -built drawings for accuracy and completeness, and shall report his or her findings to the County. 8.03 The Engineer shall keep the County informed of the progress and quality of the work by meeting weekly with the approved County Committee. The Engineer shall exercise the utmost care and diligence in discovering and promptly reporting to the County any defects or deficiencies in such work and shall disapprove or reject any work failing to conform to the contract documents. 8.04 The Engineer shall review and approve shop drawings and samples, the results of tests and inspections, and other data that each construction contractor or subcontractor is required to provide. The Engineer's review and approval shall include a determination whether the work complies with all applicable laws, statutes, ordinances and codes and a determination of whether the work, when completed, will be in compliance with the requirements of the contract documents. 8.05 The Engineer shall determine the acceptability of substitute materials and equipment that may be proposed by construction contractors or subcontractors. The Engineer shall also receive and review maintenance and operating instruction manuals, schedules, guarantees, and certificates of inspection, which are to be assembled by the construction contractor in accordance with the contract documents. 8.06 The Engineer shall issue all instructions of the Countyy to the construction contractor as well as interpretations and clarifications of the contract documents pertaining to the performance of the work. The Engineer shall interpret the contract documents and judge the performance by the contractor constructing the Project, and the Engineer shall, within a reasonable time, render such interpretations and clarifications as deemed necessary for the proper execution and progress of the Work. The Engineer shall receive no additional compensation for providing clarification of the Drawings and Specifications. 8.07 The Engineer shall review the amounts owed to the construction contractor and recommend to the County, in writing, payments to the construction contractor of such amounts. The Engineer's recommendation of payment, being based upon the Engineer's on -site inspections and experience and qualifications as a design professional, shall constitute a recommendation by the Engineer to the County that the quality of such work is in accordance with the contract documents and that the work has progressed to the point reflected in Engineers recommendation for payment. vol. s I Go p$ —=-- _ Page 5 8.08 Upon notification from the construction contractor that the Project is substantially complete, the Engineer shall conduct an inspection of the site to determine if the Project is substantially complete. The Engineer shall prepare a checklist of items that shall be completed prior to final acceptance. Upon notification by the construction contractor that the checklist items designated by the Engineer for completion have been completed, the Engineer shall inspect the Project to verify final completion. 8.09 The Engineer shall not be responsible for the work of the construction contractor or any of the subcontractors, except that the Engineer shall be responsible for the construction contractor's schedules or failure to carry out the work in accordance with the contract documents if such failures result from the Engineer's negligent acts or omissions. This provision shall not alter the Engineer's duties to the County arising from the performance of the Engineer's obligations under this Contract. 8.10 The Engineer shall conduct at least one on -site inspection during the warranty period and shall report to the County as to the continued acceptability of the work. 8.11 The Engineer shall not execute change orders on behalf of the County or otherwise alter the financial scope. of the Project without an advance, written authorization from the County. 8.12 The Engineer shall perform all of his or her duties under this Article VIII so as to not cause any delay in the progress of construction of the Project. 8.13 The Engineer shall assist the construction contractor and County in obtaining any necessary permits by accompanying goveming officials during inspections of the Project if requested to do so by the County. ARTICLE IX Change Orders & Documents & Materials 9.01 No changes shall be made, nor will invoices for changes, alterations, modifications, deviations, or extra work or services be recognized or paid except upon the prior written order from authorized personnel of the County. The Engineer shall not execute change orders on behalf of the County or otherwise alter the financial scope of the Project. 9.02 Written change orders may be approved by Commissioners Court if the amount owed to Engineer or Contractor changes. Change Orders that do not alter the approved budget shall be approved by the committee appointed by Commissioner's Court. Any request by the Engineer for an increase in the. Scope of Services or an increase in the amount listed in paragraph 2.01 of this Contract shall be made and approved by the County prior to the Engineer providing such Vol. �� Pg. a (DO Page 6 services or the right to payment for such additional services shall be waived. If there is a dispute between the Engineer and the County respecting any service provided or to be provided hereunder by the Engineer, including a dispute as to whether such service in addition to the Scope of Services included in this Contract, the Engineer agrees to continue providing on a timely basis all services to be provided by the Engineer hereunder, including any service as to which there is a dispute. 9.03 The Engineer shall furnish the County four sets of plans and specifications. It is hereby agreed that additional copies shall be provided to the County at the County's expense. The Engineer shall provide the County two sets of reproducible, mylar record drawings that clearly show all the changes made during the construction process, based upon the marked -up prints, drawings, and other data furnished by the construction contractor to the Engineer. The Engineer shall provide copies of documents, computer files if available, surveys, notes, and tracings used or prepared by the Engineer. The foregoing documentation, the work product, and other information in the Engineer's possession concerning the Project shall be the property of the County's from the time of preparation. The Engineer shall also furnish one set of digital files representing the final as -built mylars. 9.04 The Engineer shall prepare Change Orders and Construction Change Directives for the County's approval and execution in accordance with the Contract Documents. The Engineer may authorize minor changes in the Work not involving an adjustment in the Contract Sum or an extension of the Contract Time which are consistent with the intent of the Contract Documents. If necessary, the Engineer shall prepare, reproduce and distribute Drawings and Specifications to describe Work to be added, deleted or modified. 9.04.1 The Engineer shall review properly prepared timely requests by the County or Contractor for changes in the work, including adjustments shall be accompanied by sufficient supporting data and information to permit the Engineer to make a reasonable determination without extensive investigation or preparation of additional drawings or specifications. If the Engineer determines that requested changes in the work are not materially different from the requirements of the Contract Documents, the Engineer may issue an order for a Minor Change in the Work or recommend to the County that the requested change be denied. 9.04.2 If the Engineer determines that implementation of the requested changes would result in a material change to the Contract that may cause an adjustment in the Contract Time or Contract Sum, the Engineer shall make a recommendation to the County, who may authorize further investigation of such change. Upon such authorization, and based upon information furnished by the Contractor, if any, the Engineer shall estimate the additional cost and time that might result from such change including any additional costs attributable to a changes in services of the Engineer. With the County's approval, the Engineer shall incorporate those estimates into a Vol. ) 100 Pg, 0 to I Page 7 Change Order or other appropriate documentation for the County's execution or negotiation with the Contractor. 9.04.3 The Engineer shall maintain records relative to changes in the work. ARTICLE X Project Completion 10.01 The Engineer shall conduct inspections to determine the date or dates of substantial completion and the date of final completion, shall receive from the Contractor and forward to the County's review and records, written warranties and related documents required by the contract documents and assembled by the Contractor, and shall issue a final certificate for Payment based upon a final inspection indicating the work complies with the requirements of the contract document. 10.02 The Engineer's inspection shall be conducted with the County's representative for the conformance of the work with the requirements of the contract documents and to verify the accuracy and completeness of the list submitted by the Contractor of work to be completed or corrected. 10.03 When the work is found to be substantially complete, the Engineer shall inform the County about the balance of the contract sum remaining to be paid the Contractor, including any amounts needed to pay for final completion or correction of the work. 10.04 The Engineer shall receive from the Contractor and forward to the County: (1) consent of surety or sureties, if any to reduction in or partial release of retainage or the making of final payment and (2) affidavits, receipts, releases and waivers of liens or bonds indemnifying the Owner against liens. ARTICLE XI Warranty, Indemnification & Release 11.01 As an experienced and qualified design professional, the Engineer warrants that the information provided by the Engineer reflects high professional and industry standards, procedures, and performances. The Engineer warrants the design preparation of drawings, the designation or selection of materials and equipment, the selection and supervision of personnel, and the performance of other services under this Contract, pursuant to a high standard of performance in the profession. The Engineer warrants that the Contractor will exercise diligence and due care and perform in a good and workmanlike manner all of the services pursuant to this Contract. Approval of the County shall not constitute, or be deemed, a release of the responsibility and liability of the Engineer, its employees, agents, or associates for the exercise of skill and diligence to promote the accuracy and competency of their Vol. f & 0 pg. d 6 (:;k Page 8 designs, information, plans, specifications or any other document, nor shall the County's approval be deemed to be the assumption of responsibility by the County for any defect or error in the aforesaid documents prepared by the Engineer or the Engineer's employees, associates, agents, and subcontractors. 11.02 The Engineer shall promptly correct any defective designs or specifications furnished by the Engineer at no cost to the County. The County's approval, acceptance, use of, or payment for, all or any part of the Engineer's services hereunder or of the Project itself shall in no way alter the Engineer's obligations or the County's rights hereunder. 11.03 In all activities or services performed hereunder, the Engineer shall be deemed an independent contractor, and not an agent or employee of the County. The Engineer and his or her employees are not the agents, servants, or employees of the County. As an independent contractor, the Engineer shall be responsible for the professional services and the final work product contemplated under this contract. Except for materials furnished by the County, the Engineer shall supply all materials, equipment, and labor required for the professional services to be provided under this contract. 11.04 The Engineer must at all times exercise reasonable precautions on behalf of, and be solely responsible for, the safety of his or her employees for the project. 11.05 Indemnity /Comparative Negligence: The Engineer shall indemnify the County only to the extent of the liability that was caused by the Engineer. To the fullest extent by law, the Engineer agrees to and shall indemnify, hold harmless, and defend the County, its officers, agents, and employees from and against any and all claims, losses, damages, causes of action, suits, and liability, of every kind including all expenses of litigation, court costs, and attorney's fees for injury to or death of any person, for damages to any property, or for any breach of contract, arising out of or in connection with the work done by the Engineer under this Contract, provided and only to the extent that any such claim, loss, damage, cause of action, suit, or liability is caused in whole or in part by an act or omission of the Engineer. ARTICLE XII Insurance 12.01 The Engineer shall procure and maintain required insurance at his or her sole cost and expenses for the duration of this agreement. ARTICLE Xlll Use of Drawings, Specifications and Other Documents Vol. Pg. Q Page 9 1101 The drawings, specifications and other documents prepared by the Engineer for this project shall become the property of the County whether or not the project is completed. The County shall be furnished and permitted to retain reproducible copies and electronic versions of Engineer's drawings, specifications and other documents. 13.02 The documents prepared by the Engineer may be used as a prototype for other facilities by the County. The County may elect to use the Engineer to perform the site adaptation and other engineering services involved in reuse of the prototype. If so, the Engineer is obligated to perform the work for an additional compensation that will fairly compensate the Engineer and required consultants only for the additional work involved. It is reasonable to expect that the fair additional compensation will be significantly less than the fee provided for under this contract. 13.03 In the event of termination of this agreement for any reason, the County shall receive all original documents prepared to the date of termination and shall have the right to use those documents and any reproductions in any way necessary to complete the Project. 13.04 Only the details of the drawings relating to this project may be used by the Engineer on other projects, but they shall not be used as a whole without written authorization by the County. The County's furnished forms, conditions, and other written documents shall not be used on other projects by the Engineer. ARTICLE XIV Termination 14.01 The County may terminate the Engineer at any time upon thirty (30) calendar days written notice. Upon the Engineer's receipt of such notice, the Engineer shall cease work immediately. The Engineer shall be compensated for the services satisfactorily performed prior to the termination date. 14.02 If, through any cause, the Engineer fails to fulfill his or her obligations under this Contract, or if the Engineer violates any of the agreements of this Contract, the County has the right to terminate this Contract by giving the Engineer five (5) calendar days written notice to the Engineer. The Engineer will be compensated for the services satisfactorily performed before the termination date. 14.03 No term or provision of this Contract shall be construed to relieve the Engineer of liability to the County for damages sustained by the County because of any breach of contract and /or negligence of the Engineer. Vol. _1(00— P9 °2 6 4 Page 10 ARTICLE XV Mediation 15.01 Any claim dispute or other matter in question arising out of or related to this agreement shall be subject to mediation as a condition precedent to the institution of legal or equitable proceedings by either party. If such matter relates to or is the subject of a lien arising out of the Engineer's services, or a disputed and unpaid sum for such services, the Engineer may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by arbitration. 15.02 The County and Engineer shall endeavor to resolve claims, disputes and other matters in question between them by mediation. Request for mediation shall be filed in writing with the other party to this Agreement and with the Dispute Resolution Center of Central Brazos Valley, located in Bryan, Texas. 15.03 The parties shall share the mediator's fee and any fees of mediation equally. The mediation shall be held in Bryan, Texas at the Dispute Resolution Center , unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. XVI Arbitration 16.01 Any claim, dispute or other matter in question arising out of or related to this Agreement shall not be subject to arbitration. ARTICLE XVII Miscellaneous Terms 17.01 This Contract has been made under and shall be governed by the laws of the State of Texas. The parties agree that performance and all matters related thereto shall be in Brazos County, Texas. 17.02 Notices shall be mailed to the addresses designated herein or as may be designated in writing by the parties from time to time and shall be deemed received when sent postage prepaid U.S. Mail to the following addresses: County of Brazos Attn: Charles Wendt, Purchasing Agent 200 South Texas Ave., Suite 352 Bryan, TX 77803 Engineer: Vol. Pg. C;k "` 5 page 11 17.03 No waiver by either party hereto of any term or condition of this Contract shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. 17.04 This Contract represents the entire and integrated agreement between the County and the Engineer and supersedes all prior negotiations, representations, or agreements, either written or oral. This Contract may only be amended by written instrument approved and executed by the parties. 17.05 This Contract and all rights and obligations contained herein, may not be assigned by the Contractor without the prior written approval of the County. 17.06 If any provision of this contract shall be held to be Invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court of competent jurisdiction finds that any provision of this contract is invalid or unenforceable, but that by limiting such provision it may become valid and enforceable, then such provision shall be deemed to be written, construed, and. enforced as so limited. 17.07 The Engineer and his or her employees must comply with all applicable federal and state laws and with all applicable rules and regulations promulgated by local, state, and national boards, bureaus, and agencies. The Engineer must obtain all necessary permits and licenses required. 17.08 The Engineer acknowledges that he or she has read, understood, and intend to be bound by the terms and conditions of this Contract. 17.09 This contract will be effective when signed by the Engineer and approved and signed by Commissioner's Court. 17.10 Notice of Indemnification. County and Engineer hereby acknowledge and agree that this contract contains certain indemnification obligations and covenants vol. I �O Pg_ O? �O Page 12 Approved by: Engineer: Mitche11&Morgan, LLP Name: Signat Date: Approved by: Brazos County: Na Signature:: ) Date: `1 J I Page 13 Vol. I- Exhibit A Scope of Services Mitchell & Morgan, LLP will provide a revised concept plan, preliminary and final platting as well as design and construction documents for the first phase of the project and the design for the entirety of the internal roadway from FM 158 to Pendleton Drive and utilities to the two new lots. We will design the detention pond on Brazos County property, with an alternate design to work with the City of Bryan to provide retention instead within the park, if allowed. We will provide a survey, design and hydraulic modeling for the pond to be located on the City of Bryan park area, if you desire to pursue thatdesign option. The tract is currently zoned PD -M — Planned Development -Mixed and there will be no zoning changes necessary to develop the property as desired. More specifically, we will provide the following: • We will provide boundary for the entire property and a topographic survey on the 19.8- acres. • We will provide preliminary platting for the entire tract and final platting services for the two lots each large enough to contain an approximately 15,000 square foot buildings to be developed. • We will provide complete construction plans and bid package for the construction of an internal street from FM 158 to Pendleton Drive, a public sewer line to serve the two new lots and a waterline from FM 158 to the two new lots. • We will provide a site plan for 2 buildings, each approximately 15,000 square feet including all utilities and parking for both sites. • We will provide landscape plans for the two lots to be developed. • We will provide site lighting for the two lots to be developed. • We will provide Texas Accessibility Standards compliance review for the site. • We will provide complete construction documents and bid package for the site construction in accordance with County standards. These documents will be packaged with the street utility construction plans for bidding and construction. • We will provide geotechnical investigations and recommendations for the street, building and site design. • We will assist the County in review of bids. • We will assist the County in review of pay applications. Vol. I lD- p g . 0210 O Exhibit A Scope of Services We will provide one hour per week (average) for three months site visits for review of progress of construction. We will not provide the following: • We will not provide day to day inspection services. • We will not provide environmental investigations. We will not provide building plans. • We will not provide mechanical plans. • We will not provide sprinkler plans.. Vol. 1 & 0 2 Pg. a & 9 Brazos County Tax Office Complex Design Cost Item # Document Basic Service Comment CONCEPTUAL DESIGN 1 Project Coordination-Conceptual Phase $1,000.00 2 BOUNDARY SURVEY $4,620.00 3 BOUNDARY VERIFICATION n/a 4 TOPO SURVEY' $15,400.00 5 TREE SURVEY ALL TREES >12" n/a 6 Environmental Assessments by others 7 Geotechnical,Report/Pavement Rec. n/a 8 Traffic Impact Analysis n/a 9 Conceptual Drainage Design $1,000.00 10 Conceptual Utility Plans $1,000.00 11 Water Impact Stud /Fire Flow Analysis na 12 Sewer Impact Stud n/a 13 Conceptual Site Plan $2,000,00 14 Re-zoninq Documents n/a 15 Re-zoning Presentation/Defense n/a 16 Conditional Use Permits Documents n/a 17 Conditional Use Permits Presentation n/a 18 Coordinate with Existing Utilities n/a CONCEPTUAL DESIGN TOTAL - $25,020.00 PRELIMINARY PLATTING 19 Preliminary Plat $2,000.00 20 Preliminary Plat Presentabon/Defense $500.00 PRELIMINARY PLATTING TOTAL $2,500.00 FINAL PLATTING 21 Final Plat Preparation $1,500.00 22 Final Plat Defense $500.00 FINAL PLAT TOTAL $2,000.00 Vol. 1 0 6 pg. o? 70. Vol. ) 60 p g. 02 1 PRELIMINARY SITE DESIGN 23 Project Coordination-Preliminary Phase $750.00 24 Preliminary Site Plan $1,000.00 25 Preliminary Utility Plan $750.00 26 Draft Final Plat - Plats with Multiple Lots n/a 27 Preliminary Grading Plan 51,000.00 28 Environmental Assessments by others 29 Preliminary Demolition Plan n/a 30 [Preliminary Detention Grading $1,250.00 31 Preliminary Clearing Plan n/a 32 Preliminary SWPPP $400.00 33 Preliminary Sewer Line Plan and Profiles $400.00 34 Preliminary Water Line Plan and Profiles $400.00 35 Preliminary Storm Drain Plan and Profiles $400.00 36_ Preliminary Adjustment of Ex. Utilities n/a 37 Preliminary Traffic Control Plan n/a 38 Preliminary Striping and Signing n/a 39 Preliminary FEMA Work see attached n/a 40 Preliminary Grading Details $500.00 41 Preliminary Pavement Details $400.00 42 Preliminary Sewer Details - $500.00 43 Preliminary Water Details $500.00 44 Preliminary Storm Drain Details $500.00 45 Preliminary Offsite Utility Plan n/a 46 Meetincis $1,000.00 hourl 47 Review of Details n/a 48 Cut/Fill Analysis with Cost $400.00 49 Preliminary Engineers Estimate $400.00 50 Value Engineering n/a PRELIMINARY SITE DESIGN TOTAL $10,550.00 Vol. ) 60 p g. 02 1 Vol. I (Q a pg. a� ai FINAL SITE DESIGN 51 Project Coordination -Final Phase $750.00 52 Final Site Plan $1,500.00 53 Final Demolition Plan 54 Final Utility Plan $750.00 55 Final Grading Plan $2,250.00 56 Final Dimension Plan inc on site plan 57 Final Drainage Study $1,250.00 58 Final Detention Grading $1,800.00 59 Final Clearing Plan n/a 60 Final SWPPP $400.00 61 Final Sewer Line Plan and Profiles $400.00 62 Final Water Line Plan and Profiles $400.00 63 Final Storm Drain Plan and Profiles $750.00 64 Final Adjustment of Ex. Utilities n/a 65 Final Traffic Control Plan $400.00 66 Final Stdpinq and Signing (Roadway & Parkin Lot $400.00 67 Final FEMA Work (see attached) n/a 68 Final Grading Details $400.00 69 Final Pavement Details $300.00 70 Final Sewer Details - $300.00 71 Final Water Details $300.00 72 Final Storm Drain Details $300.00 73 Final Trench Safety Details $300.00 74 Prepare/Process TxDOT Driveway Permits $400.00 75 Prepare/Process TxDOT Utility Permits $400.00 76 Prepare Bid Proposal Form/Quantity Estimates $400.00 77 Prepare Specification Book $400.00 78 Prepare Special Specifications $500.00 79 Prepare Special Conditions/Provisions $400.00 80 Review of Specifications written by others n/a 81 Prepare Cost Estimate of Public Infrastructure $750.00 82 Prepare Final Construction Cost Estimate $1,000.00 83 Prepare Construction Contrail EJCDC Standard n/a 84 Pre are Easement Documents by others 85 Final Landscape Plan $4,500.00 86 Final Irri alion Plan $1,000.00 87 Final Site Lighting Plan $4,400.00 88 Prepare TAS Submittal $1,100.00 89 Address Comments (changed requirements only) houd 90 Final Offsite Utility Plan n/a 91 Base Sheet for Landscape Architect $250.00 92 Meetings $750.00 hour) 93 Final XY Coordinate Plan n/a 94 Plat Related Public Infrastructure Street & Storm P &P $5,000.00 95 Plat Related Public Infrastructure Waterline P &P $5,500.00 96 Plat. Related Public Infrastructure Sewer P &P $5,500.00 97 Geotechnical Study $5,280.00 FINAL SITE DESIGN TOTAL $50,480.00 Vol. I (Q a pg. a� ai Vol. 1 lO 0 p g , 0 73 CONSTRUCTION PHASE 96 Project Coordination-Construction Phase $1,100.00 99 Coordination w /Construction Staking $425.00 100 Preparation of Addendums /RFI's for Unforeseen hour) 101 Prepare As -Built Drawings $1,360.00 102 Modify Easement Documents n/a 103 Construction Observation $1,320.00 1hrlwk for 3 mo CONSTRUCTION PHASE TOTAL $4,205.00 ALTERNATE DESIGN POND ON COB PROPERTY 104 TOPO Survey $8,600.00 105 Hydraulic Model $10,000.00 ALTERNATE. DESIGN. TOTAL $18,800.00 TOTAL PROPOSAL. COST $113,555.00 Bv Others: Environmental Assessments - Building Plans Mechanical Demands Fire Sprinkler Design if applicable Item 4 cost assumes the County will allow the use of inmate crews to clear brush around the preimeter and along the 50 foot section lines. Vol. 1 lO 0 p g , 0 73 BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2011 -2012 BUDGET YEAR NO. 11/12 27.1— 27.5 On this the 17th day of April 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 I C. Sammy Catalena, Commissioner, Precinct 2 D. Kenny Mallard, Commissioner, Precinct 3 E. Irma Cauley, Commissioner, Precinct 4 F. Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on 17th day of April 2012 the Court heard and approved a budget amendment for the 2011 -2012 budget year for Brazos County, Texas; and WHEREAS, expenditure is necessary due to the necessity to meet unusual and unforeseen conditions which could not be reasonably included in the original budget adopted 20 September 2011, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 17th day of April 2012- THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. �� -- B4. _- 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. ) (PC) Pg. CZ-7 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 11112 - 27.1 411 712 01 2 FUND DIV ACCT PROD DR1CR ACCOUNT NAME Increase Decrease 1 0700 1400D I00 59100000 CR DDEA 14 ,IOOAD 0100 14000100 72155000 DR Computer Contracts _ 14, I OO.DO� f Information Technolo Reallocation of funds to allow Commvault engineers to assist the IT Department with the Commvault backup solution and hands -on training to the network staff. Prepared ;By nnrn Date 4191201,2 proval Date vo co Pg. ! 5 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 11112 - 27.2 Prepared BY: nnm Date: 4/10/2012 Date f7 is . Approval.. -- .:.:Date -- -- Vol. Ill (0O p C;0 (P— ACCT 61130000 PROJ DR/CR CR T ACCOUNT NAME e nn nc General Fund Coli Increase Decrease 179.37 91320000 DR Transfer to Grant Fund 179.37 49028000 CR Transfer from General Fund 75.22 g3000 P288000 48047400 CR Justice Asst - B me 104.15 67286000 DR Equipment - Other 179.37 Bryne Justice Assistance To correct 2009 JAG bud et to reflect current amount and include interest. Prepared BY: nnm Date: 4/10/2012 Date f7 is . Approval.. -- .:.:Date -- -- Vol. Ill (0O p C;0 (P— BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 11112 - 27.3 4/17/2012 FUND 0100 0100 DIV 35500100 35500100 ACCT 59100000 65550000 PROJ DR/CR CR DR I ACCOUN NAME DDEA __ Radio Maintenance Increase _ 1,455.00 Decrease 1,455.00 Emer enc Mana ement Reallocation of funds to take care of unanticipated radio maintenance expenses. Impress batteries being purchased for cache of 12 Motorola XTS2500 700 /800mHz public safety radios (2 being bought with 2009 grant monies), which will enhance the ability of the radios to remain in operation longer without re uirin a char er. Also includes cost of repair of a Motorola XTS5000 700/800 mH z radio. P.reparedBy nnm_ VOI.� _ BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 11112 - 27.4 4117/2012 Fund for remainder of FY 12. Prepared, By: nnm Date: 4/11/2012 Vol. I mo— Pg l5l 8 Department Approval Date. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 11/12 - 27.5 4/17/2012 FUND DIV ACCT PROJ IDRICRI ACCO N AME Increase Decrease 0100 22100100 61900000 CR Zitin Court R 78.00 0100 22100100 51630000 1 DR Part time s taff 65.00 0100 22100100 _ 53 100000 1 DR Social Security 5.00 0100 22100100 _ 53200000 1 DR Retirement 8.00 272nd District Court -Judge Br an Reallocation of funds for the visiting court repo er that was substituting on March 30, 2012 for 2 hours at the rate of $32.25 per hour. VOL � Pg. __�- PtIlISURNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: April 17, 2012 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Change Requests Department Submitting Employee Request Action Requested Request(s) Applies To Ag Extension Zimmerman, Eric Resignation Building Maintenance Mushinski, Linda Resignation Ojeda, Antonio New Hire Young, Juanita New Hire Expo Thompson, John Resignation Juvenile Sammons, Frederick New Hire Trujillo, Mayella New Hire SO- Admin Wiese, Allen Retirement SO- Jail Ebner, Kyle New Hire Good, Rebekah Transfer wlin Dept. Patel, Aashiyana New Hire Stumpf, Michael Transfer to Another Dept. Sweatt, Robert Transfer wlin Dept. Treasurer Kornegay, Ashley Resignation Approved in Commissioners' Court: A rii County Judge's or Commissioner's Signature. 1) (This Copy to be attached to minutes) Vol. / 6 0 Pg. "Z F Brazos County Purchasing Department Weekly Update 4/05/12 — 4/12/12 ACKNOWLEDGED Number of PO's Processed: 63 Requisitions Completed: 1 Capital Payments: 3 Duane. Peters Date Projects In Progress County Judge Construction Courthouse: Phase I & II - Touch -ups in progress - DA move -in complete Phase III - Abatement of asbestos on exterior in progress - Currently drilling piers for new elevator - 1 u floor plumbing rough -in I/P Bids/ RFP's/ RFQ's RFQ for Engineer for Pendleton Property RFQ for Surveyor RFQ for Tax Office Architect Transportation of Deceased Poly Jute Renewals Printing of Jury Summons Solicitation of Quotes None in progress at this time -To Court 4/17 - Solicitation in progress - Solicitation in progress -To open 4124 -Dept. reviewing specs -To Court on 4117 Vol. 160 Pg. a$ i Other Auction - Auction completed - P/u of items almost complete Purchasing Policy - Reviewing and revising policy Assets - Assets from periods 5 being reconciled - Entering transfers that have transpired since beginning of FY 2012 Sanctuary Courtroom Most items delivered and installed Print Management - Working with IT department to establish parameters for project Vol. 1 b © p g. 02 3 a