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HomeMy WebLinkAbout2012-12-18-10AM-REGULARI i el NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON DECEMBER 18, 2012 AT 10:00 AM IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVE., SUITE 106, BRYAN, TX 77803 1. Invocation and Pledge of Allegiance - U.S. and Texas Flag - Chaplain G.H. Jones and Commissioner Catalena 2. Call for Citizen input and /or concerns. 3. Presentation(s) Update from the Brazos Valley Groundwater Conservation District. Consider and take action on agenda items 4 - 23: 4. Rea ointment of the following as fire commissioners for Brazos County Emergency Services District #2: term of appointments are 1/1/13 to 12/31/f • a. Donald Lampo • b. Diana Kurten • c. Larry West 5. Reappointment of Kent Watson to the Board of Directors for the Brazos Valley Groundwater Conservation District: term of appointments are 1/1/13 to 12/31 /1 X 1 1 _ 6. Request for the formation of a committee to evaluate building maintenance, fleet maintenance and protect management software consistina of the followina members: • a. Ernest Stuffs. Director of Buildina Maintenance • b. Ken Chadwick. Road & Bridae Shop Foreman • c. Charles Wendt, Purchasina Agent • d. Eric Caldwell. Director of Information Technoloov Vol. -� 7.3 Pg. /�� BRAZOSCOUNTY BRYAN,TEXAS • e. Irene Jett, Budaet Officer • f. Duane Peters, County Judge 7, Approval of Official Bonds. 8. Re guest form the County Extension Office for Jerod Meurer to travel to Denver. CO with the 4 -H Livestock Judaina Team; dates of travel are January 9- 13.2013. g, Approval of Blue Cross/Blue Shield Renewal Document for 2013 10. Approval of Pension Protection Act of 2006 Heroes Earnings Assistance and Relief Act of 2008, 11 . Request from Risk Management for authorization to transfer 300 cots to other governmental age ncies for emeraencv management supplies. 12. Pay Authorization to Thompson Derria & Craig PC In the amount of $500 for accounting ser vices on a land lease calculation protect Purchase Order was obtained but closed before final invoice was received. 13 . Payment Authorization to Performance Food Group LLC in the amount of $2.263.93 for food ite at the Detention Center; invoiced amount exceeded amount remainina on purchase order. 14, Consider and take action on an agreement for the payment and use of Brazos County funds by and between Brazos Valley Fair & Exposition and Brazos County, Texas. 15. Agreement with Aaaleland Humane Society for FY 2013. 16. Re guest from the Sheriff's Office- Jail Division for approval to use unexpended capital funds to purchase 2 blood draw chairs. 17, Permission to Advertise Bid # 2013 -28 Network Cabling Supplies. 18. Consider and take action on the Wellborn S.U.D. utility permit to construct 2" road bore. This p 19. Budget Amendments. Budaet Amendments FY 12/1312.1 thru 12.7 20. Requisition #00041002 to Lone Star Uniforms for the amount of $2,725.00 for the purchase of (5) b armor vests for the Brazos County Sheriff's office using TXMAS # 9- 84010. 21, App roval of the following manual requisitions for furniture to the jail expansion in the total amou of 3124.36: • a AEDEC Intemational, Inc., Amount: $1868.00 • b. Wilton's OfficeWorks, Amount: $805.78 • c. Norix, Amount: $450.58 22. Personnel Change of Status. Personnel Action Forms 23. Payment of Claims. 24. Discuss the change of duties in the District Clerk's Office. 25. Sheriff's report on inmate population. 26. Announcement of interest items and possible future agenda topics. Vol. �_ Pg. /_ 27. Call for Citizen input and /or concerns. 28. Adjourn. Vol. —jIj— Rg. 1-- 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 Courts presence and/or racial, ethnic or gender slurs or epithets will not be tolerated. Violation of these rules may result in the following sanctions: 1. cancellation of a speaker's time; 2. removal from the Commissioners Court; 3. a Contempt Citation; and /or 4. such other and /or criminal sanctions as may be authorized under the Constitution, Statutes and Codes of the State of Texas. The County Commissioners Court can deliberate or take action only if a matter has been listed on an agenda properly posted prior to the meeting. During the public comment period, speakers may address matters not listed on the published agenda. The Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court. However, responses from the County Judge or Commissioners to unlisted public comment topics could become deliberation on a matter without notice to the public. To ensure the public has notice of all matters the Commissioners Court will consider, the County Judge and/or Commissioners may choose not to respond to public comments, except to correct factual inaccuracies, recite existing policy in response to an inquiry or to ask that a matter be listed on a future agenda. See Texas Open Meetings Act ? 551.042. INVOCATION Any invocation that may be offered before the official start of the Court meeting shall be to and for the benefit of the Court. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Court and do not necessarily represent the religious beliefs or views of the Court in part or as a whole. No member of the community is required to attend or participate in the invocation and such decision will have no impact on their right to actively participate in the business of the Court. The Commissioners Courtroom of the County Administration Building, 200 South Texas Ave., Suite 106, Bryan, TX 77803 is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two working days before the meeting. To make arrangements, please call (979) 361 -4102. Vol. -Z l'.✓ 7 Pg. 17 BRYAN,TEXAS MINUTES December 18, 2012 BRAZOS COUNTY COMMISSIONERS COURT REGULAR MEETING Signature Page.odf Sian in sheet.odf File Stamped Aaenda.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, December 18, 2012 with the following members of the Court present: Duane Peters, County Judge, Presiding; Lloyd Wassermann, Commissioner of Precinct 1; Sammy Catalena, Commissioner of Precinct 2; Kenny Mallard, Commissioner of Precinct 3; Irma Cauley, Commissioner of Precinct 4; Karen McQueen, County Clerk. The attached sheets contain the names of the citizens and officials that were in attendance. Invocation and Pledge of Allegiance - U.S. and Texas Flag - Chaplain G.H. Jones and Commissioner Catalena 2. Call for Citizen input and /or concerns. There was no citizen input. 3. Presentation(s) Vol. _ / BRAZOSCOUNTY Update from the Brazos Valley Groundwater Conservation District. Allan Day, the new General Manager of the Ground Water Conservation District introduced himself to the members of the Court by giving them his background information. He then updated them on the current activity and all aspects of the District. Consider and take action on agenda items 4 - 23: 4. Reappointment of the following as fire commissioners for Brazos County Emergency Services District #2; term of appointments are 1/1/13 to 12/31/14: ED Item 4.ndf • a. Donald Lampo • b. Diana Kurten • c. Larry West Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Lloyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . 5. Reappointment of Kent Watson to the Board of Directors for the Brazos Valley Groundwater Conservation District; term of appointments are 1/1 /13 to 12/31/14. lb Item 5.pdf Allan Day, General Manager of the Ground Water Conservation District noted that the term should be four (4) years ending in 2016. Commissioner Cauley moved to correct the term. Commissioner Mallard seconded the motion and it carried unanimously. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters, Wassermann . 6. Request for the formation of a committee to evaluate building maintenance, fleet maintenance and project management software consisting of the following members: 0 Item 6.Ddf • a. Ernest Stutts, Director of Building Maintenance • b. Ken Chadwick, Road & Bridge Shop Foreman • c. Charles Wendt, Purchasing Agent • d. Eric Caldwell, Director of Information Technology • e. Irene Jett, Budget Officer • f. Duane Peters, County Judge Motion: Approve, Moved by Commissioner Lloyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann . 7. Approval of Official Bonds. Item 7.odf The following bonds were approved: Rodney Anderson, County Attorney Jarvis Parsons, District Attorney Kristeen Roe, Tax Assessor /Collector Lloyd James Wassermann, County Commissioner, Precinct 1 Christopher C. Kirk, Sheriff Vol. r- 9• Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann . 8. Request form the County Extension Office for Jerod Meurer to travel to Denver, CO with the 4 -H Livestock Judging Team; dates of travel are January 9 -13, 2013. lb Item 8.odf Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . 9. Approval of Blue Cross /Blue Shield Renewal Document for 2013 Item 9.odf Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann. 10. Approval of Pension Protection Act of 2006, Heroes Earnings Assistance and Relief Act of 2008, and Worker, Retiree, and Employer Recovery Act of 2008 Amendment Document to the Security Benefit Deferred Compensation Plan. 0 Item 10.adf Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard, Peters, Wassermann . 11. Request from Risk Management for authorization to transfer 300 cots to other governmental agencies for emergency management supplies. Item 11.pdf Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . 12. Item 12.odf Payment Authorization to Thompson, Derrig & Craig PC in the amount of $500 for accounting services on a land lease calculation project. Purchase Order was obtained but closed before final invoice was received. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by County Judge Duane Peters. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann . 13. Payment Authorization to Performance Food Group LLC in the amount of $2,263.93 for food items at the Detention Center; invoiced amount exceeded amount remaining on purchase order. Item 13.odf The request for payment authorization is due to insufficient funds on purchase order #13000715. Performance Foodservice incorrectly shipped the quantities needed for the November food order for the Brazos County Detention Center. The amount exceeded the purchase order by $811.78. The purchase order will be closed with a balance remaining of $1,1644.57 encumbered. The request is for the total invoiced amount of $2,263.93. Vol. �__ Pg. _l_1� Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann . 14. 1 Item 14.odf Consider and take action on an agreement for the payment and use of Brazos County funds by and between Brazos Valley Fair & Exposition and Brazos County, Texas. The term of the agreement is for one (1) year. A copy of the Agreement is attached. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley , Mallard , Peters , Wassermann . 15. Agreement with Aggieland Humane Society for FY 2013. 21 Item 15.odf Brazos County will fund the Aggieland Humane Society $83,671.00 for a term of one year. In exchange the Humane Society agrees to house stray, unwanted or abandoned animals. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by County Judge Duane Peters. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann . 16. Request from the Sheriff's Office- Jail Division for approval to use unexpended capital funds to purchase 2 blood draw chairs. Item 16.gdf These will be used to draw blood from DWI suspects at the County Jail. This is at the request of the County Attorney. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters , Wassermann . 17. Permission to Advertise Bid # 2013 -28 Network Cabling Supplies. Item 17.pdf Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters, Wassermann . 18. Consider and take action on the Wellborn S.U.D. utility permit to construct 2" road bore. This project will provide water service to customer at address 909 Deer Hill Drive (Deer Hill Estates Subdivision). Site is located in Precinct 4. 0 Item 18.gdf Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters , Wassermann . 19. Budget Amendments. Budget Amendments FY 12/13 12.1 thru 12.7 Item 19.odf VOI._ Pg. ��'[ 12.1 Reallocate funds for County Agriculture Extension 12.2 Reallocate funds for Sheriff -Jail Administration 12.3 Reallocate funds for Capital Projects 12.4 Transfer funds from General Fund Contingency to Community Support 12.5 Reallocate funds for Jail Inmate Holding Remodel 12.6 Reallocate funds for JP 2.2 Technology Fund 12.7 Reallocate funds for Capital Projects Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, , Mallard, Peters, Wassermann . 20. Requisition #00041002 to Lone Star Uniforms for the amount of $2,725.00 for the purchase of (5) body armor vests for the Brazos County Sheriff's office using TXMAS # 9- 84010. Item 20.pdf Motion: Approve, Moved by Commissioner Lloyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, , Mallard , Peters , Wassermann . 21. Approval of the following manual requisitions for furniture to the jail expansion in the total amount of $3124.36: 0 Item 21.pdf • a. AEDEC International, Inc., Amount: $1868.00 • b. Wilton's OfficeWorks, Amount: $805.78 • c. Norix, Amount: $450.58 Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, , Mallard, Peters, Wassermann . 22. Personnel Change of Status. Personnel Action Forms 0 Item 22.pdf A copy of the Personnel Change of Status Requests is attached. Motion: Approve, Moved by Commissioner Lloyd Wassermann, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley, , Mallard , Peters , Wassermann . 23. Payment of Claims. Claims Sheet.pdf BILL LIST 12.18.12.pdf 7105191 through 7105400 Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Lloyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley , Mallard , Peters , Wassermann . 24. Discuss the change of duties in the District Clerk's Office. D Item 24.pdf Vol. � � R9• / `�� The County Judge told the District Clerk that he and the Auditor had looked at the fees brought in for passports last year and it was $39,000. Since the District Clerk has announced that he will no longer accept passport applications, then he'd like to hear from him because that is the equivalent of one position. The District Clerk addressed all the issues involved with the state, cost per person to take photos, supplies, copier maintenance, paper, postage, training, time to process application and annual certification. Then he went on to say that the fees to expedite a passport go straight to the federal government with nothing for the county. He continued by saying that his staff spends more time dealing with inconsistencies from the federal government. Citizens expect his office to give them answers when neither he or his staff understand the reasons for the inconsistent reasons for rejecting applications. The post office lost it's certification and his office started seeing approximately 250 passport applications per day. The federal government didn't inform his office of the post office's loss of certification. His office has always had exemplary status and is certified. The post office has regained it's certification. Mr. Hamlin continued to address the strain on the current staff and how busy they are with capital murder cases and the appeals process. The County Judge said that the fact is the work load went down and the Court must look at positions budgeted. This is not an action item today nor does he want to see someone laid off but there is a significant turn over. The next time someone leaves, the court may decide to adjust. He is looking at an agenda item next week. The Judge went on stating that he can appreciate Mr. Hamlin's reasons for not accepting applications but he still must consider an adjustment to staff if he is no longer handling passports. Mr. Hamlin stated he had brought this up in May and the Judge never conveyed there would be any reduction in staff. The County Judge reminded Mr. Hamlin of the budget two (2) years ago when he wanted to eliminate a position that had been vacant for more than a year, but after discussion he left the position in the budget. He feels now that there may be a position not needed. Commissioner Catalena asked even though passports is not a requirement of the office of the District Clerk, didn't he think we should do all to help citizens. Mr. Hamlin replied that it was too big of a risk and there are other places to go for passports. The County Judge said he was not advocating for or against handling passports but the court must look at continuing to fund a position with a decreased workload. Mr. Hamlin said he had a position available now. The County Judge asked him to consider holding off hiring someone for the position until the court makes a decision and Mr. Hamlin said he would. Mr. Hamlin made it clear that he does not agree with the idea of a lessened workload and stated he has put off asking for personnel even though it was needed. Commissioner Wassermann said he wished that Mr. Hamlin had contacted the court members about this topic so that we could have had this conversation before something was done. It would have meant more to him. Mr. Hamlin replied that he had emailed the County Judge and then asked why the Judge hadn't forwarded it to the Court. The County Judge replied that he was not risking an open meetings violation and that Mr. Hamlin should have sent it to the members of the Court. Vol.- pg.�� 4 25. Sheriff's report on inmate population. Sheriff Chris Kirk stated there were 576 inmates in jail, 59 have electronic monitors and 17 are pending for monitors. 26. Announcement of interest items and possible future agenda topics. There were no announcements. 27. Call for Citizen input and /or concerns. There was no citizen's input. 28. Adjourn. 173 r -!J�-- The foregoing minutes of the Commissioners Court meeting held December 18, 2012 have been examined and are approved in open Court this _ day of �Lfhlo- , 2013, in Bryan, Brazos County, Texas. I I L Duane Peters County Judge , Precinct 2 Lloyd assermann Commissioner, Precinct 1 Kenny Mallard v Commissioner, Precinct 3 Irma Cauley Commissioner, Precinct Attest: L Karen McQueen County Clerk Vol 173 Page 191k BRAZOS COUNTY COMMISSIONERS COURT Meeting on 00 Cc PAGE t o f 7 ,7 Vol. g. Organization Department , 0 F, FIRM—, A MWA WE i�la w 40 R 9,�n ! . .� N I rw�" r� . .. W-F MR M-0/1 ._ PAGE t o f 7 ,7 Vol. g. BRAZOS COUNTY COMMISSIONERS COURT M eeting on O DL-,:�g -$Wcb�@ Name Organization Department I v,�, t ■ i i l , �;V PAGE - Z F -, 173 -.° ASO Benefit Program Application ( "ASO BPA ") Application to Administrative Services Only (ASO) Group Accounts Administered by Blue Cross and Blue Shield of Texas, a division of Health Care Services Corporation, A Mutual Legal Reserve Company, hereinafter referred to as the "Claim Administrator or "HCSC" Group Status: Renewing ASO Account Employer Account Number (6- digits): 080950 Group Number(s): Section Number(s): ALL Effective Date: 01/01/2013 Anniversary Date (AD): 01/01 Leoal Employer Name: Brazos County Physical Address (if different from Primary - required): City: State: Zip: Billing Address: City: State: Zip: Billing Contact: Title: Phone Number: Fax Number:- Email Address: Blue Access for Employers (BAE) Contact:��— _ ___. -� (The BAE Contact is the Employee of the account authorized by the Employer to access and maintain its account via BAE.) Title: Pho ne Number: Fax Number: Email Address: Subsidiary/Affiliated Companies: Contact: City: Phone Number: ERISA Plan: ❑Yes ❑ No ERISA Plan Administrator: Subsidiary/Affiliated Companies Address: Title: State: Zip: Fax Number: Email Address: If yes, specify ERISA Plan Year: (mm /dd /yy) Plan Administrator's Address: Effective: If applicable, the below -named producer(s)or agency(ies) is /are recognized as Employer's Producer of Record (POR) to act as representative in negotiations with and to receive commissions from Blue Cross and Blue Shield of Texas, a division of Health Care Service Corporation (HCSC), a Mutual Legal Reserve Company, and HCSC subsidiaries for Employer's employee benefit programs. This statement rescinds any and all previous POR appointments for Employer. The POR is authorized to perform membership transactions on behalf of Employer. This appointment will remain in effect until withdrawn or superseded in writing by Employer. 1. *Producer(s) or Agency(ies) to whom commissions are to be paid: Tax ID Number (TIN) of ❑ Producer or ❑ Agency: Producer #: Producer Street: City: Zip: Address: Phone: Fax: Email: Is Producer /Agency appointed with BCBSTX? ❑ Yes ❑ General Agent? ❑ Yes ❑ No No Affiliated with General Agent? ❑ Yes ❑ No 2. *Producer(s) or Agency(ies)** to whom commissions are to be paid: Tax ID Number (TIN) of ❑ Producer or ❑ Agency: Producer #: hcsc tx gen aso bpa 8.31.12 (on -line version) 172 ra,1 o Employer Identification Number: SIC: Nature of Business: Primary Address: Public Entity? ❑ Yes ❑ No City: State: Zip: Administrative Contact: Title: Phone Number: Fax Number: Email Address: Agency Address: Street: City: Zip: Phone: Fax: Email: Is Producer /Agency appointed with BCBSTX? ❑ Yes ❑ General Agent? ❑ Yes ❑ No No Affiliated with General Agent? ❑ Yes ❑ No If commission split, designate percentage for each producer/ Producer /Agency 1: Producer /Agency 2: agency. Note: total commissions paid must equal 100% % % 3. Multiple Location Agency(ies): If servicing agency is not listed above as Item 1 or 2, specify location below: The Producer or agency name(s) above to whom commissions are to be paid must exactly match the name(s) on the appointment application(s). " If commissions are split, please provide the information requested above on both producerslagencies. BOTH must be appointed to do business with BCBSTX. Eligible Person means: ❑ A full -time employee of the Employer. ❑ A full -time employee who is a member of: (name of union) ❑ A part -time employee of the Employer. ❑ A retiree of the Employer. ❑ Other: Are any classes of employees to be excluded from coverage? ❑ Yes ❑ No If yes, please identify the classes and describe the exclusion: 2. Full -Time Employee means: ❑ A person who is regularly scheduled to work a minimum of hours per week and who is on the permanent payroll of the Employer. ❑ Other: 3. Domestic Partners covered: ❑ Yes ❑ No If yes: A Domestic Partner, as defined in the Plan, shall be considered eligible for coverage. The Employer is responsible for providing notice of possible tax implications to those Covered Employees with Domestic Partners. If yes, are Domestic Partners eligible to continue coverage under COBRA? ❑ Yes ❑ No If yes, are dependents of Domestic Partners eligible for coverage? ❑ Yes ❑ No If yes, the Limiting Age for covered children of Domestic Partners means twenty -six (26) years, regardless of presence or absence of a child's financial dependency, residency, student status, employment, marital status or any combination of those factors. 4. Are children of any age who are medically certified as disabled and dependent on the employee for support and maintenance eligible for coverage? ❑ Yes ❑ No Are children over the Limiting Age who are medically certified as disabled and dependent on the employee for support and maintenance eligible for coverage under the plan if they were not covered under the plan prior to reaching the Limiting Age? ❑ Yes ❑ No 5. Are unmarried grandchildren eligible for coverage? ❑ Yes ❑ No If yes, must the grandchild be dependent on the employee for federal income tax purposes at the time application is made? ❑ Yes ❑ No 6. The effective date for a newly eligible person who becomes effective after the employer's initial enrollment date: ❑ The date of employment. ❑ The day of the month following the date of employment. ❑ The day of the month following days of employment. ❑ The day of the month following ❑ The day of employment. ❑ Other: hcsc tx gen aso bpa 8.31.12 (on -line version) month(s) or days of employment. i Is the waiting period requirement to be waived on initial group enrollment? (The waiting period means the waiting period an Employee must satisfy in order for coverage to become effective. Covered family members do not have to satisfy a waiting period to become effective.) ❑ Yes ❑ No Are there multiple new hire employee waiting periods? ❑ Yes ❑ No If yes, please attach eligibility and contribution details for each section. 7. The Effective Date of termination for a person who ceases to meet the definition of Eligible Person: ❑ The date such person ceases to meet the definition of Eligible Person. ❑ The last day of the calendar month in which such person ceases to meet the definition of an Eligible Person. ❑ Other: B. The Limiting Age for covered children is Twenty -six (26) years, regardless of presence or absence of a child's financial dependency, residency, student status, employment, marital status or any combination of those factors. For plan years beginning before January 1, 2014, an ASO grandfathered group health plan may exclude an adult child under 26 from coverage only if the child is eligible to enroll in an eligible employer sponsored health plan (as defined in Section 5000A(f)(2) of the Internal Revenue Code) other than a group health plan of a parent. To cover children age twenty -six (26) and over, you must select option J. or ii. below i. ❑ The Limiting Age for covered children age twenty -six (26) or over, ❑ who are unmarried ❑ regardless of marital status, is years. Twenty-seven (27) through thirty (30) are the available options. ii. ❑ The Limiting Age for covered children who are full -time students and age twenty -six (26) or over, ❑ who are unmarried ❑ regardless of marital status, is years. Twenty-seven (27) through thirty (30) are the available options. Student certification: ❑ Account or ❑ BCBSTX or ❑ None Frequency of Certification Letters: Annually (AN) ❑ Quarterly (QU) ❑ Semi - Annually (SA) ❑ • Certification Schedule: Month 1: Month 2: Month 3 Month 4: • For Annual Notification, indicate one month (Jan -Dec) for notification, for Semi - annual, select 2 months, for quarterly, select 4 months Automatically cancel dependents who reach the maximum limiting age? ❑ Yes ❑ No However, such cancellation shall be postponed in accordance with any applicable federal or state law. 9. Termination of coverage upon reaching the Limiting Age: ❑ Coverage is terminated on the birthday. ❑ Coverage is terminated on the last day of the month in which the Limiting Age is reached. ❑ Coverage is terminated on the last day of the billing month. ❑ Coverage is terminated on the last day of the year (12131) in which the Limiting Age is reached. ❑ Coverage is terminated on the group's Anniversary Date. Will coverage for a child who is medically certified as disabled and dependent on the parent terminate upon reaching the Limiting Age even if the child continues to be both disabled and dependent on the parent? ❑ Yes ❑ No However, such coverage shall be extended in accordance with any applicable federal or state law_ 10. Enrollment: Special Enrollment. An Eligible Person may apply for coverage, Family coverage or add dependents within thirty -one (31) days of a qualifying event if he /she did not apply prior to his /her Eligibility Date or when eligible to do so. Such person's Coverage Date, Family Coverage Date, and /or dependent's Coverage Date will be the effective date of the qualifying event or, in the event of Special Enrollment due to termination of previous coverage, the first day of the Plan Month following receipt of the application. In the case of a qualifying event due to loss of coverage under Medicaid or a state children's health insurance program, however, this enrollment opportunity is not available unless the Eligible Person requests enrollment within sixty (60) days after such coverage ends. Late Enrollment: An Eligible Person may apply for coverage, Family coverage or add dependents if he/she did not apply prior to his /her Eligibility Date or did not apply when eligible to do so. Such person's Coverage Date, Family Coverage Date, and /or dependent's Coverage Date will be a date mutually agreed to by the Claim Administrator and the Employer. An Eligible Person may apply for coverage, Family coverage or add dependents if he /she did not apply prior to his/her Eligibility Date or did not apply when eligible to do so, during the Employer's Open Enrollment Period. Such person's hcsc be gen aso bpa 8.31.12 (on -line version) 3 VO I. Coverage Date, Family Coverage Date, and /or dependent's Coverage Date will be a date mutually agreed to by the Claim Administrator and the Employer. Such date shall be subsequent to the Open Enrollment Period. Late applicant enrollment options: ❑ Annual open enrollment — late applicant may apply during open enrollment and for applicants nineteen (19) years of age or older, be subject to a 12 -month pre - existing waiting period (credit will always be applied). ❑ No Annual Open Enrollment — late applicants are never eligible for coverage (dental only). ❑ Annual open enrollment — no pre - existing waiting period. ❑ Late applicants may apply at any time — coverage is effective first of the month following receipt of the application. For applicants nineteen (19) years of age or older, an 18 -month pre - existing waiting period applies. Specify Open Enrollment Period: 11. Pre - existing waiting period: ❑ Pre - existing waiting period waived for all participants up to age nineteen (19). All other participants age nineteen (19) and over must serve pre - existing waiting period. Benefits for treatment incurred during the months prior to the effective date of membership will not be covered for months after the effective date. ❑ Pre - existing is waived on the account's initial enrollment. All other participants age nineteen (19) and over must serve pre - existing waiting period. Benefits for treatment incurred during the months prior to the effective date of membership will not be covered for months after the effective date. ❑ Pre - existing waiting period waived for all participants. 12. Extension of benefits due to Temporary Layoff, Disability or Leave of Absence: Temporary Layoff: days Disability: days Leave of Absence: days However, benefits shall be extended for the duration of an Eligible Person's leave in accordance with any applicable federal or state law. 13. COBRA Auto Cancel? ❑ Yes ❑ No Member's COBRA/Continuation of Coverage will be automatically cancelled at the end of the member's eligibility period. Total number of Employees /Subscribers: 1. on payroll 2. on COBRA continuation coverage 3. with retiree coverage (if applicable) 4. who work part -time 5. serving the new hire waiting period 6. declining because of other group coverage (e.g., other commercial group coverage, Medicare, Medicaid, TRICARE/Champus) 7. declining coverage (not covered elsewhere) hcsc be gen aso bpa 8.31.12 (on -line version) 4 FO 7 -- � � a ❑ Managed Health Care Coverage: ❑ PPO ❑ EPO ❑ Dual Option ❑ POS High Plan Name: ❑ HMO Low Plan Name: ❑ with Drug coverage ❑ without Drug coverage ❑ Consumer Driven Health Plan ❑ HCA, if selected, complete separate HCA Benefit Program Application (BlueEdge) ❑ HSA, if selected, provide HSA Administrator or trustee name: ❑ FSA (vendor: ConnectYourCare) (available 11112013) ❑ Traditional coverage: ❑ Out -of -Area (Indemnity) ❑ Benefit Offering ❑ Prescription Drug Coverage: ❑ Prescription Drug Program ❑ Stand -Alone Prescription Drug Program ❑ Comprehensive Dental Coverage ❑ Plan Choose an item ❑ Dual Option: Plan 1 Choose an item Plan 2 Choose an item ❑ Comprehensive Vision Coverage ❑ In- Hospital Indemnity (IHI) ❑ Wellness Incentives ❑ Stop Loss Coverage - If selected, complete separate Stop Loss exhibit ❑ Dearborn National Life Insurance - If selected, complete separate Life application ❑ HCSC COBRA Administrative Services - If selected, complete separate COBRA Administrative Services Addendum COMMENTS: hcsc tx gen aso bpa 8.31.12 (on -line version) 5 I Vol. g F �Q� FINANCIAL DOCUMENT ADMINISTRATION FEE SCHEDULE 1. Type: ❑ Medical ® Medical / Dental ❑ Other: 2. Administrative Charge Chart: Product / Service 2013 Base Administrative Charge (Medical) $42.68 $ $ $ Choose an Item $ $ $ $ Choose an Item $ $ $ $ Choose an Item $ $ $ $ `Prescription Drug Rebate Credit per Covered Employee per month is the guaranteed Prescription Drug Rebate savings reflected as a Prescription Drug Rebate credit. Expected rebate amounts to be received by the Claim Administrator are passed back to the Employer with one hundred percent (100 %) of the expected amount applied as a credit on the monthly billing statement on a per Covered Employee per month basis, Rebate credits are paid $ $ $ $ prospectively to the Employer and shall not continue after termination of the Prescription Drug Program. (Further information concerning this credit is included in the governing Administrative Services Agreement to which this ASO BPA is attached under the section titled "CLAIM ADMINISTRATOR'S SEPARATE FINANCIAL ARRANGEMENTS WITH PHARMACY BENEFIT MANAGERS. ") Blue Care Connection ( "BCC ") Program: $Included $ $ $ Enhanced BCC Program Buy Up(s): $ $ $ $ Description:. Choose an Item Description: Choose an Item $ $ $ $ Other: $ $ $ $ Other: $ $ $ $ Other: $ $ $ $ Other: $ $ $ $ Other: $ $ $ $ Total $42.68 $ $ $ Additional Comments: hcsc be gen aso bpa 8.31.12 (on -One version) 6 Vol. _l7 pg 0 2.4 To begin on Effective Date of Coverage and continue for: ® 12 Months ❑ Other: Months Dental: 2013 $3.72 $ $ $ 3. Termination Administrative Charge: The Termination Administrative Charge applicable to the Run -Off Period shall be equal to the sum of the amounts obtained by multiplying the total number of Covered Employees by category (per Covered Employee per individual or family composite) during the three (3) months immediately preceding the date of termination by the appropriate factors shown below. Service Medical Run -off Administration Charge 1 $18.80 1 $ 1 $ 1 $ Dental Run-off Administration Charge 1 $2.89 1 $ 1 $ I $ Additional Comments: Fees are net of commission 4. BlueCard ProgramiNetwork access fee: $ (Available upon request) 5. Not applicable to Grandfathered Plans External Review Coordination: Employer acknowledges and agrees: (i) to a fee of $700 for each external review requested by a Covered Person that the Claim Administrator coordinates for the Employer in relation to the Employer's Plan; (ii) that the Claim Administrator's coordination shall include reviewing external review requests to ensure that they meet eligibility requirements, referring requests to accredited external independent review organizations, and reversing the Plan's determinations if so indicated by external independent review organizations; and (iii) that the external reviews shall be performed by an independent third party entity or organization and not the Claim Administrator. Amounts received by Claim Administrator and external independent review organizations may be revised from time to time and may be paid each time an external review is undertaken. Further, Employer elects for external reviews to be performed under the Federal Affordable Care Act external review process. 6. Reimbursement Provision: ® Yes ❑ No If yes: It is understood and agreed that in the event the Claim Administrator makes a recovery on a third -party liability claim, the Claim Administrator will retain 25% of any recovered amounts other than amounts recovered as a result of or associated with any Workers' Compensation Law. 7. Claim Administrator's Third Panty Recovery Vendor: It is understood and agreed that in the event the Claim Administrator's Third Party Recovery Vendor makes a recovery on a claim, the Employer will pay no more than 25% of any recovered amount. hesc tx gen aso bpa 8.31.12 (on -line version) 7 l � ,� g - d ❑ Customized booklet covers` ❑ ERISA plan information 2. Subscriber ID cards ❑ Standard subscriber ID cards (no additional charge) ❑ Customized ID card services 3. Network provider directories 4. Subscriber claim forms, enrollment forms, enrollment materials 5. Special mailings Provider directories to be mailed to home addresses: ❑ Yes ❑ No 6. Other: Additional charge: $ ` Custom booklet covers are not available on electronic documents. ' "As indicated in fee table on previous page. ❑ No additional charge ❑ Supplemental Billing" ❑ No additional charge ❑ Supplemental Billing ;" ❑ No additional charge ❑ Supplemental Billing'" ❑ No additional charge ❑ Supplemental Billing" ❑ No additional charge ❑ Supplemental Billing" ❑ No additional charge ❑ Supplemental Billing El Cost included in admin charge ❑ Supplemental Billing " 0 � o ® err • -e e Employer Payment Method: ❑ Online Bill Pay ❑ Electronic ❑ Check Employer Payment Period: Weekly (cannot be selected if Check is selected as payment method above) ❑ Twice - Monthly ❑ Monthly ❑ Other (please specify) Claim Settlement Period: Monthly Run-Off Period: Transfer Payments are to be made for twelve (12) months following the end of the Fee Schedule Period. Final Settlement: Final Settlement to be made within (60) days after end of Run -Off Period. BROKER/CONSULTANT COMPENSATION The Employer acknowledges that if any broker /consultant acts on its behalf for purposes of purchasing services in connection with the Employer's Plan under the Administrative Services Agreement to which this ASO BPA is attached, the Claim Administrator may pay the Employer's broker /consultant a commission and /or other compensation in connection with such services under the Agreement. If the Employer desires additional information regarding commissions and /or other compensation paid the broker /consultant by the Claim Administrator in connection with services under the Agreement, the Employer should contact its broker /consultant. hes tx gen aso bpa 8.31.12 (on - line version) 8 f � ✓ pg. a Vol 1. Benefit booklets — Is BCBSTX providing benefit booklets? ❑ Yes ❑ No ❑ Standard benefit booklet (no additional charge) ❑ Customized benefit booklets 1. Certificate of Creditable Coverage: ❑ Yes ❑ No If yes. The Employer directs the Claim Administrator to issue to individuals, whose coverage under the Plan terminates during the term of the Administrative Services Agreement to which this ASO BPA is attached, a Certificate of Creditable Coverage. The Certificate of Creditable Coverage shall be based upon information required for issuance of a Certificate of Creditable Coverage to be provided to the Claim Administrator by the Employer and coverage under the Plan during the term of the Administrative Services Agreement. 2. Summary of Benefits & Coverage: a. Claim Administrator will create Summary of Benefits & Coverage (SBC)? ® Yes. If yes, please answer question b. The SBC Addendum is attached. ❑ No. If No, then the Employer acknowledges and agrees that the Employer is responsible for the creation and distribution of the SBC as required by Section 2715 of the Public Health Service Act (42 USC 300gg -15) and SBC regulations (45 CFR 147.200), as supplemented and amended from time to time, and that in no event will the Claim Administrator have any responsibility or obligation with respect to the SBC. The Claim Administrator is not obligated to respond to or forward misrouted calls, but may, at its option, provide participants and beneficiaries with Employer's contact information. A new clause (e) is added to Subsection C. in the Additional Provisions as follows: "(e) the SBC ". (Skip question b.) b. Claim Administrator will distribute Summary of Benefits & Coverage (SBC) to participants and beneficiaries? ® No. Claim Administrator will create SBC (only for benefits Claim Administrator administers under the Agreement) and provide SBC to Employer in electronic format. Employer will then distribute SBC to participants and beneficiaries (or hire a third party to distribute) as required by law. ❑ Yes. Claim Administrator will create SBC (only for benefits Claim Administrator administers under the Agreement) and provide SBC to Employer in electronic format. Employer will then distribute to participants and beneficiaries as required by law, except that Claim Administrator will send the SBC in response to the occasional request received directly from individuals. ❑ Yes. Claim Administrator will create SBC (only for benefits Claim Administrator administers under the Agreement) and distribute SBC to participants and beneficiaries via regular hardcopy mail or electronically. Distribution Fee for hardcopy mail is $1.30 per package. The distribution fee will not apply to SBCs that Claim Administrator sends in response to the occasional request received directly from individuals 3. The Massachusetts Health Care Reform Act requires employers to provide, or contract with another entity to provide, a written statement to individuals residing in Massachusetts who had "creditable coverage" at any time during the prior calendar year through the employer's group health plan and to file a separate electronic report to the Massachusetts Department of Revenue verifying information in the individual written statements. a. The Employer directs Claim Administrator to provide written statements of creditable coverage to its Covered Employees who reside, or have enrolled dependents who reside, in Massachusetts and file electronic reports to the Massachusetts Department of Revenue in a manner consistent with the requirements under the Massachusetts Health Care Reform Act. Such written statements and electronic reporting shall be based on information provided to the Claim Administrator by the Employer and coverage under the Plan during the term of the Administrative Services Agreement. The Employer hereby certifies that, to the best of its knowledge, such coverage under the Plan is "creditable coverage" in accordance with the Massachusetts Health Care Reform Act. The Employer acknowledges that the Claim Administrator is not responsible for verifying nor ensuring compliance with any tax and/or legal requirements related to this service. The Employer or its Covered Employees should seek advice from their legal or tax advisors as necessary. ❑ Yes ❑ No b. If no: The Employer acknowledges it will provide written statements and electronic reporting to the Massachusetts Department of Revenue as required by the Massachusetts Health Care Reform Act. 4. Employer contribution. The percentage of premium to be paid by the employer is: Y �4C .. w. ;,,.....:.,,• r'7 a.'S :6• f'' -' 5; +' M. '*r."._7Y,•"C•.`�,, �.�±: z • L 'rti -4 . _ ._ .�: { = /o or,$��:'�y:::"�`Y� Emp: % $ + Dep: % $ Emp: % $ Dep: % $ 5. This ASO Benefit Program Application (ASO BPA) is incorporated into and made a part of the Administrative Services Agreement with both such documents to be referred to collectively as the "Agreement" unless specified otherwise. hcsc rx gen aso bpa 8.31.12 (on-line version) 9 V ,,� Q ADDITIONAL PROVISIONS: A. Grandfathered Health Plans: Employer shall provide Claim Administrator with written notice prior to renewal (and during the plan year, at least 60 days advance written notice) of any changes that would cause any benefit package of its group health plan(s) (each hereafter a "plan ") to not qualify as a "grandfathered health plan" under the Affordable Care Act and applicable regulations. Any such changes (or failure to provide timely notice thereof) can result in retroactive and /or prospective changes by Claim Administrator to the terms and conditions of administrative services. In no event shall Claim Administrator be responsible for any legal, tax or other ramifications related to any plan's grandfathered health plan status or any representation regarding any plan's past, present and future grandfathered status. The grandfathered health plan form ( "Form "), if any, shall be incorporated by reference and part of the BPA and Agreement, and Employer represents and warrants that such Form is true, complete and accurate. B. Retiree Only Plans, Excepted Benefits and /or Self-Insured Nonfederal Governmental Plans: If the BPA includes any retiree only plans, excepted benefits and /or self- insured nonfederal governmental plans (with an exemption election), then Employer represents and warrants that one or more such plans is not subject to some or all of the provisions of Part A (Individual and Group Market Reforms) of Title XXVII of the Public Health Service Act (and /or related provisions in the Internal Revenue Code and Employee Retirement Income Security Act) (an "exempt plan status "). Any determination that a plan does not have exempt plan status can result in retroactive and/or prospective changes by Claim Administrator to the terms and conditions of administrative services. In no event shall Claim Administrator be responsible for any legal, tax or other ramifications related to any plan's exempt plan status or any representation regarding any plan's exempt plan status. C. Employer shall indemnify and hold harmless Claim Administrator and its directors, officers and employees against any and all loss, liability, damages, fines, penalties, taxes, expenses (including attorneys' fees and costs) or other costs or obligations resulting from or arising out of any claims, lawsuits, demands, governmental inquires or actions, settlements or judgments brought or asserted against Claim Administrator in connection with (a) any plan's grandfathered health plan status, (b) any plan's exempt plan status, (c) any plan's design (including but not limited to any directions, actions and interpretations of the Employer), (d) any provision of inaccurate information, and /or (e) the SBC. Changes in state or federal law or regulations or interpretations thereof may change the terms and conditions of administrative services. The provisions of paragraphs A -C (directly above) shall be in addition to (and do not take the place of) the other terms and conditions of administrative services between the parties. hcsc be gen aso bpa 8.31.72 (on -line version) 11 V I UNDERSTAND AND AGREE THAT: 1. The proposed fees are effective for 12 months, subject to contract provisions, and are based on the information and conditions stated. Final fees are subject to review based on actual enrollment results. If there is a 10% or greater variance in the enrollment and /or less than the minimum enrollment requirement of , BCBSTX reserves the right to review the final fees. The information provided in this application is complete and accurate to the best of my knowledge. If this information is incomplete or inaccurate, BCBSTX may rerate the plan, withdraw the proposal or cancel the contract. 2. Has there been a significant change in the claims experience previously provided? ❑Yes ® No If significant changes have been made, complete and attach Account Experience (Addendum to BPA). 3. Have there been any significant changes in the previously provided location(s) of eligible employees? ❑ Yes ®No If significant changes have been made, attach new census. 4. Receipt by BCBSTX of the advance administrative fee (where applicable), in the amount of $n /a, and completed enrollment forms does not constitute approval and acceptance by the BCBSTX Home Office. 5. If applicable, effective , the above -named producer(s)or agency(ies) is /are recognized as Employer's Producer of Record (POR), to act as representative in negotiations with and to receive commissions from Blue Cross and Blue Shield of Texas, a division of Health Care Service Corporation (HCSC), a Mutual Legal Reserve Company, and HCSC subsidiaries for our employee benefit programs. This statement rescinds any and all previous Producer of Record appointments for this company. The above named agent(s) or agency(ies) is authorized to perform membership transactions on behalf of the Employer. This appointment will remain in effect until withdrawn or superseded in writing by our company. 6. Producer Statement (if applicable): I certify that 1 have reviewed all enrollment materials. I have also advised the Employer that I have no authority to bind these coverages, to alter the terms of the Contract(s)/Poiicy(ies), this Benefit Program Application or enrollment material in any manner or to adjust any claims for benefits under the C o ntract(s) /Policy(ie s). 7. BCBSTX will report the value of all remuneration by BCBSTX to ERISA plans with 100 or more participants for use in preparation of ERISA Form 5500 schedules. Reporting will also be provided upon request to non - ERISA plans or plans with fewer than 100 participants. Reporting will include base commissions, bonuses, incentives, or other forms of remuneration for which your Producer /consultant is eligible for the sale or renewal of self- funded and /or insured products. Kim Marsh Authorized BCBSTX Representative Account Executive 11/15/12 Signature of Authorized urchaser Title Date BCBSTX Telephone and Fax numbers Producer Representative (if applicable) Date Prod ucerTelephone and Fax numbers T tle Date a hcsc tx gen aso bpa 8.31.12 (on-line version) 12 VQI _ZZ� F' g J 9 • - --- PROXY The undersigned hereby appoints the Board of Directors of Health Care Service Corporation, a Mutual Legal Reserve Company, or any successor thereof ( "HCSC "), with full power of substitution, and such persons as the Board of Directors may designate by resolution, as the undersigned's proxy to act on behalf of the undersigned at all meetings of members of HCSC (and at all meetings of members of any successor of HCSC) and any adjournments thereof, with full power to vote on behalf of the undersigned on all matters that may come before any such meeting and any adjournment thereof. The annual meeting of members shall be held each year in the corporate headquarters on the last Tuesday of October at 12:30 p.m. Special meetings of members may be called pursuant to notice mailed to the member not less than 30 nor more than 60 days prior to such meetings. This proxy shall remain in effect until revoked in writing by the undersigned at least 20 days prior to any meeting of members or by attending and voting in person at any annual or special meeting of members. Group No.: By:-- tl(.L(� Print Signet's( ame Here Signature and TUe Group Name: Address: City: Dated this State: Zip Code: day of Month Year hcsc tx gen aso bpa 8.31.12 (on -line version) 13 Vol. ,3 Pg. _ 211 PENSION PROTECTION ACT OF 2006 HEROES EARNINGS ASSISTANCE AND RELIEF TAX ACT OF 2408 (-HEART) AND WOWER, RETIREE AND EMPLOYER RECOVERY ACT OF 2008 ("WRERA ") AMENDMENT Non -ERISA 403(b) Plan ARTICLE I PREAMBLE 1,1 Effective date of Amendment. The Employer adopts this Amendment to the Plan to retied recent law changes. This Amendment is effective as Indicated below for the respective provisions. 1.2 Employer's Election. The Employer adopts all the default provisions of this Amendment except as otherwise elected in Article II. If the Employer restates their Plan, this Amendment will remain in effect until a document incorporating the provisions of these Acts is adopted or the provisions become obsolete. 1.3 Supersession of inconsistent provisions. This Amendment shalt supersede the provisions of the Plan to the extent those provisions are inconsistent with those in this Amendment. 1.4 Construction. Except as otherwise provided in this Amendment, any reference to "Section" refers only to sections within this document and is not a reference to the Plan. The Article and Section numbering in this Amendment is solely for the purpose of this document and does not relate to any Plan article, section or other numbering designation. ARTICLE II EMPLOYER ELECTIONS The Employer only needs to elect an option offered in Sections 22 through 2.6 if they wish to override the default provisions set forth below. 2.1 Default provisions. Unless the Employer elects otherwise in this Article, the following defaults will apply: a. Non - spousal beneficiary rollovers are allowed for distributions made after 1213112006. b. hardship diaMbutions for expenses of a beneficiary are not allowed. c. The option to permit in- service distributions at age 62 ( with respect to amounts attributable to a money purchase pension plan, target benefit plan or any other defined contribution plan that has received a transfer of assets from a pension plan) is not adopted. d. Required Minimum Distributions (RMDs) for 2009 were suspended unless a Participant or Beneficiary elected to receive such distribution. e. The Plan permits distributions pursuant to the HEART Act on account of "deemed" severance of employment. f. Continued benefit accruals pursuant to the HEART Act provisions are not permitted. g. Differential wage payments are treated as Compensation for all Plan benefit purposes. Vol. ._�7.3 _ Fg. 4-1 J 22 Non - spousal rollover (Article V). Non - spousal rollovers are allowed after December 31, 2006 unless a. is elected below (Article V provides that such distributions are always allowed after December 31, 2009): a. [ ] Use the fallowing instead of the default (select one): 1. [ j Non - spousal rollovers are not allowed. 2. [ j Non - spousal rollovers are allowed effective_ (nom earlier than January 1, 2007 and not later than January 1, 2010). . 2.3 Hardships (Article VI). Hardship distributions for'expensss of beneficiaries will not be allowed unless elected below: a. [ } Hardship distributions are allowed for beneficiary expenses (See IRS Notice 2007 -7) (applies only for 401(k) or profit sharing plans that allow hardship distributions) effective as of August 17, 2006 unless another date is elected below: I- [ ] (may not be earlier than August 17, 2006). 2.4 In-service distributions (Article VII). in- service distributions at age 62 will not be allowed (except as otherwise permitted under the Plan without regard to this Amendment) unless elected bellow- a. [ ] In- service distributions will be allowed for Participants at age 62 (generally applies only for money purchase (including target benefit) plans, but may apply to any other defined contribution plans that have received a transfer of assets from a pension plan) effective as of the first day of the 2007 Plan Year unless another date is elected below: 1, ( ] (may not be earlier than the first day of the 2007 Plan Year). AND, the following limitations apply to in- service distributions: 2. [ j The Plan already provides for in- service distributions and the restrictions set forth in the Plan (e.g., minimum amount of distributions or frequency of distributions) are applicable to in- service distributions at age 62. 3. ( ] NIA. No limitations. 4. ( ] The following elections apply to in- service distributions at age 62 (select all that apply)" a. [ ] The minimum amount of a distribution Is $ (may not exceed $1,000). b. [ J No more than distribution(s) may be made to a Participant during a Plan Year. c. [ J Distributions may only be made from accounts which are fully Vested. d. [ j In- service distributions may be made subject to the following provisions: (must be definitely determinable and not subject to discretion). 2.6 Continued benefit accruals. Amendment Section 11.2 will not apply unless elected below: vo►. __/17J_�.� a. [ ] The provisions of Amendment Section 11.2 apply effective as of. (select one) 1. [ ] the first day of the 2007 Plan Year 2. [ ] (may not be earlier than the first day of the 2007 Plan Year). However, the provisions no longer apply effective as of: (select 9 applicable) 3. [ ] Differential pay. Differential wage payments (as described in Amendment Section 11.3) will be treated, for Plan Years beginning after December 31, 2008, as compensation for all Plan benefit purposes unless b. Is elected below: b. ( ] In lieu of the above default provision, the employer elects the following (select all that apply; these selections do not affect the operation of Amendment Section 11.3(ii)): 1. ( ] the inclusion is effective for Plan Years beginning after (may not be earlier than December 31, 2008). 2. [ ] the inclusion only applies to Compensation for purposes of Elective Deferrals. Distributions for deemed severance of employment. The Plan permits distributions pursuant to Amendment Section 11.4 unless otherwise elected below: c. (] The Plan does not permit such distributions. d. [ ] The Plan permits such distributions effective as of may not be earlier than January 1. 2007). 2.6 WRERA (RMD waivers for 2009). The provisions of Amendment Section 12.1 apply (RMDs are suspended unless a Participant or Beneficiary elects otherwise) unless otherwise elected below: a. (] The provisions of Amendment Section 12.2 apply (RMDs continued unless otherwise elected by a Participant or Beneficiary). b. [ ] RMDs continued In accordance with the terms of the Plan without regard to this Amendment (i.e., no election available to Participants or Beneficiaries). c. [ ] Other For purposes of Amendment Section 12.3, the Plan will also treat the following as eligible rollover distributions In 2009: (If no election is made, then a direct rollover will be offered only for distributions that would be eligible rollover distributions without regard to Code §401 (2)(9)(H)): d. [ ] 2009 RMDs and Extended 2009 RMDs (both as defined in Article IV of this Amendment). e. (] 2009 RMDs (as defined in Article IV of this Amendment) but only if paid with an additional amount that Is an eligible rollover distribution without regard to Code §401(a)(9)(H). ARTICLE Ill PARTICIPANT DISTRIBUTION NOTIFICATION 3.1 180 -day notification period. For any distribution notice issued in Plan Years beginning after December 31, 2006, any reference to the 90-day maximum notice period prior to distribution in applying the notice requirements of Code §§402(f) (the rollover notice), 411(a)(11) (Participants consent to distribution), and 417 (notice under the joint and survivor annuity rules) will become 180 days. 3.2 Notice of right to defer distribution. For any distribution notice issued in Plan Years beginning after December 31, 2006, the description of a Participant's right, if any, to defer receipt of a distribution also will describe the consequences of failing to defer receipt of the distnbution. For notices issued before the 80th day after the issuance of Treasury regulations (unless future Revenue Service guidance otherwise requires), the notice will include: () a description indicating the Investment options available under the Plan (including fees) that will be available if the Participant defers distribution; and (ti) the portion of the summary plan description that contains any special rules that might affect materially a Participant's decision to defer. Vol. �7✓ fig. o2 /S ARTICLE IV ROLLOVER OF AFCER- T/WROTH AL40UNTS 4,1 Direct rollover to qualified plan/403(b) plan. For taxable years beginning after December 31, 2006, a Participant may elect to transfer employee (after -tax) or Roth elective deferral contributions by means of a direct rollover to a qualified plan or to a 403(b) plan that agrees to account separately for amounts so transferred, including accounting separately for the portion of such distribution which is Includible in gross income and the portion of such distribution which is not includible in gross income. ARTICLE V DIRECT ROLLOVER OF NON - SPOUSAL DISTRIBUTION 5A Non -spouse beneficiary rollover right. For distributions after December 31, 2009, and unless otherwise elected in Section 2.2 of this Amendment, for distributions after December 31, 2006, a non - spouse beneficiary who Is a 'designated beneficiary' under Code §401(a)(9)(Eo all r regulations thereunder, by a direct trustee- to-trustee transfer (°direct rollover"), may roll any portion of his or her distribution to an individual retirement account the beneficiary establishes for purposes of receiving the distribution. In order to be able to roll over the distribution, the distribution otherwise must satisfy the definition of an eligible rollover distribution. S2 Certain requirements not applicable. Although a non - spouse beneficiary may roll over directly a distribution as provided in Section S. 1, any distribution made prior to January 1, 2010 is not subject to the dined rollover requirements of Code §401(a)(31) (including Code §401(a)(31)(B), the notice requirements of Code §402(1) or the mandatory withholding requirements of Code §3405(c)). If a non beneficiary receives a distribution from the Plan, the distribution is not eligible for a'60- day" rollover. 5.3 Tnist beneficiary. If the Participant's named beneficiary is a trust, the Man may make a direct rollover to an individual retirement account on behalf of the trust, provided the trust satisfIes the requirements to be a designated beneficiary within the meaning of Code §401(a)(9)(9). S.4 Required minimum distributions not eligible for rollover. A non - spouse beneficiary may not roll over an amount which is a required minimum distribution, as determined under applicable Treasury regulations and other Revenue Service guidance. It the Participant dies before his or her required beginning date and the non - spouse beneficiary rolls over to an IRA the maximum amount eligible for rollover, the beneficiary may elect to use either the 5-year rule or the life expectancy rule, pursuant to Treas. Reg. §1.401(a)(9 )-3, A -4(c), in determining the required minimum distributions from the IRA that receives the non - spouse beneficiary's distribution. ARTICLE VI DISTRIBUTION BASED ON BENEFICIARY HARDSHIP of the e.1 Beneficiary - based distribution. if elected in Amendment Section 2.3.a, then a Iii PS n a safe date specified in such Section, a Participant's hardship event, for purposes harbor hardship distribution provisions pursuant to Treas. Reg. §1.401(k)- 1(d)(3)(ii)(B), includes an immediate and heavy financial need of the Participant's primary beneficiary under the Plan, that would constitute a hardship event if It occurred with respect to the Participant's spouse or dependent as defined under Code §152 (such hardship events being limited to educational expenses, funeral expenses and certain medical expenses). For purposes of this Article, a Partidpenre 'primary beneficiary under the Plan" is an individual who is named as a beneficiary under the Plan and has an unconditional right to all or a portion of the Participant's account balance under the Plan upon the Participant's death. :�. - - - -� Fg. /G ARTICLE VII IN- SERVICE PENSION DISTRIBUTIONS 7.1 Age 62 dtsrtributlons. if elected in Amendment Section 2.4.a, then beginning as of the date specified in such Section, if the Plan is a money purchase pension plan, a target benefit plan, or any other defined contribution plan that has received a transfer of assets from a pension plan, a Participant who has attained age 62 and who has not separated from employment may elect to receive a distribution of his or her vested account balance (or in case of a transferee plan, of the transferred account balance). ARTICLE VIII QUALIFIED OPTIONAL SURVIVOR ANNUITY 8.1 Right to Elect Qualified Optional Survivor Annuity. Effective with rasped to Plan Years beginning after December 31, 2007, a participant who elects to waive the qualified Joint and survivor annuity form of benefit, If offered under the Plan, Is entitled to elect the "qualified optional survivor annuity" at any time during the applicable election period. Furthermore, the written explanation of the Joint and survivor annuity shall explain the terms and conditions of the "qualified optional survivor annuity! 8.2 Definitlon of Qualified Optional Survivor Annuity. a. General. For purposes of this Article, the term 'qualified optional survivor annuity" means an annuity: (1) For the life of the participant with a survivor annuity for the life of the spouse which is equal to the *applicable percentage" of the amount of the annuity which is payable during the joint lives of the Participant and the spouse, and (2) Which is the actuarial equivalent of a single annuity for the rife of the participant. Such term also includes any annuity In a form having the effect of an annuity described in the preceding sentence. b. Applicable percentage. For purposes of this Section, the "applicable percentage` is based on the survivor annuity percentage (i.e., the percentage which the survivor annuity under the Plan's qualified joint and survivor annuity bears to the annuity payable during the joint fives of the participant and the spouse). if the survivor annuity percentage is less than 75 percent, then the "applicable percentage" is 75 percent; otherwise, the "applicable percentage" is 50 percent. ARTICLE IX DIRECT ROLLOVER TO ROTH IRA 9.1 Roth IRA rollover. For distributions made after December 31, 2007, a participant may elect to roil over directly an eligible rollover distribution to a Roth IRA described in Code §408A (b). ARTICLE X QUALIFIED DOMESTIC RELATIONS ORDERS 10.1 Permissible QDRas. Effective April B. 2007, a domestic relations order that otherwise satisfies the requirements for a qualified domestic relations order ( "QDR07 will not fail to be a QDRO: (7 solely because the order Is Issued after, or revises, another domestic relations order or QDRO; or (Ii) solely because of the time at which the order is issued, including issuance after the annuity starting date or after the Participants death. 10.2 Other QDRO requirements apply. A domestic relations order described in Section 10.1 is subject to the same requirements and protections that apply to QDRO's. ARTICLE XI HEART ACT PROVISIONS 11.1 Death benefits. In the case of a death occurring on or after January 1, 2007, if a Participant dies while performing qualified military service (as defined in Code §414(u)), the Participant's Beneficiary Is entitled to any additional benefits (other than benefit accruals relating to the period. of qualified military service) provided under the Plan as if the Participant had resumed employment and then temrinated employment on account of death_ Moreover, the Plan will credit the Participants qualified military service as service for vesting purposes, as though the Participant had resumed employment under USERRA immediately prior to the Participant's death. 11.2 Benefit accrual. If the Employer elects in Amendment Section 2.5 to apply this Section 11.2, then effective as of the date specified in Amendment Section 2.5, for benefit accrual purposes, the Plan treats an individual who dies or becomes disabled (as defined under the terms of the Plan) while performing qualified military service with respect to the Employer as if the individual had resumed employment In accordance with the individual's reemployment rights under USERRA, on the day preceding death or disability (as the case may be) and terminated employment on the actual date of death or disability. a. Determination of benefits. The Plan will determine the amount of employee contributions and the amount of elective deferrals of an Individual treated as reemployed under this Sectiori 11.2 for purposes of applying paragraph Code §414(u)(8)(C) on the basis of the individual's average actual employee contributions or elective deferrals for the lesser of. (i) the 12 -month period of service with the Employer immediately prior to qualified military service; or (ii) the actual length of continuous service with the Employer. 11.3 Differential wage payments. For years beginning after December 31, 2008 (1) an individual receiving a differential wage payment, as defined by Code §3401(h)(2), is treated as an employee of the employer making the payment; (u) the differential wage payment is treated as compensation for purposes of Code §415(c)(3) and Treasury Reg. §1.415(c) -2 (e.g., for purposes of Code §415, determination of highly compensated employees under Code §414(q), and applying the 5% gateway requirement under the Code § 401(a)(4) regulations); and (iil) the Plan is not treated as failing to meet the requirements of any provision described in Code §414(u)(1)(C) (or corresponding plan provisions, including, but not limited to, Plan provisions related to the ACP test) by reason of any contribution or benefit which is based on the differential wage payment. The Plan Administrator operationally may determine, for purposes of the provisions described in Code §414(u)(1)(C), whether to take into account any deferrals, and if applicable, any matching contributions, attributable to differential wages. Differential wage payments (as described herein) will also be considered compensation for all Plan purposes unless otherwise elected at Amendment Section 2.5. Section 11.3(lii) above applies only if all employees of the Employer performing service in the uniformed services described in Code §3401(h)(2)(A) are entitled to receive differential wage payments (as defined in Code §3401(h)(2)) on reasonably equivalent terms and, If eligible to participate in a retirement plan maintained by the Employer, to make contributions based on the payments on reasonably equivalent terms (taking into account Code §§410(b)(3), (4), and (5)). 11A Deemed Severance. Notwithstanding Section 11.3(i), if a Participant performs service in the uniformed services (as defined in Code §414(U)(1 2)(B)) on active duty for a period of more than 30 days, the Participant will be deemed to have a severance from employment. However, the Plan win not distribute such a Participant's account on account of this deemed severance unless the Participant specifically elects to receive a benefit distribution hereunder. If a Participant elects to receive a distribution on account of this deemed severance, then the individual may not make an elective deferral or employee contribution during the 6 -month period beginning on the date of the distribution. If a Participant would be entitled to a distribution on account of a deemed severance, and a distribution on account of another Plan provision (such as a qualified reservist distribution), then the other Plan provision will control and the 6 -month suspension will not apply. ARTICLE Xil WAIVER OF 2009 REQUIRED DISTRIBUTIONS 12.1 Suspension of RIVIDs unless otherwise elected by Participant. This paragraph does not apply if the Employer elected Amendment Section 2.6a, b, or c. Notwtthstanding the provisions of the Plan relating to required minimum distributions under Code §401(a)(9), a Participant or Beneficiary who would have been required to receive required minimum distributions for 2009 but for the enactment Of Code §401(a)(9)(H) 02009 RMDs "), and who would have satisfied that requirement by recelving distributions that are (1) equal to the 2009 RMDs or (2) one or more payments in a series of substantially equal distributions (that include the 2008 RMDs) made at least annually and expected to last for the life (or life expectancy) of the Participant, the joint lives (or Joint life expectancy) of the Participant and the Participant's designated Beneficiary, or for a period of at least 10 years ("Extended 2009 RMDs "), will not receive those distributions for 2009 unless the Participant or Beneficiary chooses to receive such distributions. Participants and Beneficiaries described in the preceding sentence will be given the opportunity to elect to receive the distributions described in the preceding sentence. 12.2 Continuation of RMDs unless otherwise elected by Participant. This paragraph applies if Amendment Section 2.6a is selected. Notwithstanding the provisions of the Plan relating to required minimum distributions under Code §401(a)(9), a Participant or Beneficiary who would have been required to receive required minimum distributions for 2009 but for the enactment of Code §401(a)(9)(H) ( "2009 RMDs "), and who would have satisfied that requirement by receiving distributions that are (1) equal to the 2009 RMDs or (2) one or more payments in a series of substantially equal distriibutions (that Include the 2009 RMDs) made at least annually and expected to last for the life (or fife expectancy) of the Participant, the joint lives (or joint life expectancy) of the Participant and the Participants designated Beneficiary, or for a period of at least 10 years ("Extended 2009 RMCW), will receive those distributions for 2009 unless the Participant or Beneficiary chooses not to receive such distributions. Participants and Beneficiaries described In the preceding sentence will be given the opportunity to elect to stop receiving the distributions described in the preceding sentence. 12.3 Direct Rollovers. Notwithstanding the provisions of the Plan relating to required minimum distributions under Code §401(x)(9), and solely for purposes of applying the direct rollover provisions of the Plan, certain additional distributions in 2008, as elected by the Employer in Amendment Section 2.6, will be treated as eligible rollover distributions. If no election is made by the Employer in Amendment Section 2.6, then a direct rollover will be offered only for distributions that would be eligible rollover distributions without regard to Code §401(a)(9)(H). This Amendment has been executed this fIN day of (=z22bGr � • Name of Plan: Name of Employer. rain kA By: EMPLOYER ! 1 J SAMPLE CERTIFICATE OF ADOPTING RESOLUTION The undersigned authorized representative of (the Employer) hereby certifies that the following resolutions were duly adopted by Employer on and that such resolutions have not been modified or rescinded as of the date hereof: RESOLVED, the PPA, HEARTNVRERA Amendment to the Plan (the Amendment) is hereby approved and adopted and that an authorized representative of the Employer is hereby authorized and directed to execute and dealer to the Administrator of the Plan one or more counterparts of the amendment The undersigned further certifies that attached hereto is a copy of the Amendment approved and adopted in the foregoing resolution. Date: Signed: [print namettitie] 01 -24 -2013 8:28 913 - 967 -8849 ❑ 1/1 Please Deliver to: BRAZOS COUNTY LYN N ALLEN RECORDS MANAGER 9793614176 I D VIP# 60 003 049 354 18 t6J52 COMING TO YOUR AREA: Visit www.pryorcom for a full schedule College Station, TX - Feb. 28 Event #135717 Holiday Inn 2500 Earl Rudder Freeway South Killeen, TX - Mar Event #135718 Hilton Garden Inn 2704 O.w. Curry Dr. Houston, TX - Feb. 21 Event #135721 Crowne Plaza Sugadand Suites 9090 Southwest Freeway AOne -Day Seminar Team-Building, Mentoring and Coach S kill s for - - MANAGERS &SUPERVISORS GAIN WINNING STRATEGIES FOR LEADING YOUR TEAM TO EXCELLENCE Forward- thinking managers have discovered the same skills coaches use to create winners in athletics also work in a business setting. This innovative one -day seminar is designed to teach you powerful coaching methods to turn even problem employees into super - productive winners! • Make everyone want to give 110% for themselves and for their team! Supplement your own managerial abilities with compelling coaching and counseling skills, and watch the incredible results. • Plan and strategize to achieve the results you want! You'll learn, step -by -step, how to produce a manager's game plan to ensure you'll reach your goals and objectives. • Transform your work group into a cohesive, coordinated team! Imagine how much your team could accomplish if it functioned as one well- organized unit. Learn how to pull everyone together with a shared purpose. One day, 9 a.m. to 4 p.m. $199 (includes course book) Group Discount: $189 per person for groups of 5 or more Presented by IIIIIOP®o &WO MCWBq FY. &MW.( WMd*e da k P.O. Box 219468 Kansas City, MO 64121 -9468 1-800 -897 -5003 • Counsel problem players and set them on track for success. Through a combination of powerful coaching tactics and expert counseling skills, you'll solve even long -term problems and set those employees on a positive, successful course! • Spot exceptional employees and help them realize their potential! Your best employees need more than managing ... learn how to keep "superstars" challenged and motivated. Sign up today to learn to maximize your team's — and your own — potential! 100% Satisfaction Guarantee! ► Enroll today at www.pryor.com Enter your ZIP Code: ,..or, Eventtl : E - in the Find a Seminar" blue baron pryor.00m! ► Or to enroll by phone, call 1- 800 -897 -5003 'For quick enrollment, be sure to have your VIP# and Circle ID# ready when registering. ❑ You have received this announcement because your organization is a valued customer of Fred Pryor Seminars or CareerTrack (divisions of PARK University Enterprises, Inc.). If you do not want to receive fax offers, simply call toll-free 1- 877 - 500.1044 and provide the fax number you wish to remove or check the box to the left and fax this page to 1- 800 - 905.8440. We will remove the provided fax number within 48 hours. (According to FCC regulations, our failure to comply within 30 days is unlawful.) V6 72 AGREEMENT FOR THE PAYMENT AND USE OF BRAZOS COUNTY FUNDS BY AND BETWEEN BRAZOS VALLEY FAIR & EXPOSITION AND COUNTY OF BRAZOS, STATE OF TEXAS THE STATE OF TEXAS KNOW ALL PERSONS BY THESE PRESENTS COUNTY OF BRAZOS THIS AGREEMENT FOR THE PAYMENT AND USE OF BRAZOS COUNTY FUNDS ( "Agreement ") is made and entered into by and between BRAZOS VALLEY FAIR & EXPOSITION, a Texas nonprofit corporation ( "Fair") and COUNTY OF BRAZOS, STATE OF TEXAS ( "County "), acting by and through duly authorized agents and offices, and is effective for all purposes on this l Q 1 � 11 , 2012 ( "Effective Date'). WITNESSETH WHEREAS, the County finds a public purpose in the encouragement, promotion, and maintenance of agricultural education, science, and research; and WHEREAS, the Fair was formed for educational, scientific and charitable purposes to encourage, promote and maintain agricultural science, research, and educational functions and to provide scholarships for youth participants ( "Purpose "); and WHEREAS, the County has provided Funds (as defined herein) for the support of said Purpose; and WHEREAS, the Fair will provide educational programs and opportunities for the youth and adults of the community in the areas of agricultural science and research; and NOW, THEREFORE, for the mutual consideration stated herein, the receipt and sufficiency of which is hereby acknowledged, the Fair and County agree as follows: AGREEMENT 1. TERM. The Term of this Agreement shall be one (1) year from the Effective Date. 2. FUNDS. Fair shall be funded from certain available revenues generated pursuant to the Hotel Occupancy Tax, Texas Tax Code, Chapter 352, and shall be disbursed by the County during the Term of the Agreement. Fund disbursement shall be authorized by Hotel Occupancy Tax Committee. The County has no control or authority over the Funds and shall make no disbursements of said Funds. without Hotel Occupancy Tax Committee authorization. 3. EMPLOYEES. The County shall provide the salaries for two (2) full time Fair employees ( "Fair Employees ") and health insurance and other benefits equivalent to that of County employees, These Fair Employees will be treated as County employees for purposes of F: \Civil \CLIENT FILES \BRAZOS VALLEY FAIR \Contracts\2012 -20 AGREEMENT FOR THE Page 1 PAYMENT AND USE OF BRAZOS COUNTY FUNDS Final.docx IF / 3 personnel and payroll policies and procedures. These Fair Employees are subject to the same statutory provisions as County employees regarding all wages and benefits. In addition to their duties as Fair Employees, they shall also be available to assist in all aspects of the operation of the Brazos County Expo. 4. PAYROLL SERVICES. The County shall provide payroll services for all Fair Employees for the Term of this Agreement. 5. OFFICES. Fair Employees shall be allocated use of office space at the Brazos County Expo Complex for the Term of this Agreement. The County may relocate Fair Employee's offices as needed at the sole discretion of the County. Utilities for Fair Employee offices shall also be provided by the County. 6. LEGAL SERVICES. County may provide, at the County's sole discretion, general legal services for the Fair on a case by case basis. The County may cease to provide legal services at any time the County deems there to be a possible conflict of interest, or if the County determines that the legal services requested by the Fair are of a nature that is incompatible with County duties. 7. GENERAL OFFICE SUPPLIES AND EQUIPMENT. The County shall provide one (1) computer, office furniture and telephones /facsimile. 8. VEHICLES. The County shall provide one (1) vehicle to the Fair for use in conjunction with Fair activities and business. The County shall provide insurance for said vehicle at no cost to the Fair. Use of County vehicles by Fair Employees must comply with County policies on vehicle usage. 9. INFORMATION TECHNOLOGY SERVICES. The County shall provide the following Information Technology services during the Term of the Agreement: a. Internet access b. Computer hardware configuration and installation c. General troubleshooting and IT help desk services 10. INTERNAL AUDIT REQUIREMENTS. The financial data for the Fair will be incorporated into the County's Comprehensive Annual Financial Report for as long as the Fair qualifies as a component unit of the County based on Generally Accepted Accounting Principles. Fair will report financial data quarterly to the Brazos County Auditor's office in accordance with the County's accounting policies, definitions and usage. Fair shall maintain fiscal records and supporting documentation in the form of canceled checks, payroll records, invoices, and/or other documentation required for all expenditures of funds made under this agreement and shall allow the Brazos County Auditor access thereto upon reasonable request. 11. EXTERNAL AUDIT REQUIREMENTS. (IF REQUESTED BY the BRAZOS COUNTY AUDITOR) The Fair 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. The Fair agrees to maintain such records for possible audit for a minimum of three (3) years after the termination date of this Agreement, unless a longer period of records retention is stipulated. The Fair agrees to allow the F;1Civil\CLIENT FILESIBRAZOS VALLEY FAIR1Contracts12012 -2013 AGREEMENT FOR THE PAYMENT AND USE OF BRAZOS COUNTY FUNDS Final.docx Page 2 Vol. I7,.3 Fig. ��,3 auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. The Fair agrees that County, or its designated representative, shall further have the right to review and to copy any records and supporting documentation for prior years in which County provided funds to the Fair under prior Agreements. Any audit will be conducted by County personnel or an independent third party, as determined or agreed to 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 Fair. During said audit, The Fair shall require that a management letter be prepared by auditor. The management letter shall identify issues not required to be disclosed in the annual financial report but shall state any concerns and suggestions noted during the audit. Annual financial statements (audited if available) are due to County within six (6) months of completion. 12. RECORDS. The Fair is responsible for all record keeping associated with Fair activities. The Fair shall maintain and make available for inspection by the County upon request, consistent with federal and state law, any and all records the County determines, at its sole discretion, to be necessary for the Commissioners Court of Brazos County to justify its continued participation in supporting the Fair with funding. Said records shall be retained and made available for inspection and audit by the County upon reasonable notice. The Fair shall retain all records for a period of five (5) years. 13. VENUE AND GOVERNING LAW. The validity of the Agreement and all matters pertaining thereto shall be governed and determined by the Constitution and the laws of the State of Texas. Venue for any suit filed against County shall be in Brazos County. 14. INDEMNITY. The parties hereto agree to indemnify one another for and hold one another harmless from and against all suits, claims, demands, liabilities, or actions resulting or alleged to result from the breach, violation or non - performance of the services stated herein and for any damage to any person resulting from any action or omission or negligence on the part of each party thereto. 15. SOVEREIGN IMMUNITY. The parties understand that the County does not waive or relinquish any immunity or defense on behalf of itself, officers, employees, agents, and volunteers as a result of its execution of this Agreement and the performance of the covenants contained herein. Further, the County is not responsible for any civil liability that arises from any act or omission made within the course and scope of this Agreement. The parties understand and agree that the County does not assume civil liability under any theory of law for the actions of the Fair in providing services hereunder. 16. SEVERABILITY. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court of competent jurisdiction finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it may become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. F:1CivilkCLIENT FILESIBRAZOS VALLEY FAIRIContracts12012 -2013 AGREEMENT FOR THE PAYMENT AND USE OF BRAZOS COUNTY FUNDS Final.docx J Page 3 Vol..------ - - - - -- r9 _ 17. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties hereto concerning the subject matter contained herein. There are no representations, agreements, arrangements or understanding, oral or written, between or among the parties hereto, relating to the subject matter of the Agreement, which are not fully expressed herein. 18. COUNTY INVOLVEMENT. The County and Fair state that to the best of their knowledge, no officer, agent, or employee of the County who exercises any function or responsibility in connection with the carrying out of this Agreement or the services to which it relates has personal interest, direct or indirect, in this Agreement. 19. TERMINATION. This Agreement may be terminated by either party upon thirty (30) days written notice. Such notice shall be mailed return receipt requested to the non - terminating party at the addresses listed below. 20. NOTICES. All notices to the Brazos Valley Fair & Exposition shall be sent by certified or registered mail, addressed to: Brazos Valley Fair & Exposition 200 South Texas Avenue, Suite 329 Bryan, Texas 77803 with a copy to: Fair General Manager 5827 Leonard Road Bryan, Texas 77807 All notices to County of Brazos shall be sent by certified or registered mail, addressed to: County of Brazos 200 South Texas Avenue, Suite 332 Bryan, Texas 77803 21. ACCEPTANCE OF TERMS. The signature of both parties shall evidence acceptance of these terms. [SIGNATURES TO FOLLOW ON NEXT PAGE] F:1Civi11CLIENT FILESIBRAZOS VALLEY FAIR1Contracts12012 -2013 AGREEMENT FOR THE PAYMENT AND USE OF BRAZOS CO 7�L ^S F� ►+ai docx Page 4 n Brazos Valley Fair & Exposition a Texas nonprofit corporation By: Jim Mazurkiewicz, President ATTEST County Clerk, Brazos County B y: Karen McQueen County of Brazos State of Tex By.�--- Duane Peters, County Judge F:ICivi11CLIENT FILESIBRAZOS VALLEY FAIR1Contracts120 1 2 -20 1 3 AGREEMENT FOR THE PAYMENT AND USE OF BRAZOS COUNTY FU Fina l.docx Page 5 Vol, 1 71 5 Pg.02,99.-4 -- AGREEMENT FOR ANIMAL SHELTER SERVICES Brazos_ County and Aggieland Humane Society, Inc. October 1, 2012 — September 30, 2013 is Agreement for Anirrl I Shelter Services ("Agreement ") is made this day of , 201/Sy and between The Aggieland Humane Society, Inc., a Texas non - profit corporation (herein the "Shelter'l and Brazos County, Texas, a political subdivision of the State of Texas acting by and through its duly elected Commissioners Court (herein "County "). RECITALS Whereas, the Shelter operates a facility currently located at 5359 Leonard Road, Bryan, Brazos County to house stray, unwanted or abandoned animals (herein the "Facility "); and Whereas, the County has a need of a facility to house animals, other than livestock, that it takes possession of throughout the County; Now: THEREFORE KNOW ALL BY THESE PRESENTS, that for and in consideration of the mutual covenants herein expressed, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: AGREEMENT 1. The County agrees that all animals, other than livestock, seized within its jurisdiction by its duly appointed agents, may be delivered to the Facility, there to be impounded under the exclusive control and custody of the Shelter for periods of time as required by State law and the applicable County orders except as hereinafter set forth, but in no circumstances less than three (3) days unless determined by a certified euthanasia technician that euthanasia is necessary. 2. The County agrees to pay to the Shelter an annual fee of $83,671.00 based upon the term of the Agreement. The fee shall be divided into twelve (12) payments to be paid monthly. 3. The Shelter shall collect and forward to the County those fees collected for the registration of dogs and cats within the unincorporated areas of Brazos County, commonly referred to as "license fees." The Shelter shall administer the County License program (Registration of Dogs and Cats, Texas Health and Safety code §826.031) and monthly deliver those fees collected to the Brazos County Treasurer, along with supportive documentation prescribed by the Brazos County Auditor. 4. The County represents to the Shelter that it has in force orders providing for the vaccination and licensing of animals under appropriate circumstances, providing for impounding of nuisance animals running at large, and that while this Agreement is in AGREEMENT FOR ANIMAL SHELTER SERVICES Brazos County and Aggieland Humane Society, Inc. October I, 2012 — September 30, 2013 '7 effect, such orders will be continued in force, provided, however, that such orders may be modified from time to time as the County deems appropriate. 5. The County agrees that every animal delivered to the Shelter in accordance with this Agreement, shall become the sole and exclusive property of the Shelter upon its delivery to the Shelter (subject to reclamation by the owner), so that neither the County nor any agency nor agent of the County, nor of the State of Texas, nor any institution, corporation nor individual shall have any claim or right to any animal not so claimed and redeemed. The County agrees, that the Shelter shall have the undisputed right, consistent with the orders of the County, to humanely dispose of every animal given into its custody in accordance with the Shelter's principles as follows: a. To place animals in the care, custody and control of new owners: and b. To humanely destroy animals which are not claimed by owners and which are not suitable for placement in the care, custody and control of new owners. 6. The Shelter agrees to accept each and every animal delivered to the Facility located in Brazos County, Texas by the agents of the County and to provide each and every such animal with shelter, food, water and all other humane treatment of the same degree and kind that the Shelter provides for all other animals which may come into its care, custody and control. The County shall not accept a surrender of ownership of an animal by its owner in the field. 7. The Shelter agrees that it will make its Facility available to the County during its open hours and during periods of closure for the purpose of delivering animals to the Shelter. 8. The Shelter agrees to provide to the County on or before the last day of each month during the term of this Agreement a statement of the number of dogs, cats and miscellaneous animals received by the Shelter from the County or otherwise retrieved from Brazos County, and the number of dogs and cats issued County tags during the preceding calendar month. 9. The County reserves the right to require an audit of the records of the Shelter at any time deemed necessary for the limited purpose of verifying the number of animals registered or licensed and the number of animals attributable to the County and the length of stay of each such animal. 10. It is mutually agreed that the Shelter shall provide facilities for rabies observation for at least six (6) dogs and eight (8) cats. Animals delivered to the Shelter by the County for rabies observation shall be isolated for a period of time in accordance with State law. 11. In the event animals are being held by the Shelter as a result of a cruelty, seizure or a legal hold has been placed upon the animals as a result of a criminal prosecution, the County shall reimburse the Shelter for any veterinarian invoices and AGREEMENT FOR ANIMAL SHELTER SERVICES Brazos County and Aggieland Humane Society, Inc. October 1. 2012 — September 30, 2013 Vol. -- _l �.j F= g, v�e� medical bills incurred by the Shelter until the Court either awards the animal to the Shelter, orders it destroyed or orders it returned to its owner. The County shall not be liable for these costs in the event a court of competent jurisdiction orders the animal owner to pay such costs. 12. Shelter shall at all times relevant to the fulfillment of this Agreement have, keep, and maintain insurance covering general liability, worker's compensation if required by State law, and automobile liability. Worker's Compensation insurance shall be at statutory limits, including employer's liability coverage at minimum limits of $500,000.00 each accident. Such policy will contain a waiver of subrogation in favor of the County. The General Liability insurance shall have a minimum combined single limit for bodily injury, personal injury, and property damage of $1,000,000.00 per occurrence and shall name the County as an additional insured. Automobile Liability insurance shall be continuously held with limits for bodily injury and for property damage of not less than $1,000,000.00 on all self - propelled vehicles used in connection with the animal control operation, whether owned, non -owned or hired. Copies of certificates evidencing such insurance as herein required shall be sent to the County for its records. The Shelter agrees, to the extent allowed by law, to indemnify and hold harmless the County from all claims, damages, or causes of action which might arise from any obligations of Shelter as outlined herein, and Shelter specifically agrees to indemnify the County against all claims, damages or causes of action which might arise as a result of acts, omissions County for respondeat superior or vicarious liability, arising out of Shelter's obligations under this Agreement. 13. The Shelter shall at all times in performance of its Agreement be considered as an independent contactor. Such status shall apply to all of the Shelter's officers, agents and employees and in no event shall the Shelter's officers, agents or employees be considered an employee of the County. 14. In the event the County fails to remit to the Shelter the fees due hereunder, the County shall be in default. The Shelter shall terminate the Agreement for non- payment of fees if the County has not cured the default after thirty (30) day written notice. 15. TAX EXEMPT STATUS: As a political subdivision of the State of Texas, Brazos County is tax exempt. Tax exemption certification will be furnished upon request. 16. GOVERNING LAW AND VENUE: The validity of the Agreement and all matters pertaining thereto shall be governed and determined by the Constitution and the AGREEMENT FOR ANIMAL SHELTER SERVICES Brazos County and Aggieland Humane Society, Inc. October 1, 2U 12 —September 30, 2013 3 laws of the State of Texas. Venue for any suit filed against County shall be Brazos County. 17. DISPUTE RESOLUTION: The dispute resolution process provided in Chapter 2009, Texas Government Code, and the related rules adopted by the Attorney General pursuant Chapter 2009, shall be used by County and Shelter to attempt to resolve any claim for breach of contract made by Shelter that cannot be resolved in the ordinary course of business. Shelter shall submit written notice of a claim of breach of contract under this Chapter to the County Attorney — Civil Division of Brazos County, who shall examine Shelter's claim and any counterclaim and negotiate with Shelter in an effort to resolve the claim. 18. LIMITATIONS: The parties are aware that there are constitutional and statutory limitations on the authority of the County to enter into certain terms and conditions of the Agreement, including, but not limited to, authorizations of the placement of liens on County property; disclaimers and limitations of warranties; disclaimers and limitations of liability for damages; waivers, disclaimers and limitations of legal rights, remedies, requirements and processes; limitations of periods to bring legal action; granting control of litigation or settlement to another party; liability or acts or omissions of third parties; payment of attorneys' fees; dispute resolution; indemnities; and confidentiality (collectively, the "Limitations "). Any terms and conditions related to the Limitations will not be binding on the County except to the extent authorized by the laws and Constitution of the State of Texas. 19. AUDITS: All records relating to the service provided under this Agreement and supporting documentation for invoices submitted to County by the Shelter shall be retained and made available by the Shelter for audit by County, its duly authorized representatives, the State of Texas (including, but not limited to the Auditor of the State of Texas, Inspector General or duly appointed law enforcement officials) and agencies of the United States Government. Such records shall be returned by Shelter and made available for any time period required by state or federal law. If changes occur in the governing state or federal law, regarding retention records, Shelter shall comply with such changes. County shall inform the Shelter in writing of the retention periods established by State and federal law applicable to such records and shall provide written notice if changes occur to such retention requirements. If an audit is initiated before the expiration of such time periods required by state or federal law regarding retention of records, the Shelter shall retain such records until the audit is concluded and all issues resolved. Shelter shall provide County with copies of such audits that are conducted with respect to the Agreement. 20. AUDIT RESPONSIBILTY: The Shelter shall be responsible for receiving, replying to and /or complying with any audit exception by appropriate federal, state or local audit directly related to the provision of this Agreement. The Shelter shall repay to County the full amount received for duplicate billings, erroneous billings, false or deceptive claims. The Shelter recognizes and agrees that County may withhold any money due and recover through any appropriate method any money erroneously paid under this Agreement if evidence exists of less than full compliance with this Agreement. AGREEMENT FOR ANIMAL SHELTER SERVICES Brazos County and Aggieland Humane Societe, Inc. October 1, 2012 —September 30, 2013 4 Vol 73 21. This Agreement is not assignable by either party. 22. This Agreement shall be for a term of one year commencing on October 1, 2012, and terminating on September 30, 2013. Either party may cancel this Agreement upon thirty (30) days written notice to the non - cancelling party. IN WITNESS WHEREOF, the said County and the said Shelter have hereunto caused their representative corporate names and seals to be hereunto subscribed and affixed by their representative officers first thereunto duly authorized as of the date hereinabove first written. ATTEST: ZOS S 7: Karen McQueen, County Clerk Duane Peters, County Judge AGGIELAND HUMANE SOCIETY Kathy Bice, Executive Director AGREEMENT FOR ANIMAL SHELTER SERVICES Brazos County and Aggieland Humane Society. Inc. October 1. 2012 — September 30, 2013 � 173 R I F or t Brazos County :1y Purchasing Department OF 200 S. TX AVE., SUITE 352 BRYAN, TX 77803 PHONE (979) 361 -4290 FAX (979) 3614293 BRAZOS COUNTY BID /RFP /RFQ DOCUMENTATION SHEET The Purchasing Department would like to request Commissioner's Court approval to advertise and request Bids on the following: DATE: December 13, 201.2 BID NUMBER: 2013 -28 REQUEST FOR PROPOSAL NUMBER: REQUEST FOR QUALIFICATIONS NUMBER: TITLE: Network Cabling Parts REQUESTING DEPARTMENT: APPROVAL SIGNATURE: DATE APPROVED: Duane Peters, County Judge IT .De artment win INVITATION TO BID 2013 -28 NETWORK CABLING PARTS BRAZOS COUNTY PURCHASING DEPARTMENT 200 S. Texas Avenue, Suite 352 Bid Request No. 2013 -28 Bryan; Texas 77803 Telephone (979) 361 -4291 Bids will be received, publicly opened and read aloud in the Brazos County Purchasing; Department, Brazos County Administration, 200 S. Texas Ave. Suite 352, Bryan, Texas, at 2:00 p.m. Tuesday, January 7, 2013. A. SCOPE OF BID Brazos County is seeking bids from vendors to provide cable and cabling parts to Brazos County beginning January 15, 2013 through January 14, 201.4 per the following terms, conditions, specifications, and attachments. B. CONDITIONS OF BIDDLNG The following instructions apply to all bids and become a part of terms and conditions of any bid submitted to the Brazos County Purchasing Office, unless otherwise specified elsewhere in this bid request. All vendors are required to read and understand the Terms and Conditions, as set out in this document and will be held responsible for having done so. Definitions In order to simplify the language throughout this bid, the following definitions shall apply: a. BRAZOS COUNTY -The government of Brazos County, Texas and its authorized representatives. b. BRAZOS COUNTY CONVY]ISSIONERS - The elected officials of Brazos County, Texas given the authority to exercise such powers and jurisdiction of all county business as conferred by the State Constitution and Laws. C. CONTRACT - An agreement between Brazos County and a Vendor to furnish supplies and /or services over a designated period of time during which repeated purchases are made of the commodity specified. d. CONTRACTOR - The successful Vendor(s) of this bid request. e. COUNTY - Same as Brazos County. f. SUB - CONTRACTOR - Any vendor hired by the Vendor or vendor to furnish materials and services specified in this bid request. g. VENDOR - Same as Contractor. 2. Upon acceptance and approval by the Commissioners' Court, this bid effects a working contract between Brazos County and the successful vendor for the period designated. 3. Bids must be received by the Purchasing Office prior to the time and date specified. The mere fact that the bid was dispatched will not be considered; it is the responsibility of the vendor to' insure bid is received. 4. Brazos County reserves the right to accept or reject. in part or in whole, any bids submitted, and to waive any technicalities for the best interest of Brazos County. 7.j o Z 3.3 Proposal Continuation Sheet BRAZOS COUNTY, TEXAS Proposal Request No. 2013 -28 Page 2 of 8 pages Brazos County reserves the right to reject any bid that does not fully respond to each specified item. Brazos County shall not be responsible for any verbal communication between any employee of Brazos County and any potential vendor. Only written specifications and written price quotations will be considered. Vendor must sign Certification of Bid and include Vendor Identification Number or Social Security Number for the bid to be valid. Should there be a change in ownership or management; the contract shall be canceled unless a mutual agreement is reached with the new owner or manager to continue the contract with its present provisions and prices. This contract is nontransferable by either party. 9. Brazos County may cancel this contract at any time for any reason, provided a thirty day written notice is given. 10. The bid award shall be based on, but not necessarily limited to, the following factors: a. Cost b. Special needs and requirements of Brazos County C. Delivery d. References e. Brazos County's experience with products bid f. Vendor's past performance record with Brazos County Brazos County must be confident that the needs of Brazos County can be met. Brazos County will evaluate and make the award to the bid that is determined to be the best value to the state based on the criteria listed above. Although the cost of products to be provided is an essential part of the Bid Brazos County is not obligated to award a contract on the sole basis of cost, but will award to vendor considered to be the best value to Brazos County. The award will be made to one or multiple vendors based on whichever is in the best interest of Brazos County. Brazos County reserves the right to reject any or all proposals and to waive technicalities as may be considered for the best interest of Brazos County. Brazos County may award this contract in part or in whole due. 11. Although the cost of products to be provided is an essential part of the Bid, Brazos County is not obligated to award a contract on the sole basis of cost. 12. Acceptance of merchandise, work and /or equipment provided shall be made by Brazos County at the sole discretion of the Commissioners Court when all terms and conditions of the contract and specifications have been met to its satisfaction including the submission to Brazos County of any and all documentation as may be required. 13. Title and Risk of Loss of the goods shall not pass to Brazos County until Brazos County actually accepts and takes possession of the goods at the point or points of delivery. 14. This agreement shall be governed by the Uniform Commercial Code as adopted in the State of Texas as effective and in force on the date of this agreement. Proposal Continuation Sheet Proposal Request No. 2013 -28 BRAZOS COUNTY, TEXAS Page 3 of 8 pages 15. Bids must be submitted on units of quantity specified. In the event of errors in extended prices the unit price shall govern. Any suggested change in quantity on the part of the vendor to secure better price or delivery is welcomed and may be given consideration provided that the vendor also bids on the quantity as specified. V 16. Bids must specify the number of consecutive calendar days required to deliver the commodities under normal conditions. Failure to specify delivery time will be considered reason enough to cause the bid to be disregarded. Delivery time quoted will be given consideration in awarding orders. If delivery is not made within the specified delivery in the bid, the entire order or contract may be canceled. 17. Bids cannot be altered after receiving time. No bid may be withdrawn after opening time without acceptable reason and with the approval of the Purchasing Agent. 18. Bids must be submitted on this form and returned in an envelope with the Bid name and number on the front. Bids will not be considered if submitted by telephone, fax or any other means of rapid dispatch, nor will a bid be considered if submitted to any other person or department other than specifically instructed. 19. Bids must show full firm name, mailing address and telephone number and be manually signed by an authorized sales or quotation representative of the vendor. Firm name and authorized signature shall appear in each space provided. 20. In the event of a needed change in the specifications sent to the vendor, it is understood that all the foregoing terms shall apply to the addendum or addenda. 21. It is Brazos County's policy not to furnish bid results over the phone. Tabulation sheets will be posted on the Brazos County web site ( %Aww.co.brazos.tx.us, Purchasing, Bid Tabulations), and upon bid award by Commissioner's Court. 22. The teen of this contract will be one year from date of award. Brazos County reserves the right to extend this contract for three additional years one year at a time upon mutual agreement of Brazos County and the successful Vendor. Renewals shall be subject to all terms, conditions, pricing, requirements and specifications as listed herein, unless noted and agreed to by both parties. 23. Successful vendor agrees to extend prices and terms to all entities who have entered or will enter into joint purchasing inter -local cooperation agreement(s) with Brazos County. C. SPECIAL PROVISIONS Brazos County reserves the right to inspect the stock with advanced notice given to the owner(s) or manager before acceptance. Brazos County wiJI not be responsible for buying any items of excessive stock upon termination of this contract. 2. Quantities indicated in the Bid are estimated based upon the available information. Brazos County reserves the right to increase or decrease the quantities by any amount deemed necessary to meet its needs without any adjustments in the bid price. The Vendor and Brazos County, along with its several departments, shall determine mutually agreeable delivery schedule_ The proposed schedule may be changed. s /7..3 _; x , �1i Proposal Continuation Street BRAZOS COUNTY, TEXAS Proposal Request No. 2013 -28 Page 4 of 8 pages 4. All prices shall include freight. Deliveries will be F. O. B. Brazos County (INSIDE DELIVERY), Bryan, Texas, on regular working days of Brazos County and between the hours of 8:00 A. M. and 4:30 P.M., IMonday through Friday. 5. If Vendor fails to deliver by the specified delivery date, and is unable to give acceptable reasons for the delay, Brazos County reserves the right to cancel that portion which the Vendor has failed to deliver within the specified time and to purchase the item(s) elsewhere. Amy catalog, brand name or manufacture's reference used is considered to be purely descriptive -- not restrictive -- and is indicative of the type and quality of items Brazos County desires to purchase. Bids on similar items of like quality will be considered if noted on the Bid, with fully descriptive brochures enclosed. If a notation of substitution is not made, it is assumed the Vendor is bidding all items as specified. 7. All deliveries are to be made F.0-B. Brazos County IT Department,205 E 27 St. Bryan, TX 77803 between the hours 8:00 a.m. and 4:30 p.m. Monday through Friday, except on regularly observed state or federal holidays, unless otherwise requested by the County. 7. Quantities indicated in the Bid are estimated based upon the best available information. The County reserves the righ to increase or decrease the quantities by any amount deemed necessary to meet its needs without any adjustment in the bid price. 8. Any catalog, brand name, or manufacturer's reference used is considered to be descriptive -- not restrictive -- and is indicative of the type and quality the County desires to purchase. 9. All items bid, supplies, equipment, etc. shall be new and in first class condition, including containers, suitable for shipment and storage, unless otherwise indicated in bid invitation. Manufacturer's standard new containers sufficiently durable to insure safe delivery and the construction and labeling of which shall allow ready acceptance by common carriers regularly engaged in interstate and intrastate commerce are required. All products shall not affect nor shall not have defects affecting serviceability such as rush spots, dents, weak scams, etc. 10. Upon award, if the agreement is canceled due to non - performance or upon expiration of the agreement, the company will be required to issue return authorization and/or credit to the County for all returned unopened cases of product. U. LISURA�`'CE REQUIRETMENTS The Vendor shall, in addition, instruct his insurance agent or carrier to furnish Brazos County a Certificate of Insurance attesting to the issuance of the following policies affording coverage as required and listed in the following parts of this section. Please note that such Certificates of Insurance and any required bonds must be issued and then approved by the Brazos County Purchasing Department. The Certificate of Insurance must be approved by Brazos County prior to any delivery. 2. The Vendor shall furnish and keep in full force the following insurance during the term of this contract: Statutory coverage for both Workman's Compensation and Vendor's liability Insurance. Vol. l7 3� Proposal Sheet BRAZOS COUNTY, TEXAS Proposal Request No. 2013 -28 Page 5 of 8 pages General Liability with limits for bodily injury and for property damages of not less than $1,000,000 CSL. Comprehensive Automotive Liability with single limits of'$500,000 for Bodily Injury and Property Damage Liability. 3. All of the aforementioned policies and Certificates of Insurance should be issued immediately after the Vendor receives notification of award and prior to the notice to proceed. 4. The Vendor agrees to hold harmless Brazos County from any and all claims and liability due to the acts of the Vendor's employees and the operation of his equipment. The Vendor also agrees to hold harmless Brazos County from any and all expenses, including attornev fees, incurred by Brazos County in litigation or otherwise resisting such claims or liabilities as a result of the Vendor's employees' activities. further, the Vendor agrees to protect, indemnify and hold harmless Brazos County from and against all claims. demands and causes of action of every kind and character brought by any employees of the Vendor against Brazos County due to personal injuries and /or death to such employee resulting from any alleged negligent act, by either commission or omission on the part of the Vendor or Brazos County. Vol. �/73 Pg. Proposal Continuation Sheet BRAZOS COUNTY, TEXAS E. QUOTATIONS Proposal Request No. 2013 -28 Pape 6 of 8 pages �i: '�aY . n'.. y 0 1 7 + 100 Belden !k - 24567915 I 1 Cat6 Plenum Data Cable I OOOft.box 6 Belden 639948 RG -6 plenum coaxial cable for CATV 1000ft.box 5 Chatsworth 10250 -718 118 "x9' Cable runway- ladder rack I EA Chatsworth 55053 -703 Tx19" black aluminum relay rack i EA 5 Chatsworth 12730 -718 Rack to runway plate for 18" runway EA 5 Chatsworth 11421 -718 Wall angle support for 18" runway EA 5 Chatsworth 11312 -718 Triangular support bracket for 18" rumvav EA 6 Chatsworth 10595 -712 Rack to runway plate for 12" runwav EA 6 Chatsworth 11421 -712 Wall angle support for 12" runway I EA 10 Chatsworth 10250 -712 12 "x9' Cable runway- ladder rack I EA 5 Chatsworth 11961 -718 wall mount rack 36 "xl9 "xl8" I EA I Corning I Corning I Coming I 002E58- 31331 -24 002K58- 31341 -24 002558- 31380 -24 Sv1 Two fiber zipcord plenum cable 62.5/125 Two fiber zi cord plenum cable 50/125 Two fiber zi cord plenum cable 500' spool 50Q' spool 500' spool 6 Chatsworth 30 Corning 10622 -010 go undin busbar EA FAIN- BT25 -12 25" 12 fiber fan -out kit I EA 2000 Coming 2000 Coming 024EU4 -T4101 D20 24 strand 8.3/125 SM Altos OSP cable FT 024TU4- T418OD20 24 strand 50/125 MM Altos OSP cable FT I 100 Corning 95- 101 -41 -SP SC 62.5 /125 MM connector I EA 100 Coming 95- 201 -41 -SP SC 8.3/125 SM connector I EA 2 Corning 1101045 -01 E o. / rimer /injector kit EA l0 Coming 2104072 -01 White lapping film EA 10 Corning 2104004-01 Grey lapping film EA 100 COMT I 95- 000 -40 Unicam SC MM termination EA 100 Corning 95- 200-4] Unicam SC SM termination EA 100 Panduit I FSCMC5BL SC 0 ticam 50/125 MM termination EA 100 Panduit I FSCMC6BL I SC 0 ticam 62.5/125 WNA termination I EA 100 Panduit FSCSCBU SC O ticam SM termination EA 100 Loctite 7649 Primer fore oxv olish connectors EA 100 Loctite 680 Adhesive forepoxy polish connectors EA 100 Corning 2104254 -01 Fiber cleaning cassette for SC, ST, and LC I EA 100 Panduit FLCSMC5BLY I LC O ticam 50/125 MM termination EA 100 Panduit FLCSMC6BLY LC 0 ticam 62.5/125 MM termination I EA 100 Panduit 10 Panduit FLCSSCBUY F%-X LC 0 t' am SM termination 2.OMM boots for fiber connectors EA I bag of 1g, 3 Erico I 611255 5' copper 1/2" Eound in rod I EA 6 CATV F connectors crimp style for RG -6 cable bag of 50 500 Panduit I CJ6X88TGBU Cat6a jacks -blue I EA 1000 Panduit CJ688TGBU Cat6 jacks -blue I EA 200 Panduit { CJ688TG0R Cat6 jacks-orange I EA 36 Panduit CMFBL CATV inserts -black EA 36 Panduit CMFWH CATV inserts -white EA 100 Panduit CFPE6WH 6-port face plates-white EA 100 Panduit CFPE4WH 4-port face laces -white EA 30 Panduit I CF 10641G 4-port floor frame -gray EA 72 i Panduit I CFFPL4BL 4-port furniture face plates EA Vol. Proposal Continuation Shcet BRAZOS COUNTY, TEXAS Proposal Request No. 2013 -28 Pagc 7 of 8 pages 20 Panduit CPPL48 WBL 48-port Patch Panels 1 EA 20 Panduit CPPA72FMWBLY 72-port Patch Panels EA 36 Panduit CMBWH -X blank port insert- white, bag of l0 24 Panduit CMBBL -X blank port insert-black bag of 10 20 Panduit WMPFIE Horiz. wire manager -2RU front onlv EA 10 Panduit WM.PV45E Vert. wire manager -7'h, 4 "w front and rear EA 10 Panduit WIvfPV22E Vert. wire manager -22 RI�fU front and rear EA Panduit P VCBE center mount kit for vert wire mat EA 6 Panduit JP2W -L20 J hooks ;' / ceiling wire clip I 50/box 6 Panduit JP2WP -L20 J -hooks w/ wall mount bracket 50/box 6 Panduit Panduit CICZC2X2 GPKBW 144 Zone cabling box 2'X2' Cat6 1 10 unchdown block with leg kit EA 6 EA 6 Panduit Panduit P1 I OKB 1004 JBX3510WH -A Cat5e 110 unchdown block with let=s kit Single gang surface mount 'unction box -white EA 20 20 Panduit LDIOWH8 -A 8' Latching racewa -white EA Panduit FWME8 wail mount fiber enclosure EA 2 Jetline PL232B 6500' 200lb tensile strenolh pull string in a bucket EA 20 Panduit PLT4S -C 14" cable ties 1 Pkg/100 3 Panduit PLT3S -C702Y halar cable ties 11.6 in -100 count Pkg/100 300 Panduit UTPSP3BUY Cat6 aft patch cable -blue EA 300 Panduit UTPSPSBUY Cat6 5ft patch cable -blue EA 900 Panduit UTPSP7BUY Cat6 7ft patch cable -blue EA 900 Panduit 1) PSPIOBUY Cat6 IOft patch cable -blue EA 100 Panduit UTPSP20BUY Cat6 20ft patch cable -blue EA 300 Panduit UTPSP7 Cat6 7ft patch cable- off. -white EA 6 Panduit CIPOR -C Telephone icon for TX jacks Pkg/100 , I Siemon FT- CKIT -L2 Anaerobic consumables kit for fiber termination EA 36 S ec. Tech. FS200 2" wall penetration w/ firesto utty 6 gauge rounding cable EA l 1 600 48 Panduit CX225 - - #�# co er groundin lug screw -dwn NO CRIMP 1 EA �t 1 Brother PT -1400 Label printer ~ EA 9 Brother TZ -221 Black On White label Tape, 3/8" x 26.2' EA I Fluke F'T'120 Fiberviewer Microscope 200x with safety filter EA 3 Fluke FT525 Fiberins ector mini and cleaning kit EA 2 Greenlee 438 -2X 25' fishta e w/ crank handle EA 2 Ideal 33 -750 RJ- 45/RJ -1 I Crimper set EA 1 Crain Ent. 90520 22' Go her Pole EA I Greenlee 45655 Fiber Optic hand tools kit EA I Greenlee 34757 1/2" - 2" knockout kii EA 1 Greenlee 02815 2 -1 /2" - 4" knockout kit EA i Greenlee 35884 i Kwik Stepper step bit kit EA pg. -3 Proposal Continuation Sheet BRAZOS COUNT TY, TEXAS F. REFERENCES Proposal Request No. 2013 -28 Page 8 of 8 pages Vendors shall provide a list of at least three (3) references, where work comparable in quality and scope to that specified has been performed within the past five (5) years. This list should include the names, phone number and email of the company /entity for which the prior work was performed to contact these references. A negative reference may be grounds for disqualification of bid. Company/Entity: Contact: Phone: Email: Company /Entity: Contact: Phone: Email: Company /Entity: Contact: Phone: Email: Vol. Proposal Continuation Sheet Proposal Request No. 2013 -28 BRAZOS COUNTY, TEXAS Page 9 of 8 pages LNVITATION TO BID 2013 -28 NETWORK CABLING PARTS G. CERTIFICATION OF BID The undersigned affirms that they are duly authorized to execute this contract, that this bid has not been prepared in collusion with any other vendor and that the contents of this bid have not been communicated to any other vendor prior to the official opening of this bid. SIGNED BY: TYPED \tA�ME: COMPANY NAME: PHONE: MALLING ADDRESS: P.O. Box or Street TITLE: City EMAIL ADDRESS: VENDOR IDENTIFICATION NUMBER: TX Zip CORPORATE SEAL IF SUBMITTED BY A CORPORATION END OF BI.D REQUEST NO. 2013-28 By signing below, Brazos County agrees that this bid, 2013 -28, will be awarded to the vendor whose name appears above and both parties agree to the terms and conditions contained herein. By: Brazos County Commissioner's Court_ Date Attest: Brazos County Cl Vol. Pg. ��. . BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT: Road & Bridge MEETING DATE: December 18, 2012 SUBJECT:': Utility Permit — Wellborn Special Utility District Consider and take action on the Wellborn S.U.D. utility permit to construct 2" road bore. This project xvi1J provide water service to customer at address 909 Deer Hill Drive (Deer f-Iill Estates Subdivision). Site is located in Precinct 4. RE Q UIREMENTS : • No work will be permitted between front slope and /or back slope • No work shall be done within 3' of driveway culverts measured from outside culvert walls • All installation(s) shall be constructed in designated utility casements, if applicable. If no utility easement exists, the installation(s) shall be 1) within 2 -4' of and parallel to the right- of -vvay line and /or, 2) ui the case of a road bore, perpendicular to the right- of -w2y line • If clearing of brush, trees and other obstruction is necessary, it shall be the Applicants responsibility to do so and to remove all cleared brush, trees etc. from count, right -of -way • All disturbed areas will be seeded after completion, if ground cover was removed and shall be compacted in 8" lifts to 90% density ASTNI -Test Method Igo. D -698; test. shall be conducted by an independent geotechnical testing firm; copies of all test results shall be furttisheci to the office of the Brazos County Engineer • Construction shall be in strict conformance to the latest Texas Adanual of Uniform Traffic Control Devices for Streets and Highways, published by the Texas Department of Transportation, and all other State and Federal laws governing utility construction • All underground utilities shall be placed at least thirty-six (36 ") below ditch flow line • Notification 48 hours prior to beginning work to meet with inspector from Brazos County at project site • Utility will be installed in accordance with the Brazos County Roadway Safety and Road Preservation Standards SUBMII"1 1'ED BY: jodX. Salvato Right of Way Agent This request is APPROVED APPROVED BY: . rtna Cauley Conunissioner Precinct 4 / DENIED ❑ by Commissioners' Court Duane Peters, County Judge DATE: BRAZOSCOUNTY PROCEDURES TO BE FOLLOWED FOR ACTIVITY I N, UNDER, ACROSS OR ALONG BRAZOS COUNTY ROADS, STRE1,17S, HIGHWAYS Anyone p roposing to conduct activity in a Brazos Count Right of Way in under, across or aloe shall apply Y p p g Y Y g Y( � � 8 }� for a permit. Such activity, including but not limited to laying, constructing, maintaining, and/or repairing cable, conduit, pole lines, gas lines, or any other utility, shall apply for a permit. To make application for a permit, the following must be submitted: 1. Complete application fonn (attached hereto); 2. Attach a Vicinity Map or Key Map page; and 3. Provide detailed construction drawings indicating the scope of work and compliance with the attached Brazos County Design Standards and Safety Precaution Requirements for Work Conducted in Brazos County Rights of Way. The completed application and all of its appurtenances shall not contain any false information nor conceal any material facts. Only after obtaining the Right of Way Permit can construction begin. Early start on any construction, other than emergency situations, will not be considered. Permitting may take tip to two weeks. A separate application must be filed for each work site. Written notices are required: 1. 24 hours in advance of construction start tip; 2. If an emergency existed, 24 hours notice after construction started; and 3. Notification that construction is complete and ready for County to inspect to ensure right of way is returned back to original condition. Provide Notice to: Joe Salvato Phone Number (979) 822 -2127 ext. 3033 Brazos County Engineer's Office 2617 Highway 21 West Bryan, Texas 77803 e -mail - JSalvato ©brazoscotitit)lx.gov Failure to obtain a permit anfl /or notify the Cornrty Engineer's Office within 24 hotirs of beginning corlstruclion shall constitute grounds for job shiadown. P9 • Q? _ Wellborn Special Utility District December 11, 2012 The Commissioner's Court of Brazos County Attention County Judge: Formal notice is hereby given that Wellborn Special Utility District will construct a road bore for water line within the right -of -way of a County Road in Brazos , County. Texas as follows: Road bore will be made under Dear Hill Road. Bore will be made from existing 2" water line located on the southeast side to northwest side to proposed water meter for a distance of 100' at a minimum depth of 36" below ditch flow line. The location and description of this line is more fully shown In drawings attached to this notice. The line will be constructed and maintained In the County Road right -of -way in accordance with the Brazos County Roadway Safety and Road Preservation Standards and governing laws. Construction of this line will begin on or after December 11, 2012 Regards, p an C General anager Wellborn Special Utility District Vol. - p9• � T - P.O. Box 250 # 4118 Greens Prairie e • Fax 979.690.1260 APPLICATION FOR WATER UTILITY PERMIT D + SIGNATI NG PLACEMENT OF UTILITY IN COUNTY 1UGIIT OIL WAY TO: THE COUNTY ENGINEER OF BRA7_,OS COUNTY, TEXAS Pursuant to the Texas Utility Code, Section 181.024, comes now Wellborn SUD [company na ine], hereinafter referred to as "Company" a Tex [state] Corporation, with authority to transact business in Texas, acting by and through its duly authorized representative, and hereby petitions the County Engineer for the right to lay, construct, maintain, repair and/or operate a gas facility under, over, across and /or along certain County Roads as shown on drawings and diagrams attached hereto and said location described as follows: racitily to Cross Road Road Name & Block Number Length of Crossing TYPE Or CONSTRUCTION CHECK ONE Deer Hill 1UU tt Bored Jacked Driven Cased X Pacilib to Parallel County Road Within Right -Of -limy Road Name and Block Number From To Depth Distance CONSTRUCTION TYPE 2" Diameter - 10" Nall Thickness Material Specification P VC Casing Maximum Operation Pressure 200 psi The location and description of the proposed installation and appurtenances must be fully shown on the attached detailed drawings. The Company shall commence actual construction/work in good faith within 60 days from the date of said permit and shall complete said construction hvork within 15 working days, (COMPANY MUST FILL I1). If such construction is not begun by the 60`� day, Company will be required to apply for a new permit. Company declares that prior to filing this application, it has ascertained the location of all existing utilities, both aerial and underground, and the filing of this application is prima facie evidence that the proposed installation will not conflict with any existing utility. A copy of this permit shall be kept at the job site any time work is being performed. It is expressly stipulated that this Permit is a license for permissive use only Hud that the placing of facilities upon public property pursuant to this permit shall not operate to create or vest any property right in said holder. It is understood and agreed that the rights and privileges herein set out are granted only to the extent of the County's right, title and interest in the land to be entered upon and used by the holder and the holder will at all times assume risk of and indemnify, defend and save harmless Brazos County from and against any and all loss, damages, cost or E - Z V_____. Pg, I expense arising in any manner on account of the exercise or attempted exercise by said holder of the aforesaid rights and privileges. Any deviation from these specifications must be approved by Brazos County Engineer's Office or its designated representative. Approval of County Engineer's Office may take as long as two weeks after complete application is received. Applicant agrees to comply with all rules of the County Commissioners and the County Engincer in construction of said installation attached hereto as BRAZOS COUNTY .DESIGN STANDARDS AND SAFETY PRECAUTION RF.,QmRit FOR WORK CONDUCTED W BRAZOS COUNTY RIGHTS OF WAY and incorporated herein for reference. In the event Company fails to obtain a permit prior to the installation or does not install utilities in compliance with installation requirements set forth herein (i.e. depth, location, etc), Company assumes all financial responsibility for (hunages aniUor destruction of lines, cables, etc, based upon its failure to comply with Brazos County requirements. Applicant agrees that if Brazos County dem onstrates a violation of the terms of this policy, Applicant stipulates that requisites for injunctive relief exist and that Brazos County is entitled to relief enjoining any conduct by applicant ]vlrich is contrary to the policies. This permit is a revocable permit. Brazos County reserves the right to revoke this permit at any time, in the sole discretion of Brazos County, for interests of public health, safely or ivefare, or for failure to repair arty rlarrtages upon demand, or for any other reason deemed sufficient by Brazos County. In fire event Company fails to comply with any or all of the requirements as set forth herein, the County may take such action as it deems appropriate fo compel cornplurmce. The County Engineerfurther retains the right to revoke (Iris Permit by verbal nutification io the Applicanl/Cornpa,ty. Fallure to obtain: this permit and/or notify the County Engineer's Office within 24 (tours of beginning construction shall constitute grounds for fob shutdown. By signing below, 1 certify that I am authorized to represent the Company listed below, and iiiat the Company agrees to the conditions/provisions included in this perinit. Wellborn Special Utility District Compan Stepben Cast By: . 'aK�— Signature ` Gene r :tanager Tit(, 0. Sox 250 Address Wellborn, Texas 77881 tl79 -640 --9799 State Zip Phone Number wsud.is @verizon .net /wsud.sc @veriz Email: VOL WATER UTILITY APPROVAL Brazos County offers no objection to the proposed location of the utility in the County right of way as shown by accompanying drawings and notice dated Deeg++gm ( f , Zo I L except as noted below: (Month/DayNear) EXCEPTIONS: Iva gC 1 �40f W ✓�lvt/ P.E. Brazos C �nty Engineer ire Title I Ul rD m r z Q rn V) rn C) F A ' FA z O r m r� rn rn 2 r �o r rn r 7� Q rn tom - I L M b C) {) > F5 o D (n r G� ;) �--��yy O Q Q Q a U5 x= a z m a O 1 � O 0 a = -1 O Q � m m � rn � m 4 t� � a C rn N -�C 0 m / -I 0 z 1 w 0 �t m . tt 3 3 3 Q (o m C n Y 00 > m a Q A:Q -d O-lH `Jl kl 0 rn_ m r- m m 0 �! w �° rT o �l m FIN y m to rt 00 0 °, m rn CD " L M fA µ rt Y m O rD G. PA 11 0 w a Cl m m H x Y z a V 3� 0 s 6 9 t 01 m m �t 0 m Z m 0 -n 0 C 0 v M a R b 0 0 a i 0 5 0 p x O l 73 ;. �� ���,02�,�� 'To 1 V T c BRAZOS COUNTY ROADWAY SAFETY AND ROAD PRESERVATION STANDARDS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY A. General Requirements 1. Adequate drainage sliall be maintained in ditches at all times. 2. Permittce will use best management practices ( "BMP ") (EPA and TCEQ both provide lists of examples of BNiPs) to minimize erosion and sedimentation resulting from the proposed installation. The permittee shall take precautions to avoid damage to property. All County Right of Way and property shal I be restored to its original condition, as far as practical, in the opinion of the County Engineer or appointed representative. 4. The construction and maintenance of such utility shall not interfere with the property or rights of a prior occupant. 5. Permitter shall not interfere with other utilities located in the right of way. in the event damages occur, permittee will be liable to the County or other utilities running through the right of way. 6. County Engineer shall determine whether or not permittcc's plans shall inconvenience the public. If it is determined that inconvenience to the public exists, then the County Engineer will decide whether such project will he allowed or if an alternative exists so as not to inconvenience the public. B. Safety Requirements 1. Proper traffic control measures must be put in place prior to beginning work and remain in place during the duration of the job. Ail traffic control measures must follow the Texas Manual of Uniform Traffic Control Devices CTMUTCD). See Traffic Control Requirements below. . 2. During construction, all safety regulations of the Texas Department of Transportation shall be observed. Permittee must take suelr precautions and measures, including placing and displaying safety devices, as may be necessary, in order to safely conduct the public through the project area. Company shall provide flagmen, signs, signals or devices necessary to provide complete safety to the public. 4. Adequate provisions must be made to cause minitnutn inconveniences to traffic and adjacent property owners. 5. No cable, conduit and/or pole line shall be laid, constructed, maintained and/or repaired so as to constitute a danger or hazard of any kind to persons or vehicles using such road. Any poles placed in the Right of Way for future installation shall be placed at the back of the Right of Way. Exceptions may be approved by the County Engineer. C. 7)-ajftc Control Plan 1. A traffic control plan, pursuant to the TMUTCD or )nginccred Traffic Control Plan must be provided for the following: a. Any construction (i.e. pit, excavation, hole) left open over night, requires specific nighttime traffic control measures pursuant to the TMUTCD; b. If construction is within ten (10) feet of the roadway; or c. Any work performed in the road right -of -way; 2. Plan must be attached to the permit and kept at the job site any time work is being performed. 3, Plan must set forth the time of completion for the job. D. Design Vtandal•ds 1. All overhead installations shall conform to clearance standards of the Texas Department of Transportation and the pole be placed in the designated area for power specified as set forth in the Texas Utilities Code, Seclion 181.045. 2. All pole installation (including lighting) shall be placed at the backside of the Right of Way to ensure safety to the public. Any pole placed in violation of this requirement will be required to be moved to the appropriate location at the company's expense. Exceptions may be approved by the County Engineer. 3. All underground installations shall (these are minimum depths — utility may place deeper): a. be placed at a minimum depth of forty -eight (48) inches below the top of the pavement; b. be at least thirty -six (36) inches below ditch flow line when installation is within the area measured from top of bank to top of bank; c. be at least fo,fy -eight (48) inches below ditch flow line if low pressure gas or petroleum lines. For higli pressure gas and petroleum lines, see High Pressure Pipelines requirements listed below; d. not be closer than ten (10) feet from the edge of pavement. Exceptions may apply in rights of way of less than 60'. 4. Water Lines: All water lines must be a minimum 36- inches below the ditch flow lute and cased. Waterlines shall be cased if crossing under the roadway. 5. Utilities in all new developments that have 60 feet or greater of right of way shall be installed within designated locations based upon the type of utility. The locations shall be as follows: (measured from back of right -of -way). Power — 0 -2 feet, nominally P Phone — 2 -4 feet, nominally 3' Gas — 4 -6 feet, nominally 5' Cable _ 6 -8 feet, nominally 7' 6. Utilities with less than 60 feet right -of -way in all new developments shall install the utility in a similar manner as referenced in No. 3 above, however, the County Engineer or its designated representative will provide final approval of each utility location. 7. The length of any trench to be opened in advance of the pipe, conduit or ducts may not be longer than 400' if left open over night or unattended. Crossings under a county road shall: a. be boned. or jacked. ABSOLUTELY NO OPEN CUTS WITHIN COUNTY ROAD PAVEMENT; b. be pressure grouted for the full length of the crossing if the annular space between pipe and casing and soil exceeds one (1) inch. Brazos County must be given 24 hours notice of pressure grouting operations and have the oppor - ft►nity to have ail inspector on site to observe pressure grouting operations; c. TxDOT Standard Specification Item 476 shall be followed for all boring, jacking, tunneling and joints. 9. Bore kits a, no pits shall remain open longer than 2 days; b. all pits shall have proper traffic control measures ui place. See Traffic Control Plan listed above. c. pits shall NOT be located within ten (10) feet from the edge of pavement without prior approval from the County Engineer or his representative; d. when pits are to remain open for more than 8 hours, due diligence will be used in protecting the spoil pile to prevent drainage problems; `g- e. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity; f based upon soil conditions, the County Engineer or his representative may require pits be placed further from the edge of road. 10. Any installation within ten (10) feet of edge of pavement shall meet the following: a. location must be approved by the County Engineer or his representative b. backfilled with cement stabilized material. c. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity. d. All excess water and mud shall be removed from the trench prior to backtlling. Any baekfill placed during a rainy period or at other times where excess water cannot be prevented from entering the trench will be considered TEMPORARY and shall be replaced with PERMANENT cement stabilized material as soon as weather permits; e. All disturbed base and pavement materials shall be removed and restored to the satisfaction of the County Engineer or his representatives. f. No side or lateral tamping to fill voids under the base and pavement materials is allowed. l 1. Company must be careful to not jeopardize the slope or integrity of the shoulder of the road. In the event Company damages the slope, shoulder or any other portion of the right -of -way, Company will be responsible for repairing the damage and replacing the right -of -way to the condition it was prior to commencing construction. 12. Operation of construction and/or maintenance equipment on the traveled surface of any improved County road will not be permitted, except in an instance whereby the laying, construction, maintenance and /or repair of cables, conduits and/or pole I uses cannot be, accomplished by any other method and in this event all such equipment shall be of the rubber tire variety. Appropriate traffic control shall be provided meeting TMUTCD requirements. 13. In the event said construction and /or maintenance and /o• repair requires Company to remove, cut or jeopardize any section of the road (asphalt, cement, road base, etc), Company will be required to provide a performance bond or letter of credit securing necessary repairs. Said bond amount will be determined by the County Engineer. 14. The applicant shall submit a letter of "No Objection" from the Army Corps of Engineers for all designated wetlands and environmentally sensitive lands. .E. Emergency )York 1. nit the event Company is required to perform emergency services, that requires excavation in a County Right of Way, and unable to notify the County Engineer prior to conducting emergency repairs, Company shall notify County Engineer within 24 hours of beginning constructiou/repairs. This will allow tine County Engineer and Road & Bridge Office an opportunity to inspect the site to ensure the integrity of the County Right of Way and traffic safety controls used. F Repairs to avisting facilities 1. Maintenance and /or repair to existing cables, conduits, and /or pole lines which require disturbance of the soil, shall not be performed until plans describing such maintenance and /or repair have been approved by the County Engineer or designated representative and a permit has been obtained. G. Relocation of utilities: 1. When and if the County Engineer determines that it is necessary for the construction, repair, improvement, alteration or relocation of all or any portion of said road, any or all poles, wires, pipes, cables or other facilities and appurtenances authorized hereunder, shall be removed from said road, or reset or relocated thereon, as required by the County Engineer within a reasonable time as determined by the County Engineer and Utility Company, and at the expense of the Utility Company. - -- A High Pressure Pipelines 1. All utility Pennits for high pressure pipelines (generally 60 PSI or greater), whether pertaining to controlled access or lion- controlled access installations, should contain the following additional information in the description of the permit. - diameter -wall thickness - material specification - minimum yield strength - maximum operation pressure of the pipeline 2. Willi the exception of the maximum operation pressure of (lie pipeline, this information is to be supplied for both the carrier pipe and the casing. 3. Assurance must also be given that the installation material and design meet the tninimunn Federal Safety Standards for Liquid and Gas Pipe Lines. Assurance must be provided on company letterhead and signed by an authorized representative of the company. 4. Petroleum Pipelines: Depth Type of Pipeline (below deepest ditch grade) Special Requirements Encased Pipe Less than 10' Must be covered with concrete pad at least 36 "deep Encased Pipe Greater than 10' 14 concrete pad required Non -Cased Pipe Less than 10' Must be covered with concrete pad at least 48 "deep Non -Cased Pipe Greater than 10' No concrete pad required The Concrete pad shall be minimum of 3" thick and width shall be pipe diameter plus 18" minimum. 5. Under no circumstances will a pipeline be installed parallel to a County Road within the Right -of- Way. Transmission lines have been determined to be petroleum pipelines (which includes natural gas lines) and shall not be parallel to a County Road. 6. Natural Gas Distribution is a line that serves the final customer. r BRAZOS COUN "1'Y, TEXAS BUDGET AiV1ENDl\1ENT(S) FOR THE 2012 -2013 BUDGET YEAR NO. 12/13 12.1 — 12.7 On this the 18th day of December 2012 at a regular meeting of the Commissioners' Court, the following members were present: A. Duane Peters, County Judge, Presiding B. Lloyd Wasserniann, Commissioner, Precinct 1 C. Sammy Catalena, Commissioner, Precinct 2 D. Kenny Mallard Commissioner, Precinct 3 E. Irma Cauley, Commissioner, Precinct 4 F. Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on 18th day of December 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 (lie 18th day of December 2012. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. Duane Peters, County Judge Original: County Clerk's Office and Attached to the original budget Copies: County Auditor County Treasurer County Budget Officer Commissioners' Court Minutes BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12113 - 12.1 12/18/2012 FUNDI DIV I ACCT I PROJ IDPJCRI ACCOUNT NAME Increase Decrease 0100137000100 60500000 1 1 CR E ui ment 25.00 01001370001001 67670000 1 1 DR Printers 25.001 1 CO. Ai?riculture Extension Reallocation of funds to a color printer. HP M55ldn. thru the AeriLife cost share BRAZOS COUNTY, TEXAS REQUEST FOR BUDGET AMENDMENT REQUESTING DEPARTMENT: 37000100 - County Agriculture Extension Total (A) should equal Total (B) Explanation: To reclassify budget to proper accounts. To adjust the balance in our 67670000 account in order to allow the purchase of a cost share color printer,HP M551dn, thru the AgriLife cost share program. ELECTED OFFICIAL OR DEPARTMENT HEAD SIGNATURE e' - S' " z-- DATE 73 ��7 Division Description PLEASE ADJUST THE FOLLOWING: DOLLAR TO AMOUNT ACCOUNT NUMBER ACCOUNT DESCRIPTION 67670000 Printers $ $25.00 $ TOTAL (A) $ $2 5.00 FROM ACCOUNT NUMBER ACCOUNT DESCRIPTION 60500000 Office Equipment $ $25.00 $ $ TOTAL (B) $ $25.00 Total (A) should equal Total (B) Explanation: To reclassify budget to proper accounts. To adjust the balance in our 67670000 account in order to allow the purchase of a cost share color printer,HP M551dn, thru the AgriLife cost share program. ELECTED OFFICIAL OR DEPARTMENT HEAD SIGNATURE e' - S' " z-- DATE 73 ��7 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12113 - 12.2 12/18/2012 FUND DIV I ACCT PROJ OR/CRj ACCOUNT NAME Increase Decrease 0100 280020001 60170000 CR Co ier/Printer /Fax Supplies 1 1,500.00 0100 280020001 71500000 1 DR Rental Equipment 1,500.001 Sheriff - Jail Administration Reallocation of funds to cover for rental fees for remainder of FY 13. Bj�AzoS GQUi rry OIimE4 OF THE iSHI�'RiFF CIIRISi C. KIRK A- lir.itAia, 13. WILSON, CHm. DFmi - \VAN - xs D ICKY, .JAIL AD\n\ISTRATOR To: County judge Duacic Peters Irene Jett, Budget Officer Katie Connor, County Auditor From: Wayne Dicky, Jail Administrator Date: December 6, 2012 Subject: Request for Budget Amendment 1700 I-Im AY 211VF,s-r Bin-,\x, TFxas 77803 -1300 The Brazos County Sheriffs Office- jail Division is requesting a budget amendment to the 2012- 2013 jail Administration Budget, division number 28002000. Decrease Copier /Printing /Fax Supply 460170000 $1.,500.00 Increase Rental- Equipment #71500000 $1,500.00 The purpose of this request is to correct the annual Copier billing from Ricoh for overage charges for the past year on three copiers leased. Narrative: The Sheriffs Office- Jail Division is requesting approval of a budget amendment to move funds from our Copier /Printing account to the Rental Equipmentaccount for the Detention Center. The request amount is based on the invoice dated November 09, 2012 from Ricoh for annual additional images over the minimum amount of 50,000 copies totaling $1,321.84. The additional images were not factored into the budget for our rental equipment. Please contact me if you have any questions. cc: Sheriff Christopher C. Kirk Office (979) 361 -1901 Administration (979) 361 -1992 rtiN (979) 361 -1999 ....... .. ...... 3?, ��✓ BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12113 - 12.3 1 211 81201 2 FUND DIV ACCT PROJ DR1CR ACCOUNT NAME Increase Decrease 4500 63000500 67286000 CR Equipment - Other 1,500.00 4500 63000500 67342000 DR f=urniture 1,500.00 Capital Projects Reallocation of funds to purchase two Blood Draw Chairs for the Brazos County .Ixil. ffiumS GOUTY OFFICE OP THE S l-IERIH CHRISTOPHER G. KIRK A'11CILAEL 13. Wijso \, GniFF DEPuw WAYNT DIC10', JAIL Amuxis1nK,woit To: County judge Duane Peters Irene Jett, Budget Officer Katie Connor, County Auditor Front: Wayne Dicky, Jail Administrator 7 o, W Date: December 7, 2012 Subject: Request for Budget Amendment 17001IIGInvxT 21 NVm BimLN, TE XAS 77803 -1300 The Brazos County Sheriffs Office- jail Division is requesting a budget amendment to the 2012- 2013 Capital Improvement funds. Decrease Equipment- Electronic #67286000 Increase Furniture #67342000 $1,500.00 $1,500.00 The purpose of this request is to move capital Improvement funds which where unexpended from an ECG Medical purchase to Furniture in order to purchase 2 Blood Draw Chairs for the Brazos County Jail. Narrative: The Sheriff's Office- Jail Division is requesting approval of a budget amendment to purchase 2 blood draw chairs. One chair will be located in the Jail Medical office and the second will be placed in Intake to allow the Sheriffs office to begin conducting blood draws from DWI suspects at the request of the County Attorney. Please contact me if you have any questions. cc: Sheriff Christopher C. Kirk Office (979) 361 -1901 4 V Administration (979) 361 -4992 Fax (979) 361-1999 G BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12113 - 12.4 12/1812012 FUNDI DIV I ACCT I PROJ JDR/CRJ ACCOUNT NAME Increase Decrease 0100 11001500 1 61130000 CR Contingency 1,377.00 0100 11002000 1 73320000 1 1 DR lCenlral Appraisal District 1,377.00 (General Fund Contingency and Community Support I I I I Reallocation of funds to pay Brazos County's portion to the Brazos Central Appraisal District. The amount budgeted for FY 13 was based on an estimate of $549,819.00. The Brazos Central Appraisal District finalized their FY 13 budget after Brazos County approved the FY 13 17J rg. SRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12113 - 12.5 12/1812012 FUND DIV ACCT PROJ DRICR ACCOUNT NAME Increase Decrease 4308 63431000 80101003 CR Blda. Renov. - Courthouse 3,157.00 4308 63431000 60360000 DR Furniture (less 5500.00 ) 1,257.00 4308 63431000 67342000 DR Furniture (between $500.00 - 55,000.00) 1,900.00 Jail Inmate Holding Remade] Reallocation of funds to pay purchase furniture for the detention area of the Courthouse for Phase 111. v Vol _ -/ 7 Pg. -� BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12/13 - 12.6 12/18/2012 FUND DIV ACCT PROJI DR1CR ACCOUNT NAME Increase Decrease 2400 2400.5220 67281000 CR Eq Electronic 927.00 2400 24005220 71020000 CR Computer Contracts 915.00 2400 24005220 80720000 DR Security System 1,842.00 i Tech Fund JP #2.2 Reallocation of funds to correct account for the purchase of security cameras. �� r: v24 BRAZOS COUNTY, TEXAS REQUEST FOR BUDGET AMENDMENT REQUESTING DEPARTMENT: 24005220 - JP Technology Fund - JP #2 -2 Division Description PLEASE ADJUST THE FOLLOWING: DOLLAR TO AMOUNT ACCOUNT NUMBER ACCOUNT DESCRIPTION 80720000 Security Sy-stem $ $1,8 42.0 0 $ $ $ $ TOTAL (A) $ S1,842.00 FROM ACCOUNT NUMBER ACCOUNT DESCRIPTION 67281000 Equipment Electronic $ 5927.00 71020000 Computer Contracts $ $915.00 $ TOTAL (B) $ $1,842.00 Total (A) should equal Total (B) Explanation: To reclassify budget to proper accounts. i r` _-- FI�ICIAL OR DEPARTMENT DATE HEAD SIGNATURE i i BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12113 - 12.7 12/18/2012 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 4500 63000500 80286000 CR Equipment - Other 2,725.00 4500 63000500 67286000 DR Equipment - Other 2,725.00 Capital Projects Reallocation of funds to correct account for the purchase of 5 bullet proof vest for the Sheriff Office. /7 ; s REQUISITION NO. 00041002 PAGE NO. 1 EI 1646000RINE H BRAZOS COUNTY SHERIFF'S OFFICE FOX, N LONE STAR UNIFORMS P 1700 HWY 21 WEST D BRYAN, TEXAS 77803 0 PO BOX 692304 R L HOUSTON TX 77269 TO ATTN: HELEN COOK DEPARTMENT PURCHASING 7 COUNTYJUDGE C=410 4L LONE STAR UNIFORMS, INC. 8430 NORTH SAM HOUSTON PARKWAY WEST HOUSTON, TEXAS 77064 (832) 237 -8000 Phone (832) 237 -8008 Facsimile QUOTATION NAME: Brazos County S.O. CONTACT: Jody Aranda ADDRESS: CITY: Bryan STATE: TX ZIP: PHONE: 979 361- 4948 FAX: - Quotation herein contained is guaranteed for ninety days from date unless otherwise stated after which prices are subject to change. This quotation is in answer to your request # ORAL dated and specifications dated the same. Any changes in specifications will necessitate a new quotation. This quotation shall supersede all previous quotations. QUANTITY DESCRIPTION SIZE PRICE EXT, PRICE 5 POINT BLANK HILITE LEVEL 11 W/ ALL 5545.00 $2,725.00 CARRIERS AND SOFT TRAUMA PLATE TXMAS 9 TXMAS -9 -84010 GS- 07F -010V 1 SHIPPING DELIVERY: 30 -40 days F.O.B.: HOUSTON, TX. TERMS: NET 30 DAYS SUBMITTED BY: David Mitrani TITLE: SALES CONSULTANT DATE: 13 December, 2012 MINORITY CERTIFICATION: HUB #2214567940700 1 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12113 - 12.7 12M 8/2012 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 4500 63000500 80286000 CR E ui ment - Other 2,725.00 4500 63000500 67286000 DR Equipment - Other 2,725.00 Capital Projects Reallocation of funds to correct account for the purchase of 5 bullet proof vest for the Sheriff Office. i /�- X73 _ P . aG g -� PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: December 18, 2012 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Change Requests Department Submitting Employee Request Action Requested Request(s) Applies To Building Maintenance Allen, Keith Transfer w /in Dept. Newsome, Tony Resignation MPO Benthul, Bart Budget Change S.O. Admin. Ortega, Gabriel Transfer from Another Dept. S.O. Jail Daily, Abraham Resignation Jones, Cody New Hire Tax Office Davis, Casey Transfer w /in Dept. Glidewell, Lana Budget Change Klintworth, Lisa Reinstated Moore, Tommie Transfer Win Dept. Oliver, Michelle Transfer w /in Dept. White, Regina Transfer w /in Dept. Approved in Commissioners' Court: December 2012: County Judge's or Commissioner's Signature: (This Copy to be attached to minutes)