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2012-09-18-10:00AM-REGULAR SESSION
� 5 4 r 14 P 2.- I b BRAZOS COUNTY BRYAN,TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON SEPTEMBER 18, 2012 AT 10:00 AM IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVE., SUITE 106, BRYAN, TX 77803 1. Invocation and Pledge of Allegiance - Chaplain G.H. Jones and Commissioner Cauley 2. Call for Citizen input and /or concerns. Consider and take action on agenda Items 3 - 30: 3. Order authorizing the Issuance of "Brazos County. Texas Certificates of Obllaatlon. Series 2012 ": Authorizing a purchase contract and a Daying aaent/realstmr agreement: and aDDrovina other matters relating thereto. 4. 61 6. Adoption of the County Budget for fiscal year ending September 30. 2013. 7. Resolution 12-007 levying a tax rate for Brazos County for the Tax Year 2012. 8. Salary Merit Award Guidelines for FY 2013. g, Salary Schedule for FY 2013. 10, Consider an p ossible action regarding a Burn Ban. 11 . Approval of signature authority for Duane Peters, County Judge, on behalf of Brazos County as an IGT Vol. I (a7 Pg• — F r ay G l entity to slap and certify the Realonal Health Partnerships (RHP) Realon 17 plan. 12 Authorization for Sheriff Chris Kirk and Jail Administrator Wayne Dicky, to travel c 13 Payment Authorization to Winafoot Commercial The Svstems LLC In the amount of $613.02 for vehicle tires In the Sheriff's Office: purchase order was not obtained In advance. 14 Approval of the following Psvment Authorizations for the Brazos County Jail: • a. Brees/Texas Prisoner Transportation In the amount of $539.93 forinmate transportation 50% attempt Rick up fee. • b. Scarmardo In the amount of $638.35 for kitchen supplies. 15. 16, Agreement for Development and Tax Abatement In Relnvestment'2one Number One (11 for Commercial - Industrial Tax Abatement. 17, Annual.Peopleware Agreement between Brazos County and Computer Information Concepts. Inc. for maintenance for accountina software for the Tax Office. 18.. Facility Use Agreement between Brazos County and the Texas Department of Insurance Dlvislon of Workers' Compensation. 10. Agreement with the Bova•.& Girls Clubs of Brazos Valley for'fundina for FY 2013, 20, Agreement with the Brazos County Emergency Communications District for funding for FY 2013. 21, The recommendatlon of the County's consultant USI is as follows for the award of RFP 201246 Employee Insurance: • a. Health Insurance= Blue Cross. Blue Shield • b. Dental Insurance- Blue Cross Blue Shield • c. EAP- Deer Oaks • d. Vision Insurance- UHC or Block Vision (Court must choose one Rrovlder) 22. RI Pi bf 23. 24. RI P! th 25. R, w 26. 1, 27. Tax .Refund Applications for the following: vol. 1(o 7 Pg. A S � a a. Jeffery Morris - overpayment S99.99 a b. Green Tree Servidina- overpayment- $625.09 . c. Donna Bird- overoavment -56.31 y .28. Budget Amendments. Budget Amendments FY 11/12 47.1 thru 47.16 29. Personnel Change of Status. Personnel Action Forms 30. Payment of Claims. 31. Acknowledgement of the Brazos County Purchasina Department UDdite for September •7 - 13.2012. 32. Sheriff's report on inmate population. 33. Announcement of interest items and possible future agenda topics. 34.. Call for Citizen input and /or concerns. 35. Adjourn. Vol. )&7 pg, PUBLIC COMMENTS Public Comment during the Commission Meeting may be for all matters, both on and off the agenda, and be limited to four minutes per person. Persons are invited to submit comments in writing on the agenda items and /or attend and make comment at the Commission meeting. Members of the public are reminded that the Brazos County Commissioners Court is a Constitutional Court, with both judicial and legislative powers, created under Article V, Section 1 and Section 18 of the Texas Constitution. As a Constitutional Court, the Brazos County Commissioners Court also possesses the power to issue a Contempt of Court Citation under Section 81.024 of the Texas Local Government Code. Accordingly, members of the public in attendance at any Regular, Special and /or Emergency meeting of the Court shall conduct themselves with proper respect and decorum in speaking to, and /or addressing the Court; in participating in public discussions before the Court; and in all actions in the presence of the Court. Those members of the public who are inappropriately attired and/or who do not conduct themselves in an orderly and appropriate manner will be ordered to leave the meeting. Refusal to abide by the Court's Order and /or continued disruption of the meeting may result in a Contempt of Court Citation. It is not the intention of the Brazos County Commissioners Court to provide a public forum for the demeaning of any individual or group. Neither is it the intention of the Court to allow a member (or members) of the public to insult the honesty and/or integrity of the Court, as a body, or any member or members of the Court, or County employees, individually or collectively. Accordingly, profane, insulting or threatening language directed toward the Court and /or any person in the Court's presence and/or racial, ethnic or gender slurs or epithets will not be tolerated. Violation of these rules may result in the following sanctions: 1. cancellation of a speaker's time; 2. removal from the Commissioners Court; 3. a Contempt Citation; and/or 4. such other and /or criminal sanctions as may be authorized under the Constitution, Statutes and Codes of the State of Texas. The County Commissioners Court can deliberate or take action only if a matter has been listed on an agenda properly posted prior to the meeting. During the public comment period, speakers may address matters not listed on the published agenda. The Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court. However, responses from the County Judge or Commissioners to unlisted public comment topics could become deliberation on a matter without notice to the public. To ensure the public has notice of all matters the Commissioners Court will consider, the County Judge and /or Commissioners may choose not to respond to public comments, except to correct factual inaccuracies, recite existing policy in response to an inquiry or to ask that a matter be listed on a future agenda. See Texas Open Meetings Act ? 551.042. INVOCATION Any invocation that may be offered before the official start of the Court meeting shall be to and for the benefit of the Court. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Court and do not necessarily represent the religious beliefs or views of the Court in part or as a whole. No member of the community is required to attend or participate in the invocation and such decision will have no impact on their right to actively participate in the business of the Court. The Commissioners Courtroom of the County Administration Building, 200 South Texas Ave., Suite 106, Bryan, TX 77803 is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two working days before the meeting. To make arrangements, please call (979) 361 -4102. Pg.-- BRYANJEXAS MINUTES September 18, 2012 BRAZOS COUNTY COMMISSIONERS COURT REGULAR MEETING Signature Paae.pdf File Stamped Aaenda.pdf �.�-- Sian in sheet.pdf A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Brazos County Commissioners Courtroom in the Administration Building, 200 South Texas Avenue, in Bryan, Brazos County, Texas, beginning at 10:00 a.m. on Tuesday, September 18, 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, Absent; Irma Cauley, Commissioner of Precinct 4; Karen McQueen, County Clerk, Absent. The attached sheets contain the names of the citizens and officials that were in attendance. Invocation and Pledge of Allegiance - Chaplain G.H. Jones and Commissioner Cauley 2. Call for Citizen input and /or concerns. Kristy Roe, Tax Assessor /Collector notified everyone of a TCDRS you tube video that is very informative. Since access to you tube is blocked, Eric Caldwell, Chief Information Officer offered to put it on the BCweb for all to access. Vol. - 1(o 1 Pg. 5 BRAZOS COUNTY Consider and take action on agenda items 3 - 30: 3. Order authorizing the issuance of "Brazos County, Texas Certificates of Obligation, Series 2012 "; Authorizing a purchase contract and a paying agent/registrar agreement; and approving other matters relating thereto. ED Item 3.pdf Pricing Analvsis.pdf Dennis Whaley gave a report on the issuance of certificates of obligation and bond sales. He stated Brazos County will save about $1 million dollars on refunding bonds. Colby Echols then gave a presentation that included a pricing analysis saying that the combined interest rate is about 2.6 percent. He continued by stating that this is a fantastic transaction. The closing date is set for October 17, 2012. Motion: Approve, Moved by Commissioner Lloyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 4 -0. Members voting Aye: Catalena, Cauley, Peters, Wassermann . Members Absent: Mallard . 4. Order authorizing the issuance of "Brazos County, Texas Limited Tax Refunding Bonds, Series 2012", authorizing an escrow agreement, a paying agent/ registrar agreement, and a purchase contract; and authorizing other matters related thereto. Item 4.pdf Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 4 -0. Members voting Aye: Catalena, Cauley , Peters, Wassermann . Members Absent: Mallard . 5. Acceptance of the engagement letter confirming the agreement that PFM Asset Management LLC will serve as Investment Advisor to Brazos County in connection with structuring the escrow related to the Issuer's Limited Tax Refunding Bonds, Series 2012. Item 5.pdf Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 4 -0. Members voting Aye: Catalena, Cauley, Peters , Wassermann . Members Absent: Mallard. 6. Adoption of the County Budget for fiscal year ending September 30, 2013. Item 6.pdf SO -Jail and General Fund Reserve Fund Balance - To correct the distribution amount, due to calculation error on overtime for class code 1509 position 1, Correctional Health Professional -SO. This will increase the SO -Jail budget by $1,174 and increase General Fund Reserve Fund Balance by the same amount. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy Catalena. Passed. 4 -0. Members voting Aye: Catalena, Cauley, Peters, Wassermann . Members Absent: Mallard. SO -Jail and General Fund Reserve Fund Balance - To correct the distribution amount, due to calculation error on overtime for class code 1509 position 2, Correctional Health Professional -SO. This will increase the SO -Jail budget by $1,233 and increase General Fund Reserve Fund Balance by the same amount. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 4 -0. Members voting Aye: Catalena, Cauley, Peters, Wassermann . Members Absent: Mallard. Vol. 1 0 Pg.�— SO -Jail and General Fund Reserve Fund Balance - To correct the distribution amount, due to calculation error on overtime for class code 1509 position 3, Correctional Health Professional -SO. This will increase the SO -Jail budget by $1,173 and increase General Fund Reserve Fund balance by the same amount. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 4 -0. Members voting Aye: Catalena, Cauley, Peters, Wassermann. Members Absent: Mallard. SO -Jail and General Fund Reserve Fund Balance - To correct the distribution amount, due to calculation error on overtime for class code 1509 position 4, Correctional Health Professional -SO. This will increase the SO -Jail budget by $1,173 and increase General Fund Reserve Fund Balance by the same amount. Motion: Approve, Moved by Commissioner Lloyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 4 -0. Members voting Aye: Catalena, Cauley, Peters, Wassermann . Members Absent: Mallard . SO -Jail and General Fund Reserve Fund Balance - To correct the distribution amount, due to calculation error on overtime for class code 1509 position 5, Correctional Health Professional -SO. This will increase the SO -Jail budget by $1,172 and increase General Fund Reserve Fund Balance by the same amount. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 4 -0. Members voting Aye: Catalena, Cauley, Peters, Wassermann . Members Absent: Mallard. SO -Jail and General Fund Reserve Fund Balance - To correct the distribution amount, due to calculation error on overtime for class code 1509 position 6, Correctional Health Professional -SO. This will increase the SO -Jail budget by $1,172 and increase General Fund Reserve Fund Balance by the same amount. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 4 -0. Members voting Aye: Catalena, Cauley, Peters , Wassermann . Members Absent: Mallard . SO -Jail and General Fund Reserve Fund Balance - To correct the distribution amount, due to calculation error on overtime for class code 1509 position 7, Correctional Health Professional -SO. This will increase the SO -Jail budget by $1,172 and increase General Fund Reserve Fund Balance by the same amount. Motion: Approve, Moved by Commissioner Lloyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 4 -0. Members voting Aye: Catalena, Cauley, Peters , Wassermann . Members Absent: Mallard . SO -Jail and General Fund Reserve Fund Balance - To correct the distribution amount, due to calculation error on overtime for class code 1510 position 1, Correctional Health Professional /EMT. This will increase the SO -Jail budget by $1,063 and increase General Fund Reserve Fund Balance by the same amount. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy Catalena. Passed. 4 -0. Members voting Aye: Catalena, Cauley, Peters, Wassermann . Members Absent: Mallard. SO -Jail and General Fund Reserve Fund Balance - To correct the distribution amount, due to calculation error on overtime for class code 1110 position 2, Correctional Health Professional /EMT. This will increase the SO -Jail budget by $1,063 and increase General Vol. 1 (0 pg. Fund Reserve Fund Balance by the same amount. Motion: Approve, Moved by Commissioner Lloyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 4 -0. Members voting Aye: Catalena, Cauley, Peters, Wassermann . Members Absent: Mallard . SO -Jail and General Fund Reserve Fund Balance - To correct the distribution amount, due to calculation error on overtime for class code 1526 position 1, Vistation Officer -Jail. This will increase the SO -Jail budget by $962 and increase General Fund Reserve Fund Balance by the same amount. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Lloyd Wassermann. Passed. 4 -0. Members voting Aye: Catalena, Cauley , Peters , Wassermann . Members Absent: Mallard . SO -Jail and General Fund Reserve Fund Balance - To correct the distribution amount, due to calculation error on overtime for class code 1526 position 2, Vistation Officer -Jail. This will increase the SO -Jail budget by $915 and increase General Fund Reserve Fund Balance by the same amount. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Lloyd Wassermann. Passed. 4 -0. Members voting Aye: Catalena, Cauley, Peters , Wassermann . Members Absent: Mallard. SO- Administration and General Fund Reserve Fund Balance - To correct the distribution amount, due to calculation error on overtime for class code 1444 position 2, Telecommunications Officer. This will increase the SO- Administration budget by $1,117 and increase General Fund Reserve Fund Balance by the same amount. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 4 -0. Members voting Aye: Catalena, Cauley, Peters, Wassermann . Members Absent: Mallard. SO- Administration and General Fund Reserve Fund Balance - To correct the distribution amount, due to calculation error on overtime for class code 1444 position 3, Telecommunications Officer. This will increase the SO- Administration budget by $940 and increase General Fund Reserve Fund Balance by the same amount. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Lloyd Wassermann. Passed. 4 -0. Members voting Aye: Catalena , Cauley , Peters , Wassermann . Members Absent: Mallard. SO- Administration and General Fund Reserve Fund Balance - To correct the distribution amount, due to calculation error on overtime for class code 1444 position 4, Telecommunications Officer. This will increase the SO- Administration budget by $963 and increase General Fund Reserve Fund Balance by the same amount. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 4 -0. Members voting Aye: Catalena, Cauley, Peters , Wassermann . Members Absent: Mallard . SO- Administration and General Fund Reserve Fund Balance - To correct the distribution amount, due to calculation error on overtime for class code 1444 position 5, Telecommunications Officer. This will increase the SO- Administration budget by $917 and increase General Fund Reserve Fund Balance by the same amount. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Vol. ) G-7 pg. Commissioner Irma Cauley. Passed. 4 -0. Members voting Aye: Catalena, Cauley, Peters, Wassermann . Members Absent: Mallard . SO- Administration and General Fund Reserve Fund Balance - To correct the distribution amount, due to calculation error on overtime for class code 1444 position 6, Telecommunications Officer. This will increase the SO- Administration budget by $916 and increase General Fund Reserve Fund Balance by the same amount. Motion: Approve, Moved by Commissioner Lloyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 4 -0. Members voting Aye: Catalena, Cauley, Peters, Wassermann . Members Absent: Mallard. CUDEP and General Fund Reserve Fund Balance - to adjust CUDEP (Comprehensive Underage Drinking Grant) to match budget submitted to TxDOT. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy Catalena. Passed. 4 -0. Members voting Aye: Catalena, Cauley, Peters, Wassermann . Members Absent: Mallard. Human Resources -to correct Job Class Title that is listed for longevity as Human Resources Director, class code 0112, position 1 instead of Human Resources Associate, class code 0113, position 1. No effect to the budget. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 4 -0. Members voting Aye: Catalena, Cauley, Peters , Wassermann . Members Absent: Mallard. County Clerk and General Fund Reserve Fund Balance - to correct the distribution amount, to reflect correct group and step amount for class code 1314 position 1, group 12 step 3, Deputy County Clerk III. This will increase the County Clerk's budget by $1,641 and increase General Fund Reserve Fund Balance by the same amount. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 4 -0. Members voting Aye: Catalena, Cauley, Peters, Wassermann . Members Absent: Mallard . County Clerk and G eneral Fund Reserve Fund Balance - to correct the distribution amount, to reflect correct group and step amount for class code 1314 position 2, group 12 step 2, Deputy County Clerk III. This will increase the County Clerk's budget by $1,592 and increase General Fund Reserve Fund balance by the same amount. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 4 -0. Members voting Aye: Catalena , Cauley , Peters , Wassermann . Members Absent: Mallard. Brazos Center - change the title of Director Assistant - Brazos Center class code 0803 position 1, to Sales & Scheduling Coordinator The title change was approved during Commissioner's Court on September 2, 2008. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 4 -0. Members voting Aye: Catalena, Cauley , Peters, Wassermann . Members Absent: Mallard. Brazos County Housing Finance Corporation - to increase the Brazos County Housing Finance Corporation reserve fund balance by $762 and increase travel by $500 and Professional Fees - Other by $262. Vol. I (o7 p I_ Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Lloyd Wassermann. Passed. 4 -0. Members voting Aye: Catalena , Cauley , Peters , Wassermann . Members Absent: Mallard. Law Enforcement Education Fund -to allocate additional LEOSE funds unspent in Fiscal Year 2012 to the following: • increase of $300 to Constable Pct. 1 • increase of $900 to Constable Pct. 2 • increase of $300 to Constable Pct. 3 • increase of $300 to Constable Pct. 4 • increase of $1,700 to County Attorney • increase of $800 to the Sheriff. Total increase use of LEOSE reserve fund balance of $4,300. Total increase use of LEOSE reserve fund balance of $4,300. Motion: Approve, Moved by Commissioner Lloyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 4 -0. Members voting Aye: Catalena, Cauley, Peters, Wassermann . Members Absent: Mallard. Forfeiture- Constable Pct. 3 - to reduce forfeiture funding for Constable Pct. 3 by $3,000. More funds were expended during FY 2012 than originally estimated. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 4 -0. Members voting Aye: Catalena, Cauley, Peters, Wassermann . Members Absent: Mallard. County Auditor and General Fund Reserve Fund Balance - to increase salary for class code 0311 position 1, Auditor - Appointed, from $88,560 to $88,874. This will increase the County Auditor budget by $380 and increase General Fund Reserve Fund Balance by the same amount. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Lloyd Wassermann. Passed. 4 -0. Members voting Aye: Catalena, Cauley, Peters , Wassermann . Members Absent: Mallard. County Auditor and General Fund Reserve Fund Balance -to increase salary for class code 0313 position 1, Director of Accounting from $70,980 to $71,251. This will increase the County Auditor budget by $327 and increase General Fund Reserve Fund Balance by the same amount. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by County Judge Duane Peters. Passed. 4 -0. Members voting Aye: Catalena, Cauley, Peters, Wassermann . Members Absent: Mallard. County Auditor and General Fund Reserve Fund Balance -to increase salary for class code 0314 position 1, Director of Internal Auditing from $55,255 to $55,471. This will increase the County Auditor budget by $261 and increase General Fund Reserve Fund Balance by the same amount. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Lloyd Wassermann. Passed. 4 -0. Members voting Aye: Catalena, Cauley , Peters, Wassermann . Members Absent: Mallard. County Auditor and General Fund Reserve Fund Balance -to increase salary for class ',-� to Vol. � p8• code 0315 position 1, Assistant County Auditor IV from $53,365 to $53,572. This will increase the County Auditor budget by $250 and increase General Fund Reserve Fund Balance by the same amount. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 4 -0. Members voting Aye: Catalena, Cauley, Peters, Wassermann . Members Absent: Mallard . County Auditor and General Fund Reserve Fund Balance -to increase salary for class code 0316 position 1, Assistant County Auditor III from $47,095 to $47,275. This will increase the County Auditor budget by $217 and increase General Fund Reserve Fund Balance by the same amount. Motion: Approve, Moved by Commissioner Lloyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 4 -0. Members voting Aye: Catalena, Cauley, Peters , Wassermann . Members Absent: Mallard . County Auditor and General Fund Reserve Fund Balance -to increase salary for class code 0317 position 1, Assistant County Auditor 11, from $39,505 to $39,657. This will increase the County Auditor budget by $184 and increase General Fund Reserve Fund Balance by the same amount. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Lloyd Wassermann. Passed. 4 -0. Members voting Aye: Catalena, Cauley, Peters, Wassermann . Members Absent: Mallard. County Auditor and General Fund Reserve Fund Balance -to increase salary for class code 0317 position 2, Assistant County Auditor II from $39,310 to $39,462. This will increase the County Auditor budget by $184 and increase General Fund Reserve Fund Balance by the same amount. Motion: Approve, Moved by Commissioner Lloyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 4 -0. Members voting Aye: Catalena, Cauley, Peters, Wassermann . Members Absent: Mallard. County Auditor and General Fund Reserve Fund Balance -to increase salary for class code 0317 position 3, Assistant County Auditor II from $38,995 to $39,146. This will increase the County Auditor budget by $183 and increase General Fund Reserve Fund Balance by the same amount. Motion: Approve, Moved by Commissioner Lloyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 4 -0. Members voting Aye: Catalena, Cauley, Peters, Wassermann . Members Absent: Mallard. County Auditor and General Fund Reserve Fund Balance -to increase salary for class code 0318 position 1, Assistant County Auditor I from $37,975 to $38,122. This will increase the County Auditor budget by $178 and increase General Fund Reserve Fund Balance by the same amount. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Lloyd Wassermann. Passed. 4 -0. Members voting Aye: Catalena, Cauley, Peters , Wassermann Members Absent: Mallard. County Auditor and General Fund Reserve Fund Balance -to increase salary for class code 0327 position 1, Accounting Assistant III from $37,300 to $37,443. This will increase the County Auditor budget by $173 and increase General Fund Reserve Fund Balance by the same amount. U ® l. 1 1 1 Pg. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 4 -0. Members voting Aye: Catalena, Cauley, Peters, Wassermann . Members Absent: Mallard . Information Technology and General Fund Reserve Fund Balance -to change pay code for class code 1235 position 1, AV- Technician from 014 (Hourly Staff) to 013 (Salary Staff) and change group /step from 17 -4 to 22 -2. This will increase the Information Technology budget by $9,777 and increase General Fund Reserve Fund Balance by the same amount. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy Catalena. Passed. 4 -0. Members voting Aye: Catalena, Cauley, Peters, Wassermann . Members Absent: Mallard. VINE Grant - set up VINE Grant for FY 13 by increasing the revenue for OAG - VINE Program by $29,174 and increasing the Victim Notification line item by $29,174. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 4 -0. Members voting Aye: Catalena, Cauley , Peters , Wassermann . Members Absent: Mallard . Constable Pct. 1 and General Fund Reserve Fund Balance - to create position for Acting Agency Head, Class code 1598, position 1, in Constable Pct. 1 that was approved during Commissioners Court on August 21, 2012. The created position will be paid from October 6, 2012 through January 4, 2013. This will increase the Constable Pct. 1 budget by $19,700 and increase General Fund Reserve Fund Balance by the same amount. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 4 -0. Members voting Aye: Catalena , Cauley , Peters , Wassermann . Members Absent: Mallard. Constable Precinct 4 and General Fund Reserve Fund Balance - to create a full time Deputy position for Constable Pct. 4, class code 1620 position 5, at a group 23 step 2. This will increase the Constable Pct. 4 budget by $65,873 and increase General Fund Reserve Fund Balance by the same amount. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy Catalena. Passed. 4 -0. Members voting Aye: Catalena, Cauley , Peters , Wassermann . Members Absent: Mallard. Capital Improvements and General Fund Reserve Fund Balance - to reallocate funds to allow the purchase of a patrol car for Constable Pct. 4 for the new full time Deputy. This will increase the Capital Improvement budget by $42,000 and increase General Fund Reserve Fund Balance by the same amount. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy Catalena. Passed. 4 -0. Members voting Aye: Catalena, Cauley, Peters, Wassermann . Members Absent: Mallard. Capital Improvements and General Fund Reserve Fund Balance - to reallocate funds to allow the purchase of a vest for Constable Pct. 4 for the new full time Deputy. This will increase the Capital Improvement budget by $700 and increase General Fund Reserve Fund Balance by the same amount. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 4 -0. Members voting Aye: Catalena , Cauley , Peters , Wassermann . Members Absent: Mallard. Vol. No7 P la. Constable Pct. 4 and General Fund Reserve Fund Balance - to create a cell phone allowance for a full time Deputy for Constable Pct. 4, class code 1620 position 5, at a group 23, step 2 . This will increase the Constable Pct. 4 budget by $581 and increase General Fund Reserve Fund Balance by the same amount. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy Catalena. Passed. 4 -0. Members voting Aye: Catalena, Cauley, Peters, Wassermann . Members Absent: Mallard. Constable Pct. 4 and General Fund Reserve Fund Balance - to add funds for clothing /uniforms to support the new full time Deputy. This will increase the Constable Pct. 4 budget by $1,000 and increase General Fund Reserve Fund Balance by the same amount. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy Catalena. Passed. 4 -0. Members voting Aye: Catalena, Cauley, Peters, Wassermann . Members Absent: Mallard. Capital Improvements and General Fund Reserve Fund Balance - to reallocate funds to allow engineers to recommend cost effect method for repairing roofs for the auditorium at the Administration Building, the Lilly Building (which houses Justice of the Peace Pct. 4 and Building Maintenance), and the gymnasium roof at the Juvenile Justice Center. This will increase the Capital Improvement budget by $20,350 and increase General Fund Reserve Fund Balance by the same amount. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Lloyd Wassermann. Passed. 4 -0. Members voting Aye: Catalena , Cauley , Peters , Wassermann . Members Absent: Mallard. SO - Administration and General Fund Reserve Fund Balance - to create position for Deputy Sheriff, Patrol - SO, class code 1415, position 71, Group 21 Step 2, in the Sheriff Office - Administration. This will increase the Sheriff Office - Administration budget by $60,491 and increase General Fund Reserve Fund Balance by the same amount. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 4 -0. Members voting Aye: Catalena, Cauley, Peters, Wassermann . Members Absent: Mallard . SO- Administration and General Fund Reserve Fund Balance - to establish cell phone allowance for Deputy Sheriff, Patrol - SO, class code 1415, position 71, Sheriff Office - Administration. This will increase the Sheriff Office - Administration budget by $581 and increase General Fund Reserve Fund Balance by the same amount. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 4 -0. Members voting Aye: Catalena, Cauley, Peters , Wassermann . Members Absent: Mallard . Juvenile Academy and General Fund Reserve Fund Balance - to reallocate funds to reflect State Supplement TJPC JPO for positions in this department. The state supplement for TJPC JPO will increase $2,861, social security will increase $219, retirement will increase $373, and unemployment will increase $9. The total increase to the Juvenile Academy budget is $3,462 and increase to General Fund Reserve Fund Balance by the same amount Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Lloyd Wassermann. Passed. 4 -0. Members voting Aye: Catalena, Cauley, Peters , Vol. 10_ Pg. 13 Wassermann . Members Absent: Mallard. HAVA - General Compliance - to set up budget for HAVA - General Compliance for Fiscal Year 2013. Amounts were allocated down after the Proposal for FY 13 Budget. The contingency account in this fund will be increased b $5,474 and the reserve fund balance will increase by the same amount. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 4 -0. Members voting Aye: Catalena, Cauley, Peters , Wassermann . Members Absent: Mallard . COPS Technology Grant - to set up budget for COPS Technology Grant for Fiscal Year 2013. Amounts were allocated down after the proposal for FY 13 Budget. The COPS Technology grant will increase by a total of $47,355. The expenditures will increase by the following amounts: . Computer Maintenance -$708 . Equipment - Electronic - $13,541 . Computer - Software - $12,000 . 800 MHZ Communication System - $16,106 Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy Catalena. Passed. 4 -0. Members voting Aye: Catalena, Cauley, Peters, Wassermann . Members Absent: Mallard. County Attorney - Reclassification of Family Violence /Mental Health Coordinator, class code 0515 position 1, from group 13 step 15 to group 15 step 11. No affect to the budget. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 4 -0. Members voting Aye: Catalena, Cauley, Peters, Wassermann. Members Absent: Mallard. Tax Assessor /Collector - to reclassify Staff Accountant - Tax Office, class code 2305 position 1, from group 22 step 2 to group 19 step 8. No affect to the budget. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 4 -0. Members voting Aye: Catalena, Cauley, Peters, Wassermann . Members Absent: Mallard . Capital Improvements and General Fund Reserve Fund Balance - to reallocate funds to allow the purchase of a patrol car for Constable Pct 2. This will increase the Capital Improvement budget by $37,000 and increase General Fund Reserve Fund Balance by the same amount. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 4 -0. Members voting Aye: Catalena, Cauley, Peters, Wassermann . Members Absent: Mallard . District Attorney and General Fund Reserve Fund Balance - to reclassify Investigator Supervisor, Class Code 0419 position 2, from biweekly rate of $2,383.54 to $2,114.08. This will decrease the General fund Reserve Fund Balance by $8,511 and decrease the District Attorney budget by the same amount. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 4 -0. Members voting Aye: Catalena, Cauley, VoL 1 �7 —Pg• 1 Peters, Wassermann . Members Absent: Mallard . District Attorney and General Fund Reserve Fund Balance - to reclassify Investigator Supervisor, Class Code 0419 -3, from biweekly rate of $1,816.42 to $1,992.32. This will increase the District Attorney budget by $5,556 and increase General Fund Reserve Fund Balance by the same amount. Motion: Approve, Moved by Commissioner Lloyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 4 -0. Members voting Aye: Catalena , Cauley, Peters , Wassermann . Members Absent: Mallard . District Attorney and General Fund Reserve Fund Balance - to reclassify Investigative Assistant, class code 0420 position 1, from group 15, step 2 to group 15, step 5. This will increase the District Attorney budget by $2,955 and increase General Fund Reserve Fund Balance by the same amount. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy Catalena. Passed. 4 -0. Members voting Aye: Catalena , Cauley, Peters, Wassermann . Members Absent: Mallard. JP Technology Fund - to decrease JP Technology funds due to more funds being spent in FY 2012 than originally anticipated. This will decrease the JP Technology budget by $6,000 and decrease JP Technology Reserve Fund Balance by the same amount. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by County Judge Duane Peters. Passed. 4 -0. Members voting Aye: Catalena , Cauley , Peters, Wassermann . Members Absent: Mallard. General Capital Improvements Fund - to increase the General Capital Improvement funds not spent in FY 2012. This will increase the General Capital Improvement by $1,200,000 and increase General Capital Improvement Reserve Fund Balance by the same amount. Motion: Approve, Moved by Commissioner Lloyd Wassermann, Seconded by County Judge Duane Peters. Passed. 4 -0. Members voting Aye: Catalena , Cauley, Peters , Wassermann . Members Absent: Mallard. Jain Inmate Holding Remodel - to increase Jail Expansion 2007 Fund for funds not spent in FY 2012. This will increase the Jail Expansion 2007 budget by $1,200,000 and increase Jail Expansion Reserve Fund Balance by the same amount. Motion: Approve , Moved by County Judge Duane Peters, Seconded by Commissioner Lloyd Wassermann. Passed. 4 -0. Members voting Aye: Catalena , Cauley, Peters , Wassermann . Members Absent: Mallard. Commissioners Court & General Fund Reserve Fund Balance - to increase Retiree Health Insurance due to the increase in the number of retirees. This will increase the Commissioners Court budget by $25,000 and increase General fund Reserve Fund Balance by the same amount. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 4 -0. Members voting Aye: Catalena , Cauley , Peters , Wassermann . Members Absent: Mallard. Tax Assessor /Collector and General Fund Reserve Fund Balance - to increase funds for internet access air -cards for 10 a -poll books to be used for early voting in the November 2012 Presidential election. This will increase the Tax Office budget by $300 and Vol. I (-* P 15 increase the General Fund Reserve Fund Balance by the same amount. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 4 -0. Members voting Aye: Catalena, Cauley, Peters , Wassermann . Members Absent: Mallard . Court Support - Civil and Child Representation Office - to reallocate funds to support the creation of the Office of Child Representation Department under the direction of the County Judge. Creation of Attorney, class code TBD position 1, annual salary of $93,001 plus benefits of $28,479. Creation of Executive Assistant, class code TBD position 1, group 18 step 10 with benefits of $18,236. This will create and fund the Office of Child Representation Department budget by $184,838 and decrease Court Support - Civil budget by the same amount. Court Appointed Attorneys in CCL 1 and CCL 2 will be reduced by $18,000 to $52,000, Court Appointed Attorneys in 272nd and 361 st will be reduced by $49,612 and Court Appointed Attorneys - 85th will be reduced by $49,614. Total reduction in Court Support - Civil is $184,838 Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 4 -0. Members voting Aye: Catalena, Cauley, Peters, Wassermann . Members Absent: Mallard . SO -Jail - to change title for Classification Office, class code 1502 position 1, to Detention Officer - Classification to accrue the same vacation hour rate as the Detention Officer position. No affect to the budget. Motion: Approve, Moved by Commissioner Lloyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 4 -0. Members voting Aye: Catalena, Cauley, Peters, Wassermann . Members Absent: Mallard . SO -Jail - to change title for Classification Office, Class code 1502, position 2, to Detention Officer - Classification to accrue the same vacation hour rate as the Detention Officer position. No affect to the budget. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy Catalena. Passed. 4 -0. Members voting Aye: Catalena, Cauley, Peters, Wassermann . Members Absent: Mallard. The Court voted unanimously to adopt the budget with the inclusion of amendments 1 -62 for a total budget amount of $129,323,602 for Fiscal Year 2013. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 4 -0. Members voting Aye: Catalena, Cauley, Peters , Wassermann . Members Absent: Mallard . 7. Resolution 12 -007 levying a tax rate for Brazos County for the Tax Year 2012. Item 7.Ddf The County Judge announced that this year's proposed tax rate exceeds the effective tax rate and made a motion that the property tax rate be increased by the adoption of a rate of 0.485000, which is effectively a 1.89 percent increase in the tax rate. Motion: Approve , Moved by County Judge Duane Peters, Seconded by Commissioner LLoyd Wassermann. Passed. 4 -0. Members voting Aye: Catalena , Cauley, Peters, Wassermann . Members Absent: Mallard. The County Judge then made a motion that the Maintenance and Operations portion of the 2012 Brazos County tax rate be approved at .4071 per $100 of valuation. Vol.J =am-- 1 (e Vol. I Motion: Approve , Moved by County Judge Duane Peters, Seconded by Commissioner Sammy Catalena. Passed. 4 -0. Members voting Aye: Catalena, Cauley, Peters, Wassermann . Members Absent: Mallard . The County Judge made a third motion that the Debt portion of the 2012 Brazos County tax rate be approved at .0779 per $100 of valuation. Motion: Approve, Moved by County Judge Duane Peters, Seconded by Commissioner Irma Cauley. Passed. 4 -0. Members voting Aye: Catalena, Cauley, Peters , Wassermann . Members Absent: Mallard. 8. Salary Merit Award Guidelines for FY 2013. Item 8.odf A copy is attached. Motion: Approve , Moved by County Judge Duane Peters, Seconded by Commissioner LLoyd Wassermann. Passed. 4 -0. Members voting Aye: Catalena , Cauley , Peters , Wassermann . Members Absent: Mallard. 9. Salary Schedule for FY 2013. Item 9.)d A copy is attached. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 4 -0. Members voting Aye: Catalena, Cauley, Peters, Wassermann . Members Absent: Mallard . 10. Consider and possible action regarding a Burn Ban. Motion: Table , Moved by County Judge Duane Peters, Seconded by Commissioner Irma Cauley. Passed. 4 -0. Members voting Aye: Catalena, Cauley , Peters , Wassermann . Members Absent: Mallard. 11. Approval of signature authority for Duane Peters, County Judge, on behalf of Brazos County as an IGT entity, to sign and certify the Regional Health Partnerships (RHP) Region 17 plan. Item 1 i .odf Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 4 -0. Members voting Aye: Catalena, Cauley, Peters, Wassermann . Members Absent: Mallard. 12. Authorization for Sheriff Chris Kirk and Jail Administrator Wayne Dicky to travel out of the state to Norman, Oklahoma to attend training at the National Institute of Corrections Large Jail Network Meeting September 23 -26, 2012. 0 Item 12.odf Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy Catalena. Passed. 4 -0. Members voting Aye: Catalena, Cauley, Peters, Wassermann . Members Absent: Mallard. 13. Payment Authorization to Wingfoot Commercial Tire Systems, LLC in the amount of $613.02 for vehicle tires in the Sheriff's Office; purchase order was not obtained in advance. 0 Item 13.odf Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Vol. 16 7 pg. f 7 Commissioner Sammy Catalena. Passed. 4 -0. Members voting Aye: Catalena, Cauley, Peters, Wassermann . Members Absent: Mallard. 14. Approval of the following Payment Authorizations for the Brazos County Jail: a. Brees/Texas Prisoner Transportation in the amount of $539.93 for inmate transportation 50% attempt pick up fee.b. Scarmardo in the amount of $638.35 for kitchen supplies. 2 1 Item 14.pdf Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by County Judge Duane Peters. Passed. 4 -0. Members voting Aye: Catalena, Cauley , Peters , Wassermann . Members Absent: Mallard . 15. 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. Item 15.pdf Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 4 -0. Members voting Aye: Catalena, Cauley, Peters , Wassermann . Members Absent: Mallard. 16. Agreement for Development and Tax Abatement in Reinvestment Zone Number One (1) for Commercial - Industrial Tax Abatement. Lam- Item 16.pdf The tax abatement with Gunler Foods, Inc. is as follows: Tax Abatement Year Tax Abatement Percentage Year 1 (2012 -2013) 100 Year 2 (2013 -2014) Year 3 (2014 -2015) Year 4 (2015 -2016) Year 5 (2016 -2017) Year 6 (2017 -2018) Year 7 (2018 -2019) A copy is attached. 90 70 60 50 0 0 Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy Catalena. Passed. 4 -0. Members voting Aye: Catalena, Cauley, Peters, Wassermann . Members Absent: Mallard . 17. Annual Peopleware Agreement between Brazos County and Computer Information Concepts, Inc. for maintenance for accounting software for the Tax Office. Item 17.odf A copy is attached. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 4 -0. Members voting Aye: Catalena, Cauley , Peters , Wassermann . Members Absent: Mallard . 18. Facility Use Agreement between Brazos County and the Texas Department of Insurance, Division of Workers' Compensation. ID Item 18.pdf A copy is attached. /- S Vol. '�' PB• l Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 4 -0. Members voting Aye: Catalena, Cauley, Peters, Wassermann . Members Absent: Mallard. 19. Agreement with the Boys & Girls Clubs of Brazos Valley for funding for FY 2013. 0 Item 19.pdf Brazos County will fund the Boys &Girls Clubs of Brazos Valley $45,000, in exchange the Club will provide opportunities for youth to grow as productive citizens through programming and activities. The term shall be for twelve (12) months commencing on the 1 st day of October, 2012 and terminating on the 30th day of September, 2013. A copy is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy Catalena. Passed. 4 -0. Members voting Aye: Catalena, Cauley, Peters, Wassermann . Members Absent: Mallard. 20. Agreement with the Brazos County Emergency Communications District for funding for FY 2013. ID Item 20.pdf Brazos County will fund the Brazos County Emergency Communications District $754,702 in exchange the District will perform emergency communicating services dispatching. The term shall be for twelve (12) months commencing on the 1 st day of October, 2012 and terminating on the 30th day of September, 2013. A copy is attached. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 4 -0. Members voting Aye: Catalena, Cauley, Peters, Wassermann . Members Absent: Mallard . 21. The recommendation of the County's consultant, USI, is as follows for the award of RFP 2012 -46 Employee Insurance:a. Health Insurance- Blue Cross Blue Shieldb. Dental Insurance- Blue Cross Blue Shieldc. EAP- Deer Oaksd. Vision Insurance- UHC or Block Vision (Court must choose one provider) Item 21.pdf The motion included UHC as the provider chosen for item d. This choice was made due to the desire to not disrupt the current list of providers or optometrists. Motion: Approve, Moved by County Judge Duane Peters, Seconded by Commissioner Sammy Catalena. Passed. 4 -0. Members voting Aye: Catalena, Cauley, Peters, Wassermann . Members Absent: Mallard. 22. Request permission to enter private property owned by David Cain located on South Dowling Road. Project will collect survey information along Hopes Creek Tributary for drainage study. This work is being performed for the health, safety and welfare of the general public. Site is located in Precinct 1. Item 22.pdf The only requirement being that the owner be notified if extensive trimming will be needed. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 4 -0. Members voting Aye: Catalena, Cauley, Peters , Wassermann . Members Absent: Mallard . 23. Consider and take action on acceptance of Saddle Creek Subdivision Phases 1, 2 and Vol. —16 pg. ' � _' 7A into the Brazos County road maintenance system; the roads (Saddle Creek Drive, Prairie Dawn Court and High Meadow Trail, Prairie Dawn Trail, Wild Rose Court, Gunoak Trail and Creek Crossing Court) and drainage structures are in compliance with the Brazos County Subdivision and Development Regulations. Site is located in Precinct 1. Item 23.odf Motion: Approve, Moved by Commissioner Lloyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 4 -0. Members voting Aye: Catalena, Cauley, Peters , Wassermann . Members Absent: Mallard . 24. Request permission to enter private property owned by Dr. James Snell located on Andert Road for the purpose of cleaning and re- shaping drainage channel to improve flow. This work is being performed for the health, safety and welfare of the general public. Site is located in Precinct 2. Item 24.odf Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 4 -0. Members voting Aye: Catalena, Cauley, Peters, Wassermann. Members Absent: Mallard. 25. Request from Wickson Creek Special Utility District to construct a 30' road bore in the right of way of Wilcox Lane for placement of a 1 & #189;" encasement pipe with 1 " waterline enclosed (to provide service to address # 4704 Wilcox Lane); pipe will be placed at a minimum depth of 48 ". Site is located in Precinct 2. Item 25.odf Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 4 -0. Members voting Aye: Catalena, Cauley , Peters, Wassermann . Members Absent: Mallard. 26. Consider and take action on the Final Plat of Gunler Addition, 25.00 Acres, Lot 1, Block 1, L. McLaughlin Survey, Abstract No. 38, (Bryan ETJ) Brazos County, Texas. Owner /Developer, Gunler Real Estate, Inc.; Surveyor, Goodwin Lasiter, Inc. Site is located in Precinct 4. Item 26.odf Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 4 -0. Members voting Aye: Catalena , Cauley , Peters , Wassermann . Members Absent: Mallard. 27. Tax Refund Applications for the following: 0 Item 27.odf • a. Jeffery Morris - overpayment - $99.99 • b. Green Tree Servicing- overpayment - $825.09 • c. Donna Bird - overpayment -$6.31 Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 4 -0. Members voting Aye: Catalena , Cauley , Peters , Wassermann . Members Absent: Mallard. 28. Budget Amendments. Budget Amendments FY 11 /12 47.1 thru 47.16 Item 28.odf 47.1 Reallocate funds for Tax Assessor /Collector Vol. pg. go 47.2 Reallocate funds for Constable Precinct 4 47.3 Reallocate funds for District Clerk - Administration 47.4 Transfer funds from General Fund Contingency to Commissioners Court 47.5 Transfer funds from TJPC -Z - Salary Adjustment to Juvenile Services 47.6 Transfer funds from TJPC -Z - Salary Adjustment to Juvenile Services - Detention 47.7 Transfer funds from TJPC -Z - Salary Adjustment to Juvenile Services - Academy 47.8 Transfer funds from TJPC -Z - Salary Adjustment to TYC- Parole 47.9 Transfer funds from TJPC -Z - Salary Adjustment to Juvenile Title IV -E 47.10 Transfer funds from TJPC -Z - Salary Adjustment to Juvenile State Aid 47.11 Transfer funds from TJPC -Z - Salary Adjustment to Juvenile State Aid 47.12 Transfer funds from TJPC -Z - Salary Adjustment to Juvenile State Aid 47.13 Transfer funds from TJPC -Z - Salary Adjustment to Juvenile State Aid 47.14 Transfer funds from TJPC -Z - Salary Adjustment to Juvenile Sate Aid 47.15 Transfer funds from TJPC -Z - Salary Adjustment to TJPC -C Commitment Reduction 47.16 Transfer funds from TJPC -Z - Salary Adjustment to TJPC -C Commitment Reduction Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 4 -0. Members voting Aye: Catalena, Cauley, , Peters, Wassermann. Members Absent: Mallard. 29. Personnel Change of Status. Personnel Action Forms 0 Item 29.pdf A copy of the personnel Change of Status Requests is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by County Judge Duane Peters. Passed. 4 -0. Members voting Aye: Catalena , Cauley, , Peters , Wassermann . Members Absent: Mallard. 30. Payment of Claims. Claims Sheetpdf BILL LIST 09.18.12.1)df 7102169 through 7102402 Motion: Approve, Moved by Commissioner Lloyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 4 -0. Members voting Aye: Catalena, Cauley, , Peters , Wassermann . Members Absent: Mallard . 31. Acknowledgement of the Brazos County Purchasing Department Update for September 7-13,2012. Item 31.odf The Court acknowledged receipt of the Purchasing Department Weekly Update. 32. Sheriff's report on inmate population. Sheriff Chris Kirk stated there were 551 inmates in jail, 63 have electronic monitors and 24 are pending for monitors. 33. Announcement of interest items and possible future agenda topics. Vol. � P8• —=�— There were no announcements. 34. Call for Citizen input and /or concerns. There was no citizen input. 35. Adjourn. Vol. �pg. C;2a.— The foregoing minutes of the Commissioners Court meeting held September 18, 2012 have been examined and are approved in open Court this day of 2012, in Bryan, Brazos County, Texas. Duane Peters County Judge SV= CqAena Commis oner, Precinct 2 Attest: aren McQueen County Clerk Lloyd sermann Commissioner, Precinct 1 Kenny Mallard Commissioner, Pr cinct 3 Vol 167 Page a3 BRAZOS COUNTY COMMISSIONERS MEETING ON Nam PR INT) �� y � � � ■ill / ` I A "A W W, R'd m Fyn I I I ` Vol. BRAZOS COUNTY COMMISSIONERS COURT MEETING ON fy,,.Q�a� �' 2012 AT 0 ' 3 ci* - Nam (PLEASE PRINT) Organization /Department c_ e,or-o� - ��/, Z o�3 Vol. i 6 - 7 pg. BRAZOS COUNTY COMMISSIONERS COURT MEETING ON 2012 AT Na a (PLEAS PRINT) O ganization /Department r � V f 44 3 0�- 3 Vol. I �� Pg.� CERTIFICATE FOR ORDER We, the undersigned County Judge and County Clerk of Brazos County, Texas, (the "County ") hereby certify as follows: 1. The Commissioners Court of the County (the "Commissioners Court") convened in regular session, open to the public, on September 18, 2012 at the meeting place designated in the notice (the "Meeting "), and the roll was called of the members, to wit: Duane Peters, County Judge Lloyd Wassermann, Commissioner; Pct. 1 Sammy Catalena, Commissioner, Pct. 2 Kenny Mallard, Commissioner; Pct. 3 Irma Cauley, Commissioner, Pct. 4 All members of the Commissioners Court were present, except &rI14 M aAAA , thus constituting a quorum. Whereupon among other business, the following was transacted at the Meeting: a written ORDER AUTHORIZING THE 'ISSUANCE' OF `BRAZOS COUNTY, TEXAS CERTIFICATES OF OBLIGATION, SERIES 2012'; AUTHORIZING A PURCHASE CONTRACT AND A PAYING AGENT/REGISTRAR AGREEMENT; AND APPROVING OTHER MATTERS RELATING THERETO (the "Order ") was duly introduced for the consideration of the Commissioners Court. It. was then duly moved and seconded that the Order be finally passed and adopted; and after due discussion, such motion, carrying with it the adoption .of the Order prevailed and carried by the following vote: YES:. 4 NOES.:0 ABSTENTIONS: O . 2. A true, full, and correct copy of the Order adopted at the Meeting is attached to and follows this Certificate; the Order has been duly recorded in the Commissioners Court's minutes of the Meeting; the above and foregoing paragraph is a true, full, and correct excerpt from the Commissioners Court's minutes of the Meeting pertaining to the adoption of the Order, the persons named in the above and foregoing paragraph are duly chosen, qualified, and acting officers and members of the Commissioner Court as indicated therein each of the officers and members of the Commissioners Court was duly and sufficiently .notified officially and personally, in advance, of the time, place, and purpose of the Meeting, and that the Order would be introduced and considered for adoption at the Meeting and each of such officers and members consented, in advance, to the holding of the Meeting for such purpose,; and the Meeting was open to the public, and public notice of the time, place, and purpose of the Meeting was given, all as required by Chapter 551, Texas Government Code, as amended. 3.. Karen McQueen is the duly appointed and acting County- Clerk of the County. SIGNED AND SEALED this September 18, 201 County Judge SEAL) Vol. i � / p9- y. , CERTIFICATE FOR ORDER - We, the undersigned County Judge and County Clerk of Brazos County, Texas. (the "County ") hereby certify.as follows: . 1. The Commissioners Court of the County (the "Commissioners Court") convened in regular session, open to the public; on September. 18, 2012 at the meeting place designated in the notice (the "Meeting "), and: the roll was called of the members, to wit: Duane Peters, County Judge Kenny Mallard, Commissioner, Pct. 3 Lloyd Wassermann, Commissioner, Pct. l Irma Cauley, Commissioner, Pct. 4 Sammy Catalena, Commissioner, Pct. 2 All members of the Commissioners Court were present, except m d, R drd , thus constituting a quorum. Whereupon among other business, the following WAS transacted at the Meeting: 'a written ORDER AUTHORIZING THE ISSUANCE OF `BRAZOS COUNTY, TEXAS LIMITED TAX REFUNDING BONDS, SERIES 2012 ", .AUTHORIZING AN ESCROW AGREEMENT, A PAYING AGENT/REGISTRAR AGREEMENT, AND A PURCHASE CONTRACT; AND AUTHORIZING OTHER. MATTERS RELATED THERETO (the "Order ") was duly introduced for the consideration of the Commissioners Court. It was then duly moved and seconded that the Order be finally passed and adopted; and after due discussion, such motion, carrying with it the adoption of the Order prevailed and carried by the following vo YES: 1 ' NOES:, ABSTENTIONS: 0 2. A true; full, and correct copy of the Order adopted at the Meeting is attached to and follows this Certificate; the Order has been duly recorded in the Commissioners Court's minutes of the Meeting; the above and foregoing paragraph is a true, full, and correct excerpt from the Commissioners Court's minutes of the, Meeting pertaining to the adoption of the Order; the persons named in the above and foregoing paragraph are duly chosen, qualified, and acting officers and members of the Commissioners Court as indicated therein; each of the officers and members. of the Commissioners Court was duly and sufficiently notified officially and personally, in advance, of the time, place, and purpose of the Meeting, and that the Order would be introduced and considered for adoption at the Meeting and each of such officers and members consented, in advance, to. the holding of the Meeting for such purpose; and the Meeting was open to the public and public.'notice of the time, place, and purpose of the Meeting was given, all as required by Chapter 551, Texas Government. Code, as amended. 3. Karen McQueen is the duly appointed and acting County Clerk of t unty. SIGNED AND SEALED this September 18 201 o A Cler r County Judge SSIONERS COURT SEAL) (P - 7 p ay BRAZOS COUNTY RESOLUTION LEVYING A TAX RATE FOR THE COUNTY OF BRAZOS FOR THE TAX YEAR 2012 WHEREAS, the Commissioners Court is responsible for the levy or adoption of a tax rate for Brazos County, NOW, THEREFORE, BE IT RESOLVED that the Commissioners Court of Brazos County, Texas does hereby levy or adopt the tax rate on $100 of valuation for the County of Brazos for the tax year 2012 as follows: $0.4071 for the purpose of maintenance and operations 0.0779 for the payment of principal and interest on county debt $0.4850 Total Tax Rate THIS TAX RATE WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR'S TAX RATE. BE IT FURTHER RESOLVED that the Tax Assessor - Collector is hereby authorized to assess and collect the taxes of Brazos County in accordance with the above set rate. ADOPTED this the )r day of September, 2012. Duane Peters, County Judge onp j issioner, Precinct 1 Kenny Mallard, Commissioner, Precinct 3 , Precinct 2 is ey, Commissjaff* Precinct Attested: i a /KNren McQ ee , jo�ty� - • -- Vol. 1 6 7 Pg. � Res, 12 -007 BRAZOS COUNTY, TEXAS FY 2013 MERIT DISTRIBUTION PAYOUT GUIDELINES MERIT PAY Periodically during the budget cycle Commissioners' Court may provide to all operating divisions, funds to be used by the elected official and /or department head for the sole purpose of employee merit pay. The merit pay pool for each depa ment provides the elected official and /or department head the opportunity to reward those employees within their depart= nt for outstanding performance. The following guidelines are to be followed by all elected officials and /or department heads with implementing the use of merit pay increases for Fiscal Year 2013: 1. To be eligible to receive merit funds from the merit pool an employee must be employed with the County for six (6) months. 2. Deadline for submission on Commissioner's Court agenda from the merit pool is Tuesday, June 25, 2013. After June 25th, no further monies will be distributed from this pool for merit pay. 3. All merit pay requests must be made using the current group and step chart approved by Commissioner's Court (e.g. all request must be based on the step increases provided for the group in which the employee is currently classified); 4. Merit may not be used to increase an employee's salary over the salary cap for their position. Currently, the salary cap within each group is a step 15; 5. Employees, who are on group and step, cannot be increased by more than 2 steps. Employees, who are not on group and step, salaries cannot be increased by more than 5%* 6. All merit pay will be based on an annualized basis regardless of what the effective date of the distribution of the merit pay; 7. At no time during the year may the elected official and /or department head, under the direction of Commissioner's Court, use funds available in the merit pool for the department to increase the elected official orl head's salary. However, Commissioner's Court may use a portion of the merit funds to increase the 'department head's salary for those department heads under their direction; 8. Once the elected official and /or department head has chosen the position(s) to receive a merit, a memo should be submitted to the Budget Office requesting a Position Control Change Annual Salary Workup for 13. Items to be included in the memo are the following Information; a. Position Name, Class Code and Position, Budgeted Group /Step, and Requested Step. Employees, who are not on Group /Step, please list the percentage of increase or dollar amount. 9. Once elected official and /or department head has reviewed the increase provided by the Budget Office, they then must submit a Personnel Action Form (PAF) to Human Resources (HR) to be added to the upcoming Commissioner's Court Agenda for approval. Increases will take effect at the beginning of a pay period and not mid Pay period. 10. If the total department merit goes over what was awarded, the County will support pa Ling on y if it is $50.00 or below. APPROVED ;L— Duane Peters Date County Judge Pg. :i i t'. i� f. ff O z z �Q } r J QQ C) Y N' L6 0 L N u N M f N m n m aa �p p�A p ry H � 4�p=1 ^ 1f7 a lX W O Am INS• ♦�M S � S p q': S . a�N �p a 4 r A S A M fy4/ x Alm Av ry mm�m4m N %a 4 � ^ •� �O m ? (p f Y VV 2 X29 0 " O� (s �i of f v few t0- O O a W 1f7 Nr mN r :2 m n. l7 O ' Of r m — �n pppp M I�m M mmoo m�ppp W Q N �y N ' NR� ' NNS �[VN� �NI+f� ' HMS ' lrl Pf� I� N � V! 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L' a d O y O e r N Vol. k I N ' BRAZOS COUNTY SURPLUS AUCTION - 8/29/2012 UNCLAIMED LOTS LOT # DECRIPTION 27 APROXIMATELY 5 SMALL DESKS/TABLES 36 BOX OF CORDLESS PHONES AND DESK PHONES y 1 pQ � ' V%jl. - - AGREEMENT FOR DEVELOPMENTAND TAX ABATEMENT IN REINVESTMENT ZONE NUMBER ONE (1 ) FOR COMMERCIAL— INDUSTRIAL TAX ABATEMENT, BRAZOS COUNTY,' STATE OF TEXAS § COUNTY OF BRAZOS § This Agreement for Development and Tax Abatement in Reinvestment Zone Number One (1) for Commercial — Industrial Tax Abatement, Brazos County, Texas ( "Agreemenf) is entered into by and between BRAZOS COUNTY, TEXAS, a political subdivision of the State of Texas, acting herein by and through its duly elected Commissioners Court, (hereinafter referred to as "COUNTY"), and GUNLER, INC., a Florida corporation, GUNLER FOODS, INC., a Florida corporation, and GUNLER REAL ESTATE, INC., a Texas corporation (hereinafter collectively referred to as "OWNER "). WITNESSETH: WHEREAS, COUNTY ordered ( "Order") the designation of Tax Abate ent Reinvestment Zone No. 1 (" Zone "), for commerciallndustrial tax abatement, as authorized by the Property Redevelopment and Tax Abatement Act, Chapter 312 of the Texas Tax Code, as amended ( "Tax Code "); and, WHEREAS, Brazos County, Texas is authorized under Chapter 312, Tax Code, to participate in a reinvestment zone created within the COUNTY; and, WHEREAS, the Brazos County Commissioners Court has adopted guidelines for tax abatement ( "Tax Abatement Guidelines "); and, WHEREAS, the Tax Abatement Guidelines contain appropriate guidelines and criteria concerning tax abatement agreements to be entered into by the COUNTY as contemplated by the Tax Code; and, WHEREAS, the COUNTY has adopted a resolution stating that it elects tc be eligible to participate in tax abatement (the "Resolution "); and, WHEREAS, in order to maintain and enhance the commercial and industrial economic and employment base of Brazos County, Texas, it is in the best interests of the taxpayers for the COUNTY to enter into this Agreement in accordance with said Order, the Tax Abatement Guidelines and the Tax Code; and, WHEREAS, OWNER owns real property described in Exhibit "A" and intends to construct certain contemplated improvements described herein ( "Improvemente); a nd, WHEREAS, OWNER'S development efforts described herein will create permanent new jobs in the COUNTY; and, WHEREAS, the Brazos County Commissioners Court finds that the contemplated use of the Premises (hereinafter defined), and the contemplated Improvements to the Premises thereto in the amount set forth in this Agreement, and the other terms hereof are consistent with encouraging development of the Zone in accordance with the purposes for its creation and /or in compliance with the Tax Abatement Guidelines, the Resolution adopted by the COUNTY, the Tax Code and all other applicable laws; and, WHEREAS, the Brazos County Commissioners Court finds that the Improvements sought are feasible and practicable and would be of benefit to the Premises to be included in the Zone and to the COUNTY after expiration of this Agreement; and, WHEREAS, the COUNTY desires to enter into an agreement with OWNER, being owner of Tangible Personal Property (hereinafter defined), within the Zone for the abatement of taxes pursuant to Chapter 313 of the Tax Code as amended; NOW, THEREFORE, in consideration of the mutual benefits and promises contained herein and for good and valuable consideration, th adequacy and re ipt V 7 Pg. Vol. of which is hereby acknowledged, including the expansion of primary employment the attraction of major - investment in the Zone, which contributes to the economic development of Brazos County and the enhancement of the tax base in the COUNTY, the parties agree as follows: 1. The real property on which the real property Improvements, personal prop rty and equipment to be abated pursuant to this Agreement will be situated, is a tract o Year (2013) land located within Brazos County and within the Zone, consisting of approximately 25 acres of land, and being more particularly described by metes and bounds in Exhi it "A" attached hereto and made a part hereof for all purposes ( "Land "). Year 4 (2015) 2. OWNER for the Property shall construct, or cause to be constructed, thereon a consumer products production and distribution facility having an initial minimum size of 110,000 sq. ft. (and other ancillary facilities such as reasonably required parking Year (2017) and landscaping) and any additions or expansions thereof as further described her in. 3. The approximate location of the initial real property Improvements shall be depicted on a site plan or diagram attached to this Agreement as Exhibit "B ". The Land and all Improvements constructed thereon, including those initially constructed and any expansion thereof will be hereinafter referred to as "the Premises ". 4. The Premises are not in an improved project financed by tax increment bonds. 5. This Agreement is entered into subject to the rights of the holders of outstanding bonds of the COUNTY. 6. The Premises are not owned by any member of the Bryan City Council or ny member of the Bryan Planning and Zoning Commission or Brazos County Commissioners Court, or any member of the governing body of any taxing units joir ing in or adopting this Agreement 7. For the purposes of this Agreement, the term "Tangible Personal Property" si all mean tangible personal property, equipment and fixtures, other than inventory or supplies, owned and /or leased by OWNER and added to the Premises subsequent to the execution of this Agreement TAX ABATEMENT AUTHORIZED 8. This Agreement is authorized by Chapter 312 of the Texas Tax Code and in accordance with the County Tax Abatement Guidelines, and approved by the Commissioners Court of the COUNTY authorizing the execution of this Agreement 9. The period of tax abatement herein authorized shall be for a period of five (5) years, unless sooner terminated. 10. During the period of tax abatement herein authorized, OWNER shall be subject to all COUNTY taxation not abated or otherwise exempt. 11. COUNTY hereby grants to OWNER, a partial exemption from ad valor am taxation on the Premises plus the Tangible Personal Property ( "Facility") as set forth in this Section, subject to all of the terms and conditions contained in this Agreement ( "Abatement"). The Abatement during each tax year covered by this Agreements all be computed by taking a percentage of the increase in value of the Facility on January 1st of each tax year over the value on January 1st of 2012 which is the year tiis Agreement was executed by OWNER and COUNTY. The Abatement percentages re as follows: Tax Year Tax Abatement Percentage Year 1 (2012) (2013) 100 Year (2013) (2014) 90 Year 3 (2014) (2015) 70 Year 4 (2015) (2016) 60 Year 5 (2016) (2017) 50 Year (2017) (2018) 0 Vol. I 19 p 3-7 Year 7 (2018) (2019) 0 The COUNTY shall give an Abatement of 100% of the appraised valuation of the Premises for Year 1. In Year 2, the COUNTY shall give an Abatement of 90% of the appraised valuation of the Premises. In Year 3, the COUNTY shall give an Abatement of 70% of the appraised valuation of the Premises. In Year 4, the COU 14TY shall give an Abatement of 60% of the appraised valuation of the Premises. In Ye r 5, the COUNTY shall abate 50% of the appraised valuation of the Premises. In Yea s 6 and 7, the COUNTY shall abate none of the appraised valuation of the Premises. For purposes of this section, the value of the Land was $171,700 on January 1, 2012. For purposes of this section, the personal property and equipment to be abated had a value of $0.00 on January 1, 2012 because it was not situated on the Prem ses on that date. REQUIREMENTS 12. All of the following obligations of OWNER form the consideration for COUNTY entering into this Agreement a. OWNER shall construct a consumer products production and distribution facility on the Premises with an initial minimum size of 110,000 square feet, and the valuation of the Facility, which shall include the consumer production and distribu 'on facility and may also include any expansions thereof on or other Improvements on the Premises, as described in paragraph 21 hereof, shall be $15,000,000.00 in valuE as established by the Brazos County Appraisal District, by December 31, 2014, The Owner must maintain a valuation on the Premises of at least $15,000,00(.00 throughout the remaining term of the Agreement The Brazos County Appraisal District shall determine the value of all real and personal property during the term of this Agreement b. A schedule of current estimates for Tangible Personal Property shall be attached as Exhibit "C" hereto and made a part hereof for all purposes no later Man thirty days following the execution of this Agreement. c. The OWNER shall: (i) attain a payroll in calendar year 2013 of not less tan $4,600,000.00 (inclusive of benefits and, for purposes of illustration, based upon ne hundred fifty (150) employment positions); (ii) increase their calendar year 2 15 payroll to not less than $5,600,000.00 (inclusive of benefits and, for purpose of illustration, based one hundred eighty (180) employment positions); and, (iii) incre se their calendar year 2017, payroll to not less than $6,200,000.00(inclusive of ben fits, and, for purposes of illustration, based upon two hundred (200) employment positions). Such payroll shall be maintained at the year three (3) level of $6,200,000.00 throughout the remainder of term of this Agreement 13. The term of the Agreement shall be seven (7) years from the date of execution of the Agreement. 14. OWNER agrees that the site plan, exterior design drawings, specifications and materials (hereinafter referred to as "Plans ") for the Improvements will be submitted to COUNTY for review not later than thirty (30) days following the execution of this Agreement. Upon acceptance of the Plans by the COUNTY, the Plans shall become a part of this Agreement and incorporated hereto at Exhibit "B" An official set of Plans will be kept on file with the COUNTY. 15. OWNER agrees to occupy the Improvements (except as otherwise permitted under Paragraph 34 hereof) and locate Tangible Personal Property on the Premises. Nothing in this Agreement shall obligate OWNER to construct the Improvements on the Land, nor obligate OWNER to occupy the Improvements, and /or to locate Tang ble Personal Property on the Premises but said actions are a condition precedent to Pg• 3 g Vol. Abatement pursuant to this Ag 16. OWNER shall keep the Premises insured against loss or damage .by fire or any other casualty at full replacement value by purchasing insurance. OWNER s all. furnish a certificate of insurance to the COUNTY. 17. OWNER shall submit written notice to .COUNTY within ninety (90) days z fter the Premises are materially damaged by fire or any other casualty. The notice s all either set forth the dates OWNER will commence and: complete the repair, remode ing or renovation of the damaged Premises or state that OWNER will not undertake sLich repair, remodeling or renovation. If OWNER notifies COUNTY that it will not undertake repair, remodeling or. renovation of the damaged Premises, or if OWNER fails, to complete the repair, remodeling or renovation by the completion date set forth in OWNER's notice to COUNTY, then COUNTY shall terminate this Agreement and COUNTY shall recapture from OWNER all property tax revenue COUNTY has lost s a result of this Agreement as required .by Section 312.205(a)(4) of the Tax Code. 18. OWNER agrees to provide COUNTY and its designees .access to the Premises during regular business hours throughout the term of this Agreement for the purposes of inspection and examination of books, records, construction, workman hip, materials, and installations to determine that OWNER has complied with any requirement of this Agreement to inspect the Improvements at reasonable times and with reasonable notice to OWNER, and in accordance with OWNER'S visitor a ess and security policies. 19. OWNER agrees that COUNTY assumes no liability or responsibility by approving plans, issuing building permits or making inspections in the event there is a defect in the Improvements constructed on the Premises. The relationship betA COUNTY, OWNER and any taxing unit shall not be deemed to be a partnership or joint venture for purposes of this Agreement 20. OWNER shall indemnify, hold harmless and defend COUNTY, its emplo ees, officials, and agents from and against any and all obligations, claims, suits, dem nds and liability or alleged liability, including costs of suit, attorney's fees, darric ges, judgments, or settlements -and related expenses arising in any mannerfrom OWN R's construction, use and operation of the Premises. 21. OWNER agrees to pay °all ad valorem taxes and assessments (exce t as 'abated pursuant to this Agreement or otherwise exempt) owed to COUNTY p6 r to such taxes and /or assessments becoming delinquent. OWNER shall have the ri ht .to contest in good faith the validity or application of any tax or assessment and hall not be considered in default hereunder so long as such contest is diligently pursu d to completion. In the event that OWNER contests such tax or assessment all uncontested taxes and assessments shall be promptly paid to. COUNTY prior to delinquency.. If OWNER undertakes any such contest, it shall notify COUNTY and keep COUNTY apprised of the status of such contest Should OWNE be unsuccessful in any such contest, OWNER shall promptly pay all taxes, penalties and interest resulting therefrom. CONSTRUCTION OF THE. IMPROVEMENTS 22. As a condition , precedent to the initiation of Abatement pursuant tc this .Agreement, OWNER will diligently and faithfully, in good and workmanlike ma ner,. pursue the completion of the contemplated Improvements on or before Decemb r 14, 2015, as good and valuable consideration for this Agreement, and that all cons ction of the Improvements will be in accordance with all applicable state and local laws, codes, and regulations, (or valid waiver'thereof); provided, that OWNER shall have such additional time to complete and maintain the Improvements as may be re uired in the event of "Force Majeure,° if OWNER is diligently and faithfully pu uing completion of the Improvements. For the purposes of this Agreement, the term " orce MajeuW' shall mean any contingency or cause beyond a reasonable con of of Y OWNER including, without limitation acts of God or the public enemy, war, riot, civil .- commotion, — insurrection, - adverse weather, govemment or facto govemme tat • -•- -- - - action (unless caused by acts or omissions of OWNER), fires, explosions or floods, strikes -, slowdowns or work stoppages. 23. OWNER agrees to. maintain the Improvements during the term of this Agreement in accordance with all applicable state and local laws, codes, and regulations (or valid waiver thereof). OWNER agrees that the Improvements shat be used to, support consumer products production and distribution for the, term of this Agreement 24. The COUNTY, its agents and employees shall have the right of access to the Premises during construction to inspect the Improvements at reasonable times and with reasonable notice to OWNER, and in accordance with OWNER'S visitor access and security policies, in order to insure that the construction of the Improvements are. in accordance with. this Agreement and all applicable state and local laws nd regulations (or valid waiver thereof). GENERAL REQUIREMENTS 25. Site plans for the Improvements constructed on the Premise will be filed with the .COUNTY, which shall be. deemed incorporated by reference herein and made a part hereof for all purposes. 26. After completion of the Improvements, OWNER shall certify in writing to the COUNTY the construction cost of the Improvements. 27. OWNER shall, prior to March 1 of each calendar year, certify in writing . t o the COUNTY or its designated agent that it is in compliance with the Agreement 28. The Premises shall be used in the ,manner that is consistent with the general purposes of encouraging development or redevelopment the Zone. 29. OWNER agrees to continuously occupy the Improvements for a pedoo of Seven (7) years commencing the Year.1 of Abatement, except as otherwise perm tte l under Paragraph 33 hereof. DF- FAULT* RECAPTURE OF ABATED TAX 30. In the event OWNER (f) fails to complete the Improvements in accordance with this Agreement; (ii) has delinquent ad valorem or sales taxes owed to the COUNTY (provided such party retains its right to timely and properly protest such _ taxes or assessment); (iii) has an "Event of Bankruptcy or Insolvency"; or (iv) breaches a y of the terms and conditions of this Agreement, then such party, after the expiration of the notice and cure periods described below, shall be in default of this Agreement (the "Defaulting Party"). As liquidated damages in the, event of such default, the OWNER shall, within thirty (30) days after demand,, pay to the COUNTY all taxes which otherwise would have been paid to the COUNTY without benefit of a tax abatement with interest at the statutory rate for delinquent taxes as determined by Section 33.01 of the Tax Code, as amended. The parties acknowledge that actual damages in the event of default termination would be speculative and difficult to determine. The pa rties further agree that any abated tax, including interest as a result of this Agreement, shall be recoverable against the OWNER, their respective successors and assigns and shall constitute a tax lien on the Premises and /or the Tangible Personal Property, as the case may be, shall become due, owing and shall be paid to the COUNTY within thirty (30) days after default or termination of this Agreement For the purposes of this Agreement the term "Event of Bankruptcy or Insolvency" shall mean that (i) OWNER, on a consolidated basis, admits in writing its inability to pay its debts as they become due, subject to applicable grace periods, or commences any Insolvency Proceeding (as hereinafter defined) with' respect to itself, (ii) any involuntary Insolv ncy Proceeding is. commenced or filed against OWNER or any of its material subsidig vies, and -any such proceeding or petition shal[not be dismissed within one hundred . enty (120) days. after commencement or filing; or (iii) OWNER or any of its ma rial subsidiaries acquiesces in the appointment of a receiver, trustee, custo ian, l Pg. Vo�. conservator, liquidator, mortgagee in possession (or agent therefor), or other similar person for itself or a substantial portion of its property or business. "Insolvency Proceeding" means (a) any case, action or proceeding before any court or o1her governmental authority relating to bankruptcy, reorganization, insolvency, liquidat on, receivership, dissolution, winding -up or relief of debtors, or (b) any general assignment for the benefit of creditors, composition, marshaling of assets for creditors, or other, similar arrangement in respect of its creditors generally or any substantial portion of its creditors; in each case in (a) and (b) above, undertaken under U.S. Federal, state or foreign law, including the United States Bankruptcy Code. 31. Upon breach by OWNER of any obligations under this Agreement, the COUNTY shall notify the OWNER in writing. OWNER shall have thirty (30) days from receipt of the notice in which to cure any such breach. A NNUAL APPLICATION FOR EXEMPTION: REN DITION 32. It shall be the responsibility of the OWNER, pursuant to the Tax Code, to file annually the Application for Property Tax Abatement Exemption, the current form of which is attached hereto as Exhibit "E ", which the eligible taxable property has sit s. A copy of the exemption application shall upon written request be submitted to the COUNTY. 33. OWNER shall annually render the value of the Improvements and the Tangible Personal Property to the Brazos County Appraisal District and upon written request provide a copy of the same to the COUNTY. SUCCESSOR AND ASSIGNS 34. This Agreement shall be binding on and inure to the benefit of the pa rti s to it and their respective heirs, executors, administrators, legal representa ves, successors, and permitted assigns. OWNER shall not assign this Agreement wi the COUNTY. If OWNER assigns this Agreement wi out out out the written approval of written approval of the Brazos County Commissioner's Court, this Agreement terminate immediately and the partial abatement of taxes on personal property and equipment provided for herein shall cease from the date such unauthorized assignment occurred. S[_FLLoNE0U5 M11 Severability If any provision of this Agreement is held to be illegal, inva id or 35. unenforceable under present or future laws effective while this Agreement is in E ffect, such provision shall be automatically deleted from this Agreement and the le ality, validity and enforceability of the remaining provisions of this Agreement shall not be affected thereby, and in lieu of such deleted provision, there shall be added aspart enforceable and that is as similar of as this Agreement a provision that is legal, valid and possible in terms and substance as possible to the deleted provision. d in 36. Texas law to apply This Agreement shall be construed under a Texas and the obligations of the parties accordance with the laws of the State of created hereunder are performable by the parties in Brazos County, Texas. Venue for any litigation arising under this Agreement shall be in a court of appropriate jurisdiction in Brazos County, Texas. Sole Agreement. This Agreement constitutes the sole and only Agreement of 37. the parties hereto respecting the subject matter covered by this Agreement or oral agreements between and the supersedes any prior understandings or written parties. 38. Amendments No amendment, modification or alteration of the terms hereof shall be binding unless the same shall be in writing and dated subsequent to th date hereof and duly executed by the parties hereto. Cumulati ve. The rights and remedies provided y this 39. giahts and Remedies Agreement are cumulative and the use of any one right or remedy by either paM shall not preclude or waive its right to use any and all other legal remedies. Said righ s and remedies are provided in addition to any other rights the parties may have bf law, statute, ordinance or otherwise. No Waiver COUNTY's failure to take action to enforce this Agreement in the 40. 1 - 7 P l Vol. _ event of OWNER's default or breach of any covenant, condition, or stipulation he on one occasion not*be treated - as - a waiver and shall not COUNTY taking action to enforce this Agreement on subsequent occasions. 41. Notices COUNTY and OWNER hereby designates the following individ to receive any notices required to be submitted pursuant to the terms of Agreement COUNTY OWNER Duane Peters Erick Garcia Brazos County Judge Gunler, Inc. Brazos County Gunler Real Estate, Inc. 300 East 26"' Street Gunler Foods, Inc. Bryan, Texas 77805 9595 Six Pines Dr., Building 8 Suite 8210 The Woodlands, 77381 42. incorporation of Recitals. The determinations recited and declared in preambles to this Agreement are hereby incorporated herein as part of Agreement 43. Incoporation of Exhibits. All exhibits to this Agreement are incorpor herein by reference for all purposes wherever reference is made to the same. 44. Duplicate Originals. The parties hereto have executed this Agreeme duplicate originals, each of equal dignity. Each party has stated the execution below the signature of its authorized representative. If the parties sign this Agreei on different dates, the later date shall be the effective date of this Agreement f: purposes. In witness whereof the parties have executed this Agreement to be effective the date of the last party's execution: I�L n BRAZOS COUNTY, TEXAS By: Duane Peters, County Judge Date: IO 0 0 Effe 've Date of Agreethent GUNLER, INC. (a Florida corporation) GUNLER REAL ESTATE, INC. (a Texas corporation) JOYCE M.LAPEE MY COMMISSION EXPIRES May 19, 2013 in gals this the this ated it in Date nent r all ,s of Pg. Vol. 1 `� a By: Name: at c %, Title: \ Date: za % Z GUNLER REAL ESTATE, INC. (a Texas corporation) JOYCE M.LAPEE MY COMMISSION EXPIRES May 19, 2013 in gals this the this ated it in Date nent r all ,s of Pg. Vol. 1 `� a Z GUNLER FOODS, INC. — -- -- -- - -- — a Florida - co oration By: Name: TMe: Dater EXHIBIT "A" PROPERTY .DESCRIPTION Fieldnote Description to 25.00 Acres L. McLaughlin Survey, A .38 Brazos County, Texas G unler, Inc. Development —Tract One 7 3i`•'��'"e -; V JOYCE M. LAPEE MY COMM;5SION FXPRES I. May 19. 2 ,013 Fieldnotes to all that certain lot, tract, or parcel of land, situated in the L. McLaughlin Survey, 38, Brazos County, Texas, being 25.00 acres, more or less, and being a part of a called 191.81 acre tract described in a deed dated April 4, 2009,. from M. D. Wheeler, LTD.. to City of Bryan and Brazos County Economic Development Foundation, Inc., and recorded in Volume 9045, Page 76 (document no. 01025732), Deed Records, Brazos County, Texas, to which reference is hereby made to for any and all purposes. Said tract described as follows, to wit: COMMENCING at a point in the southwestern right of way of State Highway 6 for the no hern corner of the referenced tract. From said point a pipe fence corner post bears N67 0 22 3.66 feet (record call is N80 3.3 feet). Thence along said southwestern right of way a d the northeastern line of the referenced tract, as follows; S61 °34'12 "E 421.82 feet to the beginf ing a curve to the right, along the arc of said curve in a southeastern direction (CA =09 0 3 , 00 ", R= 2814.79 feet, LC =S56 "4T42 "E 468.62 feet) at 469..16 feet a point for the end of said curve, and S52 0 01'12 "E, passing at 0.76" feet a 5/8' iron rod found for reference, a total dista a of 281.44 feet a 1/2 inch iron rod capped *Goodwin Lasiter" set for the Point of Beginning; THENCE SOUTH 52 EAST 565.07 feet, continuing along said right of way an the northeastern line of the referenced tract, to a 1/2 inch iron rod capped "Goodwin Lasker" set for this. eastern cornea and the northern corner of another 25.00 acre tract, Tract. Two, described this same date; THENCE SOUTH 41 WEST 1948.84 feet, across the referenced tract and wit the northwestern line of said Tract Two, to a 112 inch iron rod capped "Goodwin Lasker" set in the southwestern line of the referenced tract and the northeastern right of way of the of acific Railroad (called as a 100 foot wide R.O.W.) for this southern corner and, the western con ler of said Tract Two. From said point a 4 "x4" concrete monument found for reference to the sot thern corner of the referenced tract bears S48 2405.69 feet.and N50°24'58 "E 3.51 feet;. THENCE NORTH 48 0 24 7 54" WEST 563.95 feet, with the southwestern fine of the refer nced tract and said northeastern right of way, to a 1/2 inch iron rod capped "Goodwin Lasiter" et for this western corner; THENCE NORTH 41 °35'06" EAST 1913.31 feet, across the referenced tract, to the Pint of Beginning and containing. 25.00 acres, more or less. As shown on the accompanying s rvey plat of.even'date herewith. EXHIBIT "B" PLANS Vol. (A7 pg. i k; j. 1l1. it EXHIBIT 41col SCHEDULE OF EQUIPMENT AND PERSONAL PROPERTY 7 's EXHIBIT "D" WITH AGREEMENT FOR COMMERCIAL - INDUSTRIAL TAX STATEMENT OF COMPLIANCE pg. ABATEMENT WITH - GUNLER, INC. IN BRAZOS COUNTY REINVESTMENT ZONE ONE (1) THE STATE OF TEXAS §. COUNTY OF BRAZOS § ("OWNER ") hereby certifies any improvements on the Property, as called the above referenced Agreement, have been completed and constructed in every material re pursuant to said: Agreement. Owner further ce rtifies that they have complied with every appli material term of said Agreement. Signed this day of '20—. in ct BY: ITS: Any above{tescdbed improvements have been accepted by the Brazos County, Tex s .as having been constructed in. compliance with the above referenced Agreement, and that pursuant to said Agreement the partial exemption'from taxation shall commence on January 1, 20_ continuing through the year 20_, which will be the last year that the property will be entitled to exemption from taxation in accordance with this Agreement, and that the taxable value of the Premises for such period of time shall be the taxable value as finally determined, following any applicable contests and appeals, by the Brazos County Appraisal District on January 1 of each year of the term of the Agreement. Signed this day of , 20_, ATTEST: BRAZOS COUNTY, TEXAS By: Brazos County Clerk Brazos County Judge EXHIBIT'E" APPLICATION FOR PROPERTY TAX ABATEMENT EXEMPTION VOL-,g ';7k} � hl f+l nvtan ..,, lm s•ry - 't APPLICATION FOR PROPERTV TAX ABATEMENT EXEMPTION urn.e. • rrnn ...� ... o nr..ar Thla application Coven prep erw yap ---d en January t of Iwm pear. Vbu must Ale the eampleied nppllaalion between - January I and Apra 3a of this V." as wn to ."Inch any addklonal docu re"So requealod. mu /dual apPly IW Ohla awomoUOn every year, h vAa not be "aunsncayy maeured. 62.0,1: darn. and n.ts. m.I• arwew add-as - -a 1Lnv of n�..,n 1„w.r'.y IN. WV.e.Ia anwr 14nn41•,vlo-•Cl r e Co-!,Il,.�,le ,w t. h ' aerel Ivirlr•ry IN+,ee'. __ __ _ •• M a«nr I_, IMriduW QA.. -i.kn Ejr --Mbn r- j 11p!ryo<II GOtOMwI•an r l.e.xhvW step a: Lgel MVw+bM -- - -- nrnn Poeedbo lta .rMn.learirr .'•+.+• +r .rl +nn +u!1 ��� p you applied PM..n unl IF+! 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A{.negr^ prn.MYnMriMMI Minn In n \c ivii\ CLJENT F DEVELOPMENT FOUNDATION\Gunler\Tax Abatement AgreemenLdoc Page Vol. �� pg. -- - - - ANNUAL--- P--EOPLEWARE- AGREEMENT_ - -- . - THIS AGREEMENT is made and entered into as of October 1, 2012, by and between Computer Information Concepts, Inc. 2843 31 Avenue Greeley, Colorado 80631 a Colorado Corporation, hereinafter referred to as "CIC" and Brazos County 300 East 26` Street Bryan, TX. 77803 hereinafter referred to as "Customer ". WITNESSETH: WHEREAS, CIC has determined to provide Customer access to support, enthancem training for Customer's computer hardware, operating and application systems, communica and/or other related areas of Customer's automation environment, hereinafter referred to as PEOPLEWARE" and additional products and/or services Customer may request in the futu or enhance Customer's automation environment, hereinafter referredto as "Products / Servi WHEREAS, .Customer has elected to purchase CIC's Annual PEOPLEWARE as e Exhibit A, attached hereto and by this reference made a part hereof, and in the future may additional Products / Services, as will then be evidenced on Exhibit'B(s), "SAMPLE" atta a by this reference made part hereof. NOW THEREFORE, inconsideration of 'the mutual covenants and promises conta parties agree that CIC will deliver Annual PEOPLEWARE to Customer, twenty -four (24) seven (7) days /week. ANNUAL PEOPLEWARE A. Hardware Maintenance - CIC will assist in problem determination and cooperate witt Customer's maintenance personnel to maximize up time. Although CIC may recommend hardware maintenance options, actual agreement execution and resultant costs, remain Cu responsibility. Emergency Backup - CIC will provide personnel to assist Customer in loc, computer hardware; coordinate the temporary relocation of Customer's operating / applic data and assist in Customer's emergency processing, at CIC's then current,hourly.rate. Page 1 of 8 Vol. 0 Pg. nts and on networks Annual e, to maintain es "; and denced on hereto and herein, the s /day, Customer and backup systems / Software Operating Systems — CIC trained personnel will promptly respond / resolve 11 connectivity and communication questions, problems, etc. encountered in the use of your hardware, operating systems, local area and wide area networks, including hubs, routers, VPN devices, communication lines, etc. and will.inform, recommend and assist you in ordering / pre- testing all future operating system releases, enhancements and /or program temporary fixes from CIC's vend rs necessary to maintain your hardware at a level supportable by CIC. Application stems CIC develops and maintains a working knowledge o not only the Application Systems, but more importantly, how each of our many features are currently used in your operation, permitting our PEOPLEW'ARE Team's active participation in recommending pr cedural changes necessary to increase utilization of our new features and enhancements as they become available. Following initial implementation, CIC will. continue to inform, recommend and assist in or lering, providing and pre- testing all new Application System Releases, Enhancements and/or. Program Temporary Fixes from CIC's vendors, as necessary., to maintain your software at a level supportable by CIC. Future Releases / Enhancements / Program Temporary'Fixes — CIC will inform, recommend and assist Customer in ordering / pre- testing all future operating or application system releases, enhancements and /or program temporary fixes from CIC and CIC's vendors necessary to maintain Customer at a level supportable by CIC. Actual acquisition and /or on -site installation / implementation costs for such future releases, enhancements and/or program temporary fi es remain Customer's responsibility unless specifically included on Exhibit A. C. PEOPLEWARE "INSTANT Response" — Customers utilizing our "Internet Accessible" nnual PEOPLEWARE System (APS) to log support calls by "Task Code" - Twenty-Four (24 ) Hours/Day — Seven (7) Days/Week, may enter their specific questions and/or concerns in their own words, attach all related screen / report images for further clarification, select priority / maximum response imes of IMMEDIATE, 2, 4 or 8 working hours and receive automatic e-mail updates triggered by every support call action. 1. APS provides retrieval / displays.CIC's resolution documentation. for a date range within the same "Task Code" to our -staff, providing immediate resolution for a. high percentage of your support calls along with excellent cross training to prevent related calls in the future. 2. Our APS "Quick Reference" also provides Customers instant access to our most current Web Based Documentation for your specific "Task Code ", saving you valuable ti e normally spent looking for your current - copy of CIC's manual' or the applicable section, page and p ragraph. 3. APS' enables our Customers to confirm CIC's open support call sta s (Internet & Telephone), reassignment, escalation and projected resolution date / time plus provide an pportunity for our Customers to add additional information to their original open call(s) at any time. 4. When requested, APS displays a list of current "PeopleWires ", which describe CIC known problems / issues communicated to our Customers. If a CIC program temporary fix (PTF) is available, our FTP location and automatic downloading instructions will be provided. Otherwise, CIC's recommended "temporary work around" with instructions can be viewed and printed, along with our current estimated PTF availability. Page 2 of 8 Vol. (u7 pg. �� _..5. ._Finally,..using_APS," Customers _areprovided- the_ability_to access thei_.Support__ Issues, along with all associated Actions°arid•Resolutions, that have been closed within the ast year by "Keyword ", Date Range and /or Reference.Number. Toll Free Access — CIC will continue to provide Customer with toll free telephone access plus CIC's assistance in entering Customer's questions / concerns and requested maximum 'esponse time of 2, 4 or 8 working hours into CIC's Annual PEOPLEWARE System. Support — In summary, CIC will provide the computer hardware, operating d application systems, communication networks and/or other related support necessary to assure Customer's optimum utilization of existing / future functionality regardless of Customer's employee turnover, reassignment and/or future operating or application system releases, .enhancements and/or program temporary fixes, by telephone, "DESKTOP Response" and/or "ON- DEMAND Response unless, dependent . pon severity, expediency and other pertinent factors, CIC determines to travel to Customer's location. Trainin - CIC will also, provide the computer hardware, operating and application systems, communication networks and/or other related training, necessary to assure Custo er's .optimum utilization of existing / future functionalityregardless of Customer'.s employee turnover, re ssignment and/or future operating or application system releases, enhancements and/or program temporary fixes, at CIC's then current telephone / "DESKTOP Response / "ON- DEMAND Response" hourly rates or regional workshop / on -site daily rates. Problem Identification:/ Vendor Communication - Customer assumes responsibility for identifying probable cause and providing additional information as required, to assist CIC d CIC's vendors in resolving Customer's questions / concerns. CIC assumes exclusive responsibility for communicating and coordinating with all vendors in resolving Customer's questions / concerns. Products / Services - CIC will maintain the configuration, system / commur ication schematics, file utilization and staff knowledge necessary to assure the continuing compatibility of any Products / Services purchased from CIC with Customer's existing computer hardware, ope ating and application systems, communication networks and /or other related areas of Customer's automation environment. Site Evaluation -'CIC will periodically review and discuss Customer's satis action with'the Annual PEOPLEWARE and Products / Services provided by CIC and CIC's vendors, the effectiveness of Customer's computer hardware, operating and application systems, communication networks and /or other related areas of Customer's automation environment and recommend additional Annual P OPLEWARE and /or Products / .Services for Customer's consideration. GENERAL Deliver - Although CIC may assist Customer in purchasing and coordinating the timely delivery and installation of Products / Services from CIC's vendors, CIC shall. not be liable for any damages, penalty for delay in delivery and/or failure to give notice of delay when such delay is due to acts of God, delay in transportation, delay in delivery or any other causes beyond the reasonable control of CIC. Access - Subject to statutory or Customer determined limitations, Customer agrees to permit CIC's employees access to Customer's computer hardware, operating and application systems, communication networks and/or other related areas of Customer's automation environment including access to Customer's Internet connection and a telephone; for purposes of performing CIC's obligations under this Agreement. Page 3 of 8 Vol. ' Pg' r .. . ___Customer further agrees-to-make its employees available to CIC at Customer's locat 'on to facilitate effective implementation / utilization of Annual PEOPLEWARE and /or Products / Services and understands that failure to do so can result in additional. CIC effort / time, which may be billable to Customer. Non - Disclosure - CIC and Customer acknowledge confidential information.conside ed proprietary by one of the parties may be furnished by it to the other party from time to time in the performance of this Agreement. CIC and Customer agree to not discuss, reveal or provide such confidential in armation except to the extent disclosure is- required by law or by an order of a court of competent.jurisdiction. The parties further agree the proprietary nature of CIC's Annual PEOPLEWARE pr cedures and related documentation are of substantial importance and it shall be Customer's obligation tc protect said procedures and related documentation from unauthorized disclosure or use and to destroy all such confidential information upon the expiration or termination of this Agreement. Additional Expenses — All miscellaneous expenses incurred by CIC, i.e., travel, mil age, lodging and meals are additional and will be invoiced at cost, and paid monthly to CIC by Customer upon receipt . of invoice, unless otherwise stated herein. Financial Liability — Each party shall be solely responsible for any liability resultin from that party's; negligence. Ownership - Customer will defend and indemnify CIC against any claim or legal pr ceedings with regard to Customer's proprietary rights to use all computer hardware operating and application systems, communication networks and/or other related areas of Customer's automation environment CIC will defend and indemnify Customer against- any claim or legal proceedings with regard to CIC' proprietary rights. to provide the Annual PEOPLEWARE and Products / Services delivered in. this Agreement subject to CIC's and CIC's respective vendor software license agreements, which CIC shall provide and Customer agrees to sign. Warranty and Limitation of Remedy - CIC warrants the Products provided hereund r will perform according to the respective vendor's and CIC's published specifications, that any and all such warranties provided by the manufacturers or original vendors shall be passed on and inure to the benefit of the Customer, CIC further warrants the Annual PEOPLEWARE and Products / Services provided under this Agreement will not prevent the Customer's computer hardware, operating and application systems, communication networks and/or other related areas of Customer's automation environment from operating and providing the functionality previously available to Customer. The warranty stated her in shall survive during the entire term of this Agreement. The aforesaid warranty and CIC's obligation and liabilities thereunder are in lieu of and Customer hereby waives, all other guarantees and warranties and all obligations and liabilities thereunder, expressed or implied arising by : law .or otherwise, including without limitation any implied warranty of fitness for a particular purpose or of merchantability, and all obligations and liabilities with respect to loss of use, indirect and consequential damages including but not limited to loss of profits or revenue, l ss of use of equipment, costs of substitute equipment, or other down -time costs. Customer agrees CIC's maximum liability will be limited to the - EXHIBIT A - ANNUAL PEOPLEWARE TOTAL CIC received in the most recent year, minus any funds owed or d sbursed for support and enhancements. Page 4 of 8 G 11 Vol. pg. J __ Non- EmployLnent Independent_of any_other obligation under this_Agreement,_CUS OMER - and CIC agree to not intentionally, whether directly. or indirectly, whether as an individual for it own account, for or with any other firm, corporation, partnership, joint venture, associati .n, organization, or other entity whatsoever, interview or attempt to employ, contract with or ot ierwise obtain the services of a current or former employee of the other party without such party's approv 1 for a period of one (1) year after completion of this Agreement. The interviewing company agrees to in orm the employee that notification must be made to their current (or past) employer prior to any off r being extended to the individual. This provision is not intended to restrict the civil rights or libert es of any private individual, but to curtail counter productive human resource depletion of one (1) party y for the advantages of the other party while both parties have rights and obligations under this Agre ment. Execution / Term - This Agreement is in full force and effect as of the date of exec ion, for one (1) year from the day and year first above written and shall be considered renewed annually by CIC's issuance of an invoice for this same EXHIBIT A - ANNUAL PEOPLEWARE TOTAL. or in subsequent years, CIC's revised EXHIBIT A - ANNUAL. PEOPLEWARE TOTAL and invoice paid by Customer, within thirty (3.0) days of each renewal date. Notwithstanding the foregoing, Customer may terminate this Agreement for cause i pon ninety (90) days written notice to CIC and the EXHIBIT A - ANNUAL PEOPLEWARE TOTAL received by CIC in the most recent year, minus any funds owed or disbursed for support an enhancements, prorated through the date of such termination, returned to Customer, provid ng CIC is given such ninety (90) days to resolve the issues at hand to Customer's satisfaction. Either party may also terminate this Agreement in writing, at least ninety (90) days rior to each renewal date. Governing Law - This Agreement constitutes the entire Agreement between the be construed in accordance with the laws of the State of Colorado. Waiver — The waiver of one breach or default hereunder shall not constitute the subsequent breach or default. Assi ng_ment — This Agreement shall be binding upon and shall inure solely to the the parties hereto and their respective successors in interest and not for the benefit of any legal entity. Although CIC may assign data translation, installation, training, support and enhan development to its vendors, distributors and /or subcontractors, CIC shall at all times be re: their performance. Entire Agreement -.The Agreement and the attachment s hereto represent the entire between the parties and shall supersede all existing contracts and/or agreements previousli between said parties, with respect to the subject matter hereof. All, parties have negotiated at arms length, .and no party shall be deemed as the drafter of the Agreement for purpose o any potential ambiguities in the. Agreement and each provision and Exhibit hereof, may be in writing duly executed by all parties. In the event Customer issues a purchase order or o for the Annual PEOPLEWARE and/or Products / Services herein specified, it is understoc that such purchase order or other instrument is for the Customer's intemal use and purpose in no way affect any of the terms and conditions of this Agreement. es, and shall of any t of person or le for executed this Agreement f interpreting .modified only ther instrument d and agreed only and shall Page 5 of'8 col. pg• _ Status -. CIC_ shall .be_considered_an independent. contractor,—and—this— Agme- Ownt_doe not .constitute or imply that CIC is or will be an employee;of .Customer. Insurance — During the term of this Agreement, CIC shall carry and maintain Workmen's Compensation and Employer's Liability Insurance covering its employees in accordance wi h statutory requirements applicable to the performance of its business. Subject Headings - The subject headings of the paragraphs of this Agreement are in 1. ed for purposes of convenience only, and shall not affect, the construction or interpretation of its p ovision. Severability -In the event that anyone or more of the, provisions.contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such provision hall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions of this Agreement shall continue to remain in effect. Notices - The notices to be given under this Agreement shall be made in writing and shall be sufficient if delivered personally or mailed by First Class United States Mail, postage prepaid, to the other party at the address previously indicated. The parties hereto have executed this Agreement By: By\ �L Computer Information Concepts, Inc. Brazos County, Texas Page 6 of 8 Vol. Pg' EXHIBIT A Annual PEOPLEWARE Agreement by and between Computer Information Concepts, Inc. (CIC) Brazos County, Texas, dated October 1, 2012 ANNUAL PEOPLEWARE $ 0.00 Support — Operating Systems $ .00 — Server Farm "Without an On -Site Full Time Network Technician" $ .00 — Personal Computer / Server, Department and/or County File Server(s) "With an On -Site Full Time Network Technician" $ .00 — AS /400(s) $ 1,000.00 — Personal Computer / Server or Department File Server "Without an On -Site Full Time Network Technician" $ 1,500.00 — County File Server(s) "Without an On -Site Full Time Network Technician" CIC trained personnel will promptly respond by telephone, DES TOP Response and/or ON- DEMAND Response to all connectivity an communication questions, problems, etc. encountered in the use af your hardware, operating systems, local area and wide area networks i luring operation of the following Application Systems and will inform, recommend and assist you in ordering / pre- testing all future operating system releases, enhancements and/or program temporary fixes from CIC's vendors necessary to maintain your hardware at a level supportable by CIC. On -Site operating system support and installation / configuration of new equipment is additional and A ill be invoiced in one (1) hour increments at CIC's then current travel & on -site hourly rates plus mileage, lodging and meals at cost and paid monthly to CIC by Customer upon receipt of invoice. 4,745.00 Support — Application Systems 4,565.00 Tax Collection Accounting (General Ledger, Banki g & Investments, Daily Statement Balancing, PACS I tegration, Cash Receipting, Taxes Payable) 180.00 INSTANT Sharing / Seat — 4 Seats 1,230.00 Enhancements — Application Systems 1,230.00 Tax Collection Accounting (General Ledger, Banking & Investments, Daily Statement Balancing, PACS Integration, Cash Receipting, Taxes Payable) $ 5,975.00 ANNUAL PEOPLEWARE TOTAL Page 7 of 8 Vol. I � Ps. .1-9� SAMPLE EXHIBIT B# Annual PEOPLEWARE Agreement by and between Computer Information Concepts, Inc. (CIC) and Brazos County, Texas, dated October I, 2012 PRODUCTS / SERVICES TO BE PROVIDED: Descrintion Oty Retail Discounted TOTAL RETAIL PRICE $x,xxx.xx TOTAL EXHIBIT PRICE $ ,xxx.xx Miscellaneous Expenses,, i.e.; travel, mileage, lodging, meals, etc., at cost, will be paid by Customer upon receipt of a separate CIC invoice. SCHEDULED DELIVERY: It is anticipated the Products / Services will be delivered / provided within thirty (30) da3 s after CIC's receipt of this signed exhibit and your Check or Purchase Order. ACCEPTANCE / PAYMENT TERMS: To complete the ordering•process, please: I. Mail a signed copy of this Exhibit with your Check for the Total xhibit Price to 2843 31 st Avenue, Greeley Colorado 80631 OR 2 Fax a:signed copy of this Exhibit along with your Purchase Order for-the Total Exhibit Price to (970) 330 -0839. Full Payment will then be due and pa able upon delivery of the Products / Services'. Failure to execute within twenty (20) days will render this Exhibit null and void. Computer Information Concepts, Inc. Exhibit Date In Customer Acceptance Date Page 8 of 8 o�. t C 7 Pg. 5 v - i I I it 2843 31 st Avenue Greeley, CO 80631 1- 800 - 437 -7457 Computer I nform a tion Concepts Ms. Kristen Roe Brazos .County 300 East 26` Street Bryan, TX 77803 Dear Ms. Roe, August 31,, 7012 Please sign both copies of our enclosed Annual Peopleware Agreement (page 6), retaining one (1) copy for your files and returning the remaining copy along With your payment in the amount of $5,975.00 before October 1, 2012, to continue accessing Annual PEOPLEWARE vi wwW.cicesp.com or toll free at (800) 437 -7457 — Twenty -Four (24) Hours/Day — Seven (7) Days/Week!!! "INSTANT Response" — Customers .utilizing our "Internet Accessible" Annt al PEOPLEWARE System (APS) to log support calls by "Task Code" - Twenty-Four 24) Hours /Day — Seven (7) Days/Week, may enter their specific questions arid/or concerns in their own words, attach all related screen / report images for further clarification, select prior ity / maximum response times of IMMEDIATE, 2, 4 or 8 working hours and receive a:utorr atic e -mail updates triggered by every support call action. 1. APS provides retrieval / displays CIC's resolution documentation for a ate range within the same "Task Code" to our staff, providing immediate resolution for a high percentage of your support calls along with excellent cross training to prevent related calls in the future. 2. Our APS "Quick Reference" also provides Customers instant access current Web Based Documentation for your specific "Task Code ", saving you value normally spent looking for your current copy of CIC's manual or the applicable secti paragraph. 3. APS enables our Customers to confirm CIC's open support call status ( Telephone), reassignment, escalation and projected resolution date / time plus provide opportunity for our Customers to add additional information to their original open call time. 4. When requested, APS displays a list of current "PeopleWires ", Which known problems / issues communicated to our Customers. If a CIC program ternporaj available, our FTP location and automatic downloading instructions will be provided. CIC's recommended "temporary work: around" with instructions can be viewed and pi with our current estimated PTF availability. our most time page and iternet & .n �) at any escribe CIC fix (PTF) is )therwise, Zted, along Page 1 of 2 5S 3:.. Vol. Pg. 5. Finally, using APS, Customers are provided the ability to access their Support Issues, along with all"associated Actions and Resolutions, .that have been closed within the past year by `Keyword ", -Date Range- and/or - Reference - Number.. -- - - - "DESKTOP Response /. ,Resolution" - Actively participate in resolution of yoi enhancement and training issues without the wasted time and expense previously requir on -site. Using state of the art web conferencing technology, our technical support staff immediately "observe" your desktop from our office, significantly reducing the time an required'to resolve issues and provide just -in time training' without the wasted time and competitors still charge for traveling to your location — "BETTER THAN ON- SITE "! "ON- DEMAND Response / Resolution" — Access pre- recorded software demonstrations / training sessions, etc, from your standard Internet browser. Available right side of our home page, ON- DEMAND Response initially provides a list of all ses; currently available. After selecting the demonstration / training session of your choice entering a password provided by CIC's Resource Development and/or PEOPLEWARE you may view the selected software demonstration or training session, including audio of the presenter and their related presentation materials, whiteboards, PC desktop, softv applications, etc. necessary to convey their message. Session player controls including rewind, and fast forward further, provide you control over playback for maximum time management. "AT YOUR CONVE & Finally, our Annual Peopleware Agreement includes all regulatory,, user defin, vendor enhancements identified, prioritized and approved by our Users during our "fr User Symposium, or as needed during the year by your Enhancement Review Team Representatives. Although our enhancements are normally delivered annually, along Task Based, Internet Accessible User Manuals, the actual enhancements to be include date of each release is also determined by our Users. While our annual charge for end is also determined and approved annually by our Users, CIC further guarantees to del and all State / Federal regulatory enhancements, regardless of cost, without any additi to our Customers. Guaranteed. Response Time - Our PEOPLEWARE and Technical Teams gu maximum of IMMEDIATE 2, 4 or 8 hour response to any questions, problems, etc. during your utilization of our Automation Solutions. support, .to travel effort (pense our the Staff, Gnd video ,IKE!" and " Annual ith our and the ncements er any ial charge tee a CIC also assumes exclusive responsibility for communicating and coordinating with all vendors, as may be necessary, in.resolving your problems. In summary, CIO's "Total Solution Plan" delivers all three (3) "Wares "; hard, soft & PEOPLE - -- 24 HOURS / DAY _'7 DAYS / WEEK!!! Sincerely, Melayna Clark -Rael me l ark -rael @ci cesp. co m MCR:mal or (800) 437 -7457, ext. 157 Enclosures Page 2 of 2 N� Vol. �'�� Pg. !� Brazos County Facility Use Agreement is Brazos County Facility Use Agreement ("Agreement"), is made and entered into th day of 2012,, by and between Brazos County, Texas a political subdivision of of Texas ( County"), acting by and through its Commissioner's Court, and the Texas Depa Insurance, Division of Workers' Compensation ( "TDI "). The parties agree as follows: 9 he State ment of 1. That, upon the terms and conditions herein expressed and in consideration of the c venants and agreements herein expressed, the County does hereby grant unto TDI the right to use and occupy a space in the Administration Building. of Brazos County located at 200. South Texas Ave., Bryan, Brazos County, Texas ( "Premises "). 2. This Agreement allows for the temporary and occasional use of the Premises by T I for the purpose of conducting workman's compensation hearings. The date and time of said hearings shall be determined and mutually consented to by both the County and TDI, but TDI shaill give the County at least fifteen (15) days notice prior to the date of any hearing. The location within the Premises where the hearing shall be located shall be determined at the time TDI requests use of the Premises. 3. It is'anticipated that TDI will need use of the Premises for not more than eight (8) h¢urs once every 60 days. 4. The County will make every attempt to accommodate TDI if a request is made for a articular space on the Premises, but the County cannot guaranty said space. TDI acknowledges by its execution of this Agreement that the location, of each hearing. is subject to availabil ty of the Premises. ' 5. TDI .shall have possession of the Premises for the purpose and term aforesaid, including corridors necessary to accommodate attendees, along with rest. rooms customarily op n to the general public.. 6. TDI will furnish all equipment needed to conduct hearings and other TDI business. C unty will only furnish a space on the Premises with tables and chairs. County will not be respo isible for any lose resulting from any lack of heat, water or lights due to an act of God or ailure of equipment to operate properly through no fault of County. 7. TDI hereby waives and releases any claim for damages against County, its officers, a ents and employees on account thereof. 8. TDI shall return the Premises in the same condition as when received. Before le ving the Premises; TDI or TDI's agent will remove any equipment brought by TDI, trash and litte from the Premises. To the extent allowed by the law and constitution of the State of Texas, TDI agrees to and shall indemnify and hold harmless and defend the County, its officers, agents, elected officials 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,. or damage to any property, or for any breach oll contract VOL- P9. arising out of or in connection with this Agreement and the purposes for which this A reement was entered into, including but not limited to property damage, injuries and death due to the act, omission, mistake, fault, default, or negligence of (1) TDI, its agents'and employees; and (2) any invitee's, licensees or guests of TDI and (3) the passive or vicarious Liabi ity of the County, its officers, agents, or employees. 10. TDI may terminate this Agreement at any time, with or without cause. 11. County may terminate this Agreement at any time, with or without cause, but mus give TDI thirty (30) days notice prior to termination, either written or oral. 12. In the event the Premises or the building of which the Premises area part of is destroyed by fire or other cause, or of any other casualty or unforeseen occurrence or other causes shall render the fulfillment of the Agreement by the County impossible, then the term of this Agreement shall end. 13. TDI hereby waives and .releases any claim for damages or compensation on accou t of any termination of this.,Agreement. 14. Neither party shall be liable in damages for any delay or default in performing hereunc er if such delay or default is caused by conditions beyond its control including, Acts of God, Go ernment restrictions, wars, insurrections; natural disasters or other emergencies as declared b Federal, State or County agencies or departments. 15. This Agreement may not be assigned by TDI in whole or in. part. TDI further atrees and understands that it may not sublet any portion of the Premises. 16. TDI accepts the Premises, the building, its fixtures and equipment, in their present con_ ition and state of repair. All repairs and replacement required to. return the building and its furnishings, fixtures and equipment to their present condition will be at the expense of TDI upon demand by County. 17. TDI assumes responsibility for any items borrowed from the County. This includes public address equipment, extension cords, computer equipment and visual media. Replace ent cost for loss of borrowed items will be invoiced' within three (3) days of TDI's use of the Pre ises. 18. TDI accepts full responsibility for the actions of all individuals or groups invited, hired, or participating in the hearing or other TDI business. Brazos County, Texas Texas Department of I a Political Subdivision of Division of Workers' C the3Eetumf�Te s By.. By. Duane Peters, County Judge od rdelon, Com Pg 01- 1 & 7 5� of IZ-1 Brazos County Facility Use Agreement kpr' This Brazos County Facility Use Agreement ( "Agreement ",), is made and entered into day of� Lmhex - , 2012, by and between Brazos County, Texas a political subdivision of Texas ('County") acting by and through its Commissioner's Court, and the Texas De, Insurance, Division of Workers' Compensation ( "TDI "). The parties agree as follows: is ' the State rtment of 1. That, upon the terms and conditions herein expressed and in consideration of the covenants and agreements herein expressed, the County does hereby grant unto TDI the right to use and occupy a space in the Administration Building of Brazos County located at 200 South Texas Ave., Bryan, Brazos County, Texas ( "Premises "). 2. This Agreement allows for the temporary and occasional use of the Premises by 7DI for the purpose of conducting workman's compensation hearings. The date and time of sail hearings shall be determined and mutually consented to by both. the County and TDI, but TD shall give the County at least fifteen (15) days notice prior to the date of any hearing. The location within the Premises where the hearing, shall be located shall be determined at the time T I requests use -of the Premises. 3. It is anticipated that TDI will need use of the Premises for not more than eight (8) hours once every 60 days. 4. The County will make every attempt to accommodate TDI if a request is made for a particular space on the Premises, but the County cannot guaranty said space. TDI acknowledges by its execution of this Agreement that the location of each hearing is subject to availability of the Premises. 5. TDI shall have possession of the Premises. for the purpose and term aforesaid including corridors necessary to accommodate attendees, along with rest rooms customarily pen to the .general public. 6. TDI will furnish all equipment needed to conduct hearings and other TDI business. ounty will only furnish a space on .the Premises with tables and chairs. County will not be resr onsibl'e for any loss resulting from any lack of heat, water or lights due to an act of God o failure of equipment to operate properly through no fault of County. 7. TDI hereby waives and releases any claim for damages against County, its officers, gents and employees on account thereof. 8. TDI shall return the Premises in the same condition as when received. Before . leaving the Premises; TDI or TDI's agent will remove any equipment brought by TDI, trash and litt r from the Premises. 9. To the extent allowed by the law and constitution of the State of Texas, TDI agrees to and shall indemnify and hold harmless and defend the County, its officers, agents, elected - officials 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, or damage to any property, or for any breach of contract r Vol. l &- Pg• arising out of or in connection with this Agreement and the purposes for which this Agreement was entered into, including but not limited to property damage,, injuries and death due to the act, omission, mistake, fault, default, or negligence of (1) TDI, its agents and employees; and (2) any invitee's, licensees or guests of TDI and (3) the passive negligence or vicarious Liab lity of the County, its officers, agents, or employees. 10. TDI may terminate this Agreement at any time, with or without cause. 11. County may terminate.this Agreement at anytime, with or without cause, but must give TDI thirty (30) days notice prior to termination, either written or oral. 12. In the event the Premises or the building of which the Premises,are a part of is destroyed by fire or other cause, or of any other casualty or unforeseen occurrence or other causes shall render the fulfillment of the Agreement by the County impossible, then the term, of this Agreement shall end. 13. TDI hereby waives and releases any claim for damages or compensation on account of any termination of this Agreement. 14. Neither party shall be liable in damages for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control including, Acts of God, Government restrictions, wars, insurrections, natural disasters or other emergencies as declared b Federal, State or County agencies or departments. 15. This Agreement may not be assigned by TDI in whole or in part. TDI further atrees and understands that it may not - sublet any portion of the Premises. 16. TDI accepts the Premises, the building, its fixtures and equipment, in their present con ition and state of repair. All repairs and replacement required to return the• building and its fL rnishings, fixtures and equipment to their present condition will be at the expense of TDI upon demand by County. 17. TDI assumes responsibility for any items borrowed, from the County. This incluc es public address equipment, extension cords, computer equipment and visual media. Replace inent cost for loss of borrowed items will be invoiced within three (3) days. of TDI's use of the Premises'. 18. TDI accepts full responsibility for the actions of all individuals or groups invited, hired, or participating in the hearing or other TDI business. Brazos County, Texas Texas Department of a Political Subdivision Division of Workers' I the S as By: By: Z �t, Duane Peters, County Judge d Bordei6n Commiisioer of T— Vol. 1 Pg. .4 y[• }...nay .• �E .nS:.i•.. _ f... FUNDING AGREEMENT BETWEEN BRAZOS CONTY AND BOYS & GIRLS CLUBS OF BRAZOS VALLEY THIS FUNDING_ AGREEMENT ( "Agreement ") IS ENTERED INTO B BETWEEN BRAZOS COUNTY, TEXAS, acting by and through 'its duly elected Commissoners hereinafter referred to as ( "County") and BOYS & GIRLS CLL BRAZOS VALLEY, hereinafter referred to as ( "Club ") a non - profit organization de to the improvement of Brazos County. and is effective October 1, 2012. RECITALS: WHEREAS, the Club conducts youth programming and activities within County; and WHEREAS the purpose of the Club shall be to provide opportunities for grow as productive citizens of our communities; and NOW, THEREFORE, both parties agree to the following terms and conditio AGREEMENT I. FUNDING The Club will be funded by the County in the amount of $45,000.00 ( " Fur the term of this Agreement. II. TERM OF AGREEMENT This Agreement shall be for a term of twelve (12) months commencing on day of October, 2012, and terminating on the 30 day of September, 2013. III. ACCOUNTING AND AUDIT .The Club will provide, no later than March 31, 2013 and August 31, 2013, a account of how the Funds were expended in comportment with this Agreemer Club agrees to furnish any information : requested by the County Auditor, it documentation of the use of Funds received from the County. In the eve determined by Brazos County Commissioners Court that the Funds provided he the County to the Club have not been expended in comportment_ with this Agreem( Agreement shall automatically terminate and the Club may be required to returr County such- Funds that were not properly expended. Duns X Girds On& ol•Dra:os VOIA- r.agrornr,`rri AND )unty OF h to for 1st tailed The luding t it is ein by it, this to the Page 1 b14 Vol. Pg.— U1 r The Club agrees that County, or its designated representative, shall have the ight to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. The Club agrees to maintain such records for p ssible audit for a minimum of three (3) years after the termination date of this Agreement, unless a longer period of records retention is stipulated. The Club agrees to allow the au itor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. The Club agrees that County, or its designated representative, shall further have the right to review and to copy any records -and supporting documentation for prior years in which County provided funds to the Club under prior Agreements. Brazos County Commissioners Court may, in its sole discretion, require tat an independent financial audit be performed on the records of the Club. If an indep ndent financial audit is performed, a, management letter will be prepared by the auditor s part of the process and a copy of said management letter shall 'be delivered to the razos County Commissioners Court. The management letter shall identify issues that mi ht not otherwise require disclosure in the Club annual financial report, but which are of concern to or under the suggestion of the auditor. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the Club. IV. RECORD RETENTION The Club shall be responsible for record keeping on all services provided and agrees to maintain and make available for inspection by the County upon request consistent with .federal and state law, any and all records the County determines, in its sole discretion, to be necessary for the Court to justify its continued participation in supporting the Club with funding. V. INDEMNITY The parties agree to indemnify one another for and hold one another harmless from and against ail suits, claims, demands, liabilities or actions resulting or all ged to result from the breach, violation or non - performance of the services stated herein and for any damage to any person resulting from any action or omission or negligence on the part of each party hereto. VI. INSURANCE The parties hereto agree that the Club shall be an independent contractor nd not any employee or agent of the County and that each shall maintain at its own expense, adequate liability insurance to insure against damages and liabilities which may arse due to the duties and obligations funded herein. 11ova A° Girls (7tth.. afSru:us I'aNem.agrectnent I'u4i _ of 4 Vol.. g. r ;rya VII. COUNTY INVOLVEMENT The County and the Club state that to the best of their knowledge, no office or employee of the County who exercises any function or responsibility in connec the carrying out of this Agreement or the services to which it relates has personal direct or indirect, in this Agreement. , agent :)n with VIII. GOVERNING LAW This Agreement shall be executed in and shall, be governed by the laws of the State of Texas. IX. NOTICES All notices required to be given hereunder shall be deemed to be duly gi en by delivering such notice or by mailing it, certified mail to the other party at the following addresses: Boys & Girls Clubs of the Brazos Valley Brazos County .Ron Rolett c/o Commissioners Court P.O. Box 524 200 So. Texas Ave. No. 310 Bryan. TX 77806 Bryan, Texas 77803 X. IMMUNITY As a result of its execution of this Agreement and performance of the functions and obligations described herein, Brazos County does not waive or relinquish any iMML nity or defense on behalf of itself, its commissioners, officers, employees, or aut orized representatives. FURTHER ASSURANCES Each party hereto agrees. to perform any further acts and to execute and c any further documents which may be necessary to carry out the provisions c Agreement. Henx X• Girls Clubs n(llnn_na I'ull.:,r. tgreemeoll Mu140 3 I, leliver If this � Vol. p (�:� X11. SEVERABILITY In the event that any of the provisions or portions thereof, of this Agreement held to be unenforceable or invalid by any court of competent jurisdiction, the validi enforceability of'the remaining provisions or portions thereof shall not be affected tl are y and ereby. XIII. ENTIRE AGREEMENT This Agreement contains the .entire understanding between the parties hereto concerning the subject matter contained herein. There are no representations, agreements, arrangements, or understanding, oral or written, between or among the parties hereto, relating to the subject matter of the Agreement, which are not fully expressed herein. XIV. ASSIGNABILITY This Agreement is not assignable by the Club without the prior written con$ent of the County. 1 � WITNESS OUR HANDS this / day of 012. BOYS & GIRLS CLUBS OF BRAZOS VALLEY Ron Rolett, Authorized Representative BRAZOS COUNTY, TEXAS ATTEST: G� Duane Peters, County Judge Karen Mc /�•� Bo Ys A Girls Y7nhx u/ Bru _u,c 1'o1l. - r.•I �r�u a�; n� Page 4 u14 1 �7 p 7 Vo g• AGREEMENT FOR FUNDING THIS AGREEMENT FOR FUNDING ( "Agreement ") is entered into this _ September, 2012, by and between BRAZOS COUNTY, Texas ( "County ") and th County Emergency Communications District ( "District "), pursuant to the authority TE CODE ANN. Chapter 791 ( "Texas Interlocal Government Cooperation Act "). RECITALS day of Brazos GOV'T WHEREAS, 'pursuant to TEX. HEALTH § SAFETY CODE ANN. § 772.301, et. seq., ( "Emergency Telephone Number Act "), the District has been formed and is a political subdivision of the State of Texas; and, WHEREAS, Brazos County is a political .subdivision of the State of Texas authorized to enter into interlocal cooperative governmental agreements; and, WHEREAS, the Brazos County Commissioners in public meeting found that it is mutually beneficial for the County and the District to enter into an agreement for the District toperform for the County, Emergency Communications Services Dispatching; WHEREAS, the District is willing to perform such services on behalf of the County; NOW THEREFORE; IN CONSIDERATION of the mutual promises to each of er made hereinafter, the undersigned parties agree as follows: AGREEMENT 1. Services. Effective October 1, 2012 the District is hereby appointed the communications dispatching authority for the Brazos County Sheriff's Office, County Constables and the Volunteer Fire Departments for the period Octob through and including. September 30, 201.3. The District shall, in dispatching service units of the County, - do to in accordance with the policies and developed by the Sheriff's Office, the Brazos County Constables and the Vol Departments to respond to such directives. Any changes, alterations or revisit policies and procedures by any of these County offices during the term of the shall be made in consultation with the District. No such changes, additions or shall be made without the .consent of the District, which shall not be un withheld or conditioned. The County will provide the District access to the County's Law Enforcement System to facilitate Law Enforcement Officers requests for warrant information. 2.. Fee. The County agrees to pay, and the District agrees to accept as comper the services provided a flat fee of .Seven Hundred Fifty -Four Thousand Sever Two and NO /100 Dollars ($754,702.00), payable in twelve (12) monthly in Should additional or expanded services be .requested by the County during tl this Agreement, the . parties agree to adjust the fee to accommodate such chi County shall pay the full .amount due within thirty (30) days of the County Auditc of an invoice .from the District. All payments shall be subject to TEX. GOVT C( § 2251.0001, et. seq.. (`Texas Prompt Payment Act "). Should there arise ar Brazos County Emergency Communications District (911) Agreement Page 1 of 4 „ , t p 151 Vol. g. iergency Brazos 1, 2012, secures ;er Fire of such ration for Hundred term of ge. The receipt' 1E ANN. dispute, disputed amounts shall be deposited in a mutually agreed upon escrow resolution. The District shall encumber and hold in reserve a fund equal to three operating expenses. This reserve balance shall be reported to the Board of I the District's monthly financial statements. 3. Business Records and Audit. All records relating to the service provided Agreement and supporting documentation for invoices submitted to Brazos Cot, District shall be retained and made available by the District for audit by Brazos duly authorized representatives, the State of Texas (including, but not limit Auditor of the State of Texas, Inspector General or duly appointed law en officials) and agencies of the United States Government. Such records shall bi by District and made available for any time period required by state or feder changes occur in the governing state or federal law, regarding retention recorc shall comply with such changes. Brazos County shall inform the District in wri retention periods established by State and federal law applicable to such rel shall provide written notice if changes occur to such retention requirements. If , initiated before the expiration of such time periods required by state or fe regarding retention of records, the District shall retain such records until th concluded and all issues resolved. District shall provide Brazos County with such audits that be conducted with respect to the Agreement. The District shall be responsible for receiving, replying to and /or complying with exception by appropriate federal, state or local audit directly related to the pr this Agreement. The District shall repay to Brazos County the full amount received for duplicat erroneous billings, false or deceptive claims. The District recognizes and of Brazos County may withhold any money due and recover through any al method any money erroneously paid under this Agreement if evidence exists of full compliance with this Agreement. Annual financial statements (audited if available) are due to Brazos County witl months of completion. If an independent financial audit is performed, a mat letter be prepared by the auditor as part of the process and a copy of said mai letter shall be delivered to the Brazos County Commissioners Court. The mai letter shall identify issues that might not otherwise require disclosure in the annual financial report, but which are of concern to or under the suggestion of th 4. Call and Dispatch Records. The County acknowledges that, in the course of the dispatching authority for the County, the District creates records through thi commandCAD Dispatch system ('Tiburon "). However, the District shall not act not contractually designated hereby as the custodian of these Tiburon rec requests received by the District, in accordance with the Public Information A Government Code § 552, for Tiburon records relative to dispatching for the Cour forth herein, regardless of the form of such request shall be forwarded immediat attention of the Office of the Brazos County Judge, Public Information Officer, Texas Ave., Suite 332, Bryan, TX 77803, for processing and response. The Cot indemnify and hold harmless the District from and against any and ail claims, c damages, penalties and causes of action relative to such records requests Brazos County Emergency Communications District (911) Agreement Page 2 of 4 until a months aers on nder this ty by the wnty, its d to the returned I law. If District ig of the >rds and i audit is eral law audit is opies of any audit vision of billings, *ees that propriate ess than in six (6) agement agement agement District's auditor. cung as Tiburon s and is )rds. All ,t Texas ry as set ly to the 200 So. 1tv shall and the Vol. -- I b I Pg. (06 — responses thereto. The District shall maintain an electronic version of records for a period of seven (7) years. 5. Employees. District employees shall not be considered as County employees 6. Governing Law. The County and the District understand and agree to be all the laws, ordinances and regulations which govern and affect E Communications Dispatching and .National Crime Information Computes telecommunications as promulgated by the State of Texas or the Unit Government or any of its appropriate agencies, such as the Texas Departmen Safety or the Federal Bureau of Investigation. This agreement is made in .accordance with TEX. 'HEALTH & SAFETY COD 772.101 et. seq., ( "9 -1 -1 Emergency Number Act "). e. Tiburon subject to mergency network ad States : of Public ANN. § 7. Hold Harmless. Each of the parties to this Agreement agrees to hold the other harmless to the extent of its respective duties undertaken herein and /or foray and all claims of whatsoever nature or kind, which may arise as a result of that party's fulfillment of this Agreement. 8. Authority. Each party hereby empowers and authorizes its Chief Ad inistrative Officer to be signatory agent for any required documentation to implement, th intent of this Agreement. 9. Entire Agreement. This Agreement contains all of the commitments and co enants of the parties and any oral or written promises not contained herein shall have n force or effect to alter any term or condition of this Agreement. 10: Termination. This Agreement may be terminated by either party upon ninety 90) days advance written notice to the non - terminating party as set forth below., In the event of termination, the fee payable by the County to the District shall be 'pro -rated tot the date of termination. 11. Notices. All notices sent pursuant to this Agreement shall be in writing an hand delivered or sent registered or certified mail, postage prepaid, retur requested to each party as set below: Brazos County Emergency Communications District Executive Director PO Box 911 Bryan, Texas 77806 Brazos County Commissioners Court County Judge 200 South Texas Ave, Suite 310 Bryan, Texas 77803 may be receipt 12. Conflicts: No officer, employee or agent of the Brazos County Commissioners Court and no member of its governing body shall participate in any decision relating to this Agreement which affects or conflicts with his /her personal interest'or have any personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. Brazos County Emergency. Communications District (911) Agreement Page 3 of 4 VOL pg. 13. No Waiver. The parties expressly agree that no provision of this Agreement is in any way intended to constitute a waiver or any immunities from suit or from liability that the Brazos County has by operation of law. Nothing in - this Agreement is intended to benefit any third party beneficiary. 14. Modifications This.Agreement may only be modified or amended in writing byte mutual consent of the parties with said modification being attached to and incorporated into this Agreement by this reference for all purposes. SIGNED this day of , 2612• BRAZOS COUNTY EMERGENCY COMMUNICATIONS DISTRICT Ronald G. Mayworm, Chairman Board.of Managers ATTEST: Greta Norton, Recording Secretary Duane Peters, Brazos County ATTEST: Brazos County-Emergency Communications District.(91 ]) Page 4 of 4 r Vol. �� .— Pg. v BRAZ.OS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT: MEETING DATE: SUBJECT: Road & Bridge September 18, 2012 Private Property Access Request permission to enter- private property owned by David Cain locate( Dowling Road. Project will collect survey information along Hopes Creek T drainage study. This work is being performed for the health, safety and we general public. Site is located in Precinct 1. SUBMITTED BY: JjWV. Salvato Right of Way Agent APPROVED BY: Lloyd - 'Wasserman Commissioner Precinct This request is "PROVED / DENIED ❑ by Commissioners' Duane Peters, County Judge DATE: 9-100-ta- Pg. Vol. 1 �7 �9 on South ibutary for Eire of the (1i op sf . t BRAZOS COUNTY PRIVATE PROPERTY ACCESS FORM E. Duane Peters Brazos County Judge Lloyd Wassermann Commissioner Pct. 1 Sammy Catalena Commissioner Pct. 2 Kenny Mallard Commissioner Pct. 3 Irma Cauley Commissioner Pct. 4 OWNER(S): David Cain R. Alan Mi County Er Brazos Cc 2617 Hwy Bryan, To: Office: 97 Fax: 979- II. ADDRESS: 4488 Potter Lane College Station, Texas 77845 III. LOCATION OF WORK: Same as above R11668 — John Payne Survey, A -195, Tract 14, P.E. y Road & Bridge Dept. West 77803 5.61 acres IV. DESCRIPTION OF WORK: Request permission to enter private roperty for surveying purposes. Brazos County will be conducting a drainage study along Hopes Creek Tributary to determine if bridges are required. Survey information will be gathered mainly from high -bank to high -bank and may require some hand trimming of underbrush in and along creek channel. Additional Comm V. MAINTENANCE: Yes No X IF YES, ESTIMATE FREQUENCY OF MAINTENANCE: N/A I (we) the undersigned owner(s) grant permission to Brazos County the ability to above mentioned private property for roadway maintenance purposes. Owner's Signature. 1 Date: R. Ala?rMunger, P. E Jo P. Salvato County Engineer Right of Way Agent the f V0 1. I pg, " 7 0 BRAZOS COUNTY - -- - -- _ - - - -- -- COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge DEPT. NUMBER 56001000 DATE OF COURT MEETING: September 18, 2012 ITEM: Consider and take action on acceptance of Saddle Creek Subdivkinn Phacec t ild and Development Regulations. Site is located in Precinct l SOURCE OF FUNDS: N/A NOTES /EXCEPTIONS: SUBMITTED BY: /!. 4A �. R. Alan Munger, P. County Engineer CC2012 -039 APPROVED. BY: Precinct 1 Lloyd W This Request is Approved Lz�(or) Denied _ by Commissioners' Court Date: - E. Duane Peters, County Judge voi. p -71 BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT: MEETING DATE: SUBJECT: Road & Bridge September 18, 2012 Private Property Access Request permission to enter private property owned - by Dr. James Snell Andert Road for the purpose of' cleaning and re- shaping drainage channel flow. 'This work is .being performed for the health, safety and welfare of public. Site is located in Precinct 2. SUBMITTED BY: JaVV. Salvato Right of Way Agent Precinct This request is -n4PROVED / DENIED ❑ by Commissioners' Duane Peters, County Judge DATE: ,- (q -/ �)- Vol. �07 p � � . APPROVED BY: :atea on improve : general gK „T F. op T n h 0 0 G NrY or eQ,P BRAZOS COUNTY PRIVATE PROPERTY ACCESS FORM E. Duane Peters R. Alan M gar, P.E. Brazos County Judge County En near Brame Co my Road & Bridge Dept. Lloyd Wassermann 2617 Hwy 1 West Commissioner Pct. 1 Bryan, Tex s 77803 Office: 9 _ -822 -2127 Sammy Catalina Fax:, 979 - 5-0453 Commissioner Pct. 2 amunge mzoscountytx.gov Kenny Mallard Commissioner Pct. 3 Irma Cauley Commissioner Pct. 4 I. OWNER(S): Dr. James Snell ll. ADDRESS: P. O. Box 4487 Bryan, Texas 77805 III. LOCATION OF WORK: 4095 Andert Road R304987— Moses A. Foster, A -16, Tract 223, 4.896 acres IV. DESCRIPTION OF WORK: Project will re -shape drainage channel to mprove flow. Rip -rap material will be placed on private property- in.and along chan .el for erosion control. The project will also includethe clearing of .existing fence in work area and the reconstruction of fence /water gap. Additional Comments: V. MAINTENANCE: Yes X No IF YES, ESTIMATE FREQUENCY OF MAINTENANCE: County will maintain the site only when necessary for continued adequate drainage of road ay. I (we) the undersigned owners) grant permission to Brazos County the ability to ccess the above mentioned private property for roadway maintenance purposes. Owner's Signature: .,.R Munger, P.E. County Engineer Date: � .g - ) Jrgh�of Salvato R Way Agent Vol. f Pg• 3 BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and. Bridge NUMBER 56001000 DATE OF COURT MEETING: September 1.8, 2012 ITEM Request from Wickson Creek Snecial Utility Dktr;nt to rnnctn,rt a 'AN r^aA t—. f a 1' /z" encasement nine with 1" waterli will be Dlaced at a mini 48 ". Site is located in Precinct 2. SOURCE OF FUNDS: N/A PRESENTATION: REOUIREMENTS: • Comply with Brazos County;Roadway Safety and Road Preservation Standards Conducted in Brazos County Rights of Way. • Comply with Brazos County Procedures to be Followed for Activity In, Under, Along Brazos County Roads, Streets, Highways. SUBMITTED BY: APPROVED BY: �. R. Alan Munger, P.E. Canfmissio n Sammy Catalena County Engineer Precinct 2 CC2012 -040 This Request is Approved 19; or Denied 0, by Commissioners' Court Date �- Duane Peters, County dge PS• ►r Work or Awe" .- -tk LA law: IF, IT, iv 'I V ? ti� � r -L ' .�•.* � � r 'rz' �*! �+ti��• i d iC., '+� � F r � {.....,��h� ���2 �`i s � fry, ', � 3t������ " ' fir r} �y In L � y. , C+}, _'this tr ey r : r Syr. -�,. Lt. by i„� "�- „;r 5.Y •�,, O ;yt � 3 i y y ?�,.�U �r;'`�"!`,��Y � w it'' �� �n �� �:..►' � ! •. � � 4, >« d.. fir` � 1 � Lam., ":"-'•� a � lo � NI, I v t� t , ``` <' � � z,t` �c�c '�.x Y. �Ea�" ?y :. +. : t"� ,-p, a_. ��- �+���, «r} 1 y+r � . y �� ri i�,a *`}�` � , � * �' `t�w., w; �s F r #�f a� ti j ��-�, �.'Sf "l�t- +�.r,� - .; k4 1y '' ?� . � •)d�r L ak- BRAZOS COUNTY PROCEDURES TO BE FOLLOWED FOR ACTIVITY IN, UNDER, ACROSS OR ALONG BRAZOS COUNTY ROADS, STREETS, HIGHWAYS Anyone proposing to conduct activity in a Brazos County Right of Way (in, under, across, or apply for a permit. Such activity, including but not limited to laying, constructing, mainta repairing cable, conduit, pole lines, gas lines, or any other utility, shall apply for a pern application for a permit, the following must be submitted: 1. Complete application form (attached hereto); 2. Attach a Vicinity Map or Key Map page; and 3. Provide detailed construction drawings indicating the scope of work and complie attached Brazos County Design Standards and Safety Precaution Requirement Conducted in Brazos County Rights of Way. The completed application and all of its appurtenances shall not contain any false information any material facts. Only after obtaining the Right of Way Permit can construction begin. Early start on any other than emergency situations, will not be considered. Permitting may take up to two weel A separate application must be filed for each work site. Written notices are required: 1.24 hours in advance of construction start up; 2. If an emergency existed, 24 hours notice after construction started; and 3. Notification that construction is complete and ready for County to inspect to ensure way is returned back to original condition. Provide Notice to: Joe Salvato Phone Number (979) 822 -2127 ext. 3033 Brazos County Engineer's Office 2617 Highway 21 West Bryan, Texas 77803 e -mail - JSalvato @brazoscountytx.gov Failure to obtain a permit and/or notify the County Engineer's Office within 24 hours construction shall constitute grounds for job shutdown. long), shall ing, and/or :. To make e with the for Work conceal of beginning voi. 1l0 rg. -2(0__-- BRAZOS COUNTY ROADWAY SAFETY AND ROAD PRESERVATION STANDARDS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY A. General Requirements 1. Adequate drainage shall be maintained in ditches at all times. 2. Permittee will use best management practices ( "BMP ") (EPA and TCEQ both provide list of examples. of BMPs) to minimize erosion and sedimentation resulting from the proposed installation. 3. The permittee shall take precautions to avoid damage to property. All County Right of W y and property .shall be restored to its original condition, as far as.practical, in the opinion of the county Engineer or appointed representative. 4. The construction and maintenance of such utility shall not interfere with the property or ri hts of a prior occupant. 5. Permittee shall not interfere with other utilities located in the right of way. In the event damages occur, permittee will be liable to the County or other utilities running through the right of way. 6. County Engineer shall determine whether or not permittee's plans shall inconvenience the public. If it is determined that inconvenience to the public exists, then the County Engineer will decide whether such project will be allowed or if an alternative exists so as not to inconvenience the public. B. Safety Requirements I . Proper traffic control measures must be put in place prior to beginning work and remain in place during the duration of the job. All traffic control measures must follow Texas Manual on Uniform Traffic Control Devices (TMUTCD). See Traffic Control Requirements below. 2. During construction, all safety regulations of the Texas Department of Transportation shat I be observed. 3. Permittee must take such precautions and measures, including placing and displaying safely devices, as may be necessary, in order to safely conduct the public through the project area. Company shall provide flagmen, signs, signals or devices necessary to provide complete safety to the public. 4. Adequate provisions must be made to cause minimum inconveniences to traffic and adjacent property owners. 5. No cable, conduit and /or pole line shall be laid, constructed, maintained and /or repaired so as to constitute a danger or hazard of any kind to persons or vehicles using such road. Any poses placed in the Right of Way for future installation shall be placed at the back of the Right of Way. Exceptions may be approved by the County Engineer. C. Traffic Control Plan I . A traffic control plan, pursuant to the TMUTCD or Engineered Traffic Control Plan. must a provided for the following: a. Any construction (i.e. pit, excavation, hole) left open overnight, requires s ecific nigh 'me traffic control measures pursuant to the TMUTCD; Vol. 1 Pg. / b. If construction is within ten (10) feet of roadway; or c. Any work performed in the road right of way. 2. Plan must be attached to the permit and kept at the job site any time work is being 3. Plan must set forth the time of completion for the job. D. Design Standards 1. All overhead installations shall conform to clearance standards of the Texas Department o Transportation and the pole be placed in the designated area for power specified as set forth in the Texas Utilities Code, Section 181.045. 2. All pole installations (including lighting) shall be placed at the backside of the Right of W y to ensure safety to the public. Any pole placed in violation of this requirement will be required to be moved to the appropriate location at the company's expense. Exceptions may be approved by the Coun ty Engineer. 3. All underground installations shall (these are minimum depths— utility may be deeper): a. be placed at a minimum depth of forty-eight (48) inches below the top of the pavement b. be at least thirty. -six (36) inches below ditch flow line when installation is within the ar a measured from top of bank to top of bank; c. be at least forty - eight (48) inches below ditch flow line if low pressure gas or petroleum lines. For high pressure gas and petroleum lines, see High Pressure Pipelines requirements listed bel d. not be closer than .ten (10) feet from the edge of pavement. Exceptions.may apply in rights of way of less than 60 feet. 4. Water lines: All water lines must be a minimum 36- inches below the ditch flow line and cased. . Waterlines shall be cased if crossing .under the roadway. 5. Utilities in all new developments that have 60 feet or greater of right of way shall be installed within designated locations based upon the type of utility. The locations shall be as follows: (measured for back of right of way) Power — 0 -2 feet, nominally 1' Phone — 2 -4 feet, nominally 3' Gas - 4 -6 feet, nominally 5' Cable— 6=8 feet-, nominally 7' 6. Utilities with less than 60 feet right of way in all new developments shall install the utili in a similar manner as referenced in No. 3 above, however, the County Engineer or its designated representative will provide final approval of each utility location. 7. The length of any trench to be opened in advance of the pipe, conduit or ducts may not:be longer than 400 feet if left open overnight or unattended. 8 Crossings under a county road shall: a. be bored or jacked. ABSOLUTELY NO OPEN CUTS WITHIN COUNTY ROAD PAVEMENT; b. be pressure grouted for the full length of the crossing if the annular space between pipe and casing and soil exceeds one (1) inch. Brazos County must be given 24 hours notice of pressure grouting operations and have the opportunity to have an inspector on site to observe pessure grouting operations; p p , .�'�� <� Vol. _ I �e PS•.�= c. TxDOT Standards specification Item 476 shall be followed for all boring, jacking, tunn ling and joints. 9. Bore Pits: a. no pits shall remain open longer than 2 days; b. all pits shall have proper traffic control measures in place. See Traffic Control Plan listed above; c. pits shall NOT be located within -ten (10) feet from the edge of pavement without prior approval from the County Engineer or his representative; d. when pits are to remain open for more than 8 hours, due diligence will be used in protecting the spoil pile to prevent drainage problems; e.. based upon soil conditions, the County Engineer or his representative may require shoring to protect integrity; f. based upon soil conditions, the County Engineer or his representative may require pits b placed further from the-edge of road. 10. Any installation within ten (10) feet of edge of pavement shall meet the following: a. location must be approved by the County :Engineer or his representative; b. backfilled with cement stabilized material; c. based upon soil conditions, the county Engineer or his representative may require shorir g to protect pavement integrity; d. All excess water and mud shall be removed from the trench prior to backfilling. Any b ckfill placed during a rainy period or at other times.where excess water cannot be prevented from entering the trench will be considered TEMPORARY and shall be replaced with PERMANENT cement stabilized material as soon as weather permits; e. All disturbed base and pavement materials shall be removed and restored to the satisfac ion of the County Engineer or his representatives; f. No side or lateral temping to fill voids under the base and pavement materials is allowe . 11. Company must be careful to not jeopardize the slope or integrity of the shoulder of the roa . In the event Company damages the slope, shoulder or any other portion of the right of way, Company will be responsible for repairing the damage and. replacing the right of way to the condition it was rior to commencing construction. 12. Operation of construction and/or maintenance equipment on the traveled surface of any im roved County road will not be permitted, except in an instance whereby the laying, construction, mainten ince and/or re repair of cables, conduits and /or pole lines cannot be accomplished by any other method ar d in this event all such equipment shall be of the rubber tire variety. Appropriate traffic control shall be p ovided meeting TMUTCD requirements. 13. In the event said construction and/or maintenance and /or repair requires Company to remove, cut or jeopardize any section of the road (asphalt, cement, road base, etc.), Company will be requ red a performance bond or letter of credit securing necessary repairs.. Said bond amount will be ietermined by the County Engineer. 14. The applicant shall submit a letter of "No Objection" from the Army Corps of Engineers fqr all designated wetlands- and environmentally sensitive lands. E. Emergency Work 1. In the event Company is required to perform emergency services, that requires excavation in the a County Right -of Way, and unable to notify the County Engineer prior to conducting emergency repairs, Company �`r' Vol. No pg. shall notify County Engineer within 24 hours of beginning construction /repairs. This will Ilow the County Engineer's office an opportunity to inspect the site to ensure the integrity of the County Right of Way and traffic safety controls used. F. Repairs to Existing Facilities 1. Maintenance and/or repair to existing cables, conduits, and /or pole lines which require disturbance of the soil, shall not be performed until plans describing, such maintenance and /or repair have be n approved by the County Engineer or designated representative and a permit has been obtained. G. Relocation of Utilities 1. When and if the County Engineer *determines that it is necessary for the construction, repair, improvement, alteration or relocation of all or any portion of said road, any or all poles, wires, pipes, cables or other facilities.and appurtenances,authorized hereunder, shall be removed from said road, or reset or relocated thereon, as required by the County. Engineer within'a reasonable time as determined by the County Engineer and Utility Company, and at the expense of the Utility Company. H. High Pressure Pipelines 1. All utility Permits for high pressure pipelines (generally 60 PSI or greater), whether pertai controlled access or non - controlled access installations, should contain the following,addi information in the description of the permit: - diameter -wall thickness - material specification - minimum yield strength - maximum operation pressure of the pipeline ing to 2.. With the exception: of the maximum operation pressure of the pipeline, this information is to be supplied for both the carrier pipe and the casing. 3. Assurance must also be given that the installation material and design meet the minimum Standards for Liquid and Gas Pipe Lines. Assurance must be provided on company letter] by an. authorized representative of the company. 4. Petroleum Pipelines: Depth Type of Pipeline (below•deep6t ditch erade) Special Requirements Encased Pipe Less than 10' Encased Pipe Greater than 10' Non -Cased Pipe Less than 10' Non -Cased Pipe Greater than 10' Must be covered with a concrete pad No concrete pad'required Must be covered with a concrete pad No concrete pad required ral Safety and signed : least 36" deep least 48" deep Concrete pad shall be minimum of 3" thick and width shall be pipe diameter plus 18" m�nimum. 5. Under no circumstances will a pipeline be installed parallel to a County Road within the 6. Natural Gas Distribution is a line that serves the final customer. of Way. - Vol. _ Pg. REQUEST FOR PROPOSED INSTALLATION IN COUNTY RIGHT -OF -WAY TO THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS BRAZOS COUNTY COURTHOUSE BRYAN, TEXAS 77803 Formal notice is hereby given that (applicant) Wickson Creek Special Utility proposes to place a (type) Waterline within across x the right -of -way of (road) Wilcox Lane in Brazos County, Texas as follows: The location or description of the proposed installation is more fully shown by 3 copies of the drawings attached to this notice. I understand and agree that: 1. The County Engineer must be notified 72 hours prior to the beginning of construction in order that he, or his designated inspector, may inspect the actual installation. 2. . All damage to the roadways and rights -of -way will be repaired to their original condition to the satisfaction of the County Engineer. 3. Brazos County reserves the right to require Applicant to relocate or lower any such line at no cost to Brazos County, should same become necessary due to widening or lowering, or other alteration of the roadway or right -of -way. 4. Brazos County will in no way be responsible for any damage which might occur to any existing utility lines in the right -of -way. 5. The line will be constructed and maintained on the County right -of -way in accordance with the Utility Accommodation Policy which was adopted by the Texas Department of Transportation on May 29, 1989. 6. The line or lines will be constructed.no less than twenty -four inches (24 ") lower than the lowest part of the drainage or bar ditch and the drainage is to be considered at least two feet (2') below the center of the roadway. 7. All sites will be barricaded during the construction period. Construction of this line will begin on or after the20 'day of September 2012 t .I Firm: Wicksgfi Creek S12ecial ility Di By: n Title: General Manager -� '- Address: B. 0. Box 4756 Bryan, Texas 47805 Phone: 9.79 -589 -3030 APPROVED BY COMMISSIONERS' C RT ON: Dwayne Peters, County udge strict tract �o�. 1 �7 Pg. S I BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT' Road and Bridge DEPT. NUMBER 56001000 DATE OF COURT MEETING: September 18, 2012 ITEM: Precinct 4. SOURCE OF FUNDS: N/A EXCEPTIONS: 1. Denote Highway 6 Right of Way dimensions. .2. Denote all exterior dimensions. NOTES: • Owner/Developer: Gunler Real Estates, Inc. • Surveyor: Goodwin/Lasiter, Inc. SUBMITTED BY: R. Alan Munger, P.E. County Engineer CC2012 -041 This Request is, Approved . (or) Denied Date: r 19C°'f'4� E. Duane Peters, County Judge APPROVED Precinct 4 by Commissioners' Court Vol. g Application for Development office Use Only. Bmzbs County Subdivision and Development Regulations ,4 . 1111463 County Engineering Department :2617. Hwy 21. West, Bryan, Texas 77803 (09)422-2127 Master Plan Final Plat to Re-Plit Amending Plat Property Description Road Location: Hamm 8 Legal Description: MOD L MdmgW Sur , M - p way A- mama Gotaft. Tamil - CAD RE363331 Subdivision Description Subdivision Ntmd: GUNIWAdMon Total numbei lots. 1 TOW Acreage: i Property Owner Owner name(s): Oudw Food Eaton, Inc. Currint mailing address: me six Pkm ode, saes emomm wocavift Tom rrao Pbone nuniber(s): - INSUM43VIS Applicant or Authorized Agent. Engineer or Surveyor Name and Addnm:.eoodud*Laaow. inc- Park Raymond. R.P") Pbbw number(s)• wAl- Nam and Address: 4on irons pink odve awn, Texas m 7m Phood nunibeF(s). Application Is for Residential Mobile Home Park Commercial (✓) Is any of the property located in a FloiDdplain or Flood Hazard area?, No (yes/110) Admowlatsume The flood ban ini boundary neaps zed odxr now data U11" by Brazos County in aWasting flood lucank a pr deMopmodsare oar " masouble and accurate for regulatory purposes and are based an die bee available sc antific ad mghzo*du& On rat o=ions Wader floods am and will cocurvid flood heights may be increased curses hamma; of Floodplain Permit in accordance with the Bnn:iii County Flood Damage Pravadion Ordbwm does no imply dot dmelopmad outside tht area ofspecial flood buirdvoill be Bee fim lloodingor flood damille. Issommofs permit sliall not am liability on ft pea orl3nm County or.mW officer or employee of Bears Canty in tic.irmt flooding or flood doompe does occur Is part or all of the property within an ETI ofacityl Yes (y oo) Will any consb=don occur in TxDOT right-of-ways? _YeS_ (yes/no) Application Check List: Copies of finished plat with correct - ions (if any): El 9 copies to Brazos County 13 One (1) copy to Brazos County Health Dept. U -One (1), copy to Brazos County 911 El One (1) copy to [=I Water District or Company Lam orappmvw (to be seutbjjhe approving institution directly to Bram; County EngiuewLq&. El Latter from Brazos County Health Dept — For onsite sewage evaluation. a L etter from Brazos County 911 — For food names. El Lefler from Weer District or Company. — Slating water availability, etc.. if property is within an ETJ of city: D Approval notification from approprials city- Applicant saw that they Jim signed this application in the capacity designated, if any, and fiftwidher is that they have read document and the statement contained herein and any attached are true and facim L All applicants are encouraged 6 review the County RWkdm prior to any plat subrniftaL It is undo rsk od that this application.is not finished or dated until all documents listed above we filed at the Brazos Count F Eogm allappficable blanks are filled in to application above. 21 W C, a —(Z— ApoliefiEt's Siguafttro Date County Witness I =- 0a. voi.- BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2011 -2012 BUDGET YEAR NO. 11/12 47.1 — 47.16 On this the 18th day of September 2012 at a regular meeting of the Commi following members were present: A. Duane Peters, County Judge, Presiding B. Lloyd Wassermann, Commissioner, Precinct 1 C. Sammy Catalena, Commissioner, Precinct 2 D. Kenny Mallard, Commissioner, Precinct 3 E. Irma Cauley, Commissioner, Precinct 4 F. Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on 18th day of September 2012 the Court heard and amendment for the 2011 -2012 budget year for Brazos County, Texas; and Court, the a budget 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, �he following amendment(s) to the original budget are hereby authorized, as described on the attached ADOPTED AND APPROVED this the 18th day of September 2012. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. B Duane Peters, County dge Original: County Clerk's Office and Attached to the original budget Copies: County Auditor County Treasurer County Budget Officer Commissioners' Court Minutes Vol. I � Pg. 94 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 11/12 - 47.1 9/1 HOW 2 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Incr ase Decrease 0100 13000100 80211000 CR Computer Software 6,000.00 0100 13000100 71020000 DR Com uter Contracts ,000.00 Tax Assessor /Collector Reallocation of funds to cover the aining balance for the Peo leware Software Annual Agreetnent. f a lai' ..r..•x� r '; fy�: y ^f`g.,.r,- � �; J?repaie'.d' Vol.' _BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 11 /12 - 47.2 9/1 RPM! 9 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Inc ease Decrease 0100 0100 30401100 30401100 65320000 71500000 CR DR Equipment - Maintenance Rental Eq 35.00 35.00 Constable Pct. 4 - Constable Butler Reallocation of funds due to insufficient funds in this class of accounts. Prepated:By: ; ,j��t. , �.,, , inm VOI. _ • COUNTY, TEXAS - BUDGET AMENDMENTS No. 11 /12 - 47.3 amain , 3 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 20000100 71500000 CR Rental Eq uipment 784.00 0100 20000100 67342000 DR Furniture 784.00 District Clerk - Administration Reallocation of funds to Pav for a cabinet purchased in FY 2011. The invoice was not received until FY 2012. r, r� �ti,t. r�..Mi .. .y ^ .{; N +� �`. ."j..7' ^.zfi'. ',A ��r}•.'�e.Yr'�,��.' '��o`'"� '�1.�:�= .. ,�- „yj."P _ ;_.1�7 y :...ra .'c"..�•,'.F'�a- .• "�a *k ::i.. �.x,.�`_:.:!S?i x "r'i.. -i; % t�'�.r 'f- r�"•,._ tip..: �". .!{ Prepare B y —”, , j Vie... VO BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 11/12 - 47.4 9/18/2012 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 11001500 61130000 CR Contingency 24,000.00 0100 11000100 53310000 DR Retiree Health Insurance 2A,000-00 Commissioner's Court and General Fund Contingenc Reallocation of funds to cover Retiree Health Insurance for the remainder of FY 12. Vol. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 11/12 - 47.5 air u /12ni l FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 3000 3000 0100 0100 0100 311100 31000100 31000100 51751000 91300000 49029000 51751000 53100000 1 CR DR CR DR DR St Supplement - TJPC - JPO Transfer to General Fund Transfer from Grant Fund St Supplement - TJPC - JPO Social Security 3,983.12 3,983. l 2 3 251.58 3,983.12 0100 31000100 53200000 DR Retirement 429.16 0100 31000100 53800000 DR Workers Comp. 13.78 TJPC -Z Salary Adjustment and Juvenile Services Reallocation of funds due to reclassifying JPO & JDO stipends for TJJD 2013 grant year to be allocated where positi charged. n's regular salary is is ;,Dat y i. ti • � • i" -; Zvi. e•.. �:: �::: - Vol. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 11/12 - 47.6 9MRM12 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Inc ease Decrease 3000 311100 51751000 CR St Supplement - TJPC - JPO 2 3000 311100 51751100 CR St Supplement - TJPC - DET 1,593.25 3000 91300000 DR Transfer to General Fund 3,717.58 0100 49029000 1 CR Transfer from Grant Fund 3,717.58 0100 31000200 51751000 DR St Supplement - TJPC - JPO 1,75192 0100 31000200 51751100 DR St Supplement - TJPC - DET 1,315.44 0100 31000200 53100000 DR Social Security 234.81 0100 31000200 53200000 DR Retirement 400.55 0100 31000200 53800000 DR Workers Comp. 12.86 TJPC - Z Salary Adjustment and Juvenile Services - Detention Reallocation of funds due to reclassifying JPO & JDO stipends for TJJD 2013 grant year to be allocated where position's charge regular salary is PreparednBy, -'r= • *� '' .� :�;,:3 �7;inini Vol. B R_A_ZOS C_ OUNTY, TEXAS BUDGET AMENDMENTS No. 11 /12 - 47.7 ail Rjgnv 3 FUND DI V ACCT PROJ DR/CR ACCOUNT NAME Increase I Decrease 3000 311100 51751000 CR St Sup lement - TJPC - JPO 265.54 3000 91300000 DR Transfer to General Fund 265.54 0100 49029000 CR Transfer from Grant Fund 265.54 0100 31000300 51751000 L DR St Supplement - TJPC - JPO 219.24 0100 31000300 53100000 DR Social Security 16.77 0100 31000300 53200000 DR Retirement 28.61 0100 31000300 53800000 DR Workers Comp. 0.92 TJPC - Z Salary Adjustment and Juvenile Services - Academ Reallocation of funds due to reclassifying JPO & JDO stipends for TJJD 2013 grant year to be allocated where position's char ed. regular salary is ti VOI. BRA COUNTY, TEXAS BUDGET AMENDMENTS No. 11/12 - 47.8 911 Al2ni 9 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Incr ase Decrease 3000 311100 51751000 CR St Supplement - TJPC - JPO 265.54 3000 91300000 DR Transfer to General Fund 265.54 0100 49029000 CR Transfer from Grant Fund 265.54 0100 31010000 51751000 1 DR St Supplement - TJPC -1PO 219.24 0100 31010000 53100000 DR Social Security 16,77 0100 31010000 53200000 DR Retirement 28.61 0100 31010000 53800000 DR Workers Comp. 0 TJPC - Z Salary Adjustment and TYC Parole Reallocation of funds due to reclassifying JPO & JDO stipends for TJJD 2013 grant year to be allocated where positio charge 's regular salary is Pre /!_ti 2 Q 121 Vol. _ BR AZOS C OU NT Y, TEXAS BUDGET AMENDMENTS No. 11112 - 47.9 9118/2ni 2 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Inc ease Decrease 3000 311100 51751000 CR St Supplement - TJPC - JPO 265.54 3000 91300000 DR Transfer to General Fund 265.54 0100 49029000 CR Transfer from Grant Fund 265.54 0100 31050000 51751000 1 DR St Supplement - TJPC - JPO 219.24 0100 31050000 53100000 DR Social Security 16.77 0100 31050000 53200000 DR Retirement 28.61 0100 31050000 53800000 DR Workers Comp. 0.92 TJPC - Z Salary Adjustment and Juvenile Title 1V -E Reallocation of funds due to reclassifying JPO & JDO stipends for TJJD 2013 grant year to be allocated where position's charged. regular salary is 1. .tl!� SJ1 aPr " "epaced*'By, ,< vR Ahrimi Vol. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No: 11112 - 47.10 am %ai*inv3 FUND Di V ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 3000 311100 51751000 CR St Supplement - TJPC - JPO 265.54 3000 312100 51751000 DR St Supplement - TJPC - JPO 219.24 3000 312100 53100000 DR Social Security 16.77 3000 312100 53200000 DR Retirement 28.61 3000 312100 53800000 DR Workers Comp. 0 TJPC - Z Saiary Adjustment and Juvenile State Aid Reallocation of funds due to reclassifying JPO & JDO stipends for TJJD 2013 grant year to be allocated where position's char ed. regular salary is '�{:jtaY "' J P.re p� �g� °.B • , H �';'r�'�'.� nnm, VOI. ` BR COU_N_TY,_TEXAS BUDGET AMENDMENTS No. 11112 - 47.11 9/18/2012 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 3000 311100 51751000 CR St Supplement - TJPC - JPO 796.62 3000 311100 51751100 CR St Supplement - TJPC - DET 132.77 3000 312100 51751000 DR St Supplement - TJPC - JPO 657.72 3000 312100 51751100 DR St Supplem ent - TJPC - DET 109.62 3000 312100 53100000 DR ISocial Security 58.70 3000 312100 53200000 DR Retirement 100.14 3000 312100 53800000 DR Workers Comp. 3.21 TJPC - Z Salary Adjustment and Juvenile State Aid Reallocation of funds due to reclassifying JPO & JDO stipends for TJJD 2013 grant year to be allocated where position's charged. regular salary is Vol. B_R_AZ_O_S COUNTY, TEXAS _BUDGET AMENDMENTS No. 11/12 - 47.12 or1 at ?n1 7 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 3000 311100 51751000 CR St Supplement - TJPC - JPO 1,062.16 3000 312100 51751000 DR St Supplement - TJPC - JPO 876.96 3000 312100 53100000 DR Social Security 67.09 3000 312100 53200000 DR Retirement 114.44 3000 312100 53800000 DR Workers Comp. 3.67 TJPC - ZS812ry Adjustment and Juvenile State Aid Reallocation of funds due to reclassifying JPO & JDO stipends for TJJD 2013 grant year to be allocated where position's charge regular salary is Vol. � BRAZOS_COUNTY, TEXAS BUDGET AMENDMENTS No. 11112 - 47.13 CIMaP n412 N NDDIV ACCT PROJ DR/CR ACCOUNT NAME Incr ase Decrease 00 311100 51751000 CR St Supplement - TJPC - JPO 265.54 3000 312100 51751000 DR St Supplement - TJPC - JPO 219.24 3000 312100 53100000 DR Social Security 16.77 3000 312100 53200000 DR Retirement 28.61. 3000 312100 53800000 DR Workers Comp. 0.92 TJPC - Z Salary Adjustment and Juvenile State Aid Reallocation of funds due to reclassifying 1PO & JDO stipends for TJJD 2013 grant year to be allocated where position's char ed. regular salary is Vol. I BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 11/12 - 47.14 9/1812012 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 3000 311100 51751000 CR St Supplement - TJPC - JPO 265.54 3000 312100 51751000 DR St Supplement - TJPC -1PO 219.24 3000 312100 53100000 DR Social Security 16.77 3000 312100 53200000 DR Retirement 28.61 3000 312100 53800000 DR Workers Comp. 0.92 TJPC - Z Salary Adjustment and Juvenile State Aid Reallocation of funds due to reclassifying JPO & JDO stipends for TJJD 2013 grant year to be allocated where positi charge Dn's regular salary is �. N7 Cr1}:C i}' S �R Prepared By �' � � a• -••�. • nnm; Vol. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 11112 - 47.15 9/18/2012 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 3000 311100 51751000 CR St Supplement - TJPC - JPO 265.54 3000 318700 51751000 DR St Supplement - TJPC - JPO 219.24 3000 318700 53100000 DR Social Security 16.77 3000 318700 53200000 DR Retirement 28.61 3000 318700 53800000 DR Workers Comp. 0.92 TJPC - Z Salary Adjustment and TJPC - C - Commitment Reduction Reallocation of funds due to reclassifying JPO & JDO stipends for TJJD 2013 grant year to be allocated where position's charged. regular salary is Vol. BRAZOS COUNTY, TEXA_S__ BUDGET AMENDMENTS No. 11/12 - 47.16 n neAn FUND 3000 3000 DIV 3111 311100 ACCT 51751000 53300000 PROJ DR/CR CR DR ACCOUNT NAME St Supplement - TJPC - JPO Health Insurance Increase 221.33 Decrease 221.33 TJPC - Z Salary Adjustment and TJPC - C - Commitment Reduction Reallocation of funds due to cover benefits balance for FY 12. ^.7!^"�L.�.'�°,.',. }L �3.•� },. `., .,••:'"`j^ .`+ti±n1Y -y L.,r r y.,... � �`:N X. 2:�., kr � �c �.*.:.�;1i' � w e �.t L ' !x� 4'r�..++., _ :i,a •, 1 : i..i7r:; . `''t 7�, e.;w, i ? � y � 1:�., 'ti•, ms- ;,; °: - M_ .Y- _ �t�''f.�i; F� �••:_Si..�! - T tl.;:.. 31" s�i � t�'�t.._• :C':.. �;'.� �^!' �,±• :! ^ 44+ r���. 3 x.'•A:ti..•..r! 1 1!!T' �" i `1 i � y .•iL•' F?.^'�F�'" ?t..= :gr'aiS.'a^'.�- � ^a3:?lri3y�t'� ,'.7'�.; �:�1 . r..-=- �--- ,_..,r..�u..o-N.++.y._...�. -. -., _.. - -. ... __.. ��,... •.. ��_!.. _.A�._ ,...�.J Ll+�t� /.�,'� t•t ,�. `":,; 3.... u�l}'.:�. �.. �:."� N � { ��': fe 7: 1tT, ` Y+� :'� -.�<v. .Y >.�.i; �•�g:n'",giC'3'd.": t.�'7:1•:TM•� q ,M4s°t .. Y'�1;�w;r•::'�r Vol. PER CHANGE OF STATUS REQUESTS 1 Commissioner Court Date: September 18, 2012 .Department Submitting Information: Human Resources Purpose. of Submissions: Consider and Take Action on Ch Department'Submitting Request(s) County Clerk Employee Request Applies To Ocon Krystal Promotion S.O. Jail Basey, Jerry Bounds, Steven Davis, Sheleana Elmore, Austin Hinton, Blake Jochec, Lynnette Mckinney, LaKeth Quach,, James Salazar, James Smolinsky, Lauren New Hi Step In ReinstE Step In Step In New Hi Step In Step In New Hi Step In Approved in Commissioners' Court: Se to 012• y ;jcounty.4udge's or-Commissioner's Signature: (.This Copy•to be attached to minutes) Vol. 1 6 7 pg . Action ase ase ase se Brazos County Purchasing Department Weekly Update 9/7/12 — 9/13/12 Number of PO's Processed: 50 Requisitions Completed: 0 Capital Payments: 3 Projects In Progress Construction Courthouse: Phase III - Currently working on detention area on 1 st floor o Floor finishes and painting - Currently working on mechanical yard in courtyard area o Installing Chillers and generator - Elevator in progress • Pouring slab in basement • Installing framework Bids/ RFP's/ RFQ's RFQ for MPO - Evaluation Resp it RFQ for Surveyor - Evaluating Resp it RFQ for Tax Office Architect - Evaluation Resp n: Poly Jute -Dept. reviewing s e Inmate Telephone Services - Evaluating Resp C. Employee Insurance - Evaluating respot si Janitorial and Cleaning Supplies -Specs in Progres Collection of Fines and Fees - Proposals due 9/ 8 Road Signs and Sign Posts -Specs in progres Mail Service Contract - quotes due 9/17 Renewals Culverts -Court 9/25 Seal Coat -Court 9/25 Indigent Juvenile Defense -Court 9/25 Solicitation of Quotes Benches for Magistrate Courtroom -Court Approved 7 Vol. 1 Pg . 10 2 AN for Magistrate Courtroom - Solicitation in progress Other Auction - Online Auction closes September 7 Purchasing Policy - Reviewing and revising policy Assets - In Process of Reconciling Period 11 Print Management - Results received and reviewed by IT. After reviewing it has been decided to get analysis from other Companies to get a better idea of cost. 90 Day analysis start date to be determined. Roof Replacement - Working on proposal to write specifications Appliance Policy - Versions in progress for Court review - Currently under review by Auditor's office Radios for Bailiffs - Currently working on scope ACKNOWLEDGED Duane Peters Date County Judge Vol. Pg . 103