Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
2012-10-16-10:00AM-REGULAR SESSION
° i L_ Z91Z PICT 12 P 3. 10 NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON OCTOBER 16, 2012 AT 10:00 AM IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVE., SUITE 106, BRYAN, TX 77803 1. Invocation and Pledge of Allegiance - Chaplain G.H. Jones and Commissioner Mallard 2. Call for Citizen input and /or concerns. Consider and take action on agenda items 3 - 32: I Submission of the 2012 Brazos County Tax Roll forapproval by aoverning bod.V oer Seca 26.09 (e) of the Texas Property Tax Code, 4. Proclamation # 12 -026 honoring Roy Kelly. 5., Resolut # 12-011 authorizing the submission of a grant application for the Bra County Drug Court. M 7, Modified holiday schedule -for Road and Bridge Employees. g„ w est from the Sheriff's Office for an exemotlon to the section 2,03A & 2 03 5 of the Brazos County Personn Policy Manual allowing employees to take holiday leave up to 180 days after the holiday. g. Request approval of new Brazos Center Rental Rates 10.. Reclassification for the following position at the MPO: 11: Reclas sification for the following positions In_the Sheriff's Office effective Octo 13.2012: Vol.—/6 Pg.- BPAZOS COUNTY BRYAN;TEXAS • a Decrease Patrol Deputy Class Code 1415 Position 4 Group 21 Step 13 to Group 21 Step 3 Pay Code 026 • b Increase Patrol Deputy Class Code 1415 Position 20, Group 21 Step 6 to Group 21 Step 7. Pay Code 026 • c. Increase Patrol Deputy Class Code 1415 Posltlon 3. Group 21 Step 13 to Group 21 Step 14, Pav Code 026 • d Increase Patrol Deputy Class Code 1415 Position 17, Group 21 Step 6 to Group 21 Step 7, Pay Cade 026 • . e Increase Patrol Deputy Class Code 1415 Position 21, Group_ 21 Step 4 to Group 21 Step 5, Pay Cod 026 • f Increase Patrol Deputy Class Code 1415 Position S. Group 21 Step 10lo Group 21 Step 11, Pay Code 026 . p increase Patrol Deputyl Class Code 1415 Position 18, Group 21 Step 2 to Group 21 Step 3: Pav Code 026 • h Increase Patrol Deputy Class Code 1415 Position 2, Group 21 Step 10 to Group 21. Step 11. Pay Code 026 • I Increase Patrol Deputy Class Code 1415 Position 19 Group 21 Step 6 to Group 21 Step 7 Pav Code 026 • I Increase Patrol Deputy Class Code 1415 Position 5. Group 21 Step 2 to Group 21 Step 3. Pay Code 026 • k Increase Patrol Deputy Class Code 1415 Position 6 Group 21 Step 2 to Group 21 Step 3 Pay Code 026 • is Decrease Patrol Deputy. Class Code 1415 Posltlon 15, Group.21 Step 5 to Grouo 2_1 Step 3. Psv Code 026 • _m Increase Patrol Seraeant Class Code 1424 Position 1, Group 25 Step 5 to Group 25 Step 6, Pav Code 026 • n Decrease Patrol Deputy Class Code 1415 Position 1, Group -21 Step 6 to Group 21 Step 3. Pav Code 026 o Increase Patrol Seraeant Class Code 1424 Position 2 Group 25 Step 5 to Group 25 Step 6 Pay. Code 026 • p Increase Special Services LT Class Code 1426 Position 1. Group 31 Step 7 to Group 31 Step S. Pay Code 026 • a Decrease Patrol Deputy Class Code 1415 Position , 13. Group 21 Step 5 to Group 21 Step 3, Pay Code 026 • r Increase Criminal Inv. LT Class Code 1420 Position 1. Group 31 Step 2 to Group 31 Step 3. Pay Code 026 • s Decrease Patrol' Deputy. Class Code 1415 Position 10, Group 21 Step 6 to Group 21 Step 3. Pay Code 026 • t Increase Patrol LT Class Code 1411 Position 1 Group 31 Step 2 to Group 31 Step 3,.Pay Code 026 • u Increase Patrol Seraeant Class Code 1424 Position 3. Group 25 Step 3 to Group 25 Step 4, Pay Code 026 • v Decrease Telecommunications Officer, Class Code 1444 Position 2, Group 14 Step 10 to Group 14 Step 4. Pay Code 014 • w Increase Telecommunications Officer Class Code 1444 Position 3. Group 14 3 to'Group 14 Step 5. Pay Code 014 • x Increase Telecommunications Officer Class Code 1444 Position 6. Group 14 Step 2 to Group 14 Step 4. Pay Code 014 12 Reclassification for a position located In the Brazos County Jail effective October 16 2012 There is no fiscal impact on the FY 13 Budaet. • a Delete Correctional Health Prof - SO. Class Code 1509 Position 7. Group 19 Step 2 Pay. Code • b Create Correctional Health Prof /EMT - SO Class Code 1510 Position 3. Group 17 Step 6. Pad[ Code 014. 13. Vol. __ / G y P9. Z — 14. 15. Payment Authorization to Twin City Coffee Service In the amount of $122.85 for coffee needed for victims/witnesses here for trial and grand lurors: a purchase order was not obtained In advance. 16. Cons and take action on a proposed grant of a ten foot easement along with a damage waiver to BTU for the supply of electric service to the anticipated Brazos County Tax Office. 17, Consider and take action on the award of contract with Brown, Reynolds, Watford (BRW, Inc.) for the 'RFO # 2012 -34 pr fessional architectural services for the design of the new Brazos County Tax Office., 18, Indigent Care Affillatlon Agreement between Brazos County and M. Joseph Regional Health Center. 1 9, Funding Agreement with South Brazos County Fire Department, Inc. for FY 2013. 20, Lease Agreement with the Brazos County Emergency Service District #1 for the purpose of a substation of the Brazos County Sheriffs Office In southern Brazos County. Texas. 21, Amendment of contract with -Victoria County for Detention Services for luvenlles to include Article XXIII - Prison Rape Elimination Act. 22'. Amendment of contract With Victoria County for Residential Services for juveniles to Include Article XXIII - Prison Rape Elimination Act. 23, R�guisition # 00040132 to N Llne Traffic Maintenance In the amount of S28,400.00 for the County Enalneer to purchase two'messaae boards.. 24. Regulsition # 00040125 to the Green Team In the amount of $5,462.60 for the Installation of an automatic irrigation system at the Courthouse 25. 26. 27. 'Tax Refund Applications for the following: • a Darryl & Rebecca Penshom- overpayment- $17.07 • b. Colleen Stringfellow- over6ayment -$8.65 • c Richard & Sandra Hawkins - overpayment- $229.50 • d- Alton Boyd & Lauri Sorell- 6verpayment- $212.43 • e Adrian Michael Thomas - o4erpayment- $37.57 28. Budget Amendments. Budget Amendments FY 11/1251.1 thru 51.15 Budaet Amendments FY 12/13 3.1 thru 3.3 29. Personnel Change of Status. Personnel Action Forms W i 30. Payment of Claims. 31. Convene into Executive Session:- pursuant to Section 551.0785 for deliberation involving medical or psychiatric records of county employee(s). Vol: / � 9_ P9.3-- 32. Consider and possible action on the Executive Session. 33. Acknowledgement of monthly reports subrnitted In September 2012. 34 . Acknowledgement of the Brazos County Expo Fourth Quarter Sales & Marketing Report. 35 . Acknowledgement of the Brazos County Purchasing Department Update for October 4 - 11.2012. 36. Sheriff's report on inmate population. 37. Announcement of interest items and possible future agenda topics. 38. Call for Citizen input and /or concerns. 39. Adjourn. Vol.. pg. � — a� 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 it 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 AG ? 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 necessarfly represent the religious beliefs or views of the Court in part or as a whole. No member of the community is required to attend or participate in the invocation and such decision will have no impact on their right to actively participate In the business of the Court. The Commissioners Courtroom of the County Administration Building, 200 South Texas Ave., Suite 106, Bryan, TX 77803' is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two working days before the meeting. To make arrangements, please call (979) 361 -4102. / �t. Sr.. Vol. �� Pa ..� [dI1 Iii 1 2 P 3: 42 NOTICE OF ADDENDUM BRAZOS COUNTY COMMISSIONERS COURT In addition to the regular agenda, the Commissioners Court will consider and take action on the following item(s): MEETING October 16, 2012 DATE: MEETING 10:00 AM TIME: MEETING Commissioners Courtroom of the County Administration PLACE: Building, 200 South Texas Avenue, Suite 106, Bryan, Texas Agenda 1 Reguest from Constable Pct 2 for access to TLO Systems and aooroyal of Acceptable Use Reaulrements for Law Enforcement and Amendment. The Commissioners Courtroom of the County Administration Building, 200 South Texas Avenue, Suite 106, Bryan, Texas 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. /L 9 Pg. � ._ — BRAZOS COUNTY BRYAN,TEXAS BRYAN,TEXAS MINUTES October 16, 2012 BRAZOS COUNTY COMMISSIONERS COURT REGULAR MEETING LO Signature Paaemdf !0 File Stamped Aaenda.pdf File Stamped Addendum.pdf Sian in sheet.pdf A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Brazos County Commissioners Courtroom in the Administration Building, 200 South Texas Avenue, in Bryan, Brazos County, Texas, beginning at 10:00 a.m. on Tuesday, October 16, 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, Absent; Kenny Mallard, Commissioner of Precinct 3; Irma Cauley, Commissioner of Precinct 4; Karen McQueen, County Clerk. The attached sheets contain the names of the citizens and officials that were in attendance. 1. Invocation and Pledge of Allegiance - Chaplain G.H. Jones and Commissioner Mallard 2. Call for Citizen input and /or concerns. There was no citizen input. Consider and take action on agenda items 3 - 32: Vol... - �— P9' '7 —.. BRAZOS COUNTY 3. Submission of the 2012 Brazos County Tax Roll for approval by governing body per Sec. 26.09 (e) of the Texas Property Tax Code. Item lodf Motion: Approve, Moved by Commissioner Lloyd Wassermann, Seconded by Commissioner Kenny Mallard. Passed. 4 -0. Members voting Aye: Cauley, Mallard, Peters, Wassermann . Members Absent: Catalena . 4. Proclamation # 12 -026 honoring Roy Kelly. Item 4.)d A copy is attached Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Kenny Mallard. Passed. 4 -0. Members voting Aye: Cauley, Mallard, Peters, Wassermann . Members Absent: Catalena. 5. Resolution # 12 -011 authorizing the submission of a grant application for the Brazos County Drug Court. 1 ..�- Item 5.odf The Court designated the Director of the Brazos County Community Supervision and Corrections Department as the authorized official for this grant. A copy is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 4 -0. Members voting Aye: Cauley, Mallard , Peters , Wassermann. Members Absent: Catalena. 6. Resolution # 12 -012 authorizing Brazos County to submit a grant application for and participate in the 2013 Indigent Defense Formula Grant Program. Item 6.odf The Court ordered that the County Judge of this county is designated as the Authorized Official to apply, for, accept, decline, modify, or cancel the grant application for the Indigent Defense Formula Grant Program and all other necessary documents to accept said grant. A copy is attached. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Kenny Mallard. Passed. 4 -0. Members voting Aye: Cauley, Mallard, Peters, Wassermann . Members Absent: Catalena . 7. Modified holiday schedule for Road and Bridge Employees. Item 7.odf A copy is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 4 -0. Members voting Aye: Cauley, Mallard, Peters, Wassermann. Members Absent: Catalena. 8. Request from the Sheriff's Office for an exemption to the section 2.03.4 and 2.03.5 of the Brazos County Personnel Policy Manual allowing employees to take holiday leave up to 180 days after the holiday. I D Item 8.odf The County Judge suggested Sheriff's Office employees could take the holiday leave up to 150 days after the holiday or lose it. He then made it part of his motion to approve. A copy is attached. Vol.._._ /__ Pg.._ `. Motion: Approve w/ Conditions, Moved by Commissioner Kenny Mallard, Seconded by Commissioner Irma Cauley. Passed. 4 -0. Members voting Aye: Cauley, , Mallard, Peters, Wassermann . Members Absent: Catalena . 9. Request approval of new Brazos Center Rental Rates Item 9.pdf A copy is attached. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Kenny Mallard. Passed. 4 -0. Members voting Aye: Cauley, , Mallard, Peters, Wassermann . Members Absent: Catalena . 10. Reclassification for the following position at the MPO: Item 10.pdf . a. Increase MPO Director, Class Code 2001 Position 1, Group 32 Step 6, Salary of $81,557.28 to Group NA Step NA, Salary of $82,500. A copy is attached. Motion: Approve , Moved by County Judge Duane Peters, Seconded by Commissioner Kenny Mallard. Passed. 4 -0. Members voting Aye: Cauley, , Mallard , Peters , Wassermann. Members Absent: Catalena . 11. Reclassification for the following positions in the Sheriff's Office effective October 13, 2012: Item 11.odf • a. Decrease Patrol Deputy, Class Code 1415 Position 4, Group 21 Step 13 to Group 21 Step 3, Pay Code 026 • b. Increase Patrol Deputy, Class Code 1415 Position 20, Group 21 Step 6 to Group 21 Step 7, Pay Code 026 • c. Increase Patrol Deputy, Class Code 1415 Position 3, Group 21 Step 13 to Group 21 Step 14, Pay Code 026 • d. Increase Patrol Deputy, Class Code 1415 Position 17, Group 21 Step 6 to Group 21 Step 7, Pay Code 026 • e. Increase Patrol Deputy, Class Code 1415 Position 21, Group 21 Step 4 to Group 21 Step 5, Pay Code 026 • f. Increase Patrol Deputy, Class Code 1415 Position 8, Group 21 Step 10 to Group 21 Step 11, Pay Code 026 • g. Increase Patrol Deputy, Class Code 1415 Position 18, Group 21 Step 2 to Group 21 Step 3, Pay Code 026 • h. Increase Patrol Deputy, Class Code 1415 Position 2, Group 21 Step 10 to Group 21 Step 11, Pay Code 026 • i. Increase Patrol Deputy, Class Code 1415 Position 19, Group 21 Step 6 to Group 21 Step 7, Pay Code 026 . j. Increase Patrol Deputy, Class Code 1415 Position 5, Group 21 Step 2 to Group 21 Step 3, Pay Code 026 . k. Increase Patrol Deputy, Class Code 1415 Position 6, Group 21 Step 2 to Group 21 Step 3, Pay Code 026 . I. Decrease Patrol Deputy, Class Code 1415 Position 15, Group 21 Step 5 to Group 21 Step 3, Pay Code 026 . m. Increase Patrol Sergeant, Class Code 1424 Position 1, Group 25 Step 5 to Group 25 Step 6, Pay Code 026 . n. Decrease Patrol Deputy, Class Code 1415 Position 1, Group 21 Step 6 to Vol. �r��_ P9..�.. —. Group 21 Step 3, Pay Code 026 • o. Increase Patrol Sergeant, Class Code 1424 Position 2, Group 25 Step 5 to Group 25 Step 6, Pay Code 026 • p. Increase Special Services LT, Class Code 1426 Position 1, Group 31 Step 7 to Group 31 Step 8, Pay Code 026 • q. Decrease Patrol Deputy, Class Code 1415 Position 13, Group 21 Step 5 to Group 21 Step 3, Pay Code 026 • r. Increase Criminal Inv. LT, Class Code 1420 Position 1, Group 31 Step 2 to Group 31 Step 3, Pay Code 026 • s. Decrease Patrol Deputy, Class Code 1415 Position 10, Group 21 Step 6 to Group 21 Step 3, Pay Code 026 • t. Increase Patrol LT, Class Code 1411 Position 1, Group 31 Step 2 to Group 31 Step 3, Pay Code 026 • u. Increase Patrol Sergeant, Class Code 1424 Position 3, Group 25 Step 3 to Group 25 Step 4, Pay Code 026 • v. Decrease Telecommunications Officer, Class Code 1444 Position 2, Group 14 Step 10 to Group 14 Step 4, Pay Code 014 • w. Increase Telecommunications Officer, Class Code 1444 Position 3, Group 14 Step 3 to Group 14 Step 5, Pay Code 014 • x. Increase Telecommunications Officer, Class Code 1444 Position 6, Group 14 Step 2 to Group 14 Step 4, Pay Code 014 Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner Irma Cauley. Passed. 4 -0. Members voting Aye: Cauley, Mallard , Peters , Wassermann. Members Absent: Catalena . 12. Reclassification for a position located in the Brazos County Jail effective October 16, 2012. There is no fiscal impact on the FY 13 Budget.a. Delete Correctional Health Prof - SO, Class Code 1509 Position 7, Group 19 Step 2 Pay Code 014b. Create Correctional Health Prof /EMT - SO, Class Code 1510 Position 3, Group 17 Step 6, Pay Code 014. tom- Item 12.pdf Class 1509 Position 7 Correctional Health Professional (Group 19, Step 2) be reclassified as Correctional Health professional -EMT Class 1510. Motion: Approve, Moved by Commissioner Lloyd Wassermann, Seconded by Commissioner Kenny Mallard. Passed. 4 -0. Members voting Aye: Cauley, Mallard, Peters , Wassermann . Members Absent: Catalena . 13. Permission for Out of State travel for Bill Turner and Brian Baker. Both were asked by the Criminal Justice Council in Delaware to speak at the Capital Case Litigation Conference on October 18, 2012. All expenses will be reimbursed by the Criminal Justice Council. Item 13.odf Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 4 -0. Members voting Aye: Cauley , Mallard , Peters , Wassermann. Members Absent: Catalena . 14. Payment Authorization to Enterprise Rent -A -Car in the amount of $908.75 for car rentals for employees that flew to Harlingen, Texas and drove to S. Padre for TDCAA Annual Criminal /Civil Conference; a purchase order was not obtained in advance. Item 14.odf Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by County Judge Duane Peters. Passed. 4 -0. Members voting Aye: Cauley , Mallard , Peters , Vol.. /l 9 P9•� Wassermann . Members Absent: Catalena . 15. Payment Authorization to Twin City Coffee Service in the amount of $122.85 for coffee needed for victims /witnesses here for trial and grand jurors; a purchase order was not obtained in advance. lb Item 15.odf Motion: Approve, Moved by County Judge Duane Peters, Seconded by Commissioner LLoyd Wassermann. Passed. 4 -0. Members voting Aye: Cauley , Mallard , Peters , Wassermann . Members Absent: Catalena. 16. Consider and take action on a proposed grant of a ten foot easement along with a damage waiver to BTU for the supply of electric service to the anticipated Brazos County Tax Office. Item 16.pdf A copy is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 4 -0. Members voting Aye: Cauley , Mallard , Peters , Wassermann. Members Absent: Catalena. 17. Consider and take action on the award of contract with Brown, Reynolds, Watford (BRW, Inc.) for the RFQ # 2012 -34 professional architectural services for the design of the new Brazos County Tax Office. A copy is attached. Motion: Remove, Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 4 -0. Members voting Aye: Cauley , Mallard , Peters , Wassermann . Members Absent: Catalena. 18. Indigent Care Affiliation Agreement between Brazos County and St. Joseph Regional Health Center. Item 18.odf A copy is attached. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Kenny Mallard. Passed. 4 -0. Members voting Aye: Cauley, Mallard, Peters, Wassermann . Members Absent: Catalena . 19. Funding Agreement with South Brazos County Fire Department, Inc. for FY 2013. Item 19.odf Brazos County will fund the South Brazos County Fire Department, Inc. in the amount of $29,000 for Fiscal Year 2012/2013. In return the fire department will provide fire protection services to any person who requests it within the confines of South Brazos County, Precinct 1. A copy is attached. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 4 -0. Members voting Aye: Cauley, Mallard, Peters, Wassermann . Members Absent: Catalena . 20. Lease Agreement with the Brazos County Emergency Service District #1 for the purpose of a substation of the Brazos County Sheriff's Office in southern Brazos County, Texas. Item 20.odf The property is located at 3030 Wingfall street, Millican, Texas 77866. The term of the Vol. _ _ pg._ lease is from October 1, 2012 through September 30, 2013. Brazos County will pay $100 per month to the Brazos County Emergency Service District #1 for the use of the space for the Sheriff's Office. A copy is attached. Motion: Approve, Moved by Commissioner Lloyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 4 -0. Members voting Aye: Cauley, Mallard, Peters, Wassermann . Members Absent: Catalena . 21. Amendment of contract with Victoria County for Detention Services for juveniles to include Article XXIII - Prison Rape Elimination Act. Item 21.r)df A copy is attached. Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner Irma Cauley. Passed. 4 -0. Members voting Aye: Cauley, Mallard, Peters, Wassermann. Members Absent: Catalena. 22. Amendment of contract with Victoria County for Residential Services for juveniles to include Article XXIII - Prison Rape Elimination Act. 0 Item 22.odf A copy is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 4 -0. Members voting Aye: Cauley, Mallard , Peters , Wassermann. Members Absent: Catalena. 23. Requisition # 00040132 to N -Line Traffic Maintenance in the amount of $28,400.00 for the County Engineer to purchase two message boards. Item 23.pdf Motion: Approve, Moved by Commissioner Lloyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 4 -0. Members voting Aye: Cauley , Mallard, Peters , Wassermann . Members Absent: Catalena . 24. Requisition # 00040125 to the Green Team in the amount of $5,462.00 for the installation of an automatic irrigation system at the Courthouse. ED Item 24.odf Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 4 -0. Members voting Aye: Cauley, Mallard , Peters , Wassermann. Members Absent: Catalena. 25. Consider and take action on the request from Bryan Texas Utilities (BTU) to enter County owned property located on Kathy Fleming Road. BTU will survey property for possible switching station location. This work is being performed for the health, safety and welfare of the general public. Site is located in Precinct 1. Item 25.i)df Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 4 -0. Members voting Aye: Cauley, Mallard, Peters, Wassermann . Members Absent: Catalena . 26. Consider and take action on acceptance of Riverstone Subdivision Phase 2 into the Brazos County road maintenance system; the roads (a portion of Riverstone Drive, River Bend Court, River Rock Drive and River Wood Court) and roadway drainage structures are in compliance with the Brazos County Subdivision and Development Regulations. Vol. / � .7— P9 . Z.2- — Site is located in Precinct 2. 0. Item 26.odf Motion: Approve, Moved by Commissioner Lloyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 4 -0. Members voting Aye: Cauley, Mallard, Peters, Wassermann . Members Absent: Catalena . 27. Tax Refund Applications for the following: 0 Item 27.odf • a. Darryl & Rebecca Pens horn- overpayment - $17.07 • b. Colleen Stringfellow- overpayment -$8.65 • c. Richard & Sandra Hawkins - overpayment - $229.50 • d. Alton Boyd & Lauri Sorell- overpayment - $212.43 • e. Adrian Michael Thomas - overpayment - $37.57 Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Lloyd Wassermann. Passed. 4 -0. Members voting Aye: Cauley , Mallard , Peters , Wassermann . Members Absent: Catalena . 28. Budget Amendments. Budget Amendments FY 11/12 51.1 thru 51.15 0 FY 12 Amendments.odf 51.1 Adjust funds for Dispute Resolution Center 51.2 Reallocate funds for Veteran's Services 51.3 Reallocate funds for District Clerk Administration 51.4 Reallocate funds for District Clerk - Jury Services 51.5 Reallocate funds for County Clerk Management Fund 51.6 Reallocate funds for Associate Judge #1 51.7 Reallocate funds for County Court at Law #2 Administration 51.8 Reallocate funds for Justice of the Peace Precinct 1 51.9 Reallocate funds for Justice of the Peace Precinct 2, Place 1 51.10 Reallocate funds for Constable Precinct 4 51.11 Reallocate funds for Juvenile Title IV -E 51.12 Reallocate funds for Emergency Management 51.13 Transfer funds from Non - Departmental to Court Support- Criminal 51.14 Transfer funds from Non - Departmental to Community Supervision 51.15 Transfer funds from Non - Departmental to Court Support-Civil Budget Amendments FY 12/13 3.1 thru 3.3 FY 13 Amendments.odf 3.1 Transfer funds from Non - Departmental to Expo Center 3.2 Transfer funds from General Fund Contingency to Capital Improvement 3.3 Reallocate funds for Metropolitan Planning Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by County Judge Duane Peters. Passed. 4 -0. Members voting Aye: Cauley, Mallard , Peters , Wassermann. Members Absent: Catalena. 29. Personnel Change of Status. Personnel Action Forms Item 29.odf Vol. /G 9_ Pg. /5- A copy of the personnel Change of Status Requests is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 4 -0. Members voting Aye: Cauley , Mallard , Peters , Wassermann. Members Absent: Catalena . 30. Payment of Claims. �-- Claims Sheet.odf BILL LIST 10.16.12.odf 7103181 through 7103414 Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Kenny Mallard. Passed. 4 -0. Members voting Aye: Cauley, Mallard, Peters, Wassermann . Members Absent: Catalena . 31. Convene into Executive Session pursuant to Section 551.0785 for deliberation involving medical or psychiatric records of county employee(s). At this point, the County Judge announced the court would consider items 33 through 38 then return to convene into Executive Session. Having considered the previously noted agenda items, at 10:38 a.m. the County Judge announced the meeting closed to the public so that the Court could meet in Closed Executive Session to discuss medical or psychiatric records of county employee(s) as allowed under Section 551.0785 of the Texas Government Code. The following individuals were asked to stay for the meeting: Jennifer Salazar, Human Resources Director Bill Ballard, Civil Counsel Kendra Suhling, Civil Counsel Ruth McLeod, Administrative Assistant 32. Consider and possible action on the Executive Session. At 11:04 a.m. the County Judge announced the meeting open to the public. On motion by Commissioner Cauley, seconded by the County Judge, the court voted unanimously to approve the medical procedures for both cases. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by County Judge Duane Peters. Passed. 4 -0. Members voting Aye: Cauley, Mallard , Peters , Wassermann. Members Absent: Catalena . 33. Acknowledgement of monthly reports submitted in September 2012. 10 Item 33.odf The Court acknowledged receipt of the Extension Service reports submitted in September 2012 and acknowledged receipt of reports from the following County and Precinct Offices showing revenues collected and remitted to the County Treasurer: County Clerk District Clerk Justice of the Peace Precinct 1 Justice of the Peace Precinct 2, Place 1 Justice of the Peace Precinct 2, Place 2 The foregoing minutes of the Commissioners Court meeting held October 16 2012 have been examined and are approved in open Court this day of o c�y b6r , 2012, in Bryan, Brazos County, Texas. Duane Peters County Judge Tel Lloyd W&sennann Commissioner, Precinct 1 Ab5ea Sammy Catalena Commissioner, Precinct 2 Commissioner, Attest: Kenny Mallard Commissioner, Precinct 3 Karen McQueen County Clerk Vol Page �� BRAZOS COUNTY COMMISSIONERS COURT MEETING ON 2012 AT 1 -' , 00 aWX- Name (PLEASE PRINT) Organ ization/Department I=wl - wim''Volowird ii wig 1, "4 WIR-WIF&P.M.1 I l l ffou 1 1111 M _r Z� L • I M' oi lump i WE ow K.F., BRAZOS COUN Y COMMISSIONERS COURT e MEETING ON 2012 AT � drAm Name (PLEASE PRINT) Organization /Department t Cam 1 Vol. -- 1 pg. BRAZOS County 2012 LEVY TOTALS GI - BRAZOSCOUNTY Property Count: 120,539 Grand Totals 10/6/2012 5:02:11 PM Land a ue Homesite: 1,483,243,472 Non Homesite: 1,892,480,808 Ag Market: 1,028,904,080 Timber Market: 0 Total Land M 4,404,628,360 Improvement aloe Homesite: 5,372,931,109 Non Homesite: 4,065,441,844 Total Improvements H 9,438,372,953 Non lReal Count a ue Personal Property: 7,989 1,273,576,310 Mineral Property: 45,911 417,518,950 Autos: 0 0 Total Non Real H 1,691,095,260 Market Value = 15,534,096,573 g on xempt xempt Total Productivity Market: 1,028,319,770 584,310 Ag Use: 34,165,959 4,850 Productivity Loss (-) 994,153,811 Timber Use: 0 0 Appraised Value = 14,539,942,762 Productivity Loss: 994,153,811 579,460 Homestead Cap () 24,308,638 Assessed Value = 14,515,634,124 Exemption Count Local tats Tota AB 17 45,748,212 0 45,748,212 CH 7 544,356 0 544,356 CHODO (Partial) 6 4,523,499 0 4,523,499 DP 411 0 0 0 DPS 11 0 0 0 DV1 263 0 2,361,845 2,361,845 DW S 16 0 80,000 80,000 DV2 178 0 1,728,507 1,728,507 DV2S 5 0 37,500 37,500 DV3 145 0 1,546,050 1,546,050 DWS 2 0 20,000 20,000 DV4 220 0 1,343,840 1,343,840 DWS 59 0 640,210 640,210 DVHS 150 0 24,046,217 24,046,217 DVHSS 9 0 946,211 946,211 EX 1,968 0 1,883,310,744 1,883,310,744 EX (Prorated) 14 0 555,893 555,893 EX366 24,208 0 1,023,321 1,023,321 FR 35 61,657,127 0 61,657,127 OV65 7,888 540,856,103 0 540,856,103 OV65S 31 1,995,078 0 1,995,078 PC 15 4,758,635 0 4,758,635 SO 1 0 0 0 Total Exemptions (-) 2,577,723,348 Net Taxable = 11,937,910,776 G1/237993 Page 11 of 18 Vol. // True omation, Inc. BRAZOS County 2012 LEVY TOTALS G1- BRAZOSCOUNTY Property Count: 120,539 Grand Totals 10/6/2012 5:02:11 PM DPS 1,281,570 1,220,320 OV65 1,255,719,447 733,609,324 Total 1,300,489,290 773,786,508 Tax Rate 0.485000 163,933.29 174,541.68 394 5,341.75 5,640.92 11 2,673,791.17 2,723,147.06 7,381 2,843,066.21 2,903,329.66 7,786 Freeze Taxable Freeze Adjusted Taxable Levy Info M &O Rate: 0.407100 M &O Tax: 47,835,566.50 I &S Rate: 0.077900 I &S Tax: 9,153,504.17 Protected I &S Rate: 0.000000 Protected I &S Tax: 0.00 Ag Penalty: 587.46 Total Levy Tif Zo ne Code Tax Increment Lose CAD -TZ1 160,650 CAD -TZ21 B 274,772 CAD -TZ8B 1,884,220 Tax Increment Finance Value: Tax Increment Finance Levy: 2,319,642 11,250.26 ( -) 773,786,508 = 11,164,124,268 56,989,658.13 APPROVED Duane Peters date County Judge 131/237993 Page 12 of 18 Vol. �g Autom 'on, Inc. _— -- - - -- Proclamation. Roy Kelly WHEREAS Roy W. Kelly enlisted in the Navy on December 15, 1941 immediately following the bombing of Pearl Harbor. He continued to serve his country . until 1958; and WHEREAS After returning from war he got into the dairy business, leading him to College Station; and WHEREAS Roy Kelly is married to Dorothy Deacon Kelly and has three children; and WHEREAS He began working. Brazos County on September 3, 1985 as bailiff for County.Court at Law 1.; and .WHEREAS After serving on the Board of Directors for The District, the Roy Kelly Multi -Modal Terminal & Parking Garage was opened on November 1.1, 2011; and WHEREAS Known by most as Mr. Kelly,. he continues to serve Brazos County in this capacity today. NOW, THEREFORE, BE IT PROCLAIMED that the Brazos County Commissioners Court wishes to express its appreciation and gratitude to Roy W. Kelly for his service to Brazos County. PROCLAIMED this 16` day oFOUbber,,2012. Duane Peters County Judge (A r Commissioner Lloyd Wassermann Precinct 1 fy . Commissioner K n y Mallard Precinc " 12 -024 Vol. Pq A bscnt Commissioner Sammy Catalena RESOLUTION Resolution Authorizing the Submission of a Grant Application for Brazos County Drug Court WHEREAS The Brazos County Commissioners Court finds it in the best interest of the citizens of Brazos County that the Brazos County Drug Court be operated for the 2013 Fiscal Year, September 1, 2012 — August 31, 2013; and WHEREAS The Brazos County Commissioners Court agrees that in the event of loss or misuse of the of the Criminal Justice Division funds, the Brazos County Commissioners Court assures that the funds will be returned to the Criminal Justice Division in full; and WHEREAS The Brazos County Commissioners Court designates the Director of the Brazos County Community Supervision and Corrections Department as the authorized official for this grant. The authorized official is given the power to apply for, accept, reject, alter or terminate the grant on behalf of the applicant agency. NOW THEREFORE BE IT RESOLVED that the Brazos County Commissioners Court approves the submission of grant application number 1803308 for the Brazos County Drug Court to the Office of the Governor, Criminal Justice Division. Resolved this day of 2012 in Bryan, Brazos County, Texas. Duane Peters, County Judge I AAC,-&& A*C�— Z�ommi6sioner Lloyd Wasserman Precinct 1 Commissioner Kenn t Mallard Precinct 3 _Abse� Commissioner Sammy Catalena Precinct 2 Precinct 4 Grant Application Number 4803308-- Vol. A/0 07 Pg Z 2013 Indigent Defense Grant Program WHEREAS under the provisions of the Fair Defense Act, 77 Regular Session, counties are eligible to receive grants from the Texas Indigent Defense Commission to provide improvements in indigent defense services in the county; and WHEREAS this grant program will assist the county in the implementation of the provisions of the Fair Defense Act and the improvement of the indigent criminal defense services in this county; and WHEREAS Brazos County Commissioners Court has agreed that in the event of loss or misuse of the funds, Brazos county Commissioners assures that the funds will be returned in full to the Texas Indigent Defense Commission; and NOW, THEREFORE, BE IT RESOLVED and ordered that the County Judge of this county is designated as the Authorized Official to apply for, accept, decline, modify, or cancel the grant application for the Indigent Defense Formula Grant Program and all other necessary documents to accept said grant; and BE IT FURTHER RESOLVED that the County Judge is designated as the Program Director and contact person for this grant and the County Auditor is designated as the Financial Officer for this grant. DULYPASSED AND ADOPTED this 16"' day of 0 ober, 012 in Bryan, Brazos County, Texas. Duane Peters County Judge Attest. Karen McQueen County Clerk 12-012 Vol. pg. Resolution ca ca co oa to , n 10 cn 1.0- Ul 0 4= 0 H 0 0 c z m m E 0 m 0 u tko CA (U 0 m 0 Ln 0 x m . m m >. m ai to m V co 0 to 0 m *a V 0 LL U. R4 V 0 > o wl 0 0 0 0 0 C; 8 0 m 0 Co 0 0 co 00 CL co cc 0 0 a 0 a o 0 o a a o 0 o a o C 06 06 06 C6 06 w 6 cd o6 6 o6 o6 06 06 P. m 4) LL. 0) 4) M qO 0 4w 0 (1 0 W > Ln E .0 E oo ('4 L 0 z A ri eq 75 (N 4) bO E 0 2 C4 u C*4 m E 8 z E cu S > 0 v 1 V) m '0 m m >- (U I > 0 (U u- r_ m CN 2 2 t > CL > Lti z i - c m 1 > v — 1 m m u to tio > Uj m (14 ..e m m 1 to . 5 : w E m E U- 0 0 E w CL 0 m 4w > E m 4� rq Z 0 ms m i m m C (U 0 N- . F F � r, ILn. 1 I I p- , l I 1 1 1 r-4. M -Tr -m Vo IIL�L BRAZOS CENTER RENTAL RATES irdembeinewnteim- (currv& fees in parenflwm) - Percent indicates increase from current rate SECURITY DEPOSITS Attendees up to: 100 101-200 201-300 301-600 601-1200 $150 $250 $350 $550 $650 Rates are based on 12 hour rentals. Additional hours may be added at $50.00 per hour and must be arranged before the event No cancellation on set-up day unless both days are cancelled 90 days before the event. Banquet set-up based on $3 per person. Theater set-up based on $2 per person. Tables used for vending or display rent for $3 each. A U0 OCUTAI Q - I WtQ A.A NR RFNTALS Minimum M-F - 6PM-1 I PM Space Seating Capacity Minimum mate covers setup for Vending $180 Rats # of Rates Banquet Theater classroom Rates Atiendew Assembly 1 4,400 sq feet (40'x110') 288 400 100-120 $360 ($350) 2.9% 120 15 tables $550($500) Vol. g � a 1 ROOM 102 10% Assembly 7,920sq feet (72'W10') 528 700 200-400 $745 ($725) 2.8% 248 31 tables $950($875) 8.5% jWO 1 28466_ *-FddaY 320 $1180($1080) 820 1,200 600 $960 ("00) 8896 40 tables 9.3% Assembly I I SaWrdW 12,320 sqf*st(112W10j 30 $1320($120D)10% 440 55 tables $1400($1300) 7.7% Assembly 3 1,457 sq feet (47x31) 96 125 55-72 $240 80 10 tables $370($350) 5.8% Assembly 4 1,390 sq feet (27x51.5) 96 125 48-81 $240 ($215)11.6% 80 10 tables $325($300) 8.4% Assembly 2 &4 2847 sq foot 180 200 129 $360($350)3% 120 15 tables $500($480) 4.2% Concourse E 2,840 sq AW (22'x120') or $125($120)4% 40 $240($225) Concourse W 2,376 sq Bret (22'WOO') 5 tables 8.7% Concourse 0 & IN 5,015 sq ft (22W28') $240 ($220 )9% so 10 tables $375($350) 7.2% A U0 OCUTAI Q - I WtQ A.A NR RFNTALS ALCOHOL SURCHARGE: An alcohol surcharge is assessed to the Lessee if alcohol will be available. All surcharge rates show an Increase of $25 Attendees: Up to 100 $ 76 301-500 $150 m-F M-F - 6PM-1 I PM M-F M-F - 5PM-1 I PM Vending Asasn. 3 $180 8AM—SPM SAT- &W-1 I PM 8AM-5 PM SAT -aAM-11PM Rates Alcohol/Cash Bar - The sale of any alcoholic beverages (a cash bar) requires a daily fee of $50• SUN - SAM-SPIA SUN - 8AM-6PM AssM4 $180 Vol. g � a ROOM 102 1452 sq feet NA 125 W ($86) 12% $100($85)17.5% $160($150) 7% $185 ($150)10% $225 $180) 11008 - 695 sq. feet 48 50 30 $80 ($70)14% $100 ($70)42.8% $110($90) 22.5% $110 ($90)22.5% 2 ($100) (20.5 x 29') R, E "oomm 596 sq. feet 1 'x ') 48 50 30 $80 ($70)14% $100 ($70}42.69b $ 11 5% 0($90) 2 $110 ($90)22.5% $200 ($100) 1 ' 22. 2 . ALCOHOL SURCHARGE: An alcohol surcharge is assessed to the Lessee if alcohol will be available. All surcharge rates show an Increase of $25 Attendees: Up to 100 $ 76 301-500 $150 101-200 $ 100 over - 500 $275 APPROVED 201-300 $ 125 SALES: Applicable to each "vendor" for non-vending events (per day). Concessions - The sale of soft drinks and food items requires a vending fee of $30 ($25) per day. � Merchandise - The sale of merchandise (shirts, videos, tapes, photos, etc.) r equires a daily f of $ per ve Alcohol/Cash Bar - The sale of any alcoholic beverages (a cash bar) requires a daily fee of $50• Duawne Peters 10116112 P County Judge Vol. g � a %] Hp } } | 7 � � 7 / k } k � ��\ 9 8 / � % \ } � )j ■ §§.� k /�� � W2 ��\ 9 8 CL x (D If V c 40 X c dl* JU s r A SA I Vol. pg L Cq } / W2 § \� � . B� CL x (D If V c 40 X c dl* JU s r A SA I Vol. pg L Cq S 06 Qo O CI4 C-i iz 06 'Rt a a O O tR II 00 0 C4 RV N P . i OR U rn cei — td 00 (4 F4 I Vol. L7 8 8 z CA z "ri w 0 Ow O JIF �i iii Qo O CI4 C-i iz 06 'Rt a a O O tR II 00 0 C4 RV N P . i OR U rn cei — td 00 (4 F4 I Vol. L7 8 8 g Z Ad pg- IL; Q OR o6 N ri Ni kn wi to I't M vt to t to 2 g Z Ad pg- IL; Q a as tl � � G c . ad C> OC III ,a oc� W) L! N " 0 C) G r.4 0 46 401, t 8 �Zrl Qi O 40 K-z A C-4 40 Z LC Z �o ww NO 00 ( Cr, z eq C cc w 4t CC 00 ai 96 kn L! N " 0 C) G r.4 0 46 401, t 1/,o L — O OD O OC O 'o N r4 10 01 � �o rn 8 �Zrl Qi O 40 K-z A C-4 LC ell eq cur C) �o ww NO 00 ( Cr, z 1/,o L — O OD O OC O 'o N r4 10 01 � �o rn 8 3 8 In eq eq 8 �Zrl 40 K-z A C-4 �o NO eq CC 00 8 3 8 In eq eq • • 2 C4 i� a 8 �Zrl 40 K-z A C-4 eq CC 00 • • 2 C4 i� a 8 �Zrl • • 2 C4 i� a �Zrl • • 2 C4 i� a BRYAN TENAS UT LIMS 1 r i r J TRB[N NQVTO![1NET011 BINC!li1B DAMAGE WAIVER The Customer, whose name is shown below, requests that Bryan Texas Utilities ( "BTU ") dig a trench, drill a hole for a pole, excavate for any other designated purpose, and/or enter Customer's property to perform work or service on or near the Customer's property in order to establish or maintain proper electrical service, provide lighting, or perform some other work or service beneficial to the Customer. The Customer agrees to (1) locate and clearly mark, or preferably expose by digging, any underground facilities such as water pipes, gas pipes, conduit, cable, or any other facility near or in the area of excavation and (2) indemnify and hold BTU harmless from, and to assume all responsibility for any liability or damages arising from or relating to such work or service, including all damages to the premises or to any real or personal property of the Customer (including animals or livestock or any kind) that may be located on or near the premises. For the installation, or provision, of conduit as needed for underground electric secondary service installation the Customer elects Option: A B C (circle one) as explained in the BTU Service Entrance Requirements Manual. By signing this document, the Customer acknowledges receipt of BTU's Service Entrance Requirements Manual. The Customer hereby warrants that he /she is the owner of the premises on which the work or service is to be performed, or that he /she is otherwise authorized to grant this waiver of indemnification of liability to BTU. Location: B razos Signed: Printed Name: Tax Office - Pendleton Investigate #: 12071020981 Date: AQko/� Revised 5112 Investigate Number; 1207C20981 Map Number: 264 -376 RIGHT'OF WAY EASEMENT STATE OF TEXAS} COUNTY OF BRAZOS KNOW ALL MEN BY THESE PRESENTS That Brazos County hereinafter called the Grantors, for a good and valuable- consideration, the receipt and sufficiency of which is hereby acknowledged, do grant.unto the.Cityof Bryan, a Texas home rifle municipal corporation, doing business as " Bryan Texas Utilities" ( "BTU ") and-to its•;successors and assigns, an easement and right -of -way upon, under, over, and across property owned by Grantor and iodated in the County of Brazos State of Texas, which property (the "Property") is described as follows: (Describe only the, part of Grantor's Property covered by this easement) BEING called .1..957 Lot 1 Block 1 of land in theJ.W. Scott Survey, A,49, Tract 43.18 of the official public records of Brazos County, Texas. (herein the "Property") BEGINNING and ending as shown on the, attached Exhibit "A ". The width of this easement hereby igranted is described as follows: The width of this easement granted is 10' as shown on the attached Exhibit "A ". (herein the "Easement ") The Easement. Area granted by this instrument (the "Easement's is subject to the following conditions: 1.. BTU has the right to install, operate, relocate, construct, reconstruct, add to, maintain, inspect, patrol, enlarge, repair, remove and replace Utility Facilities upon, over, under, and across the Property included in the Easement and to remove Utility Facilities from the Property, and the right of ingress and egress on Grantor's property adjacent to the Easement for the same purposes. For purposes of the Easement, the phrase "Utility. Facilities" shall include a variable of number of cables, conductors or wires, insulators, cross arms, protective devices, meters, terminal boxes, transformers, structures, poles props; guys, anchors, conduit, and. other necessary and desirable devices relating to electric energy and/or communication. 2. BTU has the right to trim and/or remove, from the Easement, without payment due to Grantor, all trees, branches, underbrush or any other obstruction •which might endanger or interfere with• the operation, safety, or efficiency of the Utility Facilities on the on which -the Easement is located. 3. The Grantor covenants for itself, his or her personal representatives, executors, and /or successors and assigns, not to place or maintain any building, struct or any other obstruction on or within the Easement, or to use the surface of the Easement Area for any purpose'that would interfere with or prevent the use by BTU of the Easement for the purposes set forth herein. The Grantor shall have the right to use- the surface of the Easement for streets, roads, driveways, Alleys,' walks, gardens, lawns, plantings or park areas and any other like uses. 4.' BTU has the right to assign all or part of the rights granted to it, pursuant to this Agreement it receives, under the Easement. The Easement will inure to the benefit of BTU and BTU's successors and assigns.. 5. -Grantor acknowledges and agrees that the location of the Easement is based only on preliminary surveys and that the rights - granted.bythis Easement shall apply to the actual location of Utility Facilities, when constructed. 6. Grantor. binds Grantor and Grantor's heirs, successors, and assigns to WARRANT and FOREVER DEFEND, all and singular, the rights an6premises granted to BTU by this instrument. 7. Grantor covenants; represents, and warrants that Grantor • has good and marketable title to the. Property and the unqualified right to grant the privileges contained'herein: Page o .- Investigate Number: 1207C20981 Map Number: 264 -376 IN WITNESS WHEREOF, the Grantors execute this instrument this I day of Brazos County Judge STATE OF COUNTY OF Before me, the undersigned authority, on this day personally appeared whose name is subscribed to the foregoing instrument and acknowledged to me that executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this day of , AD 2012. Notary Public/ State of IN WITNESS WHEREOF, the Grantors execute this instrument this , AD 2012. day of STATE OF COUNTY OF Before me, the undersigned authority, on this day personally appeared whose name is subscribed to the foregoing instrument and acknowledged tome that executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this day of , AD 2012. Notary Public/ State of IN WITNESS WHEREOF, the Grantors execute this instrument this , AD 2012. day of STATE OF COUNTY OF Before me, the undersigned authority, on this day personally appeared whose name is subscribed to the foregoing instrument and acknowledged to me that executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this day of , AD 2012. Notary Public/ State of IN WITNESS WHEREOF, the Grantors execute this instrument this , AD 2012. day of STATE OF COUNTY OF Before me, the undersigned authority, on this day personally appeared whose name is subscribed to the foregoing instrument and acknowledged to me that executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this day of , AD 2012, Notary Public/ State of Page 2 of 2 Vol. _ / _ P9, POLE •. ALL UNITS HONEY LOCUST COURT (60' , R -:O. W. ) STREET ROW STREET ROW Ap N Z lum UTILITIES x x ' MAP 1201 2107 - 1 2\12- 07- c- 20981.dgn • 10/3/201211:36:57 AM JOB NAME BRAZOS COUNTY TAX OFFICE PHONE LOCATION PENDLETON OR MAP SHEET NO. 264 - INV A NO. 1207C20981 INV R N0. DRAWN BY AK 10-3-12 REQUISITIONS NUMBERS CHECKED EXHIBIT "A" REVISED BRYAN TEXAS UTILITIES 979 -821 -5 Vol,-1-4-y- p9, 147' S61* 33'24!'E BRYAN TEXAS UTILITIES 10' ELECTRIC EASEMENT BRAZOS COUNTY TAX. OFFICE o LOT2.BLOCK 1 N 1.957.ACRES J.W.;SCOTT, A -49 o BRYAN, BRAZOS COUNTY TEXAS i i. - - - C 7. -.7: .° - e r � FRONT 1. l 94 " - -- � - - - -- ------- - - - - -- T - T 3" • I� • . STEEL PRIMARY REINFORCEMENT CONDUIT ALIGNMENT PRIM. SEC. 20" 1 i Primary Elbows: 8 KL AK �e - - = -'- - �---- - - - --- PVC 36" Qty. Size ° NOTES Secondary 1. Concrete shall be min. 3000 lb. test. Elbows: WIRE MESH a 2. Reinforced slab with 6 "X6" X 6 gauge steel wire mesh PVC 12" 6 x- 6 GA. ° and #4 steel rods as shown. Size Type 4. y . 48" ° e e 3. Pad shall be poured in place in one continuous pour. 4. Pad shall be level with a 1" champher around the edge. #4 STEEL S:, Conduit opening will be formed to keep it free of 1 e ROD concrete. 6. After conduit in installed, conduit opening shall be filled a4" - - - - -.- - - - - - - -, - a - - -- - - 7 - T " with sand to.within 2" of slab top. ' 7. Before pour is made, the slab form and conduit PRIM.' i SEC.. ° 19.5" 25" 20" 19.5" arrangement mutt be inspected 9nd'aooroyed by a 1e" re0esentative of BTU Line Desien (9791821 -5770. ° ° , i ° 8. Pad:must cure 72 hours•min. before transformer is set. °1 9. Contractor shall install elbows as shown (Type and size o CONOU I T OPEN ING4'o ' T4" to be identified by BTU Line Design). i i. - - - C 7. -.7: .° - e r � FRONT 1. l 94 " - -- � - - - -- ------- - - - - -- T - T 3" • I� • . STEEL PRIMARY REINFORCEMENT CONDUIT ALIGNMENT PRIM. SEC. 20" 1 i Primary Elbows: 8 2" PVC 36" Qty. Size Type Radius Secondary Elbows: 4 4" PVC 12" Qty. Size Type Radius THREE PHASE XFMR PAD 150 TO 500 KVA BRYAN TEXAS UTILITIES (NAME Brazos County Tax Office I INVESTIGATION NO.: 1207C20981 ISSUED: 10 /3/12 -AK BRYAN. T Vol. ...12012\0J- 12\12- 07- c- 20981.dgn 1 0/3/2012 1 1:40:03 Ann Vol. _ l Pg...3.. _.. \ HONEY LOCUST COURT (60' R: 0. W.) POLE •, ALL UNITS Q INSTALL; P40- 2.CI,M2 - M2- 2,(3)WL1 /O NEW ST1 /O.UP2 -3 RS14111 Too / © INSTALL: BURIED CABLE MARKER ---- - - - - -- INSTALL; 39170E BOW —(3)2" PVC (3)PCAP -200 420' a 411 DEPTH METER CAN 4 \ Q 1 , 9, V 600A,280V EM22,EM225D- t 73'BEHND Q STUB OUT (2)4 "PVC FUTURE - - SIDEWALK e PVC ® INSTALL: BURIED CABLE FUTURE 30' Q 30° DEPTH i © J0 , q MARKER USE BRAZOS COUNTY TAX OFFICE TRANS PAD WIRE SUMMARY \ I F rrm:tA 471777TI,,) L INSTALL' 1410'-VOURD "� 80'- 35000R0 ELECTRIC CONTRACTOR � 13)2'• PVC TO PROVIDE AND INSTALL 145'0 48'DEPTH NT R.O.W. REOUIREMES ALL CONDUITS AS SHOWN I FUTURE USE TRENCHING SUMMARY 5'-TRENCH 60" 5' -HAND TRENCH 60" UTILITIES JOB NAME BRAZOS 'COUNTY TAX OFFICE - PHONE LOCATION PENDLETON DR MAP SHEET NO. 264 -376 D eooNn "� INV A NO. 1207C20981 INV R NO. Y DRAWN BY AK I. 9-19 -12 REQUISITIONS NUMBERS y g CHECKED OVHD PRIUG SEC UG CT METER x i 22891 22892 22893 22894 REVISED MAP BRYAN TEXAS UTILITIES 979 - 821 - 5770 ...12012\0J- 12\12- 07- c- 20981.dgn 1 0/3/2012 1 1:40:03 Ann Vol. _ l Pg...3.. _.. \2012\07- 12\12- 07- c- 20981.dgn 10/3/2012.11:40:03 AM Vol:.__- •_3s' \� \ \� POLE •, ALL UNITS 0 INSTALL: HONEY LOCUST .COURT (60' ,R.0. W. 1 P40- 2,CI,M2 -1 M2- 2,(3)WL1 /0 NEW STt /O,UP2-3 RS14111 T40 © INSTALL: BURIED CABLE — — ______ —_— MARKER �\\ INSTALL: II UTL300D (3)1 /OELBOW I� P (3)PCAP 200 420'0 48" DEPTH METER CAN 4 4 p 600A,280V 1 EM22.EM225D © STUB OUT (2)4 "PVC 73'BEHIND I FUTURE N SIDEWALK I o ® INSTALL: — (2)4" PVC BURIED CABLE FUTURE i © 30'a 30" DEPTH MARKER USE © a BRAZOS COUNTY 7'.7' TRANS PAD TAX OFFICE I. _ WIRE SUMMARY \ I 14 /OURD 80'- 35000RD ELECTRIC CONTRACTOR (3)2 PVC TO PROVIDE AND INSTALL I 145'6 48'DEPTH R.O.W. REQUIREMENTS ALL CONDUITS - AS , SHOWN ( FUTURE USE I I I I I I I I I I I I I III I I TRENCHING SUMMARY 5'- TRENCH 60" 5' -HAND TRENCH 60" UTILITIES JOB NAME BRAZOS. COUNTY TAX OFFICE PHONE' eoan" LOCATION PENDLETON DR IMAP SHEET NO. 264 -376 x b INV A NO. 1207C20981 JINV R NO DRAWN BY AK 9- 19-12. REOUISITIONS NUMBERS x CHECKED OVHD PRIUG SEC UG CT METER .4 REVISED 22891 22892 22893 22894 MAP BRYAN TEXAS UTILITIES 979- 821 -5770 \2012\07- 12\12- 07- c- 20981.dgn 10/3/2012.11:40:03 AM Vol:.__- •_3s' INDIGENT CARE AFFILIATION AGREEMENT This Indigent Care Affiliation Agreement (the "Agreement ") is entered into as of 0 6&bir !/, , ;Wig, to be effective as of October 1, 2012 ( "Effective Date "), by and between Brazos County, a unit of local government within the State of Texas created under the authority of the Texas Health and Safety Code Section" ( "the Governmental Entity ") and St. Joseph Regional Health Center (the "Affiliated Hospital") whose address is listed at the end of this document. RECITALS WHEREAS, the Affiliated Hospital and the Governmental Entity collectively provide substantial uncompensated care to indigent persons annually; WHEREAS, the State's under- funding of, and reductions in eligibility for, Medicaid increases the volumes of indigent patients who rely on hospital emergency room services as the source of primary healthcare and shifts the burden for indigent care to the Affiliated Hospital, the Governmental Entity, and local community; WHEREAS, the Governmental Entity and the Affiliated Hospital recognize that the State will continue to under -fund the Texas Medicaid program and that the indigent numbers in their community will continue to grow; WHEREAS, the Governmental Entity and the Affiliated Hospital desire to ensure that the indigent have access to and receive health care services; WHEREAS, the Governmental Entity and the Affiliated Hospital recognize that it is in their best interest to increase funding for the Medicaid population and to access federal funding for the indigent to which the Affiliated Hospital will be entitled under the State's Medicaid program; and WHEREAS, the Governmental Entity and the Affiliated Hospital recognize that they need to cooperate to ensure their ability to deliver cost efficient healthcare services to indigent patients in their community; NOW, THEREFORE, in consideration of the promises and covenants contained in this Agreement, and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged and agreed, the parties agree as follows: _ Vol._.__..J_ l' -. lA INDIGENT CARE COLLABORATION 1.1 , Improving Access to Healthcare for Indigent. The Governmental Entity and the Affiliated Hospital will assess the opportunities to improve access to healthcare for indigent persons residing in the community through participation in the Medicaid program including the Medicaid payments authorized by the Texas Healthcare Transformation and Quality Improvement Program Section 1115 Waiver (the "Section 1115 Waiver "). 2.0 REPRESENTATIONS AND WARRANTIES 2.1 Affiliated Hospital Representations and Warranties. The Affiliated Hospital represents and warrants that: a. It is a Texas corporation or partnership, duly established and created pursuant to applicable law with all requisite power and authority to enter into this Agreement in all respects; b. There is no agreement to condition any amounts transferred by the Governmental Entity nor the amount of Medicaid payments received on the amount of indigent care the Affiliated Hospital has provided or will provide; c. There is no agreement to condition the amount of the Affiliated Hospital's indigent care obligation on the amount transferred by the Governmental Entity nor the amount of any Medicaid payment the Affiliated Hospital might receive; d. No escrow, trust, or other funding mechanism exists, the amount of which is conditioned or contingent on the amount of indigent care services provided or to be provided by the Affiliated Hospital; and that any escrow, trust or other funding mechanism utilized in connection with an anticipated intergovernmental transfer ( "IGT') from the Governmental Entity has been disclosed to HHSC and is not used to effect a quid pro quo for the provision of indigent care services by or on behalf of the Affiliated Hospital; e. The Affiliated Hospital will not return or refund any Medicaid payments received to the Governmental Entity; f. No part of any Medicaid payment received under the Section 1115 Waiver program will be used to pay a contingent fee, consulting fee, or legal fee associated with the Affiliated Hospital's receipt of payments under the Section 1115 Waiver program. g. The execution, delivery, and performance by the Affiliated Hospital of this Agreement are within the Affiliated Hospital's powers, are not in contravention of any other instruments governing the Affiliated Hospital • f, w: and have been duly authorized and approved by the Board of Directors of the Affiliated Hospital as and to the extent required by applicable law h. Neither the Affiliated Hospital, nor any of its representatives are (i) currently excluded, debarred, or otherwise ineligible to participate, in the federal, health care programs as defined in 42 U.S.C. Section 1320a -7b(f) (the "federal . health care programs "); (ii) convicted of a criminal offense related to the provision of health care items or services but not yet excluded,.debarred, or otherwise declared ineligible to participate in the federal health care programs; or (iii) or otherwise : , aware of any circumstance which may result in the exclusion of the Affiliated :Hospital - or any of its representatives • from ,participating in federal health care programs; and i. This Agreement.has been duly and validly executed and delivered by the Affiliated Hospital. •,i 2.2 - GovernmentaL= _Entity Rearesentations and Warranties. The Governmental'.Entity represents and warrants that: ' a. It is a unit- of local government within the State of Texas created under the authority of the Texas Health and Safety .Code Section _, duly established' and created with all requisite power and authority to enter into this Agreement in "all respects; b. There is no .'agreement to condition the amount transferred by the Governmental Entity nor the amount of Medicaid supplemental payments on the amount of indigent care the Affiliated" Hospital have provided or will provide; c. There is np' 'agreement to condition the amount of the Affiliated Hospital's indigent care obligation on the amount transferred by the Governmental Entity nor the amount' of any Medicaid supplemental payment theAffiliated Hospital might receive; d. No escrow; trust, or other funding mechanism exists, the amount of which is conditioned or. contingent on the amount of indigent care services provided or to be provided by the Affiliated Hospital; and that any escrow trust or.other funding mechanism utilized in connection with an anticipated intergovernmental transfer - ( "IGT ") from the Governmental Entity , has been disclosed to HHSC and is not used to effect a quid'pro quo for the provision of indigent care services by or on behalf of -the Affiliated Hospital; e. The Governmental Entity.has not received and will not receive refunds of payments the Governmental Entity made or makes to the Affiliated Hospital for any purpose in consideration for an IGT by the Governmental Entity to fund Medicaid supplemental payments; f. The execution, delivery, and performance by the Governmental Entity of this Agreement are within the Governmental Entity's powers, are not in i 3 Vol. contravention of any other instruments governing the Governmental Entity and have been duly authorized and approved by the Board of Directors of the Governmental Entity as and to the extent required by applicable law; 3.0 g. This Agreement has been duly and validly executed by the Governmental Entity; h. The Governmental Entity has not received and has no agreement to receive any portion of any Medicaid payments made to Affiliated Hospital; i. The Governmental Entity has not entered into a contingent fee arrangement related to its participation in the Section 1115 Waiver program; j. The Governmental Entity is authorized to participate in the Section 1115 Waiver program pursuant to a vote of its governing body in a public meeting preceded by public notice published in accordance with its usual and customary practices or the Texas Open Meetings Act, as applicable; and k. Notwithstanding anything in this Agreement to the contrary, any decision by the Governmental Entity to provide funding for the Medicaid program is at the sole discretion of the Governmental Entity. OBLIGATIONS OF THE AFFILIATED HOSPITAL 3.1 Agreement to Collaborate with the Governmental Entity. The Affiliated Hospital agrees to work cooperatively with the Governmental Entity to improve access to health care for indigent persons. 3.2 Documentation. The Affiliated Hospital agrees to provide the Governmental Entity documentation that demonstrates the amount and types of health care (including indigent health care and Medicaid services historically provided in its community) as requested by the Governmental Entity, but no more frequently than quarterly. 3.3 Compliance with State and Federal Law. The Affiliated Hospital agrees to retain qualified professionals to ensure health care is provided in compliance with state and federal charity care laws, anti-trust laws, and any other applicable laws, and the Medicare and Medicaid programs. 3.4 Indigent Care Program Participation. At all times during the term of this Agreement, the Affiliated Hospital shall use their best efforts to maintain its qualifications for participation in the Medicaid and Medicare programs. 3.5 Compliance with HIPAA. To the extent applicable to this Agreement, the Affiliated Hospital agrees to comply with the Health Insurance Portability and 4 Accountability Act of 1996, as codified at 42 U.S.C. Section 1320d, et seq. ( "HIPAA "), and any current and future regulations promulgated thereunder, including, without limitation, the federal privacy regulations contained in 45 C.F.R. Parts 160 and 164 (the "Federal Privacy Regulations "), the federal security standards contained in 45 C.F.R. Parts 160, 162, and 164 (the "Federal Security Regulations "), and the federal standards for electronic transactions contained in 45 C.F.R. Parts 160 and 162 (the "Federal Electronic Transaction Regulations "), all as amended from time to time, and all collectively referred to herein as "HIPAA Requirements." The Affiliated Hospital agrees not to use or further disclose any Protected Health Information (as defined in the Federal Privacy Regulations) or EPHI (as defined in the Federal Security Regulations), other than as permitted by the HIPAA Requirements and the terms of the Agreement. In addition, the Affiliated Hospital agrees to comply with any state laws and regulations that govern or pertain to the confidentiality, privacy, security of, and electronic transactions pertaining to, health care information. As and to the extend required by law, upon the written request of the Secretary of Health and Human Services, the Comptroller General or any of their duly authorized representatives, the Affiliated Hospital shall make available those contracts, books, documents and records necessary to verify the nature and extent of the costs of providing services under this Agreement. Such inspection shall be available for up to four (4) years after rendering of such services. The Affiliated Hospital will also indemnify and hold the Governmental Entity harmless if any amount of reimbursement is denied or disallowed because of the Affiliated Hospital's failure to comply with the obligations set forth in this section. Such indemnity shall include, but not be limited to, the amount of reimbursement denied, plus any interest, penalties and legal costs. If the Affiliated Hospital carries out any of the duties of this Agreement through a subcontract with a value of $10,000.00 or more over a twelve (12) month period with a related individual or organization, the Affiliated Hospital agrees to include this requirement in any such subcontract. This section is included pursuant to, and is governed by the requirements of, 42. U.S.C. § 1395x(v)(1) and the regulations thereto. 4.0. OBLIGATIONS OF THE GOVERNMENTAL ENTITY 4.1 Agreement to Cooperate with the Affiliated Hospital. The Governmental Entity agrees to work cooperatively with the Affiliated Hospital to improve access to health care for indigent persons. 4.2 No Condition on Medicaid Fundingm, The Governmental Entity agrees that it will not condition the amount to which it funds the non - federal share of Medicaid supplemental payments on a specified or required minimum amount of prospective indigent care. 5 ! / Vol. I G_� pg.� �__.� __ 4.3 Retrospective Evaluation of Services. The Governmental Entity may retrospectively evaluate the amount and impact of the Affiliated Hospital's indigent care delivery and can rely on such historical information in determining whether and to what degree it will provide an IGT in the future. 4.4 Documents Publicly Available. The Governmental Entity agrees to make publicly available any documentation utilized in connection with intergovernmental transfers of funds and any documentation executed by the Governmental Entity related to its participation in the Section 1115 Waiver, including this Agreement. 4.5 Use of Public Funds. To the extent the Governmental Entity decides to provide funding for Medicaid supplemental payments, the Governmental Entity agrees to use public funds for such funding. 4.6 Compliance with HIPAA. The Governmental Entity agrees to comply with the Health Insurance Portability and Accountability Act of 1996, as codified at 42 U.S.C. Sections 1320d, et seq. ( " HIPAA "), and any current and future regulations promulgated thereunder, including, without limitation, the federal privacy regulations contained in 45 C.F.R. Parts 160 and 164 (the "Federal Privacy Regulations "), the federal security standards contained in 45 C.F.R. Parts 160, 162, and 164 (the "Federal Security Regulations "), and the federal standards for electronic transactions contained in 45 C.F.R. Parts 160 and 162 (the "Federal Electronic Transaction Regulations "), all as amended from time to time, and all collectively referred to herein as "HIPAA Requirements." The Governmental Entity agrees not to use or further disclose any Protected Health Information (as defined in the Federal Privacy Regulations) or EPHI (as defined in the Federal Security Regulations), other than as permitted by the HIPAA Requirements and the terms of the Agreement. In addition, the Governmental Entity agrees to comply with any state laws and regulations that govern or pertain to the confidentiality, privacy, security of, and electronic transactions pertaining to, health care information. As and to the extent required by law, upon the written request of the Secretary of Health and Human Services, the Comptroller General or any of their duly authorized representatives, the Governmental Entity shall make available those contracts, books, documents and records necessary to verify the nature and extent of the costs of providing services under this Agreement. Such inspection shall be available for up to four (4) years after rendering of such services. The Governmental Entity will also indemnify and hold the Affiliated Hospital harmless if any amount of reimbursement is denied or disallowed because of the Governmental Entity's failure to comply with the obligations set forth in this section. Such indemnity shall include, but not be limited to, the amount of reimbursement denied, plus any interest, penalties and legal costs. If the Governmental Entity carries out any of the duties of this 6 Agreement through a subcontract with a value of $10,000.00 or more over a twelve (12) month m period : with a related individual or organization, the Affiliated. Hospit4l to include this requirement in any such subcontract. This section is included pursuant to, and is governed by the requirements of, 42. U 139�x(y)(-I) and the regulations gulations thereto., j 5.0 GENERAL PROVISIONS 5.1 Term and Termination. The term of this Agreement shall be one year from Effective Date and shall" automatically continue'there'after for additional terms of one year unlest' the parties agree otherwise; provided, however, that this Agreement shallz"tiiminite immediately upo written- notice by either the Governmental Eht ity-orihe Affiliated Hospital to the other party. 5.2 Notices. All notices required or permitted hereunder shall be in writing. and shall be sufficiefitly g and deemed to have been'received upon personal delivery, by overnight carrier, by email, or by United States mail, postage prepaid, registered,or certified mail,'addressed to the 1 parties as follows: Governmental Enfity Duane Peters Brazos County Judge 200 South Texas Avenue' 9 'Ste. 332 Bryan, Texas 77803 Affiliked Hospital:, St. Joseph Regional Health Center 2801 Franciscan Drive Bryan,' Texas 77802 With a Copy -to: 'Carlos Zaffirini Jr. Adelanto HealthCare Ventures, L.L.C. 401 W. 15" Street, Suite 840 Austin, TX 78701 and: Charles Luband SNR Denton 1221 Avenue. of the Americas New York, NY 10020-1089 7 Vol. pg. _�,• °xv� -any. - .. .. - ., ,. -. 5.3 Relationship Between the Parties. The relationship between the Governmental Entity and • the Affiliated Hospital is solely a contractual relationship .between independent contractors. No party hereto is an agent or employee of any other party. Nothing in this Agreement shall prevent any affiliation or contracting by any.party with any third party, with the exception that no party may contract or affiliate with other party to gain entitlement to Medicaid supplemental payments pursuant to this Agreement. 5.4 GoverniaQ. Law. .,,, This Agreement shall be governed by the laws of the State of Texas. The :Affiliated- Hospital understands that the Governmental Entity is a political subdivision - of the State of Texas and governed by certain statutes applicable thereto. 5.5 Assi ment..: No ; party may assign any right, obligation, or responsibility under this Agreement.except to a successor in 'interest. 5.6 Third Party Ben'efciaries. The parties to this Agreement do not intend to establish any third party beneficiary relationship by virtue of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date(s) set forth below. GOVERNMENTAL ENTITY Brazos County By. Duane Peters Brazos County Judge AFFILIATED HOSPITAL: St. Joseph Regional Health Center FUNDING AGREEMENT BETWEEN BRAZOS COUNTY AND SOUTH BRAZOS COUNTY FIRE DEPARTMENT, INC. THIS AGREEMENT for the Funding of Fire Protection Service of South Brazos County ( "Agreement ") is hereby effective October 1, 2012, by and between the SOUTH BRAZOS COUNTY 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 South Brazos County, Precinct 1, 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 2, 3 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. South Brazos County Fire Dept. Agreement Page 1 of 4 Vol. pg. 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 sum 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.ni. (C.S.T.) on September 30, 2013. 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, except 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. Al! notices shall 'be. deemed given on the date 'personally delivered, faxed, or deposited in the 'U. S. Mail to the following parties: Department: South Brazos County Fire Department, Inc. P.O� Box 501 Milli can', TX 77866 Attn: Chet Barker, Fire Chief County: Brazos County Commissioners Court 200 South Texas Ave., Suite 310 Bryan, TX 77803 South Brazos County Fire Dept. Agreement P of 4 9 g �� 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 third 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. South Brazos County Fire Dept. Agreement Page 3 of 4 IV 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 1. 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. South Brazo County Department, Inc. By` Chet Barker, Fire Chief Date: 6e T Z-s Z o% Z South Brazos County Fire Dept. Agreement Br os Coun xas uane Peters, County Judge Date: ATTEST: aren L rA- Queen, County Clerk Page 4 of 4 LEASE AGREEMENT This Lease Agreement ("Leaae")is made and effective October 1",2O12, ' �and between the 8RAZOS COUNTY EMERGENCY SERVICE DISTRICT #1,BRAZOS COUNTY, TEXAS (^Lan |ord")and8RAZOS COUNTY ("Tenant"). Landlord is the owner uf land and improvements cmmmmoonk/knuxvnas the K1U|ican Fire Station and located at3O3OVVingfa|| Street, K�iUican Texas 77865 ("Lease Premises). ' Landlord makes available for lease a portion of the building, including access toote|eohone line and aDSLinternetconnerbon. Landlord desires to lease the Leased Pren�beotoTenant and ' �Tenant desires to lease the Leased Premises from Landlord for the term, at the rental and upon the covenants conditions and provisions herein set forth. ' THEREFORE, in consideration of the mutual promises herein contained and other good and valuable consideration, it is agreed: 1. Term A. Landlord hereby leases the Leased Premises to Tenant, and Tenant hereby leases the same from Landlord, for an "Initial Tenn" beginning October 1, 2012 and ending September ]U,2O1]. 8, Upon Landlord and Tenant mutual agreement, Tenant may renew the Lease for one (1) extended term of one (1) year. Tenant shall exercise such renewal option, if at all, ' giving written notice Landlord not less ninety days prior to the expiration � ' vv the Initial Term. The renewal term shall beatthe rental set forth below and otherwise upon the same covenants, conditions and provisions as provided in this Lease. 2. Rental 3. Use Commencing October 1, 2012, Tenant shall pay to Landlord during the initial term rental of One Hundred Dollars ($100l0) per month. Each payment shall be due onthe first day ufeach calendar month during the lease term to Landlord at such place designated by written notice from Landlord. The rental payment amount for any partial calendar months included in the lease term shall be prorated ona daily basis. Tenant shall use the Leased Premises for the purposes of a substation of the Brazos County Sheriff s Office in Southern Brazos County, Texas. 4. Repairs During the lease term, Landlord shall make, at Landlord's expense, all necessary routine repairs to the Leased Premises. Routine repairs shall include such items as routine repairs of floors, walls, ceilings, and other parts of the Leased Premises damaged or worn through normal occupancy. 5, Insurance Landlord shall maintain fine and extended coverage insurance on the building and Leased Premises in such amounts as Landlord shall deem appropriate. Tenant shall be responsible, at its expense, for fire and extended coverage insurance on all of its personal property, including removable trade fixtures, located in the Leased Premises. Fk f 6. Utilities Landlord shall pay charges for telephone, water, sewer, gas, electricity and other services used by Tenant on the Leased Premises during the term of this Lease. Tenant acknowledges that the Leased Premises are designed to provide standard office use electrical facilities and standard office lighting. Tenant shall not use any equipment or devices that utilize excessive electrical energy or which may, in Landlord's reasonable opinion, overload the wiring or interfere with electrical services to other occupants. 7. Entry Landlord shall have the right to enter upon the Leased Premises at reasonable hours to inspect the same, provided Landlord gives reasonable notice to Tenant, not enter secure areas without escort from Tenant, and shall not thereby unreasonably interfere with Tennant's business on the Leased Premises. 8. Parking During the term of this Lease, Tenant shall have the non- exciusive use in common with Landlord of the non - reserved common automobile parking areas, driveways, and footways, subject to rules and regulations for the use thereof as prescribed from time to time by Landlord. 9. Damage and Destruction Subject to Section 5 above, if the Leased Premises or any part thereof or any appurtenance thereto is so damaged by fire, casualty or structural defect that the same cannot be used for Tenant's purposes, then Tenant shall have the right within ninety (90) days following damage to elect by notice to Landlord to terminate this Lease as of the date of such damage. In the event of minor damage to any part of the Leased Premises, and if such damage does not render the Leased Premises unusable for Tenant's purposes, Landlord shall promptly repair such damage at the cost of the Landlord. In making the repairs called for in this paragraph, Landlord shall not be liable for any delays resulting from strikes, governmental restrictions, inability to obtain necessary materials or labor or other matters which are beyond the reasonable control of Landlord. Tenant shall be relieved from paying rent and other charges during any portion of the Lease Term that the Leased Premises are inoperable or unfit for occupancy, or use, in whole or in part, for Tenant's purposes. Rentals and other charges paid in advance for any such periods shall be credited on the next ensuing payments, in any, but if no further payments are to be made, any such advance payments shall be refunded to Tenant. The provisions of this paragraph extend not only to the matters aforesaid, but also to any occurrence which is beyond Tenant's reasonable control and which renders the Leased Premises, or any appurtenance thereto, inoperable or unfit for occupancy or use, in whole or in part, for Tenant's purposes. 10. Indemnity/ Release To the extent permitted by the laws of the State of Texas, and without waiving governmental immunity or the limitations as to damages under the Texas Tort Claims act, the parties each individually agree to hold the other harmless from and against any and all claims, losses, damages, causes of action, suits, and liabilities of every kind, including all expenses of litigation, court costs, and attorney's fees, for injury or death to any person or damage to any property, arising out of or in connection with the parties' -- 41- 9 � � i..� .._... respective operations or their respective covenants under this Agreement. The parties hereby agree that each party will remain solely responsible for the legal defense and any civil liability due to the actions of personnel regularly employed by the respective party. Nothing herein shall be construed axa waiver of any legal defense ofanynatune to any claim against a party uran agent, officer or employee ofaparty. 11. Notice Any notice required or permitted under this Lease shall bedeena ' deemed given or served if sent by United States certified mail, mail, return receipt requested, addressed as If to Landlord to: Brazos County Emergency Service District #1 PQBox 244 Wellborn, Texas 77881 If to Tenant: Duane Peters Brazos County Judge 20O South Texas Avenue, Suite 333 Bryan, Texas 77803 Landlord and Tenant shall each have the right from time to time to change the place notice hto be given under this paragraph by written notice thereof to the other party. 12. Headings The headings used in the Lease are for convenience of the parties only and shall not be considered in interpreting the meaning of any provision uf this Lease. 23. Successors The provisions of this Lease shall extend to and be binding upon Landlord and Tenant and their respective legal representatives, Successors and assigns. 14. Consent Landlord shall not unreasonably withhold or delay its consent with respect to any matter for which Landlord's consent is required or desirable under this Lease. 15. Compliance with Law Tenant shall comply with all laws, orders, ordinances and other public requirements now or hereafter pertaining to Tenant's use of the Leased Premises. Landlord shall comply with all laws, orders, ordinances and other public requirements nor or hereafter affecting the Leased Premises. 16. Final Agreement This Agreement terminates and supersedes all prior understanding or agreements on the subject matter hereof. This Agreement may be modified only b further writing that is duly executed by both parties. ' IN WITNESS WHEREOF, the parties have executed this Lease as of the day and year first above written. LESSOR: LESSEE: BRAZOS COUNTY EMERGENCY SERVICE DISTRICT #1 BRAZOS COUNTY By: A 7�t Charles L. Robertson, President Date: . . . ....... - - -------- ----- BY: Duane Peters, County Judge D ate: —j — A&— f /I �' ATTEST: ................. Z11 Christopher Kirk, 8)6riff Brazos County, Texas ATTEST: Karen McQueen, County Clerk Brazos County, Texas von. _ —/G �_ Pg. Contract Amendment- Detention FY 2013 ARTICLE XXIII PRISON RAPE ELIMINATION ACT 22.01 Service Provider shall comply with all federal, state, county, and city laws, ordinances, regulations and standards applicable to the provision of services described herein and the performance of all obligations undertaken pursuant to this Contract, including the Prison Rape Elimination Act of 2003 (PREA) which establishes a zero- tolerance standard against sexual assault of incarcerated persons, including juveniles, and addresses the detection, elimination, prevention, and reporting of sexual assault in facilities housing adult and juvenile Offenders. Under PREA, Service Provider shall make available to the CPO all incident -based aggregated data reports for every allegation of sexual abuse at its facility or facilities, and all such data may be requested by the Department of justice from the previous calendar year no later than June 30 [PREA §115.387(e) and (f)] Donald R. Pozzi, Victoria County Judge Pama Hencerling, Chief JPO Victoria Regional Juvenile Justice Center County Official Chief Juvenile robation Officer VOL Contract Amendment- Residential FY 2013 ARTICLE XXIII PRISON RAPE ELIMINATION ACT 23.01 Service Provider shall comply with all federal, state, county, and city laws, ordinances, regulations and standards applicable to the provision of services described herein and the performance of all obligations undertaken pursuant to this Contract, including the Prison Rape Elimination Act of 2003 (PREA) which establishes a zero - tolerance standard against sexual assault of incarcerated persons, including juveniles, and addresses the detection, elimination, prevention, and reporting of sexual assault in facilities housing adult and juvenile Offenders. Under PREA, Service Provider shall make available to the CPO all incident -based aggregated data reports for every allegation of sexual abuse at its facility or facilities, and all such data may be requested by the Department of Justice from the previous calendar year no later than June 30 [PREA §115.387(e) and (0] Donald R. Pozzi, Victoria County Judge Pama Hencerling, Chief JPO Victoria Regional Juvenile Justice Center County Official )kv� Chief Juvenile PZbation Officer VOL �G Pg. J. 3 BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT: Road & Bridge MEETING DATE: October 16, 2012 SUBJECT: Right of Entry Consider and take action on the request from Bryan Texas Utilities (BTU) to enter County owned property located on Kathy Fleming Road. BTU will survey property for possible switching station location. This work is being performed for the health, safety and welfare of the general public. Site is located in Precinct 1. SUBMITTED BY: APPROVED BY: A e ,5� 10 , rz AWV oe V. Salvato Right of Way Agent •«d Lloyd assermann Commissioner Precinct 1 This request is @�PPROVED DENIED ❑ by Commissioners' Court - _ Duane Peters, County Judge DATE: lo 9 Vol, RIGHT OF ENTRY DATE: October 10, 2012 OWNER: Brazos County MAILING ADDRESS: 300 E WM J Bryan PKWY Bryan, TX 77803 BRYAN TEXAS UTILITIES: BRYAN TEXAS UTILITIES (BTU) MAILING ADDRESS: P.O. Box 1000 Bryan, Texas 77805 PROPERTY: 115.230 acres of land, lying and being situated in the A. Millican Survey, A- 39, Brazos County, Texas and being the same land described in that certain Warranty Deed dated December 30, 1985 from A.A. Hodde to the County of Brazos, Slate of Texas recorded In Volume 850 at Page 352 of the Official Public Records of Brazos County, Texas. PROJECT: BTU, Transmission /Distribution Line routing from the Wellborn substation site to the Millican substation site OWNER, in consideration of the promises made herein, hereby grants and demises to the Bryan Texas Utilities (henceforth referred to as (BTU) and it's authorized agents the right and privilege to enter the PROPERTY for purposes of surveying, conducting soil tests and preparing environmental and archeological assessments, on, over and across the PROPERTY in connection with the PROJECT. This right of entry is personal to BTU. It is not assignable, and any attempt to assign this Right of Entry will terminate the privileges granted to BTU hereunder. It is agreed that in the use of the PROPERTY, BTU is acting independently and not as an agent, employee, or representative of OWNER. To the extent provided by law, BTU shall indemnify and hold harmless OWNER from and against any and all claims, demands, losses, or liabilities of any kind or nature, which OWNER may sustain or incur or which may be imposed upon OWNER for injury to or death of any person, or damage to property as a result, arising out of, or in any manner connected with this Right of Entry or with the use of the PROPERTY by BTU or its authorized agents, except to the extent such claims, demands, losses, or liabilities are caused by the negligence or willful misconduct of OWNER. BTU, by acceptance of this Right of Entry agrees to, at all times after completing any work on the PROPERTY, restore the surface of the PROPERTY, as nearly as possible, to the condition in which the PROPERTY was found immediately before such work was undertaken. When the context requires, singular nouns and pronouns include the plural. OWNER: Brazos Coun Brazos County RETURN THIS FORM TO: Threshold Land Services, Inc. Attn: Andrew Gronberg 1509 Emerald Parkway, Ste. 101 College Station, TX 77845 -- DATE: OWNER: MAILING ADDRESS: RIGHT O F ENTRY October 10, 2012 Brazos County 300 E WM J Bryan PKWY Bryan, TX 77803 BRYAN TEXAS UTILITIES: BRYAN TEXAS UTILITIES (BTU) MAILING ADDRESS: P.O. Box 1000 Bryan, Texas 77805 PROPERTY: 24.080 acres of land, lying and being situated in the A. Millican Survey, A- 39, Brazos County, Texas and being the same land described in that certain Deed dated July. 6, 1976 from A.A. Hodde to Brazos County: Texas recorded in Volume 355 at Page 391 of the Official Public. Re_ cords of Brazos County, Texas. PROJECT: BTU, Transmission/Distribution Line routing from the Wellborn substation site to the Millican substation site OWNER, in consideration of the promises made: herein, hereby grants and demises to the Bryan Texas Utilities (henceforth referred to as (BTU).and it's authorized.agents the right and privilege to enter the PROPERTY for purposes o/ surveying, conducting soil tests and preparing, environmental and archeological assessments, on, over and across the PROPERTY in connection with the PROJECT. This right of entry Is-personal to BTU. It is not assignable, and any attempt to assign this Right of Entry will terminate the privileges granted to BTU hereunder. It is agreed that in the use of the PROPERTY, BTU is acting, independently and not as an agent, employee, or representative: of OWNER. To the extent provided'by law, BTU shall indemnify and. hold harmless OWNER from and•against any and all claims, demands, losses, or liabilities of any kind or nature, which OWNER may sustain or incur or which may be imposed upon OWNER for injury to or death of any person, or damage to property as a result, arising out of, or in any manner connected with this Right of Entry or with .the use of the PROPERTY by BTU or its authorized agents, -except to the extent such claims, demands, losses, or liabilities are caused by the negligence or willful_ misconduct of OWNER. BTU, by acceptance of this Right of Entry agrees to, at all times after completing any work on the PROPERTY, restore.the surface of the PROPERTY, as nearly as possible, to the condition in which the PROPERTY was.found immediately before such work was undertaken. When the context requires, singular nouns and'pronouns include the plural. OWNER: s County Brazos County RETURN THIS FORM TO: Threshold Land Services, Inc. Attn: Andrew Gronberg 1509 Emerald Parkway, Ste. 101 College Station, TX 77845 I Vot, Fla 0 t' DATE: OWNER: MAILING ADDRESS: RIGHT ENTRY October 10, 2012 Brazos County 300 E WM J Bryan PKWY Bryan, TX 77803 BRYAN TEXAS UTILITIES: BRYAN TEXAS UTILITIES (BTU) MAILING ADDRESS: P.O. Box 1000 Bryan, Texas 77805 PROPERTY: 1.640 acres of land, lying and being situated in the A. Millican Survey; A -39, Brazos County, Texas and being the same land described in that certain Deed dated January 14, 1987 from Margaret.LofOii Morgan Benton to County of Brazos, State of Texas recorded in, Volume 951 at Page 133 of the Official Public Records of Brazos County, Texas. PROJECT: BTU, Transmission/Distribution Line routing from the -Wellborn substation site to the Millican substation site OWNER, in consideration of the promises made herein, hereby grant §'and demises to the Bryan Texas Utilities (henceforth referred to.as (BTU) and it's authorized agents the right and privilege to enter the PROPERTY for purposes of surveying, conducting soil tests and.•prepakng environmental and archeological assessments, on, over and across the PROPERTY in connection with the PROJECT. This right of entry is personal to BTU. It is not assignable, and any attempt to assign this Right of Entry will terminate the privileges granted to BTU hereunder. It is agreed .that in the use of the PROPERTY, BTU is acting independently and not as an agent,, employee, or representative of OWNER: To the extent provided by law; BTU shall indemnify and hold. harmless OWNER from and;against any and all claims, demands, losses; or liabilities of any kind or nature, which.OWNER may sustain or incur or which may be imposed upon OWNER for injury to or death of any person, or damage to property as a result, arising out of, or in any manner, connected with this Right of Entry or with the use of the PROPERTY by BTU or its authorized agents; except to the extent such claims, demands, losses,, or liabilities are caused by the negligence or willful misconduct of OWNER. BTU, by acceptance of this Right of Entry agrees to, at all times after completing any work on the PROPERTY, restore the surface of the PROPERTY, as nearly as possible,. to the condition in which the PROPERTY was found immediately before -such work was undertaken... When the context requires, singular nouns and pronouns include the plural. OWNER: Br ounty Brazos County RETURN THIS FORM TO: Threshold Land Services, Inc. Attn: Andrew Gronberg 1509 Emerald Parkway, Ste. 101 College Station, TX 77845 BRAZOSCOUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge DEPT. NUMBER 56001000 DATE OF COURT MEETING: October 16, 2012 ITEM: Consider and take action on acceptance of Riverstone Subdivision Phase 2 into the Brazos County road maintenance system; the roads (a portion of Riverstone Drive, River Bend Court, River Rock Drive and River Wood Court) and roadway drainage structures are in compliance with the Brazos County Subdivision and Development Regulations. Site is located in Precinct 2. SOURCE OF FUNDS: N/A NOTES /EXCEPTIONS: • Brazos County will assume no maintenance responsibility of concrete (i.e., driveways, mailbox pads, etc.), sidewalks or permanent mail receptacle structures in the right of way. • Brazos County will assume no maintenance responsibility for drainage ways or easements other than those running parallel to, or across the road/street rights of way. Private drainage ways and easements shall be maintained by the developer, individual property owners or Home Owners Association (HOA). • Developer, individual property owners or HOA shall be responsible for mowing and landscape maintenance of all rights of way and easements. SUBMITTED BY: e-19 ri►' R. Alan Munger, P. County Engineer CC2012 -047 This Request is,,A roved (or) Denied Date: / E. Duane Peters, County Judge 'Cf"IF Commissi ner Erasiast -? pjtw . by Commissioners' Court Vol. � ��_ Pg. BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2011 -2012 BUDGET YEAR NO. 11/12 51.1— 51.15 On this the I6 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 16th 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 16th 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. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 11112 - 51.1 A A" ellin4 IP're 1.6/1 01201-21 .. . ... 7R4 PPKPvq iN Vol. 9 pg. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 11112 - 51.2 1 011 61201 2 FUND DIV ACCT PROJ -DRICRI ACCOUNT NAME Increase Decrease 0100 10002000 53300000 CR I Employee Health Insurance 0.20 0100 10002000 51200000 DR I Sal - De t Heads 0.20 Veteran's Services Reallocation of funds to cover final payroll for FY 2012 due to rounding. Prepared "ByT; ° nnm �.: Qatek L T O1 T0120 1,2 Vol. pg._ — ' iaftrrient'App�oJal •_ •; ._.._._, �._. .r�..:«...� =Datec.�_:�,.�� into" I- Jud9eA: APP�ovat �'._.. �..,. �..' i;-: �_._._:_.. ���:. i,: .a� }s.�;::D' >.��•�� __.. Vol. pg._ — BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 11/12 - 51.3 FUND - DI V ACCT -- P - ROJ - b - R/CR CR DR _ ACCOUNT NAME Employee Health Insurance Hourly - Temporary Increase 730.00 Decrease 730.00 0100 0100 20000100 20000100 53300000 51640000 District Clerk- Administration Reallocation of funds to cover final navroll for FY 2012 d to temporary worker's working over allotted ho urs. 1 10/10%2012 11 F0 a Vol. pg.— Date: ` '•� � „ 1 Od1.0/20:'1:2� BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 11/12 - 51.4 VoL � � � Pg..._�O - 7-L L BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 11112 - 51.5 &MA4 FUND 2000 DIV 21005000 21005000 ACCT 53300000 51610000 PROJ DRICR CR DR ACCOUNT NAME Employee Health Insurance Hourly - Staff Increase 147.50 Decrease 147.50 2000 mcoun Comity Clerk Mgmt. Fund Reall ocation of funds to. cover final payrol for FY 2012 due to comp time payout.. « -T ' J � P re par edB y,,;�, ;fb?i j dt2 0.1 11 "74 mcoun Vol. pg. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 11112 - 51.6 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 22600100 53200000 CR Retirement 4.16 0100 22600100 51610000 DR Hourly - Staff 4.16 �' Associate Judge #1 lReallocation of funds to cover fi for FY 2012 due to comp time rate is higher than regular pay rate. L fi �4 �:P �•.S. i'J Wit: :n .�' r . � 'A.�:..:���'�� +`��V ,r,' .fi �.'.:',� _ - i } ,. �.:'� ,•: �, ^i. , gib,. '. �'� jPt'epared; By •.' s, : rift Co u0ty1Jud9e:APPiovtal -... ....._._..._,i. ..;_. ...... _.,_ Vol. _ f G� Pg• =�° Prepared „gy tinnm, BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 11112 - 51.7 A f%#4 C /9fl47 -.qao Vol. � �— Pg ` —` ...��••r,�� ... - y;.: — i ,.. � A: :'(. •.. _ _ ..9 y:”' BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 11112 - 61.8 10/1612012 FUND 0100 0100 biv 24101100 24101100 ACCT 53300000 51610000 PROJ DRICR CR DR ACCOUNT NAME Employee Health Insurance Hourly - Staff Increase 576.02 Decrease 576.02 — Just Reallocation of funds to cover final ayToll for FY 2012 d to part-time employee working over budgeted ho and comp ti me out. p nnifit r :1 :0/1;0120.12; ....... ,C666ty'Ad A NPOF I V017 — J , Pg.-4 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 11/12 - 51.9 10/16/2m FUND DIV — ACCT PROJ - d — PJCR ACCOUNT NAME Increase Decrease 0100 24201100 53300000 CR_ Employee Health Insurance 437.00 437.00 0100 24201100 51610000 DR_ Hourly - Staff Justice of the Peace #2-1 Reallocation of funds to cover final payroll for F 2 012 due to com time payout. T � ied"B 1P - '0/'20:1F2, ta a,e z D Appro A Vol pg -, do g_ BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 11/12 - 51.10 4 nf� &VM4 F UND DIV ACCT PROJ DR/CR CR CR DR ACCOUNT NAME Social Security Retirement Hourly - Staff Increase 1,780.23 Decrease 1,578.23 202.00 0100 0100 0100 30401100 30401100 30401100 5 3100000 -- 3200000 �1610000 Constable Pct. #4 Reallocation of funds to cover final a roll for FY 2012 due to com. time Payout. �,..- w~ l I�'t: �.t •GY' - l: s;.., 1. _ .Si „ ' ' :' • : - 7 6htA0 K . CbiAh 46dbo' pio-0.0 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 11 /12 - 51.11 in/16/2012 FUND DIV ACCT I PROJ [DR/CRI ACCOUNT NAME Increase Decrease 0100 31050000 53300000 '1 CR I Employee Health Insuiance - 4.08 0100 31050000 ' 51610000 1 DR lHourly-Staff 4.08 — Juvehile Title IV - E location of funds to cover final payroll for FY 2012 due to comp time Am BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 11/12 - 51.12 10/16/2012 FUNDI DIV I ACCT I - PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 35500100 53300000 CR jErnployee Health Insurance 0.21 0100 35500100 51610000 DR Hourly s - Staff 0.21 ent of funds to cover final for FY'2012 due to round !Prepared By E '< ,: 'nnm 2 'Date: I v - 01 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 11/1 - 51.13 4 W4 CJIM4 1 3 FUND 0100 0100 DIV 11000500 11010000 ACCT 72590000 7 2206000 2206000 PROJ — 6R/CR CR DR ACCOUNT NAME Professional Fees - Other Crt Appoin ed Attoneys- 272nd Increase Decre ase 60,000-00 A0 :D at e "c :�jl J��e W1 WpirtM44roy L Preo'Aft � nni r " . D Non - Departmental and Court Support-Criminal Reallocation of funds to cover court cost fees associated with mental cases for remainder of FY 12. Vol A0 :D at e "c :�jl J��e W1 WpirtM44roy L Preo'Aft � nni r " . D Vol BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 11112 - 51.14 10/1612012 FUND DIV ACCT PROJ DRICR ACCOUNT NAME Increase Decrease 0100 11000500 72590000 CR Professional Fees - Other 685.00 0100 26001000 61880000 DR Utilities 685.00 Non - De artmen and Community Supervision Reallocation of funds to cover utilities for remainder of FY 12. 777T B 1 41 i7l'. V n t iZ 'tbva Fd 0 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 11/1 - 61.15 0100 0100 U FUNDDIV ACCT 11000500 T25900-00 11020000 _71040000 110 0000 PR 07J DR/CR CR O R ACCOUNT NAME O Professional Fees - O t h er Contract Placement Increase 56,682.00 Decrease 56,682.00 — jw— Non = DeDartmental and Court Supporl Civil Reallocation of funds to cover contract lacement for Cou Support - Civil for remainder of FY 12. Rrepared� y ....nnR _ . _ .. :.1011.11201 2 ; . DAIte':.: ou dg6:`Ap BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2012 -2013 BUDGET YEAR NO. 12/13 3.1-3.3 On this the 16` 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 16th 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 2012, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 16th day of October 20.12. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS: By: Duane Peters, County Judge Original: Copies: County Clerks Office and Attached to the original budget County Auditor County Treasurer County Budget Officer Commissioners" Court Minutes BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12/13 - 3.1 An /AC /fn49 FUND 0100 DIV 11000500 ACCT 51820000 PROJ DR/CR CR ACCOUNT NAME Merit Pay Increase Decrease 4,072.00 0100 36000100 51610000 DR Hourly Staff 3,353.00 °< _Date: 0100 36000100 53100000 -...._ ..... _ _ .. _. ... DR Social Security 257 0100 36000100 53200000 DR Retirement 439.00 0100 36000100 53800000 ;Coon Jud e A i ak ;kF DR Worker's Comp 13.00 0100 36000100 53900000 DR Unemployment 10.00 Non - Departmental and Expo Reallocation of funds to cover merit award for personnel effective October 13, 2012.. sg.__7 kr s De'art royal "" <: °< _Date: - p•- - - ,._._.. _ �RP_....._�... >•- -...._ ..... _ _ .. _. ... pare !Pre" nnitf :Dafe� _ ;Coon Jud e A i ak ;kF �.. :.... _ ... ,. _. _ ...a..._ .` :.. - .._..... . sg.__7 � ' r r - l ,„ •. ,L 1tT� dt• �' Y ,F » .;.,�•�,rti i �P�epaeii By; `;, :. nnm 10/10!2012., Date:. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12113 - 3.2 )'eparfinent:APProvai���_._ __ ...._ �:. ��_ ..•._.�,._ _._.; . �o • BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12/13 - 3.3 FUND 3000 3000 3000 3000 3000 DIV 424100 424100 424100 424100 424100 ACCT 53300000 53320000 67342000 51200000 53100000 53200000 53800000 PROJ EE gSocial DR/CR CR CR CR DR lvnvfwlc ACCOUNT NAME Employee Health Insurance Employee Dental Insurance Furniture Sala - Dept. Head Security Retirement Workers Com Unemployment Insurance Increase 871.00 67.00 114.00 3.00 3.00 Decrease 0.00 7 10.00 ] 348.00 3000 3000 424100 424100 3000 424100 53900000 Metropolitan Planning Reallocation of funds due to reclassifying MPO Director, Class Code 2001 Position 1, Pay Code 12. �Prepared l _ �nnm Date P - 'County;JudgeApproval:: ..._._..._,_' ........, .._ -... V ol t U 7� L p C PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: October 16, 2012 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Change Requests Department Submitting Employee Em ee Request Action Requested Request(s) Applies To County Attorney Coppinger, Stephanie Resignation Luna, Josh Transfer Win Dept. Expo Fuller, Melanie New Hire Neveu, Michael Termination JP Pct-1 Sippel, Jessica Merit Walker, Courtney Merit MPO McCaleb, James New Hire SO Admin. Aranda, Jody Budget Change Ballew, Samuel Budget Change Bell, Matthew Merit Bowling, Marlys Budget Change Carlson, John Budget Change Carter, Carol Merit Cook, Helen Merit Cortemelia, Sharon Merit Crosthwait, Judy Merit Dennis, Nathan Budget Change Elliot, Kenny Merit Fickey, Mark Budget Change Field, Carla Merit Fraley, Kristopher Merit Frank, Edward Budget Change Hall, James Budget Change // Hearen, Joshua VON Merit Hernandez, Salomon Budget Change Hines, Scott Budget Change Krc, Helene Budget Change Kristof, William Merit Ledesma, Ricardo Merit Lindley, Douglas Budget Change Losack, Jerome Budget Change Lucas, Kevin Merit Martinez, Paul Budget Change McCarroll, Sean Merit McGee, Clayborne Budget Change Melasky, Melissa Merit Montoya, Patrick Budget Change Moynihan, Christopher Budget Change Navarro, Mary Budget Change Oldham, Clarence Budget Change Ostiguin, Jesse Budget Change Pauler, Donald Budget Change Pollock, John Budget Change Pollock, Tammy Merit Ramirez, Edward Budget Change Randall, Thomas Budget Change Schaefer, Ann Merit See, Larry Merit Schultz, Scott Budget Change Smith, Terry Merit Sowders, Lynda Merit Taplin, Frances Merit Thompson, Natasha Budget Change Wager, Jason Merit Wallace, Hugh Budget Change Ware, Jason Budget Change Warner, Donald Merit Wheat, Lee Ann Budget Change White, Steven Budget Change vol: __ �� 9 P �. �o SO Jail ,Road & Bridge Yarter, Jacob Baudoin, Micah Jones, Charles V. Needham, Christiana. Velasquez,. Dennis Coborn, Jesse Budget Change Resignation Other Transferw/in Dept. Transfer w /in Dept. New Hire J — o 1 Approved in Commissioners' Court:' October 2012: ' r ' r County Judge's or Commissioner's Signatue: �, f .. :. (This Copy to be, attached to minutes); 9 APPROVED Duane Peters ate County Judge Sales & Marketing Report Fourth Quarter V M Brazos County Expo - Quarterly Report Fourth Quarter Data - MY to September 2012 Sales Multi -Da Out of Count Events Hosted nd Sale Big Loop Big Money Team Roping Finals aNew Event 19 -22"d National Jr. Beefmaster Show Y Saddle and Sirlo L August 24 -26Unt 3 -5th US Calf Roping Association Gulf Coast Paint Horse Show Aug 31 -Sept 3«' Brazos Valley Fair & Expo Sept 6-9th New Event Camino Real Peruvian Horse Show Sept 14 -16 Construction Science Career Fair Sept 20 -21 It Texas A &M All Aggie Rodeo Sept 22 1. Contacts /Inauiries Number of Individuals /Groups contacted - 86 Number of Events Booked - 8 • Circus - September 2012 • Glidden Tour Luncheon October 2012 • Lone Star Fiber Expo-November 2012 • Health for All Fundraiser- March 2013 • Parent's Weekend Banquet- April 2013 • Houston Dressage Society Summer Show- June 2013 • Wedding Receptions - 7 2. Current leads • Tuley Productions Team Roping- April 2013 • Youth Career Fair- Spring 2013 • Mixed Martial Arts Event- Spring 2013 • Texas Jr. Shorthorn Wo � or • AQHA Adequan Select Show August 2013 • Reiterhof Dressage Show- September 2013 • Women's Pro Rodeo Association Finals- November 2013 • District 9 4 -H Roundup- April 2014 • National Dexter Show & Sale- June 2014 • Texas Junior Brahman Show- July 2014 • National Guard Assoc. of Texas Conference 2016 • Texas Farm Bureau Conference 3. Retained Business 14 out of 16 events have rebooked. Other events are still pending dates. Marketing 1. Website Stats Visits and Visitors - 11,720 visits from 8,574 visitors in 677 cities New Visitors - 7,976 or 68.05% Returning Visitors - 3,744 or 31.95 Average # of Pages Viewed per visit - 4.01 Total Page views - 47,033 Average Time on Site per visit - 00:02:21 Location - Top 6 visitor cities and number of visits College Station - 4,128 Houston -1,894 Bryan - 1,024 Dallas - 579 St Louis - 348 Austin - 342 San Antonio - 132 Mobile - Top 5 devices and number of visits iPhone - 2,086 iPad - 621 Sony LTI 5i - 254 Not set -135 Motorola DroidX - 53 HTC EVO 4G - 51 Traffic Sources - How visitors find our website and number of visits Search (search engines Google, Yahoo, Bing, etc.) - 8,846 or 75-4810 CV #2 - Referring (other websites linking to ours) - 1,276 or 10.89,- #3 - Direct (typing our url directly into their web browser) - 1,585 or 13.52 Content - Top 5 pages visited and number of views Home Page - 10,882 Calendar - 9,571 Facility -1,175 Contact- 1,326 V'; Albums- 1,149 Brazos Valley Fair Link on Calendar - 2,023 The following websites were also updated New Videos were added to the Expo main site Twitter.com - Followers 1,009 Google Places - 8,740 impressions, 2,746 actions Community Calendars Updated The Eagle.com Southwest Horse Trader BCSCVB Insite KBTX Facebook 2. Social Media Profile Stats Facebook.com - Likes 880 with a total of 377,655 friends of fans Facebook Reach (Statistics from Direct Page Analysis) Overall 3,702 USA 14 Mexico 21 Canada By City 614 College Station 108 Houston 78 Dallas 59 Austin 52 Fort Worth 3. Advertising Full page Texas Meeting and Planners Guide (Summer Issue) Half page Brazos Valley Bride (Fall Issue) Cowboy Sports News (July, August) Barrel Racer News (July, August) Super Looper (July, September) Southwest Horse Trader (July, August, September) *Although not a part of our direct advertising all ads associated with the Brazos Valley Fair & Expo were also beneficial in gaining further recognition for the Brazos County Expo Complex. For example on Facebook the reach of BVF ads that included Expo info during one time frame of 8/22/12 through 8/28/12 was 70,270 people. From 9/3112 through 9/9/12 Facebook ads reached 38,397 people. Plus the exposure from all ads (magazine, newspaper, radio and television included mention of the Brazos County Expo, over $75,000 in advertising dollars) V0!- FY 2013 First Quarter Sales and Marketing Previ multi-Day-[Out of County Events to be held Stock Horse of Texas Clinic/Show October 4-7th Greater Houston Quarter Horse Show October 12-14th New Even, Special Olympics of Texas Athlete Village October 26-27th State of Texas Alpaca Ranchers Lone Star Fiber Expo Nov. 3-4th New Event Texas Quarter Horse Association Fall Classic Nov. 23-25th New Event District 9 4-H Southern Classic Livestock Show Dec. 7-9th Advertising Full page Texas Meeting and Planners Guide (Fall Issue) Southwest Horse Trader (October) Facebook Advertisements Prospective Clients Visits -we will be working on contacting prospective clients and making visits to work on new events coming to the Expo. I V C Brazos County Purchasing Department Weekly Update 10/04/12 —10/11 /12 Number of PO's Processed: 60 Requisitions Completed: 5 Capital Payments: 2 Projects In Progress Construction Courthouse: Phase III - Currently working on detention area on 1 st floor o Floor finishes and painting - Currently working on mechanical yard in courtyard area o Installing Chillers and generator - Elevator in progress • Pouring slab in basement • Installing framework Bids/ RFP's/ RFQ's RFQ for MPO RFQ for Surveyor RFQ for Tax Office Architect Poly Jute Inmate Telephone Services Janitorial and Cleaning Supplies Collection of Fines and Fees Road Signs and Sign Posts Cold Mix Limestone Renewals Sheriff's Office Uniforms Solicitation of Quotes Benches for Magistrate Courtroom AN for Magistrate Courtroom Tree Removal Service - Evaluation Responses - Evaluating Responses - Evaluation Responses -Dept. reviewing specs -Legal Reviewing Contract -Specs in Progress - Proposals being del. To committee members - Advertising 10/3 & 10/10 - Advertising 10/3 & 10110 - Awarded in Court 10/2 -Court Approved 7/24 - Solicitation in progress - Quotes due 10/29 Vol. pgg - _ 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 ACKNOWLEDGED Duane Peters Date County Judge gel 1 } LAW ENFORCEMENT AGENCY REQUEST FO.RM' ACCESS TLO SYSTEMS ( * ** *LAW ENFORCEMENT ONLY * * * *) TLO is dedicated to creating technologies, systems, and tools that protect children, - people, companies,. and countries from risk, fraud and theft. TLO applauds the efforts of our law enforcement officers across the country in the fight against crime, and, is proud to provide our tools free of charge to Law Enforcement Agencies to aid the fight against crime. TLO requires the Agency's legal designee to make application as follows: Agency Name: Brazos Count Constable Precinct 2 Agency Address: 200 S Texas Ave Suite 151, B an TX 77803 -3877 Agency Phone # : 9793614477 Agency Web Site: htt : / /www.co.brazos.tx.us Agency OR[: 0210300 Number of Sworn Positions in the Agency: Unknown I, -- 11 � � ■ - 1. ► � �r�ij� E -mail Address: Supervisory Rank With Authority to Bind the Agency Name: Division: s McDermott Rank Chief Deputy Direct.Phone #: 10793614477 Cell Phone #: 9794121305 ID /Badge Number: �— E -mail Address: cmcdermott@co.brazos:tx_us e Revised 7/6/12 Account # 576765 Vol //I Subscriber Initials Page 1 of 5 (The person. responsible for managing your account on behalf of the Agency.) Name: Chris McD ermott i Division: Rank: Chief De ut ID/Badge Number: Address (if not Headquarters): Direct Phone #: 979- 361 -4477 Cell Phone #: 979-412 -1305 —� E -mail Address: SAX.us The responsibilities of the Administrator are: 1.To coordinate the appropriate use of TLO Systems according to the agreed Acceptable Use Requirements. 2.To keep current a complete roster of all employees who'have been granted rights to access and use TLO Systems, and to monitor appropriate use. 3.To provide required information to TLO to ensure the appropriate use:and control of TLO Systems.. Revised 716112 7 F x0l /�. f._ . �- Account # 576765 p Subscriber Initials QQ Page 2 of 5 r �l } L d -'* TLO Acceptable, Use Requirements for Law Enforcement: TLO.is, dedicated to creating technologies, systems, and tools that protect children, people, companies, and countries from risk, fraud and theft. TLO applauds the efforts of our law enforcement officers across the country 'in the fight against crime, and is proud to provide our tools free of charge to Law Enforcement Agencies to aid the fight against crime. 1. The Authorized Agency Designee of the Agency.must make application for the Agency overall. Once approved, an administrator will be appointed by the Agency to oversee the use of TLO Systems by the Agency, including authorizing access, ensuring appropriate use,, and removing access for any employee when warranted. 2. Subject to these Acceptable Use Requirements, TLO grants a license to the Agency to permit online access to TLO Systems at no charge solely for law enforcement purposes. You must acknowledge and agree to these Acceptable Use Requirements by signing this Acceptable Use Requirements form, and strictly abiding by the requirements included here. 3. The Agency understands and acknowledges that data is sometimes entered ,poorly, processed incorrectly, and generally not free from defect. The results found from TLO Systems should not be relied upon as accurate. Before relying on any information provided by TLO Systems, you must verify it independently through other investigative means in accordance with your Agency's guidelines and protocols. The Agency agrees to hold TLO harmless for any of the Agency's use of the TLO Systems and the information provided by TLO Systems. 4. Members of the Agency must not share access to TLO Systems with anyone who is not in the Agency. 5. You will not use or allow use of"TLO Systems for any commercial or non -law enforcement purposes. 6. Use of TLO Systems, and access to any information provided by TLO Systems, may be suspended or revoked at any time by TLO. 7. The Agency agrees it is familiar with laws governing the use of data. 'The TLO Systems contain data regulated by the Gramm - Leach - Bliley Act, 15 U.S.C. Section 6801 at seq. ( "GLB "), and the Driver's Privacy Protection Act, 18 U.S.C. Section 2721. at seq. ("DPPA"). The screens that display information from the TLO Systems clearly indicate that the results are to be used for Law Enforcement Purposes only; GLB and DPPA permit data to be used for Law Enforcement.Purposes. You will also have an option to suppress any GLB and DPPA data, if you are ever in doubt, since for each use, you must, comply with the GLB and DPPA permissible uses. (A) Applicable GLB uses for law enforcement; • To the extent specifically permitted or required under laws other than GLB, and in accordance with the Right to Financial, Privacy Act of 1978, to law enforcement agencies, to self - regulatory organizations, or for an investigation on a matter related to public safety. • To protect against or prevent actual or potential fraud, unauthorized transactions, claims,, or other liability. Subscriber Initials Revised 7/6112 / -..- ` Page 3 of 5 Account # 576765 i • To comply with Federal, State, or local laws, rules and other applicable legal requirements. (B) Applicable DPPA uses for law enforcement: • Use, by any government agency, including any court or law enforcement agency; in carrying out its. functions, or any private person or entity acting on behalf of a Federal, State, or local agency in carrying out that agency's functions. • Use.in connection with any civil, criminal, administrative, of arbitral proceeding, in any Federal, State, or local court or agency, or before any self - regulatory body, including the service of process, investigation in anticipation of litigation, and the execution or, enforcement of judgments and order's, or pursuant to an order of a Federal, State, or local court. 8. TLO is not a consumer reporting agency. The Agency shall not use TLO Systems for any purpose governed by the federal Fair Credit Reporting Act, 15 U.S.C. Section 1681 et seq.. ( "FCRA "), including to determine eligibility for credit, insurance, employment, or other purpose governed by the FCRA. 9. The Agency will manage its' account in compliance with Agency g uidelines and these Acceptable Use Requirements, including, without limitation: (i) designating an appropriate Administrator; (ii). adding appropriate Agency employees as users; (iii) maintaining accurate records of all current employees with access to, and former employees who have ever accessed, TLO Systems; (iv) issuing guidelines for the appropriate use of TLO Systems by its users; and (v) terminating, access when a user departs from the Agency, transfers to new duties not requiring access, or is suspected of improper access or use of TLO Systems. 10. The Agency may not assign the license to access TLO Systems, in whole or in part. These Acceptable Use Requirements and. the TLO Terms and Conditions located at http:// www..tlb .corri /termsandconditions /LE, incorporated by reference, constitute the entire agreement between Agency and TLO. All of the foregoing is accepted and agreed to by: Signed Q By. Authorized Agency !Designee Date Please complete and attach the following documentation. For questions, please send an email to LE- Credentialing @TLO.com. • Law Enforcement Identification Cards for the Authorized Agency Administrator. • Law Enforcement Agency Request Form and,TLO Acceptable Use Requirements - All fields must be completed. Fax the information to Credentialing at (561) 226 -9717 on Department/Agency letterhead. RAM Revised 716112 Account # 576765 Subscriber Initials i Page 4 of 5 REQUIRED DOCUMENTS • Completed Law Enforcement Agency Request Form To Access TLO Systems • Copy of Law Enforcement identification or Photo ID with Business Card e ° s Subscriber Initials Revised 7 /6112 V(? ` 9 93 Account # 576765 - -f - -- r - -- j Page 5. of 5 5