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HomeMy WebLinkAbout2013-04-23-10:00AM-REGULAR MEETINGBRAZOS COUNTY BRYAN,TEXAS NOTICE OF MEETING AND AGENDA f3 I3 P 4: 53 BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON APRIL 23, 2013 AT 10:00 AM IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVE., SUITE 106, BRYAN, TX 77803 Invocation and Pledge of Allegiance - U.S. and Texas Flag - Chaplain G.H. Jones and Commissioner Mallard Call for Citizen input and/or concerns. Presentation(s) Update from the Bryan - College Station Convention and Visitors Bureau. Consider and take action on agenda Items 4 -15: R I Resolution 13 -006 approving agreement with the Texas Department of Transportation to contribute right of way funds for the improvement of SH 105 at the Brazos River. Consider and take action on the Arbitrage Rebate Compliance Services Authorization Letter Amendment from the PFM Group, the financial advisor of the County. 7. Agreement for Development and Tax Abatement in Reinvestment Zone Number Two (21 for Commercial - Industrial Tax Abatement. g. Award of Contract 2013 -25 Trees. to Brazos Land Design. g. Reguisition #00042340 to Applied Concepts Inc in the amount of $2015,00 for a stalker radar for unit 708 Constable Pct 2. Vol. X18 pg. 10. 12. Tax Refund Applications for the following: • a. Mary F. Batev- overpayment- $95.17 • b. Scott T. Armstron"verpsyment- $160.49 • c. Beard Famlly Partnership - overpayment- $211.20 • d. Stephen Strakeroveroayment- 546.84 13. Budget Amendments. Budget Amendments FY 12/13 29.1 thru 29.5 14. Personnel Change of Status. Personnel Action Forms 15. Payment of Claims 16. Acknowledgement of the Brazos County Emergency Service District 1 Independent Auditors' RepoK and Financial Statements as of September $0, 2012. 17. Acknowledgement of the Brazos Valley Fair & Exposition's Independent Audtors' Report and Financial Statements as of September 30, 2012. 18. Sheriff's report on inmate population. 19. Announcement of interest items and possible future agenda topics. 20. Call for Citizen input and /or concerns. 21. Adjourn. Vol. _l7� Pg. PUBLIC COMMENTS Public Comment during the Commission Meeting may be for all matters, both on and off the agenda, and be limited to four minutes per person. Persons are invited to submit comments in writing on the agenda Items and /or attend and make comment at the Commission meeting. Members of the public are reminded that the Brazos County Commissioners Court Is a Constitutional Court, with both judicial and legislative powers, created under Article V, Section 1 and Section 18 of the Texas Constitution. As a Constitutional Court, the Brazos County Commissioners Court also possesses the power to issue a Contempt of Court Citation under Section 81.024 of the Texas Local Government Code. Accordingly, members of the pudic 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 Courts 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 gander 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 pan 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 Taxes Ave., Suite 106, Bryan, TX 77803 is wheelchair accessible. Handicap panting 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. BRAZOS COUNTY BRYANJEXAS MINUTES April 23, 2013 BRAZOS COUNTY COMMISSIONERS COURT REGULAR MEETING 10 Signature Paae.pdf File Stamped Aaendamdf 0 Sian in sheet.pdf A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Brazos County Commissioners Courtroom in the Administration Building, 200 South Texas Avenue, in Bryan, Brazos County, Texas, beginning at 10:00 a.m. on Tuesday, April 23, 2013 with the following members of the Court present: Duane Peters, County Judge, Absent; Lloyd Wassermann, Commissioner of Precinct 1; Sammy Catalena, Commissioner of Precinct 2; Kenny Mallard, Commissioner of Precinct 3, Presiding; 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 Mallard 2. Call for Citizen input and /or concerns. There was no citizen's input. 3. Presentation(s) Update from the Bryan - College Station Convention and Visitors Bureau. is Item loot The Court next heard a presentation by the Bryan College Station Convention and Visitors Bureau. Shannon Overby, President and Holli Conley were present. Shannon Overby gave an overview of what the Bureau does to promote tourism in Brazos County. Consider and take action on agenda items 4 - 15: 4. Resolution 13 -006 approving agreement with the Texas Department of Transportation to contribute right of way funds for the improvement of SH 105 at the Brazos River. 0 Item 4.odf The County Judge read aloud Resolution 13 -006 in which the County agrees to contribute 10% of the cost of right of way acquisition and adjustment of eligible utilities for the highway project on SH 105 at the Brazos River. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 4 -0. Members voting Aye: Catalena , Cauley, Mallard , Wassermann . Members Absent: Peters . 5. Consider and take action on the Arbitrage Rebate Compliance Services Authorization Letter Amendment from the PFM Group, the financial advisor of the County. 2D Item 5.odf Motion: Approve , Moved by Commissioner Kenny Mallard, Seconded by Commissioner LLoyd Wassermann. Passed. 4 -0. Members voting Aye: Catalena , Cauley, Mallard, Wassermann . Members Absent: Peters. 6. Request approval to wire transfer $17,500 to Texas Health and Human Services Commissioner (HHSC) as part of the Texas Health Care Transformation and Quality Improvement Program 1115 Waiver. This intergovernmental transfer (IGT) will provide matching funds to The College Station Medical Center for indigent health care costs. This project is funded from the Uncompensated Care pool of funds from the 1115 Waiver program. 0 Item 6.odf Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy Catalena. Passed. 4 -0. Members voting Aye: Catalena , Cauley, Mallard , Wassermann . Members Absent: Peters. 7. Agreement for Development and Tax Abatement in Reinvestment Zone Number Two (2) for Commercial - Industrial Tax Abatement. No action was taken at this time. On Wednesday, April 25, 2013 Commissioner Mallard reconvened the meeting of April 23, 2013 and considered item number 7. On motion by Commissioner Mallard, seconded by Commissioner Cauley, the Court voted unanimously to remove this item from the agenda. Motion: Remove, Moved by Commissioner Kenny Mallard, Seconded by Commissioner Irma Cauley. Passed. 4 -0. Members voting Aye: Catalena , Cauley , Mallard , Wassermann . Members Absent: Peters. 8. Award of Contract 2013 -25 Trees, to Brazos Land Design. Item 8.odf A copy of the bid tabulation is attached. Pg. /,3 d Motion: Approve , Moved by Commissioner Kenny Mallard, Seconded by Commissioner Irma Cauley. Passed. 4 -0. Members voting Aye: Catalena, Cauley, Mallard , Wassermann . Members Absent: Peters. 9. Requisition #00042340 to Applied Concepts Inc in the amount of $2015.00 for a stalker radar for unit 708 Constable Pct 2. D Item 9.odf Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 4 -0. Members voting Aye: Catalena, Cauley, Mallard , Wassermann . Members Absent: Peters . 10. Consider and take action on the Final Plat of Williams Creek Subdivision Phase 6, 61.907 Acres, 22 Lots, Nathan Clampitt Survey, A -90 and S.W. Robertson Survey, A- 202, College Station, Brazos County, Texas. This phase is located almost entirely within College Station City Limits. As only a very small portion of the subdivision is located just outside the city limits, College Station has agreed to provide floodplain administration for any diverging strips within the ETJ. Site is located in Precinct 1. 9 Item Modf Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner Irma Cauley. Passed. 4 -0. Members voting Aye: Catalena, Cauley , Mallard , Wassermann . Members Absent: Peters. 11. Consider and take action on the Wickson Creek S.U.D. utility permit to construct 1 112" road bore under Waterway Drive. This project will provide water service to customer at address #6523. Site is located in Precinct 2. 0 Item 11.odf Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 4 -0. Members voting Aye: Catalena, Cauley, Mallard , Wassermann . Members Absent: Peters. 12. Tax Refund Applications for the following: 10 Item 12.odf • a. Mary F. Batey- overpayment - $95.17 • b. Scott T. Armstrong - overpayment - $160.49 • c. Beard Family Partnership- overpayment - $211.20 • d. Stephen Straker - overpayment - $46.84 Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy Catalena. Passed. 4 -0. Members voting Aye: Catalena, Cauley, Mallard, Wassermann . Members Absent: Peters. 13. Budget Amendments. Budget Amendments FY 12/13 29.1 thru 29.5 0 Item 13.odf 29.1 Reallocate funds for Sheriff -Jail Administration 29.2 Transfer funds from Non Departmental to Road & Bridge 29.3 Transfer funds from General Fund Contingency to Constable, Precinct 4 29.4 Transfer funds from General Fund Contingency to Court Support-Civil F017�7_____ Fq ./J/ 29.5 Reallocate funds for Associate Judge #1 Motion: Approve , Moved by Commissioner Kenny Mallard, Seconded by Commissioner Irma Cauley. Passed. 4 -0. Members voting Aye: Catalena , Cauley, Mallard , Wassermann. Members Absent: Peters. 14. Personnel Change of Status. Personnel Action Forms 0 Item 14.)d 9 Item 14 forms.odf A copy of the personnel Change of Status Requests is attached. Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner Lloyd Wassermann. Passed. 4 -0. Members voting Aye: Catalena , Cauley, Mallard , Wassermann . Members Absent: Peters. 15. Payment of Claims. iJ Claims Sheet.odf 0 BILL LIST 04.23.13.odf 7109277 through 7109537 Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner Sammy Catalena. Passed. 4 -0. Members voting Aye: Catalena , Cauley, Mallard, Wassermann . Members Absent: Peters. 16. Acknowledgement of the Brazos County Emergency Service District 1 Independent Auditors' Report and Financial Statements as of September 30, 2012. ;9 Item 16.odf The Court acknowledged receipt of the Brazos County Emergency Service District 1 Independent Auditor's Report and Financial Statements as of September 30, 2012. 17. Acknowledgement of the Brazos Valley Fair &amp; Exposition's Independent Auditors' Report and Financial Statements as of September 30, 2012. 0 Item 17.odf The Court acknowledged receipt of the Brazos Valley Fair & Exposition's Independent Auditor's Report and Financial Statements as of September 30, 2012. 18. Sheriff's report on inmate population. Sheriff Chris Kirk stated there were 619 inmates in jail, 65 have electronic monitors and 18 are pending for monitors. 19. Announcement of interest items and possible future agenda topics. There were no announcements. 20. Call for Citizen input and /or concerns. There was no citizen's input. At 10:29 a.m. Commissioner Mallard recessed the meeting until 10:00 a.m. on April 24, 2013 to re- address item #7. 21 Adjourn. The foregoing minutes of the Commissioners Court meeting held April 23. 2013 have been examined and are approved in open Court this 1` th day of 2013, in Bryan, Brazos County, Texas. Duane Peters Lloyd Wassermann County Judge Commissioner, Precinct 1 Irma Cauley Commissioner, Precinct 4 Attest: Kenny Mall Commissioner, Precinct 3 Vol /19 Page 13 � BRAZOS COUNTY COMAUSSIONERS COURT Meeting on (c71n c C J-3 dv�J� �O l7 ®Q/LL PAGE / of Z BRAZOS COUNTY COMMISSIONERS COURT Meeting on PAGE 2 of Z County Brazos District Bryan ROW CSJ # 0315 -05 -030 CCSJ # 0315 -05 -026 Federal Project #: Federal Highway Administration CFDA # 20.205 Not Research and Development STATE OF TEXAS § COUNTY OF TRAVIS § AGREEMENT TO CONTRIBUTE RIGHT OF WAY FUNDS THIS AGREEMENT is made by and between the State of Texas, acting through the Texas Department of Transportation, called the "State ", and Brazos County, Texas, acting through its duly authorized officials, called the "Local Government." WITNESSETH WHEREAS, Texas Transportation Code §§ 201.103 and 222.052 establish that the State shall design, construct, and operate a system of highways in cooperation with local governments; and WHEREAS, Texas Transportation Code, §§ 201.209 authorizes the State and a Local Government to enter into agreements in accordance with Texas Government Code, Chapter 791; and WHEREAS, the State has deemed it necessary to make certain highway improvements on State Highway No. 105 at the Brazos River, and this section of highway improvements will necessitate the acquisition of certain right of way and the relocating and adjusting of utilities, called the "Project "; and WHEREAS, the Local Government requests that the State assume responsibility for acquisition of all necessary right of way and adjustment of utilities for this highway project; and WHEREAS, the Local Government desires to contribute to the State funding participation as defined in 43 TAC §15.55 for the cost of acquiring the right of way and relocating or adjusting utilities for the proper improvement of the State Highway System; WHEREAS, the Governing Body of the Local Government has approved entering into this agreement by resolution or ordinance dated , 2013, which is attached to and made a part of this agreement as Attachment A. A map showing the Project location appears in Attachment B, which is attached to and made a part of this agreement. NOW THEREFORE, the State and the Local Government do agree as follows: ROW -RM -129 Page 1 of 10 Vol. i, Revised 08/30/2011 P9' /J% 1 County Brazos District Bryan ROW CSJ # 0315 -05 -030 CCSJ # 0315 -05 -026 Federal Project #: Federal Highway Administration CFDA # 20.205 Not Research and Development AGREEMENT 1. Agreement Period This agreement becomes effective when signed by the last party whose signing makes the agreement fully executed. This agreement shall remain in effect until the Project is completed or unless terminated as provided below. Termination This agreement shall remain in effect until the Project is completed and accepted by all parties, unless: A. The agreement is terminated in writing with the mutual consent of the parties; B. The agreement is terminated by one party because of a breach, in which case any cost incurred because of the breach shall be paid by the breaching party; or C. The Project is inactive for thirty -six (36) months or longer and no expenditures have been charged against federal funds, in which case the State "may in its discretion terminate this agreement. 3. Local Project Sources and Uses of Funds A. The total estimated cost'of the Project is.shown in Attachment C, Project Budget Estimate and Payment Schedule, which is attached to and made a part of this agreement. The expected cash contributions from the Federal or State government, the Local Government, or other parties are shown in Attachment C. The Local Government shall contribute to the State the amount shown in Attachment C for its percentage of the total cost of the right of way to be acquired by the State and shall transmit to the State with the return of this agreement, duly executed by the Local Government, a warrant or check for the amount and according to the payment schedule shown in Attachment C. B. In the event that the State determines that additional funding by the Local Government is required at any time during the Project, the State will notify the Local Government in writing. The Local Goverrrnent shall make payment to the State within thirty (30) days from receipt of the State's written notification. C. If the Local Government will perform any work under this contract for which reimbursement will be provided by or through the State, the Local Government must complete training before federal spending authority is obligated. Training is complete when at least one individual who is working actively and directly on the Project successfully completes and receives a certificate for the course entitled Local Government Project Procedures Qualification for the Texas 'Department of Transportation. The Local Government shall provide the certificate of qualification to the State. The individual who receives the training certificate may be an employee of the Local Government or an employee of a firm that has been contracted by the Local Government to perform oversight of the Project. The State in its discretion may deny ROW -RM -129 Page 2 of 10 Revised 08130/2011 _,. .:1 .... Vol. %a Pg. - -_ County Brazos District Bryan ROW CSJ #_g315-05-030 CCSJ # 0315 -05 -026 Federal Project #: Federal Highway Administration CFDA # 20.205 Not Research and Development reimbursement if the Local Government has not designated a qualified individual to oversee the Project. D. The total cost of the right of way acquired by the State shall mean the total value of compensation paid, either through negotiations or eminent domain proceedings, to the owners for their property interests, plus costs related to the relocation, removal, or adjustment of eligible utilities. E. Whenever funds are paid by the Local Government to the State under this agreement, the Local Government shall remit a warrant or check made payable to the "Texas Department of Transportation Trust Fund." The warrant or check shall be deposited by the State in an escrow account to be managed by the State. Funds in the escrow account may only be applied to this highway project. F. Upon completion of the Project, the State will perform an audit of the Project costs. Any funds due by the Local Government or the State will be promptly paid by the owing party. If, after final Project accounting, excess funds remain in the escrow account, those funds may be applied by the State to the Local Government's contractual obligations to the State under another agreement with approval by appropriate personnel of the Local Government. If the Local Government contributes real property under this agreement, this refund provision is subject to the limitation described below in Article 4 (Real Property in Lieu of Monetary Payment). G. The State will not pay interest on any funds provided by the Local Government. H. In the event any existing, future, or proposed Local Government ordinance, commissioner's court order, rule, policy, or other directive, including, but not limited to, outdoor advertising or storm water drainage facility requirements, is more restrictive than State or federal regulations, or any other locally proposed change, including, but not limited to, plats or re- plats, results in any increased costs to the State, then the Local Government will pay one hundred percent (100 %) of all those increased costs, even if the applicable county qualifies as an Economically Disadvantaged County (EDC). The amount of the increased costs associated with the existing, future, or proposed Local Government ordinance, commissioner's court order, rule, policy, or other directive will be determined by the State at its sole discretion. I. If the Local Government is an EDC and if the State has approved adjustments to the standard finanding arrangement, this agreement reflects those adjustments. J. If the Project has been approved for a "fixed price" or an "incremental payment" non- standard funding or payment arrangement under 43 TAC §15.52, the budget in Attachment C will clearly state the amount of the fixed price or the incremental payment schedule. 4. Real Property in Lieu of Monetary Payment A. Contributions of real property may be credited to the Local Government's funding obligation for the cost of right of way to be acquired for this project. Credit for all real property, other than property which is already dedicated or in use as a public road, contributed by the Local Government to the State shall be based on the property's fair ROW -RM -129 I Page 3 of 10 Revised 08/30/2011 -1,17Y -1,17Y f Vol. _/ �I County Brazos District Bryan ROW CSJ # 0315 -05 -030 CCSJ # 0315 -05 -026 Federal Project M Federal Highway Administration CFDA # 20.205 Not Research and Development market value established as of the effective date of this agreement. The fair market value shall not include increases or decreases in value caused by the project and should include the value of the land and improvements being conveyed, excluding any damages to the remainder. The amount of any credit for real property contributed for this project is clearly shown in Attachment C. B. The Local Government will provide to the State all documentation to support the determined fair market value of the donated property. This documentation shall include an appraisal of the property by a licensed appraiser approved by the State. The cost of appraisal will be the responsibility of the State. The State will review the submitted documentation and make a final determination of value; provided however, the State may perform any additional investigation deemed necessary, including supplemental appraisal work by State employees or employment of fee appraisers. C. Credit shall be given only for property transferred at no cost to the State after the effective date of this agreement and the issuance of spending authority, and only for property which is necessary to complete this project, has title acceptable to the State, and is not contaminated with hazardous materials. Credit shall be in lieu of monetary contributions required to be paid to the State for the Local Government's funding share of the right of way to be acquired for this project. The total credit cannot exceed the Local Government's matching share of the right of way obligation under this agreement, and credits cannot be reimbursed in cash to the Local Government, applied to project phases other than right of way, nor used for other projects. D. In the event the Local Government's monetary contributions to the State for acquisition of right of way, when added to its real property credits, exceed the Local Government's matching share of the right of way obligation, there will be no refund to the Local Government of any portion of its contributed money. 5. Amendments Amendments to this agreement due to changes in the character of the work, terms of the agreement, or responsibilities of the parties relating to the Project may be enacted through a mutually agreed upon, written supplemental agreement. 6. Notices All notices to either party by the other required under this agreement shall be delivered personally or sent by certified or U.S. mail, postage prepaid, to the following addresses: ROW -RM -129 Page4 of 10 I Vol. Ng. Revised 08/30/2011 Local Government: Brazos County, Texas 200 S. Texas Ave., Suite 332 Bryan, Texas 77803 County Brazos District Bryan ROW CSJ # 0315 -05 -030 CCSJ # 0315 -05 -026 Federal Project #: Federal Highway Administration CFDA # 20.205 Not Research and Development State: Director of Right of Way Division Texas Department of Transportation 125 E. 11m Street Austin, Texas 78701 All notices shall be deemed given on the date delivered or deposited in the mail, unless otherwise provided by this agreement. Either party may change the above address by sending written notice of the change to the other party. Either party may request in writing that notices shall be delivered personally or by certified U.S.. mail and that request shall be honored and carried out by the other party. 7. Remedies This agreement shall not be considered as specifying'the exclusive remedy for any agreement default, but all remedies existing at law and in equity may be availed of by either party to this agreement and shall be cumulative. 8. Legal Construction If one or more of the provisions contained in this agreement shall for any reason be held invalid, illegal, or unenforceable in any respect, that invalidity, illegality, or unenforceability shall not affect any other provisions and this agreement shall be construed as if it did not contain the invalid, illegal, or unenforceable provision. 9. Responsibilities of the Parties The State and the Local Government agree that neither parry is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds as well as the acts and deeds of its contractors, employees, representatives, and agents. 10. Compliance with Laws The parties shall comply with all federal, state, and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any manner affecting the performance of this agreement. When required, the Local Government shall furnish the State with satisfactory proof of this compliance. Vol. _ _ Pg• 17� .ROW -RM -129 Page'3of ID + Revised 08130/2011 County Brazos District Bryan ROW CSJ # 0315 -05 -030 CCSJ # 0315 -05 -026 Federal Project #: Federal. Highway Administration CFDA # 20.205 Not Research and Development 11. Sole Agreement This agreement constitutes the sole and only agreement between the parties and supersedes any prior understandings or written or oral agreements respecting the subject matter of this agreement. 12. Ownership of Documents Upon completion or termination of this agreement, all documents prepared by the State shall remain the property of the State. All data prepared under this agreement shall be made available to the State without restriction or limitation on their further use. All documents produced or approved or otherwise created by the Local Government shall be transmitted to the State in the form of photocopy reproduction on a monthly basis as required by the State. The originals shall remain the property of the Local Government. At the request of the State, the Local Government shall submit any information required by the State in the format directed. by the State. 13. Inspection of Books and Records The Local Government shall maintain all books, papers, accounting records and other documentation relating to costs incurred under this agreement and shall make such materials available to the State and, if federally funded, the Federal Highway Administration (FHWA) or their duly authorized representatives for review and inspection at its office during the contract period and for four (4) years from the date of completion of work defined under this agreement or until any impending litigation, or claims are resolved. Additionally, the State and FHWA and their duly authorized representatives shall have access to all the governmental records that are directly applicable to this agreement forthe purpose of making audits, examinations, excerpts, and transcriptions. 14. State Auditor The state auditor may conduct an audit or investigation of any entity receiving funds from the State directly under this agreement or indirectly through a subcontract under this agreement. Acceptance of funds directly under this agreement or indirectly through a subcontract under this agreement acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. 15. Procurement and Property Management Standards The parties shall adhere to the procurement standards established in Title 49 CFR §18.36 and with the property management standard established in Title 48 CFR §18.32. ROW - *RM -129 Page 6 of 10 ,/ Revised 08/30/2011 :ta;t< Vol Z2f pg. Z�z V yti: County Brazos District Bryan ROW CSJ # 0315 -05 -030 CCSJ # 0315 -05 -026 Federal Project #: Federal Highway Administration CFDA # 20.205 Not Research and Development 16. Civil Rights Compliance The parties to this agreement shall comply with the regulations of the U.S. Department of Transportation as they relate to nondiscrimination (49 CFR Part 21 and 23 CFR Part 200), and Executive Order 11246 titled "Equal Employment Opportunity," as amended by Executive Order 11375 and supplemented in the Department of Labor Regulations (41 CFR Part 60). 17. Applicability of Federal Provisions Articles 18 through 23 only apply if Federal funding is used in the acquisition of right of way or the adjustment of utilities. 18. Office of Management and Budget (OMB) Cost Principles In order to be reimbursed with federal funds, the parties shall comply with the Cost Principles established in OMB Circular A -87 that specify that all reimbursed costs are allowable, reasonable, and allocable to the Project. 19. Disadvantaged Business Enterprise (DBE) Program Requirements A. The parties shall comply with the DBE Program requirements established in 49 CFR Part 26. B. The Local Government shall adopt, in its totality, the State's federally approved DBE program. C. The Local Government shall set an appropriate DBE goal consistent with the State's DBE guidelines and in consideration of the local market, project size, and nature of the goods or services to be acquired. The Local Government shall have final decision - making authority regarding the DBE goal and shall be responsible for documenting its actions. D. The Local Government shall follow all other parts of the State's DBE program referenced in TxDOT Form 2395, Memorandum of Understanding Regarding the Adoption of the Texas Department of Transportation's Federally - Approved Disadvantaged Business Enterprise by Entity and attachments found at web address http://txdot.gov/business/business outreach/mou.htm. E. The Local Government shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any U.S. Department of Transportation (DOT) - assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Local Government shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non- discrimination in award and administration of DOT - assisted contracts. The State's DBE program, as required by 49 CFR Part 26 and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the Local Government of its failure to carry out its approved program, the State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under ROW -RM -129 P ' o 1n Revised 08/30/2011 Vol,--/ 7t pg. /5�3 County Brazos District Bryan ROW CSJ # 0315 -05 -030 CCSJ # 0315 -05 -026 Federal Project #: Federal Highway Administration CFDA # . 20.205 Not Research and Development 18 USC 1001 and the Program Fraud Civil Remedies Act of 1986 (31 USC 3801 at seq.). F. Each contract the Local Government signs with a contractor (and each subcontract the prime contractor signs with a sub - contractor) must include the following assurance: The contractor, sub- recipient, or sub- contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT - assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this agreement, which may result in the termination of this agreement or such other remedy as the recipient deems appropriate. 20. Debarment Certification The parties are prohibited from making any award at any tier to any party that is debarred or suspended or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549, "Debarment and Suspension." By executing this agreement, the Local Government certifies that it is not currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549 and further certifies that it will not do business with any party that is currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549. The parties to this contract shall require any party to a subcontract or purchase order awarded under this contract to certify its eligibility to receive federal funds and, when requested by the State, to furnish a copy of the certification. 21. Lobbying Certification In executing this agreement, each signatory certifies to the best of that signatory's knowledge and belief, that: A. No federal appropriated funds have been paid or will be paid by or on behalf of the parties to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. B. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, oir an employee of a Member of Congress in connection with federal contracts, grants, loans, or cooperative agreements, the signatory for the Local Government shall complete and submit the Federal Standard Form -LLL, "Disclosure. Form to Report Lobbying," in accordance with its instructions. :ROW-RM -129 Pa — ,` d 08/30/2011 .f• "1Evx:�... �2vyr .. 7V01_. _ County Brazos District _ Bryan ROW CSJ # 0315 -05 -030 CCSJ # 0315 -05 -026 Federal Project #: Federal Highway Administration CFDA # 20.205 Not Research and Development C. The parties shall require that the language of this certification shall be included in the award documents for all sub- awards at all tiers (including subcontracts, sub - grants, and contracts under grants, loans, and cooperative agreements) and all sub - recipients shall certify and disclose accordingly. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Title 31 USC §1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more-than $100,000 for each failure. 22. Federal Funding Accountability and Transparency Act Requirements A. Any recipient of funds under this agreement agrees to comply with the Federal Funding Accountability and Transparency Act and implementing regulations at 2 CFR Part 170, including Appendix A. This agreement is subject to the following award terms: http:/ /edocket access dpo qov /2010/pdf/2010 -22705 pdf and hfti)://edocket.access.qpo.gov/2010/pdf/2010-22706.pd B. The Local Government agrees that it shall: 1. Obtain and provide to the State a Central Contracting Registry (CCR) number (Federal Acquisition Regulation, Part 4, Sub -part 4.1100) if this award provides for more than $25,000 in Federal funding. The CCR number may be obtained by visiting the CCR web -site whose address is: https://www.br)n.gov/ccr/default.aspx; 2. Obtain and provide to the State a Data Universal Numbering System (DUNS) number, a unique nine - character number that allows the Federal government to track the distribution of federal money. The DUNS number may be requested free of charge for all businesses and entities required to do so by visiting the Dun & Bradstreet on- line registration website http: / /fedgov.dnb.com /webform; and 3. Report the total compensation and names of its top five (5) executives to the State if: i. More than 80% of annual gross revenues are from the Federal government, and those revenues are greater than $25,000,000; and ii. The compensation information is not already available through reporting to the U.S. Securities and Exchange Commission. 23. Single Audit Report A. The parties shall comply with the requirements of the Single Audit Act of 1984, P.L. 98- 502, ensuring that the single audit report includes the coverage stipulated in OMB Circular A -133. B. If threshold expenditures of $500,000 or more are met during the Local Government's fiscal year, the Local. Government must submit a Single Audit Report and Management Letter (if applicable) to. TxDOT's Audit Office, 125 E. 11th Street, Austin, TX 78701 or contact TxDOT's Audit Office at htt p: / /www.txdot:gov /contact us /audit.htm. C. If expenditures are less than $500,000 during the Local Government's fiscal year, the Local Government must submit a statement to TxDOT's Audit Office as follows: "We did not meet the $500,000 expenditure threshold and therefore, are not required to have a single audit performed for FY 2012." ROW -RW129 Page 9 of-10 Revised 08/30/2011 Vol. County Brazos District Bryan ROW CSJ # 0315 -05 -030 CCSJ # 0315 -05 -026 Federal Project #: Federal Highway Administration CFDA # 20.205 Not Research and Development D. For each year the project remains open for federal funding expenditures, the Local Government will be responsible for filing a report or statement as described above. The required annual filing shall extend throughout the life of the agreement, unless otherwise amended or the project has been formally closed out and no charges have been incurred within the current fiscal year. 24. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of the entity represented. THIS AGREEMENT IS EXECUTED by the State and the Local Government in duplicate. THE LOCAL GOVERNMENT Signature n Typed or Printed Name Title ��a3-13 Date THE STATE OF TEXAS John P. Campbell, P.E. Director, Right of Way Division Texas Department of Transportation Date ROW -RM -129 Page 10 of 10 _,_. Revised 08/30/2011 pg. /� County Brazos District Bryan ROW CSJ #,0315 -05 -030 CCSJ # 0315 -05 -026 Federal Project #: Federal Highway Administration CFDA # 20.205 Not Research and Development ATTACHMENT A RESOLUTION OR ORDINANCE ROW- RM•129 Page 1 of 1 Attachment A . "" .. 's I Vol. � Pg:�� —Z 1' r�4ir Resolution RESOLUTION No. QMP 9.'a KKc? WHEREAS, the Texas Department of Transportation is requesting Brazos County (County) to enter into a contractual agreement and to pay for ten (10) percent of the cosh of the right of way acquisition and adjustment of eligible utilities for the highway project on SH 105 at the Brazos River; and. WHEREAS, the County desires to voluntarily contribute to the State funds equal to ten (10) percent of the cost of said right of way acquisition and adjustment.of eligible utilities for the proper development and construction of the project; and WHEREAS, .the completion of the improvement to SH 105 is crucial to the enhancement of circulation and safety; and NOW, THEREFORE, BE IT RESOLVED by the Commissioner's Court of Brazos County, Texas, that Brazos County, Texas accepts responsibility for ten (10) percent of the cost of said right of way acquisition and adjustment of eligible utilities which is currently, estimated. at $32,000.00 for the improvement. of.SH 105 at the Brazos River. The Texas Department of Transportation will be responsible for acquiring all property required for the project. Acquisition procedures will be in accordance with policies of the Texas Department of Transportation and with applicable Federal and State laws governing the acquisition policies for acquiring real property. The County Judge' is. hereby authorized to execute an agreement with the Texas Department of Transportation on behalf of Brazos County. This resolution shall be. effective immediately upon adoption. AND APPROVED this J <<� day of n e- r I 2013. ATTEST: vaCen k-GuLe4l ctru -nr-uj Mot, U-0-153WO n Duane Peters; Cou I udge Vol. -- / % P9• /3164?, . ;a d01 County, Brazos District Bryan ROW CSJ # 0315 -05 -030 CCSJ # 0315 -05 =026 Federal Project #: Federal Highway Administration CFDA #. . 20.205 Not Research and Development ATTACHMENT B LOCATION MAP SHOWING PROJECT y IY• , x'. ROW 7RM -129 Page 1 of 1. Attachment_ B Vol. t Q!! i95 RUM aN i�9a+ o :Ld n ao o.nm � oo. 'ONO 41 00 °iwrc ua i zWm< W - a v Ey d N2 ^ N p 2 J r m YLLSLLL IF` 4' OLL O pen il� U ° T.O N N n hO H W N' ry N O' i Oi Oi O O > r N. Vl O O W Y1n1A %W mm NN y, O 27 Ff Q x 00 � dl OO O�< 2 y�jLL � O c w -O N O ZlF O f.m Lu ~ ON p p V UN VH r,i a =2 zz z .i. ~ 60 a O J ¢u0 NU QO Q. l/1 LLh ca n OULL < T to F a i °iI� ai LL J W u °w Q Z a u Q J a V 3= S� 58 5 a8 9 -4' J. J1544 :. _ 3. 3g All tl 3 de z d p1p93y. §y 88P �y b.M1 B�C$ 8 4 b tr� s-g878Y "'S SE83E §8 4 W tl =g YYY.. - xx °x..���ed�asaabsbsea�o�x5:o3b3 0 ` _ d ee de is s Si�ti a s e c e a 'e i j= Voi. X70 _ Pg.�.� 4.. S; i a a a � 8 3 9 9 a yy� Voi. X70 _ Pg.�.� 4.. S; i County Brazos District Bryan, ROW CSJ, # 0315 -05 -030 CCSJ # 0315 -05 -026 Federal Project #: Federal Highway Administration CFDA # 20.205 Not Research and Development ATTACHMENT C PROJECT BUDGET ESTIMATE AND PAYMENT SCHEDULE ROW -RM -129 Page 1 of 1 Attachment C Standard Agreement to Contribute State Performs Work Attachment C Description Total, Estimated. Gost tat e " Partici"atioh Local'., Participation %' Cost'„ /o "; -Cost_ Right of Way Acquisition $220,000 90% $198,000 10% $22,000 Reimbursable Utility Adjustments $100,000 90% $90,000 10% $10,Ooo Joint Bid Reimbursable Utility Adjustments TOTAL., $320 000':' 0 %' $288',000. 10 % $32,000' , This is an estimate. The final amount of Local Government participation will be based on actual costs. U:\MSOFFICE \MSWORD \LPA Contracts & Resolutions\Attachment C - Standard Funding Schedule - State Performs Work.SH 105.Washington.doc Rev. 02/02/2012 FVOI ��Y/ Pg.i--51�— { a PFM' y The PFM Group Public Financial Management, Inc. PFM Asset Management LLC PFM Advisors April 3, 2013 Ms. Katie Conner County Auditor Brazos County 300 East 26th Street, Suite 114 Bryan, TX 77803 One Keystone Plea 717 232 -2723 Suite 300 71723M73.1ax N. FMM & Merkel Streete vnw.pbn.com Nartlaburg, PA 17101 -2044 Re: Arbitrage Rebate. Compliance Services Authorization Letter Amendment $55,000,000 Limited Tax Bonds, Series 2008 $12,000,000 Certificates of Obligation, Series 2009 and $7,365,000 Limited Tax Refunding Bonds, Series 2009 $9,700,000 Certificates of Obligation, Series 2012 and $14,640,000 Limited Tax Refunding Bonds, Series 2012 Dear Ms. Conner: This letter confirms that PFM Asset Management LLC ("PFMAM") is hereby authorized to add the above - referenced bond issues (the. "Bonds ") to Exhibit A of the Arbitrage Rebate Compliance Services Authorization Letter (the "Engagement Letter ") dated February 9, 2006, between PFMAM and the County. PFMAM will prepare five -year and final arbitrage rebate calculations for the Bonds for a fee of $3,500 per issue, per report. If this engagement letter is satisfactory, please have an authorized official acknowledge below and return one copy to the undersigned. Accepted: By: Title: llnev 46-cl j` Date: Y-,� .3-) in Sincerely, PFM Asset Management LLC David Reeser Managing Director .tl i r The PPM Group P"PIi, I'inyu:ml lAana96nq•.n kn, PPFA A"het b rI P144 Ail1•lawn One Keystone Plaza 717 232 -2723 Suite 300 717 233-0073 fm N. Front & Markel Streak w .Plrrxw thrdobup. PA 17101.2044 ARBITRAGE REBATE COMPLIANCE SERVICES AUTHORIZATION LE'17ER February 9, 2006 Ms. Katie Conner County Auditor Brazos County 300 East 2614 Street, Suite 114 Bryan, TX 77803 Re: Arbitrage Rebate Compliance Services Dear Ms. Conner: This letter confirms the engagement of PFM Asset Management LLC ( "PFM ") by Brazos County, Texas (the 'Issuer ") for the purpose of performing calculations relating to the rebate requirements contained in Section 148(f) of the Internal Revenue Code of 1986 (the "Code "). The calculations are to be performed with respect to the debt obligations listed on Exhibit A hereto (the "Bonds "), applying applicable federal tax rules. The Issuer acknowledges that it is engaging PFM hereunder in connection with the performance by PFM of only those services specifically set forth below. PFM will calculate the amount of rebate liability with respect to the Bonds as of the end of each bond year (or other appropriate period) and as of the final maturity or redemption of the Bonds (each such date herein referred to as a "Calculation Date ") applying regulations of the United States Department of the Treasury in effect on such Calculation Date. PFM will provide the following services W calculation of the amount of rebate liability with respect to the Bonds as of each Calculation Date, and (ii) delivery of schedules reflecting such rebate liability calculation and the assumptions involved. The Issuer undertakes to provide or cause to be provided to PFM all relevant data, as requested from time to time, with respect to each Calculation Date within 15 days afler such date and the Issuer agrees to cooperate with all reasonable requests in connection herewith. This information will be necessary to identify the amount of "gross proceeds" (as that term is used in the Code) of the Bonds subject to the rebate requirement, investment income thereon and applicable yields on the Bonds and on such investments in order to calculate the rebate liability of the Issuer with respect to the Bonds as of the Calculation Date. PFM is not being engaged to duplicate work performed by the prior Rebate Calculation Agent, if any, independently determine whether there were "prohibited payments" or "imputed receipts" within the meaning of Treasury Regulations or to perform an audit or review of the investments acquired with gross proceeds or the payment of debt service on the Bonds, and PFM will be entitled to rely entirely on information provided by the Issuer without independent verification. PFM is also not being engaged to audit or review the tax exempt status of interest on the Bonds or any other aspect of the Bond program except for the rebate liability to the extent set forth in this engagement letter, and shall be under no obligation to consider any information obtained by them pursuant to this engagement for any purpose .other than determining such rebate liability. PFM shall not have any obligation to update any report delivered hereunder because of events occurring, changes in regulations, or data or information received, subsequent to the date of delivery of such report. The fees payable to PFM with respect to the Bonds are as determined pursututt to Exhibit B hereto. Calculation Date fees are due upon delivery of each calculation. This engagement is terminable in its entirety by either party hereto upon thirty (30) days' written notice to the other party. If PFM terminates the engagement prior to the initial Calculation there under, the initial set -up fee (if previously paid) shall be refunded to the Issuer. PFM is being retained hereunder only to perform the services specified above. However, the Issuer may request PPM to advise the Issuer on matters not covered by such services. Should PFM undertake to provide such advice they will only do so only if specifically requested in writing by the Issuer for a separate fee based on a separate agreement. PFM may rely upon the advice of counsel, who may be counsel to the Issuer, and upon statements of accountants, brokers and other persons believed by it in good faith to be experts in the matters upon which they are consulted. The Issuer agrees to indemnify, defend, and hold harmless PFM and its officers, directors, employees, agents, successors, and assigns from any and all losses, liabilities, damages and claims, and all related costs and expenses, including attorneys' fees and costs of investigation, litigation, settlement, judgment, interest and penalties arising from or in connection with any claim made against PFM in connection with its performance of the services to be provided by it pursuant hereto, unless arising primarily from PFM's negligence or willful misconduct. Additional Issues may be added, from time to time, to Schedule A hereto by written notice from the Issuer to PFM, and the fee schedule on Exhibit D shall apply unless other fees are agreed to in writing. If this engagement letter is satisfactory, please have an authorized official acknowledge below and return one copy to the undersigned. Very truly yours, PPM Asset Management LLC Marty Margolis Managing Director Accepted: Brazos Couniv. TX Lid l.I'A! EXHaT A Description 1. $1,000,000 Public Properly Finance Contractual Obligations, Series 2001 2. $8,000,000 General Obligation Improvement Bonds, Series 2001 3. $2,995,000 Certificates of Obligation, Series 2002 4. $10,000,000 Certificates of Obligation, Series 2003 5. $5,000,000 Certificates of Obligation, Series 2004 6. $10,500,000 Limited Tax General Obligation Bonds, Series 2005 7. $2,750,000 Certificates of Obligation, Series 2005 8. $6,005,000 Limited Tax Refunding Bonds, Series 2005 A � Exhibit B ARBITRAGE REO ATE COMPLIANCE ESERV ICES FEE SCHEDULE Bond Issue Initial Report Fee Additional Report Fee as needed and appropriate) $1,000,000 Public Property $3,500 $1,500 Finance Contractual Obligations, Series 2001 (5 -year report) $8,000,000 General Obligation $3,500 $1,500 Improvement Bonds, Series 2001 (5-yew report) $2,995,000 Certificates of $2,000 $1,500 Obligation, Series 2002 (5-year report, if needed $10,000,000 Certificates of $3,000 $2,000 Obligation, Series 2003 (3-year report) $5,000,000 Certificates of $3,000 $2,000 Obligation, Series 2004 3- ear report) $10,500,000 Limited Tax General $2,500 $2,000 Obligation Bonds, Series 2005 1- ear report) $2,750,000 Certificates of $2,500 $2,000 Obligation, Series 2005 1- earreport) $6,005,000 Limited Tax $2,000 $1,500 Refunding Bonds, Series 2005 5-year report) V-,i 17 9 Pg.-Z�-�% March 1, 2006 TO: FROM: RE: Office of the Brazos County Auditor Brazos County Courthouse 300 East 26" Street, Suite 314 Bryan, Texas 77803 (979)361.4350 Fax (979) 361 -4347 Email: kconner@co.brazos.tx.us Hon. Randy Sims, County Judge Katie Conner, County Auditor Arbitrage Calculations for Debt Issued since 2001 Section 148(f) of the Internal Revenue Code requires that Brazos County determine if an arbitrage rebate is due to the IRS for any interest earned on the investment of bond proceeds. The complicated extensive calculations required to make this determination are best done by a professional with experience. Neither I nor anyone on my staff has this experience or knowledge. Therefore, it is requested that Brazos County contract with Public Financial Management for these services. I believe that due to the specialized task the firm would perform that PFM qualifies as a professional service and therefore is exempt from `bidding" requirements. Attached is an "Arbitrage Rebate Compliance Services Authorization Letter" which PFM has prepared and sent to me as the proposed contract for arbitrage services. I have forwarded this to Rod Anderson for review. PFM has estimated the fees for these services for all debt issues for which calculations have not been made to be about $22,000. As you may remember I questioned our need for arbitrage calculations during the 05 -06 budget process but due to other budget and debt issues and the probability that Brazos County will not face an arbitrage rebate refund due to the low interest rates on investments for the last several years funds were not set aside in the 05- 06 budget. Therefore, I am also respectfully requesting that Commissioners allocate $22,000 from Contingency funds for this contract. Due to the potential for large penalties and interest assessments from the IRS if a rebate is due and not calculated or paid I feel that the $22,000 will be money well spent. Please review this issue and if you feel warranted please place the contract on the Commissioner's Court agenda for discussion and possible approval. If you have any questions, please feel free to contact me at ext. 4359. Thank you. 17S /_T m •� Y .. .. E A °o 5 e L $. L Qa y._ T e.: a Y O. 1. �i N i f�1 H w N 'O " 'y r. 00 O r P e0 •'1 n W O ,c., O P �O W a (� Z � H M N N N ry N N N ry Z � o. a N ° N 7 O W T T U F' I (� •h za Op enN U 9 O 5 �.% m •� u 9 x 3 u a = m .Y. > ttl 3 y 0 Z a • �iI 6 — r m e �o n m P ° •• ry {� O 17S /_T EXHIBIT "A" 2013 -25 Trees Solicitation of Quotes Fill out "Solicitation of Quotes" form and hand deliver or mail to the Brazos County Purchasing Department 200 South Texas Ave. Suite 352; Bryan, TX 77803 in a sealed envelope clearly marked "SOQ 2013 -25, Trees ". Include the signed Contract and a copy of the required insurance with the submission of quotes. Quotes must be received by the not be considered. Pricing proposals or SOQ's delivered to any other person or department other than previously specified, will not be considered responsive. Brazos County is soliciting quotations for the purchase of trees for the Brazos Center Landscaping Team. There are several different types of trees that Brazos County will use throughout the year on several different properties. Quotes submitted for SOQ 2013 -25 shall be good for one (1) year starting April 10's, 2013 through April 90', 2014 with the option to renew three (3) one (1) year periods. Brazos County will not be held to any minimum or maximum quantities of trees or orders placed throughout the term of this contract. Quantity of trees to be purchased is unknown and depends on projects, weather, funding, etc. SPECIFICATIONS Below is a list of the most commonly used trees that the landscaping team may order during the term of this contract. Crepe Myrtles —Multi Trunk Live Oaks Bald Cypress Cedar Elm Red Oak Water Oak Cleveland/ Bradford Pear Wax Myrtles — Multi Trunk V itex — Multi Trunk Bur Oak Chinese Pistache Red Bud DELIVERY OF TREES Awarded vendor /s will deliver the trees to the Brazos Center at 3232 Briarcrest Drive Bryan, Texas 77802 or any other location within Brazos County if requested by the Landscaping Team. The Landscaping Team may choose to pick up tree orders from the vendors location. Vendor will be notified when order is placed if the Landscaping Team will be picking up order or if delivery is required. Vendor must sign and agree to all terms and conditions of Brazos County Service Contract (SOQ 2013 -25) or quote will not be considered. Successful Bidder must provide evidence of Workman's Comp, General Liability and Automobile Insurance prior to award. Exhibit A Page 1 of 3 11-7— Pg. zg�e__. Quotations should reflect a cost per each for the type of tree that corresponds with each item number listed below. Quotations should include cost for delivery. If delivery is left blank it will be assumed that there is no charge for delivery. Fill out "Solicitation of Quotes" form and hand deliver or mail to the Brazos County Purchasing Department 200 South Texas Ave Suite 352; Bryan, TX 77803 in a sealed envelope clearly marked "SOQ 2013 -25, Trees ". Include the signed Contract and a copy of the required insurance with the submission of quotes. Quot_es_ received by the not be considered: Pricing proposals or SOQ's delivered to any other person or department other than previously specified, will not be considered responsive. For any questions pertaining to the contract or items listed, please contact Gail Davis (Buyer) at 979- 3614291or email at 4davisi The undersigned affirms that they are duly authorized to execute this contract, that this bid has not been prepared in collusion with any other bidder, and that the contents of this bid have not been communicated to any other bidder prior to the official opening of this bid. Furthermore, the bidder affirms that they are willing and capable of performing the services entailed in this bid or providing the goods described in this bid, and agrees to do so for the term of this contract. The bidder also agrees to all of the terms and a condition contained in this document and agrees to be held to them for the term of this contract. Name of Company: P zDs L a1 D D�S�I� Tax rD #:.45 Address: _/?S Emil: 1 Telephone No.: Printed Name: At Signature of Authorized -Yom ®033 Date Exhibit A Page 3 of 3 �j=J6- TREES ANNUAL. CONTRACT BRAZOS COUNTY PURCHASING DEPT. Brazos County Courthouse 200 S. Texas. Ave., Ste. 352 SOQ Request No. 2013 -25 Bryan, Texas 77803 Page 1 of 7 Pages Telephone (979) 3614294 GENERALREOUIREMENT FOR CONTRACT �s a duly authorized representative of �h L.5 '�y/ . Contractor willing attest to perform (or deliver) as per Exhibit "A° for Brazos County. I further agree. to all of the provisions and specifications contained in this contract. ASSIGNMENT The successful offeror may not assign, sell or otherwise transfer this contract without written permission of Brazos. County Commissioners Court. Should there be a change in ownership or management; the contract shall be terminated unless a mutual agreement is reached with the new owner or manager to continue the contract with its present provisions and prices. AWARD Brazos County reserves the right to award this contract on the basis of LOWEST AND BEST OFFER in accordance with the laws of the State of Texas, to waive any formality or irregularity, to make awards to more than one offeror, to reject any or all bids. CONTRACT OBLIGATION Brazos County Commissioners Court must award the contract and Brazos County Judge or other person authorized by Brazos County Commissioners Court must sign the contract before it becomes binding on Brazos County or the offerors. Department heads are NOT authorized to sign agreements for Brazos County. Binding agreements shall remain in effect until all products and/or services covered by this purchase have been satisfactorily delivered and accepted. QUANTITIES The quantities specified in this agreement are estimates only. Brazos County does not guarantee to purchase any minimum quantities or services other than those listed on a purchase order. CONTRACT RENEWALS Renewals may be made ONLY by written agreement between Brazos County and the offeror. Any and all price escalations shall not be accepted and shall be considered a non - response. r SOQ Continuation Sheet BRAZOS COUNTY, TEXAS SOQ Request No. 2013-25 Page 1 of 7 Pages HOLD HARMLESS AGREEMENT Contractor, the successful offeror, shall indemnify and hold Brazos County harmless from all claims for personal injury, death and/or property damage resulting directly or indirectly from contractor's performance. Contractor shall procure and maintain, with respect to the subject matter of this bid, appropriate insurance coverage including, as a minimum, public liability and property damage with adequate limits to cover contractor's liability as may arise directly or indirectly from work performed under terms of this bid. Certification of such coverage must be provided to Brazos County upon request. INSPECTIONS & TESTING Acceptance of merchandise, work, and/or equipment provided shall be made by Brazos County at the sole discretion of the Commissioners Court when all temts 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. ADDITION/MODIFICATION OF LOCATIONS OR SERVICES Brazos County reserves the right to add locations as these additional locations may be required. Locations to be added may include, but not limited to, expansions or additions to existing facilities and acquisition or construction of new properties. In the event that Brazos County makes significant structural changes to an existing facility that impacts the contractor's cost in providing the services anticipated by this contract such change may be treated as a new facility and the procedures provided for in this section may be followed in determining an appropriate price. In the event Brazos County wishes to add other locations to a group under the Contract, a quotation will be solicited from the incumbent contractor in good standing for the group in which the new location is appropriately situated. In the event Brazos County shall sell, vacate, abandon, or otherwise dispose or terminate a location to which the contract applies, all existing contracts or agreements or ,services applicable to such location, the portion of this contract that applies to such locations is terminated. All remaining portions of the contract will remain intact. Brazos County will endeavor to give the Contractor written notice of such termination of locations a minimum of thirty (30) days in advance. INVOICES & PAYMENTS Payments to Contractors will not be made if the Contractor cannot produce a Brazos County Purchase Order. Offerors shall submit an original invoice on each purchase order or purchase release after each delivery, indicating the purchase order number. Invoices must be itemized. Any invoice, which cannot be verified by the contract price and/or is otherwise incorrect, shall be corrected by the Contractor. When multiple deliveries and/or services are required, the offeror may invoice following each delivery or performance of service and Brazos County will pay on invoice with in thirty (30) days upon receipt of invoice. Contracts providing for a monthly charge will be billed and paid on a monthly basis only. The Contractor will provide an invoice for each month in which Brazos County is responsible for payment, during the duration of the contract. Prior to any and all payments made for goods and/or services provided under this contract, the offeror should provide his Taxpayer Identification Number or social security number as applicable. This information must be on file with Brazos County Auditor's office. Failure to provide this information may result in a delay in payment and/or back -up withholding as required by the Internal Revenue Service. i PSI. SOQ Continuation Sheet BRAZOS COUNTY, TEXAS SOQ Request No. 2013 -25 Page 3 of 7 Pages PRICING Prices for all goods and/or services shall be firm for the duration of this contract and shall be stated on the Pricing/Delivery Information form. Prices shall be all inclusive: No price changes, additions, or subsequent qualifications will be honored during the course of the contract. All prices must be written in ink or typewritten. Pricing on all transportation, freight, drayage and other charges are to be prepaid by the contractor and included in the bid prices. If there are any additional charges of any kind', other than those mentioned above, specified or unspecified, offeror MUST indicate the items required and attendant costs or forfeit the right to payment for such items. Where unit pricing and extended pricing differ, unit pricing prevails. TAXES Brazos County is exempt from all federal excise, state and local taxes unless otherwise stated in this document. Brazos County claims exemption from all sales and/or use taxes under Texas Tax Code §151.309, as amended. Texas Limited Sales Tax Exemption Certificates will be furnished upon written request to Brazos County Purchasing Agent. GOVERNING FORMS In the event of any conflict between the terms and provisions of these requirements and the specifications, the specifications shall govern. In the event of any conflict of interpretation of any part of this overall document, Brazos County's interpretation shall govern. In the event of a conflict between the terns, conditions, provisions, and specifications of this document and any other terms, conditions, provisions; and specifications provided by the Contractor; the terms of this document shall supersede. GOVERNING LAW This bid solicitation is governed by the competitive bidding requirements of Brazos County Purchasing Act, Texas Local Government Code, §262.021 et seq., as amended. Offerors shall comply with all applicable federal, state and local laws and regulations. Offeror is further advised that these requirements shall be fully governed by the laws of the State of Texas and that Brazos County may request and rely on advice, decisions and opinions of the Attorney General of Texas and Brazos County Attorney concerning and portion of these requirements. DISQUALIFICATION OF OFFEROR Upon signing this bid document, an offeror offering to sell supplies, materials, services, or equipment to Brazos County certifies that the offeror has not violated the antitrust laws of this state codified in Texas Business and Commerce Code §15:01, et seq., as amended, or. the federal antitrust laws, and has not communicated directly or indirectly the bid made to any competitor or any other person engaged in such line of business. Any or all bids may be rejected if Brazos County believes that collusion exists among the offerors. Bids in which the prices are obviously unbalanced may be rejected. If multiple bids are submitted by an offeror and after the bids are opened, one of the bids is withdrawn; the result will be that all of the bids submitted by that offeror will be withdrawn; however, nothing herein prohibits a Contractor from submitting multiple bids for different products or services. Vol. �, 13 Pg. /6J`� SOQ Continuation Sheet SOQ Request No. 2013 -25 BRAZOS COUNTY, TEXAS Page 4 or 7 Pages SEVERABILITY If any section, subsection, paragraph, sentence, clause, phrase or word of these requirements or the specifications shall be held invalid, such holding shall not affect the remaining portions of these requirements and the specifications and it is hereby declared that such remaining portions would have been included in these requirements and the specifications as though the invalid portion had been omitted. SILENCE OF SPECIFICATIONS The apparent silence of specifications as to any detail, or the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practice is to prevail and that only material and workmanship of the finest quality are to be used. All interpretations of specifications shall be made on the basis of this statement. The items fumished under this contract shall be new, unused of the latest product in production to commercial trade and shall be of the highest quality as to materials used and workmanship. Manufacturer furnishing these items shall be experienced in design and construction of such items and shall be an established supplier of the item bid. TERMINATION Brazos County reserves the right to terminate the contract for default if offeror breaches any of the terms therein, including warranties of offeror or if the offeror becomes insolvent or commits acts of bankruptcy. Such right of termination is in addition to and not in lieu of any other remedies which Brazos County may have in law or equity. Default may be construed as, but not limited to, failure to deliver the proper goods and/or services within the proper amount of time, and/or to properly perform any and all services required to Brazos County's satisfaction and/or to meet all other obligations and requirements. Brazos County may terminate the contract without cause upon thirty (30) days written notice. POLICY REQUIREMENTS FOR CERTIFICATE OF INSURANCE CONTRACTOR'S INSURANCE The Contractor /Contractor, before starting work for Brazos County, must famish Brazos County a Certificate of Insurance or other acceptable evidence from a reputable insurance company or companies with an A.M. Best Rating of AA® (such companies to be acceptable to Brazos County) licensed to write insurance in the state of Texas, showing that the Contract is covered by the insurance as follows: (1) Statutory Workers Compensation Insurance with Employers Liability Insurance in the amount of 1 0$ , 00.000. In the event any work is sublet, the Contractor shall require the subcontractor similarly to provide the same coverage and shall himself acquire evidence of such coverage on behalf of the subcontractor. (TLC Sec. 401.011) (2) Commercial General Liability Insurance with a $ 1,000,000 Combined Single Limit. The policy shall be on the Comprehensive General Liability 1986/90 occurrence form, and shall include coverage for acts of independent contractors, and shall name Brazos County as an additional insured. Waiver of subrogation is required. No claims made policies are acceptable without prior approval by the Commissioners Court/Risk Management. Vol. _/ 7 &q p3. _fa SOQ Continuation Sheet BRAZOS COUNTY, TEXAS (3) Automobile Public Liability Insurance propelled vehicles used in connection Waiver of subrogation is required. SOQ Request No. 201125 Page 5 of 7 Pages with a $ 500,000 Combined Single Limit, in all self - with the contract, whether owned, non -owned or hived. The Certificate of Insurance furnished to Brazos County shall contain a provision that coverage under such policies shall not be canceled or materially changed until at least 30 days prior written notice has been given to Brazos County LIMITATIONS The parties are aware that there are constitutional and statutory limitations on the authority of Brazos County to enter into certain terms and conditions of the Agreement, including, but not limited to, authorizations of the placement of liens on Brazos 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 for acts or omissions of third parties; payment of attorneys' fees; dispute resolution; indemnities; and confidentiality (collectively, the "Limitations "). Any Agreement terms and conditions related to the Limitations will not be binding on Brazos County except to the extent authorized by the laws and Constitution of the State of Texas. COVERAGES/WAGES Nothing in this Agreement shall be construed as making Brazos County responsible for the payment of compensation and/or any benefits for Contractor including health, property, motor vehicle, workers' compensation, disability, death, and dismemberment insurance for the Contractor's employees and/or equipment. Nothing in the Agreement shall be construed as making Brazos County responsible for wages, materials, logistical support, equipment, and related travel expenses incurred by the Contractor. SOVEREIGN IMMUNITY The parties understand that Brazos 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, Brazos 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 Brazos County does not assume civil liability under any theory of law for the actions of the Contractor in providing services hereunder. NOTICES Notices shall be mailed to the addresses designated herein or as may be designated in writing by the parties from time to time and shall be deemed received when sent postage prepaid U.S. Mail to the following addresses: BRAZOS COUNTY: Brazos County, Texas Duane Peters, Brazos County Judge 200 South Texas Avenue, Suite 332 Bryan, Texas 77803 1.- Fol Pg.__�6 7 SOQ Continuation Sheet BRAZOS COUNTY, TEXAS CONTRACTOR: Sales Contact Name: Phone Number: SOQ Request No. 2013 -25 Page 6 of 7 Pages Billing Info: ASSIGNABILITY This agreement may not be assigned without the prior written permission of Brazos County. FISCAL FUNDING CLAUSE Notwithstanding any provisions contained herein, the obligations of Brazos County are expressly contingent upon the availability of funding for the obligations contained herein for the term of the Agreement and any extensions thereto. WAIVERS No waiver by either party hereto of any term or condition of this Agreement shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. ENTIRE AGREEMENT This Agreement represents the. entire and integrated agreement between Brazos County and the Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement may only be amended by written instrument approved and executed by the parties. AVAILABILITY AND RETENTION OF RECORDS All records relating to. the service provided under this contract and supporting documentation for invoices submitted to Brazos County by the Contractor shall be retained and made available by the Contractor for audit by Brazos County, it 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 Contractor and made available for any time period required by state or federal law. If cliarges occur in the governing state or federal law, regarding retention records, Contractor shall comply with such changes. If an audit is initiated before the expiration of such time periods required by state or federal law regarding retention of records, the Contractor ,shall retain such records until the audit is concluded and all issues resolved. Contractor shall provide Brazos County with copies of such audits that be conducted with respect to the contract. AUDIT RESPONSIBILTY The Contractor 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 contract. The Contractor shall repay to Brazos County the full amount received for duplicate billings, erroneous billings, false or deceptive claims. The Contractor recognizes and agrees that Brazos County may withhold any money due and recover through any appropriate method any money erroneously paid under this contract if evidence exists of less than full compliance with this contract. SOQ Continuation Sheet BRAZOS COUNTY, TEXAS SOQ Request No. 2013-25 Page 7 of Pages INDEMNIFICATION The Contractor shall defend, indemnify and save harmless Brazos County and all its officers, agents, and employees from all suits, actions, or claims of any character, name and description including attorney's fees expenses brought fbP or on account of any injuries or damages received or sustained by any person or persons or property, by or from the said Contractor or his employees or by ovin consequence of any negligence in safeguarding the work, or through the use of unacceptable materials in construction of the work, or by or on account of any'act of omission, the Worker Compensation Law or any other law, ordinance, order or decree, and so much of the money due the said Contractor under and by virtue of his contract as shall be considered necessary by Brazos County may be retained for the use of Brazos County, or in case no money is due, his sureties shall be held until suitor suits, action or actions, claim or claims for injury or damages as aforesaid shall have been settled and satisfactory evidence to that effect furnished Brazos County. Contractor shall defend, indemnify and save harmless Brazos County, its officers, agents and employees in accordance with this indemnification clause regardless of whether the injury or damage is caused in part by Brazos County, its officers, agents or employees. The undersigned affirms that they are duly authorized to execute this contract, that this proposal has not been prepared in collusion with any. other Proposer, and that the contents of this proposal have not been communicated to any other Proposer prior to the official opening of this proposal. The signatory also agrees to all prov Signed By: —� Typed Name: Company Name: Email Address: Mailing Address: P. b. Box or Title — Zg,�J Phone No. City ` / State Employer, Identification Number: :: Social Security Number: & Approved by Commissioner's Court on this a3r� day of l /�.. 2013 byI �>LJ� holding the position of -3YaZ!5 7�, RDA71 ANn ACORD,. CERTIFICATE OF-LIABILITY INSURANCE ,DATE (MWDa1YM) 1 410212013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON. THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUINGINSURER(S). AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endowed. If SUBROGATION IS WAIVED, subject to the terns and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER W. E. Gibson Agency, Inc. 329 E. Washington P. O. Box 72 Navasota, TX 77868 NAME: Vicky DeLeon PHONE 936 825.6565 AIG N °; 936 825 -8135 MID xo Ea vicky gibson.com ws - s APn:e nING ccvss uoE "Co INSURER A; Markel Insurance Company f INSURED Brains Land Design Pete Vanaceik and David Wood 2731 Sandy Circle College Station, TX 77845 INSURER 8: INSURER C: INSURER o: INSURER E: INSURER F: COVERAGES L.cnnrn,n, c numvc�. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND 'CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. R TYPE OP GENERAL LIABILITY OOEIMERCIK G POLICY NUMBER- MWOIC POIICYE LIMBS EACH OCCURRENCE E pRE I 9 s °mi erce f MED EXP AP °re mn S CLAIMS -M 71A PERSONAL S ADV INJURY SGENERAL AGGREGATE S PROWCTSCOMPIOPAGG 'f GENL AGGREGATE POLICY lOC COMBINED LIMIT .5 AUTOM091LE UASIUTY Per pncm) E NON,CWNED NnOs J;H1REDALrTO5 O ED SCHEDULED (Perb=ld e) S r s LA Lim OCCUR NCE f UAB CLAIAIS -MADE f A - RETENTIONS WORKERS COMPENSATION "a ETPLDYERS UABLRY Y/N ANY PROPRIETOIUPARTNEPEXECIITNE OFFMERIMEMBER EXCLUDED? NIA MWC064662301 3/11!2013 03111/2014 WC STATU- OTH- X E.LEACHACCIDENT $1060000 E.L DISEASE - EA EMPLOYEE $1,000,000 It �ou'r In Ulne D:appoN cP OPERATXINS W W E.L. DISASE - POLICY UNIT $11000D00 DESCRIPTION OF OPERATIONS ! LOCATIONS /VEHICLES (Ae• °h ACORD 101. A00e10104 RemeksSNNUY. E worteWu.b rm.lre ) Brazos County Purchasing Department 20D1 South Texas Avenue Ste 352 Bryan, TX T7803 I 1 7 �.. ACORD 2S (2010105) 1 of! .XS32022TIM323299 mil.. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION. DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AIRRORMED REPRESENTATIVE ® 10AR_201R ACORD CORPORATION- All ria Ms reserved. The ACORD. name and logo are registered marks. of ACORD 7(111!/ y VID A� D CERTIFICATE OF LIABILITY INSURANCE 04/022013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTA71VE.OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcylles) must be endorsed. H SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsarMn s . PRO °"`E" Service Insurance Groups Inc. PO Box 5753 CONTACT PNOMF p PAX 774-3955 EOn ' 3840 Corporate Center Dr Bryan TX 77805 -5753 INSURER A m pan ' Insurance Co OENKUL LWiWTY X COMMERCIAL GENERAL LMBILRV LWMSa.1A0E 7 OCCUR INSURED Pete Valli & David Wood INSURER 9 D 1/312014 INSURER C Brazos Land Design M D FXP (AN one 2731 Sandy Circle College Station TX 77845- INSURER 9 2 300.000 mmneulu Ul lumCn• THIS IS TO CERTIFY THAT THE POLICIES OF.INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURER NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN -THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS; EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE FOOL SUER ACCORDANCE WITH THE POLICY PROVISIONS. POLICY RP POUCYSXP LINTS AIJTHORRED REPRESENTATIVE .LM A OENKUL LWiWTY X COMMERCIAL GENERAL LMBILRV LWMSa.1A0E 7 OCCUR DJGLI10530 D 1/312013 D 1/312014 EACH OCCURRE N OAMAGETORENTEO M D FXP (AN one PERSONAL O NAL l ADV INJURY 2 300.000 GENERAL AGGREGATE s 300,000 E X UMT APPLIES PER PR/1 LOD PRODUCTS- COMP( PACG S 300,000 s AUTOMOBILE LIABILITY ANYAUTO ALL OWNED F7 SCHEDULED AUTOS H NUT005M D HREiDAUT05 AUTOS COMBINED SINGLE LIMIT BODILY INJURY. (Par PNwnl S BODILYINJURY(Prwd", S PROPERTY DAMAGE S S IIYBI¢LLA UAn EXCE83 UAN OCCUR EACH OCCURREKE AGGREGATE WORKERS COMPENSATION MD EMPLOYERS LIABILITY YIM ANYPROPRRTORIPARTNER)EXECUTNE1 1 OFFICERMEMBER EXCLUDED? IJ (MandIdon, In NHI II es, eesOle uncles NIA JMSTATLI OTN- LEAH CIDENT .L E • EA YEE L. DISEASE V LIMIT I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(AIMeh ACORD 101, A,KKm (Renews SeMdwis, M men open Is neulredl 'ACORD 25 (2010105) .:cell: IMF.. Fax: ( ) - cal T Sa5.2D10 AeU.RU L;URHURA UuN. AN ngma reserveo. The ACORD. name and logo are registered marks of ACORD . _.. /7t i7�_. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE BRAZOS COUNTY PURCHASING DEPARTMENT THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 200 Texas Ave ACCORDANCE WITH THE POLICY PROVISIONS. SUITE 352 BRYAN TX 77803- I AIJTHORRED REPRESENTATIVE 'ACORD 25 (2010105) .:cell: IMF.. Fax: ( ) - cal T Sa5.2D10 AeU.RU L;URHURA UuN. AN ngma reserveo. The ACORD. name and logo are registered marks of ACORD . _.. /7t i7�_. BRAZOSCOUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge DEPT. NUMBER 56001000 DATE OF COURT MEETING: Anril 23, 2013 ITEM: Consider and take action on the Final Plat of Williams Creek Subdivision Phase 6, 61.907 Acres 22 Lots Nathan Clampitt Survey A -90 and S W Robertson Survey, A -202 College Station Brazos County Texas This phase is located almost entirely within College Station City Limits As only a very small portion of the subdivision is located iust outside the city limits College Station has agreed to provide floodplain administration for any diverging strig_s within the ETJ Site is located in Precincts 2 and 3. SOURCE OF FUNDS: N/A EXCEPTIONS/REQUIREMENTS: NOTES: • Owner/Developer: Joseph S. Johnson & Janet M. Johnson • Engineer: Joe Schultz, Schultz Engineering, LLC • Surveyor: Kling Engineering & Surveying SUBMITTED BY: R. Alan Munger, P.E. County Engineer CC -2013 APP D BY: y Catadena, Commissioner Pct. 2 Kenny Mallard, ommisst er Pct. 3 This Request is [ PROVED / DENIED [ ] by Commissioners' Court E. Duane Pete County JiNge H --n-I 3 Date .ate„ CITY OF COLLEGE STATION -��'-w...... Poo' d Service �,,.... o. April 17, 2013 R. Alan Munger, P.E. County Engineer Brazos County Road & Bridge 2617 Highway 21 West Bryan, TX 77803 Re: Williams Creek Subdivision, Phase 6'— Floodplain Administration Mr. Munger: As you are aware, the subject subdivision phase is primarily within the corporate city limits of College Station, however small portions of the boundary appear to extend beyond city limits into College Station's ETJ. This condition exists due to the variations of the property boundary and the city limit boundary which generally follow the meanders of Carters Creek in this area. However, the specific boundary calls vary and diverge in reaches for varying widths of approximately 10 to 30 feet. The subject single family rural subdivision creates lots ranging roughly 2 to 10 acres with the noted boundary divergence and significant portions of the lots within the Special Flood Hazard Area Zone AE per FEMA FIRM panel 350. The City of College provides floodplain administration within city limits. Per the enclosed 2002 Brazos County letter and, subsequent conversations, Brazos County provides floodplain administration for College Station's ETJ. On this subject subdivision phase and per your request, the City of College Station will agree to provide floodplain administration for the noted diverging strips within the ETJ. My office will also coordinate with your office should unique related issues arise for the subject area. Please feel free to contact me if you have any additional questions. Sincerely, Alan Gibbs, P.E., CFM City Engineer Enclosure Cc: Joe Schultz, P.E. P.O. Box 9960. 1101 TEXAS AVENUE COLLEGE STATION •TEXAS • 77542 PHONE 979.764.3570 / FAX 979.764.3496 www.cstK.gov /13 1 V4 /10 /V4 11 :a1 La4ua flu V40i DAA6ua UV AV%VA 7. BRAZOS COUNTY ROAD AND BRIDGE DEPARTMENT Richard F Vance A& CountF $nQineer Alvin W. Jones, County Judge commissioner Chants P. Inn". Precict J Commissioner Cnrcy caulcy, Prnincl 4 C'ommiscinner Tony Jonas. Precinct 1 cornmlcvlona William S. Thornton. Jtmcinct 2 April 18, 2002 �vu� TO: Kelly Templin A.I.C.P. Director of Development Services City of College Station FROM: Ray Crow, C.F.M. 1 C Certified Floodplain Manager Director of Planning & Traffic Brazos County, Texas This is to advise that administration of the FEMA Floodplain in the unincorporated areas of Brazos County, Texas is conducted by the County Engineer's office. The administration of said FEMA Floodplain also includes the areas within the extra territorial jurisdiction of Cities of Bryan and College Station, and we intend to exercise jurisdiction In said FEMA designated floodpla(ns. I have reviewed the master preliminary plat of the 1,397 acre subdivision named Indian Lakes, and find that, with the exception of the cul -de -sac lengths, it complies with the County's requirements for a preliminary plat. Please feel free to contact me at (979)822 -2127 should you have any questions. 2617.Wlghway 21 Wcal Bryan. Texas 77803 vvi. 1174yl once (979)821 -2127/Fax(979)775.0453 1J7 Application for Development Office use only. Brazos County Subdivision and Development Regulations Braes County Engineering Department 2617 Hwy 21 West, Bryan, Texas 77807 (979) 822 -2127 Mauer Plan Final Plat ✓ Re -Plat ^ Amending Plat Properly Deserlptlon Road Location: Williams Creek Dme Legg Description: Newer cis p tl A 90 s W. RUbcd.n Survey A -M2 - Subdivision Description Subdivision Name: Williams Cwek Subilhison - Phase 6 Total number of lots: 22 Total Acreage: 61.901 Property Owner Owner neme(a }: JaMPh ane J" Jehnsan 0mat fuelling address: P.O. sox, cmah.n, T 76e Phonenumbill ,n nvmto Applicant or Authorized Agent, Engineer or Surveyor Name acrd Address: Jae Jehe.on Phone nualber(sr B1 ^ Name end AddreM S Ia EVrarl LLL Jere S hult,, 2 )30 Longmhe onve Sutler A Dnllege Stell TX 11845 Phone number(a}: 919 - 184 -3900 Application b for Residential (vo Mobile Home Park () Commercial ( ) Other ( ) Is any of the property located in a Floodplain or Flood Hazard areal Wool Adtaarledg ant: The flood bamrd boar dary maps and other food data used by Bans Couary in eradicating Rood haws to pmpmed dwdap„leun re eloruldaed nasnaable and aaurate lor I'VAntory purposes and are tmW on use bat in tltable sck+aific and enpnoeblg data On rue occasions greater floods can and wlll cam bigot need hcWm may be inaramd by asm wasde or stung asap bounce or a Floodplaln Pamk in socotdance with t.e Bramt County Flood Damage Pmendon ordinance don not Imply dad ddvcfopnew amide the aeesa orrpodw Rood hazard wo ba ore dom flooding or Rood damage, tsmaea orapnmit shall not note Ilawlty ere the pact of nnu s county or any ollim or employte of Brams County In ds evau flooding or Rood dermal does near. Is part or all of the property within an ETJ of is City? Yes (yes/no) Will any construction occur in TxDOT rightof -ways? no (yes/no) Application Check List: Copies of finished plat with corrections (ifany): 4 9 copies to Brazes County 0 Om (1) copy to Brazos County Health Dept. 0 One (1) copy to Brazos County 911 0 One (1) copy to local Water District or Company Letters ofspprovai (to be sent by the approving institution directly to Brazos County Eaginocring): 0 Letter from Brazos County Health Dept — For onsite sewage evaluation. 0 Letter from Brazos County 911 — For road names. 0 I.et/er from Water District or Company. — Stating water availability, etc.. If property is within an BTJ of a city: ❑ Approval notification from appropriate city. Applicant aaast that they have signed this application in the capacity designated, if any, and flutter attests that they have read document and the statement contained herein and any attached are true and fachraL All applicants are encotvaged to review the County Regulations prior to any plat submittal. R is understood that �the G Ia ttdt finished or dated wt}( all documents listed above care flied at the Brnros County C Eogite g O sad all applicable bionics ero filled io the epplicafioe above. A t•s St Date County Witness Vol. ___70 fig. / %J ✓ BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT: Road & Bridge MEETING DATE: April 23, 2013 SUBJECT: Utility Permit — Wickson Creek Special Utility District Consider and take action on the Wickson Creek S.U.D. utility permit to construct 1 '/2" road bore under Waterway Drive. This project will provide water service to customer at address #6523. Site is located in Precinct 2. SUBMITTED BY: J V. Salvato Right of Way Agent APPROVED BY: This request is 510 - PROVED / DENIED El by Commissioners' Court Duane Peters, my Judge DATE: 4— eq,�3 -1.5- TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS Pursuant to the Texas Utility Code, Section 181.024, comes now Wickson Creek Special Utility District [company name], hereinafter referred to as "Company" a Texas Utility_ [state] Corporation, with authority to transact business in Texas, acting by and through its duly authorized representative, and hereby petitions the County Engineer for the right to lay, construct, maintain, repair and /or operate a gas facility under, over, across and/or along certain County Roads as shown on drawings and diagrams attached hereto and said location described as follows: Facility to Cross Road Road Name &'Block Number Length of Crossing TYPE OF CONSTRUCTION CHECK ONE Bored lacked Driven Cased - Watemay Drive 60' X - X Facility to Parallel County Road Within Right-Of-Way CONSTRUCTION TYPE I" Diameter wall Thickness I ''h" Encasement Pipe Material Specification PVC Maximum Operation Pressure 80 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 /work within I working days. (COMPANY MUST FILL IN). If such construction is not begun by the 601h day, Company will be required to apply for a new permit. Company declares that prior to filing this application, it has ascertained the location of all existing utilities, both aerial and underground, and the filing of this application is prima facie evidence that the proposed installation will not conflict with any existing utility. A copy of this permit shall be kept at the job site any time work is being performed. It is expressly stipulated that this Permit is a license for permissive use only and that the placing of facilities upon public property pursuant to this permit shall not operate to create or vest any property right in said holder. It is understl od and agreed that the rights and privileges herein set out are granted only to the extent of the County's right, title and interest in the land to be entered upon and used by the holder and the holder will at all times assume risk of and indemnify, defend and save harmless Brazos County from and against any and all loss, damages, cost or expense arising in any manner on account of the exercise or attempted exercise by said holder of the aforesaid rights and privileges. Any deviation from these specifications must be approved by Brazos County Engineer's Office or its designated representative. Approval of County Engineer's Office may take as long as two weeks after complete application is received. Applicant agrees to comply with all rules of the County Commissioners and the County Engineer in construction of said installation attached hereto as BRAZOS COUNTY DESIGN STANDARDS AND SAFETY PRECAUTION REQUIREMENTS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY and incorporated herein for reference. In the event Company fails to obtain a permit prior to the installation or does not install utilities in compliance with installation requirements set forth herein (Le. depth, location, etc), Company assumes all financial responsibility for damages and/or destruction of lines, cables, etc. based upon its failure to comply with Brazos County requirements. Applicant agrees that if Brazos County demonstrates a violation of the terms of this policy, Applicant stipulates that requisites for injunctive relief exist and that Brazos County is entitled to relief enjoining any conduct by applicant which is contrary to the policies. This permit is a revocable permit Brazos County reserves the right to revoke this permit at any time, in the sole discretion of Brazos County, for interests of public health, safety or welfare, or for failure to repair any damages upon demand, or for any other reason deemed sufficient by Brazos County. In the event Company Jails to comply with any or all of the requirements as set forth herein, the County may take such action as it deems appropriate to compel compliance. The County Engineer further retains the right to revoke this Permit by verbal notification to the Applicant/Company. Failure to obtain this permit and/or notify the County Engineer's Office within 14 hours of beginning construction shall constitute grounds for job shutdown. By signing below, I certify that 1 am authorized to represent the Company listed below, and that the Company agrees to the conditions /provisions included in this permit. Wickson Creek Special Utility District Company Name By: — �l2�7- .XClc r— Signature General Manager Title 8770 BWY 21 E, P.O. Box 475 Address Bryan TX 77808 City State Zip (979) 589 -3030 Phone Number watson @wicksoncreek.com Email: WATER UTIIdTY 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 0q— /& - ,2Q %3 except as noted below: (Month/Day/Year) EXCEPTIONS: / YO/Vr KA,4-xt A4VA 16 4< i Brazo ounty Engin r 1 ture Title J x V' r L� M '�YfIF1�t.. .Fn � �,• ♦ 1:, lR%.. 4 r � { tr a•�..n �W .. �• lam- ,. '+.•.FI! 5• _ J x V' r L� M '�YfIF1�t.. .Fn � �,• ♦ 1:, lR%.. 4 r � { tr a•�..n �W .. �• lam- ,. '+.•.FI! J0 �� I 0 U O W z J W �H ~ W } 3 Q r x 3 0 0 tx c x b x 'S b x G7 Y T H x L rc 0 d O K SJ W t Z AD. Vol. %%Q - -pg. s r Fv A C, c �� " Nom_ i R s l i A f N t r• s' v 0 BRAZOS COUNTY ROADWAY SAFETY AND ROAD PRESERVATION STANDARDS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY A. General Requirements 1. Adequate drainage shall be maintained in ditches at all times. 2. Permittee will use best_ management practices ( "BMP ") (EPA and TCEQ both provide lists of examples of BMPs) to minimize erosion and sedimentation resulting from the proposed installation. 3. The permittee shall take precautions to avoid damage to property. All County Right of Way and property shall be restored to its original condition, as far as practical, in the opinion of the County Engineer or appointed representative. 4, The construction and maintenance of such utility shall not interfere with the property or rights of a prior occupant. 5. Permittee shall not interfere with other utilities located in the right of way. In the event damages occur, permittee will be liable to the County or other utilities running through the right of way. 6. County Engineer shall determine whether or not permittee's plans shall inconvenience the public. If it is determined that inconvenience to the public exists, then the County Engineer will decide whether such project will be allowed or if an alternative exists so as not to inconvenience the public. B. Safety Requirements 1. Proper traffic control measures must be put in place prior to beginning work and remain in place during the duration of the job. All traffic control measures must follow the Texas Manual of Uniform Traffic Control Devices ( TMUTCD). See Traffic Control Requirements below. 2. During construction, all safety regulations of the Texas Department of Transportation shall be observed. 3. Permittee must take such precautions and measures, including placing and displaying safety devices, as may be necessary, in order to safely conduct the public through the project area. Company shall provide flagmen, signs, signals or devices necessary to provide complete safety to the public. 4. Adequate provisions must be made to cause minimum inconveniences to traffic and adjacent property owners. 5. No cable, conduit and/or pole line shall be laid, constructed, maintained and /or repaired so as to constitute a danger or hazard of any kind to persons or vehicles using such road. Any poles placed in the Right of Way for future installation shall be placed at the back of the Right of Way. Exceptions may be approved by the County Engineer. C. Traffic Control Plan 1. A traffic control plan, pursuant to the TMUTCD or Engineered Traffic Control Plan must be provided for the following: a. any construction (i.e. pit, excavation, hole) left open overnight, requires sspecific 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 Standards 1. All overhead installations shall conform to clearance standards of the Texas Department of Transportation and the pole be placed in the designated area for power specified as set forth in the Texas Utilities Code, Section 181.045. 2. All pole installation (including lighting) shall be placed at the backside of the Right of Way to ensure safety to the public. Any pole placed in violation of this requirement will be required to be moved to the appropriate location at the company's expense. Exceptions may be approved by the County Engineer. All underground installations shall (these are minimum depths — utility may place deeper): a. be placed at a minimum depth of forty -eight (48) inches below the top of the pavement; b. be at least thirty-six (36) inches below ditch flow line when installation is within the area measured from top of bank to top of bank; c. be at least forty -eight (48) inches below ditch flow line if low pressure gas or petroleum lines. For high pressure gas and petroleum lines, see High Pressure Pipelines requirements listed Below; d. not be closer than ten (10) feet from the edge of pavement. Exceptions may apply in rights of way of less than 60'. 4. Water Lines: All water lines must be a minimum 36- inches below the ditch flow line and cased. Waterlines shall be cased if crossing under the roadway. 5. Utilities in all new developments that have 60 feet or greater of right of way shall be installed within designated locations based upon the type of utility. The locations shall be as follows: (measured from back of right -of -way). Power -0 -2 feet, nominally 1' Phone — 2 -4 feet, nominally 3' Gas — 4 -6 feet, nominally 5' Cable — 6 -8 feet, nominally 7' 6. Utilities with less than 60 feet right -of -way in all new developments shall install the utility in a similar manner as referenced in No. 3 above, however, the County Engineer or its designated representative will provide final approval of each utility location. 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. 8. Crossings under a county road shall: a. be bored or jacked. ABSOLUTELY NO OPEN CUTS WITHIN COUNTY ROAD PAVEMENT; b. be pressure grouted for the full length of the crossing if the annular space between pipe and casing and soil exceeds one (1) inch. Brazos County must be given 24 hours notice of pressure grouting operations and have the opportunity to have an inspector on site to observe pressure grouting operations; c. TxDOT Standard Specification Item 476 shall be followed for all boring, jacking, tunneling andjoints. ElI L __ Pgz"B 9. Bore Pits' a. no pits shall remainiopenlpnger than 2 days; b. all pits shall have pioper.%&Affc control measures in place. See Traffic Control Plan listed above. c. pits shall NOT be located within ten (10) feet from the edge of pavement without prior approval from the County Engineer or his representative; d. when pits are to remain open for more than 8 hours, due diligence will be used in protecting the spoil pile to prevent drainage problems; e. based upon soil conditions,. the County Engineer or his representative may require shoring to protect pavement integrity; f. based upon soil conditions, the County Engineer or his representative may require pits be placed further from the edge of road. 10. Any installation within ten (10) feet of edge of pavement shall meet the following: a. location must be approved by the County Engineer or his representative b. backfilled with cement stabilized material. c. based upon soil conditions, the County Engineer or his. representative may require shoring to protect pavement integrity. d. all excess water and mud shall be removed from the trench prior to backfilling. Any backfill placed during a rainy period or at other times where excess water cannot be prevented from entering the trench will be considered TEMPORARY and shall be replaced with PERMANENT cement stabilized material as soon as weather permits; e. all disturbed base and pavement materials shall be removed and restored to the satisfaction of the County Engineer or his representatives. f. no side or lateral tamping to fill voids under the base and pavement materials is allowed. 11. Company must be careful to not jeopardize the slope or integrity of the shoulder of the road. In the event Company damages the slope, shoulder or any other portion of the right -of -way, Company will be responsible for repairing the damage and replacing the right -of -way to the condition it was prior to commencing construction. 12'. Operation of construction and/or maintenance equipment on the traveled surface of any improved County road will not be permitted, except in an instance whereby the laying, construction, maintenance and /or repair of cables, conduits and/or pole lines cannot be accomplished by any other method and in this event all such equipment shall be of the rubber tire variety. Appropriate traffic control shall be provided meeting TMUTCD requirements. 13. In the event said construction and/or maintenance and /or repair requires Company to remove, cut or jeopardize any section of the road (asphalt, cement, road base, etc.), Company will be required to provide a performance bond or letter of credit securing necessary repairs. Said bond amount will be determined by the County Engineer. 14. The applicant shall submit a letter of "No Objection" from the Army Corps of Engineers for all designated wetlands and environmentally sensitive lands. E. Emergency work 1. In the event Company is required to perform emergency services, that requires excavation in a County Right of Way, and unable to notify the County Engineer prior to conducting emergency repairs, Company shall notify County Engineer within 24 hours of beginning cons truction/repairs. This will allow the County Engineer's Office an opportunity to inspect the site to ensure the integrity of the County Right of Way and traffic safety controls used. I _ Q1 F. Repairs to existing facilities 1. Maintenance and/or repair to existing cables, conduits, and/or pole lines which require disturbance of the soil, shall not be performed until plans describing such maintenance and /or repair have been approved by the County Engineer or its designated representative and a permit has been obtained. G. Relocation of utilities 1. When and if the County Engineer determines that it is necessary for the construction, repair, improvement, alteration or relocation of all or any portion of said road, any or all poles, wires, pipes, cables or other facilities and appurtenances authorized hereunder, shall be removed from said road, or reset or relocated thereon, as required by the County Engineer within a reasonable time as determined by the County Engineer and Utility Company, and at the expense of the Utility Company. H. High Pressure Pipelines All utility Permits for high pressure pipelines (generally 60 PSI or greater), whether pertaining to controlled access or non - controlled access installations, should contain the following additional information in the description of the permit. - diameter -wall thickness - material specification - minimum yield strength - maximum operation pressure of the pipeline 2. With the exception of the maximum operation pressure of the pipeline, this information is to be supplied for both the carrier pipe and the casing. 3. Assurance must also be given that the installation material and design meet the minimum Federal Safety Standards for Liquid and Gas Pipe Lines. Assurance must be provided on company letterhead and signed by an authorized representative of the company. 4. Petroleum Pipelines: Depth Type of Pipeline (below deepest ditch grade) Special Requirements Encased Pipe Less than 10' Must be covered with concrete pad at least 36" deep Encased Pipe Greater than 10' No concrete pad required Non -Cased Pipe Less than 10' Must be covered with concrete pad at least 48" deep Non -Cased Pipe Greater than 10' No concrete pad required The Concrete pad shall be minimum of 3" thick and width shall be pipe diameter plus 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. Vol. i � A jig all - a -a4�s C -rsy=4 C EP 5 !1.- 120 gar ga - 11-1 z O W SiC 5 MEN XX s�r -� &6 x- L g yy gg , {Y5r- =sal§{{ 1k-2211 11= y L'" lit S1 o B£bb�56�hb�I`�pEpb d._.— __._._._.__ —_ —._. o: w v J 0 O m x o N G U Z O O CC W O N H W C> O U ¢Y 3 zu °O� pp •F? _EEB[[h��yy g +MI°MY A.rinvl! �ag�s`8 -838 °ages ���j :t3 ^RA88O1" b?A otl i jig all - a -a4�s C -rsy=4 C EP 5 !1.- 120 gar ga - 11-1 z O W SiC 5 MEN XX s�r -� &6 x- L g yy gg , {Y5r- =sal§{{ 1k-2211 11= y L'" lit S1 o B£bb�56�hb�I`�pEpb d._.— __._._._.__ —_ —._. o: w v J 0 O m x o N G U Z O O CC W O N H W C> O U ¢Y 3 zu °O� pp �w.w +w +w .c •F? _EEB[[h��yy g +MI°MY A.rinvl! �w.w +w +w .c •F? _EEB[[h��yy g " NI —. O III°.« .. r° x . ..0 w "--1 —1 - - .. 11 °. °4e.. . IVol. 7 - �'9• W O 0 J D O 8 x � 6 _N O _ W U C N O U Y 3 K W J � N N O � Q N W C Z O f- U a > U Y BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2012 -2013 BUDGET YEAR NO. 12113 29.1- 29.5 On this the 23rd day of April 2013 at a regular meeting of the Commissioners' Court, the following members were present: A. Duane Peters, County Judge, Presiding B. Lloyd Wassermann, Commissioner, Precinct I C. Sammy Catalena, Commissioner, Precinct 2 D. Kenny Mallard, Commissioner, Precinct 3 E. Irma Cauley, Commissioner, Precinct 4 F. Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on 23rd day of April 2013 the Court heard and approved a budget amendment for the 2012 -2013 budget year for Brazos County, Texas; and WHEREAS, expenditure is necessary due to the necessity to meet unusual and unforeseen conditions which could not be reasonably included in the original budget adopted 18 September 2012, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 23rd day of April 2013. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. By: i�Q�= Duane Peter ounty Jud Original: County Clerk's Office and Attached to the original budget Copies: County Auditor County Treasurer County Budget Officer Commissioners' Court Minutes Vol. Pg. �� 51V - Jail rRregared jc ;r ^'s'emoil ;.., :. , a Ft ,g. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12113 - 29.1 Enforcement Vol. Pg. /8fi BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12113 - 29.2 412 312 01 3 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 11000500 51820000 CR Merit Pa 2-0-12-41.00 0100 56001000 51610006 DR Hourly Staff 4,749.00 0100 56001000 53100000 DR Social Security 365.00 0100 56001000 53200000 DR Retirement 4,299.00 0100 56001000 53800000 DR Workers Comp 163.00 0100 56001000 53900000 DR. Um to ment 15.00 0100 56001000 53300000 DR jEmp. Health Insurance 10,500.00 0100 56001000 53320000 DR Em p. Dental Insurance 150.00 Non - Departmental and Road & Bridge Reallocation of funds for the reclassification that was approved on April 16 2013, Item #9. Vol. P'._L� BRAZOS COUNTY, TEXAS BUDGETAMENDMENTS No. 12113 - 29.3 412312013 DR and Constable Ptc. #4 - for the remainder of FY 13. L01. 1z7T P9. _1 fl '.,'BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS >• No. 12113 - 29.4 ' d113/20'13 FUND DIV ACCT PROJ DR/CRI ACCOUNT NAME Increase Decrease 0100 11001500 61130000 CR General Fund Contingency 300,000.00 0100 11020000 71040000 DR Contract Placement 300 000.00 General Fund Contingency and Court Support - Civil Reallocation of funds for contract services for the remainder of FY 13. I BRAZOS COUNTY. TEXAS BUDGET`AMENDMENTS No:'42113 - 29.5 412312 (113 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 22600100 60360000 CR Furniture 200.00 01.00 22600100 60500000 CR Equipment 100.00 0100 .22600100 65320000 CR Equipment Maintenance 250.00 0100 22600100 67342000 DR Furniture 550.00 Associate Judge #1 - Judge Zachary Reallocation of funds to purchase a lateral file cabinet. i' epiie&By t;,�r+ �q ; " >tinin Day :,:,•.asu >.�' `r <;'d1171Z 1-81 Pg.- /%3 PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: April 23, 2013 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 Expo Commack, Lonnie Promotion Fuller, Melanie Promotion Kolbe, Clarence Promotion Wolfe, Joan Promotion Juvenile Washington, Ira Resignation Road & Bridge Grisso, Johnathon Reclassification SO — Jail Batten, Jared New Hire Vaughn, Christopher New Hire Williams, John New Hire Tax Office Jordan, Melissa Resignation Approved in Commissioners' Court: April 23,2013: County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) �J Vol. '7 pg. 1 ' BRAZOS COUNTY EMERGENCY SERVICES DISTRICT NO.1 r INDEPENDENT AUDITORS' REPORT t AND t FINANCIAL STATEMENTS SEPTEMBER 309 2012 1 1 ACKNOWLEDGED 1 Duane Peterskj Date ' County Judge Vol. TABLE OF CONTENTS Page No. Independent Auditors' Report 1 Management's Discussion and Analysis 2 - 3 Statement of Net Assets 4 Statement of Activities 5 Notes to Financial Statements 6 - 9 V 74 pg. / /„ 1 1 I E 0 4500 Carter Creek Parkway, Suite 20' Bryan, Texas 77802 -4456 (979) 260 -9696 - Fax (979) 260 -9683 email: firm@tdccpa.com INDEPENDENT AUDITORS' REPORT Board of Commissioners Brazos County Emergency Services District No. Wellborn, TX 77881 P.C. Peggy Adcock. CPA Sandy Beavers, CPA Alline Briers. CPA Gay Vick Craig, CPA Kay Dobbins, CPA Emily Hogan, CPA Lyn Kuciemba, CPA James Larkin, CPA Alice Monroe, CPA Matthew Troxel, CPA Marian Rose Varisco, CPA Mary Joy Venuti, CPA We have audited the accompanying statement of net assets of Brazos County Emergency Services District No. 1 as of September 30, 2012, and the related statement of activities for the year then ended. These financial statements are the responsibility of management. Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance with U.S. generally accepted auditing standards. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. In our opinion, the financial statements referred to above present fairly, in all material respects, the financial position of Brazos County Emergency Services District No. 1 as of September 30, 2012, and the results of its operations for the year then ended in conformity with U.S. generally accepted accounting principles. ' The management's discussion and analysis on pages 2 and 3 are not a required part of the basic financial statements but are supplementary information required by U.S. generally accepted accounting principles. We have applied certain limited procedures, which consisted principally of t inquiries of management regarding the methods of measurement and presentation of the required supplementary information. However, we did not audit the information and express no opinion on it. THOMPSON, DERRIG & CRAIG, P.C. February 12,2013 I 1 P9_40-7 Woody Thompson, CPA /CFP Ronnle Croig, CPA Dillard Leverkuhn, CPA Andrea Derrlg, CPA 1 1 I E 0 4500 Carter Creek Parkway, Suite 20' Bryan, Texas 77802 -4456 (979) 260 -9696 - Fax (979) 260 -9683 email: firm@tdccpa.com INDEPENDENT AUDITORS' REPORT Board of Commissioners Brazos County Emergency Services District No. Wellborn, TX 77881 P.C. Peggy Adcock. CPA Sandy Beavers, CPA Alline Briers. CPA Gay Vick Craig, CPA Kay Dobbins, CPA Emily Hogan, CPA Lyn Kuciemba, CPA James Larkin, CPA Alice Monroe, CPA Matthew Troxel, CPA Marian Rose Varisco, CPA Mary Joy Venuti, CPA We have audited the accompanying statement of net assets of Brazos County Emergency Services District No. 1 as of September 30, 2012, and the related statement of activities for the year then ended. These financial statements are the responsibility of management. Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance with U.S. generally accepted auditing standards. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. In our opinion, the financial statements referred to above present fairly, in all material respects, the financial position of Brazos County Emergency Services District No. 1 as of September 30, 2012, and the results of its operations for the year then ended in conformity with U.S. generally accepted accounting principles. ' The management's discussion and analysis on pages 2 and 3 are not a required part of the basic financial statements but are supplementary information required by U.S. generally accepted accounting principles. We have applied certain limited procedures, which consisted principally of t inquiries of management regarding the methods of measurement and presentation of the required supplementary information. However, we did not audit the information and express no opinion on it. THOMPSON, DERRIG & CRAIG, P.C. February 12,2013 I 1 P9_40-7 BRAZOS COUNTY EMERGENCY SERVICES DISTRICT NO. 1 MANAGEMENT DISCUSSION AND ANALYSIS SEPTEMBER 30, 2012 ' Five persons are appointed by the County Judge and Commissioners Court as Emergency Service District Commissioners District #1 for two -year terms with a three- and two- person rotation. They function as a board with regularly scheduled meetings every second Tuesday of ' the month as stated by an agenda posted at the county courthouse. The District maintains P.O. Box 244, Wellborn, Texas 77881 as a working address. ' The District provides fire, rescue, and emergency medical services to 168 square miles of Waal south Brazos County with an all volunteer staff of 28 firefighters with an average of 600 incidents per year out of the four fire stations located at 14841 South Dowling, 3030 Wingfall tStreet, 1601 Greens Prairie Road, and 20665 South Highway 6. ' Our discussion and analysis of the District's financial performance provides an overview of the District's financial activities for the fiscal year ended September 30, 2012. Please read it in conjunction with the District's financial statements, which begin on page 4. tFINANCIAL HIGHLIGHTS District #1 owns or maintains thirteen trucks, and the District owns or leases (99 -year terms) the four above - mentioned fire stations. t The District operates three bank accounts and has two sources of income, namely property taxes and interest earned on their deposits in a money market account and their certificates of deposit. In fiscal year 2012, the Brazos County Emergency Services District was annexed by the city of College Station; this resulted in annexation income of $16,526. Additionally, the District leased out office space during fiscal year 2012 which provided the District $100 per month rental income. Furthermore, the District sold two assets during 2012, a firetruck and a pumper which ' resulted in a net gain on the sale of fixed assets of $16,475. The District purchased a crimson fire pumper for $379,623. t The District pays the insurance for the trucks and liability. The District has three long -term liabilities for tankers: a capital lease dating from 2007 requiring annual payments of interest and principal in the amount of $44,838. There are two note payables: one on the tanker purchased ' in October 2009 requiring quarterly payments of principal and interest in the amount of $20,250; and a second note payable originating in fiscal year 2012 for a crimson fire pumper with annual payments in the amount of $47,794. ' The Brazos County Tax Assessor Office computes the tax information and notifies District #1 on the legal requirements. District #1 under current law is limited to a maximum tax rate of $0.03 ' per hundred dollars of taxable value. The commissioners set the effective tax rate at $0.03 for 2011 (for the year ended September 30, 2012). The adjusted taxable value for Brazos County Emergency Services District No. I was $961,831,452 for the calendar year 2011 tax roll. t z Vol. _�� -- Pg. —/w I h BRAZOS COUNTY EMERGENCY SERVICES DISTRICT NO. 1 MANAGEMENT DISCUSSION AND ANALYSIS SEPTEMBER 30, 2012 SUMMARIZED COMPARATIVE FINANCIAL INFORMATION Cash Prepaid expenses Fixed assets Less: Accumulated Depreciation Total Assets Current liabilities t Long -term debt (net of current) Net assets: ' Invested in capital assets, net of debt Unrestricted Total net assets ' Total Liabilities & Net Assets 1 1 REVENUE Tax revenue Interest income Other income Total Revenue EXPENSES Professional fees Property taxes Insurance expense Fuel Fire protective clothing Debt service: interest expense Office expenses Supplies and maintenance Miscellaneous expense Utilities Depreciation expense Total Expenses 2012 2011 $ 191,745 $ 129,517 12,307 13,784 2,662,636 2,362,750 917,395 806,096 $ 1,949,293 $ 1,699,955 $ 152,421 715,539 889,343 191,990 1,081,333 $ 1,949,293 $ 286,349 864 34,201 321,414 8,548 2,748 39,384 780 10,804 36,114 22,523 1,187 125 5,435 189,024 316,672 Excess (Deficit) of Revenues over Expense: 4,742 Net Assets, Beginning of Year 1,076,591 Net Assets, End of Year $ 1,081,333 $ 120,197 503,167 953,475 123,116 1,076,591 $ 1,699,955 $ 269,910 2,357 3,605 275,872 11,477 40,010 825 28,092 18,578 24,365 70 6,187 178,003 307,607 (31,735) 1,108,326 $ 1,076,591 3 IBRAZOS COUNTY EMERGENCY SERVICES DISTRICT NO. 1 ' STATEMENT OF NET ASSETS SEPTEMBER 30, 2012 ' General Fund ASSETS ' Current assets Cash $ 191,745 Prepaid expenses 12,307 ' Total current assets 204,052 Fixed assets ' Buildings 496,444 Equipment 2,154,192 Less accumulated depreciation (917,395) ' 1,733,241 Land 12,000 ' Net fixed assets 1,745,241 TOTAL ASSETS $ 1,949,293 ' AND NET ASSETS LIABILITIES Liabilities: ' Current liabilities: Accounts payable 883 Interest payable 11,179 t Current maturities of capital lease 35,586 Current maturities of long -term debt 104,773 Total current liabilities 152,421 Capital lease obligations, net of current maturities 146,610 ' Note payable, net of current maturities 568,929 Total non - current liabilities 715,539 ' Total liabilities 867,960 Net assets: ' Invested in capital assets, net of related debt 889,343 Unrestricted 191,990 Total net assets 1,081,333 $ I® TOTAL LIABILITIES AND NET ASSETS ' See independent auditors' report and notes to the financial statements. 4 Vol. —L K— P9• .-00 I ' BRAZOS COUNTY EMERGENCY SERVICES DISTRICT NO. 1 ' STATEMENT OF ACTIVITIES GENERAL FUND FOR THE YEAR ENDED SEPTEMBER 30, 2012 REVENUES ' Property taxes and penalties $ 286,349 tInterest income and other 35,065 TOTAL REVENUES 321,414 ' EXPENSES Current ' Depreciation 189,024 Insurance 39,384 Utilities 5,435 ' License & Fees 1,945 Office expense 20,578 Professional fees 8,548 ' Property taxes 2,748 Miscellaneous 125 ' Supplies and maintenance 12,771 Debt service ' Interest expense 36,114 TOTAL EXPENSES 316,672 EXCESS (DEFICIT) OF REVENUES OVER EXPENSES 4,742 ' NET ASSETS - BEGINNING OF YEAR 1,076,591 NET ASSETS - END OF YEAR $1,081,333 ' ' See independent auditors' report and notes to the financial statements. 5 -- Vol. :-- BRAZOS COUNTY EMERGENCY SERVICES DISTRICT NO. 1 NOTES TO FINANCIAL STATEMENTS ' SEPTEMBER 30, 2012 Note 1— Creation of District ' Brazos County Emergency Services District No. I (the District) was created after a public ' election held in 1990 under the provision of Section 48 -d of Article III of the Constitution of Texas and the Texas Safety and Health Code, Chapter 775. The district was established to provide fire protection services to residents of the district. ' Note 2 — Significant Accounting Policies ' Basis of presentation ' The District's financial statements are prepared in accordance with generally accepted accounting principles (GAAP). The Governmental Accounting Standards Board (GASB) is responsible for establishing GAAP for state and local governments through its ' pronouncements (Statements and Interpretations). Governments are also required to follow the pronouncements of the Financial Accounting Standards Board (FASB) issued through November 30, 1989 (when applicable) that do not conflict with or contradict GASB pronouncements. The more significant accounting policies established in GAAP and used by the District are discussed below. ' The financial transactions of the District are reported in individual funds in the fund financial statements. Each fund is accounted for by providing a separate set of self - balancing accounts that comprises its assets, liabilities, reserves, net assets, revenues and ' expenditures /expenses. The following fund types are used by the District: ' Genera! fund - The General Fund is the general operating fund of this District. This fund includes all the available operating revenues and accumulates reserves for future operating activities. Estimates ' The preparation of financial statements in conformity with U.S. generally accepted accounting principles requires management to make estimates and assumptions that affect ' reported amounts and disclosures of assets, liabilities, revenues and expenditures. Accordingly, actual results could differ from those estimates. 1 See independent auditors' report. 6 Vol. 17X" Pg.c,20,7— BRAZOS COUNTY EMERGENCY SERVICES DISTRICT NO. 1 NOTES TO FINANCIAL STATEMENTS SEPTEMBER 30, 2012 ' Note 3 — Deposits At year end, the carrying amount of the District's bank deposits was $191,745. Deposits ' are categorized to give an indication of the level of risk assumed at year end. Categories are as follows: ' Category 1 — Insured or collateralized with securities by the District or its agency in the District's name. ' Category 2 — Collateralized with securities held by the pledging financial institution's trust department or agency in the District's name. ' Category 3 — Uncollateralized. ' At September 30, 2012, the District's deposits are categorized as follows. Category 1 Category 2 Category 3 ' $ 191,745 $ - $ ' Note 4 — Expenditures ' The District expends funds for the purchase and maintenance of fire equipment for Brazos County Volunteer Fire Department No. 1, for the construction and maintenance of fire stations used by the department, and for debt service. ' Note 5 — Property taxes ' Property taxes are collected and remitted to the District by the Brazos County Tax Assessor Collector. Taxes are levied annually on October 1, and are due one half by ' November 30, and one half by June 30, or in full by January 31. Delinquent tax payments throughout the year are recognized in the year received. ' During the year ended September 30, 2012, the District levied an ad valorem tax at the rate of $0.03 per $100 assessed valuation, which resulted in a tax levy of $284,741 on the taxable valuation of $961,831,452 for the tax year. I See independent auditors' report. 7 p _ l70 02 6,j I BRAZOS COUNTY EMERGENCY SERVICES DISTRICT NO. I ' NOTES TO FINANCIAL STATEMENTS SEPTEMBER 30, 2012 1 U 1 C C 1 1 H Note 6 — Fixed Assets Fixed assets are recorded at cost if purchased or recorded at fair market value if donated. Fixed assets are depreciated using the straight -line method over estimated useful lives ranging from seven to forty years. Depreciation expense for the year ended September 30, 2012 totaled $189,024. Note 7 — Budgetary Comparison Schedule The District did not adopt a budget for the general fund for the year ended September 30, 2012 because it was not legally required to do so. Therefore, a budgetary comparison schedule is not presented. Note 8 — Capital Lease The District leases certain equipment under an agreement that is classified as a capital lease. The cost of the equipment under capital lease included in the Statement of Net Assets as fixed assets is $350,809, with related accumulated amortization of $175,405. Amortization of the leased equipment under capital assets is included with depreciation expense in the accompanying Statement of Activities. The future minimum lease payments required under the capital lease and the present value of the net minimum lease payments as of September 30, 2012, are as follows: Year Ending September 30 Amount 2014 $ 44,838 2015 44,838 2016 44,838 2017 44,838 Thereafter 28,308 Total minimum lease payments 207,660 Less: Amounts representing interest 25,464 Present value of minimum lease payments 182,196 Less: Current maturites 35,586 Long -term capital lease obligation $ 146,610 See independent auditors' report. 8 _ ,/ I tBRAZOS COUNTY EMERGENCY SERVICES DISTRICT NO. 1 NOTES TO FINANCIAL STATEMENTS ' SEPTEMBER 30, 2012 ' Note 9 — Notes Payable The District financed the purchase of a new tanker in October 2009 for $452,727. The ' note bears interest at 4.25% and requires quarterly payments of principal and interest in the amount of $20,250, and matures in 2016. 1 1 1 1 In fiscal year ending September 30, 2012, the District also purchased a new 2011 fire pumper for $379,623. The note bears interest at 3.375 %, and requires an annual payment of $47,794. This note is secured by the fire pumper matures in fiscal year ending 2022. Future maturities of both notes are as follows: Year ending September 30, 2013 2014 2015 2016 2017 Thereafter Note 10 — Related Party Transactions $ 104,773 108,980 113,352 90,774 39,163 216,660 $ 673,702 The District currently utilizes a firm owned by the Recording Secretary — Treasurer of the District for the performance of bookkeeping services. The amounts paid to this firm by the District for such services during the fiscal year ended September 30, 2012 was $12,000. Note 11— Subsequent Events Management has evaluated subsequent events through February 12, 2013, the date the financial statements were available to be issued. See independent auditors' report. 9 E 1pg, 0?63 BRAZOS VALLEY FAIR & EXPOSITION INDEPENDENT AUDITORS' REPORT AND FINANCIAL STATEMENTS SEPTEMBER 30, 2012 ACKNOWLEDGED Duane Pete Date I County Judge Fv,�� O . Pg._� ro TABLE OF CONTEN'T'S Page No. Independent Auditors' Report 1 Statement of Financial Position 2 Statement of Activities 3 Statement of Cash Flows 4 Notes to Financial Statements 5 - 7 ' Vol,.L//, S Pg. a67._ I DerrB & Cra 4500 Carter Creek Parkway, Suite 201 Bryan, Texas 77802-4456 (979) 260 -9696 - Fax (979) 260-9683 emall, Arm®tdccpa.com P.C. INDEPENDENT AUDITORS' REPORT Peggy Adccck,CPA .Sandy Beavers, CPA Alline Enters, CPA Gay Vfck Craig, CPA Kay Dobbins, CPA Emily Hagan, CPA Lyn Kuclemba, CPA James Larkin, CPA Alice Monroe, CPA Matthew Troxel, CPA Morlcn Rose Varisco, CPA Mary Joy Venutl, CPA The Board of Directors Brazos Valley Fair & Exposition Bryan, Texas We have audited the accompanying statement of financial position of Brazos Valley Fair & Exposition (a nonprofit organization) as of September 30, 2012, and the related statements of activities and cash flows for the year then ended. These financial statements are the responsibility of the Organization's management. Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. In our opinion, the financial statements referred to above present fairly, in all material respects, the financial position of Brazos Valley Fair & Exposition as of September 30, 2012, and the changes in its net assets and its cash flows for the year then ended in conformity with accounting principles generally accepted in the United States of America. THOMPSON, DERRIG & CRAIG, P.C. January 29, 2013 1 1 - ' 7 Woody Thompson, CPA /CFP Ronnle Craig, CPA Dillard Leverkuhn, CPA Andrea Derdg, CPA I DerrB & Cra 4500 Carter Creek Parkway, Suite 201 Bryan, Texas 77802-4456 (979) 260 -9696 - Fax (979) 260-9683 emall, Arm®tdccpa.com P.C. INDEPENDENT AUDITORS' REPORT Peggy Adccck,CPA .Sandy Beavers, CPA Alline Enters, CPA Gay Vfck Craig, CPA Kay Dobbins, CPA Emily Hagan, CPA Lyn Kuclemba, CPA James Larkin, CPA Alice Monroe, CPA Matthew Troxel, CPA Morlcn Rose Varisco, CPA Mary Joy Venutl, CPA The Board of Directors Brazos Valley Fair & Exposition Bryan, Texas We have audited the accompanying statement of financial position of Brazos Valley Fair & Exposition (a nonprofit organization) as of September 30, 2012, and the related statements of activities and cash flows for the year then ended. These financial statements are the responsibility of the Organization's management. Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. In our opinion, the financial statements referred to above present fairly, in all material respects, the financial position of Brazos Valley Fair & Exposition as of September 30, 2012, and the changes in its net assets and its cash flows for the year then ended in conformity with accounting principles generally accepted in the United States of America. THOMPSON, DERRIG & CRAIG, P.C. January 29, 2013 1 1 - ' i 1 BRAZOS VALLEY FAIR & EXPOSITION STATEMENT OF FINANCIAL. POSITION SEPTEMBER 30, 2012 ASSETS Current assets: Cash Receivables Prepaid expenses Total current assets Fixed assets: Website and logo Office furniture and equipment Accumulated depreciation TOTAL ASSETS LIABILITIES AND NET ASSETS Current liabilities: Accounts payable Total current liabilities Net assets: Unrestricted Temporarily restricted Total net assets TOTAL LIABILITIES AND NET ASSETS $ 247,376 7,292 1,055 255,723 13,760 16,586 (4,759) 25,587 $ 281,310 $ 29,710 29,710 248,600 3,000 251,600 $ 281,310 See independent auditors' report and notes to financial statements. 2 Vol. —L1�_ Pg.9 i BRAZOS VALLEY FAIR & EXPOSITION STATEMENT OF ACTIVITIES FOR THE YEAR ENDED SEPTEMBER 30, 2012 Temporarily Unrestricted Restricted Support and revenues: Contributions Donations Donated materials and services Sponsorhips Event revenue Grants Btazos County Interest income and other Total support and revenue Expenses: Program services Management and general Fundraising Total expenses Change in net assets Net assets at beginning of year Net assets at end of year Total $ .1,300 $ $ 1,300 249,922 249,922 88,500 3,000 9000 203,926 - 203,926 40,000 40,000 1,826 1,826 28,201 28,201 585,474 3,000 588,474 448,275 448,275 50,764 50,764 28,201 28,201 527,240 - 527,240 58,234 3,000 61,234 190,366 190,366 $ 248,600 $ 3,000 $ 251,600 See independent auditors'report and notes to the financial statements.' 3 BRAZOS VALLEY FAIR & EXPOSITION STATEMENT OF CASH FLOWS FOR THE YEAR ENDED SEPTEMBER 30, 2012 CASH FLOWS FROM OPERATING ACTIVITIES Change in,net assets $ 61,234 Adjustments to reconcile increase in net assets to , net cash provided by operating activities: Depreciation 4,392 Changes in operating assets and liabilities: Receivables (7,292) Prepaid expenses (1,055) Accounts payable 29,710 Deferred revenue (25,000) 61,989 Net cash provided by operating activities CASH FLOWS FROM INVESTING ACTIVITIES Purchase of fixed assets 15,906 Net cash used in investing activities (15,906) NET CHANGE IN CASH 46,083 BEGINNING CASH AND CASH EQUIVALENTS 201,293 ENDING CASH AND CASH EQUIVALENTS $ 247,376 1. 1 1 See independent auditors' report and notes to financial statements. 4 -- i BRAZOS VALLEY FAIR & EXPOSITION NOTES TO THE FINANCIAL STATEMENTS SEPTEMBER 30, 2012 Note 1— Summary of Significant Accounting Policies Nature of Activities Brazos Valley Fair & Exposition is a nonprofit organization established in 2010 to encourage, promote and maintain agricultural science, research, and education. The �] Brazos Valley Fair & Exposition is a mid -major or regional fair whose reach or scope I� encompasses the entire state of Texas and surrounding states. Startup funding was provided by the Brazos County Commissioner's Court from hotel/motel tax revenue. The Brazos Valley Fair & Exposition is dedicated to "Showcasing Agriculture, Education, & Youth to Enhance our Texas Culture ". The Brazos Valley Fair & Exposition has plans to make a true impact on agriculture and education by providing Fairgoers with attractions that will not only be entertaining, but will also provide a variety of educational experiences for the public in agriculture and the rural way of life. A Scholarship program will be an integral part of the educational impact of the Fair. The Fair will be committed to providing funds for scholarships and other educational programs to educate the youth of Texas for future generations. Financial Statement Presentation Brazos Valley Fair & Exposition is required to report information regarding its financial position and activities according to three classes of net assets: unrestricted, temporarily restricted, and permanently restricted. Basis of Accounting The financial statements of Brazos Valley Fair & Exposition are prepared in accordance with accounting principles generally accepted in the United States of America, and accordingly reflect all significant receivables, payables, and other liabilities. Use of Estimates Management of Brazos Valley Fair & Exposition has made a number of estimates and assumptions relating to the reporting of assets and liabilities and the disclosure of contingent assets and liabilities to prepare these financial statements in conformity with generally accepted accounting principles. Actual results could differ from those estimates. 1 Cash and Cash Equivalents ' For purposes of the statement of cash flows, Brazos Valley Fair & Exposition considers all unrestricted highly liquid investments with an initial maturity of three months or less to be cash equivalents. ISee independent auditors'report 5 — Vol. _1� — Pg 0 BRAZOS VALLEY FAIR & EXPOSITION NOTES TO THE FINANCIAL STATEMENTS SEPTEMBER 30, 2012 AND 2011 Note 1— Summary of Significant Accounting Policies (Continued) Fixed Assets and Depreciation Brazos Valley Fair & Exposition capitalizes, at cost, all expenditures for fixed assets in excess of $500. Donated equipment is recorded as support at the estimated fair value at the date of the gift. Equipment is depreciated using the straight -line method over its estimated useful life. The cost of maintenance and repairs is charged to expense as paid; significant renewals and betterments are capitalized. ' Fair Value of Financial Instruments ' The carrying amounts of cash, receivables, and accounts payable approximate fair value due to the short maturity of those instruments. ' Contributions Contributions received are recorded as unrestricted, temporarily restricted, or ' permanently restricted support, depending on the existence or nature of any donor restrictions. All donor - restricted support is reported as an increase in temporarily or permanently restricted net assets depending on the nature of the restriction. When a restriction expires (that is, when a stipulated time restriction ends or purpose restriction is accomplished), ' temporarily restricted net assets are reclassified to unrestricted net assets and reported in the statement of activities as net assets released from restrictions. I Donated Materials and Services Donated services are recognized as contributions if the services (a) create or enhance nonfinancial assets or (b) require specialized skills, are performed by people with those skills, and would otherwise be purchased by Brazos Valley Fair & Exposition. Volunteers also provide various clerical and fund- raising services throughout the year but these services are not recognized as contributions in the financial statements because the recognition criteria were not met. ■ Note 2 — Tax Status The Organization is exempt from federal income taxes under Section 501(c)(3) of the Internal Revenue Code. The Organization believes that it has appropriate support for any tax positions taken, and as such, does not have any uncertain tax positions that are material to the financial statements. The Organization's federal information returns I(Form 990) remain subject to examination by the IRS for three years after they are filed. See independent auditors'Lort i 6 i i i 1 1 BRAZOS VALLEY FAIR &EXPOSITION NOTES TO THE FINANCIAL STATEMENTS SEPTEMBER 30, 2012 Note 3 — Receivables The Organization's receivables consist of amounts due from fair sponsors and participants and are deemed collectible at September 30, 2012. Note 4 — Restricted Net Assets Temporarily restricted net assets at September 30, 2012 include funds available for the payment of scholarships. Note 5 — Donated Materials and Services Brazos Valley Fair & Exposition receives donated .services from local radio and television providers and other interested businesses and individuals. The Organization also receives in -kind support from Brazos County in the form of two full -time employees. The value of donated services and materials included as contributions in the financial statements and the corresponding expenses for the year ended September 30, 2012 is as follows: Advertising Waste removal Transportation Equipment rental Salaries and benefits $ 53,858 10,728 6,200 10,000 169,136 $ 249,922 Note 6 - Subsequent Events Brazos Valley Fair & Exposition has evaluated subsequent events through January 29, 2013, which is the date the financial statements were available to be issued. See independent auditors' report . 7. Vol. Pg.�_� _1 Woody Thompson. CPA /CFP Ronnie Craig. CPA Dillard Leverkuhn. CPA Andrea Derrig. CPA M 1500 Carter Creek Parkway, Suite 201 Bryan, Texas 778024456 (979) 260 -9696 - Fax (979) 260-9683 email: firm @tdccpa.com To The Board of Directors and Management of Brazos Valley Fair & Exposition P.C. Peggy Adcock, CPA Sandy Beavers, CPA Alline Briers. CPA Gay Vick Craig, CPA Kay Dobbins, CPA Emily Hogan, CPA Lyn Kuciemba, CPA James Larkin, CPA Alice Monroe, CPA Matthew Troxel, CPA Marian Rose Varlsco, CPA Mary Joy Venuii. CPA In planning and performing our audit of the financial statements of Brazos Valley Fair & Exposition as of and for the year ended September 30, 2012, in accordance with auditing standards generally accepted in the United States of America, we considered Brazos Valley Fair & Exposition's internal control over financial reporting (internal control) as a basis for designing audit procedures that are appropriate in the circumstances for the purpose of expressing our opinion on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the Organization's internal control. Accordingly, we do not express an opinion on the effectiveness of the Organization's internal control. Our consideration of internal control was for the limited purpose described in the preceding paragraph and was not designed to identify all deficiencies in internal control that might be material weaknesses or significant deficiencies and, therefore, material weaknesses or significant deficiencies may exist that were not identified. However, as discussed below, we identified a deficiency in internal control that we consider to be a material weakness. A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies in internal control, such that there is a reasonable possibility that a material misstatement of the entity's financial statements will not be prevented, or detected and corrected, on a timely basis. We consider the following deficiency in Brazos Valley Fair & Exposition's internal control to be a material weakness: The internal control structure of Brazos Valley Fair & Exposition does not reliability and consistently produce adjustments to bring the accounting records into alignment with generally accepted accounting principles (GAAP). Management of the organization requested us to assist in identifying adjustments to the accounting records and to prepare a draft of the financial statements, including the related footnote disclosures. The outsourcing of this service is not unusual in organizations of your size and is a result of management's cost benefit decision to use our accounting expertise rather than to incur internal resource costs. For the year ended September 30, 2012, certain adjustments were required to bring the financial statements in compliance with GAAP. Since these adjustments corrected a material misstatement of the financial statements, this deficiency is deemed to be a material weakness. �%� P9• We also became aware of a matter that is an opportunity for strengthening internal controls and operating efficiency. The matter is summarized below. During our testing of expense transactions, we noted numerous instances of the "request for pay" form not having the appropriate authorizing signatures. We recommend that management monitor the use of these forms to ensure that appropriate approvals are obtained prior to issuance of checks. This communication is intended solely for the information and use of management the board of directors, and others within the organization, and is not intended to be, and should not be, used by anyone other than these specified parties. THOMPSON, DERRIG & CRAIG, PC January 29, 2013 Vol. /.,7 pg.- Tiiommon, Derria & Craia, P.C. Ronnie Craig, CPA Dillard Leverkuhn. CPA Andrea Derrig, CPA January 29, 2013 To the Board of Directors Brazos Valley Fair & Exposition 4500 Carter Creek Parkway, Suite 201 Bryon,Texas 77802-4456 (979) 260-9696 - Fax (979) 260-9683 email: firm@tdccpo.com Peggy Adcock, CPA Sandy Beavers, CPA Alline Briers. CPA Gay Vick Craig, CPA Kay Dobbins, CPA Emily Hogan. CPA Lyn Kuciemba, CPA James Larkin, CPA Alice Monroe, CPA Matthew Troxel, CPA Marian Rose Varisco. CPA Mary Joy Venuti, CPA We have audited the financial statements of Brazos Valley Fair & Exposition for the year ended September 30, 2012, and have issued our report thereon dated January 29, 2013. Professional standards require that we provide you with information about our responsibilities under generally accepted auditing standards as well as certain information related to the planned scope and timing of our audit. We have communicated such information in our letter to you dated October 18, 2012. Professional standards also require that we communicate to you the following information related to our audit. Significant Audit Findings Qualitative Aspects ofAccounting Practices Management is responsible for the selection and use of appropriate accounting policies. The significant accounting policies used by Brazos Valley Fair & Exposition are described in Note 1 to the financial statements. We noted no transactions entered into by the Organization during the year for which there is a lack of authoritative guidance or consensus. All significant transactions have been recognized in the financial statements in the proper period. Accounting estimates are an integral part of the financial statements prepared by management and are based on management's knowledge and experience about past and current events and assumptions about future events. Certain accounting estimates are particularly sensitive because of their significance to the financial statements and because of the possibility that future events affecting them may differ significantly from those expected. The most sensitive estimate affecting the financial statements was the value of donated services, which is based on values provided by the donors. We evaluated the key factors and assumptions used to develop the value of donated services in determining that it is reasonable in relation to the financial statements taken as a whole. Difficulties Encountered in Performing the Audit We encountered no significant difficulties in dealing with management in performing and completing our audit. vol - /7(f___ Pg. ��� Corrected Misstatements Professional standards require us to accumulate all misstatements identified during the audit, other than those that are clearly trivial, and communicate them to the appropriate level of management. Management has corrected all such misstatements. The material misstatements shown on the attachment, detected as a result of audit procedures, were corrected by management. Disagreements with Management For purposes of this letter, a disagreement with management is a financial accounting, reporting, or auditing matter, whether or not resolved to our satisfaction, that could be significant to the financial statements or the auditor's report. We are pleased to report that no such disagreements arose during the course of our audit. Management Representations We have requested certain representations from management that are included in the management representation letter dated January 29, 2013. Management Consultations with Other Independent Accountants In some cases, management may decide to consult with other accountants about auditing and accounting matters, similar to obtaining a "second opinion" on certain situations. If a consultation involves application of an accounting principle to the Organization's financial statements or a determination of the type of auditor's opinion that may be expressed on those statements, our professional standards require the consulting accountant to check with us to determine that the consultant has all the relevant facts. To our knowledge, there were no such consultations with other accountants. Other Audit Findings or Issues We generally discuss a variety of matters, including the application of accounting principles and auditing standards, with management each year prior to retention as the Organization's auditors. However, these discussions occurred in the normal course of our professional relationship and our responses were not a condition to our retention. This information is intended solely for the use of the board of directors and management of Brazos Valley Fair & Exposition and is not intended to be, and should not be, used by anyone other than these specified parties. Very truly yours, p THOMPSON, DERRIG & CRAIG, P.C. Client: BV Fair & Expo Engagement: BV Fair 8 Expo Period Ending: 913012012 Workpaper: Corrected misstatements Account Description Adjusting Journal Entries JE # 1 To accrue receivable at 9- 30 -12. 1210 A/R 6115 Rebates Total Adjusting Journal Entries JE # 2 To correct debit balance in payable. 8655 Printing 4010 A/P Total Adjusting Journal Entries JE # 3 To reverse scholarship accrual. 4011 Scholarships Payable 9200 Scholarship Expense Total Adjusting Journal Entries JE # 4 To record PY disbursements to correct category. 2050 Website/Logo 2610 AID 5510 Net assets Total Adjusting Journal Entries JE # 5 To book prepaid at YE. 1300 Prepaid expense 8100 Insurance - General Total Adjusting Journal Entries JE # 6 To record CY depr of website 9856 Depreciation Expense 2610 A/D Total Adjusting Journal Entries JE # 7 To record donated services. Debit 1,260.00 1,260.00 1,225.56 1,225.56 Credit 1,260.00 1,260.00 1,225.56 1,225.56 3,000.00 3,000.00 3,000.00 3,000.00 13, 760.00 13,760.00 1,054.73 1,054.73 2,000.00 2,000.00 Vol. �%� Pg.�� 333.00 13,427.00 13,760.00 1,054.73 1,054.73 2,000.00 2,000.00 Attachment Client: BV Fair 8 Expo Noncurrent assets Engagement: BV Fair 8 Expo 1,774.44 Period Ending: 913012012 Workpaper. Corrected misstatements (251,181.97) Account Description Debit 7100 Advertising 53,858.00 8801 Rent - Equipment 10,000.00 9000 Salaries and Benefits 169,136.11 9400 Vehicle Exp 6,200.00 9800 Waste Removal 10,727.86 5725 Contributed Services Total 249,921.97 Summary Current assets 2,314.73 Noncurrent assets 11,427.00 Current liabilities 1,774.44 Net assets (13,427.00) 2,089.17 Revenue (251,181.97) Expenses 249,092.80 (2,089.17) Unadjusted change in net assets 59,145.32 Adjusted change In net assets 61,234.49 Vol. Credit 249,921.97 249,921.97 Attachment