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HomeMy WebLinkAbout2012-10-02-10:00AM-REGULAR SESSIONBRYAN,TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON OCTOBER 2, 2012 AT 10:00 AM IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVE., SUITE 106, BRYAN, TX 77803 Invocation and Pledge of Allegiance - Chaplain G.H. Jones and Commissioner Wassermann 2. Call for Citizen input and /or concerns. Consider and take action on agenda items 3 - 45: 3. Consider and possible action regarding a burn ban. 4. Brazos County Payroll for FY 2013 5. Order # 12 -015 Directing the Payroll Fund to the General Fund of Brazos County. 6, Republican and Democratic appointment for Presiding Judge and Alternate Judge for a period of 1 year, ending on July 31, 2013. Cita republicanos y demdcratas Para Juez Presidente y Maaistrado suplente por un periodo de un ano, hasta el 31 de iullo de 2013. 7, Resolution # 12 -009 Participation Requirement on Federal Off - System Bridge Program Project CSJ 0917 -17 -058. g, Resolution # 12 -010 Participation Requirement on Federal Off - System Bridge Program Protect CSJ 0917 -29 -121 & CSJ 0917 -29 -120 & Letter of Waiver of Local Match. 9, Request by the Sheriff's Office to approve the Courthouse Visitor Identification Card Policy and Approval Proces for the new Courthouse Identification Program. 10, Effective Dates & Medical Dental & Vision Premiums for Employees & Retirees for 2013. Vol. P9• BRAZOSCOUNTY 11. A of the following orders regarding the Texas County & District Retirement System ( T Plan Provisions for 2013: a Authorization to maintain TCDRS plan provisions. b Authorization to make Optional Contribution to the County's Account in the Subdivision Accumulation Fund (SAF) 12, Approval of mob descriptions for all approved FY 2013 budgeted positions. 1 Appointment of non -paid Reserve Deputies for the Constable Precinct 2 office as follows: • a. Joseph P. Gonzales • b. Robert V. Williamson • c. Rusty D. Trahan 14. Permission to use a Temp Agency to fill the following positions for a total of 320 working hours per position• • a Audio Video Specialist Class Code 1235 Position 1 at $18.00 per hour • b Proq /Analyst - IT Class Code 1217 Position 1 at $17.00 per hour • c Proq /Analyst - IT Class Code 1217 Position 2 at $17.00 per hour • d Network Technician Class Code 1231 Position 1 at $14.00 per hour 15. Reclassification for the following positions in the Brazos County Expo Complex and Brazos Valley Fair & Exposition effective October 13, 2012: • a Eliminate Manager BV Fair & Expo Class Code 0842 Position 1, Group 32 Step 2, Pay Code 013 • b Eliminate Director of Special Events Facilities Class Code 0840 Position 1, Group 34 Step 5 Pay Code 012 • c Eliminate Cell Phone Allowance for Director of Special Events Facilites Class Code 0840 Position 1. Pay Code 330 • d Create General Manager BV Fair & Expo Class Code TBD Position 1, Group 34 Step 6, PaV Code 012 • e Create Cell Phone Allowance for General Manager BV Fair & Expo Class Code TBD Position 1, Pay Code 330 • f Create Asst Manager BV Fair & Expo Class Code 0843 Position 2, Group 27 Step 2, Pav Code 013 • q Create Cell Phone Allowance for Asst Manager BV Fair & Expo Class Code 0843 Position 2, Pay Code 330 • h Eliminate Assistant Director - Expo Class Code 0841 Position 1 Group 26 Step 7, Pay Code 013 • i Eliminate Cell Phone Allowance for Assistant Director - Expo Class Code 0841 Position 1, Pay Code 330 • j Create Associate Director - Expo Class Code TBD Position 1 Group 26 Step 8, Pay Code 013 • k Create Cell Phone Allowance for Associate Director - Expo, Class Code TBD Position 1, Pay Code 330 • I Create Temporary Clerk Class Code TBD Position 1, Group 12 Step 8, Pay 017 16. Reguest by the County Clerk for a variance of the Comp Time Policy, allowing employees of the County Clerk's Office until February 15 2013 to take their accrued comp time earned while workma the November General Election. 1 Payment Authorization by the Sheriff's Office to Auto Body Specialties in the amount of $581.45 for towing of two vehicles involved in a criminal case. 1 Payment Authorization by the Sheriff's Office to Advanced Auto Repair in the amount of $577.33 for vehicle repair. 19 Payment Authorization to Dallas Co SW Institute of Forensic Sciences in the amount of $6,903.00 for Vol. Pg.�_ additional DNA testing done on an Injury to a Child case: invoice exceeded the amount of purchase order. 20. Payment Authorization to Bexar Co. Forensic Science Center in the amount of $1,360.00 for GSR (gunshot residue) testing done for upcoming Am. Robbery trial; invoice exceeded the amount of purchase order. 21. Payment Authorization to St. Joseph Hospital in the amoun to of $8,547.50 to pay outstanding invoices for blood draws performed on suspects of felony and misdemeanor DWI offenses. 22. Approval of the following committee to evaluate RFP 2013 -10 - Collection of Delinquent Criminal and civil Court Costs, Fines and Fees: • a. Tommy Munoz, Justice of the Peace Pct. 2 -2 • b. George Boyett, Justice of the Peace Pct. 3 • c. Tanya Skinner, Collections Director • d. Sammy Catalina, Commissioner Pct. 2 • e. Travis Bryan III, 272nd District Court Judge • f. Leslie Williams, Purchasing Representative - Non Voting Member • q. Representative of the County Attorney Civil Department - Non Voting Member 23. Consider and take action on the transfer of licensing for the PACS collections application from the Brazos County Appraissal District to the Brazos County Tax Office 24, Certification of Governmental Entity Participation in the Texas Healthcare Transformation and Quality Improvement Program 1115 Demonstration Waiver Program. 25. Reguest from the Sheriff's Office for renewal of the annual service agreement with Voice Products Service Inc. for the I- Record Audio and Video Interviewing Equipment for October 1, 2012 through September 30, 2013. 26, Request from the Sheriff's Office for renewal of the annual service agreement with Southwest Solutions Group for the rolling spacesaver storage system used for storing evidence. 27, Agreement with the Bryan /College Station Chamber of Commerce, Inc. for FY 2013. 28. Funding Agreement with the Mental Health Mental Retardation Authority of Brazos Valley (MHMR) for FY 2013. 29, Funding Agreement with the Brazos County Soil & Water Conservation District #450 for FY 2013. 30. Agreement with the Dispute Resolution Center - Central Brazos Valley, Inc. for FY 2013. 31, Funding Agreement with Brazos County Precinct 3 Volunteer Fire Department. Inc. for FY 2013. 32, Agreement with Junction 505 for the management of citizens collection sites for FY 2013. 33. Amendment to the second renewal lease with Southwood West for office space for Constable, Precinct 1 to correct monthly rental amount from $2.213.50 to $1,650. 34. Second Renewal to Lease with Southwood West for office space for Justice of the Peace. Precinct 1. 35. Renewal of Bid Contract 2013 -08R Uniforms for the Sheriff's Office with Lone Star Uniforms. ZOt3 36. Renewal of Bid Contract 2A't -02R, Oil Change Services with H &M Wholesale. 37, Permission to Advertise the following Bids: • a. 2013 -11, Road Signs and Sign Posts • b. 2013 -16, Asphalts, Oils and Emulsions • c. 2013 -17, Cold Mix Limestone 38, Consider and take action on acceptance of the following revised application forms pertaining to Vol. / � f Pg. 3 1 utilities in Brazos County Right of Way: • a Application for Electrical Utility Permit Designating Placement of UtilitV in County Right of way. • b Application for Water Utility Permit Designating Placement of UtilitV in County Right of Way. • c Application for Gas UtilitV Permit Designating Placement of UtilitV in County Right of Way. 39 . Treasurer's Report for the month of July 2012. 40. Tax Refund Applications for the following: • a. Carrinqton Mortgage - overpaVment- $544.98 • b. Rob & Lisa Lehmann, Jr.- overpaVment - $100.00 • c. Craig & Vicki Hillert - overpaVment- $14.24 • d. Crispin L. & Linda A. Smith - overpayment- $42.38 • e. Joe C. Fazzino - overpayment- $12.64 41. Budget Amendments. Budget Amendments FY 11/12 49.1 thru 49.4. Budget Amendments FY 12/13 1.1 thru 1.47 42. Personnel Change of Status. Personnel Action Forms 43. Payment of Claims. 44. Convene into Executive Session pursuant to Section 551.087 to discuss or deliberate economic development negotiations. 45. Consider and possible action on the Executive Session. 46. Acknowledgement of the Brazos County Purchasing Department Update for September 21 - 27, 2012. 47. Sheriff's report on inmate population. 48. Announcement of interest items and possible future agenda topics. 49. Call for Citizen input and /or concerns. 50. Adjourn. Vol. /W Pg. 4 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. Vol. to Pg '� — BRYANJEXAS MINUTES October 2, 2012 BRAZOS COUNTY COMMISSIONERS COURT REGULAR MEETING '� Signature Page.gdf 0 File Stamr)ed Agenda.odf Sign in sheet.gdf 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, October 2, 2012 with the following members of the Court present: Duane Peters, County Judge, Presiding; Lloyd Wassermann, Commissioner of Precinct 1; Sammy Catalena, Commissioner of Precinct 2; Kenny Mallard, Commissioner of Precinct 3; Irma Cauley, Commissioner of Precinct 4, Absent; 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 Wassermann 2. Call for Citizen input and /or concerns. There was no citizen's input. Consider and take action on agenda items 3 - 45: Vol. / 4 k Pg. lO BRAZOS COUNTY 3. Consider and possible action regarding a burn ban. The burn ban was tabled until the next meeting. Motion: Table, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 4 -0. Members voting Aye: Catalena , Mallard , Peters , Wassermann . Members Absent: Cauley. 4. Brazos County Payroll for FY 2013 0 Item 4.pdf The County Judge read into the record the salary and wages at $33,422,411, benefits at $15,114,264 for a total of $48,536,675. Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner LLoyd Wassermann. Passed. 4 -0. Members voting Aye: Catalena , Mallard , Peters , Wassermann . Members Absent: Cauley. 5. Order # 12 -015 Directing the Payroll Fund to the General Fund of Brazos County. Item 5.pdf Order 12 -015 Directing the Payroll Fund to the General Fund was approved as submitted. A copy is attached. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 4 -0. Members voting Aye: Catalena, Mallard, Peters, Wassermann . Members Absent: Cauley . 6. Republican and Democratic appointment for Presiding Judge and Alternate Judge for a period of 1 year, ending on July 31, 2013. Item 6.pdf Cita republicanos y demdcratas para Juez Presidente y Magistrado suplente por un periodo de un ano, hasta el 31 de julio de 2013. The Court approved the following: Precinct 24 Lynn Colson -R Presiding Judge Precinct 34 Clyde Goen -R Presiding Judge Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner Sammy Catalena. Passed. 4 -0. Members voting Aye: Catalena, Mallard , Peters , Wassermann. Members Absent: Cauley. 7. Resolution # 12 -009 Participation Requirement on Federal Off - System Bridge Program Project CSJ 0917 -17 -058. Item Todf A copy is attached. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 4 -0. Members voting Aye: Catalena, Mallard , Peters , Wassermann . Members Absent: Cauley . Resolution # 12 -010 Participation Requirement on Federal Off - System Bridge Program Project CSJ 0917 -29 -121 and CSJ 0917 -29 -120 & Letter of Waiver of Local Match. Vo' I. I Pg. __L____ ' A copy is attached. Motion: Approve, Moved by Commissioner Lloyd Wassermann, Seconded by Commissioner Kenny Mallard. Passed. 4 -0. Members voting Aye: Catalena , Mallard, Peters, Wassermann . Members Absent: Cauley. . 9. Request by the Sheriff's Office to approve the Courthouse Visitor Identification Card Policy and Approval Proces for the new Courthouse Identification Program. Item 9.pdf The Sheriff gave a presentation on the Visitor Identification Card Policy. It was approved as submitted. A copy is attached. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Kenny Mallard. Passed. 4 -0. Members voting Aye: Catalena, Mallard, Peters , Wassermann . Members Absent: Cauley. . 10. D Item 10.Ddf Effective Dates & Medical, Dental, & Vision Premiums for Employees & Retirees for 2013. A copy is attached. Motion: Approve, Moved by Commissioner Lloyd Wassermann, Seconded by Commissioner Kenny Mallard. Passed. 4 -0. Members voting Aye: Catalena , Mallard, Peters, Wassermann . Members Absent: Cauley. . 11. Item 11.odf Approval of the following orders regarding the Texas County & District Retirement System ( TCDRS) Plan Provisions for 2013: • a. Authorization to maintain TCDRS plan provisions. • b. Authorization to make Optional Contribution to the County's Account in the Subdivision Accumulation Fund (SAF) Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Kenny Mallard. Passed. 4 -0. Members voting Aye: Catalena, Mallard, Peters , Wassermann . Members Absent: Cauley. . 12. Approval of job descriptions for all approved FY 2013 budgeted positions. Item 12.odf Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner LLoyd Wassermann. Passed. 4 -0. Members voting Aye: Catalena, Mallard , Peters , Wassermann. Members Absent: Cauley. . 13. Appointment of non -paid Reserve Deputies for the Constable Precinct 2 office as follows: Item 13.odf • a. Joseph P. Gonzales • b. Robert V. Williamson. Rusty D. Trahan Vol. ___/ Pg �� Approved as submitted provided that the appointments are within the allotted number of deputies. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 4 -0. Members voting Aye: Catalena, Mallard , Peters , Wassermann . Members Absent: Cauley . 14. Permission to use a Temp. Agency to fill the following positions for a total of 320 working hours per position: Item 14.odf • a. Audio Video Specialist, Class Code 1235 Position 1 at $18.00 per hour • b. Prog /Analyst - IT, Class Code 1217 Position 1 at $17.00 per hour • c. Prog /Analyst - IT, Class Code 1217 Position 2 at $17.00 per hour • d. Network Technician, Class Code 1231 Position 1 at $14.00 per hour Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner LLoyd Wassermann. Passed. 4 -0. Members voting Aye: Catalena , Mallard , Peters , Wassermann. Members Absent: Cauley. 15. Item 15.odf Reclassification for the following positions in the Brazos County Expo Complex and Brazos Valley Fair & Exposition effective October 13, 2012: • a. Eliminate Manager BV Fair & Expo, Class Code 0842 Position 1, Group 32 Step 2, Pay Code 013 • b. Eliminate Director of Special Events Facilities, Class Code 0840 Position 1, Group 34 Step 5 Pay Code 012 • c. Eliminate Cell Phone Allowance for Director of Special Events Facilities, Class Code 0840 Position 1, Pay Code 330 • d. Create General Manager BV Fair & Expo, Class Code TBD Position 1, Group 34 Step 6, Pay Code 012 • e. Create Cell Phone Allowance for General Manager BV Fair & Expo, Class Code TBD Position 1, Pay Code 330 • f. Create Asst. Manager BV Fair & Expo, Class Code 0843 Position 2, Group 27 Step 2, Pay Code 013 • g. Create Cell Phone Allowance for Asst. Manager BV Fair & Expo, Class Code 0843 Position 2 , Pay Code 330 • h. Eliminate Assistant Director - Expo, Class Code 0841 Position 1, Group 26 Step 7, Pay Code 013 • i. Eliminate Cell Phone Allowance for Assistant Director - Expo, Class Code 0841 Position 1, Pay Code 330 . j. Create Associate Director - Expo, Class Code TBD Position 1, Group 26 Step 8, Pay Code 013 . k. Create Cell Phone Allowance for Associate Director - Expo, Class Code TBD Position 1, Pay Code 330 . I. Create Temporary Clerk, Class Code TBD Position 1, Group 12 Step 8, Pay 017 Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 4 -0. Members voting Aye: Catalena, Mallard , Peters , Wassermann . Members Absent: Cauley . 16. Request by the County Clerk for a variance of the Comp Time Policy, allowing employees of the County Clerk's Office until February 15, 2013 to take their accrued [ -- 1,4- � P"---� .1 VOL comp time earned while working the November General Election. Item 16.odf Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Kenny Mallard. Passed. 4 -0. Members voting Aye: Catalena , Mallard, Peters, Wassermann . Members Absent: Cauley. 17. Payment Authorization by the Sheriff's Office to Auto Body Specialties in the amount of $581.45 for towing of two vehicles involved in a criminal case. Removed from the agenda while awaiting the new revised invoice. Motion: Remove, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 4 -0. Members voting Aye: Catalena, Mallard , Peters , Wassermann . Members Absent: Cauley . 18. Payment Authorization by the Sheriff's Office to Advanced Auto Repair in the amount of $577.33 for vehicle repair. Item 18.odf Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 4 -0. Members voting Aye: Catalena, Mallard , Peters , Wassermann . Members Absent: Cauley . 19. Payment Authorization to Dallas Co. SW Institute of Forensic Sciences in the amount of $6,903.00 for additional DNA testing done on an Injury to a Child case; invoice exceeded the amount of purchase order. 21 Item 19.odf Motion: Approve , Moved by Commissioner Kenny Mallard, Seconded by County Judge Duane Peters. Passed. 4 -0. Members voting Aye: Catalena, Mallard , Peters , Wassermann . Members Absent: Cauley. 20. Payment Authorization to Bexar Co. Forensic Science Center in the amount of $1,360.00 for GSR (gunshot residue) testing done for upcoming Agg. Robbery trial; invoice exceeded the amount of purchase order. Item 20.odf Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner LLoyd Wassermann. Passed. 4 -0. Members voting Aye: Catalena , Mallard , Peters , Wassermann. Members Absent: Cauley. 21. Payment Authorization to St. Joseph Hospital in the amoun to of $8,547.50 to pay outstanding invoices for blood draws performed on suspects of felony and misdemeanor DWI offenses. Removed from agenda to allow for continuing negotiation on an invoice. Motion: Remove, Moved by Commissioner Kenny Mallard, Seconded by Commissioner Sammy Catalena. Passed. 4 -0. Members voting Aye: Catalena , Mallard , Peters , Wassermann . Members Absent: Cauley. 22. Approval of the following committee to evaluate RFP 2013 -10 - Collection of Delinquent Criminal and civil Court Costs, Fines and Fees: Item 22.odf Abstention Affidavit.odf • a. Tommy Munoz, Justice of the Peace Pct. 2 -2 • b. George Boyett, Justice of the Peace Pct. 3 Vol. 1 Pg. �" ! • c. Tanya Skinner, Collections Director • d. Sammy Catalena, Commissioner Pct. 2 • e. Travis Bryan III, 272nd District Court Judge • f. Leslie Williams, Purchasing Representative - Non Voting Member • g. Representative of the County Attorney Civil Department - Non Voting Member Commissioner Catalena abstained from voting as he is being appointed to serve on the committee. Motion: Approve, Moved by Commissioner Lloyd Wassermann, Seconded by Commissioner Kenny Mallard. Passed. 3 -0. Members voting Aye: Mallard , Peters , Wassermann . Members voting Abstain: Catalena . Members Absent: Cauley. 23. Consider and take action on the transfer of licensing for the PACS collections application from the Brazos County Appraissal District to the Brazos County Tax Office Item 23.odf A copy is attached. Motion: Approve, Moved by Commissioner Lloyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 4 -0. Members voting Aye: Catalena, Mallard , Peters , Wassermann . Members Absent: Cauley . 24. Certification of Governmental Entity Participation in the Texas Healthcare Transformation and Quality Improvement Program 1115 Demonstration Waiver Program. Item 24.pdf Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Lloyd Wassermann. Passed. 4 -0. Members voting Aye: Catalena, Mallard , Peters , Wassermann . Members Absent: Cauley . 25. Request from the Sheriff's Office for renewal of the annual service agreement with Voice Products Service, Inc. for the I- Record Audio and Video Interviewing Equipment for October 1, 2012 through September 30, 2013. Item 25.pdf Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 4 -0. Members voting Aye: Catalena, Mallard , Peters , Wassermann . Members Absent: Cauley . 26. Request from the Sheriff's Office for renewal of the annual service agreement with Southwest Solutions Group for the rolling spacesaver storage system used for storing evidence. Item 26.odf Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 4 -0. Members voting Aye: Catalena, Mallard , Peters , Wassermann . Members Absent: Cauley . 27. Agreement with the Bryan /College Station Chamber of Commerce, Inc. for FY 2013. Item 27.pdf Brazos County will fund the Chamber of Commerce $10,000 for fiscal year 2013. In return the Chamber will stimulate, encourage and develop business location and commercial activity in Brazos County. A copy of the agreement is attached. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 4 -0. Members voting Aye: Catalena, Vol. . /d Ir Pg. / � Mallard , Peters , Wassermann . Members Absent: Cauley . 28. Funding Agreement with the Mental Health Mental Retardation Authority of Brazos Valley (MHMR) for FY 2013. 0 Item 28.pdf Brazos County will fund the Mental Health Mental Retardation Authority of Brazos Valley (MHMR) $90,000. In return the MHMR will provide for county -wide early childhood intervention services and mental health and mental retardation services to eligible residents of Brazos County for fiscal year 2013. A copy of the agreement is attached. Motion: Approve, Moved by Commissioner Lloyd Wassermann, Seconded by Commissioner Kenny Mallard. Passed. 4 -0. Members voting Aye: Catalena, Mallard, Peters, Wassermann . Members Absent: Cauley . 29. Item 29.odf Funding Agreement with the Brazos County Soil & Water Conservation District #450 for FY 2013. Brazos County will fund the Brazos County Soil & Water Conservation District #450 $4,000. In return the District will provide erosion control, water management, and rural development services for fiscal year 2013. A copy of the agreement is attached. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Kenny Mallard. Passed. 4 -0. Members voting Aye: Catalena , Mallard, Peters, Wassermann . Members Absent: Cauley . 30. Agreement with the Dispute Resolution Center - Central Brazos Valley, Inc. for FY 2013. Item 30.odf Brazos County will fund the Dispute Resolution Center - Central Brazos Valley, Inc. (DRC) $7,500. In return the Center will provide mediation sessions to the Commissioner Court or designated department of Brazos County in such instances where the services may be of benefit to Brazos County, Texas for fiscal year 2013. A copy of the agreement is attached. Motion: Approve, Moved by Commissioner Lloyd Wassermann, Seconded by Commissioner Kenny Mallard. Passed. 4 -0. Members voting Aye: Catalena, Mallard, Peters, Wassermann. Members Absent: Cauley. 31. Funding Agreement with Brazos County Precinct 3 Volunteer Fire Department, Inc. for FY 2013. Item 31.gdf Brazos County will fund the Brazos County Precinct Three Volunteer Fire Department, Inc. $29,000. In return the Department shall provide fire protection services to any person who requests it within the confines of Precinct 3 for fiscal year 2013. A copy of the agreement is attached. Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner LLoyd Wassermann. Passed. 4 -0. Members voting Aye: Catalena, Mallard , Peters , Wassermann. Members Absent: Cauley. 32. Agreement with Junction 505 for the management of citizens collection sites for FY 2013. Item 32.pdf Vol. _�� Pg. � °Z Brazos County agrees to maintain the pay to Junction in the sum of $2,535.12 per site per month. In return Junction 505 will staff the six (6) Citizen's Collection sites around Brazos County for fiscal year 2013. A copy of the agreement is attached. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 4 -0. Members voting Aye: Catalena, Mallard , Peters , Wassermann . Members Absent: Cauley . 33. Amendment to the second renewal lease with Southwood West for office space for Constable, Precinct 1 to correct monthly rental amount from $2,213.50 to $1,650. tD`- Item 33.odf Brazos County agrees to pay to Southwood West the amount of $1,650 per month for the term of the lease for space for the office of Constable, Precinct 1. This is the second renewal term which will run from October 1, 2012 and terminate on September 20, 2013. A copy of the lease agreement is attached. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 4 -0. Members voting Aye: Catalena, Mallard , Peters , Wassermann . Members Absent: Cauley . 34. Second Renewal to Lease with Southwood West for office space for Justice of the Peace, Precinct 1. Item 34.pdf Brazos County agrees to pay to Southwood West the amount of $2,130.17 per month for the term of the lease for space for the office of Justice of the Peace, Precinct 1. This is the second renewal term which will run from October 1, 2012 and terminate on September 20, 2013. A copy of the lease agreement is attached. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 4 -0. Members voting Aye: Catalena, Mallard , Peters , Wassermann . Members Absent: Cauley . 35. Renewal of Bid Contract, 2013 -08R Uniforms for the Sheriff's Office with Lone Star Uniforms. Item 35.pdf Approved as submitted with all terms, conditions and pricing remaining the same. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 4 -0. Members voting Aye: Catalena, Mallard , Peters , Wassermann . Members Absent: Cauley . 36. Item 36.pdf Renewal of Bid Contract 2013 -02R, Oil Change Services with H &M Wholesale. Approved as submitted with all terms, conditions remaining the same. Let the minutes reflect that an error on agenda item 36 should state that the renewal number be 2013 - 02R rather than 2012 -02R. Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner LLoyd Wassermann. Passed. 4 -0. Members voting Aye: Catalena , Mallard , Peters , Wassermann. Members Absent: Cauley. 37. Permission to Advertise the following Bids: Item 37.pdf Vol. 6/,f Pg. / - • a. 2013 -11, Road Signs and Sign Posts • b. 2013 -16, Asphalts, Oils and Emulsions • c. 2013 -17, Cold Mix Limestone Motion: Approve, Moved by Commissioner Lloyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 4 -0. Members voting Aye: Catalena, Mallard , Peters , Wassermann . Members Absent: Cauley . 38. Consider and take action on acceptance of the following revised application forms pertaining to utilities in Brazos County Right of Way: 0 Item 38.pdf a. Application for Electrical Utility Permit Designating Placement of Utility in County Right of Way. b. Application for Water Utility Permit Designating Placement of Utility in County Right of Way. c. Application for Gas Utility Permit Designating Placement of Utility in County Right of Way. Motion: Approve, Moved by Commissioner Lloyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 4 -0. Members voting Aye: Catalena, Mallard , Peters , Wassermann . Members Absent: Cauley . 39. Treasurer's Report for the month of July 2012. 0 Item 39.pdf The Court voted unanimously to receive, approve and order filed as submitted the Treasurer's report for July 2012. A copy is attached to and made a part of these minutes. Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by County Judge Duane Peters. Passed. 4 -0. Members voting Aye: Catalena , Mallard , Peters , Wassermann. Members Absent: Cauley. 40. Tax Refund Applications for the following: Item 40.pdf • a. Carrington Mortgage- overpayment - $544.98 • b. Rob & Lisa Lehmann, Jr.- overpayment - $100.00 • c. Craig & Vicki Hillert- overpayment - $14.24 • d. Crispin L. & Linda A. Smith - overpayment - $42.38 • e. Joe C. Fazzino- overpayment - $12.64 Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Lloyd Wassermann. Passed. 4 -0. Members voting Aye: Catalena, Mallard , Peters , Wassermann . Members Absent: Cauley . 41. Budget Amendments. 0-- FY 11 12 Amendments.pdf 0 FY 12 13 Amendments.pdf Budget Amendments FY 11 /12 49.1 through 49.4 49.1 Reallocate funds for Constable Precinct 4 49.2 Transfer funds from Non - Departmental to Building Maintenance 49.3 Transfer funds from Non - Departmental to Court Support- Criminal 43.4 Transfer funds from Non - Departmental to Expo Budget Amendments FY 12/13 1.1 through 1.47 1.1 Transfer funds from General Fund Contingency to HOT Fund 1.2 Reallocate funds HOT - Marketing Reimbursement 1.3 Reallocate funds from TJPC -State Aid Grant supplement to Juvenile Detention 1.4 Reallocate funds from TJPC -State Aid Grant supplement to Juvenile Services 1.5 Reallocate funds from TJPC -State Aid Grant to TJPC -C- Commitment Reduction 1.6 Reallocate funds from Juvenile Title IV -E to Juvenile Services 1.7 Transfer funds from Non - Departmental to County Judge 1.8 Transfer funds from Non - Departmental to Commissioners Court 1.9 Transfer funds from Non - Departmental to Collections 1.10 Transfer funds from Non - Departmental to Risk Management 1.11 Transfer funds from Non - Departmental to Information Technology 1.12 Transfer funds from Non - Departmental to Human Resources 1.13 Transfer funds from Non - Departmental to Purchasing 1.14 Transfer funds from Non - Departmental to Building Maintenance 1.15 Transfer funds from Non - Departmental to County Attorney 1.16 Transfer funds from Non - Departmental to District Attorney 1.17 Transfer funds from Non - Departmental to DA -Child Protective Service 1.18 Transfer funds from Non - Departmental to County Clerk Management Fund 1.19 Transfer funds from Non - Departmental to 361st District Court 1.20 Transfer funds from Non - Departmental to Associate Judge #1 1.21 Transfer funds from Non - Departmental to Associate Judge #2 1.22 Transfer funds from Non - Departmental to County Court at Law #1 1.23 Transfer funds from Non - Departmental to Justice of the Peace #2.1 1.24 Transfer funds from Non - Departmental to Justice of the Peace #2.2 1.25 Transfer funds from Non - Departmental to Justice of the Peace #3 1.26 Transfer funds from Non - Departmental to Justice of the Peace #4 1.27 Transfer funds from Non - Departmental to Constable Precinct #1 1.28 Transfer funds from Non - Departmental to Constable Precinct #2 1.29 Transfer funds from Non - Departmental to Constable Precinct #3 1.30 Transfer funds from Non - Departmental to Constable Precinct #4 1.31 Transfer funds from Non - Departmental to Juvenile Administration 1.32 Transfer funds from Non - Departmental to Juvenile Administration - Detention 1.33 Transfer funds from Non - Departmental to Juvenile Administration - Academy 1.34 Transfer funds from Non - Departmental to Juvenile Administration - Juvenile TYC 1.35 Transfer funds from Juvenile Administration to TJPC State Aid Grant 1.36 Transfer funds from Non - Departmental to Juvenile Administration to TJPC State Aid Grant 1.37 Transfer funds from Non - Departmental to Emergency Management 1.38 Transfer funds from Non - Departmental to Expo 1.39 Transfer funds from Non - Departmental to Extension Agency 1.40 Reallocate funds for Records Management 1.41 Transfer funds from Non - Departmental to Road & Bridge 1.42 Transfer funds from Non - Departmental to 272nd District Court 1.43 Transfer funds from Non - Departmental to County Clerk 1.44 Reallocate funds for Information Technology 1.45 Transfer funds from Non - Departmental to Brazos Center 1.46 Reallocate funds for Expo 1.47 Reallocate funds for HOT Fund Vol. I dS , - Pg. - l-� Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner LLoyd Wassermann. Passed. 4 -0. Members voting Aye: Catalena, Mallard , Peters , Wassermann. Members Absent: Cauley. 42. Personnel Change of Status. Personnel Action Forms 1-D Item 42.odf A copy of the personnel Change of Status Requests is attached. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 4 -0. Members voting Aye: Catalena, Mallard , Peters , Wassermann . Members Absent: Cauley . 43. Payment of Claims. 1 Claims Sheet.odf BILL LIST 10.02.12.odf 7102686 through 7102913 Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 4 -0. Members voting Aye: Catalena, Mallard , Peters , Wassermann . Members Absent: Cauley . 44. Convene into Executive Session pursuant to Section 551.087 to discuss or deliberate economic development negotiations. At this point, the County Judge announced the Court would consider items 45 through 49 then return to convene into Executive Session. Having considered the previously noted agenda items, at 10:44 a.m. the County Judge announced the meeting closed to the public so that the Court could meet in Closed Executive Session to discuss or deliberate economic development negotiations as allowed under Section 551.087 of the Texas Government Code. The following individuals were asked to stay for the meeting: Candy Gallego, Executive Assistant Bill Ballard, Civil Counsel Kendra Suhling, Civil Counsel Nina Means, Budget Analyst Irene Jett, Budget Officer Katie Conner, Auditor Bob Malaise, Representative from RVP 45. Consider and possible action on the Executive Session. At 11:04 a.m. the County Judge announced the meeting open to the public and announced that no action would be taken on the Closed Executive Session. 46. Acknowledgement of the Brazos County Purchasing Department Update for September 21 - 27, 2012. Item 46.odf The Court acknowledged receipt of the Purchasing Department Weekly Update. Vol. A� _ Pq. _/4 47. Sheriff's report on inmate population. Sheriff Chris Kirk announced they had just passed the 2nd anniversary of the new jail. He then stated there were 555 inmates in jail, 71 have electronic monitors and 24 are pending for monitors. 48. Announcement of interest items and possible future agenda topics. There were no announcements. 49. Call for Citizen input and /or concerns. There was no citizen's input. 50. Adjourn. i The foregoing minutes of the Commissioners Court meeting held Oct 2, 2012 have been examined and are approved in open Court this 4 Z r4 day of 2012, in Bryan, Brazos County, Texas. Aw / Duane Peters Lloyd assermann County Judge Commissioner, Precinct 1 Abet Sammy Catalena Commissioner, Precinct 2 Kenny Mallard Commissioner, Precinct 3 Irm Cau e Commissioner, Precinc Attest: a C2 C A 2,!j:S Karen McQueen County Clerk �- � Vol / C 9 Page / tf BRAZOS COUNTY COMMISSIONERS COURT MEETING ON a. � r 1 - 2 - 2012 AT 0 - tv - - Name S PLEASE PRINT) Organization /Department r�6 JLkd��x= L,01717 e 7 1- , , ;z �fI o �- 13 S. 6 , 16 IJ ._ E . BRAZOS COUNTY COMMISSIONERS COURT MEETING ON 2012 AT Name (PLEASE PRINT) Organization /Department TF«c c, n�A A a a - W-L Vol. Pq MEMORANDUM DATE: October 2, 2012 TO: Duane Peters, Brazos County Judge Lloyd Wasserman, Commissioner Pct. 1 Sammy Catalena, Commissioner Pct. 2 Kenny Mallard, Commissioner Pct. 3 Irma Cauley, Commissioner Pct. 4 FROM: Laura Taylor Davis, Brazos County Treasurer APP D D 61 /Q, Duane Peters Date County Judge RE: The following agenda items: (1) Approve the Annual Payroll and (2) Direct the Payroll Fund to the General Fund (1) Approval of the Brazos County Payroll for Fiscal year 2013 SALARY AND WAGES 5 33,422,411.00 BENEFITS $ 15,114,264.00 TOTAL $ 48,536,675.00 (2) Directs by order that the money that otherwise would be deposited in a salary fund (created by Chal2ter 154 of the Local Govemment Code) be deposited in the general fund of Brazos County. 154.007 Use of General Fund Instead of Salary Fund (a) At its first regular meeting in the first month of each fiscal year, the commissioners court may direct, by order entered in its minutes, that all money Mat otherwise would be deposited in a salary fund created under this chapter shall be deposited in the general fund of the county. (b) In a county In which the order is adopted, a reference in this chapter (154) to a salary fund means the general fund. Acts 1987, 70" Leg., ch. 149, 1, elf. Sept. 1, 1987 Vol. l Pg _ 2'� BRAZOS COUNTY BRYAN, TEXAS ORDER NO. 12 -015 DIRECTING THE PAYROLL FUND TO THE GENERAL FUND IT IS HEREBY ORDERED by the Commissioners Court of Brazos County that all money that would otherwise be deposited in a salary fund created under Chapter 154 of the Local Government Code shall be deposited in the general fund of Brazos County. This Order is adopted pursuant to § 154.007 of the Local Government Code. ADOPTED this 2 day of October, 2012 by a vote of ayes and 0 nays. _4 Duane Peters County Judge ATTEST: Karen NtcQueen� County Clerk �' Brazos County Administration Bldg. • 200 S. Texas Ave. • Suit 310 • Bryan, Texas 77803 • Fax: (979) 361-4176 — i Vol. ATTACHMENT A RESOLUTION The State of Texas County of Brazos WHEREAS, the Federal Highway Bridge Rehabilitation and Replacement Program is administered by the Texas Department of Transportation (the "State "); and WHEREAS, its purpose is to replace or rehabilitate structurally deficient and functionally obsolete (collectively referred to as deficient) bridges located on public roads and streets, both on and off the state highway system; and WHEREAS, Brazos County hereinafter referred to as the "Local Government "; and WHEREAS, Grimes County owns the bridge identified below in this Resolution; and WHEREAS, project(s) to remedy these bridge(s) is /are included in the currently approved program of projects authorized by Texas Transportation Commission Minute Order Number 113250 dated August 30, 2012 and WHEREAS, the usual participation ratio for these projects is 80 percent federal, 10 percent state and 10 percent Local Government; and WHEREAS, Texas Administrative Code, Title 43, Section 15.55(d) (43 TAC Section 15.55(d)) provides that under specified conditions, the State may waive the 10 percent Local Government participation requirement if the Local Government agrees to perform, or causes to be performed, an equivalent dollar amount of structural improvement work on other deficient bridges or deficient mainlane cross - drainage structures within its jurisdiction. This structural improvement work will be referred to as an "Equivalent -Match Project;" and WHEREAS, the Local Government's estimated participation requirement in the approved off - system bridge project(s), listed below and hereinafter referred to as the "Participation- Waived" Project(s), is $26,583; and PARTICIPATION -WAVED PROJECTS ESTIMATED PROJECT COST PARTICIPATION BY LOCAL GOVERNMENT CSJ 0917 -17 -058 $618,216 $26,583 CR 297 (Local CR 162) At Navasota River Relief Grimes County NBI No. 17- 094- 0- AA0297 -001 Total Estimated Cost $618,216 $26,583 Attachment A, Resolution ; Page 1 of 3 Vol. �_�� _. [Dg, WHEREAS, the Local Government proposes that their participation in these projects be waived in return for performing, or causing to be performed, the Equivalent -Match Project(s) structural improvement work as defined above. THEREFORE, BE IT RESOLVED that the Local Government will perform, or cause to be performed, the following Equivalent -Match Project(s) in return for the waiver of their participation in the approved off - system bridge program Participation- Waived Project(s): EQUIVALENT-MATCH PROJECT ON SCHOOL BUS ROUTE DESCRIPTION OF STRUCTURAL IMPROVEMENT ESTIMATED COST I &GN Yes Replace Existing $175,500 1.35 Miles NW of FM 2154 between 3 -84" Culverts with a Capstone and N. Graham Bridge Brazos County No NBI Total Estimated Cost of Equivalent -Match Project $175,500 Total Estimated Local Government Participation $26,583 Total Remaining Local Government Participation $0 BE IT FURTHER RESOLVED that in receiving this waiver, the Local Government acknowledges its obligation to conform with all conditions of 43 TAC Section 15.55(d); such conditions that include but are not restricted to the following: 1. The Local Government must be currently in compliance with load posting and closure regulations as defined in National Bridge Inspection Standards under US Code of Federal Regulations, Title 23, Section 650.303. 2. The Equivalent -Match Project work increases the load capacity of the existing bridge or other mainlane cross - drainage structure, or upgrades the structure to its original load capacity with a minimum upgrade to safely carry school bus loading if located on a school bus route. In performing, or causing to be performed, the Equivalent -Match Project(s), the Local Government assumes all responsibilities for engineering and construction, and complying with all applicable state and federal environmental regulations and permitting requirements for the structures being improved. 4. The work on the proposed Equivalent -Match Project(s) has not begun and will not begin until the local match fund Participation Waiver approval process has been completed. 5. The Local Government will be allowed three(3) years after the contract award of the Participation- Waived Project to complete the structural improvement work on the Equivalent - Match Project(s). Attachment A, Resolution l Page 2 of 3 Vol. __ ro' _ P v� 6. Should this waiver request be approved, an appropriate written agreement or amendment to a previously executed agreement will be executed between the State and the Local Government. PASSED, APPROVED AND ADOPTED by the Commissioners Court of Brazos County on this Jhd day of (90 , 20 (o�, Duane Peters, Brazos County Judge Attest: Brazos County Clerk r ' U Attachment A, Resolution Page 3 of 3 Vcl. / l0 8'ca Ms. Catherine W. Hejl, P.E. Bryan District Engineer Texas Department of Transportation 2591 North Earl Rudder Freeway Bryan, TX 77803 -5190 Subject: Request for Waiver of Local Match Fund Participation Requirement on Federal Off - System Bridge Program Projects CSJ 0917 -29 -121 CR 117 (Scasta Lane) At Town Branch NBI No. 17- 021- 0- AA0117 -001 CSJ 0917 -29 -120 CR 121 (Dilly Shaw Tap Road) At Cedar Creek NBI No. 17 -021 -0 :AA0121 -002 Dear Ms. Hejl: Under the provisions of Texas Administrative Code, Title 43, Section 15.55(d), Brazos County requests waiver of the local match fund participation requirement on the above referenced Federal Off - System Bridge Program project(s) referred to as the "Participation- Waived" project(s). In return for waiver of this participation, it is proposed that our governing body perform, or cause to be performed, an equivalent dollar amount of structural improvement work on other deficient bridge(s) or deficient mainlane cross - drainage structure(s), referred to as "Equivalent- Match" project(s), within the jurisdiction of our governing body. A copy of the appropriate required resolution adopted by our governing body is attached. Attachment: Resolution Sincerely, S a . Duane Peters, Brazos County Judge For TxDOT Use Only Waiver Approved Waiver Disapproved Catherine W. Hejl, P.E. Bryan District Engineer VOL 14� f ATTACHMENT A RESOLUTION The State of Texas County of Brazos WHEREAS, the Federal Highway Bridge Rehabilitation and Replacement Program is administered by the Texas Department of Transportation (the "State "); and WHEREAS, its purpose is to replace or rehabilitate structurally deficient and functionally obsolete (collectively referred to as deficient) bridges located on public roads and streets, both on and off the state highway system; and WHEREAS, Brazos County hereinafter referred to as the "Local Government ", owns the bridges identified below in this Resolution; and WHEREAS, project(s) to remedy these bridge(s) is /are included in the currently approved program of projects authorized by Texas Transportation Commission Minute Order Number 113250 dated August 30, 2012 and WHEREAS, the usual participation ratio for these projects is 80 percent federal, 10 percent state and 10 percent Local Government; and WHEREAS, Texas Administrative Code, Title 43, Section 15.55(d) (43 TAC Section 15.55(d)) provides that under specified conditions, the State may waive the 10 percent Local Government participation requirement if the Local Government agrees to perform, or causes to be performed, an equivalent dollar amount of structural improvement work on other deficient bridges or deficient mainlane cross - drainage structures within its jurisdiction. This structural improvement work will be referred to as an "Equivalent -Match Project;" and WHEREAS, the Local Government's estimated participation requirement in the approved off - system bridge project(s), listed below and hereinafter referred to as the "Participation- Waived" project(s), is $79.3 10 and Attachment A, Resolution Page 1 of 3 Vol. / � � Pg.___.1 PARTICIPATION ESTIMATED BY LOCAL PARTICIPATION -WAVED PROJECTS PROJECT COST GOVERNMENT CSJ 0917 -29 -121 $382,815 $38,282 CR 117 (Scasta Lane) At Town Branch NBI No. 17- 021- 0- AA0117 -00 CSJ 0917 -29 -120 $410,275 $41,028 CR 121 (Dilly Shaw Tap Road) At Cedar Creek NBI No. 17- 021- 0- AA0121 -00 Total Estimated Cost $793,090 $79,310 Attachment A, Resolution Page 1 of 3 Vol. / � � Pg.___.1 WHEREAS, the Local Government proposes that their participation in these projects be waived in return for performing, or causing to be performed, the Equivalent -Match Project(s) structural improvement work as defined above. THEREFORE, BE IT RESOLVED that the Local Government will perform, or cause to be performed, the following Equivalent -Match Project(s) in return for the waiver of their participation in the approved off - system bridge program Participation- Waived Project(s): EQUIVALENT-MATCH PROJECT ON SCHOOL BUS ROUTE DESCRIPTION OF STRUCTURAL IMPROVEMENT ESTIMATED COST I &GN Road Yes Replace Existing $175,500 1.35 Miles NW of FM 2154 between 3 -84" Culverts with a Capstone and N. Graham Bridge Brazos County No NBI Total Estimated Cost of Equivalent -Match Project $175,000 Total Estimated Local Government Participation $79,310 Total Remaining Local Government Participation $ BE IT FURTHER RESOLVED that in receiving this waiver, the Local Government acknowledges its obligation to conform with all conditions of 43 TAC Section 15.55(d); such conditions that include but are not restricted to the following: 1. The Local Government must be currently in compliance with load posting and closure regulations as defined in National Bridge Inspection Standards under US Code of Federal Regulations, Title 23, Section 650.303. 2. The Equivalent -Match Project work increases the load capacity of the existing bridge or other mainlane cross - drainage structure, or upgrades the stricture to its original load capacity with a minimum upgrade to safely carry school bus loading if located on a school bus route. 3. In performing, or causing to be performed, the Equivalent -Match Project(s), the Local Government assumes all responsibilities for engineering and construction, and complying with all applicable state and federal environmental regulations and permitting requirements for the structures being improved. The work on the proposed Equivalent -Match Project(s) has not begun and will not begin until the local match fund Participation Waiver approval process has been completed. The Local Government will be allowed three(3) years after the contract award of the Participation- Waived Project to complete the structural improvement work on the Equivalent - Match Project(s). Attachment A, Resolution V _ Pg. Page 2 of 3 6. Should this waiver request be approved, an appropriate written agreement or amendment to a previously executed agreement will be executed between the State and the Local Government. PASSED, APPROVED AND ADOPTED by the Commissioners Court of Brazos County on thi day of ()r Z b � y 20 �. Duane Peters, Brazos County Judge Attest: Brazos County Clerk �'C� ✓y Attachment A, Resolution VOA_ — Pg. _.` Page 3 of 3 Courthouse Visitor Identification Card Policy 1.0 Purpose To authorize and issue identification cards for individuals who are able to meet certain qualifications, so that they may be admitted to the County Courthouse, without the need to pass through established security screening. This authority is granted by Section 291.010(a) of the Local Government Code, as amended May 26, 2011 and effective September l 2011. 2.0 Policy It is the policy of this Office, to establish the means to allow for the efficient movement of foot traffic at the front entrance of the County Courthouse without jeopardizing the security of the premises. This Office shall issue identification cards to approved individuals. Those approved will have the ability to bypass the security vestibule without going through the normal screening process. To be approved, other than county employees and individuals exempted by the County Commissioners Court, must agree to a background check, as well as, any other measures deemed necessary and stipulated by this policy. Applicants must be frequent visitors to the courthouse and must be able to articulate a legitimate need for obtaining an identification card. Those individuals approved for an identification card, as described in this policy, are still subject to being screened by security when extraordinary circumstances exist or when a courthouse security officer has deemed that a person may possibly pose a potential threat to themselves or others. Applicants must also understand random security checks may be conducted by security at any time and that compliance with any search or screening is mandatory. To prevent any breach of security this Office reserves the right to suspend or revoke the identification card of any person who fails to comply with the rules and procedures as set out by this policy. County employees will be allowed to participate in the new program. It will be the responsibility of the elected official or department head, who supervises a county employee, to make the determination that the employee meets the basic standards necessary to participate. Any official county issued photo identification card provided to an employee of the county, may suffice in lieu of the issuance of a new card. 3.0 Procedures 3.1 All applicants, other than county employees and those other person designated by the County Commissioners Court, will complete an application form and sign a waiver allowing for a criminal background check. 3.2 All applicants, other than county employees and those other persons designated by the County Commissioners Court, must pay a processing fee of $15.00 <recommended and to P9. Vol. �� � _ _ 3 ©- be approved by Commissioners' Court> before receiving an identification card. This fee and all other program fees, will be set by the County Commissioners Court. if a person's identification card is revoked, the fees paid for the card will be forfeited. 3.3 Any lost or stolen card is the responsibility of the cardholder. A fee of $7.00 will be charged to any individual requesting a replacement card. Lost or stolen cards will be immediately reported to the Courthouse Security Office for de- activation pending replacement. 3.4 ID Cards will be issued in the name of the applicant and will include a photo for identification. No one, other than the person issued the card, may use the card to gain entrance to the courthouse. 3.5 ID Cards of visitors and employees must be prominently displayed upon entry into the courthouse. Failure to display a card or displaying a card that is expired will result in the subject being required to go through regular security screening. 3.6 A record system will be established and maintained by this office to track cards that have been issued. 3.7 All issued identification cards, other than those issued to county employees, are subject to renewal upon the twelve month anniversary succeeding the issuance of the card. A renewal fee of $7.00 shall be charged and a current card will be issued. It is the responsibility of the cardholder to renew the card prior to its expiration. Upon renewal, at a minimum, a check of the cardholder's criminal history will be conducted to verify there is no change regarding the subject's status. Additional background checks on cardholders may be conducted at any time circumstances warrant. Any change of status pertaining to a cardholder that would disqualify that person from retaining an identification card, will result in the revocation of the card. A cardholder, who fails to renew an ID card as required, will be removed from the system until a renewal is completed. Failure to renew an expired ID card after more than 90 days will result in the cardholder having to complete the full application process and pay an application fee of $15.00. 3.8 Any revocation or suspension of an identification card will be done only after the cardholder has been properly notified of such revocation or suspension and the reason for such action. Notice will be in writing. The cardholder will also be advised of any options available for appeal. 3.9 An applicant shall be eligible to obtain an identification card under the following conditions: 3.9.1 is a legal resident of this state for the six -month period preceding the date of application; 3.9.2 is at least 18 years of age; Vol. 1_4� 0 P 3/ i 3.9.3 has not been convicted of a felony; 3.9.4 is not charged with the commission of a Class A or Class B misdemeanor or an offense under Section 42.01 of the Penal Code, or of a felony under an information or indictment; 3.9.5 is not a fugitive from justice for a felony or a Class A or Class B misdemeanor; 3.9.6 is not a chemically dependent person; 3.9.7 has not, in the past five years preceding the date of application, been convicted of a Class A or Class B misdemeanor or an offense under Section 42.01 of the Penal Code; 3.9.8 has not been finally determined to be delinquent in making a child support payment administered or collected by the attorney general; 3.9.9 has not been finally determined to be delinquent in the payment of a tax or other money collected by the comptroller, the tax collector of a political subdivision of the state, or any agency or subdivision of the state; 3.9.10 has not been finally determined to be in default on a loan made under Chapter 57, Education Code; 3.9.11 is not currently restricted under a court protective order or subject to a restraining order affecting the spousal relationship, other than a restraining order solely affecting property interests; 3.9.12 has not, in the 10 years preceding application, been adjudicated as having engaged in delinquent conduct violating a penal law of the grade of felony; 3.9.13 has not made any material misrepresentation, or failed to disclose any material fact, in an application submitted pursuant to these rules; 3.9.14 is not incapable of exercising sound judgment as described under Title 7 Subtitle C of the Health and Safety Code; 3.9.15 is a licensed attorney or business professional who conducts business on a regular basis at the courthouse; or 3.9.16 is a county employee and meets all eligibility requirements or is exempted from the provisions by an elected official or department head who oversees the employee. 3.10 An identification card may be revoked or de- activated if it is determined the cardholder: 3.10.1 was not entitled to the identification card at the time of issuance; E Vol. p9' 1 1 Z����Pg ______ J 3.10.2 gave false information on the application; 3.10.3 subsequently becomes ineligible for an identification card as stipulated under Section 3.9; 3.10.4 is an employee with the county and retires, resigns or is terminated; 3.10.5 is an employee with the county and the privilege is revoked by the elected official or department head who oversees the employee; and 3.10.6 if there has been a change in the cardholder's employment status or job description. 3.11 An identification card may be suspended if it is determined the cardholder: 3.11.1 has been charged, but not finally convicted of a felony, Class A misdemeanor or Class B misdemeanor; 3.11.2 has allowed another to be in possession of the issued card for the apparent purpose of circumventing the screening vestibule of the courthouse; 3.11.3 has been charged with a violation of Section 42.01 of the Penal Code; 3.11.4 at the request of a court official who can show justification that the cardholder would be deemed a risk to the security of the courthouse if not screened properly; and 3.11.5 commits a breach of the peace or displays conduct that would be considered unbecoming. Repeated or more serious violations would result in a revocation. 3.12 All records will be kept by Courthouse Security. 3.13 ID cards shall be obtained from the Courthouse Security Supervisor or their designee. 3.14 Fees will be payable to Brazos County Treasurer's Office and must be paid by check, money order or exact change only. APPR D Duane Peters ate County Judge voi. Courthouse Security Approval Process for Visitor ID's 1. Applicants will submit a completed B Brazos County Courthouse curity Access Applicant Registration form Security. 2. Registration forms will be date ness stamped an process. 3. County Dispatch within three (3) bus days fore app date stamp, 3. Dispatch will complete the approval process; maintain a copy, and return the original to Brazos County Courthouse Security within three (3) business days. applicant or their 4. Brazos County Courthouse Security will advise and registration fees can employer that the applicant has been approved be paid to the order of Brazos County and paid at the Brazos County Treasurer's Office for issuance of a receipt. 5. Fees are as follows: $ 15.00 A lication Fee $ 7.00 Renewal Fee 7,00 Re lacement Fee A. sued the Brazos Co 6. Once a receipt has been is, unty Courthouse Security will complete the registration process. Applicant's photo will be taken at that time. 7. Photos will be taken and cards will be issued: a) Monday through Thursday 9:30 am — 11:30am and 1:30 pm — 3:30pm. b) No cards available on Fridays or scheduled County Holidays. c) No cards will be issued without a receipt. 8. An active cardholder roster, revenue reports and database will be maintained by Brazos County Courthouse est le for review by the Brazos County omm Commissioner's Court uponeque PRO D Duane Peters D to County Judge vol. _ /(_ Pg..- BRAZOS COUNTY HUMAN RESOURCES DEPARTMENT 200 S. TEXAS AVE, SUITE 206, BRYAN, TX 77803 PHONE (979) 361-4114 FAX (979) 823-6993 MEMORANDUM Date: September 19, 2012 To: Commissioner's Court From: Jennifer Sala HR Director 1p for Subject: Effective Date and Employee & Retiree Medical and Dental Premiums 2013 Below are the proposed monthly premiums for 2013 for Employee & Post-2000 Retiree Medical and Dental insurance: Employee Premium Employee & Spouse Employee & Child Fmolovee & Family y Contribution $700-00 $700-00 $700.00 $700-00 ist 30, 2011 Total Premiu $750.00 $1,072.00 $950.00 $1,212.00 Employee & Spou Employee & Child Employee & Employee Only Employee & Spou Employee & Child Employee & - Employee Only Employee & SPO Employee & Child Fmoi&ee 9 - Fami $50.00 6372.00 6250.00 5512.00 Employee Premium $732.00 $1,054.00 $932.00 $1,194.00 loyee Pren $746-54 _$1,075.08 $950.64 $1.217.88 C ounty Contribution $0 Total Premium $732.00 $0 $1,054.00 $0 $932.00 $MO $ )WA County Contribution Total Premium $0 $746.54 $0 $1,075.08 $0 $950.64 In $1,217.88 3% yee Premium County Co Total Premium $24.00 $10.00 134. 00 $63.00 $10.00 Prior $73.00 $55.00 $10.00 $65.00 $104.00 $10.00 $114-00 % Pre I 7 $0 $8.00 $16 iu m 0 1. 44 Premium county Contribution Total Premium Employee EMmployee OnI $8.00 10 & � ous n 00 $0 .00 Employee & S Ouse $16 Employee & Child $ 1 8 .00 0 -0 $0 $18.00 $22 0 $22.00 Employee &11�: The County contribution will increase effective October 1, 2012. There is no increase in Employee Medical or Dental premiums for 2013. Pre-2000 Retiree insurance premiums will remain unchanged. Thank you. Peter Duane Peters a e County Judge 4 0 Vol. //P Pg, 3 Employee Premium County Contribution Total Premium Employee nly n� Onjl- $32.00 $0 $0 $32.00 $70.00 Employee & Spouse $70.00 $n $62.00 Employee & Child $62.00 $0 $109.00 Em to ae & Family $109.00 Em toyee Premium Count Total Premium Employee Only $33.21 $0 $33.21 $71.30 Employee & S pouse $71.30 $0 $0 $63.49 Employee & Child $63.49 $0 $111.34 Emr)lovee & Family $111.34 Pre I 7 $0 $8.00 $16 iu m 0 1. 44 Premium county Contribution Total Premium Employee EMmployee OnI $8.00 10 & � ous n 00 $0 .00 Employee & S Ouse $16 Employee & Child $ 1 8 .00 0 -0 $0 $18.00 $22 0 $22.00 Employee &11�: The County contribution will increase effective October 1, 2012. There is no increase in Employee Medical or Dental premiums for 2013. Pre-2000 Retiree insurance premiums will remain unchanged. Thank you. Peter Duane Peters a e County Judge 4 0 Vol. //P Pg, 3 Brazos County, #120 Authorization to maintain TCDRS plan provisions Plan Year 2013 With respect to the participation of Brazos County in the Texas County & District Retirement System (TCDRS) for the 2013 plan year, the following order was adopted: 1. Brazos County makes no change in the plan provisions for non - retirees. * 2. With respect to benefit payments being paid to retirees or their beneficiaries, Brazos County (cheek one box): does not adopt a cost -of- living adjustment (COLA). adopts a _.% CPI -based COLA. n adopts a _orb flat -rate COLA. * 3. The required employer contribution rate for Plan Year 2013 will be the following: (a) Required rate without COLA: 13.00% (b) COLA rate: + O (enter 0 if not adopting a COLA) (c) Total required rate (a + b): = 13 . QQ ' . * 4. Employers may elect to pay a rate greater than the total required rate listed above. Brazos County adopts for Plan Year 2013 (check one box): the total required rate listed above. V Idd a new elected rate of 6 o5 %. In the event the 2013 total required rate as set out above exceeds 11%, and if a current waiver of that limit is not on file with TCDRS, the Commissioners Court of Brazos County hereby waives the 11% limit on the rate of employer contributions and such waiver will remain effective with respect to future plan years until properly revoked by official action. Certification f Brazos County tru I certify that the foregoing authorization concerning the participation of TCD r� 20 2012, b accurately reflects the ac n during a properly posted and noticed meeting on b � . Y the C..ntn ission�6surt Brazos County 34uc4ction is recorded in the official minutes. Authorized Signature, County Judge of Brazos County Printed Name Dated: LO cQ "please fill in the required information for items 2, 3 and 4 before signing and sending this document to TCDRS. Mar, 30, 2012 PLEASE FAX TO: (512) 328 -8887 Vol. _ / Pg TEXAS AUTHORIZATION TO MAKE OPTIONAL . DDNT11 s DIfTRICT CONTRIBUTION TO THE COUNTY'S ACCOUNT IN THE RETIREMENT SUBDIVISION ACCUMULATION FUND (SAF) SYSTEM (Revised 2012) Employer# iao On this then" day of , 20�the Commissioners Court of r AM 7� County, Texas ("the County ") was convened in session with the following members present: pla/1 y}Q 2 &Y-6 County Judge Commissioner, Precinct I mU�e Commissioner, Precinct 2 p,h� � Commissioner, Precinct 3 Commissioner, Precinct 4 �In �A�br�(Inn/1X1 , Chl�� �O(1 County Clerk The County a participating employer in the Texas County and District Retirement System (hereafter "System ") under Subtitle F, Title 8, Government Code (hereafter "TCDRS Act"). The County has determined that it is in the public interest to increase the retirement security of the members by accelerating the funding of past, current, and future benefit accruals by making an additional optional contribution to the County's account in the Subdivision Accumulation Fund in the System. It is now, therefore ORDERED, that: 1. In addition to the monthly contributions that the County is required to make to the System, the County will make, as a single payment, an additional optional contribution of $ i DaQ .00 to be credited to the County's Account in the Subdivision Accumulation Fund in the System. 2. The additional optional contribution shall be paid in such manner that the System will receive the funds at its offices before the last day of this calendar year. Certification I certify that the foregoing authorization concerning the County's optional contribution to the County's Subdivision Accumulation Fund accurately reflects the official action taken during a properly posted and noticed mee ' g by our Commissioner's Court and such is recorded in the official minutes. (� �44 � � 11-7' — W I 9 1 County Clerk and Ex- Officio Clerk of the Dated Commissioners Court TCDRS * PO Box 2034 Austin TX 78768 * 800 -823 -7782 or 512 - 328 -8889 * Fax 512- 328 -8887 * www.tcdrs.orY Page I of I Vol. _�� f'g.__. AFFIDAVIT TEXAS LOCAL GOVERNMENT CODE, CHAPTER 171 STATE OF TEXAS § COUNTY OF BRAZOS § BEFORE ME, the undersigned authority, on Z i P ersonally appeared who being duly sworn, deposes and says: 1. That he /she hds a substantial interest in a business entity or real property. Official action taken by the Commissioners Court of Brazos County, Texas concerning Agenda Item No. _ Z 2_ of the Court Agenda dated ' 2 " described as App r o a l Q Umm i - kc "A I U1 3 - 10 , would have a special economic effect on that business entity or a special economic effect on the value of the real property, that is distinguishable from the effect on the public. 2. That the substantial interest is (check the following as is appropriate): () a. Ownership of 10 percent or more of the voting stock or shares of the business entity or either 10 percent or more or $15,000 or more of the fair market value of the business entity; or () b. Funds received by me from the business entity exceed 10 percent of my gross income for the previous year; or () c. An equitable or legal ownership in real property with a fair market value of $2,500 or more; or (VO/ e. 3. That I w i SWORN TO AND SUBSCRIBED BEFORE ME this the o� day of 20 s� BEATRlZ D. GREEN Notary Public in and f Notary Public, State 01 Texas * �,r $ �� conuNSaion expose The State of Tex r" ? JUNE 11, 2014 7;A� Filed: County Clerk AT FIL�[ DA 0" AT— RECORD Vol. __� 8 — Pg d. A person related in the first degree by either affinity or consanguinity to me has a substantial interest as defined above; or TRUE AUTOMATION LICENSE 2 AGREEMENT In accordance with the Addendum executed by Licensor and the Brazos County Appraisal District (the "Appraisal District ") with an effective date of August 11, 2008, in relation to the Master License and Services Agreement, this License 2 has been assigned by the Appraisal District to the Brazos County Tax Office who is now the "Licensee" in respect of this License 2 and upon executing the Consent to License document attached hereto, this License 2 shall be the "Agreement" between the Licensor and the Licensee and shall be binding between the two parties and each party such have all the rights, privileges and obligations as set out herein as between the Licensor and Licensee. License 2 �. DEFINITIONS. 1.1 "Purchase Order" has the meaning set forth in Section 2. 1.2 "Licensed Software 2" means the proprietary Licensor software (in object code format only) and related documentation that is identified in any mutually agreed upon Purchase Order. 1.3 "Intellectual Property Rights" means any and all rights, whether or not registered, that may exist from time to time in this or any other jurisdiction under patent law, copyright law, moral rights law, publicity rights law, trade secret law, trademark law, unfair competition law or other similar protections. 2. PURCHASE ORDERS 2.1. Licensee may issue to Licensor written Purchase Orders identifying the Licensed Software 2 (as defined below) and services Licensee desires to obtain from Licensor (the "Purchase Order(s) "). Such Purchase Orders shall be consistent with the terms and conditions of this Agreement. It is the parties' intent that the initial version of each Purchase Order shall be generated by Licensor. Licensor shall accept any mutually agreeable Purchase Orders or alterations thereto which do not establish new or conflicting terms and conditions from those set forth in this Agreement and the exhibit(s) attached hereto or entered into pursuant to the terms of this Agreement. In the event of a conflict between the terms of this Agreement and a Purchase Order, the applicable terms of this Agreement shall prevail over the conflicting terms of such Purchase Order. Licensor may reject a Purchase Order that does not meet the conditions described above by promptly providing to Licensee a written explanation of the reasons for such rejection. In order to be valid, all Purchase Orders submitted by Licensee must be substantially in the form of Purchase Order attached hereto and shall be executed by authorized representatives of each party prior to taking effect. Each executed Purchase Order shall be attached hereto and incorporated herein as Purchase Order 1, 2, et seq. 3. LICENSE. 3.1. Grant of License. Subject to the terms of this Agreement, the Licensor hereby grants to Licensee a non - exclusive, non - transferable, non - sublicenseable, restricted license to use for internal purposes (the "License 2 ") during the license term specified in the applicable Purchase Order (the "License Period 2 ") the object for the software product "PACS Collections" (the "Licensed Software 2 "). The Licensed Software 2 may be used only by Licensee during the applicable License Period 2. The License 2 permits named users designated by Licensee in Purchasers Orders (Authorized Users 2 ") to use the Licensed Software 2. 3.2 Prohibited Uses Licensee may not (i) transfer all or any portion of the Licensed Software 2 to a different computer configuration or permit use by third parties or other functionally independent business units affiliated with Licensee or affiliates of Licensee, (ii) reinstall or use the Licensed Software 2 or documentation following the expiration or termination of this Agreement unless it enters into an additional license agreement with Licensor, (iii) attempt to circumvent any technical devices of the Licensed Software 2 that are directed at, or have the effect of, enforcing the terms of this Agreement, (iv) make copies of the Licensed Software 2 other than for backup, training, testing or other internal support reasons, or (v) modify, create derivative works, translate, decompile or create or attempt to create, by reverse engineering or otherwise, the source code from the object code supplied to Licensee. Licensee may not remove, modify or obscure any copyright, trade secret, confidentiality, trademark, service mark or other proprietary rights, notice or legend on any copy of the Licensed Software 2, the media on which it is contained, or related data, documentation or other materials. Licensee may not market, sell, lend, rent, lease, or otherwise distribute the Licensed Software 2. Except as otherwise expressly provided herein, Licensee may not assign, sublicense or otherwise transfer any rights in or to the Licensed Software 2. The Licensed Software 2 shall not be used under any circumstance whatsoever directly or He Local Government Solutions Inc.. COMPANY CONFIDENTIAL Page 1 of 10 Vol. indirectly in a computer service business or service bureau or in a rental or commercial timesharing arrangement. 3.3 Designated Hardware. Licensee agrees to operate the Licensed Software 2 on hardware meeting or exceeding the requirements as specified in a Purchase Order or recommended by Licensor. Licensee acknowledges and agrees that the License 2 is restricted to county operations only, and that the Licensed Software 2 may not be installed on hardware not owned and operated by Licensee. 4. SERVICES 4.1. Professional Services Licensor shall provide professional services ( "Services ") as described in Purchase Orders to assist with data conversion, system implementation and configuration, customization, and installation, or in connection with other activities as may be described in Purchase Orders. Subject to the mutual agreement of the parties in a Purchase Order, Licensor personnel will perform these Services at the rate and charges set forth in such Purchase Order, plus applicable travel, meal and lodging expenses. 4.2 Maintenance and Support Services Licensor shall provide maintenance and support services ( "Maintenance ") as described in Purchase Orders to maintain the Licensed Software 2 in compliance with the Texas Property Tax Code, and to provide technical support, Licensed Software 2 updates, and other services as described in Purchase Orders. Unless otherwise set forth in an applicable Purchase Order, support calls for service will be provided during normal business hours, and will be responded to in a maximum of 2 hours from the time the call was placed. Licensee understands and agrees that if Licensee discontinues and then resumes the use of Maintenance, licensee will be required to pay Licensor the entire Maintenance Services Fees for the period of discontinuance, plus the Maintenance Services then commencing. 5. FEES AND EXPENSES. 5.1. In consideration for the License 2 and the Services and Maintenance to be provided by Licensor, Licensee shall pay the fees as indicated in the applicable Purchase Order. Licensee will pay these fees within thirty (30) days of the date of the invoice, unless otherwise provided in the Purchase Order. Thereafter, all past due balances shall accrue interest at the rate of 1 % per month. s. PROPRIETARY RIGHTS AN CONFIDENTIALITY. 6.1. Licensee understands and agrees that the Licensed Software 2, related data, documentation, and all other information and materials provided by Licensor to Licensee (the "Proprietary Information ") are confidential and that Licensor has and will have exclusive Intellectual Property Rights in such Proprietary Information. For the purposes of this Agreement, "Proprietary Information" shall include all third -party information provided by Licensor to Licensee. Licensee acknowledges and agrees that no title or ownership of the Licensed Software 2 or any of Licensor's Intellectual Property Rights is transferred to Licensee by this Agreement and that the Licensed Software 2 and all Intellectual Property Rights are and will remain the exclusive property of Licensor. Except as otherwise expressly set forth in any Purchase Order, Licensor shall own all right, title, and interest in and to all Deliverables that are written or created by Licensor personnel alone or jointly with Licensee or third parties in connection with this Agreement. "Deliverable" shall mean any work product, software, co- development, analysis, or other deliverable(s) produced for or delivered to Licensee under this Agreement in connection with a Purchase Order. 6.2. Licensee agrees not to make any claim or representation of ownership of any of the Licensed Software 2 and all related data, documentation and other materials, including any Deliverables. Subject only to the rights expressly granted to Licensee under this Agreement according to the non - exclusive License 2 herein, all rights, title and interest in and to the Licensed Software 2 including without limitation the Proprietary Rights will remain with and belong exclusively to Licensor. This is a software license agreement and not an agreement for the sale of the Licensed Software 2. 6.3. Licensee agrees to keep all Licensed Software 2 (including all related data, documentation and other materials) and other confidential information of Licensor confidential and agrees not to sell, assign, distribute or disclose any Licensed Software 2 or any portion of the Licensed Software 2 to any other person or entity. Licensee agrees to advise its employees, agents and consultants of the confidential and proprietary nature of the Licensed Software 2 (including all related data, documentation and other materials) and of the restrictions imposed by this Agreement, and agrees to confine access to Licensee's employees, agents and consultants solely on a need -to -know basis, subject to all restrictions imposed by this Agreement. Demonstrating the capability of the system to competing appraisal districts, competing vendors, and/or competing agents shall be a disclosure of the Licensed Software Harris Local Government Solutions Inc.. COMPANY CONFIDENTIAL Page 2 of 10 Vol. _ 2 that constitutes a material breach of this Agreement. 6.4. Licensor agrees to keep confidential all of Licensee's confidential information, and agrees not to sell, assign, distribute or disclose any such confidential information to any other person or entity. Licensor agrees to advise its employees, agents, and consultants of the confidential and proprietary nature of such confidential information and of the restrictions imposed by this Agreement, and agrees to confine access to Licensor's employees, agents and consultants solely on a need -to -know basis, subject to all restrictions imposed by this Agreement. 6.5. The provisions of this Section 6 apply to the Licensed Software 2 as originally delivered by Licensor and as modified or otherwise enhanced and to any data, documentation, other materials and information regarding the Licensed Software 2 that has been given to Licensee prior to the Effective Date, and apply to Licensee and to all employees, agents, consultants and affiliates of Licensee. 6.6. Licensee agrees to assist Licensor in stopping and preventing any possession or use of the Licensed Software 2 (including all related data, documentation and other materials) by any person or entity not authorized by this Agreement to have such possession or use, and will cooperate with Licensor in any litigation that Licensor determines is reasonably necessary to protect the Proprietary Rights. 6.7. The parties agree that any breach of the provisions of this Section 6 will cause substantial damages, that the amount of such damages is difficult to determine with precision, and that any remedies at law for such a breach will entitle the owner of the confidential information or Proprietary Information as the case may be, in addition to any other remedies it may have, to temporary and permanent injunctive and other relief, without the necessity of posting bond or proving actual damages. 7. WARRANTY AND LIMITATION OF LIABILITY Licensor warrants that as of the Effective Date the Licensed Software 2 will perform in accordance with its intended purpose in relation to taxation functions in the state of Texas and will perform the all functions in accordance with the documentation and applicable specifications. Licensee's sole remedy for a breach of the express warranties in this section shall be repair or replacement of the Licensed Software 2 or reperformance of any applicable Services within a reasonable time, or termination thereof of the Agreement in accordance with the provision of paragraph 8 below. LICENSOR MAKES NO OTHER WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE LICENSED SOFTWARE 2 OR ANY SERVICES TO BE PROVIDED UNDER THIS AGREEMENT OR ANY APPLICABLE PURCHASE ORDER, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, IN FACT OR IN LAW, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON - INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. LICENSOR DOES NOT WARRANT THAT THE LICENSED SOFTWARE 2 WILL OPERATE WITHOUT INTERRUPTION OR BE ERROR FREE. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT OR ANY APPLICABLE PURCHASE ORDER, LICENSOR HAS NO DUTY TO UPDATE, MAINTAIN OR PROVIDE ANY ENHANCEMENTS FOR THE LICENSED SOFTWARE. EXCEPT FOR DAMAGES ARISING FROM THE BREACH OF EITHER PARTY'S INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPRIETARY RIGHTS OR THE CONFIDENTIAL OBLIGATIONS SET FORTH HEREIN, NEITHER PARTY SHALL BE LIABLE TO THE OTHER OR ANY THIRD PARTY FOR DAMAGES IN EXCESS OF ANY AMOUNTS ACTUALLY PAID TO LICENSOR HEREUNDER. NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR EXEMPLARY DAMAGES, LOST PROFITS OR LOST SAVINGS, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. e. TERM AND TERMINATION 8.1. The term of this Agreement shall begin on the Effective Date and continue for one (1) year unless earlier terminated in accordance with the terms hereof. This Agreement shall automatically renew for additional twelve (12) month terms unless Licensee provides Licensor written notice of its intent not to renew ninety (90) days prior to the expiration of the then - current term. In the event that either party fails at any time to comply with any of its obligations under this Agreement and fails to cure such breach within thirty (30) calendar days after the giving of a written notice of termination that describes in reasonable detail the alleged breach, the other party may terminate this Agreement effective on the 31 day after the original written notice of termination for cause was given if cure is not made or if some interim arrangement has not been reached between the parties during the 30 day cure period. If Licensee breaches any provision of Section 3 or Section 6, the Licensor may terminate this Agreement immediately upon written notice to Licensee. Upon termination, Harris Local Government Solutions Inc.. COMPANY CONFIDENTIAL Page 3 of 10 /G Vol. d__ pg. �0 Licensee shall immediately destroy all copies of the Licensed Software 2 and certify to Licensor that it has retained no copies of the Licensed Software 2. Upon termination, regardless of the reason for termination, Licensee shall pay Licensor all undisputed Fees or expenses then due or incurred up to the time of termination. The rights and responsibilities of the parties pursuant to paragraphs 3.2, 5, 6 the limitation of liability provisions of paragraph 7, and paragraph 9 shall survive the expiration or termination of this Agreement. 8.2 NON - APPROPRIATION. Licensor acknowledges that Licensee is a governmental entity and the contract validity is based upon the availability of public funding under the authority of its statutory mandate. In the event that public funds are not appropriated for the performance of Licensee's obligations under this Agreement, then this Agreement shall automatically expire without penalty to Licensee thirty (30) days after written notice to Licensor of the non - appropriation of public funds. It is expressly agreed that licensee shall not activate this non - appropriation provision for its convenience or to circumvent the requirements of this Agreement, but only as an emergency fiscal measure during a substantial fiscal crisis, which affects generally its governmental operations. 9. MISCELLANEOUS. 9.1. Neither party will be liable for any failure to comply with or delay in performance of this Agreement where failure or delay is caused by or results from any events beyond its control, including but not limited to, fire, flood, earthquake, accident, civil disturbances, acts of any governmental entity, war, shortages, embargoes, strikes (other than those occurring in the workforce of the party claiming relief, or the workforces of its subcontractors), transportation delays, or acts of God. 9.2. This Agreement will inure to the benefit of and be binding upon the parties and their respective successors and permitted assigns; provided however, that (i) Licensee may not assign subject matter of this Agreement. This Agreement will be supplemented by one or more Purchase Orders, which will be deemed to be part of this Agreement when signed by each party. 9.4. No delay, omission or failure to exercise any right or remedy under this Agreement will be deemed to be a waiver of such right or remedy or acquiescence to the event giving rise to such right or remedy, but every such right and remedy may be exercised from time to time and so often as may be deemed expedient by the party exercising such right or remedy. 9.5. Licensor and Licensee are independent contractors with respect to one another under this Agreement, and neither one is a partner, joint venturer, employee, agent or legal representative of the other for any purpose. 9.6. This Agreement will be governed by and construed in accordance with the laws of the United States and the State of Texas, without respect to conflict of laws principles. The parties hereby irrevocably consent to the exclusive jurisdiction of the State and Federal District Courts for Collin County in Plano, Texas for the commencement or maintenance of any action between the parties arising hereunder. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods (1980) is specifically excluded from application to this Agreement. 9.7. If any provision of this Agreement or compliance by any of the parties with any provision of this Agreement constitutes a violation of any law, or is or becomes unenforceable or void, then such provision, to the extent only that it is in violation of law, unenforceable or void, shall be deemed modified as necessary so that it is no longer in violation of law, unenforceable or void, and such provision will be enforced to the fullest extent permitted by law. If such modification is not possible, such provision, to the extent that it is in violation of law, unenforceable or void, shall be deemed severed from the remaining provisions of this Agreement, which provisions will remain in full force and effect. or otherwise transfer this Agreement or any of its rights and /or obligations hereunder without the prior 9.E. The parties may make disclosures regarding written consent of Licensor, and (ii) Licensor may this Agreement required by legal, accounting, or only transfer or assign its rights and obligations regulatory agencies. Subject to the confidentiality under this Agreement to an affiliate, in connection restrictions set forth in Section 6 above and with a merger or acquisition or in connection with a applicable law, the parties may create and distribute corporate reorganization. media releases, public announcements, or make public disclosures regarding the existence of the 9.3. This Agreement constitutes the full and Agreement and such releases, announcements and complete understanding and agreement of Licensor disclosures may include the name trademark or logo and Licensee and supersedes all prior negotiations, of either of the parties, and be posted on the parties understandings and agreements pertaining to the respective web sites. Any media release or public Harris Local Government Solutions Inc.. COMPANY CONFIDENTIAL Pag 4 of 10 announcement by Licensee regarding this Agreement shall be subject to prior approval by Licensor. Licensor may disclose Licensee's name on a list of customers 9.9. This Agreement will become effective only upon execution of this Agreement by an authorized officer of Licensor and Licensee. 9.10. Any notice or communication required or permitted to be given hereunder may be delivered by hand, deposited with an overnight courier, sent by confirmed facsimile, or mailed by registered or certified mail, return receipt requested, postage prepaid, in each case to the address of the receiving party indicated below, or at such other address as may hereafter by furnished in writing by either party hereto to the other. Such notice will be deemed to have been given as of (i) the date it is delivered in the case of delivery by hand or overnight delivery, (ii) on the date of facsimile if sent by confirmed facsimile, and (iii) three (3) days after deposit in the mail in the case of certified mail delivery. Copies of all notices to Licensor shall be sent to: True Automation c/o Harris LGS, 2600 Technology Drive, Suite 900, Plano, TX 75074. 9.11. The Uniform Computer Information Transactions Act does not apply to this Agreement. 9.12. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. Harris Local Government Solutions Inc.. COMPANY CONFIDENTIAL Page 5 of 10 CONSENT TO LICENSE The Brazos County Tax Office does hereby execute this Consent to License document together with True Automation, an unincorporated division of Harris Local Government Solutions, Inc. (the "Licensor ") in respect of the software licensed by the Licensor to the Brazos County Appraisal District. The Brazos County Appraisal District does hereby assign all of its rights In and to the software subject to the License 2 Agreement to the Brazos County Tax Office and the Brazos County Tax Office does hereby agree to be bound by all of the obligations therein. The Licensor and the Brazos County Tax Office do hereby agree that the License 2 Agreement does hereby form a distinct agreement between the two and that each has all of the rights, privileges and obligations stated in the License 2 Agreement and that the Brazos County Appraisal District Is no longer a party to and has no rights in the License 2 Agreement. The Brazos County Tax Office agrees to pay the amounts in the associated purchase orders to the Licensor and ONE DOLLAR to the Brazos County Appraisal District. As between the Licensor and the Brazos County Appraisal District, any liabilities and responsibilities that arose prior to October 1, 2012, shall be subject to the agreement dated August 11, 2008, as amended. IN WITNESS WHEREOF, the parties have executed this Consent to License this � day of �Qr, 2012, which is effective on October 1, 2012. Harris Local Government Solutions Inc. BRAZOS COUNTY TAX OFFICE Address: 2600 Technology Drive, Ste 900 Address: 300 E Wm. J. Bryan Pkwy Plano, Texas 75074 B an, TX 7 6 By: BY: Name: Dean deVilleneuve Name: Title: Executive Vice President Title: BRAZOS COUNTY APPRAISAL DISTRICT Address: 1673 Briarcrest Drive, Suite A -101 Bryan, Texas 75803 -5536 By: Name: Title: Vol. age 6 of 10 ! Purchase Order #1 For Licensed Software 2 This Purchase Order #1 ( "Purchase Order") to the Licensor Master License and Services Agreement ( "Agreement ") is made and entered into on October 01. 2012 ( "Effective Date ") by and between Harris Local Government Solutions Inc. through its unincorporated division True Automation ( "Licensor ") and Brazos County Tax Office ( "Licensee ") pursuant to the terms of the Agreement. Capitalized terms used but undefined in this Purchase Order shall have the meanings assigned to them in the Agreement. 1. Licensed Software 2 . Licensor shall deliver the following Licensed Software 2 to Licensee. PACS Collection Application 2. License Period 2 . The term of this Purchase Order shall begin on the Effective Date and continue in effect for a period of two (2) years from the beginning of the maintenance term unless terminated as provided in the Agreement. Thereafter, this Purchase Order shall run concurrently with the Maintenance Agreement. 3. Hardware Fees: Licensee shall provide all required hardware. 4. Professional Services A. Professional Services Fees: No Professional Service Fees to be billed for the separation from the Brazos Appraisal District 5. Hardware and LAN Requirements — The PACS product is a 32 -bit N -Tier application and as such has some minimal hardware requirements. These requirements will be reviewed ninety (90) days prior to implementation to ensure they reflect the most current hardware and LAN requirements. LAN Requirements - The PACS product also requires a Local Area Network (LAN) infrastructure to be in place for proper operation. All cable -drops must be Category 5 or better certified throughout the building. Harris Local Government Solutions Inc COMPANY CONFIDENTIAL Pag 7 of 10 Vol. fe - - - � J Client PAM Server JobWeb Server(s Like eablia ns available from Deft 090 hiPlex 746 Deft erEd a 2A70 DO Pbwe s 910 CPU Sin(ie Core 2.OGHz Dual Core 1.80Cit (2 CPU) Dud Core 2.66GIt (1 CPU) RAM 1 OGB 8 OGB 4.0138 Hard Disk 73GS 2x - 73GB (Raid 1. OS) 10k Zr(- 73GS (Raid 1 - OS) 10K PACs 9 o C rent disk usage 3x - 146138 (Red 5 - Data) 10( estimated at less then 1G 1x- 73GB (non -raid - Logs) 10k C04iOM NA 18x DVDICD 18x DVDrCD J F Network Card 1OOMB 1GB 1GB ndows 2003 Server Standard R2 Windows 2003 Server Standard R2 US windows) (P Professional x64 Edition x64Edtion MS SOL 2005 Standard x84 Edition Misc. software MS Office 2007 Seelc Edition SP2 1'r Analog Flat Panel Display (1280 Monitor x 1024 resolution) pU Dual Care 2.0GHz 2.DGB -l ard Disk 73GB ACS 9.0 Cient d9( usage e5msted at less then 1G Based on county sire Same as above DaeOM 4e( CD Network Card 1138 of6 Win )0 Profes Misc. Bofieare Ms Office 21107 Basic Edition 19" Analog Flat Panel Depley (1280 Morttor x 1024 resolution) CPU DuallOued Core 216GI-tz RAM 4.OGB 4wd Disk 16013B PACS 9.0 Cant disk usage estimated at less then 1G Based on county sire Same as above CWtOM 4e( DVDICD CQ Network Card 11313 ofs Wndows)F Pr I.. Software MS Office 2007 Standard Monitor 2x - 19" Analog Flat Panel Dispiey Harris Local Government Solutions Inc COMPANY CONFIDENTIAL Pag 7 of 10 Vol. fe - - - � J Other Reauirements. A. In order that Licensee is assured proper access to the Licensed Software 2, Licensor requires that Licensee maintain a certain computing and networking environment as set forth in Section 6 (Hardware and LAN Requirements) . Licensor will determine and ensure proper configuration of all hardware and related equipment and devices and verify such hardware (whether currently owned or later purchased) is compatible with the Licensed Software 2. B. Licensee will implement procedures sufficient to satisfy its obligations for security under the Agreement, including appropriate control of its employees to prevent misuse, unauthorized copying, modification, or disclosure of the Licensed Software 2. Acquisition of Data for Conversion: At the initiation of the conversion process and installation of the Licensed Software 2, it may be necessary for Licensor to review, inspect or request data in a software system managed or owned by a third party vendor. Licensee agrees to provide Licensor access and if necessary obtain all necessary third party rights and permissions to access such systems or obtain such data as requested by Licensor. Licensee agrees to indemnity Licensor for any liability for damages to a third party vendor involving claims of use or misuse or access to confidential and /or privileged information by Licensor but only to the extent that such damages resulted from the actions of Licensee. Licensor will not be held responsible for any delays in Licensee's failure to procure the requested data or receive third party vendor authority for access by Licensor. IN WITNESS WHEREOF, the parties have executed this Purchase Order as of the Effective Date. Harris Local Government Solutions Inc. BRAZOS COUNTY TAX OFFICE Address: 2600 Technology Drive, Ste 900 Plano, Texas 75074 By: Name Title: Dean deVilleneuve Executive Vice President Address: 300 E Wm. J. Bryan Pkwy Bryan, TX 77803 -5536 By: u Name: aKn — pP rs Title: Y( S 0DArkkA j Harris Local Government Solutions Inc. COMPANY CONFIDENTIAL Page 8 of 10 Vol. le S , - Pg•_ Purchase Order #2 Maintenance This Purchase Order 2 ( "Purchase Order ") to the Licensor Master License and Services Agreement ( "Agreement ") is made and entered into on October 01. 2012 ( "Effective Date ") by and between Harris Local Government Solutions Inc. through Its unincorporated division True Automation ( "Licensor") and Brazos County Tax Office ( "Licensee ") pursuant to the terms of the Agreement. Capitalized terms used but undefined in this Purchase Order shall have the meanings assigned to them in the Agreement. I . Licensor will provide the following Maintenance services: A. Unlimited phone, internet, and email support during normal business hours for two (2) contacts. B. Licensed Software 2 updates as needed to stay in compliance with relevant legislation, excluding those services described in Section 5 herein. C. General product enhancements provided to all Maintenance customers. 2. Licensee shall be invoiced in four (4) equal installments at the beginning of each quarter as follows: January 1, April 1, July 1, and October 1. 3. Payment for Maintenance and Support- Annual Maintenance and Support Services fees are required to be paid by Licensee as specified in the Agreement. Payments for Maintenance and Support Services shall be due within thirty (30) days after the receipt of Ucensor's invoice. 4. Maintenance fees are set forth below for the fourth quarter of 2012: PACS Collection Annual Support & Maintenance $6.412.50 Internet Domain Name Hosting & Administration for Brazos Tax $243.75 Internet Payments-Credit Cards/Debit Cards $1,562.50 Internet Property Search Hosting & Administration assigned to Brazos Tax $462.50 Total Maintenance $8,681.25 Annual Maintenance fees are set forth below for 2013, as communicated in the 2013 Summary Maintenance Statement: PACS Collection Annual Support & Maintenance $26,020.00 Internet Domain Name Hosting & Administration for Brazos Tax $975.00 Internet Payments-Credit Cards/Debit Cards $2,180.00 Internet Property Search Hosting & Administration assigned to Brazos Tax $4,070.00 Total Maintenance $33,245.00 5. In the event a material change in legislation requires a substantial amount of development effort by Licensor, as.determined by Licensor in its sole discretion, Licensor reserves the right to impose a one -time Legislative Compliance Fee not to exceed ten percent (10 %) of the then - current list price for the same or similar software. In conjunction with any applicable Legislative Compliance Fee paid by Licensee hereunder, Licensor reserves the right to impose an additional Legislative Compliance Maintenance Fee proportioned to the then - current percentage of Maintenance Fee as compared to the License Fee. S. Both standard Maintenance fees and Legislative Compliance Maintenance Fees may be adjusted by Licensor annually. Each adjustment shall be no more than the CPI plus five percent (5 %) per year, not to exceed an annual increase of five percent (5 %). 7. The Maintenance term shall begin 30 days after the Licensed Software 2 is in production and continue for a period of one (1) year ( "Initial Term "). Upon expiration of the Initial Term, subject to the same fees paid by Licensee during the prior term, this Purchase Order shall automatically renew for a period of one (1) year ( "First Renewal Term "), provided however, that following the expiration of the Initial Term, Licensee may provide Licensor written notice at least ninety (90) days prior to the anniversary date of the Initial Tenn, that this Purchase Order be cancelled effective at the anniversary date of the Initial Term. After the First Renewal Term, this Purchase Order will automatically renew for successive periods of one (1) year ("Subsequent Terms ") unless either party provides the other party with written notice of its intent not to renew at least ninety (90) days prior to the expiration of the then current term that such tens will not be renewed. 8. After the Initial Term, either party may terminate Maintenance for any reason upon ninety (90) days prior written notice to the other party. Harris Local Government Solutions Inc. COMPANY CONFIDENTIAL Page 9 of 10 IN WITNESS WHEREOF, the parties have executed Harris Local Government Solutions Inc. Address: 2600 Technology Drive, Ste 900 Plano, Texas 75074 By: Name: Dean deVilleneuve Title: Executive Vice President this Purchase Order as of the Effective Date. BRAZOS COUNTY TAX OFFICE. Address: 300 E Wm. J. Bryan Pkwy Bryan, TX 77803 -553 By: Name: Q a-ro- pe-y s Title: zra:z C ouLri F Pa. Harris Local Governm enTSoWttomtn . J Page 10 of 10 ADDENDUM #1 TO TRUE AUTOMATION LICENSE AND SERVICES AGREEMENT DATED AUGUST 11, 2008 WHEREAS, True Automation, Inc. ( "True Automation ") and Brazos County Appraisal District (the "County") entered into an agreement dated August 11, 2008 for the licensing of the two following software products: PACS Appraisal and PACS Collections (the "Agreement"); WHEREAS, the assets of True Automation have been acquired by and certain assets have been sold by True Automation to N. Harris Computer Corporation and Harris Local Government Solutions Inc. (together, the "Acquirors "); WHEREAS Harris Local Government Solutions Inc. is now the licensor of the PACS Appraisal and PACS Collections software products (the "Licensor"); WHEREAS the County wishes to retain for itself the license to the PACS Appraisal software product and wishes to assign the license to PACS Collections software to the Brazos County Tax Office (the 'Tax Office "); NOW THEREFORE for the consideration of the continuing payment of the total annual support and maintenance fees by the County and the Tax Office, and for the continuing provision of support and maintenance services by Licensor, the parties do hereby agree to the following: 1. The parties to this Addendum agree that the order in which the Agreement is modified by this Addendum is important, and that each such modification occurs in its own right prior to the modification detailed in the subsequent section to this Addendum and that all such modifications are cumulative; 2. The County does hereby acknowledge the acquisition of True Automation's assets by the Acquirors and that the license to the PACS Appraisal and PACS Collections software products has been assigned to Licensor and that such assignment is permissible pursuant to section 8.3 of the Agreement and the County affirms and agrees with this assignment; 3. All references in the Agreement to `True Automation, Inc." are hereby replaced by "Harris Local Government Solutions Inc. "; 4. All references to the defined term "TRUE AUTOMATION" are replaced by "Licensor"; S. All of the terms of the Agreement are duplicated, with the terms of the original Agreement continuing to as set out in the Agreement and following section 8.10 and before the signature lines, all of the terms of the Agreement from section 1 to 8.10 are repeated except that each such term is number with an "A" in front of the section number, such that after section 8.10 shall be section "Al PURCHASE ORDERS "; 6. Prior to section 1, the line just above section lshall be added the phrase "License 1" and under section 8.10 and above section Al shall be added the phrase "License 2 "; 7. In section 2.1 of the Agreement, the entire section shall be removed and replaced with the following: Subject to the terms of this Agreement, the Licensor hereby grants to Licensee a non - exclusive, vo1. / ,; O - I non - transferable, non - sublicenseable, restricted license to use for internal purposes (the "License 1 ") during the license term specified in the applicable Purchase Order (the "License Period 1 ") the object for the software product "PACs Appraisal" (the "Licensed Software 1 "). The Licensed Software 1 may be used only by Licensee during the applicable License Period 1. The License 1 permits named users designated by Licensee in Purchasers Orders (Authorized Users 1 ") to use the Licensed Software 1. 8. Throughout the Agreement between sections 1.1 and 8.10, all references to the defined term "License" shall be changed to "License 1 ", all references to the defined term "Licensed Software" shall be changed to "Licensed Software 1 ", all references to the defined term "License Period" shall be changed to "License Period 1 ", and all references to the defined term "Authorized Users" shall be changed to "Authorized Users 1 "; 9. In section A2.1 of the Agreement, the entire section shall be removed and replaced with the following: Subject to the terms of this Agreement, the Licensor hereby grants to Licensee a non - exclusive, non - transferable, non - sublicenseable, restricted license to use for internal purposes (the "License 2 ") during the license term specified in the applicable Purchase Order (the "License Period 2 ") the object for the software product "PACS Collections" (the "Licensed Software 2 "). The Licensed Software 2 may be used only by Licensee during the applicable License Period 2. The License 2 permits named users designated by Licensee in Purchasers Orders (Authorized Users 2 ") to use the Licensed Software 2. 10. Throughout the Agreement between section AM and A8.10, all references to the defined term "License" shall be changed to "License 2 ", all references to the defined term "Licensed Software" shall be changed to "Licensed Software 2 ", all references to the defined term "License Period" shall be changed to "License Period 2 ", and all references to the defined term "Authorized Users" shall be changed to "Authorized Users 2 "; 11. In sections 5.1 and ASA, in the first paragraph of each section beginning with the following words to the end of the first paragraph "will have exclusive intellectual property and other proprietary rights in such..." will be substituted with "will have exclusive Intellectual Property Rights in such Proprietary Information. For the purposes of this Agreement, "Proprietary Information" shall include all third party information provided by Licensor to Licensee. "; 12. The following Section 1, Definition, shall become Section 1 and Section Al and be put into place directly preceding the current Sections 1 and Al, Purchase Orders, respectively, which will automatically become Sections 2 and A2 with each subsequent section being appropriately changed to increase by a value of 1 and where the "X" in Subsection 1.2 shall be "1" and in Subsection A1.2 shall be "2 ": 1. DEFINITIONS. 1.1 "Purchase Order" has the meaning set forth in Section 2. 1.2 "Licensed Software X" means the proprietary Licensor software (in object code format only) and related documentation that is identified in any mutually agreed upon Purchase Order. 1.3 "Intellectual Property Rights" means any and all rights, whether or not registered, that may exist from time to time in this or any other jurisdiction under patent law, copyright law, moral rights law, publicity rights law, trade secret law, trademark law, unfair competition law or other similar protections. "'; -- - - - , P 13. The Purchase Orders attached hereto shall replace the Purchase Orders attached to the Agreement to the extent that the new Purchase Orders cover the same terms of what was included in the original Purchase Orders; 14. The Exhibits attached hereto shall replace the Exhibits attached to the Agreement; 15. The County wishes to assign its rights in the License 2 to the Tax Office, including all Purchase Orders associated therewith; 16. The Licensor agrees to such assignment as required under sections 9.3 and A9.3 of the Agreement, as applicable, subject to the Tax Office agreeing to be bound by all of the terms of License 2 and the associated Purchase Orders; 17. That License 2 be removed from the Agreement to form a separate document being License 2, and that all Sections therein as written be modified such that each "A" that precedes a section and subsection number be removed; 18. That License 1 be generally modified such that its final version is as represented in the attachment herein, including the removal of section 9.1 in the original Agreement and all of Licensee's rights associated with that section is void; 19. That License 2 be generally modified such that its final version is as represented in the attachment herein, including the removal of sections 9.1 and 9.4 in the original Agreement and all of Licensee's rights associated with those two sections are void; 20. A copy of the Agreement in its original form is attached as a reference hereto, and this Addendum shall be included in the copy of this Agreement that is provided to the Tax Office; 21. IN WITNESS WHEREOF, the parties have executed this Addendum on this day of September, 2012. Harris Local Government Solutions Inc. BRAZOS COUNTY APPRAISAL DISTRICT Address: 2600 Technology Drive, Ste 900 Plano, Texas 75074 Address: 1673 Briarcrest Drive, Suite A -101 Bryan, Texas 75803 -5536 By: Name: Dean deVilleneuve Title: Executive Vice President Date: By: Name: Title: Date: Val. E g. J��! i Purchase Order 3 For License 1 of Mater License and Services Agreement Dated August 11, 2008 This Purchaser Order 3 has an Effective Date of October 1, 2012 on which any quarterly payments stated herein are due. To the extent that any terms from Purchase Order 1 or Purchase Order 2 are necessary in order for this Purchase Order 3 to be understood by the parties, such terms and conditions shall be incorporated herein except that all of the rates herein replace the rates in previous Purchase Orders and no further rights to support and maintenance than those listed herein will be provided by Licensor. Licensor will provide the following Maintenance services: A. Unlimited phone, internet, and email support during normal business hours for two (2) contacts. B. Licensed Software 2 updates as needed to stay in compliance with relevant legislation, excluding those services described in Section 5 herein. C. General product enhancements provided to all Maintenance customers. Licensee shall be invoiced in four (4) equal installments at the beginning of each quarter as follows: January 1, April 1, July 1, and October 1. Payment for Maintenance and Support- Annual Maintenance and Support Services fees are required to be paid by Licensee as specified in the Agreement. Payments for Maintenance and Support Services shall be due within thirty (30) days after the receipt of Licensor's invoice. Maintenance fees are set forth below for the fmirth ni mrtar of , )n1 7• Software or Service Amount PACS Appraisal Annual Support & Maintenance for PACS Appraisal: $10,862.50 Internet ArcIMS Map Service Hosting & Administration: $1,093.75 Internet Property Search Hosting & Administration for Brazos CAD $ 462.50 Marshall & Swift Commercial Appraiser -3,054 Units Billed annually in August GIS Appraiser License: Rate was adjusted lower -no additional GIS Appraiser Fees due in 2012 $ Barcode /OCR License: $250.00 Pen Tablet Maintenance - Quantity 2 $150.00 Internet Domain /Website Hosting & Administration (CAD) $243.75 Iron Mountain Software Escrow Fee $162.50 GIS Viewer Quantity 26 $325.00 Total Fourth Quarter 2012 Maintenance for Brazos County Appraisal District $13,550.00 L Annual Maintenance fees are set forth below for 2013, as communicated in the 2013 Summary Maintenance Statement: Software or Service Amount PACS Appraisal Annual Support & Maintenance for PACS Appraisal: $45,040.00 Internet ArcIMS Map Service Hosting & Administration: $4,375.00 Internet Property Search Hosting & Administration for Brazos CAD $4,070.00 Marshall & Swift Commercial Appraiser -3,054 Units Billed annually in August- approximately $2,000.00 GIS Appraiser License: $700.00 Barcode /OCR License: $1,000.00 Pen Tablet Maintenance - Quantity 2: $600.00 Internet Domain /Website Hosting & Administration (CAD): $975.00 Iron Mountain Software Escrow Fee: $650.00 GIS Viewer Maintenance - Quantity 26 $1,300.00 Online Appeals Annual Hosting Fee: $5,000.00 2013 Summary Maintenance rates for Brazos County Appraisal District $63,710.00 (does not Include Marshall & Swift - billed annually) IN WITNESS WHEREOF, the parties have executed this Purchase Order as of the Effective Date. Harris Local Government Solutions Inc. BRAZOS COUNTY APPRAISAL DISTRICT Address: 2600 Technology Drive, Ste 900 Plano, Texas 75074 Address: 1673 Briarcrest Drive, Suite A -101 Bryan, Texas 75803 -5536 By: Name: Dean deVilleneuve Title: Executive Vice President Date: By: Name: Title: Date: �' / � �� HEALTH AND H. SERVICES COMMISSION TEXAS HEALTHCARE TRANSFORMATION AND QUALITY IMPROVEMENT PROGRAM 11 15 DEMONSTRATION WAIVER PROGRAM CERTIFICATION OF GOVERNMENTAL ENTITY PARTICIPATION FOR HOSPITAL AFFILIATES Version 2012-1 (09105/2012) [vol. STATUS' DOCUMENT REVISION' EFFECTIVE DESCRIPTION 3 DATE Baseline n/a Initial version of the Certification of Governmental Entity Participation Revision 1.1 09105/2012 Added cover page. Revision 1,2 09105/2012 Added Document History Log. Revision 1.3 09/0512012 Various formatting changes. Revision 1.4 09105/2012 Added version number (Version 2012-1) and date of issuance to cover page and page footer. Revision 1.5 09105/2012 Deleted 'Texas" from "Health and Human Services Commission' to reflect agency's statutory name. Revision 1,6 0910512012 Revised paragraph 4,g, to replace "and" at the end of I subparagraph ii following the semicolon with 'or.' `Baseline" indicates initial document issuances, 'Revision' indicates changes to the Baseline version, and 'Cancellation' indicates withdrawn versions. 2 Numbering conventions: Revisions are numbered according to the version of the document and the sequential revision---e.g- "1.2" refers to the first version of the document and the second revision. Brief description of the changes to the document made in the revision. 2 Health & Human Services Commission 1115 Demonstration Waiver Program Governmental Entity Certification for Hospital Payments version 2012-1 (09/05;2012) Vol. I LL- HEALTH AND Hum,-x-N SERVICES COMMISSION TEXAS HEALTHCARE TRANSFOWMATION AND QUALITY IMPROVEMENT PROGRAM 1115 DEMONSTRATION WAIVER PROGRAM CER TIFICA TIO.V OF GO VERJVVE.V7AL ENTITY PAR TICIP 4 TION FOR HOSPITAL AFFILIATES On behalf of Brazos County a political subdivision organized under the laws of the State of Texas (hereinafter referred to as "the Governmental Entity"), 1, Duane Peters, County Judge affirm and certify the following: 1. Legal Authorization. a. The Governmental Entity is legally authorized to levy and collect ad valorem taxes, generate public revenue, or receive and expend appropriated public funds ("Public Funds"); b. The Governmental Entity is legally authorized to enter into and has entered into Affiliation Agreements with one or more private hospitals ("the Affiliated Hospitals") for, among other purposes, providing indigent care in the community served by the Governmental Entity. 2. Public Adoption and Access. a. The governing body of the Governmental Entity adopted the conditions described in this certification by recorded vote taken in a public meeting held in compliance with the Texas Open Meetings Act, Chapter 551, Government Code; b. Copies of all Affiliation Agreements will be made available as provided under the Texas Public Information Act, Chapter 552, Government Code, and will be provided to HHSC on request. Healdi & Human Services Commission 11 15 Demonstration Waiver Program Governmental Entity Certification for Hospit Payments Version 2012-1 (09105 %213 Vol. I Funding of Intergovernmental Transfers and Supplemental.Piqvients. a. The Governmental Entity has or has agreed to transfer Public Funds to the Health and Human Services Commission ("HHSC") via intergovernmental transfer ("IGT") for use as the non-federal share of supplemental waiver payments (the "Supplemental Payments to the Affiliated Hospitals in accordance with I Tex. Admin. Code §355.8201, 'Waiver Payments to Hospitals (the "Waiver Program"); b. All transfers of Public Funds by the Governmental Entity to HHSC to support the Supplemental Payments to the Affiliated Hospitals under the Waiver Program comply with: i. The applicable regulations that govern provider-related donations codified at section 1903(w) of the Social Security Act (42 U.S.C. § 13 96b(w)), and Title 42, Code of Federal Regulations, Part 433, subpart B, sections 433.52 and 433.54; il. HHSC administrative rules codified at I Tex. Admin Code §355.8201, Waiver Payments to Hospitals. 4 Assuranees and Representations. a. The Governmental Entity does not and will not at any time receive any part of the supplemental payments that are made by H.HSC to the Affiliated Hospitals under the Waiver Program, b. The Governmental Entity has not entered into a contingent fee arrangement related to the Governmental Entity's participation in the Waiver Program; c. The Governmental Entity has not entered and will not enter into any agreement to condition either the amount of the Public Funds transferred by the Governmental Entity or the amount of Supplemental Payments an Affiliated Hospital receives on the amount of indigent care the Affiliated Hospital has provided or will provide; d. The Governmental Entity has not entered and will not enter into any agreement to condition the amount of any Affiliated Hospital's indigent care obligation on either the amount of Public Funds transferred by the Governmental Entity to HHSC or the amount of Supplemental Payment an Affiliated Hospital may be eligible to receive-, e. With regard to any escrow, trust or other financial mechanism (an "Account") utilized in connection with an indigent care Affiliation Agreement or an IGT issued for a payment period that occurs after the effective date of this Certification, the following representations are true and correct: 4 Health & Human Services Commission 11 15 Demonstration Waiver Program Governmental Entity Certification for Hospital Payments Version 20 (09105?2012) Vol. i. The amount of any Account is not conditioned or contingent on the amount of indigent care services that an Affiliated Hospital provided or will provide; ii. The Governmental Entity has disclosed the existence of an to C HHS and I iii. Any such Account will not be used to effect a quid pro quo for the provision of indigent care services by or on behalf of the Affiliated Hospitals; f. The Governmental Entity has not received and will. not receive refunds of payments the Governmental. Entity made or makes to an Affiliated Hospital for any purpose in consideration for an IGT of Public Funds by the Governmental Entity to HHSC to support the Supplemental Payments, g. The Governmental Entity has not received and will not receive any cash or in- kind transfers from an Affiliated Hospital or any other entity acting on behalf of an Affiliated Hospital or group of Affiliated Hospitals other than transfers and transactions that: i. Following the date this Certification was executed, are unrelated to the administration of the Waiver Program or the delivery of indigent care services under an Affiliation Agreement; ii. Constitute fair market value .for goods or services rendered or provided by the Governmental Entity to an Affiliated Hospital; or iii. Represent independent, bona fide transactions negotiated at arms-length and in the ordinary course of business between the Affiliated Hospital and the Governmental Entity; h. The Governmental Entity has not: i. Following the date this Certification was executed, assigned or agreed to assign a contractual or statutory obligation of the Governmental Entity to an Affiliated Hospital or any other entity acting on behalf of an Affiliated Hospital or group of Affiliated Hospitals, or ii. Authorized or consented to the assumption of a statutory or contractual obligation of the Governmental Entity by an Affiliated Hospital or any other entity acting on behalf of an Affiliated Hospital or group of Affiliated Hospitals. S. Evaluation. Health & Human Services Commission 11 15 Demonstration Waiver Program Goveromental Entity Certification for Hospital Payments Version 2012•1 (09105i2012) Vol. - ��____ f�c�. a. Consistent with its constitutional, statutory, and fiduciary obligations, the Governmental Entity may evaluate a private hospital's historical experience in providing indigent care in the community or performance under an Affiliation Agreement including the impact and amount of indigent care provided by the C� hospital, for the following purposes: i. To determine whether the Governmental Entity will enter into an Affiliation Agreement with a private hospital, ii. To determine whether and to what degree the Governmental Entity will supply an IGT, provided such decision does not include consideration of matters prohibited under paragraph 4 of this Certification; iii. To determine whether an Affiliated Hospital's participation benefited the community and whether its continued participation in the indigent care program is likely to continue to benefit the community; or iv. v. To provide accountability to local taxpayers; b, The Governmental Entity's evaluation under this paragraph 5 may: i. Be documented in a manner sufficient to confirm achievement of the Governmental Entity's mission and provide an appropriate and constitutional basis on which to transfer the Public FunrIs to HHSC; and ii. Not include consideration of matters prohibited under paragraph 4 of this Certification ; On behalf of the Governmental Entity, I hereby certify that I have read and understood the above statements; that the statements are true, correct, and complete; and that I am authorized to bind the Goverrung-ptal Entity and to certify to the above, Signature Date Duane Peters, County Judge Name and Title 6 Health & Hu awn Services Cornrnission H 15 Demonstration Waiver Program Goverruncntal Entity Certification for Hospital Payrnenvi Version 2012-1 (09;'05120 12) VC1. SERVICE CONTRACT BETWEEN Brazos County Office of the Sheriff and VOICE PRODUCTS SERVICE, LLC Regarding the maintenance Of Equipment installed at: Brazos County Office of the Sheriff 1700 Highway 21 West Bryan, TX 77803 VOICE PRODUCTS SERVICE, LLC 8556 East 32n Street North Wichita, KS 67226 (316) 616-1111 FAX (316) 263-1823 Vol. Pq- Vol. SERVICE CONTRACT_ This contract Is between VOICE PRODUCTS SERVICE, LLC , 8555 East 32 Street North, Wichita, KS 67226, hereinafter referred to as VOICE PRODUCTS, which shall Include the authorized presentatives of VOICE PRODUCTS and Brazos County Office of the Sheriff, hereinafter referred to re re the Customer. This Contract covers the Equipment described in proposal number P101670 and is attached to and is a part of this contract. WHEREBY IT 1S AGREED AS FOLLOWS: Conditi of Equipment at Commencement of Contract: VOICE PRODUCTS represents and warrants that the Equipment operates withithe � n skilled in specification and has been comprehensively Inspected by a qualified engineer, the performance of the specific services invoiced, and delegated by the manufacturer. Furthermore, any coverage or rights of the Customer under any other warranties shall remain in effect, and shall not be mitigated by virtue of this Contract. GENERAL INFORMATION Normal Service Hours Normal on -site service hours are 8:00 AM to 5:00 PM, local time of the Install te Location, Monday rs o� de y of the Normal Service Hours. VOICE PR ODUCTS normal oTflce hours Service Hours are hours are 8:00 AM to 5:00 PM central time. comp—my H! • New Year's Day • Easter Sunday • Memorial Day • Independence Day • Labor Day • Thanksgiving Day • Day after Thanksgiving • Christmas Day In the event that a holiday falls on a weekend, VOICE PRODUCTS reserves the right to designate a weekday as a holiday for employees. How to Report a Problem: Customer will report technical problems with Equipment or software to the VOICE PRODUCTS Help Desk Trouble tickets may be opened via telephone contact by dialing Sup (soo) 466-1port Engineer w 152 or (3 1 be paged. If yo your preference calling is for VOICE PRODUCTS to wait until Product Sup Revision Date August 25, 2011. Page 2 of 14 We kindly ask that you do not attempt to contact a Product Support Engineer directly. Customer's Designated Contact should be prepared with the following information when reporting a problem: 1. Serial number of Equipment with problem being reported (if applicable) 2. Steps Customer has taken to troubleshoot and attempt to resolve before contacting VOICE PRODUCTS 3. Specific error message being received. (if applicable) 4. Specific agents not being recorded, with agent IDS, extensions, channels (if applicable) 5. Instructions on what to do if reboot is required (e.g., authorized to reboot or Product Support Engineer must get authorization before rebooting) 6. if calling about an existing ticket, provide the ticket number. The Product Support Engineer will triage the initial symptoms reported. If necessary, the engineer will remote into the Customers system to conduct remote diagnostics as well as continue to try and resolve the problem over the telephone. If an issue appears to be product software related, a ticket with the manufacturer may be opened. The Technical Services Manager will determine if an on -site visit is required by a Product Support Engineer to resolve the problem. The Customer will designate at that time the Customer Contact from whom the Product Support Engineer will take direction and who will be the primary communication link while on -site. When on -site, the Product Support Engineer will communicate directly with the Customer Contact regarding arrival to and departure from premises, work requirements in sensitive locations, and needed Customer assistance. Before departure the Product Support Engineer will request signature on a service statement, which reports to the Customer Contact the work that has been done and describes any outstanding issues. Severity Levels and Escalation Path Seventy Level 1— "CRITICAL FAILURE' Any failure of covered items which results in loss of substantial number of recording channels, affected users, or data (audio, screens or both), or if allowed to persist will result in such loss. The loss has been shown to be caused by a defect in covered items. (e.g. Hard drive down, unable to record on one or more systems), and NOT defects in 3 °tl party products or within the Customer environment. Revision Date August 25, 2011. rage o vi i-t Vol. business day to address the Issue, please indicate so in your voice message. Customer may also report problems by email to suRpod@voiceomducts.com A Response Time Six (6) hours or less or Product Support Engineer on first available flight to site once the need for on -site support has been determine of Service Reasonable effort until the problem is resolved or a work around is provided. The resolution process is ongoing until the problem is solved. Critical failu are typically resolved within 24 hours. S everity Level 2 - LIMITED FUNCTIONALR — The majority of the users at a Customer's site are affected, but the problem does not affect the system functionality. The problem has a high visibility and although there may be a work around, performance may be degraded or functions limited. Problem may be due to a non - critical part failure or software malfunction. Level 2 problems frequently require manufacturer involvement, and occasionally require manufacturer'R&D —level involvement, which may take longer to resolve. (e.g., evaluation form is unavailable, reporting is unavailable). )NSE CATEGORY NORMAL RESPVNSt i [ Mr-b k Response Time Two (2) hours after receipt of call from Customer's authorized re resentative. Response Time These problems are typically corrected via remote access to the system. If not able to resolve remotely within 72 hours, and If final diagnosis of problem reveals a need for on -site personnel, an on -site visit will be scheduled. Service pro vided b The resolution process s i o going until the problems is Severity Level 3 — ' WORK IMPEDING OR IN CONVENIENT" — A single user or small percentage of users are affected, or the problem has limited visibility. SPONSE CATEGORY Back Response Time Revision Date August 25, 2011. _ RESPONSE TIMES of call from Customer's resolution proce is ongoing until the problem is Page 4 of 14 Vol. RESPONSE CATEGORY I NORMAL RESPONSE TIMES Call Back Response Time Sixty (6o) minutes after receipt of call from Customer's authorized Severity Level 4 — "SYSTEM INQUIRY" — Request for information, request for service work unrelated to a break-fix situation, request for technical correction when not service impacting (e.g., end user k fi applications assistance, audio tape recovery). RESPONSE CATEGORY NORMAL RESPONSE TIMES Call Back Response Time Within 48 hours after receipt of call from Customer's authorized re resentative. On -Site Response Time T icall resolved via remote system access Level of Service The resolution rocess is on of until the roblem is solved. Escalation Contact Table NAME Donna Dill TITLE Technical Services . EMAIL AUUMM00 ddill(Dvoiceproducts.com V , ,,,� -� �...�..�_. . (316 )616 -1111 x 214 Director/ Dictation Technical Services dessary voiceproducts.com (316 }616 -1111 x 222 David Essary Director/ Voice rt Peters L in Vice- President sgetsrsCU— NoIcegroducts. -1111 x 211 [: !Dean Tullis President dtullis(c voiceproducts.com (316 )616 -1111 x 212 Revision Date August 25, 2011. Page 5 of 14 Vol. _ _� e'g What Level of Service does my Service Plan Provide? Annual support coverage will be in accordance with the service Plan purchased. • Remote Diagnostics (24 hours/7 days a week including holidays) • On -site Hardware Support - Parts and Labor (24R excluding holidays) • On-site Software Support - Labor (24/7 excluding holidays) • One Annual "Refresher' Training Session (on -site travel costs billable) • Travel Expenses included for support visits. • Remote Diagnostics (Monday-Friday 8-5 local, excluding holidays) • On -site Hardware Support - Parts and Labor (Monday - Friday 8 -5 local time, excluding holidays) • On -site Software Support - Labor (Monday -Friday 8 -5 local time, excluding holidays) • Travel Expenses included for support visits. (Monday - Friday 8 -5 local time, excluding holidays) - - .. - - - -- ^-- -- " — o^au.. ctinnnrr at hnuriv ra • Remote Diagnostics (Monday - Friday 8-5 local, excluding holidays) • On -site Hardware Support at hourly rates; Customer pays for parts. • On -site Software Support at hourly rates. • Customer pays travel expenses. . - . . - - -_- - 1.:11-4 • lnSl7i� li1w1� a uan,n� - - - -- -- 1. Routine Ysits VOICE PRODUCTS will make routine visits as specified in this SERVICE CONTRACT to examine, test and adjust the Equipment, and to maintain the Equipment in good working order in accordance with this Contract. 2. Repair and Replacements As may be necessary, VOICE PRODUCTS will repair or replace all defective components, except tape reels and tape. Such repair or replacement shall be additional part of charge y person Customer except If caused by accident or negligence or improper use o an other than the staff of VOICE PRODUCTS or if caused by unsuitable electricity supply. All defective component parts s a ed shall become VOICE PRODUCTS property. All repair parts shall be new or warranted 3, Liabl Revision Date August 25, 2011. Page 6 of 14 Except as herein expressly stated, VOICE PRODUCTS shall or failure lure le the Egwpment, loss, damage, or Injury arising from any stoppage, save where caused by the negligence of or breach of this Contract by VOICE PRODUCTS or their failure to exercise reasonable skill and care in carrying out any work pertinent to this Contract, but VOICE PRODUCTS shall use its best endeavors to remedy any stoppage as promptly as it is able and likewise shall use its best endeavors to keep the Equipment in good working order. if, however, personal Injury or damage to property is caused by the negligence of VOICE PRODUCTS, t hen VOICE PRODUCTS shall accept liability. VOICE PRODUCTS work. ice work will be perfor by VOICE PRODUCTS, �actual service INC. IN . and its work. S e . S 4. User's Resaonsibilities A. Keel and opetfiedeS { Sqr a Sibiefor from VO within the U ICE PRODUCTS same service bon within personnel. B. Promptly notify VOICE PRODUCTS at the above address of any change in location of the Equipment. C. Make all payments due hereunder to VOICE PRODUCTS at the address above stated within 30 days of the date on which such payments are expressed to be payable hereunder. D. Promptly notify VOICE PRODUCTS of faults, service issues or defects in the Equipment. E. Provide an adequate and suitable electricity supply in accordance with advice given by VOICE PRODUCTS to the Customer in the sales proposal. F. Do such minor ormaintenance n provided wit the required or normal dayto -day operation. Maintenance is specified m G. Use for the operation and permitted Customer servicing of the Equipment (as defined by VOICE PRODU OICE PRODUCTS or approved by the manufacturer approved by N. Provide VOICE PRODUCTS' service ur�pas�e of performing main reasonable access to the Install Location(s) and System I. Provide a safe working environment for VOICE PRODUCTS' service personnel. J. Provide VOICE PRODUCTS, at no charge, reasonable access to a{ � th of any machines, attachments and/or communications facilities which are necessary maintenance. ental conditions and perform any routine K. Maintain and control proper site environm maintenance procedures (such as cleaning of Audio Drives and air filters) as prescribed in manufacturer's operations manual pertaining to the Equipment. With the exception of the routine procedures or repair of the Syste m customer without priorllapprva perform, o VOICE se to be performed maintenance PRODUCTS. Revision Date August 25, 2011. Page 7 of 14 fo_ L. Make available the Install Location(s) at such time as may be requested by VOICE PRODUCTS and approved by the Customer for installation of any engineering change order. M. Provide remote access for VOICE PRODUCTS remote troubleshooting and help desk support. N. Perform system administration (e.g., performing moves, adds and changes, defining user status and system permissions, changing and labeling audio tapes); completed system administration training for on -site administrators is mandatory. O. Contact VOICE PRODUCTS prior to Installation of other third party software (such as anti- virus software) to confirm compatibility with the Customer's system. P. Contact VOICE PRODUCTS before making changes or modifications to System logins and passwords. Q. Contact VOICE PRODUCTS before making changes to systems that integrate with your System (e.g., switch upgrades, CTI servers, network or firewall changes) to determine if there are implications to your system. R. Ensure Customer's designated contact(s) Is (are) fully trained on proper administration, use and functionality of the system. S. Use best efforts to conduct problem triage before reporting problems to VOICE PRODUCTS. T. Provide regular and frequent communication to VOICE PRODUCTS to assure proper understanding of Customer issues and provide feedback to VOICE PRODUCTS with confirmation that an issue has been resolved. 5. VOICE PRODUCTS 1119 biliti VOICE PRODUCTS provides basic maintenance services in support of the software and Equipment for the term purchased. Basic maintenance services offered include: A. Maintaining a technical support center with a twenty -four hour help desk, seven (7) days a week, 365 days a year that allows Customer to seek assistance in the use of the Equipment and/or software and to report that the system has malfunctioned or is inoperative. B. Once the Customer has placed a service request, and prior to any on -site work, VOICE PRODUCTS will work with the Customer to remotely troubleshoot and resolve the issue with lv an authorized VOICE PRODUCTS VOICE D representative I provide on-site technical support. Revision Date August 25, 2011. Page 8 of 14 C. Using all responsible diligence to correct verifiable and reproducible errors to the software when reported to VOICE PRODUCTS in accordance with VOICE PRODUCTS' standard reporting procedures. Upon verifying that an error is present, VOICE PRODUCTS shall work along with the manufacturer in such a manner which is necessary toward correction of the error. D. Performing repairs and regular maintenance practices as are necessary to maintain the Equipment in good working condition. E. Furnishing parts and software changes inducting manufacturer software patches inc service packs are necessary to maintain the Equipment in good working condition; also including replacement of hardware components upon determination by VOICE PRODUCTS that hardware failure has occurred. Customer shall return the failed hardware component to VOICE PRODUCTS within fifteen (15) days of receipt of the replacement component or return the defective unit to a VOICE PRODUCTS Engineer who may be on -site. F. Dispatching service personnel on -site to the Install Location(s) when necessary as determined by VOICE PRODUCTS. If VOICE PRODUCTS dispatches its service personnel, Customer will be billed according to the Service Plan purchased. G. if Customer requests the performance of services that are outside of or in addition to the scope of services covered under the Standard Maintenance Policy or the Service Plan purchased, such services may be furnished by VOICE PRODUCTS on a time and materials basis at VOICE PRODUCTS' prevailing hourly rates, subject to availability of VOICE PRODUCTS' service personnel. H. Limited Warranty. VOICE PRODUCTS shall perform its support services in a professional manner in accordance with accepted industry practice. VOICE PRODUCTS' obligations to furnish repairs, parts and materials or correct any errors shall be limited to the maintenance terms of this Support Policy, and the service plan purchased and the manufacturer's limited warranty provided at the time of install. VOICE PRODUCTS' obligation to provide support services for the software shall be in accordance with the maintenance terms set forth in this SERVICE CONTRACT, such that the software will perform in substantial conformance with the manufacturer's published specifications as amended from time to time. The limited warranty set forth by the manufacturer at the time of purchase shall not be superseded by this SERVICE CONTRACT. 1. In the event Customer requests service for a technical issue that proves not to be caused by a defect in VOICE PRODUCTS Equipment, the Customer shall pay to VOICE PRODUCTS at its address stated above, the appropriate charges for labor and travel. 6. Duration This contract to the other. The terminated at dates are doccumented Ion prior Appendix notice by either party 1 • 7, sates and Chases A. The yearly charge described in Appendix 1, appended hereto, will become payable to Revision Date August 25, 2011. Page 9 of 14 B. In consideration of the Maintenance to be provided herein, Customer will pay VOiCE PRODUCTS or the contracting business partner its maintenance fees based on the Service Plan purchased. VOICE PRODUCTS reserves the right to change the maintenance fees and service plans upon the expiration of the then - current Maintenance support term, provided that no such change will be effective until thirty (30) days after VOICE PRODUCTS has given Customer notice of such change. C. Any and all additional time and material charges, hourly or per diem, other charges and/or reimbursable expenses required to be paid by Customer for additional services or services not covered under this Policy, shall be invoiced to Customer after such services were provided and reimbursable expenses were incurred by VOICE PRODUCTS. Customer shall pay the invoiced amount within thirty (30) days from the date of such invoice. D. If, at Customer's request, maintenance is performed during extended services hours not covered by the purchased service plan, then Customer shall pay an additional charge, at VOICE PRODUCTS' then current hourly rate, plus reasonable travel expenses incurred by VOICE PRODUCTS. A minimum of one (1) hour will be invoiced if on -site services are requested during extended service hours. Maintenance performed during extended service hours at other than Customer's request will be billed according to service plan purchased. E. Maintenance for Additional Equipm Additional Equipment and software acquired by Customer from VOICE PRODUCTS during the tern of this policy will be automatically added to list of covered hardware and software following the installation of Equipment and/or software. Allowing for a 90 -day warranty period on new Equipment and software, VOICE PRODUCTS will issue an invoice on a coterminous basis for the prorated maintenance support fee. F. M anufacturer Hardware/Software Obsoles cence: In the event that any of the installed hardware or software components are no long manufactured by or supported by the manufacturer, VOICE PRODUCTS will attempt to continue to maintain the Equipment. If a repair Is not possible, VOICE PRODUCTS will compute the remaining amount of the annual Maintenance Support purchased which covers the Equipment, software or part in question and to apply said amount as a discount toward the purchase of a new service contract. g. �a on of Charnes A. If the Equipment is added to or altered, then VOICE PRODUCTS may make appropriate variations in the charges payable under Clause 7 above. Any such variations shall be subject to Customer's approval, which shall not be unreasonably withheld. Revision Date August 25, 2011. Page 10 of 14 VOICE PRODUCTS at its address stated above on the first day of each contract year (as defined in Clause 7 above). 9. Alterations A. The Customer shall not, in any circumstances, alter or add to the Equipment without VOICE PRODUCTS consent (which shall not be unreasonably withheld). B. At the Customer's request, VOICE PRODUCTS will, so far i charg f o� alter, or add to the Equipment. VOICE PRODUCTS may make a ppropriate r9 services as approved by the user. 10. Defaults en as defined in Clause 5c, or if either party shall be in If the Customer shall fail to make payment continual or material breach of its obligations hereunder, the other party may forthwith. by written notice, terminate this Contract without prejudice to pre- existing rights. 11. Force Maieure Neither party hereto shall be under any liability for failure or delay in performing rt their respective obligations h party hereunder acting ably attributable d g its causes bes t fforts, based on good faith, to pe orm control, each party such obligations. 12. confidentiality VOICE PRODUCTS shall not disclose any information about the Customer, its business, o r s customers to any third Party without the prior consent of the Customer. For the purpos clause, customer shall include any partner of or body associated with the Customer, and/or any affiliate or subsidiary of the user. The foregoing obligation of confidentiality shall survive any termination of this Contract. 13. Excluded From C00 Maintenance to be provided under the Standard Maintenance Policy does not include services for repair of damage, replacement of parts, correction of errors or defects, or increase of service time attributable to the following reasons: Revision Date August 25, 2011. Page 11 of 14 B. Should it become necessary, VOICE PRODUCTS may review any charge payable unaer this contract. if VOICE PRODUCTS considers it necessary to revise any such charges, it shall, at least three months prior to the and of the current invoicing year, submit a written proposal detailing the revised charges. If the Customer shall consider the revised charges to be unreasonable, the Customer shall have the right to terminate this Contract in accordance with Clause 7 above. A. Any problems resulting from the misuse, improper use, abuse, alteration, or damage or me System. B. Any problems caused by modifications in any versions of the software not made or authorized In writing (in advance) by VOICE PRODUCTS or the manufacturer. C. Any problems resulting from the combination of the System with such other programming, Equipment or materials not supplied by VOICE PRODUCTS or to the extent such combination has not been approved in writing by VOICE PRODUCTS or the manufacturer. D. Any problems resulting from the Customer or operation of the system for purposes for which it was not designed. E. Problems resulting from unusual physical or electrical stress (such as power, UPS or air conditioning failure), accident, neglect or acts of nature, and any other similar causes beyond VOICE PRODUCTS' control. F. Electrical work external to and not connected with any covered Products. G. Moves, adds and changes requested by Customer, these functions should be performed by the Customer's System Administrator, completed system administration training for the on- site administrator is mandatory. H. Requests for additional training (unless provided in Service Plan purchased by Customer.] I. Software version upgrades which provide substantially modified functionality to the original Installed system such that it is considered by the manufacturer to be a new product or new version release; such product or new version release upgrades may be subject to an additional charge, based on the products purchased. J. Relocation of Equipment. Upon request of Customer, VOICE PRODUCTS will provide a price quotation for relocating the Equipment to a new site. In the event Equipment is moved or relocated by other than VOICE PRODUCTS personnel, VOICE PRODUCTS shall have the right to evaluate the Equipment and its new site and environmental conditions as a condition for continuing maintenance on the Equipment and to bill Customer at its then prevailing rates for such inspection and any labor, material and adjustments which, in VOICE PRODUCTS' opinion, are necessary to restore the Equipment to good operating. K. Requirements for VOICE PRODUCTS to go on -site to resolve an issue because remote access was not provided customer. Customer will be charged time and material rates or mould have been completed � work in addition to the annual maintenance fee. Revision Date August 25, 2011. Page 12 of 14 Vol. /� _ I g.7-0� - APPENDIX 1 Level of Service Purchased: Duration Month Da Year to ESEe MoMh �D�q�Ye7�air�] October 1 2012 Revision Date August 25, 2011. Page 13 of 14 Vol.. /� pg. t Platinum Gold X Silver (as defined in Generai Information) nature u ,a Y ,� T el rs Print Name Coi nFa 7�d�e. rna -- Date Receipt of payment by VOICE PRODUCTS from the Customer constitutes acceptance of terms of the service contract by the Customer. VOICE PRODUCTS SERVICE, LLC 8555 East 32 "d Street North Wichita, KS 67226 (316) 616 -1111 FAX (316) -263 -1823 Revision Date August 25, 2011. Page 14 of 14 sar ScurCC.. M ecotd(e WORD SYSTEMS. INC kwbmpoft .chi .- Barretto Technology Center Word Systems, Inc. 9225 Harrison Park Ct. Indianapolis, IN 46216 October 21, 2010 To Whom It May Concern: Voice Products, Inc. is the exclusive sole source of iRecord Audio and Video Interview Software and Hardware Products in the state of Texas. Voice Products, Inc. is solely responsible for distributing; installing, supporting and maktait the iRecord system. Word Systems, Inc. is the master distributor of it ecord and has partrwred up with 22 resellers in the US and Canada that are authorized to distribute iRecord products in their territory. Territories are exclusive and are limited to the states within the resellees contract. As defined in our contract, if the reseller provides iRecord products or services outside of their territory they will be in violation of their contract. Tine system ,proposal includes the necessary software and capture cards that ere only available from Word Systems, Inc authorized reseller, Voice Products, Inc.. All service work including software upgrades and system Cxparisim must be completed by authorized Word Systems, Inc Technicians and or by an authorized reseller. Voice Products, Inc. will be the pai j► company providing support and maintenance for any and all Mecord systems in the state of Texas. Should you need fiuther clarification of the statements above, please contact me at 800.425.7637. Sinmely, Ryan Vogt Record Director of Sales and Marketing Word Systems, Inc. Vol. I To Whom It May Concern: Re: Spacesaver Corporation Representation Oklahoma and southern Kansas. &1C sakcCe Lzffej area, as well as In all of Southwest Solutions Group, Inc. has been our area contractor in Texas for over ten years and we are pleased to have this firm assume the representation of Spacesaver In Oklahoma and southern Kansas as well. Their staff Is available locally to address your product and service needs. Southwest Solutions Group is the only certified and authorized distributor for sates applications, installation, servke and warranty of Spacesaver products and services in the area. If you have any questions regarding this letter, please contact elther Ray Straight or myself. Best regards, Paul S. Olsen President Spacesaver Corporation 920 - 563 -0700 isen spacesaver.com oc: Ray Strelght, Southwest Solutions Group, Inc., 972 -250 -1970, aL4ghtpso ffwpstsoluttons.com PSO:roc 1450 Janesville Avenue, Fort Atkinson, Wisconsin 53538 -2798 Tel 920 - 563 -6362 Fax 920- 563 -2702 www.spacessvorcom 7l i SOUTHWESTS0LU.T ION SGROUP business organization systems Ms. Helen Cook BRAZOS COUNTY SHERIFFS OFFICE 1700 Highway 21 West Bryan, TX 77803 Re: Spacesaver System Dear Helen SOUTHWEST SOLUTIONS GROUP SCHEDULED MAINTENANCE & SERVICE PROGRAM for your SPACESAVER SYSTEM Services to be performed by SSG authorized factory - trained personnel. Inspection & Testing of: Electric Systems Mechanical Assist Systems / Manual Systems * Safety Features * Electrical Wiring & Switches * Mechanical & Logical Controls * Anti -Tip Devices * Carriage Limit Switches * Floor & Overall Operation * Ease of Movement * Anti -Roll Locking Pin * Turn- Handle Assembly * Tension of chain on turn handle drive * Mechanical Safety Features & Controls * Shelving Anchors * Ease of Movement * Loose Hardware & Fasteners Lubrication & Adjustment of: (All Systems) • All Moving Parts, Chains & Rails • Limit Switches General Maintenance & Cleaning of: * Floor & Tracks * Face Panels & Controls Inspection Report * Communication of inspection findings to the customer Scheduled Maintenance services will be performed on a scheduled basis of 1 per year. Covers all service calls thru out the effective dates of agreement. Vol. 8 t' �� PROPOSAL PAGE (Page 2 of 4) Submitted to: Name BRAZOS COUNTY SHERIFFS OFFICE Contact Helen Cook Address 1700 Highway 21 West City, State, Zip Bryan, TX 77803 Department: Evidence Email: hcook@co.brazos.tx.us Phone #: [1] 979 - 361 -4992 Fax: [1] 979- 361 -4999 We propose to furnish the materials and perform the labor necessary for the completion of the Scheduled Maintenance & Service Program on System(s): Model: Powered S Carr. 432 -7 -6668 ack 370182 Location: Evidence Agreement #307 Platinum (Scheduled Maintenance and Labor Program} • Two Scheduled service inspection per year • Covers 100% of charges for repairs. • Additional investment required for repairs performed outside of normal business hours. Annual Investment to insure the safety of your equipment: $1,338.46 To schedule service please call Paul Stanko at 800 - 803 -1083 ext 9778 or via email PStanko @southwestsolutions com. You can also request service from our website, www southwestsolutions.com by clicking on the "request service" link at the top of the page. Other Notes (Page 3 of 4) 1) Scheduled Maintenance, service and repair calls are only provided during normal work hours, Monday thru Friday, 8 a.m. to 5 p.m. This excludes Saturday, Sunday, and company holidays. Southwest Solutions Group may agree upon optional abnormal hours and days with additional costs. 2) NOTE: Program does not cover repair caused by act of God, vandalism or misuse. 3) Replacement Parts: Southwest Solutions Group does not assume the responsibility for delays or failure to furnish parts or service when the inability to furnish same is caused by acts of God or government, labor difficulties, failure of transportation, misuse of equipment, or operational errors and causes beyond the control of Southwest Solutions Group. Components of the equipment or system purchased from or installed by others than Southwest Solutions Group will be excluded from this agreement. 4) Note: Invoice will follow with the terms Due upon Receipt, or BRAZOS COUNTY SHERIFFS OFFICE can provide a VISA, Master Card or American Express #, expiration date, and full name on card for payment. • It is suggested that to maintain your system, you perform certain routine periodic housekeeping duties outlined at the time of installation of the System. • The customer is responsible for foreign matter and debris that falls into areas that may hinder or damage and result in equipment failure. • The customer agrees to give reasonable notice to Southwest Solutions Group for normal hours servicing. • If equipment, under the Agreement, is moved, transported or tampered without Southwest Solutions Group's supervision, this Agreement will become null and void without refund. ACCEPTANCE PAGE FOR SPACESAVER SERVICE AGREEMENT (page 4 of 4) BRAZOS COUN77 SHERIFFS OFFICE 432 -7 -6668 Evidence PMA #307 Program effective dates: 10/1/2012 thru /2013 Annual Scheduled Maintenance & Labor Program L1338.46 No scheduled PM * Covers 100% of all charges for service calls When accepted please authorize below and return a copy to Southwest Solutions Group via fax (888t980-8177 to n of KIM WINDHAM, retain original for your records. Accepted by Date: `7 '- °� — 1 a� Title: C 01,1-Y>h Bill To Address: 20 S t�U LC�1 Attention: Accounts Payable Purchase Order # if appropriate: City, State, Zip: RD, B oX q 1 -' 4 gf u ` FX - 1180(n If paying by VISA, Master Card or American Express: C/C #- Expiration Date: Full Name On Card: Southwest Solutions Group would like to thank you for the opportunity to serve you and our team looks forward to serving you in other areas, please visit our website at www,southwestsolutions.com for more products & services.. Sincerely, Kim Windham 972 - 331 -8880 or 888 - 241 -7494 direct 972 - 250 -2229 or 888- 980 -8177 fax kwindham@southwestsoIufions.com Ddu oklatwma cw Houson Am& san Aolonlo 4355 Excel Pkwy 7718 K Robinson Ave 6105 Bftw m Rd 600 Round Rods W. Dr. 5123 N. Loop 1604 W., SID 300 Sub A21 Hauabn, TX 77041 Sie 604 Sub 100 Ad*M TX 75001 Oidahoma W oK 73116 ( 713) 467-4454 Austin, TX 78681 San Antanio, TX 78249 ( 972) 250- 1970 (405) 8793446 (713) 4674484 fax (512) 3364328 (210) 556.6966 (972) 250.2229 fax (405) 879.3770 fax (512) 336 -1358 fax (210) 691 -2238 fax ! THE STATE OF TEXAS § COUNTY OF BRAZOS § AGREEMENT BETWEEN BRAZOS COUNTY, TEXAS AND THE BRYAN /COLLEGE STATION CHAMBER OF COMMERCE, INC. THIS AGREEMENT ( "Agreement ") is made and entered into the day of SU'f4m$41L , 2012, by and between BRAZOS COUNTY, TEXAS, a body corporate and politic under the laws of the State of Texas, (hereinafter referred to as "County "), and the BRYAN /COLLEGE STATION CHAMBER OF COMMERCE, INC., a Texas non - profit corporation (hereinafter referred to as "Chamber"). RECITALS: WHEREAS, the Commissioners Court of Brazos County desires to stimulate, encourage, and develop business location and commercial activity within the County; and, WHEREAS the County wishes to contract with Chamber as its agent pursuant to TEX. Loc. GOVT CODE ANN. §381.004 to stimulate, encourage, and develop business location and commercial activity in Brazos County; and, WHEREAS, the County desires to diversify its economy, increase and broaden its tax base, provide more and better employment opportunities for its citizens and promote the general public welfare; and, WHEREAS, it is important to the County to attract and expand retail business, in order to accomplish this purpose; and, WHEREAS, Chamber is an agency with specific expertise in the field of economic development and the attraction and expansion of retail business; and, WHEREAS, the County has determined that this Agreement is for the personal or professional services and therefore exempt from competitive bidding under Chapter 262, Local Government Code. THEREFORE, in consideration of the mutual understandings and agreements set forth, the County and Chamber agree as follows: C: \Users \ckg2180 \Desktop \Candy's Documents \Agreem & Leases & Orders \2013 Contracts approved by legal \2013 Chamber.doc Page 1 i ARTICLE 1 Qualifications of the Chamber 1.1 The Chamber represents that it is a non - profit entity that is authorized and experienced in the administration and furtherance of programs that stimulate, encourage, and develop business location and commercial activity in Brazos County. ARTICLE II Term 2.1 The term of this Agreement is for one (1) year, being effective as of October 1, 2012, and ending on September 30, 2013, (the "Present Term "), unless earlier terminated as provided herein. 2.2 Either party may terminate this Agreement on thirty (30) days prior written notice to the others. 3.3 Upon receipt of any termination, the County agrees to continue funding a program project that had been previously approved by the County. ARTICLE III Administration Services 3.1 Chamber agrees to provide all administrative services necessary to administer the program standards set forth herein. 3.2 Pursuant to the authority granted in Chapter 381 of the Texas Local Government Code, administrative services are to be provided by Chamber and include but are not limited to: a. Developing program projects by corresponding with and negotiating with existing Business /Employers that will develop, diversify and /or expand the Brazos County economy, develop or expand transportation or commerce in the State, and /or serve the purpose of eliminating unemployment in Brazos County. One specific project shall include the design and performance of a Brazos County specific survey using criteria submitted by County; b. Establishing project performance standards for each program project that are consistent with the County's goals for economic development; C. Creating an exclusive title sponsorship of the annual Chamber Day event normally held in the Spring each year. The event would be promoted as Bryan /College Station Chamber Day, sponsored by Brazos County. Brazos County will provide an unlimited number of participants on the day of the event. C: \Users \ckg2180 \Desktop \Candy's Documents \Agreem & Leases & Orders \2013 Contracts approved by legal \2013 Chamber.doc Page 2 f v � a Pre - publicity of the event in the media shall recognize Brazos County as the sponsor of the event. A representative of Brazos County shall be provided an opportunity to make remarks at the event kick -off in the morning and at noon. If desired, Brazos County shall provide members on the event committee. d. Perform a survey of business owners and managers to determine the state of the Brazos County economy. Survey results shall be presented to Brazos County during a scheduled Commissioners Court meeting. e. Brazos County shall appoint a member of the Commissioners Court to attend and participate in briefings and presentations of various topics effecting the state of the Brazos County economy. f. Brazos County shall be invited to send one representative, at no charge, on the Chamber's annual legislative trip to Washington, D.C. to promote the issues impacting our community including economic development issues. g. Brazos County shall be invited to send one representative, at no charge, to the Chamber's bi- annual legislative trip to Austin, Texas to promote the issues impacting our community including economic development issues. h. Provide the County a booth, at no cost, for the 2013 Job Fair. 3.3 The Chamber shall receive the sum of Ten Thousand and No /100 Dollars ($10,000.00) as compensation for the administrative services to be provided hereunder (herein the "Administration Funds "). Five Thousand Dollars ($5,000.00) shall be payable to Chamber upon the execution of this Agreement and the remaining Five Thousand Dollars ($5,000.00) shall be payable on or before September 30, 2012. 3.4 The County shall make Brazos County facilities available to the Chamber, at published price, for Chamber sponsored events. ARTICLE IV Accounting 4.1 The Chamber shall provide, no later than February 1, 2013, an audited financial accounting or an internal audit financial report of the Chamber. C: \Users \ckg2180 \Desktop \Candy's Documents \Agreem & Leases & Orders \2013 Contracts approved by legal \2013 Chamber.doc k Page 3 ARTICLE V Miscellaneous Terms 5.1 Notice. Notices or correspondence under this Agreement to either party from the other may be personally delivered or sent by First Class Mail, or other reliable courier. Notice to the County shall be sent to: Duane Peters, County Judge Brazos County Courthouse 200 So. Texas Ave., Suite 332 Bryan, Texas 77803 Notice to the Chamber shall be sent to: Royce H. Hickman, President and CEO Bryan /College Station Chamber of Commerce 4001 East 29` Street, Suite 175 P.O. Box 3579 Bryan, Texas 77805 5.2 Severability. No partial invalidity of this Agreement shall affect the remainder unless the public purpose to be served hereby is so greatly diminished thereby as to frustrate the object of this Agreement. 5.3 Amendment. During the term of this Agreement, if certain areas need further clarification or revision, the parties will work in good faith to arrive at written memorandums or understandings regarding those areas. Any amendment of this Agreement must be in writing, and executed by a duly authorized representative of each party. 5.4 Assignment. This Agreement cannot be assigned or performed by subcontractors except with the written consent of both parties. 5.5 Not Joint Venture: Independent Contractor. The parties agree that this is not a joint venture, partnership or employee - employer relationship and that neither party shall have the authority to bind or incur liability to the other without the other's prior written permission. Furthermore, the Chamber shall be considered an independent contractor agent for the sole and limited purpose only of administering this agreement. 5.6 Applicability of Texas Law. The laws of the State of Texas shall govern this Agreement, except where clearly superseded by federal law. C: \Users \ckg2180 \Desktop \Candy's Documents \Agreem & Leases & Orders \2013 Contracts approved by legal \2013 Chamber.doc Page 4 t f e 5.7 Venue. The place of performance of this Agreement is Brazos County, Texas, and all consideration payable hereunder and things to be done pursuant hereto shall be deemed to be payable and performable in Brazos County, Texas. Venue of any dispute arising out of this Agreement or performance hereunder shall be fixed for all purposes in Brazos County, Texas. 5.8 Entire Agreement and Binding Authority. This Agreement supersedes and constitutes a merger of all prior oral and /or written agreements and understandings of the parties on the subject matter of this Agreement and is binding on the parties and their successors, agents and assigns. 5.9 Waiver. No waiver by either party of any provision of this Agreement shall be effective unless in writing, and such waiver shall not be construed as or implied to be a subsequent waiver of that provision or any other provision. The signatories hereto have the authority and have been given any approvals necessary to bind by this Agreement the respective parties for which they sign. BRAZOS COUNTY, TEXAS 1 � ) By: Duane Peters, Coun y Judge BRYAN /COLLEGE STATION CHAMBER OF COMMERCE, INC., a Texas non- profit corporation Royce R Hickman, President & CEO Attest: By: d4 / CAV% ar McQueen, �o �y Cl�f C: \Users \ckg2180 \Desktop \Candy's Documents \Agreem & Leases & Orders \2013 Contracts approved by legal \2013 Chamber.doc Page 5 FUNDING AGREEMENT BETWEEN BRAZOS COUNTY AND MENTAL HEALTH MENTAL RETARDATION AUTHORITY OF BRAZOS VALLEY This Agreement for Funding ( "Agreement ") is by and between Brazos County, Texas (hereinafter "County ") and the Mental Health Mental Retardation Authority of Brazos Valley, (hereinafter "MHMR "), a Texas non - profit 501(c)(3) corporation for a period of 12 months beginning October 1, 2012 and ending September 30, 2013. RECITALS WHEREAS, MHMR is a public non - profit community center serving all residents of Brazos County with the administrative responsibility and authority to provide a continuum of mental health and mental retardation services and early childhood intervention services through available resources to eligible individuals residing in Brazos County; WHEREAS, to assist in accomplishing the above stated public purposes, MHMR coordinates activities of early childhood intervention and mental health and mental retardation coverage in Brazos County, Texas; and WHEREAS, the County desires to assist MHMR in their efforts to promote the public purpose of providing a comprehensive range of services in the local community for persons with mental illness or mental retardation or for families with children, birth to age three, with disabilities and developmental delays residing in Brazos County by contracting with MHMR for the period beginning October 1, 2012 and ending September 30, 2013, for the specific services listed below; NOW, THEREFORE, for and in consideration of the mental health, mental retardation, and early childhood intervention services to be provided to the County by MHMR, and in compliance with the terms of this Agreement and subject to other provisions of this Agreement, and all applicable laws, the parties agree as follows: AGREEMENT ELIGIBILITY CRITERIA: This Agreement contemplates services provided to: 1) Individuals who permanently reside within Brazos County; 2) Who have been determined through the MHMR screening process to be in need of mental health, mental retardation, or early childhood intervention services; and, 3) Who have been determined by MHMR in a fee assessment procedure to be unable to pay for the needed mental health, mental retardation, or early childhood intervention services. MHMR warrants that the eligibility determination (ability to pay or availability of any third party pay and residency eligibility) is the responsibility of MHMR and such determination shall be made by MHMR prior to, or at the time of the provision of services. MHMR Agreement Page I of S L�_ MHMR further warrants that Brazos County shall not be billed for and shall not provide reimbursement for any services provided by MHMR to non - residents of Brazos County or any insured individuals with coverage for such services. MHMR will maintain records of insured status for all hospital admissions. RESPONSIBILITIES OF BRAZOS COUNTY: 1) Pay to MHMR an (not to exceed) annual total reimbursement of $90,000.00 ( "Funds "), to be paid to MHMR as follows: a) $50,000.00 for the Early Childhood Intervention Program ( "ECI ") based on the local "maintenance of effort" which requires local dollars to match $1,690,329.00 in federal and state EC► dollars, and b) $24,000.00 for Rehabilitative Case Management which includes psychiatric crisis related services, which is part of the local match requirement, and c) $16,000.00 for administrative support services. 2) It is understood and agreed that the County Funds represented by the Agreement are for the period of October 1, 2012 through September 30, 2013 only, and will be paid wholly from funds available in that budget year and that no County funding for subsequent budget years is authorized or implied by this Agreement; RESPONSIBILITIES OF MHMR under this Agreement: 1) To provide for county-wide early childhood intervention services and mental health and mental retardation services to eligible residents of Brazos County as determined by appropriate assessment, intake, and eligibility screening; and 2) To provide the services according to the most recent MHMR Local Plan for the fiscal year covering this agreement and according to the most recent performance Agreement between MHMR and the Texas Department of State Health Services, including mental health services, mental retardation services, early childhood intervention services, contracted residential services, specialized therapies and psychiatric inpatient services; and 3) It is understood and agreed that all County funds paid to MHMR under this Agreement shall only be expended by MHMR for the purpose authorized under this Agreement and should any amounts be expended for any other purpose, they shall not qualify for payment or reimbursement; and 4) Reporting Requirements: Prepare and submit to the County a copy of the quarterly written and itemized accounting of expenditures, income and mental health and mental retardation services performed by MHMR pursuant to this Agreement in the same format as the quarterly report submitted to the Texas Department of State Health Services; MHMR Agreement Page 2 of 5 Prepare and submit to the County a copy of the monthly written and itemized accounting of expenditures, income and early childhood intervention services provided by MHMR pursuant to this Agreement in the same format as the monthly report submitted to the Texas Department of Assistive and Rehabilitative Services; Term and Termination This Agreement shall be effective from the period from October 1, 2012 to September 30, 2013 unless otherwise terminated prior to that time. Either of the parties shall have the right to terminate this Agreement in whole or in part at any time. Notice to terminate this Agreement will be given in writing at least thirty (30) days prior to the date of termination. The notice shall include the reason for such a termination, the effective date of the termination and, in the case of partial termination, the portion of the Agreement to be terminated. A party may also terminate its performance under this Agreement upon default by the other party. Default by the party shall occur if the party fails to perform or observe any of the terms and conditions of this Agreement required to be performed or observed by that party. Should such a default occur, the party against whom the default has occurred shall have the right to terminate all or part of its duties under this Agreement as of the thirtieth (30 day following the receipt by the defaulting party of a notice describing such default and intended termination, provided: (1) such termination shall be ineffective if within said thirty (30) day period the defaulting party cures the default or (ii) such termination may be stayed, at the sale option of the party against whom the default has occurred, pending cure of the default. MISCELLANEOUS PROVISIONS: Independent Contractor The relationship of MHMR to the County shall be that of an independent contractor. Parties in Interest This Agreement shall bind and benefit the County and MHMR and shall not bestow any rights upon third parties. Non - waiver Failure of either party hereto to insist on the strict performance of any of the Agreement herein or to exercise any rights or remedies occurring there under upon default or failure of performance shall not be considered a waiver of the right to insist on and to enforce by an appropriate remedy strict compliance with any other obligation hereunder or to exercise any right or remedy occurring as a result of any future default or failure o performance. Applicable Laws This Agreement is subject to and shall be construed in accordance with the laws of the State of Texas, the laws of the federal government of the United States of America and all rules and regulations of any regulatory body or officer having jurisdiction. This Agreement is performable in Brazos County, Texas. MHMR Agreement Page 3 of S i Vu. J Notices All notices required or permitted hereunder shall be in writing and addressed to the respective officer of the other party at the address described below or at such other address as the receiving party may have theretofore prescribed by notice to the sending party: County: MHMR: Brazos County Commissioners Court Bill Kelly, County Administration Building Executive Director 200 South Texas Avenue, Ste, 310 1504 S. Texas Avenue Bryan, Texas 77803 Bryan, Texas 77802 Audits 2. MHMR agrees that County, or its designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. MHMR agrees to maintain such records for possible audit for a minimum of three (3) years after the termination date of this Agreement, unless a longer period of records retention is stipulated. MHMR agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. MHMR 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 MHMR under prior Agreements. Brazos County Commissioners Court may, in its sole discretion, require that an independent financial audit be performed on the records of MHMR. If an independent financial audit is performed, a management letter will be prepared by the auditor as part of the process and a copy of said management letter shall be delivered to the Brazos County Commissioners Court. The management letter shall identify issues that might not otherwise require disclosure in the MHMR 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 MHMR. Annual financial statements (audited if available) are due to County within six (6) months of completion. Ambiguities In the event of any ambiguity in any of the terms of this Agreement, it shall not be construed for or against any party hereto on the basis that such party did or did not author the same. Entire Agreement This Agreement contains all the agreements of the parties relating to the subject matter hereof and is the full and final expression of the agreement between the parties. MHMR Agreement Page 4 of 5 Indemnification and Compliance with Laws MHMR shall defend, indemnify and hold harmless the County from any and all damages, costs, claims, expenses or liability arising out of or connected with any Accident, act, error, omission, representation or misrepresentation by the County or MHMR in performing the services or other acts to be performed under this Agreement. MHMR shall comply with all applicable governmental and professional requirements, regulations and /or standards in performance of services under this agreement. Signed this —cind_ day of , 2012. Mental Health Mental Retardation Authority of Brazos Valley By: --Ad Bill Kelly, Executive irector Brazos County By: Duane Peters, Brazos County Judge ATTEST: 6ox, - M f Karen McQueen Brazos County Clerk MHMR Agreement Page S of 5 Vol. FUNDING AGREEMENT BETWEEN BRAZOS COUNTY AND BRAZOS COUNTY SOIL & WATER CONSERVATION DISTRICT #450 THIS AGREEMENT FOR FUNDING ( "Agreement ") IS ENTERED INTO BY AND BETWEEN BRAZOS COUNTY, TEXAS, acting by and through its duly elected County Commissioners (hereinafter "County "), and the BRAZOS COUNTY SOIL & WATER CONSERVATION DISTRICT #450 (hereinafter "District "), located in Bryan, Texas, and is effective October 1, 2012. RECITALS WHEREAS, the District, and County do hereby enter into a contractual agreement for the District to provide soil and water conservation services to the residents of Brazos County and to the County proper. The District as the recipient, shall furnish to the County's Auditor, at a minimum, documentation indicating the use of funds received from the County. The County's Auditor may require the recipient to provide information necessary for the County Auditor to properly account for all funds expended or received by the District; and WHEREAS, those services will include, but not be limited to, erosion control, water management, and rural development ( "Services "). This will be carried out by planning and application through informal agreements with land users, or, as required by Federal or State law. An information and recognition program will be used to inform the public. Technical assistance is utilized through a Memo of Understanding between the District and the USDA - Natural Resources Conservation Service; and WHEREAS, erosion control will keep the land productive for its various uses for many generations. Sediment resulting from erosion clogs our local streams reducing water carrying capacity and resulting in local flooding. Excessive siltation ruins our local wetlands, and; therefore, reduces a dwindling wildlife habitat. Silt from erosion carries many pollutants directly into our local streams and rivers. Conservation practices consist of erosion control structures, erosion control ponds, gully shaping, diversions, vegetating old fields, proper management of grazing resources; and WHEREAS, water management includes recommendations for proper irrigation, flood control, and water quality. Irrigated crops account for 75% of all water used. Proper irrigation saves that resource for tomorrow's uses including domestic consumption. Proper irrigation helps to keep agriculture pollutants from entering underground water supplies. Conservation practices include total evaluation of irrigation systems and application procedures, precision land leveling, and underground pipelines. Water management includes floodplain management; and WHEREAS, the District's role in rural development in Brazos County is in providing fire protection utilizing dry hydrants. Insurance rates outside the city limits can be lowered a great deal, as well as provide a reliable source of water to fight rural fires. Farm ponds provide the water and we plan the dry hydrant system. The District is Brazos County Soil & Water Conservation District Agreement Page I of 4 Vol. /0" pg.__ � evaluating the use of artificial wetlands to replace septic tank filter fields. The prospects are very promising, but, much work remains to be done before this technology can be implemented. Water quality in rural Brazos County will be greatly enhanced if this method can be used. WHEREAS, the District and the County have interacted ever since the inception of the District in 1942. Many conservation problems affect not only the individual landowner but the County itself. NOW THEREFORE, the parties agree to the following terms and conditions. AGREEMENT PAYMENT AMOUNT FOR FY 2013 County hereby agrees to pay the District a total payment of $4,000.00 ( "Funds ") for the year beginning October 1, 2012 and ending September 30, 2013 for services provided to the County. Payment of such sum will be paid upon receipt of invoice. ACCOUNTING AND AUDIT The District agrees that Brazos County, or its designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. The District agrees to maintain such records for possible audit for a minimum of three (3) years after the termination date of this Agreement, unless a longer period of records retention is stipulated. The District agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. The District agrees that Brazos County, or its designated representative, shall further have the right to review and to copy any records and supporting documentation for prior years in which Brazos County provided funds to the District under prior Agreements. Brazos County Commissioners Court may, in its sole discretion, require that an independent financial audit be performed on the records of the District. If an independent financial audit is performed, a management letter will be prepared by the auditor as part of the process and a copy of said management letter shall be delivered to the Brazos County Commissioners Court. The management letter shall identify issues that might not otherwise require disclosure in the District 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 District. Brazos County Soil & Water Conservation District Agreement Page 2 of 4 Vol. A S Fig. f�'..Z Annual financial statements (audited if available) are due to Brazos County within six (6) months of completion. INDEMNITY The parties hereto agree to indemnify one another for and hold one another harmless from and against all suits, claims, demands, liabilities or actions resulting or alleged to result from the breach, violation or non - performance of the services stated herein and for any damage to any person resulting from any action or omission or negligence on the part of each party hereto. INSURANCE The parties hereto agree that the District shall be an independent contractor and not any employee or agent of the County and that each shall maintain at its own expense, adequate liability insurance to insure against damages and liabilities which may arise due to the duties and obligations funded herein. COUNTY INVOLVEMENT The County and District state that to the best of their knowledge, no officer, agent or employee of the County who exercises any function or responsibility in connection with the carrying out of this Agreement or the services to which it relates has personal interest direct or indirect, in this Agreement. GOVERNING LAW This Agreement shall be executed in and shall be governed by the laws of the State of Texas. NOTICES All notices required to be given hereunder shall be deemed to be duly given by delivering such notice or by mailing it, certified mail RRR to the other party at the following addresses: Brazos County SWCD 3833 South Texas Avenue, #112 Bryan, TX 77802 Brazos County Commissioners Court Brazos County Administration Building 200 So. Texas Ave. No. 310 Bryan, Texas 77803 Brazos County Soil & Water Conservation District Agreement Page 3 of 4 Vol._ /G �_ — -'g �3 FURTHER ASSURANCES Each party hereto agrees to perform any further acts and to execute and deliver any further documents which may be necessary to carry out the provisions of this Agreement. SEVERABILITY In the event that any of the provisions or portions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, the validity and enforceability of the remaining provisions or portions thereof shall not be affected thereby. 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. ASSIGNABILITY This Agreement is not assignable by the District without the prior written consent of the County. lD - -)a (DATE) Duane Peters, ounty Judge Brazos County, Texas >- i - abla (DATE) Preston J. Ru ino III airman Brazos County SWCD #450 ATTEST: 4 tAl'l -�- Karen McQueen, Brazos County Clerk J � Brazos County Soil & Water Conservation District Agreement Page 4 of 4 Vol. Pg., 957 AGREEMENT THIS AGREEMENT ( "Agreement') made this z 6 day of SrzL_ 1 QII3C 64 _2012 by and between the DISPUTE RESOLUTION CENTER - CENTRAL BRAZOS VALLEY, INC. hereafter referred to as "DRC" and the BRAZOS COUNTY COMMISSIONERS COURT, hereafter referred to as the "Commissioners Court," is made on the following terms and conditions: 1. This Agreement is for one (1) year and shall begin on the first day of October, 2012 and continue through the last day of September, 2013. 2. For and in consideration of the sum of $7,500 to be paid in one single payment of $7,500, the DRC agrees to perform the following services: • The DRC agrees to provide a maximum of four (4) separate mediation sessions to the Commissioners Court or designated department or offices of Brazos County during the term of this Agreement. A mediation session is defined as a session of not more than three (3) hours supervised by a trained mediator. In addition the DRC agrees to train (1) Brazos County employee in each regular or family law mediation training offered by the DRC, without cost to Brazos County or the employee. • For each mediation session scheduled under the terms of this Agreement, the DRC will provide a location to hold the mediation, preferably in its offices located at 3211 A South Texas Ave., Bryan, Texas, or at such other convenient location which might be available. For any such mediation session held away from the DRC offices, the DRC shall be reimbursed for any such costs or rental fees incurred in holding the mediation. The DRC may at its discretion, provide additional sessions without charge to Brazos County on a limited basis. Except as other wise stated, any additional sessions that may be required, will be compensated for by the Commissioners Court at the regular rate for scheduled mediations as adopted by the DRC. 3. The purpose of this Agreement is to make the services of the DRC available to the Commissioners Court and to the employees of Brazos County in such instances where the services may be of benefit to Brazos County, Texas, or its employees. 4. DRC agrees that County, or its designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. DRC agrees to maintain such records for possible audit for a minimum of three (3) years after the termination date of this Agreement, unless a longer period of records retention is stipulated. DRC agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. DRC 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 DRC under prior Agreements. Vol. - / Pg. Brazos County Commissioners Court may, in its sole discretion, require that an independent financial audit be performed on the records of DRC. If an independent financial audit is performed, a management letter will be prepared by the auditor as part of the process and a copy of said management letter shall be delivered to the Brazos County Commissioners Court. The management letter shall identify issues that might not otherwise require disclosure in the DRC 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 DRC. Annual financial statements (audited if available) are due to County within six (6) months of completion. 5. This Agreement is executed in and performed in Brazos County, Texas. 6. This Agreement is subject to the Public Information Act, TEX. GOV CODE ANN., Chapter 552. BRAZ S COUNTY DISPUTE RESOLUTION CENTER - CENTRAL BRAZOS VALLEY Duane Peters, Brazos *County Judge Name� m. TLL E'Kn -�r� Title: z� r45c v7 /c% �_ "f FUNDING AGREEMENT BETWEEN BRAZOS COUNTY AND BRAZOS COUNTY PRECINCT 3 VOLUNTEER FIRE DEPARTMENT, INC. THIS AGREEMENT for the Funding of Fire Protection Service of Precinct Three ( "Agreement ") is hereby effective October 1,, 2012, by and between the BRAZOS COUNTY PRECINCT THREE VOLUNTEER FIRE DEPARTMENT, INC. ( "Department°) and BRAZOS COUNTY, TEXAS, ( " County "), each acting by and through its duly authorized agents; RECITALS WHEREAS, the County_ is authorized to contract with an incorporated volunteer fire department to provide fire protection pursuant to Local Government Code §352.001; and WHEREAS, the County believes it is more cost effective to contract with a volunteer fire department than to purchase equipment and operate a County fire department; and WHEREAS, the Department is located within the County and shall provide fire protection to an area of the County that is located outside` the municipalities in the County; and WHEREAS, the Department has the personnel and equipment to provide such services and would benefit,by the payment of funds by the County. NOW, THEREFORE, the parties, in consideration of the mutual covenants and conditions contained herein, agree as follows: AGREEMENT SCOPE 1. Department shall provide fire protection services to any person who requests it within the confines of Precinct 3, as described on Exhibit "A." attached hereto and made -a part hereof for all purposes; provided however, if assistance is requested by other fire departments for Precinct 1, 2 and 4 it shall provide services in these areas, if possible.. A more detailed map of the various Fire Districts can be obtained at the, Brazos County Appraisal District at 1673 Briarcrest Drive, Suite A -101, Bryan, Texas 77802, and the parties agree to use the records maintained by that office if a question about the boundaries of the Precincts should arise. Precinct 3 Voiunteer Fire 'De ,:- 4j)-___. __ . _..___._._._ _.___ _._._ ..___-- ...._ -- Page ! of 4 2. All requests for services under this Agreement shall be made through the 9 -1- 1 Emergency Communications District, which dispatches fire protection units for the County. 3. Department will maintain fire fighting equipment and, certified personnel in compliance with Subchapter D of Chapter 419, Texas Government Code. The County is not responsible for damage to equipment or injury to any person, or for the actions' of the Department or their volunteers except as expressly provided by this Agreement. PAYMENTS 4. County shall pay Department the sure of $29,000.00 upon execution of this Agreement ( "Funds "). 5. The County shall make all payments to Department.for these services from current revenues. TERM AND TERMINATION 6. This. Agreement term shall be from October 1, 2012, and terminate. at 12:00 a.m. (C.S.T.) on September 30, 20.13. Either party shall have the right to terminate this Agreement, without cause, upon thirty (30) days written notice of such termination. Should the Agreement be terminated, the rights and obligations of the parties .hereunder. shall terminate, eiccept that the rights and obligations, of the parties that have accrued under this Agreement prior to the date of termination shall survive. In the event of a termination, the fee payable pursuant hereto shall be adjusted on a pro -rata basis and refunded within thirty (30) days of such termination. NOTICES 7. All notices issued between parties to this Agreement shall be in writing. All notices shall be deemed given on the date personally delivered, faxed, or deposited in the U.S.. Mail to the following parties: Department: Brazos County Precinct Three Volunteer Fire Department, Inc. P.O. Box 5453 Bryan, TX 77805 -6453 Attn: Gerald Burnett, Fire Chief County: Brazos County Commissioners Court 200 South Texas Ave., Suite 310 .Bryan, TX 77803 Precinct 3 Volunteer Fire Dept. Agree _ _ _ Page 2 of DEFENSE OF CLAIMS 8. Pursuant to Local Government Code §352.004, the act of a person who, in carrying out the County's authority to provide fire protection under this Agreement, furnishes fire protection to a County resident who lives outside the municipalities in the County, including the act of .a person who is a regular employee or fire fighter of a municipality, is considered to be the act of an agent of the County. 9. The County does not waive or relinquish any immunities or defense it has under law, on behalf of itself, its officers, employees, or agents as a result of its execution of this Agreement and the performance of the covenants herein. MISCELLANEOUS PROVISIONS 10. If any provision of the Agreement shall be held to be invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction, the validity and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The parties shall use their best efforts to replace the respective provisions or provisions of- this Agreement with legal terms and conditions approximating the original intent of the parties. 11. This Agreement is the entire Agreement between the Department and the County relating to the provision of fire protection services and supersedes any and all prior Agreements, arrangements, or understandings,. whether written or oral. 12. This Agreement is"for the benefit of the parties to the Agreement, and does not confer any rights on any parties._ 13. No amendment to this Agreement shall be effective and binding unless and until, it is reduced to writing and signed by the authorized representatives of all parties. 14. This Agreement has been made under and shall be governed by the laws of the State of Texas. This Agreement and all matters related thereto shall be performed 'in Brazos County, Texas. 15. Failure of any party at any time, to enforce a provision of this Agreement, shall not constitute .a waiver of that provision, nor in any way affect the validity of this Agreement or the right of any party thereafter to enforce each and every provision hereof. No term of this Agreement shall be deemed waived or breach excused unless the waiver shall be in writing and signed by the party(ies) claimed to have waived. Furthermore, any consent to or waiver of a breach will not constitute consent to or waiver of or excuse of any other, different or subsequent breach. Precinct 3 Volunteer Fire De� Agreement -- -- - - -- -- - Page 3 of 4 V o I 16. It is understood and agreed that this Agreement may be executed in a number of identical counterparts., each of which shall be deemed an original for all purposes. INFORMATION FURNISHED BY RECIPIENT 17. Department agrees that County, or its designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Department agrees to maintain such records for possible audit for a minimum of three (3) years after the termination date ' of this Agreement,. unless a longer period of records retention is stipulated. Department agrees to allow the auditor(s) access to such records during normal business hours -and to allow interviews of any employees who might reasonably have information related to such records. Department agrees that the County, or its designated representative, shall further have the right to review and to copy any records and supporting documentation for prior years in which Brazos County provided .funds to the Department under prior Agreements. Any audit will be conducted by County personnel or an independent third party, as determined by the .Brazos County Commissioners Court. If the Brazos. County Commissioners Court determines that the .audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the Department. If an independent financial audit is performed, a management letter will be prepared by the auditor as part of the process and a copy of said management letter .shall be delivered to the Brazos County Commissioners Court. The management letter shall identify issues that might not otherwise require disclosure in the Department annual. financial report, but which are of concern to or under the suggestion of the auditor. Annual financial statements (audited if .available) are due to County within six (6) months of completion. Annual financial statements (audited if available) are due to County within six (6) months of completion. Brazos County Precinct Three Volunteer Fire Department, Inc. By: l/ erald Burnett, Fire Chief Date: Oq fl sl �vl �. I T Brazos Co Texas Duane Peters, County Judge Date: 10 1 W i g, A Gtr_- -- n my Clerk Precinct 3 Volunteer Fire'Dept. Agee"` ( em�nt JUNCTION 505 BRAZOS COUNTY BRYAN, TEXAS SUPPLEMENT TO INDEPENDENT CONTRACTOR AGREEMENT WHEREAS, Brazos County, Texas, acting by and through its duly elected Commissioners Court (hereinafter "COUNTY ") and Junction Five -O -Five, a Texas non- profit corporation (hereinafter 'JUNCTION"), EXECUTED as Independent Contract Agreement dated the 17th day of November 1992 for the establishment and management of recycling centers in Brazos County, Texas (hereinafter the "Agreement "); and WHEREAS, the COUNTY agrees to maintain the pay to JUNCTION in the sum of two thousand five hundred thirty-five dollars and twelve cents ($2535.12) per month, per site for a total monthly sum of fifteen thousand two hundred ten dollars and seventy-two cents ($15,210.72) for services to be rendered by JUNCTION for each of the following sites described below and in the Agreement: Site 1 located on Kathy Fleming Road Site 2 located on FM 2038 Site 3 located on State Highway 30 Site 4 located on Raymond Stotzer Pkwy (FM 60) Site 5 located on Mumford Road Site 6 located on Silver Hill Road In as other respects the terms and conditions of the Agreement remain unaltered and the parties hereto confirm, ratify and reaffirm the terms and conditions of said Agreement. NOW THEREFORE, Approved this day of, ( 2012. BRAZOS CO TEXAS JUNCTION FIVE -O -FIVE Duane Peters, County Judge Iris Woolley, Executive Director �� SECOND RENEWAL TO LEASE PRECINCT 1, CONSTABLE'S OFFICE This Second Renewal to Lease ( "Second Renewal ") is made and executed by and between SOUTHWOO.D WEST, a Texas General Partnership, 1105 Peach Creek, College Station, Texas, 77845, as "Lessor", and BRAZOS COUNTY, TEXAS,, a political subdivision of the State of Texas, 200 S. Texas Ave., Suite 332, Bryan, Texas, 77803, as "Lessee ". RECITALS WHEREAS, the Lessor and Lessee entered into the original Lease ( "Lease ") on September 21, 2010; and,. WHEREAS, the Lessor and Lessee entered into a renewal term ( "First Renewal Term ") on September 27, 2011; and, WHEREAS, the Lease provides for five (5), additional renewal terms of one (1) year each, effective on October 1 of the year of renewal; and, WHEREAS, the Lease further provides a fixed monthly rental for the initial term of the Lease and all subsequent renewal terms in the amount of $1,650, payable in monthly installments on the first day of each month for the term of the Lease, and any subsequent renewal terms; and WHEREAS, the Lessor and Lessee have agreed to renew the Lease for one (1) additional year beginning October 1, 2012 and terminating on September 30, 2013; and NOW, THEREFORE, for the consideration stated herein, the Lessor and Lessee agree to the following amendments to the Lease. AGREEMENT 1. Renewal Term. This second renewal term .( "Second Renewal Term ") shall be effective October 1, 2012 and will terminate September 30, 2013. Additional subsequent renewal terms will be subject to the terms and conditions of the Lease and this Second Renewal. if there are any conflicts between this Second Renewal and the Lease, the terms of this Second Renewal will control. This Second Renewal Term shall be conditioned on the same terms set forth in the Lease, save and except those terms that are amended herein. 2. Lessor's Address. All notices to Lessor and payments of Rent shall delivered to the following address: Southwood West, a general partnership 1105 Peach Creek College, Station, Texas 77845 3. No Amendments. Except. as expressly modified herein, the Lease is not amended. 4. Signatures. This Second Renewal and all other copies of this Second Renewal, insofar as they relate to the rights, duties, and remedies of the parties, shall be deemed to be one agreement. This Second Renewal may be executed concurrently in one or more counterparts, each of which shall -be deemed an • original, but all of which together shall constitute one and the same instrument. The parties expressly agree that a copy of this Second Renewal transmitted by facsimile or email that contains the signature of one of the parties, shall for all. purposes be treated as an and shall be binding against the parties hereto. S. This Second Renewal shall be effective for all purposes as of the date set forth below 6. Miscellaneous Provisions. a. Notices. Any notice required by or permitted under the Lease or this Second Renewal must be in writing. Any notice required by this Second Renewal or Lease will be deemed to be delivered (whether actually received or not) when deposited with the 'United States Postal Service, postage prepaid, certified mail, return receipt requested, and addressed to the intended recipient at the address shown in the Lease. Notice may also be given by regular mail, personal delivery, courier delivery, facsimile transmission, or other commercially reasonable means and will be effective when actually received. Any address for notice may be changed by written notice delivered as .provided herein. Copies of each notice must be given by one of these methods to the attorney of the party to whom notice: is given.. b. Entire- Agreement. The Lease and this Second Renewal, .constitute the entire agreement of the Lessor and Lessee. There are no oral representations, warranties, agreements, or promises pertaining to the Lease or Renewal by Lessor or Lessee. c. Severability. The provisions of this Second Renewal are severable. If a court of competent jurisdiction finds that any provision of this Second Renewal is unenforceable, the remaining provisions will remain in effect without the unenforceable parts. Dated this ' of �/ ' 20 Lessor: SOUTHWOOD WEST, a Texas general partnership By: m Name JO&ALS L. V% o a.t__ Title: e&.Lxw tl.,— Attest: Lessee: OKI BY: By: Name: i � _ Title: SECOND RENEWAL TO LEASE PRECINCT 1, JUSTICE OF THE PEACE This Second ,Renewal to Lease ( "Second Renewal ") is made and executed by and between SOUTHWOOD WEST, a Texas General Partnership, 4101 Texas Avenue, Suite B, Bryan, Texas 77802, as "Lessor" ; and BRAZOS COUNTY, TEXAS, a political subdivision of the State of Texas, 200 S. Texas Ave., Suite 332, Bryan, Texas, 77803, as "Lessee ". RECITALS WHEREAS, the Lessor and Lessee entered into the original Lease ( "Lease ") on September 21, 2010; and, WHEREAS, the Lessor and Lessee entered into a renewal term ( "First Renewal. Term ") on August 30, 2011;.and, WHEREAS,. the Lease . provides for five (5) additional renewal terms of one (1) year each, effective on October 1 of the year of renewal; and, WHEREAS, the Lease further provides a fixed monthly rental for the initial term of the Lease and all subsequent renewal terms in the amount of $2,213.50, payable in monthly installments on the first day of each month for the term of the Lease, and any subsequent .renewal terms; and WHEREAS, the Lessor and Lessee have agreed to renew the Lease for one (1) additional year beginning October 1,:2012 and "terminating on September 30, 2013; and WHEREAS, the Lessor and Lessee have.further agreed to amend and replace Paragraph Ill.of the Lease, as set forth in Paragraph 2 below; NOW, THEREFORE, for the consideration stated herein, the Lessor and .Lessee agree to they following amendments to the Lease.. AGREEMENT 1. Renewal Term. This second renewal term ( "Second Renewal Term ") shall be effective October 1, 2012, and will terminate September 30, 2013. Additional subsequent renewal terms will be subject to the terms and conditions of the Lease and the First Amendment. If there are any .conflicts between this Second Renewal and the Lease, the terms of this Second Renewal will control. This Second Renewal Term shall be conditioned on the same terms set forth in the Lease, save and except those terms that are amended herein. 2. Rental. Lessee agrees to pay Lessor as a fixed, minimum monthly rental for the Second Renewal Term of :this Lease, and all subsequent renewal terms, if any, at such, place as Lessor may from, time to time,designate $2,130.17 per month, payable in monthly installments on the first day of each month. 3. No Amendments. Except as expressly modified herein, the Lease is not amended. L � . 4. .Signatures. This Second Amendment and all other copies of this Second Amendment, insofar as they relate to the rights, duties; and remedies of the parties, shall be deemed to be one agreement. This Amendment may be executed concurrently in one or more, counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The parties expressly agree that a copy of this Second Amendment transmitted by facsimile or email that contains the signature of one of the parties, shall for all purposes be treated as an original and shall be binding against,the parties hereto. 5. This Amendment shall be effective for all purposes as of the date set forth below. 6. Miscellaneous Provisions. a. Notices. Any notice required by or permitted under the Lease or this Second Amendment must be in writing. Any notice required by this Second Amendment or Lease will be deemed to be delivered (whether actually received or not) when deposited with: the United States Postal Service, postage prepaid, certified mail, return receipt requested, and addressed to the intended recipient at the address shown in the Lease. Notice may also be given by regular mail, personal delivery, courier delivery, facsimile transmission, or other commercially reasonable means and will be effective when actually'received. Any address for notice may be changed by written notice delivered as provided herein..Copies of each notice must be given .by one of these methods to the attorney of the party to whom notice is given. b. Entire Agreement. The Lease and this Second Amendment, constitute the entire agreement of the Lessor and Lessee. There are no oral representations, warranties, agreements, or promises pertaining to the Lease or Second Amendment by Lessor or Lessee. c. Severability. The provisions of thin Second Amendment are severable. If a court of competent jurisdiction finds that, any provision of this Second Amendment is unenforceable, the remaining provisions will remain in effect without the. unenforceable pa rts. Dated this MLI of 10MDber , 2 012- Lessor: SOUTHWOOD WEST, a Texas g iership By: Name: Jeffrey L. McDowell Title: Partner Attest'. By: Lessee: 06, Brazos County `Purchasing Department 200 SOUTH TEXAS AVE SUITE 352 BRYAN, TX 77803 PHONE (979) 361 -4290 FAX (979) 361 -4293 Charles Wendt, Purchasing Agent Leslie Williams, September20, 2012 Tiffany West, Buyer Lone Star Uniform Inc. Phone: 832 - 237 -8000 Ext. 112 P.O. Box 692348 Fax: 832 - 237 -8008 Houston, TX 77269 -2348 Email: corine@lonestarunifonns.com Attn: Corine Fox Re: Renewal of Contract for- Uniforms for the Sheriffs Department — 2013 -08R Brazos County would like to exercise the renewal option for Uniforms for the Sheriffs Office — '2013 -08R, previously known as 2011 -40R and 2010 -45; for the Sheriffs Office and Detention Center. All terms; conditions, and pricing shall remain the same. This agreement will be in effect from October 15, 2012 to October 14, 2013. To accept the renewal option, please fill out the information and sign below. Return this letter by email to lwilliams @brazoscountytx.gov or fax to (979) 361 -4293 and submit an original and an updated Certificate of Insurance by mail to the address, listed above. , Please return .acceptance as soon as possible. If you have any questions, I may be reached at (979) 361 -4294. Contact Name: C �l/LI�P Telephone: 3 9 • goev E -Mail: LONE STA _NI ORM INC. _ i Signa BRAZOSCOUNTY Duane Peters, County Judge 3a -a 37- Date oa Date . .�.. . . . .�. .. . . .. .. . .. . . �z § ■ k k § k r » 2 _ K I■ B § e ©a mq■ 4 m #a \ ##e.k °� 5 K kI §3I E EI& § ® § 2 7 a§ 7 «[ % a k = z ■ � a # � ■ � 2 § � � G § $ ae @ ° ¥a ■a■ @gma■SaQ k k S ■k E &aI§aa2 &§§ §k� § _ _ s z ©2 § z a a ��■' ,� ; ■ �■ �_ ,■� ., §' @ ■ �_.. $ . ■.� -� = a �■ �aI/ �.@ ��© �« �! 8 $ \ �2 � �� a�� &) m k_ K / a . .�.. . . . .�. .. . . .. .. . .. . . �z o Brazos County n Purchasing Department 200, SOUTH TEXAS'AVE SUITE 352 BRYAN, TX 77803 PHONE (979) 361 -4290 FAX (979) 361 -4293 Charles Wendt, Purchasing Agent Tracy Stracener, Asst. Purchasing Agent Leslie Williams, Senior Buyer Tiffany West, Buyer August 28, 2012 H &M Wholesale Inc. Phone: 979 - 690_ -8925 4150 HWY 6 South Fax: College Station, TX 77845 Email: warren @hmwholesale.com Attn Edgar McIver Re: Renewal of Contract for Oil Change Services — 2013 -02R , Brazos County would like to exercise the renewal option for Oil Change Services — 2013 -02R previously known as 2012 -06R, 2010 -43. All. terms, conditions, shall remain the same. After Commissioner's Court approval, the renewal will start October 15, 2012 ­October 14, 2013. To accept the renewal option, please fill out the information and sign below. Please sign and date Attachment A., Return the signed documents, by email to lwilliams@eo.brazos.tx.us or fax to (979) 361 -4293. Please then submit the original signed documents andtin updated Certificate of Insurance by mail to the address listed above. Please return, acceptance as soon as possible. If you have any questions, I may be reached at (979) 361 -4294. 'Contact Name: A)A0 e iW /W 9 yG,< Telephone: /W7 —� 90 E -Mail: dAl ~"(PA41 Itole5gy . ���'1 Fax: 9 F 8I / / Z, Date iolq4a- , Date Duane Peters, County Judge Cost for H#M Whole Sale 'BID-TABULATION SHEET BI'D 201.3 - CHANGE.. C- r*15,2012 - Estimated .. Price of Castrol Total Estimated Type Of # of # of Yearly ' Oil Change & 14 Price, of Oil Brand of Oil Cost for Yearly Vehicle Vehicles Oil point Check Change Filter Oil Changes Chan es: 1995 Ford Van 1 6 $33.61 $6.20 Mighty $238.86 1996 Dodge Van 1 6 $31.70 $6.20 Mighty $227.40 1996 Dodge 3 18 $31.30 $6.20 Mighty $682.20 Pickup 1997 Dodge Ram 1 6 $31.70 $6.20 Mighty $227.40 Van 1998 Chevrolet 1 6 $31.70 $11.50 Mighty $259.20 Auto mini- Van 1998 Ford 3 Dr. 6 $33.11 $7.28 Mighty $242.34 Ext. Van 1998 Ford Van 1 6 $33.11 $12.75 Mighty $275.16 1999 Dodge Maxi-Wagon Van 3500 1 6 $33.11 $0.20 Mighty $235.86 1999 Ford 6 $34.81 $7.28 Mighty $252.54 Econoline 1999 Lincoln 1 6 $34.81 $7.28 Mighty $252. Navigator 2000 Chevrolet 2 12 . $33.11 $12.75 Mighty $550.32 314 Ton Pickup 2000 Ford 4 24 $33.11 $7'28 Mighty $969.36 Crown Vic 2000 Chevrolet 2 12 $33.11 $1215 Mighty $550.32 314 ton Pick Up' 2000 Bus 2 12 NO BID NO BID NO BID NO BID International 2001 Ford %ton 1 6 $31.70 $8.30 Mighty $240.00 Ranger Pickup 2001 E350 club 1 6 $34.81 $7.28 Mighty $252.54 Wagon Van 2001 Ford F150 1 6 $34.81 $11.50 Mighty $277.86 Pickup 2002 Ford 3 18 $33.11 $7.28 Mighty $727.02 Crown Vic. 2002 Ford F150 1 6 $34.81 $11.50 Mighty $277.86 Ext. Cab Pickup 2002 Ford E150 1 I 6 - $34.81 $7.2 Mighty I $252.54 I Club W a on I I Tbaulation F I V I cl. Page 1 Cost for H M Whole. Sale 'plOTABULATION SHEET :18.10 2913 OIL CHANGE' 2002. Windstar 6 $3 $11.50 Mighty $258.42 Cargo Van 200 2 Ford 15 Passenger Club 1 6 $33.11 $11,50 Mighty $267.66 Wagon 2003 Ford 3 18, $33.11 $11.50 Mighty $802.98 Crown Vic. 2003 Chevrolet 1 6 $31.57 $7.49 Mighty $234.36 Truck SIO 2003 Ford Truck F 150 Extended 2 12 $33.11. $11.50 Mighty $535.32 Cab 2003 E350 Van 1 6 $33.11 $11.50 Mighty $267.66 2004 Chevroler 6 $31.57 $0.20 Mighty $226.62 Blazer 2004 Far ' d F150 6 $33.11 $12.55 Mighty $273.96 EA Cab 2004 Ford Van 1 6 $33.11 $02.55 Mighty $273.96 Econoline 2004 Dodge 1 6 $33.11 $12.55 Mighty $273.96 Dakota Truck 2004 Ford 5 30 $33.11 $7.28 Mighty $1,211.70 Crown Vic. 2004 Ford Van 1 6 $33.11. $11.50 Mighty $267.66 Crown Vic. 2005 Ford 2 12 $31.70 $10.15 Mighty $502.20 Explorer XL Explorer XLS 2 12 $31.70 $10.15 Mighty $562.20 2005 Ford Truck 1 6 $33.11 $12.55. Mighty $273.96 F 150 2005 Ford 250 Truck 2005 Dodge 1 6 $34.81 $7.28 Mighty $252.54 Truck Ram 1500 2005 Dodge 1 6. $31.57 $10:85 Mighty $254.52 Grand Caravan 2006 Ford 1 6 $33.11 $11.50 Mighty $267;66 2006 Ford F150 :2 12 $33.11 $12.55 Mighty $547.92 Pickup 2006 Chevrolet 2 12 $31.57 $20.40 Mighty $623.64 1 Impala TbaulaUon 2 Cost for H M Whole Sale BID.-TAPULATION SHEET RIP 2013. 1 2006 CheVy 1 6 $31.70 $16.30 Mighty $288-00 Colorado Pickup 2006 Dodge 9 54 $36.52 $1 . Mighty $2,657.88 Charger 2006 Ford E350 1 6 $34.81 $11.50 Mighty $277:86 Van 2006 Crown Vic. 1 6 $33.11 $12.25 Mighty $272.16 2006 Ford CP I .1 6 No Bid No Bid No Bid No Bid 2006 Ford Truck 1 6 $36,52, $12.75 Mighty $295.62 250 20061'50 2 12 $33.11 $21.55 Mighty $655.92 Supercrew 2007 Dodge 12 72 $36.52 $12.75 Mighty $3,547-44 Charger 2007 Chevrolet 2 12 $33.11 $12.15 Mighty $550.32 Silverado Ford 350 2 12 $33.11 $12.75 'Mighty $550.32 Passenger 2007 Chevrolet 6 $3111 $12.75 Mighty $215.16 Tahoe 2007 Ford 6 $33.11 $7.28 Mighty $242.34 Crown Vic. 2007 Dodge 6 $33.11 $1215 Mighty $275.16 Durango 2008 Ford F350 1 6 $34.81 $17.85 Mighty $315.96 Truck 2008 Dodge 4 24 $36.52 $12.75 Mighty $1,182;48 Charger 2008 Ford Truck 2 12 $3311 $11.50 Mighty $53532 F150 2008 Ford Van E2 12 $33.11 $11.50 Mighty $535.32 E350 2008 Truck Chevrolet 2 12 $33.11 $11.50 Mighty $535.32 Silverado 1500 2008 Chevrolet 1 6 $33.11 $11-50 Mighty $267.66 Silverado 2500 I 2008 Crown 1 6 $33.11 $6.20 Mighty $235.86 Victoria 2008. Ford Truck 1 6 $33.11 $11.50 Mighty $267.66 F150 2008 Chevrolet. 1 6 '$33.11 $12.75 Mighty $275.16 Truck F150 2008 Dodge 5 30 $33.11 $12.75 ' Mighty $1,375.80 L Du o Vol. pg. Page 3 Cost for H M Whole Sale BIDIABULATION SHEET B;I.D. :2013.OIL. CHANGE 2009 Dodge 18 108 $36.52 $12.75 Mighty $5,321:16 Charger 2009 Chevrolet 2 12 $33.11 $12:75 Mighty $550.32 SUV Tahoe 2009 Ford'Van 2 12 $33.11 $12.75' Mighty $530.32 2009 Chevrolet 2 12 $33.11 $12.75 Mighty $550.32 Silverado 2009 Dodge .1 6 $32:40 $12.75 Mighty. $270.90 Durango 2010 Dodge 9 54 $36:52 $12.75 Mighty $2,660.58. Charger 2010 SUV Jeep 1 6 $33.11 $12.75 Mighty $275.16 Grand Cherokee 2010 Ford 1 6 $33.11 $6.20 Mighty $235.86 Crown Victoria 2010 SUV 1 6 $33.11 $12.75 Mighty $275.16 Chevrolet Tahoe TOTAL $43,185.06 Ap ved Com issioner rt on this day of DL , 2012 by g the position of Tbaulation Vol. d' _ Pg._ � age 4 Brazos County Purchasing Department 200 S. TX AVE., SUITE 352 BRYAN, TX 77803 PHONE (979) 361 -4290 FAX (979) 361 -4293 BRAZOSCOUNTY BID/RFP/RFQ DOCUMENTATION SHEET The Purchasing Department would like to request Commissioner's Court approval to advertise and request Bids on the following: DATE: September 4, 2012 BID NUMBER: 2013 -11 REQUEST FOR PROPOSAL NUMBER: REQUEST FOR QUALIFICATIONS NUMBER: TITLE: Road Signs and Sign Posts REQUESTING DEPARTMENT: R &B APPROVAL SIGNATURE: Duane Peters, County Judge DATE APPROVED: ► F) I al Vol. /0 pg. // r BRAZOSCOUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road' and Bridge NUMBER, 56001000 DATE OF COURT MEETING: October 2, 2012 ITEM: Consider and take action on acceptance of the following revised. application form pertaining to utilities in Brazos County Right of Way: Application for Water Utility Permit Designating. Placement of Utility in County Ri of Way• SOURCE OF FUNDS: N/A NOTES/EXCEPTIONS: SUBMITTED BY: 0 1 • �, ,, P R. Alan Munger, P. County Engineer CC2012 -043 APPROVED B��Y�� :- LtJGe� Commiag6ner Lloyd , Pct. I Cbrpdniision� Sammy Catalena, Pct. 2 Commissioner K Mallard Pc 0�&M± Comm issioner Irma Cauley Pct: 4 This Re 9 uest is A proved' (or) Denied by Commissioners' Court Date: . Duane.Peters, County Judge Vol: Pg. / /� ''' 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 along), shall apply for a permit, Such activity, including but not limited to laying, constructing, maintaining, and/or .repairing cable, conduit, pole lines, gas lines, or any other utility, shall apply. for a permit. To make 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. compliance with the attached Brazos County Design Standards and Safety Precaution Requirements for Work Conducted in Brazos County Rights of Way. The completed application and all of its appurtenances shall not contain any false. information nor conceal any material facts. Only after obtaining the Right of Way Permit can construction begin. Early .start on any construction, other than emergency situations, will not be considered. Permitting may take, up to two weeks. 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 right of 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 of beginning construction shall constitute grounds for job shutdown. Vol. 1 P9• / / L R. WATER NATING COUNTY RIGHT OF WA' TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS Pursuant to the Texas Utility Code, Section 181.024, comes now [company . name], hereinafter referred to as "Company" a [state] Corporation, with authority, to. transact business in Texas, acting by and through its duly authorized representative, and hereby petitions the.County Engineer for the right to lay, construct, maintain, repair and/or operate a gas facility under, over, across and/or along- certain County Roads as shown on drawings and diagrams attached hereto and said location described as follows: Facility to Cross Road Road Name Block Number Length of Crossing TYPE OF CONSTRUCTION (CHECK ONE Bored Jacked Driven Cased Facility to Parallel County Road Within Right -Of -Way Road Name and Block Number From To Depth Distance CONSTRUCTION TYPE Diameter Wall Thickness, Material Specificati Maximum Operation, Pressure The location and description of the proposed installation and appurtenances must be fully shown on the attached detailed drawings. The Company shall commence actual construction /work in good faith .within 60 days from the date of said permit and shall complete said construction /work within working days. (COMPANY MUST FILL IN). If such construction is not begun by the 60'" day; will be required to apply fora new permit. Company declares that prior to filing this application, it has ascertained the location of all existing utilities, both aerial and° underground, and the filing of this application is prima facie evidence that the proposed installation will not conflict with any existing utility. A copy of this permit shall be kept at the job site any time work is being performed. It is expressly stipulated that this Permit is a license for permissive use only and that the placing of facilities upon public property pursuant to this permit shall not operate to create or vest any property right in said holder. It is understood and agreed that the, rights and privileges herein set out are granted only to the extent of the County's right, title and interest in, tlie'land•to be entered upon and used by the holder and the holder will at all times assume risk of and indemnify; defend and save harmless Brazos County from and against any and all loss, damages, cost or Vol. /6 ... P9.1/1� expense arising in any manner on account of the exercise or attempted exercise by said holder of the aforesaid rights and privileges. Any deviation from these specifications must be approved by Brazos County Engineer's Office or its designated representative. Approval of County Engineer's Office may take as long as two weeks after complete application is received. Applicant agrees to comply with all rules of the County Commissioners and the County Engineer in construction of said installation attached hereto as BRAZOS COUNTY DESIGN STANDARDS AND SAFETY PRECAUTION REQUIREMENTS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY and incorporated herein for reference. In the event Company fails to obtain a permit prior to the installation or does not install utilities in compliance with installation requirements sel forth herein (i.e. depth, location, etc), Company assumes allfinancial responsibility for damages and/or destruction of lines, cables, etc. based upon its failure to comply with Brazos County requirements. Applicant agrees that if Brazos County demonstrates a violation of the terms of this policy, Applicant stipulates that requisites for injunctive relief exist and that Brazos County is entitled to relief enjoining any conduct by applicant which is contrary to the policies. This permit is a revocable permit. Brazos County reserves the right to revoke this permit at any time, in the sole discretion of Brazos County, for interests of public health, safety or welfare, or for failure to repair any damages upon demand, or for any other reason deemed sufficient by Brazos County. In the event Company fails to comply with any or all of the requirements as set forth herein, the County may take such action as it deems appropriate to compel compliance. The County Engineerfurther retains the right to revoke this Permit by verbal notification to the Applicant/Company. Failure to obtain this permit and/or notify the County Engineer's Office within 24 hours of beginning construction shall constitute grounds for job shutdown. By signing below, I certify that I am authorized to represent the Company listed below, and that the Company agrees to the conditions /provisions included in this permit. Company Name By: Signature Title Address City State Zip Phone Number Email: Vol. / � e Pg. - L4;E/- WATER UTILITY APPROVAL Brazos County offers no objection to the proposed location of the utility in the County right of way as shown by accompanying drawings and notice dated except as noted below: (Month/Day/Year) EXCEPTIONS: Brazos County Engineer Signature Title f 0 M. o CC w _L r 0 x 0 0 x 0 w x J Iv R E g " Q 0 CC 0 CC RIGHT-OF-MY W _U w }- W U 9 � s� o� CC 0 I I NA 1 !1 I J•U I I Vol. o Pg, /0 -- .C) O Q H W co L) H O F-- V LI�•y w I.J. O H � Q F- 0 w a p LL. V O V -J w CIL O V d V O F- _ c _ w CL p J ~ < O > ry < UL V) Z O 0 U) ::3 0 O w O p w CL i 1 > < LJJ F-- 0 V w z z O O' Q CL J a 115 O 0 < O V V CL Q LU LL. e— CY cli 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. Permittee will use best management practices ("B-MP") (EPA and.TCEQ both provide lists of examples of BMPs) to minimize erosion and sedimentation resulting from the proposed installation. The permittee shall take precautions to avoid damage to property. All County Right of Way 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 rights 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 1. 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 the Texas Manual of Uniform Traffic Control Devices (TMUTCD). See'Traffic Control Requirements below. 2. During construction, all safety regulations of the Texas Department of Transportation shall be observed. 3. Permittee must take such precautions and measures, including placing and displaying safety 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 poles 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 1, A traffic control plan, pursuant to the TMUTCD or Engineered Traffic Control Plan must be provided for the following: a. Any construction (i.e. pit, excavation, hole) left open over night, requires specific nighttime traffic control measures pursuant to the TMUTCD; b. If construction is within ten (10) feet of the roadway;. or c. Any work performed in the road right -of -way; 2. Plan must be attached.to the pe at the 'ob site any time work is being performed. Vol. __ lG _ .W,.. y 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 of 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 installation (including lighting) shall be placed at the backside, of the Right of Way 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 County Engineer. 3. All underground installations shall (these are minimum depths— utility may place deeper): a. be placed at a minimum depth of forty-eight (48) inches below the top of the pavement, b. beat least thirty-six (36) inches below ditch flow line when installation is within the area 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 below; d. not be closer than ten (10) feet from the edge of pavement. Exceptions may apply in rights of way of less than 60'. 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 from 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 utility 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' if left open over night or unattended. 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 pressure grouting operations; c. TxDOT Standard Specification Item 476 shall be followed for all boring, jacking, tunneling 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 TraffiaControl 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;. VQI.. _ �' -- Pg. l� e. based upon soil conditions; the County Engineer or his representative may require shoring to protect pavement integrity; f based upon soil conditions, the County Engineer or his representative may require pits be 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 shoring to protect pavement integrity. d. All excess water and mud shall be removed from the trench prior to backfilling. Any backfill 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 satisfaction of the County Engineer or his, representatives. f. No side or lateral tamping to fill voids under the base and pavement materials is allowed. 11. Company must be careful to not jeopardize the slope or integrity of the shoulder of the road. 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 prior to commencing construction. 12. Operation of construction and/or maintenance equipment on the traveled surface of any improved County road will not be permitted, except in an "instance whereby the laying, construction, maintenance and /or repair of cables, conduits pole. lines cannot be accomplished by any other method and in this event all such equipment shall be of the rubber tire variety. Appropriate traffic control shall be provided 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 required to provide a performance bond or letter of credit securing necessary repairs. Said bond amount will be determined by the County Engineer. 14. The applicant shall submit a letter of "No Objection" from the Army Corps of Engineers for 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 a County Right of Way, and unable to notify ,the, County Engineer prior to conducting emergency repairs, Company shall notify County Engineer within 24 hours of beginning construction/repairs. This will allow the County Engineer and Road & Bridge 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 been 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 dreasonable 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 pertaining to controlled access or non- controlled access installations, should contain the following additional information in the description of the permit. - diameter -wall thickness - material specification - minimum yield strength - maximum operation pressureof the pipeline 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 Federal Safety Standards for Liquid and Gas Pipe Lines. Assurance must be provided on company letterhead and signed by an authorized representative of the company.' 4. Petroleum Pipelines: Depth Type of Pipeline (below deepest ditch grade) Special Requirements Encased Pipe Less than 10' Must be covered with concrete pad at least 36 "deep Encased Pipe Greater than 10' No concrete pad required Non -Cased Pipe Less than 10' Must be covered with concrete pad at least 48 "deep Non- Cased.Pipe Greater than 10' No concrete pad required. The .Concrete pad shall be minimum of 3" thick and width shall'be-pipe diameter plus 1'8" minimum. 5. Under no. circumstances will a pipeline be installed parallel to a County Road within the Right -of- Way. Transmission lines have been determined to be petroleum pipelines (which includes natural gas lines) and shall not be parallel to a County Road. 6. Natural Gas Distribution is a line that serves the final customer. Vol. �� - - - - -- �'g BRAZOS .COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge NUMBER 56001000 DATE OF COURT MEETING: October 2, 2012 ITEM: Consider and take action on acceptance of the following revised application form Regaining to utilities in Brazos County Right of Wad Application for Electrical Utility Permit Designating Placement of Utility in County Right of Way. SOURCE OF FUNDS: N/A NOTES /EXCEPTIONS: SUBMITTE BY: C• R. Alan Munger, P. County Engineer CC2012 -044 This Request is P , roved (or) Denied Date: 0 LL=S� �V . Duane Peters, County Judge APPROVED BY: Co m r Lloyd ssermann, Pct. 1 mmissio r Sammy Catalena, Pct. 2 Commissioner KenQMallard, kpt 3 A�r Commissioner Irma Cauley, Pct. 4 by Commissioners' Court 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 along), shall apply for a permit. Such activity, including but not limited to laying, constructing,. maintaining, and/or repairing cable, conduit, pole lines, gas lines, or any other utility, shall apply for a permit. To make 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 compliance with the attached Brazos County Design Standards and Safety Precaution Requirements for Work Conducted in Brazos County Rights of Way. The completed. application and all of its appurtenances shall not contain any false information nor conceal any material facts. Only after obtaining the Right of Way Permit can construction begin. Early start or! . any construction, other than emergency situations, will not be considered: Permitting may take up to two weeks. 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 right of 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 @brazoscouintytz.gov Failure to obtain a permit and/or notify the County Engineer's Office within 24 hours of beginning construction shall constitute grounds for job.shutdown. Vol. _ Pg / ____ APPLICATION -FOR ELECTRICAL UTILITY PERMIT DESIGNATING PLACEMENT OF UTILITY IN COUNTY RIGHT OF WAY TO: THE COUNTY ENGINEER OF BRAZOS COUNTY; TEXAS Pursuant to the Texas Utility Code, Section 181.044, comes now [company name], hereinafter referred to as "Company" a [state] Corporation, with authority to transact business in Texas, acting by and through its duly authorized representative, and hereby petitions the County Engineer for the approval of the location to lay, construct, maintain, repair and /or operate lines under, over, across-and/or along certain County Roads as shown on drawings and diagrams attached hereto and said location described as follows: Facility to Cross Road Road Name & Block Number Length of Crossing TYPE OF CONSTRUCTION CHECK ONE Bored Jacked Cased Aerial Facility to Parallel County Road Within Right -Of -Way Road Name. and Block Number From To Distance The location and description of the proposed installation and appurtenances must be fully shown on the attached detailed drawings. The Company shall commence actual construction /work nn good faith within 60.days from the date of said permit and shall complete said construction /work within working days. (COMPANY MUST FILL M. If such construction is not begun by the 60` day, Company will be required to apply for a new permit. Company declares that prior to beginning construction/work, it will ascertained the location of all existing utilities, both aerial and underground, and the filing of this application is prima facie evidence that the proposed installation will not conflict with any existing utility. A copy of this permit shall be kept at the job site any time work is being performed. It is expressly stipulated that this Permit is a license for permissive use only and that the placing of facilities upon public property pursuant to this permit shall not operate to create or vest any property right in said holder. It is understood and agreed that the rights and privileges herein set out are granted only to the extent of the County's right, title and interest in the land to be entered upon and used by the holder and the holder will at all times assume risk of and indemnify, defend and save harmless Brazos County from and against any and all loss, damages, cost or expense arising in any manner on account of the exercise or attempted exercise by said holder of the aforesaid rights and privileges. Any deviation from these specifications must be approved by Brazos County Engineer's, Office or its designated representative. Approval of County Engineer's Office may as long as two weeks after complete application is received. Applicant agrees to comply with all rules of the County Commissioners and the County Engineer in construction of said installation attached hereto as BRAZOS COUNTY SAFETY AND ROAD PRESERVATION STANDARDS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY and incorporated herein for reference. In the event Company fails to obtain a permit prior to the installation or does not install utilities in compliance with installation requirements set forth herein (i.e. depth, location, etc), Company assumes all financial responsibility for damages and/or destruction of lines, cables, etc. based upon its failure to comply with Brazos County requirements. This permit is a revocable permit Brazos County reserves the right to revoke this permit at any time, in the sole discretion of Brazos. County, for- of public health, safety or welfare, or for failure to repair any damages upon demand, or for. any other reason deemed sufficient by Brazos. County. In the event Company fails to comply with any or all of the requirements as set forth herein, the County may take such action as it deems appropriate to compel compliance, including injunctive relief. The County Engineer further retains the right to revoke this Permit by verbal notification to the Applicant/Company. Failure to obtain this permit and/or notify the County Engineer's Office. within 24 hours of beginning construction shall constitute grounds for job shutdown. By signing below, I certify that I am authorized to represent the Company listed below, and that the Company agrees to the conditions /provisions included in this permit. Company Name By: Signature Title Address City State Zip Phone Number Email: APPROVAL Brazos County offers no objection to the proposed location of the utility in the County right of way as shown by accompanying drawings and notice dated except as noted below: (Month/Day/Year) EXCEPTIONS: Brazos County Engineer Signature Vol. BRAZOS COUNTY 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, Permittee will use best management practices ( "BMP ") (EPA and TCEQ both provide lists 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 Way 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 rights 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 l . 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 the Texas Manual of Uniform Traffic Control Devices ( TMUTCD): See Traffic Control Requirements below. 2. During construction, all safety regulations of the Texas Department of Transportation shall be observed. 3. Permittee must take such precautions and measures, including placing and displaying safety 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 poles 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 .1. A traffic control plan, pursuant to the TMUTCD or Engineered Traffic Control Plan must be provided for the following: a. Any construction (i.e. pit, excavation, hole) left open over night, requires specific nighttime traffic control measures pursuant to the TMUTCD; b. If construction is within ten (10) feet ofthe.roadway; or c. Any work performed in the road right -ofway; 2. Plan must be attached to the permit and kept at the job site anytime work is being performed. Vol. _ / P r / , 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 of 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 installation (including lighting) shall be placed at the backside of the Right of Way 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 company's expense. Exceptions may be approved by the County Engineer. 3. All underground installations shall (these are minimum depths — utility may place 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 area 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 below; d. not be closer than ten (10) feet from the edge of pavement. Exceptions may apply in .rights of way of less than 60'. 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 from back of right -of -way). Power — 0 -2 feet, nominally I' Phone — 2 -4 feet, nominally 3' Gas — 4 -6 feet, nom inally 5' Cable — 6 -8 feet, nominally 7' 6. Utilities with less than 60 feet. right-of-way in all new developments. shall install the utility 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' if left open over night or unattended. 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 pressure grouting operations; c. TxDOT Standard Specification Item 476 shall be followed for all boring, jacking, tunneling 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; Vol. /o e. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity; f. based upon soil conditions, the County Engineer or his representative may require pits be 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. backfrlled with cement stabilized material. c. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity. d. All excess water and mud shall be removed from the trench prior to backfilling. Any backfill 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 satisfaction of the County Engineer or his representatives. f. No side or lateral tamping to fill voids under the base and pavement materials is allowed. 11. Company must be careful to not jeopardize the slope or integrity of the shoulder of the road. 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 prior to commencing construction. 12. Operation of construction and/or maintenance equipment on the traveled surface of any improved County road will not be permitted, except in an instance whereby the laying, construction, maintenance and/or repair of cables, conduits and/or pole lines cannot be accomplished by any other method and in this event all such equipment shall be of the rubber tire variety. Appropriate traffic control shall be provided 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 required to provide a performance bond or letter of credit securing necessary repairs. Said bond amount will be determined by the County Engineer. 14. The applicant shall submit a letter of "No Objection" from the Army Corps of Engineers for 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 a County Right of Way, and unable to notify the County Engineer prior to conducting emergency repairs, Company shall notify County Engineer within 24 hours of beginning con struction/repairs. This will allow the County Engineer and Road & Bridge 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 been 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. Vol..._ All e ____J H. High Pressure Pipelines 1. All utility Permits for high pressure pipelines (generally 60 PSI or greater), whether pertaining to controlled access or non - controlled access installations, should contain the following additional information in the description of the permit. - diameter -wall thickness - material specification - minimum yield strength - maximum operation pressure of the pipeline 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 Federal Safety Standards for Liquid and Gas Pipe Lines.. Assurance must be provided on company letterhead and signed by an authorized representative of the company. 4. Petroleum Pipelines: Depth Tyne of Pipeline (below deepest ditch grade) Special Requirements Encased Pipe Less than 10' Must be covered with concrete pad at least 36 "deep Encased Pipe Greater than 10' No concrete pad required Non -Cased Pipe Less than 10' Must be covered with concrete pad at least 48 "deep Non- Cased,Pipe Greater than 10' No concrete pad required The Concrete pad shall be -minimum of Y' thick and width shall be pipe diameter plus 18" minimum. 5. Under no circumstances will a pipeline be installed parallel to a County Road within the Right - of -Way. Transmission lines have been determined to be petroleum pipelines (which includes natural gas lines) and shall not be parallel to a County Road. 6.. Natural Gas Distribution is aline that serves the final customer. Vol. �'q. /.7a?— BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge NUMBER 56001000 DATE OF COURT MEETING: October 2, 2012 .ITEM: Consider and take action on acceptance of the following revised application form pertaining to utilities' in Brazos County Right of Way: Application for Gas Utility Permit Designating L Placement of Utility in County Right of Way. SOURCE OF FUNDS: N/A NOTES /EXCEPTIONS: :SUBMITTED Y: R. Alan Munger, P.E. County Engineer CC2012 -045 APPROVED BY: Lloyd Yajiseranann, Pct. 1 Sammy Catalena, Pit. 2 This Request is ArT oved � or) Denied Date: . Duane-Peters,-County Judge Commissioner Kerxb'y Mallard, Pct` �lbsen� Commissioner Irma Cauley, Pct. 4 by Commissioners' Court BRAZOSCOUNTY 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 along), shall apply for a permit. Such activity, including but not limited to laying, constructing; maintaining, and/or repairing cable, conduit, pole lines, gas lines, or any other utility, shall apply for a permit. To make application for a permit, the must be submitted: I.. 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 compliance with the attached Brazos County Design Standards-and Safety Precaution Requirements for Work Conducted in Brazos County Rights of Way. The completed application and all of its appurtenances shall not contain any false information nor conceal any material facts. Only after obtaining the Right of Way Permit can construction begin. Early start on any construction, other than emergency situations, will not be considered. Permitting may take up to two weeks. 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 right of 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 of beginning construction shall constitute grounds for job.shutdown. Vol. i►I:1 TI PERMIT TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS WAY Pursuant to the Texas Utility Code, Section 181.024, comes now [company name], hereinafter referred to as ".Company" a [state] Corporation, with authority to, transact business in Texas, acting by and through its duly authorized representative, and hereby petitions the County Engineer for the right to lay, construct, maintain, repair and /or operate a gas facility under, over, across and /or along certain County Roads as shown on drawings and diagrams attached hereto and said location described as follows: Facility to Cross Road Road Name & Block Number Length of Cross in TYPE OF CONSTRUCTION CHECK ONE I Bored lacked Driven Cased Facility to Parallel County Road Within Right -Of -Way Road Name and Block Number From To Depth Distance CONSTRUCTION TYPE Diameter Wall Thickness ❑ High Pressure Underground ❑ Low Pressure Underground Pipeline (60 psi or greater Pipeline (60 psi operating Material Specification operating pressure) pressure) Minimum Yield Strength Maximum Operation Pressure The location and description. of the proposed installation and appurtenances must be fully .shown on the attached detailed drawings. The Company shall commence actual construction/work in good faith within 60 days from the date of said permit and shall complete said construction /work within working days. (COMPANY MUST FILL IN). If such construction is not begun by the 60` day, Company will be required to apply for a new permit. Company declares that prior to filing this application, it has ascertained the location of all existing utilities, both aerial and underground, and the filing of this application is prima facie evidence that the proposed installation will not conflict with any existing utility. A copy of this permit shall be kept. at the job site any time work is being performed. It is expressly stipulated that this Permit is a license for permissive use only and that the placing of facilities upon public property pursuant to this permit shall not operate to create or vest any property right in said holder. It is understood and agreed that the rights and. privileges herein set out are granted only to the extent of the County's right, title and interest in the land to be entered upon,and used by the holder and the holder will at all, times assume risk of and indemnify, defend and save harmless Brazos County from and against any and all loss, damages, cost or /� OF P , expense arising in any manner on account of the exercise or attempted exercise by said holder of the aforesaid rights and privileges. Any deviation from these specifications must be approved by Brazos County Engineer's Office or its designated representative. Approval of County Engineer's Office may take as long as two weeks after complete application is received. Applicant agrees to comply with all rules of the County Commissioners and the County Engineer in construction of said installation attached hereto as BRAZOS COUNTY DESIGN STANDARDS AND SAFETY PRECAUTION REQUIREMENTS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY and incorporated herein for reference. In the event Company fails to obtain a permit prior to the installation or does not install utilities in compliance with installation requirements set forth herein (Le. depth, location, etc), Company assumes allfinancial responsibility for damages and/or destruction of lines, cables, etc. based upon its failure to comply with Brazos County requirements. Applicant agrees that if Brazos County demonstrates a violation of the terms of this policy, Applicant stipulates that requisites for injunctive relief exist and that Brazos County is entitled to relief enjoining any conduct by applicant which is contrary to the policies. This permit is a revocable permit. Brazos County reserves the right to revoke this permit at any time, in Ilse sole discretion of Brazos County, for interests of public health, safety or welfare, or for failure to repair any damages upon demand, or for any other reason deemed sufficient by Brazos County. In the event Company fails to comply with any or all of the requirements as set forth herein, the County may take such action as it deems appropriate to compel compliance. The County Engineer further retains the right to revoke this Permit by verbal notification to the Applicant/Company. Failure to obtain this permit and/or notify the County Engineer's Office within 24 hours of beginning construction shall constitute grounds for job shutdown. By signing below, I certify that I am authorized to represent the Company listed below, and that the Company agrees to the conditions /provisions included in this permit. Company Name By: Signature Title Address City State Zip Phone Number Email: Vol. _. /o/ - f'9 _ GAS UTILITY APPROVAL Brazos County offers no objection to the proposed location of the utility in the County right of way as shown by accompanying drawings and notice dated except as noted below: (Month/Day/Year) EXCEPTIONS: Brazos County Engineer Signature Title Vol. -. /G F' . 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. Penmittee will use best management practices ( "BMP ") (EPA and TCEQ both provide lists of examples of BMPs) to minimize erosion and sedimentation resulting from the proposed installation. The permittee shall take precautions to avoid damage to property.. All County Right of Way 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 rights 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 1. 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 the Texas Manual of Uniform Traffic Control Devices (TMUTCD). See Traffic Control Requirements below. 2. During construction, all safety regulations of the Texas Department of Transportation shall be.observed. Permittee must take such precautions and measures, including placing and displaying safety 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 poles 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 1.. A traffic control plan, pursuant to the TMUTCD or Engineered Traffic Control Plan must be provided for the following: a. Any construction (i.e. pit, excavation, hole) left open over night, requires specific nighttime traffic control measures pursuant to the TMUTCD; b. If construction is within ten (10) feet of the roadway; or c. Any work performed in the road right -of- -way; 2. Plan must be attached to the permit and kept a th e job site anytime work is being performed. Vol, f6 f9.: 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 of 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 installation (including lighting) shall be placed at the backside.of the Right of Way 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 County Engineer. 3. All underground installations shall (these are minimum depths— utility may place 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 area 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 below; d, not be closer than ten (I0) feet from the edge of pavement. Exceptions may apply in rights of way of less than 60'. 4. Water Lines: All water lines must be a minimum 364nches 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 from back of right -of -way). Power — 0 -2 feet, nom inally V Phone — 2 -4 feet, nominally 3' Gas — 4 -6 feet, nom inal ly 5' Cable — 6 -8 feet, nominally 7' 6. Utilities with less than.60 feet right -of -way in all new developments shall install the utility 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' if left open over night or unattended. Crossings under a county Toad 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 pressure grouting operations; c. TxDOT Standard Specification Item 476 shall be followed for all boring, jacking, tunneling 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; Vol. C._'9 / - e. based upon soil conditions, the Engineer or his representative may require shoring to protect pavement integrity; f. based upon soil conditions, the County Engineer or his representative may require pits be 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 shoring to protect pavement integrity. d. All excess water and mud shall be removed from the trench prior to backfilling. Any backfill 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 satisfaction of the County Engineer or his representatives. f. No side,or lateral tamping to fill voids under the base and pavement materials is.allowed. 11. Company must be careful to not jeopardize the slope or integrity of the shoulder of the road. 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 prior to commencing construction. 12. Operation of construction, and/or maintenance equipment on the traveled surface of any improved County road will not be permitted, except in an instance whereby the laying, construction, maintenance and/or repair of cables, conduits and/or pole lines cannot be accomplished by any other method and in this event all such equipment shall be of the rubber tire variety. Appropriate traffic control shall be provided 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 required to provide a performance, bond or letter of credit securing necessary repairs. Said'bond amount will be determined by the County Engineer. 14. The applicant shall submit a letter of "No Objection"' from the Army Corps of Engineers for 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 a County Right of Way, and unable to notify the County Engineer prior to conducting emergency repairs, Company shall notify County Engineer within 24 hours of beginning con struction/repairs. This will allow the County Engineer and Road & Bridge 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 been 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. VCi. /w/ P / D H. High Pressure Pipelines : 1. All utility Permits for high pressure:' ipelines (generally 60 PSI or greater), whether pertaining to controlled access or non - controlled access installations, should contain the following additional information in the description, of the . perm it. - diameter -wall thickness - material' specification minimum yield strength - maximum operation pressure of the pipeline 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 Federal Safety Standards for Liquid and Gas Pipe Lines. Assurance must be provided on company letterhead and signed by an authorized representative of the company. 4. Petroleum Pipelines: Depth Type of Pipeline (below deepest ditch grade) Special Requirements Encased Pipe Less than 1'0' Must be. covered with concrete pad at least 36 "deep Encased Pipe Greater than 10' No concrete pad required Non -Cased Pipe Less than 10' Must be covered with concrete pad at least 48 "deep Non -Cased Pipe Greater than 10.' No concrete pad required The Concrete pad .shall be minimum of Y' thick and width shall be pipe diameter plus 18" minimum. 5. Under no circumstances. will a pipeline be installed parallel to a County Road within the Right -of- Way. Transmission lines have been determined to be petroleum pipelines (which includes natural gas- lines) and shall not be parallel to a County Road. 6. Natural Gas Distribution is a line that serves the final customer. VC I tiM1 The State of Texas, County of BRAZOS We, the undersigned, as County Commissioners within and for Brazos County, and the Honorable' Duane Peters, -County Judge of Brazos County, constituting the entire Commissioners' Court of Brazos County, during a regular meeting of said Court have examined the foregoing -and have caused an order to be entered upon the Minutes of , .the Commissioners' Court of Brazos County approving said Report as presented and submitted as true and correct by Laura. Taylor Davis,- Treasurer of Brazos County, as provided- for in the Revised Statutes of the State of Texas. (Texas Local Government Code, 114.026) Witness my hand thi day of A.D. 2012 I &g &, ,-� L Karen McQueen County Clerk, County of BRAZOS, State of Texas Examined and approved in open Commissioners' Court this Ol YY� day of C� b�►� 2012. Duane Peters, County Judge % Lloyd WeAsel paw, Comm ner Precinct #I Commissioner Precinct #2 9-5Z 47*�� Kenny Mallard, Co 'oner PreciAct #3 . fkwt- Irma Cauley, Commissioner Precinct #4 Treasurer's Report for the M NTH.JULY 2012 VOL _ / __ ' jg _ �. I I FA ig O O In In :zl O O t "a r I V(A. Pg 4 . 0 , S c c , a 8 co 8 a� w O� S! q z R - m - S S S q r 0 4 a, - m P1 N f4 ai a; n a a6 c6 d V1 4 Li u! lu M 3 1 A El a a at A o c"! S GR r1t fl y An .S - lo V, - P. a co a a; a r4 ro - A Sa I i Q C� t rl g A 6n OD A 6 �d N fn LA Z N M i --a c3 M = { = -: fn rz 4 m c� W n N 9q M o m 1 - t y d 2 q c, u; O1 I t 14 J V1 r r, C . 614 a; a, LA Lq Z I ED 1 v7 P A si fq ' do c4 W t ag rn p R 3; A St F, v. Pz . . . . . . . . . a? Ll cc q 'D o! f"! ry 10 06 'd 'i tri 0 z Y 0 z z in Lu ce Ln Ln �< 3F �� 1n�n�ln��is � ,^¢< S � S E I I I I I FA ig O O In In :zl O O t "a r I V(A. Pg BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2011 -2012 BUDGI NO. 11/12 49.1 - 49.4 On this the 2nd day of October 2012 at a regular meeting of the Commissioners' Court, the following members were present: A. Duane Peters, County Judge, Presiding B. Lloyd Wassermann, Commissioner, Precinct 1 C. Sammy Catalena, Commissioner, Precinct 2 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 2nd day of October 2012 the Court heard and approved a budget amendment for the 2011 -2012 budget year for Brazos County, Texas; and WHEREAS, expenditure is necessary due to the necessity to meet unusual and unforeseen conditions which could not be reasonably included in the original budget adopted 20 September 2011, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 2nd day of October 2012. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. By: Duane Peters, County Judge Original: County Clerk's Office and Attached to the original budget Copies: County Auditor County Treasurer County Budget Officer Commissioners' Court Minutes Vol. — f'q. /�� BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 11/12 - 49.1 101212012 =�� iffum ACCOUNT NAME -� Equip ent-Maintenance Rental Equipment m ,Prepared By: nnm Date: 9/26/2012 LDepartment Approval Date r) ta - Approval vcj� ICA BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 11/12 - 49.2 1012/2012 FUND I DIV I ACCT I PROJ I DR/CR I ACCOUNT NAME increase Decrea 0 1 00 11000500 725 CR Professional Fees - Other 4,4 0100 17000100 65350000 DR [Gasoline A esn nn lNon - Departmental and Building Maintenance I Reallocation of funds to cover for gasoline for remainder of FY 12. ( Prepared By: nnmi Date: 9/26/2012 vate VnI. F g !Department Approval Date BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 11/12 - 49.3 10/2/2012 FUNDI DIV I ACCT I PROJ I DR/CR I ACCOUNT NAME Increase Decrease 0100 11000500 72590000 I CR I Professional Fees -Other 28,304.00 0100 11010000 72205000 DR Crt Appointed Attv - 85th 9R Ina nn Non - Departmental and Court Support - Criminal location of funds to cover for Court for remainder of FY 12. Department Approval _ Date .Prepared By: nnm! Date: 9/26/2012 'County Judge Approval Date BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 11/12 - 49.4 10/2/2012 FUNDI DIV I ACCT I PROJ DRICR ACCOUNT NAME Increase Decrease 0100 1 11000500 1 72590000 CR I Professional Fees - Other 40,000.00 0100 1 36000100 1 61880000 1 1 DR lUtilities 40000 00 - Departmental and Ex lReallocation of funds to cover for utilities for remainder of FY 12. D_ epartment Approva! Date Pre ared B nnmi . :Date: 9/26/2012' County Judge Approval Dbte Vol ' -,,! I I 1 BRAZOS COUNTY,, TEXAS BUDGET AMENDMENT(S) FOR THE. 2012 -2013 BUDGET YEAR NO: 12/13 1.1 -1.47 On this the 2nd day of October 2012 at a regular meeting of the Commissioners' Court, the following members were present: A. Duane Peters, County Judge, Presiding B. Lloyd Wassermann, Commissioner, Precinct 1 C. Sammy Catalena, Commissioner, Precinct 2 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 2nd day of October 2012 the Court heard and approved a budget amendment for the 2012 -2013 budget year for Brazos County, Texas; and WHEREAS, expenditure is,necessary due to the necessity to meet unusual and unforeseen conditions which could not be reasonably included in the original budget adopted 18 September 20.12, the following amendment(s), to the original budget are hereby authorized, .as described on'the.attached page(s). ADOPTED AND APPROVED this the 2nd day of October 2012. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. By: Duane Peters, County Judge Original: County Clerk's Office and Attached to the original budget Copies: County Auditor County Treasurer. County Budget.Officer Commissioners' Court Minutes BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12/13 - 1.1 10/2/2012 FUND 1100 DIV 11002500 ACCT 61130000 PROJ DR/CR CR ACCOUNT NAME Contingency Increase Decrease 1,292.00 1100 11002500 51300000 DR SaIn Staff 1,065.00 1100 11002500 53100000 DR Social Security 81.00 1100 11002500 53200000 DR Retirement 139.00 1100 11002500 53800000 DR Worker's Comp 4.00 1100 11002500 53900000 DR Unemployment Insurance 3.00 Hotel Occupancy Tax Fund Reallocation of funds to support merit award fora position in this division. Pre ac p ed^By': ;nnm BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12/13 - 1.2 FUND DIV ACCT PROJ DR/CR _ ACCOUNT NAME Increase Decrease 1100 11002600 61880000 CR Utilities 2,803.00 1100 11002600 51300000 DR Salary Staff 2,038.00 1100 11002600 51610000 DR Hourly Staff 270.00 1100 11002600 53100000 1 DR Social Security 177.00 1100 11002600 53200000 DR Retirement 301.00 1100 11002600 53800000 DR Worker's comp 10.00 1100 11002600 53900000 DR Unemployment Insurance 7.00 HOT - Marketing Reimbursement Reallocation of funds to support merit award for the positions in this division. Prepared By: nnm Date: 9/19/2012 ,County Judge Approval BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12/13 - 1.3 10/2/2012 FUND 3000 DIV 312100 ACCT 51751100 PROJ DR/CR CR ACCOUNT NAME St. Supplement - TJPC - JPO Increase Decrease 1430.54 3000 312100 53100000 CR Social Secruity 109.44 3000 312100 53200000 CR Retirement 186.69 3000 312100 53800000 1 CR Workers Comp. 5.99 3000 91300000 DR - Transfer to General Fund 1,732.66 0100 49029000 CR Transfer from Grant Fund 1,732.66 0100 31000200 51751100 DR St. Supplement - TJPC - JPO 1 0100 31000200 53100000 DR Social Secruity 109.44 0100 31000200 53200000 DR Retirement 186.69 0100 31000200 53800000 DR Workers Comp. 5.99 TJPC - State Aid Grant and Juvenile Services - Detention Reallocation of funds for State Supplement TJPC. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12113 - 1.4 - 2.4 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12113 - 1.5 •ni.innwn FUND 3000 3000 3000 3000 DIV 312100 312100 312100 312100 ACCT 51751100 53100000 53200000 53800000 PROJ DR/CR CR CR CR CR M ACCOUNT NAME St. Su' lement - TJPC - JPO Social Securi Retirement Workers Comp. Increase Decrease 2,861.08 218.87 373.37 11.99 3000 3000 318700 318700 51751100 53100000 DR DR St. Su lement - TJPC - JPO Social Security 2,861.08 218.87 3000 3000 318700 318700 53200000 53800000 DR DR Retirement Workers Com 373.37 11.99 TJPC -State Aid Grant and TJPC - C - Commitment Reduction Reallocation of funds for State Supplement TJPC for employee Thomas Rucker. Personnel Action Form approving the secondary pay was approv ed on Tuesday, September 26 2012 during Commissioners Court. 77 7 ._.r_».. }r !Prepared, =B Y . - "' ;;. "f'nnml 4�Dates, =. '9/26 —- ---- -- -� -- ---. -- ----- —�;�- �� .� Count► Jud4efApproval:. _ � -:1 k_ _.. _� .. ... Dat - —' BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12113 - 1.6 Vol. rg. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12/13 - 1.7 .. ...• . - .ai�h Prepated)-p- " .9/2712 U12; BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12113 - 1.8 FUND 0100 0100 0100 0100 0100 DIV 11000500 11000100 11000100 11000100 11000100 ACCT 51820000 51300000 51610000 51640000 53100000 53200000 53800000 53900000 PROJ DR/CR CR DR DR DR DR DR DR DR ACCOUNT NAME Merit ?ay Sala - Staff Hourly - Staff Hourly - Temporary Social Security Retirement Worker's Comp Unem to ment Increase 1,483.00 1,065.00 1,089.00 278.00 333.00 14.00 11.00 Decrease 4,273.00 0100 0100 11000100 11000100 0100 11000100 Non-Departmental and Commisserions Court Reallocation of funds to cover merit award for ersonnel. artmentApproval Date _ . - - - -- ._ ... .. - ....... Prepared. Or rinm D ate: __- - -.. ..- ._9/27/20 _ _. _.. -..�.. _...__.___.__. -... ,- ._._._ _ _._ ...:;.- - -. -.• _ County_ Judge Approval BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12113 1.9 1D partment A PFqKaj-._ Da... -P lPrepar6d By.' nnmi ;Date: 9/27/2012! D�t ',qqqq e 9 ty_4ud APP!9Y;!I,-... 1 — . BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12/13 - 1.10- FUND DIV ACCT 51820000 51610000 53100000 53200000 53800000 53900000 PROJ DR/CR CR DR DR DR DR DR ,v ACCOUNT NAME Merit Pay Hourly - Staff Social Security Retirement Worker's Comp Unemployment Increase 835.00 64.00 109.00 3.00 3.00 Decrease 1,014.00 0100 0100 0100 0100 0100 0100 11000500 12500100 12500100 12500100 12500100 12500100 Non-Departmental and Risk Management Reallocation of funds to cover merit award for ersonnel. DepartnentApproval� Date - - 3P'repared:.By _ _ hnm , Date;....:... - - ....._- :':_ 9127/20/21 Cot ty Judge Approval �__...._:.. _....... . _. . Da ; �� <<1 A�" BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12113 Date_ __...._._.._._ ..... 'Department Approval ,Prepared By: nnm?, 912712012; _ .Date: ,CountyJudge.Approval _ -_: __...__ -._- � � a -- -.�•._ .._: Ll BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12/13 - 1.12 FUND 0100 DIV 11000500 15000100 ACCT 51820000 51300000 53100000 53200000 53800000 7iDR /CR R R R DR ACCOUNT NAME Merit Pa Sal - Staff Social Security Retirement Worker's Com Unemployment Increase 1,754.00 134.00 229.00 .00 5.00 5 Decrease 2,128.00 0100 0100 15000100 0100 0100 15000100 15000100 0100 15000100 53900000 DR Non-Departmental and Human Resources Reallocation of funds to cover merit award for ersonnel. 1 �DepathnentApprov_a!_�__.�_... ,_ . 'Date Prepared.ey: nnm ;Date'" L 9/27/2012 IJ ;Conn Judge.App_.roVal _�__. _.____ _ .._:. _. _: -. -- . __...4a Vol, -- Adz- r'g 1_61 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12113 - 1.13 • A IA /A/ A 7 ,----- =--- rte:--- � - -: - : - - -- -- �-- - -:��. 'Department`'APProval�� - -- - _- Dates=- .�.;.. 1 Prepared: By: "rinm Date: Date 'Coh J' dcteAPProval =r_.__ - - -._- _.�:r,_.._.... t ACCT 51820000 51300000 53100000 53200000 53800000 53900000 PROJ DR/CR CR DR DR DR DR DR .v s ACCOUNT NAME Merit Pay Sala - Staff Social Security Retirement Worker's Comp Unemployment Increase 1,148.00 88 150.00 4.00 4.00 Decrease 1,394.00 FUND DIV 0100 11000500 0100 0100 16500100 16500100 0100 0100 0100 16500100 16500100 16500100 Non - artmental and Purchasin Reallocation of funds to cover merit award for ersonnel. ,----- =--- rte:--- � - -: - : - - -- -- �-- - -:��. 'Department`'APProval�� - -- - _- Dates=- .�.;.. 1 Prepared: By: "rinm Date: Date 'Coh J' dcteAPProval =r_.__ - - -._- _.�:r,_.._.... t BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12113 - 1.14 , DepartmentApproval_ Date - +;Prepared.By: nnm ..._ ;Date: _..._ ._ - -- - ;County Judge Approval _ ____ _ V� Q!. Flo — t'g- I BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12/13 - 1.15 FUND DIV ACCT 51$20000 51300000 51610000 51615000 PROJ DR/CR CR DR DR DR DR DR DR DR 1 V /L7LU 1 G ACCOUNT NAME Merit Pa Sala - Staff Hourly - Staff Hourly - Law Enforcement Social Security Retirement Worker's Comp Unemployment Increase 3,915.00 ,2 .00 6,20022.00 6 1,330.00 2,68.00 161.00 1 52.00 Decrease 21,196.00 0100 0100 0100 11000500 18000100 18000100 0100 18000100 0100 18000100 53100000 0100 0100 0100 18000100 18000100 18000100 53200000 53800000 53900000 Non-Departmental and Coun Attorne Reallocation of funds to cover merit award for peisonne l. I ,Prepared By,: mm. ,Date: .... _ . _ .... _ . 9127/2012 i Department Approval Date vo(, Fa- 16 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12113 - 1.16 _epwtrRq. Appr-oy!!"- Date. - Prepared BY: !Inmi A bate: 9!2112012: ----------- - 9!q Count - Approva l -- Vol— rg 145�1-515-- BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12113 - 1.17 FUND 0100 0100 DIV 11000500 19010000 ACCT 51820000 51610000 PROJ DR/CR CR DR DR DR DR DR Merit Pa Hourl - Stal Social Secur Retirement Worker's Co Unem to m 0100 0100 0100 0100 19010000 19010000 19010000 19010000 53100000 53200000 53800000 53900000 Non -De artmental and - DA- Child Protective Service Reallocation of funds to cover merit award for ersonnel. �P.repo[ed By: n M: __ Date ounty'Judge A� BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12113 - 1.18 49%1-%i 9 1p re a By." nh(hi bali X 9/27/2012 , 2 Vol. _Iewl Pg Id 7-- BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12113 - 1.19 _.� BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12113 - 1.20 prepgred By:: �nnmi qak-APP. roy ; Vol. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12113 - 1.21 ;Prepared i3Y*. hnm.. . .1 bme: 9/27/2012 Date 1 , ntyvj.4qoud w e BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12113 - 1.22 Prepared By: nnmi. 9/2712012; Vol. 171 p_qpkF"!!q.Approvid' BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12/13 - 1.23 ;County _._. __..- ._ -•_ -- ...___... ��..._, ....._. ._ _ . Date - - - Department Approval -. -.. - - Prepared By: nnm ;Date: 9127/2012; BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12113 - 1.24 FUND 0100 0100 DIV 11000500 24201200 ACCT 51820000 51610000 PROJ D CR DR DR DR DR DR Merit P, Hourl - Social S Retiremc Worker'! Unem 11 0100 0100 0100 0100 24201200 24201200 24201200 24201200 53100000 53200000 53800000 53900000 Non -De p artmental and Justice of the Peace # 2.2 on of funds to cover merit award for ersonnel. R ;Department.A y; -. Date ...... _. ;Prepared By: nnm - Date: 9127/2012 _.. .._._.._ - _ Z S Judge Approval �.. . BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12113 - 1.25 _BRAZOS- COUNTY, TEXAS BUDGET AMENDMENTS No. 12113 - 1.26 10 FUND 0100 0100 0100 0100 0100 0100 DIV 11000500 24401100 24401100 24401100 24401100 24401100 ACCT 51820000 51610000 53100000 53200000 53800000 53900000 PROJ D CR DR DR DR DR DR Merit Pa Hourl - Social Se Retireme Worker'S Unem la Non -De artmental and Justice of the Peace # 4. Reallocation of funds to cover merit award for ersonnel. T ---'- '." ,De Pa'en't•:Approval nn �Date�> 7 'x'5 /-7/20 i 12 _ �--_ .� - - ; , _ --- --�,— T , -- -,.— ------ . --'- -Z 4, 4 4 , �Counfy .Jud ge,�Ap Provali�_ ..r`•;�•+. <a = + ,,. D:, e L _ Prep are'd' By' 4i.r -:� ; ,• , �.. ... Date: 9% 2712U:1`2 -F — — ...__BRAZOS_ COUNTY, TEXAS BUDGET AMENDMENTS No. 12113 - 1.27 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12M3 1.28 DAtb- -qv 1 . pj!pa 6 t ,A P! ..: oval atd: t144""pprgyal Vol. F ' n D nniii rtpare f , _._9/ 2 . 7 / 201 ` 2 I D Vol.._ /_6 F ) g, BRAZOS.COUNTY, TEXAS BUDGET AMENDMENTS No. 12/13 - 1.29 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12113 - 1.30 FUND DIV ACCT PROJ DR/CR CR DR DR DR DR DR DR IV /LiLV IL ACCOUNT NAME Merit Pa Hourl - Staff Hourl - Law Enforcement Social Security Retirement Worker's Comp Unem to ment Increase 835.00 2, 401.00 248.00 422.00 12.00 10.00 Decrease 3,928.00 0100 11000500 51820000 0100 30401 100 51610000 51615000 53100000 53200000 53800000 0100 0100 0100 30401100 30401100 30401100 0100 30401100 0100 30401100 53900000 Non-Departmental and Constable Pct. #4 Reallocation of funds to cover merit award for ersonnel. i - --- - -- _ - - - Date - - ;Dgpattment Approval ... -- - -_ -- ._'...._.. _ _ ... � -- - 1Prepared By: nnm! _Date _ _ _ _...__. 912712012' _. Z Da e - !County Judge Approval VO L l l - P9 171 BRAZOS.COUNTY, TEXAS BUDGET AMENDMENTS No. 12113 - 1.31 ent 'Di -no pproy-a dB ryi ' Prep�re y- nn gfVf2bi2i -ID BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12/13 - 1.32 101 FUND 010 0 0100 DIV 11000500 31000200 ACCT 51820000 51300000 4 PROJD /CR R R R DR DR DR DR Merit Pa Saral Sta Hourl -S Social Sec Retiremer Worker's Unem lo 0100 0100 31000200 31000200 51610000 53100000 0100 0100 0100 31000200 31000200 31000200 53200000 53800000 53900000 Non -De artmental and Juvenile Administration - Detention Reallocation of funds to cover merit award for ersonnel. :Prepared By: nnm 9/27/2012 ;Department Approval _ .... _ Date _. --- -. _BRAZOS. COUNTY, TEXAS _ BUDGET AMENDMENTS No. 12113 - 1.33 •nln nn4f FUND 0100 0100 0100 DIV 11000500 31000300 31000300 ACCT 51820000 51300000 53100000 53200000 53800000 53900000 PROJ DR/CR CR DR DR DR DR DR ,v ACCOUNT NAME Merit Pa Saral Staff Social Security Retirement Worker's Comp Unemployment Increase 1,483.00 114.00 194.00 2.00 4.00 Decrease 1,797.00 0100 0100 0100 31000300 31000300 31000300 Non-Departmental and Juvenile Administration - Academ Reallocation of funds to cover merit award for ersonnel. l �z wi ' I vci� BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12/13 - 1.34 _RWQ5 COUNTY, TEXAS BUDGET AMENDMENTS No. 12/13 - 1.35 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12113 - 1.36 FUND 0100 0100 3000 3000 3000 3000 3000 3000 DIV 11000500 312100 312100 312100 312100 312100 ACCT 51820000 91320000 49028000 51200000 53100000 53200000 53800000 53900000 PROJ DR/CR CR DR CR DR DR DR DR DR IV ACCOUNT NAME Merit Pay Transfer to Grant Fund Transfer from General Fund Sal Dept. Head Social Securi Retirement Workers Comp Unem 1. Increase 2,731.00 2,731.00 2,255.00 172.00 294.00 3.00 7.00 Decrease 2,731.00 Non-Departmental and Juvenile Administration - TJPC State Aid Grant Reallocation of funds to cover merit award for ersonnel. � De gppp i nt A royal' Prepahed.By,: norm :Date: g/27/2012+ __ .-___..__ ._- ------ ... County 'e App _ �_... Date Vol. ,Pi*p4r,ed'BY? ph'"M 012i vc BWOS COUNTY, EXAS BUDGET AMENDMENTS No. 12113 - 1.37 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12113 - 1.38 II /A /AAAA FUND 0100 0100 0100 0100 0100 0100 0100 DIV 11000500 36000100 36000100 36000100 36000100 36000100 36000100 ACCT 51820000 51300000 51610000 53100000 53200000 53800000 53900000 PROJ DR1CR CR DR DR DR DR DR DR ,v ACCOUNT NAME Merit Pay Sal Staff Hourl Staff Social Security Retirement Worker's Comp Unemployment Increase 2,952.00 628.00 274.00 467.00 14.00 11.00 Decrease 4,346.00 Non -De artmental and Ex o Reallocation of funds to cover merit award for personnel. nnrii 1Date ';'917/2012 IV 0 __._...BRAZOS COUNTY,.TEXAS BUDGET AMENDMENTS No. 12113 - 1.39 FUND 0100 0100 0100 0100 0100 0100 0100 DIV 11000500 37000100 37000100 37000100 37000100 37000100 37000100 ACCT 51820000 51610000 51630000 53100000 53200000 53800000 53900000 PROJ DRICR CR DR DR DR DR DR DR ACCOUNT NAME Merit Pay Hourl Staff Hourly Part Time Social Security Retirement Worker's Comp Unemployment Increase 773.00 13,447.00 1,088.00 1,856.00 6.00 43.00 Decrease 17,213.00 Non-Departmental and Extension Agenc Reallocation of funds to cover merit award for personnel. In addition to this reallocation, $15,489 of the $17,213 was due to a miscalculation during FY 13 Bud et Pre aration. Prepay d:;By : nnm _5L/2L7/2012 -- BRAZOS. CO U NTY,.TEXAS. BUDGET AMENDMENTS No. 12/13 - 1.40 FUND 1900 DIV 50000100 ACCT 51820000 51610000 PROJ DR/CR CR DR ,v .� ACCOUNT NAME Merit Pay Hourly Staff Increase 918.00 Decrease 1,115.00 1900 50000100 DR. DR DR DR Social Security Retirement Worker's Com Unemployment 0.00 1220.00 4.00 3.00 1900 50000100 53100000 1900 50000100 53200000 1900 1900 50000100 50000100 53800000 53900000 Records - Management Fund Reallocation of funds to cover merit award for ersonnel. P'-k. red`By, t '� nnm fDate^ `'`9/2712 FCou Judiie.Aaaroval. F _.1� _ f'g. /_. -- — - — - -- - - - - -- BRAZOS COUNTY, TEXAS. - - - - BUDGET AMENDMENTS No. 12/13 - 1.41 FUND 0100 DIV 11000500 ACCT 51820000 51300000 51610000 53100000 53200000 53800000 53900000 PROJ DR/CR CR DR DR DR DR DR DR ACCOUNT NAME Merit Pay Sala Staff Hourly Staff Social Security Retirement Workers Comp Unem to ent Increase 3,195.00 21,280.00 1,872.00 3,861.00 861.00 74.00 Decrease 30,476.00 0100 56001000 0100 56001000 0100 56001000 0100 0100 56001000 56001000 0100 56001000 Non-Departmental and Road & Bridge Reallocation of funds to cover merit award for ersonnel. , =i" BRAZOS COUNTY, TEXAS.__ BUDGET AMENDMENTS No. 12113 - 1.42 ­­­An vo n. 4 rg; _ BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12113 - 1.43 - - - -�- "--�— - -� itirient Prepared :6y >' D ate: 'fCoun Vol. 1.6- �- r3g, _ BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12113 - 1.44 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 0100 0100 14000100 14000100 14000100 51300000 51610000 53300000 CR CR CR Salary Staff Hourly Staff Employee Health Insurance 6,916.00 19 965.00 11446.00 0100 14000100 71030000 DR Em to ment Services 28,327.00 Information Technolo Reallocation of funds to support the hiring of temporary employees through a Temp Agency for 320 hours per position. The positions that will be advertised are the following: AV - Technician, class code 1235 position 1; Prog/Analyst - IT, class code 1217 position 1; Prop-/Analyst - IT, class code 1217 position 2; and Network Technician, class code 1231 position 1. ;Date: ° .�. , ;' M 9127/20:12 � �V'�. �� Ongn D te 12 /2012 ,. a _j_L_ , . BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12113 - 1.45 .1 n mi Inn'l .2 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12113 - 1.46 4nmi FUND DIV ACCT 0100 36000100 51200000 0100 36000100 51640000 0100 36000100 51730000 R1CR ACCOi CR Sala - Dept Head DR Hourly Tem DR Cell Phone Allowance Increase I Decrease 21,346.00 21.250.00 (Reallocation of funds due to Ptepared:;By: '' r ' :',; , . ,nnm D ate: =} `v 1 ' ti = ;9`27120124 E Vol. �� L pg.-.,/ 9✓ `� BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12/13 - 1.47 inntgnii FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 1100 11002600 51300000 CR Salary Staff 31864 ' 00 1100 11002600 60170000 CR Copier/Printer/Fax Supplies 300.00 1100 11002600 60315000 CR Event Supplies 2,500.00 1100 11002600 60360000 CR Furniture 100.00 1 100 11002600 60440000 CR Janitorial Supplies 2,000.00 1 100 11002600 60500000 CR Office Equipment 50.00 1 100 11002600 60600000 CR Office Supplies 100.00 1100 11002600 60620000 CR Postage 50.00 1100 11002600 61110000 CR Conference 400.00 1100 11002600 61500000 CR Printing 200.00 1 100 11002600 61730000 CR Telephone - Long Distance 50.00 1100 11002600 61740000 CR Telephone 2 000.00 1100 11002600 61801000 CR Travel 300.00 1100 1 1002600 61880000 CR Utilities 10 942.00 1100 11002600 65050000 CR Building Maintenance 2,500.00 1100 11002600 65250000 CR Diesel 1,000.00 1 100 11002600 65320000 CR Equipment - Maintenance 2 1100 11002600 65350000 CR Gasoline 1,200.00 1100 11002600 65400000 CR Grounds Maintenance 500.00 1100 11002600 65750000 CR Small Tools 100.00 11001 11002600 65950000 CR Vehicle Maintenance 500.00 1100 11002600 67286000 CR Equipment - Other 500.00 1100 11002600 71500000 CR Rental Equipment 1,000.00 1100 1 1002600 71701000 CR Solid Waste-Hauling 2 1100 11002600 51200000 DR Salary Dept Head 25 975.00 1100 11002600 51730000 DR Cell Phone Allowance 384.00 1100 11002600 53100000 DR Social Security 1,722.00 1100 11002600 53200000 DR Retirement 2 1100 11002600 53300000 DR Employee Health Insurance 2,940.00 1100 11002600 53320000 DR Employee Dental Insurance 42.00 1100 110026001 53800000 DR Worker's Comp 88.00 1100 11002600 1 53900000 DR Unemployment Insurance 69.00 HOT FUND Reallocation of funds due to de artment reclassifying p osition. 'Department Approval Date .Prepared By: nnm __ -- Date: 9/27/2012 County Judge Approval Date_ . PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: October 2, 2012 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Change Requests Department Submitting Employee Request Action Requested Request(s) Applies To DA Carter, Melissa Budget Change Johse, Michael Budget Change Ponzio, Kristie Budget Change Rogers, James Budget Change Turner, Bill Budget Change Drug Court Banks, Amy Zachary, Dana Budget Change Budget Change Expo Boeker, Travis Other Cammack, Lonnie Budget Change Kolbe, Clarence Promotion Lockhart, Fiona Transfer Win Dept. Quarles, Thomas Budget Change IT Iselt, Ericka McNeil, Stephen Wolfe, Matt Tax Office Treasurer Approved in Commissioners' Court: County Judge's or Commissioner's Si (This Copy to be attached to minutes) Taylor, Patricia Tijerina, Sonya Promotion Resignation Promotion Budget Change New Hire Davis, Laura Budget Change Sweeney, Ruth Transfer w /in Dept. fiber 2. 2012: atur xr l / G I)�. 97_ - ^ ": - = �iq7? ;iT'W.4?� ?.�; - . •• "x�''t - .'ifz11:'h -. ?u�f`:::'Y:: a:_:. �i: ?�n.:•;•v?.- •t`M:S „ -;. - ;•qv+•..�.- y:p•,;•• Brazos County Purchasing Department Weekly Update 9/21/12 — 9/27/12 Number of PO's Processed: 3 Requisitions Completed: 1 Capital Payments: 3 Projects In Progress Construction Courthouse: Phase III - Currently working on detention area on • 1 floor o Floor:finishes and painting - Currently working on mechanical yard in courtyard area o Installing Chillers and generator - Elevator in progress o Pouring slabin basement o Installing .framework Bids /. RFP's/ RFQ's RFQ for MPO RFQ for Surveyor RFQ for Tax Office Architect Poly Jute Inmate Telephone Services. Employee Insurance Janitorial and Cleaning Supplies Collection of Fines and.fees' Road Signs and Sign Posts Mail Service Contract Renewals Culverts Seal Coat Indigent Juvenile Defense Sheriffs Office Uniforms Solicita of Quotes Benches for Magistrate Courtroom AN for Magistrate Courtroom - Evaluation Responses - Evaluating Responses - Evaluation Responses -Dept. reviewing specs -Legal Reviewing Contract - Awarded in Court 9/18 -Specs in Progress - Proposals due 9/18 - Permission to Adv. 10/9 - Awarded in court 9/25 - Awarded in Court 9/25 - Awarded in Court 9/25 - Awarded in Court 9/25 -Court approval 10/2 -Court Approved 7/24' - Solicitation in progress I i - Other Auction - Purchasing is accepting surplus items from Departments Purchasing Policy - Reviewing and revising policy Assets - Period 11 is complete 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 has started. 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 A 2 Duane Pe ters Date CountyJudge Pq