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Home My WebLink About2013-05-21-10:00AM-REGULAR MEETINGBRAZOS COUNTY BRYAN,TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON MAY 21, 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 Catalena 2. Call for Citizen input and /or concerns. Consider and take action on agenda items 3 -17: 3 Ej 5. I Resolution 13 -009 for the approval of the submission of grant application number 1803309 to the Office of the Governor. Criminal Justice Division for the Brazos County Drug Court. Consider and take Possible action on a proposed amendment to the TIRZ # 23 Project and Financial Plan. 7, Amendment for contract Indexing and Imaging Services for County Clerk 8, Permission to advertise RFP # 2013 -59. Construction of Rock Lot. 9, Reaulsitlon #00042675 to Lone Star Uniforms In the amount of $1.090.00 of (2) body armor vest for Brazos County Juvenile Services. State contract purchase TXXAS- 944010. 10, Contract and capital reguisition #00042664 to Kellen Commercial Interior in the amount of $18.659.00 v for the purchase of carpet at Juvenile. 11. 12. 13. 14. Tax Refund Applications for the following: • a. US Bank Home Mortgageoverpavment•$3548.33 15. Budget Amendments. Budget Amendments FY 12/13 33.1 thru_33_.4 16. Personnel Change of Status. Personnel Action Forms 17. Payment of Claims. 18. Acknowledgement of Aggieland Humane Society's Independent Auditors' Report and Financial Statements as of September 30, 2012. 19. Sheriff's report on inmate population. 20. Announcement of interest items and possible future agenda topics. 21. Call for Citizen input and/or concerns. 22. Adjourn. Vol. _�7� Pg —�_ -� PUBLIC COMMENTS Public Comment during the Commission Meeting may be for all matters, both on and off the agenda, and be limited to four minutes per person. Persons are invited to submit comments in writing on the agenda items and /or attend and make comment at the Commission meeting. Members of the public are reminded that the Brazos County Commissioners Court Is a Constitutional Court, with both judicial and legislative powers, created under Article V, Section 1 and Section 18 of the Texas Constitution. As a Constitutional Court, the Brazos County Commissioners Court also possesses the power to issue a Contempt of Court Citation under Section 81.024 of the Texas Local Government Code. Accordingly, members of the public in attendance at any Regular, Special and/or Emergency meeting of the Court shall conduct themselves with proper respect and decorum in speaking to, and /or addressing the Court; in participating in public discussions before the Court; and in all actions in the presence of the Court. Those members of the public who are inappropriately attired and/or who do not conduct themselves In an orderly and appropriate manner will be ordered to leave the meeting. Refusal to abide by the Court's Order and/or continued disruption of the meeting may result in a Contempt of Court Citation. It is not the intention of the Brazos County Commissioners Court to provide a public forum for the demeaning of my individual or group. Neither is it the intention of the Court to allow a member (or members) of the public to insult the honesty and/or integrity of the Court, as a body, or any member or members of the Court, or County employees, individually or collectively. Accordingly, profane, insulting or threatening language directed toward the Court and /or any person in the Court's presence and/or racial, ethnic or gender slurs or epithets will not be tolerated. Violation of these rules may result in the following sanctions: 1. cancellation of a speaker's time; 2. removal from the Commissioners Court; 3. a Contempt Citation; and/or 4. such other and /or criminal sanctions as may be authorized under the Constitution, Stables and Codes of the State of Texas. The County Commissioners Court can deliberate or take action only it a matter has been listed on an agenda property 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 7 551.042. INVOCATION Any invocation that may be offered before the official start of the Court meeting shall be to and for the benefit of the Court. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Court and do not necessarily represent the religious beliefs or views of the Court in part or as a whole. No member of the community is required to attend or participate in the invocation and such decision will have no impact on their right to actively participate in the business of the Court. The Commissioners Courtroom of the County Administration Building, 200 South Texas Ave., Suite 106, Bryan, TX 77803 is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two working days before the meeting. To make arrangements, please call (979) 3614102. Vol, P9._,�� BRAZOSCOUNTY BRYAN,TEXAS MINUTES May 21, 2013 BRAZOS COUNTY COMMISSIONERS COURT REGULAR MEETING 10 Sionature Paae.odf lb File Stamped Aaenda.odf 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, May 21, 2013 with the following members of the Court present: Duane Peters, County Judge, Presiding; Lloyd Wassermann, Commissioner of Precinct 1; Sammy Catalena, Commissioner of Precinct 2; Kenny Mallard, Commissioner of Precinct 3; Irma Cauley, Commissioner of Precinct 4; Karen McQueen, County Clerk. The attached sheets contain the names of the citizens and officials that were in attendance. Invocation and Pledge of Allegiance - U.S. and Texas Flag - Chaplain G.H. Jones and Commissioner Catalena 2. Call for Citizen input and /or concerns. There was no citizen's input. Consider and take action on agenda items 3 -17: Vol _�7� P9•_ �. 3. Resolution 13 -009 for the approval of the submission of grant application number 1803309 to the Office of the Governor, Criminal Justice Division for the Brazos County Drug Court. 0 Item 3.odf Resolution 13 -009 was approved contingent on correcting Commissioner Cauley's name on the resolution. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . 4. Request approval to wire transfer up to $17,500 to Texas Health and Human Serivices Commission ( HHSC) as part of the Texas Healthcare Transformation and Quality Improvement Program 1115 Waiver. This intergovernmental transfer (IGT) will provide matching funds to College Station Medical Center for indigent health care costs under the Uncomenpensated Care pool of funds. ID Item 4.odf Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters, Wassermann . 5. Request approval to wire transfer up to $300,000 to Texas Health and Human Serivices Commission ( HHSC) as part of the Texas Healthcare Transformation and Quality Improvement Program 1115 Waiver. This intergovernmental transfer (IGT) will provide matching funds to St. Joseph for indigent health care costs under the Uncomenpensated Care pool of funds. 0 Item 5.Ddf Motion: Approve , Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters, Wassermann . 6. Consider and take possible action on a proposed amendment to the TIRZ # 22 Project and Financial Plan. ID Item 6.Ddf A copy is attached. Let the minutes reflect that it is TIRZ #22 rather than #23 as noted on the agenda. Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . Amendment for contract, Indexing and Imaging Services for County Clerk. 0 Item 7.Ddf The Amendment to contract for indexing and imaging services with Government Records Services, Inc. for the County Clerk was approved as submitted. A copy is attached. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann . 8. Permission to advertise RFP # 2013 -59, Construction of Rock Lot. Item S.odf Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by FO. P9• -� Z Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters, Wassermann . 9. Requisition #00042675 to Lone Star Uniforms in the amount of $1,090.00 of (2) body armor vest for Brazos County Juvenile Services. State contract purchase TXMAS -9- 84010. 0 Item 9.0f Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters, Wassermann. 10. Contract and capital requisition #00042664 to Kellen Commercial Interior in the amount of $18,659.00 for the purchase of carpet at Juvenile. >) Item 10.odf Motion: Approve , Moved by Commissioner Kenny Mallard, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley , Mallard , Peters , Wassermann. 11. Consider and take action on the Verizon Communications utility permit to construct 1 1/2" road bore under Grassbur Road. This project will provide telephone service to customer at address #10046. Site is located in Precinct 2. A Item 11.odf Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters, Wassermann . 12. Consider and take action on the Verizon Communications utility permit to install cable within and along the east right -of -way of Riley Road for 250'. This project will provide telephone service to customer at address #8395. Site is located in Precinct 2. 0 Item 12.odf Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . 13. Consider and take action on the Wickson Creek SLID utility permit to construct 1 1/2' road bore under Rainbow Trail. This project will provide water service to customer at address #4111. Site is located in Precinct 2. 0 Item Modf Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley , Mallard, Peters , Wassermann . 14. Tax Refund Applications for the following: D- Item 14.odf . a. US Bank Home Mortgage- overpayment - $3548.33 Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters, Wassermann . 15. Budget Amendments. FvoT7/1-f--- Pg- ✓ Z_ Budget Amendments FY 12/13 33.1 thru 33.4 0 Item 15.Ddf 33.1 Reallocate funds for Justice of the Peace Precinct 4 33.2 Reallocate funds for TJPC - State Aid and Juvenile Title IV -E 33.3 Reallocate funds for Juvenile Services- Detention and TJPC -State Aid 33.4 Transfer funds from General fund Contingency to Constable Precinct 2 Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, , Mallard , Peters , Wassermann . 16. Personnel Change of Status. Personnel Action Forms W Item 1 . A copy of the personnel Change of Status Requests is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, , Mallard, Peters, Wassermann . 17. Payment of Claims. It Claims Sheet.Ddf 10 BILL LIST 05.21.13.Dd1 7110247 through 7110481 Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, , Mallard, Peters, Wassermann. 18. Acknowledgement of Aggieland Humane Society's Independent Auditors' Report and Financial Statements as of September 30, 2012. 0 Item 18.pdf The Court acknowledged receipt of the independent auditor's report and financial statements. 19. Sheriff's report on inmate population. Sheriff Chris Kirk stated there were 596 inmates in jail, 51 have electronic monitors and 21 are pending for monitors. Chief Deputy Jim Stewart introduced three interns from the George Bush School that will be helping with budget, policies, etc. this summer. 20. Announcement of interest items and possible future agenda topics. There were no announcements. 21. Call for Citizen input and/or concerns. Eric Caldwell, Chief Information Officer of the IT Department updated the Court on a project to phase out radios. He was planning to do so slowly but it appears it is a more urgent request now to switch to LTE radios. He will be asking for money to do so in his Pg. -) budget. He continued saying that this will be a mass conversion. 22. Adjourn. Vol. / % / pg._:/ L The foregoing minutes of the Commissioners Court meeting held May 21, 2013 have been examined and are approved in open Court this d$ day of 2013, in Bryan, Brazos County, Texas. I p 9Z4-�-- Duane Peters County Judge jm2v X7 y Ca ena Commissi ner, Precinct 2 Commissioner, Precinct 4 Attest: T�.K vv Lloyd Fassermann Commissioner, Precinct 1 Kenny Mallard Commissioner, Precinct 3 Vol l 71 Page . Z-Z BRAZOS COUNTY COADUSSIONERS ��COURT Meeting on G � @ —6 (E /� PAGE, I of v 7yr pg. BRAZOS COUNTY COMMISSIONERS COURT Meeting on 3, L PAGE Z of Z vo; /L_ P9•__�Z� - r I a/D.. 1. I 1 1 PAGE Z of Z vo; /L_ P9•__�Z� Brazos County Bryan, TX RESOLUTION WHEREAS, the Brazos County Commissioners Court finds it in the best interest of the citizens of Brazos County that the Brazos County Drug Court be operated for the 2014 Fiscal Year, September 1, 2013 — August 31, 2014; and WHEREAS, the Brazos County Commissioners Court agrees that in the event of loss or misuse of the Criminal Justice Division funds, the Brazos County Commissioners Court assures that the funds will be returned to the Criminal Justice Division in full; and WHEREAS, the Brazos County Commissioners Court designates the Director of the Brazos County Community Supervision and Corrections Department as the authorized official for this grant. The authorized official is given the power to apply for, accept, reject, alter or terminate the grant on behalf of the applicant agency. NOW THEREFORE, BE IT RESOLVED that the Brazos County Commissioners Court approves submission of grant application number 1803309 for the Brazos County Drug Court to the Office of the Governor, Criminal Justice Division. Passed and approved this O ! day of 2013 gn I by Duane Peters, County ge Lloyd Wassermann, Precinct 1 Commissioner Grant Application Number: 1803309 ,Vol _ �! �. P9• ORDER 13 -002 APPROVING THE AMENDMENT OF THE PROJECT PLAN AND FINANCING PLAN FOR REINVESTMENT ZONE NUMBER 22, CITY OF BRYAN, TEXAS WHEREAS, the City Council of the City of Bryan, Texas (the "City Council ") has created, as authorized by the Tax Increment Financing Act, Chapter 311 of the Texas Tax Code, Vernon's Texas Codes Annotated (the "Act "), a tax increment reinvestment zone within the City designated "Reinvestment Zone Number 22, City of Bryan, Texas" (the "Zone "); and, WHEREAS, the Act provided for the implementation of a project plan and reinvestment zone financing plan as well as amendments to the Plan (collectively the "Plan ") for the Zone; and, WHEREAS, Brazos County, Texas ( "Brazos County ") acting by and through its governing body, the Commissioners Court, entered into an Interlocal Agreement ( "ILA ") with the City on May 7, 2007, which provides, in Section 4, that Brazos County shall be permitted to review and approve the original Plan and any amendment of the Plan before the Plan is submitted to the City for approval; and, WHEREAS, the Board of Directors of the Zone have recommended that the Plan be amended to provide that additional "Project Costs" be funded; and, WHEREAS, the City of Bryan staff have determined that it is necessary and advisable to consider adding additional Project Costs for the Zone and to amend the Plan to reflect the additional Project Costs; and, WHEREAS, in accordance with the ILA, the City of Bryan staff have sought the review and approval of Brazos County prior to the submittal of the amended Plan to the City; and, WHEREAS, Brazos County, after consideration and review of the proposed amendment to the Plan has determined that it will approve an amendment to the Plan that provides for the hiring of a consultant to review the Plan and make recommendations to subsequent amendments to the Plan, adding additional Project Costs for the Zone. Page 1 Vol. i79 pg. /3n NOW, THEREFORE, BE IT ORDERED BY THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS: That the County hereby approves an amendment to the Plan for an amount not to exceed TWENTY -FIVE THOUSAND and no /1.00 DOLLARS ($25,000.00) to be used for the hiring of a consultant to review and make recommendations on the project and finance plans. 2 APPROVED, this Si' day o 120 13 . Duane Peters County Judge Lloyd Wassermann ammy Catalena Commissioner, Precinct 1 mmissi Precinct 2 Kenn Ilard u�y Commissioner, Precinct 3 Commissioner, Pre nct ATTEST: Karen McQueen County Clerk Page 2 IVol. pg� FIRST AMENDMENT FOR FULL SERVICE COMPUTERIZED INDEXING, OPTICAL IMAGING SYSTEMS AND SERVICES FOR VITAL AND BRAZOS PROPERTY RECORDS, BRAZOS COUNTY, TEXAS STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF BRAZOS This First Amendment for Full Service Computerized Indexing, Optical Imaging Systems and Services for Vital and Brazos Property Records (herein the "Contract"), is made and entered into by and between BRAZOS COUNTY, TX, a political subdivision of the State of Texas, on behalf of its County Clerk, hereinafter referred to as "Client ", and GOVERNMENT RECORDS SERVICES, INC, a Delaware corporation with offices located at 8600 Harry Hines Blvd., Suite 300, Dallas, Texas 75235, hereinafter referred to a "Provider ". RECITALS WHEREAS, Client and the Provider entered into a Contract for microfilming, indexing and storage and maintaining on -line Brazos Property Records and Vital Statistics Records of Brazos County, Texas on January 26, 2010. WHEREAS, the current services contract and this amendment are written in Provider's entity name GOVERNMENT RECORDS SERVICES, INC. which was acquired by Xerox Corporation and currently operate under GOVERNMENT RECORDS SERVICES, INC., a division of Xerox State and Local Solutions Inc., and - WHEREAS, GOVERNMENT RECORDS SERVICES, INC. is authorized to utilize Xerox State and Local Solution's the State of Texas Department of Information Resources (DIR) state contract SDD 1647, and WHEREAS, the original Contract still has nineteen (19) months remaining on its original term; and WHEREAS, County Clerk wishes to continue the records preservation and automation projects outlined in the County Clerk Records Management Plan approved by Commissioner's Court in October 2009 by continuing the preservation, conversion and the computerized re- indexing of the historical Brazos property records; and WHEREAS, Phase I of said Records Management Plan has been completed and County Clerk has funding in place to begin Phase II which will consists of computerizing the Brazos property records from 1966 to 1956. - - -- --r -- Vol. Z71? Pg._ WHEREAS, the parties wish to amend their current Contract to provide for continuing to automate and preserve Brazos County Brazos property records. NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS that for and in consideration of the upgrade in services the parties agree to the terms and conditions set forth herein. All terms and conditions of the contract remain in place unless stated in this amendment. CONSIDERATION Client agrees to continue to pay for Provider's automation services with funding included in the existing services agreement that is currently in place through January 20, 2015. These services are described, as follows: • See Exhibit "A" attached — Pricing and Description of Systems and Services. Exhibit A is attached hereto and made a part hereof for all purposes. DURATION This Amendment shall commence immediately upon execution and shall expire concurrently with existing services agreement at midnight on January 26, 2015, subject to the annual appropriation of currently available funds by the Brazos' County Commissioners Court. Client shall have three twelve month renewal options to commence upon expiration of the previous term upon the same terms and conditions stated herein. The Client shall notify the Provider in writing of its decision to exercise this option 30 days prior to the expiration of the original term. Such renewal terms shall be upon the same terms and conditions as set forth herein. EXECUTED in two (2) originals in Brazos County, Texas on this the day of .2013. CLIENT: Brazos County, Texas Brazos County Courthouse 30 `h Sr t , a B an, Te 803 By: E. Duane Peters, Coun Judge Acting on behalf of, and by the authority of The Commissioners Court of Brazos County, Texas PROVIDER: Government Records Services, Inc. 8600 Harry Hines Blvd., Suite 300 Dallas, Texas 75235 By: Hubert P. Auburn, Vice President 2 Vol. /79 Pg._. �� ATTEST: re 1074 � t�� Karen McQueen, Brazos County Clerk EXHIBIT A Pricing and Service Description Electronic conversion and computerized re- indexing of Brazos Property Records includes importing to ACS 20/20 Perfect Vision computer system and any hardware upgrades to maintain systems performance. This service will be invoiced at $2.30 per each instrument converted and re- indexed regardless of the number of pages or grantor /grantees. Payment for these services will continue per the existing agreement and utilize funding approved in current agreement for Records Management Plan projects. There are approximately 78,602 instruments to be converted and re- indexed from 1966 to 1956. This project will take approximately 19 months to complete utilizing records management/archive fee established in September 2009 by Brazos County Commissioner's Court and is consistent with Brazos County Clerk's 2009 Records Management Plan. ACS will convert approximately 4,137 previously filed instruments per month for 19 months. The conversion will begin with filing year 1966 and work backwards through 1956. This project will begin in May 2013 and be invoiced at $9,515 per month until existing agreement expiration January 26, 2015 The overall goals of this records management and automation project are: • Continue to modernize and upgrade systems in your office. • Continue to add records and information to records management computer system. • Eliminate or reduce manual lookups and searches. • Expedite record searching by making more records available for electronic retrieval. • Continue to eliminate the need for paper records. • Preserve original records by reducing daily usage. • Reclaim much needed space in the public records area. On -Site Scanning and /or Microfilm Conversion of Original Records • On site scanning of original record books. (1966 to 1956) • Digital conversion of existing microfilm Vol. % P9, • ACS will utilize existing Deed Record microfilm/images where possible. • Preparation of record books for scanning. • Visual quality checks of each converted image. • Individual images enhanced and reversed as required. • Index each image by book/volume/page and instrument number. • Computer check for missing pages. • Includes hardware /server upgrades to store and process the new images. • Project Management. • Final images will be matched to re- indexed data and imported to Brazos County ACS 20/20 server. Brazos Property Computerized Re- indexine • Records will be re- indexed using the same quality and data entry standards as current indexing format. • Re- indexed records will be imported and merged to the ACS 20/20 computer system. • Re- indexed records will be printed and installed in new binders. • Any missing instruments will be researched/verified and reported. • All new data (index and images) imported to Brazos internet site. • Project management through completion. These services and products are priced utilizing the ACS Texas Department of Information Resources State contract number DIR -SDD -1647. This State of Texas contract allows counties to purchase through the Department of Information Resources and the ACS awarded contract pricing. Information regarding this contract can be found on the DIR website: (htto / /www2 dir state tx us/ict/contracts/Pages/Details.aspx?dir contract number —DIR -SDD- 1647). 4 FIRST AMENDMENT FOR FULL SERVICE COMPUTERIZED INDEXING, OPTICAL IMAGING SYSTEMS AND SERVICES FOR VITAL AND BRAZOS PROPERTY RECORDS, BRAZOS COUNTY, TEXAS STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF BRAZOS This First Amendment for Full Service Computerized Indexing, Optical Imaging Systems and Services for Vital and Brazos Property Records (herein the "Contract "), is made and entered into by and between BRAZOS COUNTY, a political subdivision of the State of Texas, on behalf of its County Clerk, hereinafter referred to as "Client ", and ACS STATE & LOCAL SOLUTIONS, INC., a New York corporation„ n/k/a ACS /Government Records Management, 2800 W. Mockingbird Lane, Dallas, Texas 75235, hereinafter referred to a "Provider ". RECITALS WHEREAS, Client and the Provider entered into a Contract for microfilming, indexing and storage and maintaining on -line Brazos Property Records and Vital Statistics Records of Brazos County, Texas on January 26, 2010. WHEREAS, the original Contract still has nineteen (19) months remaining on its original term; and WHEREAS, County Clerk wishes to continue the records preservation and automation projects outlined in the County Clerk Records Management Plan approved by Commissioner's Court in October 2009 by continuing the preservation, conversion and the computerized re- indexing of the historical Brazos property records; and WHEREAS, Phase I of said Records Management Plan has been completed and County Clerk has funding in place to begin Phase II which will consists of computerizing the Brazos property records from 1966 to 1956. WHEREAS, the parties wish to amend their current Contract to provide for continuing to automate and preserve Brazos County Brazos property records. NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS that for and in consideration of the upgrade in services the parties agree to the terms and conditions set forth herein. All terms and conditions of the contract remain in place unless stated in this amendment. �` CONSIDERATION Client agrees to continue to pay for Providers automation services with funding included in the existing services agreement that is currently in place through January 20, 2015. These services are described, as follows: • See Exhibit "A" attached — Pricing and Description of Systems and Services. Exhibit A is attached hereto and made a part hereof for all purposes. DURATION This Amendment shall commence immediately upon execution and shall expire concurrently with existing services agreement at midnight on January 26, 2015, subject to the annual appropriation of currently available funds by the Brazos County Commissioners Court. Client shall have three twelve month renewal options to commence upon expiration of the previous term upon the same terms and conditions stated herein. The Client shall notify the Provider in writing of its decision to exercise this option 30 days prior to the expiration of the original term. Such renewal terms shall be upon the same terms and conditions as set forth herein. EXECUTED in two (2) originals in Brazos County, Texas on this the day of .2013. CLIENT: Brazos County, Texas Brazos County Courthouse 300 E. 26'" Street, #120 Bryan, Texas 77803 0 E. Duane Peters, County Judge Acting on behalf of, and by the authority of The Commissioners Court of Brazos County, Texas ATTEST: Karen McQueen, Brazos County Clerk PROVIDER- ACS/Government Records 8600 Harry Hines Blvd., Suite 300 Dallas, Texas 75235 0 Bert Auburn ACS Vice President i Viii. ` l EXIIIBIT A Pricing and Service Description Electronic conversion and computerized re- indexing of Brazos Property Records includes importing to ACS 20/20 Perfect Vision computer system and any hardware upgrades to maintain systems performance. This service will be invoiced at $2.30 per each instrument converted and re- indexed regardless of the number of pages or grantor /grantees. Payment for these services will continue per the existing agreement and utilize funding approved in current agreement for Records Management Plan projects. There are approximately 78,602 instruments to be converted and re- indexed from 1966 to 1956. This project will take approximately 19 months to complete utilizing records management/archive fee established in September 2009 by Brazos County Commissioner's Court and is consistent with Brazos County Clerk's 2009 Records Management Plan. ACS will convert approximately 4,137 previously filed instruments per month for 19 months. The conversion will begin with filing year 1966 and work backwards through 1956. This project will begin in May 2013 and be invoiced at $9,515 per month until existing agreement expiration January 26, 2015 The overall goals of this records management and automation project are: • Continue to modernize and upgrade systems in your office. • Continue to add records and information to records management computer system. • Eliminate or reduce manual lookups and searches. • Expedite record searching by making more records available for electronic retrieval. • Continue to eliminate the need for paper records. • Preserve original records by reducing daily usage. • Reclaim much needed space in the public records area. On -Site Scannine and/or Microfilm Conversion of Orieinal Records • On site scanning of original record books. (1966 to 1956) • Digital conversion of existing microfilm • ACS will utilize existing Deed Record microfilm/images where possible. • Preparation of record books for scanning. • Visual quality checks of each converted image. • Individual images enhanced and reversed as required. • Index each image by book/volume/page and instrument number. • Computer check for missing pages. • Includes hardware/server upgrades to store and process the new images. • Project Management. • Final images will be matched to re- indexed data and imported to Brazos County ACS 20/20 server. Vol. __ // / p9•._. r . o Brazos Property Computerized Re- indeaine • Records will be re- indexed using the same quality and data entry standards as current indexing format. • Re- indexed records will be imported and merged to the ACS 20/20 computer system. • Re- indexed records will be printed and installed in new binders. • Any missing instruments will be researched/verified and reported. • All new data (index and images) imported to Brazos internet site. • Project management through completion. These services and products are priced utilizing the ACS Texas Department of Information Resources State contract number DIR -SDD -1647. This State of Texas contract allows counties to purchase through the Department of Information Resources and the ACS awarded contract pricing. information regarding this contract can be found on the DIR website: (hU://www2.dir.state.tx.us/icUcontracts/PagesiDetails.aspx9dir contract number= DJR- SDD- l647). 4 I CONTRACT FOR FULL SERVICE COMPUTERIZED INDEXING, OPTICAL IMAGING SYSTEMS AND SERVICES FOR VITAL AND REAL PROPERTY RECORDS, BRAZOS COUNTY, TEXAS STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: • AlM • • This Contract for Full Service Computerized Indexing, Optical Imaging Systems and Services for Vital and Real Property Records (herein the "Contract"), is made and entered into by and between BRAZOS COUNTY, a political subdivision of the State of Texas, on behalf of its County Clerk, hereinafter referred to as "Client" or "Brazos County ", and GOVERNMENT RECORDS SERVICES, INC., 2800 W. Mockingbird Lane, Dallas, Texas 75235, hereinafter referred to a "Provider ", individually referred to as "party" and collectively as "parties ". RECITALS WHEREAS, Provider provides microfilming, digital imaging, indexing and storage and maintaining on -line Real Property Records and Vital Statistics Records for various counties throughout the State of Texas; and WHEREAS, Brazos County wishes for Provider to microfilm, digitize, index, store and maintain Brazos County Records on -line. NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS that for and in consideration of the services and product stated herein the parties agree to the terms and conditions set forth herein. CONSIDERATION Client agrees to pay for Real Property Recording, Full- Service Computerized Indexing, and Digital Imaging Systems and Internet Services, as those services are specifically described in this Contract and the Exhibits attached hereto, as follows: See Exhibit "A" attached' — Pricing of Systems and Services See Exhibit "B" attached — Equipment See Exhibit "C" attached — Description of Processing See Exhibit "D" attached — Description of Computerized Indexing System ACSB=w CC, TX- I,sa0ffAvvv wN 7010.doc Vol. Pg. 1� Pays I o111 See Exhibit "E" attached — Description of Microfilm Conversion, Loading, Linking to Real Property Computer System Exhibits A, B, C, D and E are attached hereto and made a part hereof for all purposes. The costs of the systems and services described herein have been negotiated by the Department of Information Resources of the State of Texas. These negotiated prices are offered to Brazos County through the Department of Information Resources Contract # SSD -1010. DURATION This Contract shall commence on 2010 (signing date) and shall expire 5 years from signing date or on 2015 subject to the annual appropriation of currently available funds by the Brazos County Commissioners Court. Client shall have three consecutive twelve month renewal options to commence upon expiration of the previous tens upon the same terms and conditions then in effect. The Client shall notify the Provider in writing of its decision to exercise this option 30 days prior to the expiration of the original term or a renewal term. Such renewal terms shall be upon the then existing terms and conditions. CONFLICT OF INTEREST No public official shall have interest in this Contract, in accordance with Vernon's Texas Codes Annotated Local Government Code Title 5, Subtitle C, Chapter 171, CONFIDENTIALITY All information disclosed by Client to Provider for the purpose of the work and services to be done in performance of the Contract, or information that comes to the attention of the Provider during the course of performing such work is to be kept strictly confidential. Provider shall not publish, distribute, or reproduce in any way the Client's records without the express written authorization of the Brazos County Clerk. SYSTEM AND PROCESS Provider represents that the mechanical process to be used to create the records to be imaged and stored hereunder is as set forth on Exhibit "C ". Provider further warrants and represents that the indexing system to be leased hereunder shall conform to the specifications and descriptions set forth in Exhibit "D ". ACST& CC, 7X -hwgmg Aiva w2010.da 7 �J' - Page 2 of 11 8_ 1 _. I _ 'T.v No oral statement of any person shall modify or otherwise change, or affect the terms, conditions or specifications stated in the Contract. All change orders to the Contract shall be made in writing and signed by both parties. Either party may request a change order. Within 5 days of receiving or initiating a written change order, Provider will prepare a written cost estimate and schedule for the requested change to Client. All technology or service related change orders shall be agreed to by Provider and the County Clerk. If a change order effects the cost of the Contract, or any term not described above, such change order must be submitted to the County Commissioners Court for approval. Such change order shall be considered at the next regularly scheduled Commissioners Court hearing after such change order is submitted and for which adequate notice is possible under the Texas Open Meetings Act. ASSIGNMENT The Provider shall not sell, assign, transfer or convey to any third -party this Contract in whole or in part, without the prior written consent of the Brazos County Commissioners Court. INDEMNIFICATION Provider shall defend, indemnify and hold harmless Brazos County and all of its officers, agents and employees from all suites, actions, or other claims of any character, name and description brought for or on account of an injuries or damages received or sustained by any person, persons, or property on account of any negligent act or fault of the Provider, or of any agent, employee, subcontractor or supplier in the execution of, or performance of this Contract. Provider shall pay any judgment with costs which may be obtained against Brazos County growing out of such injury or damages. SALES TAX Brazos County is by statute exempt for the State Sales Tax and Federal Excise Tax; therefore, the price shall not include taxes. DESIGN, STANDARDS, AND PRACTICES Services to be furnished by Provider must conform to the highest standards of practices in the industry. The digitized microfilm to be processed pursuant to this Contract shall meet the highest standards of the industry and shall conform to the standards adopted subsequent to the date of this Contract, if any, by the American National Standard's Institute and/or the Texas State Library and Archive Commission. AC&Br CC. rX•lw&fAg Te w2010.daa Page 3 of 11 COMPLIANCE WITH GOVERNING LAWS All services. provided for herein must comply with all federal, state, county and local laws governing or covering the type of services included in this Contract. PATENTS /COPYRIGHTS If any claim is asserted or action or proceeding brought against the Client which alleges that all or any part of the software provided hereunder in the form supplied by Provider, or the Client's authorized use thereof, infringes or misappropriates any United States copyright or patent, or any trade secret, license, grant, or other proprietary right, the Client shall give Provider prompt written notice thereof. Provider shall defend any such claim or action with counsel of Provider's choice and at Provider's expense and shall indemnify the Client for any costs, including reasonable attorney's fees, incurred by the Client in connection therewith. The Client shall cooperate fully with and may monitor Provider in the defense of any claim, action or proceeding and will make employees available as Provider may reasonably request with regard to such defense, subject to the reimbursement by Provider of all reasonable costs and expenses occasioned by Client's cooperation in such defense. If the software provided by Provider is, in either Client's or Provider's opinion likely to become or does become the subject of a claim of infringement or misappropriation of a copyright, patent, trade secret or other contractual or proprietary right, or if 'a temporary restraining order or other injunctive relief is entered against the use of part of or all of the software, Provider shall at its sole cost and expense select one of the following remedies, which selection shall be in Provider's sole discretion: 1. Promptly replace the software with a compatible functionally equivalent, noninfringing and/or nonrestrained software; or 2. Promptly modify the software to make it noninfringing; or 3. Promptly procure the right of the Client to use the software as intended. Notwithstanding any provision in this Contract to the contrary, Provider will not be responsible for indemnifying Client in the event that the Provider's software has been modified by Client or a third party without the prior written consent of Provider. INSURANCE Provider shall, at all times, maintain sufficient insurance coverage to protect Client from all reasonable loss by liability claims arising out of Provider's performance or lack of performance of this Contract. if Provider materially changes or cancels any insurance policy required by this Contract, Provider shall give Client prompt written notice of same. ACSIB=j CC. 7X- rmaging.4grermrW2olodbe ________._ Page l of 21 ��/ P9• Upon request, Provider will provide evidence of coverage on a standard ACORD form certificate ofinsurance. INVOICES Invoices shall be mailed directly to: Honorable Karen McQueen Brazos County Clerk Brazos County Courthouse 300 E. 26h Street, # 120 Bryan, Texas 77803 The invoices shall show: 1. Name and address of Provider. 2. Detailed breakdown of all charges for the services or products delivered stating any applicable period of time. Invoices shall be based upon actual services rendered and actual hours of performance and/or products delivered. PAYMENT Agreed payments will be made by Client to Provider upon receipt and acceptance by Client of all completed services and/or products ordered and receipt of a valid invoice in accordance with V.T.C.A., Government Code Section 2251.021. Client agrees to pay late charges of one and one half percent (1.5 %) of any balance due to Provider that is outstanding for more than thirty (30) calendar days. DELIVERY OF HARDWARE EQUIPMENT Provider shall replace the computer hardware and other equipment currently in use by Client with the hardware and equipment set forth on Exhibit "B" and thereafter as may be needed due to hardware or equipment failure, on Client's premises for use of Client during the term of this Contract. Subject to the terms hereof, the title and possession of the hardware and other equipment famished by Provider shall at all times, after delivery to Client, be and remain the sole and exclusive property of Provider. Provider shall permit the use and operation of the equipment currently being leased by Client from Provider simultaneously with the new equipment for as long as 3 weeks as a back -up ACSBr=m CC, TX- bw&g AVWn Ht 2010.dx Pars of 21 wul. - pg._�_!� I system until the Client is assured the new equipment is working properly. Such old equipment will continue in use during that time at no additional cost to the Client. The hardware and equipment furnished Client according to this Contract shall not be used by Client during the time period of this Contract except in the furtherance and performance of the specific terms of this Contract. Any operating software that Provider has received from the manufacturer of the hardware or vendor of the hardware shall be delivered to Client for its use, subject to the rights retained in such operating software and restrictions set forth by such manufacturer or vendor and shall at all times remain the property of Provider. Provider, or its vendor(s), retains all proprietary right to such operating software. Upon the availability of the new equipment to Provider, Provider shall schedule Client for System Installation. Provider will give Client an estimate time and schedule for installation. Provider shall use its best effort to perform in a timely manner. SITE PREPARATION Client will provide at its own expense a site adequate in space and design for the installation and operation of the hardware. Client shall be responsible to provide (i) a site that is temperature - controlled (ii) has the necessary electrical outlet, circuits, and wiring for the hardware, and electric current of sufficient quality and quantity to operate the hardware, and (iii) cooperate with Provider in making arrangements with the local phone carrier for installation of a DSL, ISDN or phone line to the County Courthouse. Any charges due to the phone carrier for installation and monthly service charges shall be at Provider's expense. Client shall be responsible, at its cost, for the proper cabling and wiring of the County Clerk's Office with cabling sufficient to operate the system described herein. Provider shall notify the Client of the type and quality of cabling required to service the equipment. Provider has no duty to prepare the site for installation of the hardware, except as provided above, but does have a duty to give notice to Client of any inadequate conditions which it finds regarding the site. INSTALLATION AND TRAINING Provider shall have the duty to install or reinstall, if necessary, the hardware at the site designated by Client. Provider shall also have the duty to provide the adequate and necessary training, as determined in Client's sole judgment, of Client's employees for the operation of the above described hardware and for the understanding of the use of the software. If requested by Client, Provider will furnish additional training at Client's site to compensate for any employee turnover or software upgrade, and to ensure Client's ability to fully utilize all hardware provided. All installation and training is included in the prices set forth in Exhibit "A ". ACS/ =CC, TX- 1magmg,4Vv, nr701ada 17,5F Page C of 21 LICENSE Provider grants to Client the non - exclusive, nontransferable, revocable right to use the software provided under this Contract during the term of this Contract; such right specifically excludes the right of Client to sublicense, assign, or sublease any of its right hereunder without express written consent of Provider. Client agrees that the software products licensed herein are proprietary, and that Provider or the owner of the licensed software products retains ownership of all rights, title and interest of its licensed software products. Provider agrees to provide all updates of the Software described herein at no additional charge. All enhancements made on behalf of Client by Provider will be proprietary to Provider. TERMINATION FOR BREACH OR DEFAULT BY ACS If ACS materially breaches any of the terms and conditions set forth in this Agreement or fails to perform the obligations set forth in this Agreement and fails to cure the breach or failure within forty -five (45) calendar days (or other reasonable period stated in the notice) after receipt of written notice specifying the basis for the breach or failure to perform, Client may terminate this Agreement. Termination by Client shall be effective upon delivery of final payment to ACS of all sums due under this Agreement to the effective date of the termination. Client agrees to discontinue use of all hardware, software, and other ACS -owned materials no later than the effective date of termination and return the hardware, software, and other ACS -owned materials to ACS within thirty (30) calendar days after termination. TERMINATION FOR BREACH OR DEFAULT BY CLIENT If Client materially breaches any of the terms or conditions set forth in this Contract or fails to perform the obligations set forth in this Contract and fails to cure the breach or failure within forty-five (45) calendar days (or other reasonable period stated in a notice sent by Provider) after receipt of written notice specifying the basis for the breach or failure to perform Provider may terminate this Contract for breach. Termination by Provider shall be effective upon receipt by Client of a written notice to terminate. Client agrees to discontinue use of all hardware, software, and other Provider -owned materials no later than the effective date of termination and return the hardware, software, and other Provider -owned materials to Provider within thirty (30) calendar days after termination. TERMINATION WITH NOTICE Either party may terminate this Contract at the end of the initial term or any renewal term by providing ninety (90) calendar days written prior notice to the other party of the non- renewal of the Contract. AC313R mCC, 7X- l=0gAr1mW201adW Vol. Pg. /_Slo i Par 7of21 TERMINATION FOR LOSS OF FUNDING This Contract is subject to termination for convenience upon not less than thirty (30) days written notice to Provider if Client has failed to receive funds for the continued procurement of the products or services set forth in this Contract after every reasonable effort has been made by Client to secure the necessary fimding and if no substitute arrangement is made by Client to obtain the same or similar products or services from another source. INTERNET SERVICES Provider will, as part of the pricing set forth on Exhibit A, place all Brazos County Clerk's Real Property Records (indices and records) on -line commencing with the date of this Contract and going back to January 1, 2000. Such records will be accessed at www.Texaslandrecords.com. The revenue derived from the searching of the records on the internet will be rebated to the Client by deducting the amount of money Provider received from the internet searches from the County Clerk's monthly invoice. Provider will charge a 50% administration fee to collect and disburse the internet searcher charges. Provider agrees to provide a monthly accounting to Client to verify internet revenue and administration fees. Client reserves the right to have such records audited annually at Client's expense. The per image retrieval and per copy price and subscription fee will be set by Client. INDEPENDENT CONTRACTORS It is agreed and understood that Provider, and its employees, agents, representatives, and anyone acting on behalf of Provider are independent contractors for the purpose of this Contract. PROPRIETARY RIGHTS Provider shall have the sole and exclusive right to patent or copyright any work resulting from its services. In order to protect Provider's interest in these materials, Provider will retain all proprietary rights including but not limited to source programs, object programs, control language procedures, systems design, modular program structure, system logic flow, technical documentation, report and video formats, subroutines, processing techniques and procedures, and report generation which were prepared on behalf of Client, subject, however, to the section of this Contract entitled "Title to Recorded Media ". As part of this Contract, Client is granted a non - exclusive license to use these materials. WARRANTY AND DISCLAIAMR Services to be performed by Provider will be done by qualified personnel, properly supervised, and will meet such other specifications as are mutually agreed upon by the parties. Provider further warrants and represents that the hardware and software together will perform in ACS�9.a:a CC, 7X- /maging AgmmeN 101 .Page 8 of 21 . Pg. -_ 1 p accordance with the terms of this Contract. Provider warrants that each delivered and installed product will be in good operating condition on the day it is accepted. If any delivered material or product is not in good operating condition on the date of installation, Provider will make adjustments, repairs, and replacements necessary to place the product or material in good operating condition as promptly as possible after installation. If Provider can not make the system operable after adjustment or repairs within 5 days of installation, Provider will install new hardware and/or software. THE LIMITED WARRANTIES SET FORTH IN THIS SECTION, AND THIS CONTRACT, ARE MADE TO CLIENT EXCLUSIVELY AND ARE IN LIEU OF ALL OTHER WARRANTIES. PROVIDER MAKES NO OTHER WARRANTIES WHATSOEVER EXPRESS OR IMPLIED, WITH REGARD TO ANY HARDWARE, SOFTWARE OR THE SERVICES PROVIDED UNDER THIS CONTRACT, IN WHOLE OR IN PART. PROVIDER EXPLICITLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PROVIDER EXPRESSLY DOES NOT WARRANT THAT ANY SOFTWARE OR ANY HARDWARE WILL BE ERROR -FREE, OR WILL OPERATE WITHOUT INTERRUPTION. CLIENT WAIVES ANY CLAIM THAT ANY OF THESE WARRANTIES OR THE REMEDIES PROVIDED UNDER THIS CONTRACT FAIL OF THE ESSENTIAL PURPOSE FOR WHICH THE WARRANTIES OR REMEDIES ARE PROVIDED. CARE AND USE Client shall protect the hardware and software furnished by Provider from deterioration other than normal wear and tear. During the period of this Contract, Client shall not use the systems furnished by Provider according to the Contract for any other purpose other than that for which they were designed and only for the purposes intended for the performance of this Contract. Parties agreed that the cost of hardware maintenance service is included in the charges as stated in Exhibit "A ". Provider assumes the obligation to repair and maintain such systems in good operating condition and repair at all times during the term of this Contract, subject to the risk of loss provision below. The Client shall not, without prior written consent of Provider, affix or install any accessory equipment or device on the hardware that will either impair the originally intended function or use of such hardware. Client will not move the hardware or permit the removal of any hardware from the original installation site without Provider's prior knowledge. Notwithstanding any provision in this Contract to the contrary, the parties agree that Provider will bear the risk of loss or damage to any hardware while in transit to Client installation site(s). Client will bear all risk of loss or damage to hardware after delivery to the installation site(s), unless the loss or damage is due to the negligence or willful acts of Provider, its employees, agents, representatives, or subcontractors. AMWB wCC, TX- laiagbgAgeeemnv 1010.dac pg.._ Page 9 of 21 SUPPORT Provider has its only customer support and development center in Dallas, Texas. This center only supports Provider's products and services. It handles hardware and software calls. Provider serves as the single point of contact for all support and maintenance issues for its customers. Provider's philosophy is to insure that if a customer has a problem they can access the customer support center by 800 -phone number and receive attention via an operator. All problems identified by phone shall be resolved within a reasonable amount of time. Provider will dial -in to the records management and imaging system and perform proactive support as well as normal maintenance and software problem resolution. Provider will guarantee a response or resolution within a reasonable amount of time. Provider will maintain in conjunction with the system design specification a problem log that details all customer requests; regardless as to whether they are scope issues, software problem reports or enhancement requests. This log shall be available to all customer and project personnel at all times. Each issue identified in the log will contain a date of submission and the name of the person submitting the request. As a function of Provider status reports, Provider will provide a summary of the number of issues opened, the number of issues closed, issues requiring management attention (such as contractual issues), and copies of all resolved issues (resolution forms) from the pervious month. It is the intention of Provider to have all issues resolved as soon as possible. TITLE TO RECORDED MEDIA It is expressly agreed by Client and Provider that title to all media recorded pursuant to this Contract, in any form, (including, but not limited to: silver halide microfilm, hard disks, internet images, and any other magnetic recording) shall belong to the County Clerk of Brazos County. DEFAULT The occurrence of any one or more of the following events shall constitute a default under this Contract: Failure by Provider to perform any term, covenant or condition of this Contract, which default shall continue for a period of fifteen (15) days after Client frunisbes Provider written notice of such failure to perform; Failure of Provider to repair or replace faulty or malfunctioning equipment, products, or materials within 48 hours of receipt of notice from the County Clerk, or failure of Provider to fimush adequate and proper training or retraining of Client's employees as deemed reasonably necessary by the County Clerk for Client to properly use the hardware and software of Provider, ACSB=m CC. rX- Imaging.fgmemaa 1010 da Page 10 of 21 • Failure of Provider to furnish the necessary hardware or software to site of Client as agreed upon herein; • Except as provided herein, failure of Provider to protect from dissemination, without Client's prior written consent, the data which is indexed and stored by Provider; • Failure by Client to pay payments or other amounts payable by Client under this Contract pursuant to the Texas Government Code §2251.021; • Failure by Client to perform any term, covenant or condition of this Contract, which default shall continue without the commencement of a cure, for a period of fifteen (15) days after Provider furnishes Client written notice of such failure to perform. REMEDIES UPON DEFAULT Client reserves the right to enforce the performance of this Contract, in the event of a breach, in any manner prescribed by law. Provider shall reimburse Client for all reasonable costs and reasonable expenses incurred in connection with the enforcement of any right or remedy under this Contract, including reasonable attorney's fees. Client shall reimburse Provider for all reasonable costs and reasonable expenses incurred in connection with the enforcement of any right or remedy under this Contract, including reasonable attorney's fees. Breach of Contract or default by Provider authorizes Client to terminate this Contract, purchase the services provided herein elsewhere and charge the full increase in costs, if any, to the Provider. LIMITATION OF LIABILITY NEITHER PARTY SHALL BE LIABLE, UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, INCIDENTAL, OR INDIRECT DAMAGES OF ANY KIND RESULTING FROM THE PERFORMANCE OR NON- PERFORMANCE OF OBLIGATIONS UNDER THIS AGREEMENT EVEN IF THOSE DAMAGES ARE ATTRIBUTED TO BREACH OF THIS AGREEMENT, TORT, NEGLIGENCE, OR OTHER CAUSE OF ACTION. THE PARTIES AGREE THAT THIS LIMITATION SHALL APPLY EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF NON - DIRECT DAMAGES OR IF, UNDER APPLICABLE LAW, NON - DIRECT DAMAGES ARE CONSIDERED TO BE DIRECT DAMAGES. PROVIDER ACS /Ar W CC, IX. 1Mg1ng,Ignemna 2010.dw P9•- �� Page 11 gf2l SHALL NOT BE LIABLE FOR ANY FAILURE TO REALIZE SAVINGS OR OTHER BENEFITS FROM THE HARDWARE, SOFTWARE OR SERVICES PROVIDED UNDER THIS AGREEMENT. CLIENT ACKNOWLEDGES THAT PROVIDER HAS SET ITS PRICING AND ENTERED INTO THIS CONTRACT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTY AND DAMAGES SET FORTH IN THIS CONTRACT, AND THAT THE THESE LMTATIONS AND DISCLAIMERS FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. EXCEPT FOR SERVICE FEES AND AMOUNTS EXPRESSLY DUE AND PAYABLE TO PROVIDER UNDER THIS CONTRACT, IN NO EVENT SHALL EITHER PARTY TO THIS AGREEMENT BE LIABLE TO THE OTHER PARTY FOR ANY CLAIMS, PENALTIES OR DAMAGES, WHETHER IN CONTRACT, TORT, OR BY WAY OF INDEMNIFICATION, IN AN AMOUNT EXCEEDING FIFTY PERCENT (500%) OF THE FULL PRICE OF TIES CONTRACT. NOTICES Any notice required or permitted under this Contract shall be in writing and sent by certified mail, personal delivery or overnight courier to the following: Client: Honorable Karen McQueen Brazos County Clerk Brazos County Courthouse 300 E. 26'6 Street, #120 Bryan, Texas 77803 RETURN SOFTWARE TO PROVIDER ovider Hubert P. Auburn Vice President Government Records Services, Inc. 2800 W. Mockingbird Lane Dallas, Texas 75235 Upon the termination, regardless of cause, or expiration of this Contract, Client shall within 10 days of such termination or expiration, return all software furnished herein to Provider. Within 15 days immediately following such termination or expiration of this Contract, a representative of Provider shall have the right to go onto Client's premises, access all hardware furnished by Provider and remove from such hardware, hard - drives and software furnished by Provider that has been downloaded onto such hardware. MISCELLANEOUS If any provision of this Contract is held to be illegal, invalid, or unenforceable, that provision shall be severed or reformed to be enforceable and the remaining provisions hereof shall remain in full force and effect. Acslr W cc, rX • /magYny Ayrcemnv 2010.dx _ Pap 12 of 21 Vol, / /17Z pg. �-y� This Contract embodies the entire contract of the parties with respect to the subject matter hereof. This Contract cannot be modified except by written amendment or change order signed by both parties hereto. This Contract shall be construed and enforced in accordance with the laws of the State of Texas, and performable in Brazos County, Texas. The undersigned officer and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this Contract on behalf of the parties hereto and each parry hereby certifies to the other that any necessary resolutions extending said authority have been duly passed and are now in full force and effect. For the purpose of this original Contract, time is of the essence. EXECUTED in two (2) originals in Brazos County, Texas on this the Jl day of SC 1tuaPY 12010. CLIENT: Brazos County, Texas Brazos County Courthouse 300 E. 26h Street, ill Bryan, Te1780/ By: ,�rvo,� Randy Sims, ty Judge Acting on behalf of, and by the authority of The Commissioners Court of Brazos County, Texas Kare McQueen, Brazos .IC". CC, TX- lmega g lgmem 2010.doc PROVIDER: Government Records Services, Inc. 2800 W. Mockingbird Lane Dallas, Texas 75235 By: %/ 1J� l— Hubert P. Auburn Vice President Vol. /79 pg. /j L Pape 13 of 2l EXHIBIT "A" PRICING 1. Full Service Computerized Indexing: Real Property Records Price Per Instrument Per Month: 1 - 100 Instruments - $3.98 each 101- 200 Instruments - $3.94 each 201- 1,700 Instruments - $3.68 each 1,701 - Up - $1.63 each In the year 2008, Brazos County Clerk averaged paying $7,400.00 per month for Full Service Computerized Indexing for Real Property Records. Monthly prices fluctuate depending on the number of instruments filed in the County Clerk's office each month. Average Monthly Cost $7,400.00 11. Optical Imaging System: Real Property Records and Vital Statistic Records Monthly Cost $4,340.00 Includes the following: 1. Computer hardware, software, hardware upgrades, software upgrades, training, and maintenance. 2. All supplies: Paper, toner cartridges, binders, shelving, cleaning and back -up tapes 3. Digital conversion of imaged Real Property and any other documents recorded on the ACS system to 16mm security microfilm. 4. Installation of DSL, ISDN, or phone line into Brazos County Courthouse and hook -up to hardware. Cost of monthly phone charges for service. 5. Storage of all Brazos County Clerk's records security microfilm in a temperature/humidity controlled vaults for safekeeping and backup. 6. Storage of Grantee /Grantor indices on magnetic tape for security backup and safekeeping. 7. Quarterly and yearly printed Grantee /Grantor indices in alphabetic format. ACY'* CC. TX -Lm&gAget f2010.doc _ Page 14 of 21 V p9 __ 1 8. All Real Property images from January 1, 2000 forward will be loaded onto your new system. 9. All available Real Property images will be maintained on -line at www.texaslandrecords.com. III. Total Average Monthly Billing - $11,300.00 Full Service Computerized Indexing of Real Property Records, and Optical Imaging System for Real Property Records and Vital Statistic Records IV. Microfilm Conversion of Real Property Records includes importing to ACS 20/20 Perfect Vision computer system, matching to the existing grantor /grantee index and any hardware upgrades to maintain systems performance (project specifications see Exhibit "E "). This service will be invoiced at $0.55 per each instrument converted and billed separately each month as the work is produced and loaded to the computer. There are approximately 674,600 instruments to be converted from 1967 to 1999. This project will take approximately 39 months to complete utilizing records management/archive fee established in September 2009 by Brazos County Commissioner's Court and is consistent with Brazos County Clerk's 2009 Records Management Plan. ACS will convert approximately 17,300 previously filed instruments per month for 39 months. The conversion will begin with filing year 1999 and work backwards through 1967. This project will begin on signing date be invoiced at $9,515 per month until completion. SPECIAL NOTE: Subject to the "Care and Use" provision in the Contract, Provider is responsible for all hardware maintenance, including but not limited to the backing up of the hard -drive on all equipment leased hereunder. In the event that a hardware component is damaged or not working properly, it is Provider's frill responsibility to replace the damaged component /equipment for the County in the most efficient and timely manner. In the unlikely event that the hard drive of the server is damaged, Provider has the capability to load down all index information and images onto another server and replace the damaged one in the most efficient and timely manner. .ICSIBr CF rX.ImOftgdrt W2010.eac Vol. I Pays 1S of 21 Hardware om onent Quantity Description Dell PowerEd a T300 Tower 1 Image and Data Base Server C SmartUPS 1500 LCD 1 UPS for Server ell OptiPlex 960 Minitower w/ 22" CD 2 Scanning Workstation Fujitsu 5 -6240 2 Duplex Scanner Dell OptiPlex 960 Small Form Factor w/ 22" LCD 9 Public Workstation Dell OptiPlex 960 Small Form Factor w/ 22" LCD 6 Cashiering Workstation Axiohm 760 6 Receipt PrinterNalidator G 6 Drawer Hewlett Packard LaserJet 4015x 3 qetworked Duplex Laser Printer C Back -UPS 550 8 JPS for Scanning and Cashiering Workstations C SurgeArrest Performance 11 lower Strips for Public Workstations, Firewall, md Network Switch Dell Powe7CODnect 2824 Switch 1 4etwoTk Switch Cisco ASA 5505 1 Pirewall ISeagate GO Station 2 Pocking Station for Backup Drives Sea ate GO Drives — 500 GB 6 _ Packup USB Drives Software Microsoft Windows 2008 Server Standard — 64 bit Microsoft SQL Server 2008 Microsoft Windows XP SP3 McAfee Anti-Virus Symantec Ghost Kofax Adrenaline Image Processing Engine (Scanning) PDF Factory Pro Server (Server) ACSB� CC, 7X -1mz*g -4lean At2010.dac Page Pg. 16 e21 /� __ EXMI T "C" BRAZOS COUNTY PROCESSING The following is a step -by -step process for the operation of the Brazos County Clerk's office for Real Property Records with the new equipment. After a document has been filed through cashiering, (as such process is described in a separate Contract) it is ready to be scanned. The document number and the number of pages are passed through the system to the scanning station. The Client has the option to scan the image immediately or wait until it receives a range of instruments to scan. The programs can tun reports on which documents were scanned for the date and let you know if any numbers were skipped. The Client also has the ability to rescan if an image didn't scan properly onto the system. Once the Client saves that image to the system, it is ready to be viewed by the instrument number. 2. When the Client is done scanning for the day, they will send the daily images (documents) to Dallas. The images will be transferred to Dallas by DSL, ISDN, or modem line, whichever is available and most feasible, to be indexed. Once Provider receives these images, it will return the index back to Client the next day. Provider will blind verify the indexing, and create a roll of security microfilm to be stored in our temperature/humidity- controlled vault. 3. The index information will attach to the proper images that coincide with that instrument. At that moment the instrument is ready to be searched by the public. 4. Provider will continue to send printed indices and merges back to Client. (Currently doing this.) The Provider shall print and provide all hard bound printed indices required by this Contract. 5. Provider will send the digitized Grantor /Grantee indices to Client, the next day, after Provider receives the scanned images via DSL, ISDN, or modem line from Client. Electronic Recording System (eRX) ACS has implemented the Electronic Recording Program into the existing recording and indexing process. ACS shall fu18ll the following duties and obligations in support of the electronic recording system. AMB=w CC. TX- 1m+gmg.4 gne—M 2010.doe Page 17 of 21 Vol. /79 Pg. t a. ACS will be responsible for providing, supporting, and maintaining the eRX System software and the interface to the County Land Record Management System. b. ACS will ensure that eRX System is secure and that once documents are received, they remain immutable until such time as they are recorded. c. ACS will work with the Submitting Company and County to resolve issues encountered in the Electronic Recording Process that are within the scope of the system and software used to support the Electronic Recording Program. d. ACS will maintain an audit trail of documents received, the source received from, dates and times received, receipts received, receipts transmitted, and any errors encountered. The aforementioned duties and obligations will be fulfilled in a timely fashion at ACS' expense. County shall fulfill the following duties and obligations. a. County shall protect the integrity of the recordation process through ongoing monitoring of documents received and recorded through the Electronic Recording Program. b. County (and, if applicable, any third -party providers retained by County) will work with ACS to install, configure, and administer the necessary inf tructure components to facilitate the Electronic Recording Program. c. County (and, if applicable, any third -party providers retained by County) shall test and maintain the software and hardware required to operate the Electronic Recording program. d. County shall apply the same level of diligence in handling documents submitted electronically as those submitted through the normal paper process. The aforementioned duties and obligations will be fulfilled in a timely fashion at County's expense. ACS/ae¢•t CC, rX- lmagtagAgmem w2010.doe VUI Page 18 of 21 .•n: t FULL SERVICE COMPUTERIZED INDEXING OF LAND RECORDS Provider is capable of performing data input from a variety of microfilm formats including 16mm and/or 35mm rolls that contain the Client's various records images. Provider utilizes a virtually error -free procedure for the entering of land records index data involving a combination of 100 percent key verification, machine editing procedures that will catch alphabetic data in numeric field and vice versa as well as machine checks for missing instrument numbers, missing parties to the document, etcetera, intensive operator training on documented reference materials for key entry personnel. The computerized indexing services includes an alphabetic listing of the Grantors, an alphabetic listing of the Grantees, a "Missing Numbers Report" to account for all the Clerk's instrument numbers showing all the documents indexed in each group of documents submitted by Brazos County Clerk. The Grantor /Grantee index output reports have the following specifications: 1. The names fields are 40 characters to minimise the need for operator judgments on abbreviations and to assure a truer alphabetic sort procedure. 2. The type of document field has 20 characters to prove adequate room to spell out most document types and certain combination document types. Case numbers and money amounts are shown on all index entries for abstracts of judgements and tax liens. 4. Money amounts are shown on deeds of trust index entries. 5. Prior document references on assignments and releases are shown on the index report. If both volume and page prior document reference and a money amount are shown on the same document, the volume and page prior document reference will take priority over the money amount with respect to the information printed on the index report. 6. The page format of the data prominently displays the inclusive certification dates for the index series at the top of each page. If requested by the Brazos County Clerk, all properties described on a document are shown on the index, regardless on number. 8. The output pages are approximately 8 -1/2 by 14 inches in size, printed in a landscape mode and is a laser print -type quality. ACS/ardn.*CC, rX.1wg4gAvwe nt2010.daa Page 19 of21 9. Provider fiunishes the necessary sectional post binders of a plastic or poly material comparable in quality and style to those currently in use by the Client Alphabetic and "current" divider tabs and customized printing or labeling of the binders are also included. 10. Each index is merged with the prior month's index. It. All months' indices are merged to create a year's index. 12. At the end of each year, that year's index is merged with the previous years' indices. The indices are merged in five (5) year periods, then the two (2) 5 -year merges are merged into a 10-year merge. The Provider's System prints the merges on both sides of the paper, not just on the front side. ACS /Bra;n+CC, rX- hw&glreenv 1010.dac r - - --- - - - -1 Page 20 af11 pg CONVERSION OF REAL PROPERTY MICROFILM, LOADING, LINHING TO REAL PROPERTY COMPUTER SYSTEM For film scanning ACS will retrieve the microfilm from ACS storage vault as needed. Technicians will inspect each shipped microfilm for quality, to detect any film that may have deteriorated or may contain poorly exposed document images which could be problematic for image conversion. Notices of any problems will be forwarded to Brazos County assigned staff members. The microfilm will be scanted in dual stream mode (Grayscale and TIFF) using our existing latest generation state -of -the -art NextScan Eclipse hi- speed, high - quality microfilm scanning devices providing an initial image output of 300DPI. As each volume is scanned, the scanner operator will add a control system entry indicating, total pages scanned, date of scanning, and scan station number. Page numbers are compared to system generated number as the pages are scanned and the operator notes any discrepancy in the control system. This identifies any missing or alpha suffixed page numbers. Missing pages will be reported to Brazos County as specified by a detailed image /audit report which will also be provided. During scanning the operator will monitor image quality and rescan any documents of less then desirable quality. If necessary the technician will use ACS image - correction software to sharpen Grayscale images and convert to 200 DPI Tiff images. The result will be digital images of the highest and most consistent quality. After scanning, images will be reviewed again to ensure the overall quality of the scanned images and that all corresponding microfilm images have been scanned and post- processed, quality reviewed with 100% image inspection, and numbered according to required format. Images will be organized as batches by Record Book Name, Volume and Page within a directory with the directory name being the book name. Electronic images will be processed for file naming and final QC. Any files failing QC will be rescanned and reprocessed. These reprocessed images will be reviewed by management to verify that best effort has been applied to each questionable image with the resulting image being of the highest image quality possible from the original image scanned. After film conversion and tagging, the newly created images will be imported to the ACS 20/20 System. Images will be matched and linked to the existing grantor /grantee index. New images will be downloaded via remote communications on your system providing a seamless transition. New images will also be added to the Brazos County real property web based on -line service. .ICBB CC, 7X -fi 0n1r.Irve t1010 -&c IVol. �L_! L p9•__ /-`O Par 11 of 11 Brazos County Purchasing Department 200 S. TX AVE., SUITE 352 BRYAN, TX 77803 PHONE (979) 361 -4290 FAX (979) 361 -4293 BRAZOSCOUNTY BID/RFP/RFQ DOCUMENTATION SHEET The Purchasing Department would like to request Commissioner's Court approval to advertise and go out for Bid on the following: DATE: May 16, 2013 1.3117aWri 1:704 REQUEST FOR PROPOSAL NUMBER: 2013 -59 REQUEST FOR QUALIFICATIONS NUMBER: TITLE: Construction of Rock Lot REQUESTING DEPARTMENT: Exposition Center APPROVAL SIGNATURE: ` G_ Duane Peters, County Judge DATE APPROVED: 6 sl- 13 Vol. /Z Pg. BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT: Road & Bridge MEETING DATE: May 21, 2013 SUBJECT: Utility Permit — Verizon Communications Consider and take action on the Verizon Communications utility pen-nit to construct 1 1/2 if road bore under Grassbur Road. This project will provide telephone service to customer at address #10046. Site is located in Precinct 2. SUBMITTED BY: Jo . Salvato Right of Way Agent APPROVED BY: /�Yjjw - atalena Commissioner Precinct 2 This request is "PROVED / DENIED ❑ by Commissioners' Court Duane Peters, County Judge DATE: Vol. �% l� Pg.— N, VERIZON COMMUNICATION To The Commissioner's Court of Brazos County ATTENTION COUNTY JUDGE: Notice of Installation Date May 13, 2013 Formal notice is hereby given that VERIZON COMMUNICATIONS will construct a communication line within the right -of -way of a County Road in Brazos, County, Texas as follows: Verizon Communications to bore under Grassbur Rd at L10651 Pd 7 -5X located at 10046 Grassbur Rd. 1 -1/2" subconduit will be placed in bore and conduit will contain 1 -3 pair service line for Lynda Hurt at 10046 Grassbur Rd. Depth of bored will be at minimum of 36' under flow line of ditch. The location and description of this line and associated appurtenances is more fully shown by one copy of drawings attached to this notice. The line will be constructed and maintained on the County Road right -of -way in accordance with the Brazos County Roadway Safety and Road Preservation Standards and governing laws. Notwithstanding any other provision contained herein, it is expressly understood that the tender of this notice by the Verizon Southwest Incorporated does not constitute a waiver, surrender, abandonment or impairment of any property rights, franchise, easement, license, authority, permission, privilege or right now granted by law or may be granted in the future and any provision or provisions so construed shall be null and void. This work is to be completed on Work Order 5435- 9PO13DS which is scheduled for Date6 /8 /2013 if you have any questions concerning this work, please contact Gary Recek at our office in Bryan, telephone 979 - 821 -4783 within 15 days so that we may explain or modify our proposal, otherwise, it is understood that this proposal is approved. VERIZON COMMUNICATIONS 5435- 9P013DB /79 i Brenda Vajdak Supervisor - Network Engineer 301 Industrial Blvd. Bryan, TX 77803 NOTIFICATION OF PROPOSED INSTALLATION AND /OR REPAIRS OF TELEPHONE FACILITIES AND DESIGNATING PLACEMENT OF UTILITY IN COUNTY RIGHT OF WAY TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS Comes now Verizon Southwest (company name), hereinafter referred to as "Company" an Texas (state) Corporation, with authority to transact business in Texas, acting by and through its duly authorized representative, and hereby notifies the County Engineer of its intent to lay, construct, maintain, repair and /or operate a telephone facility under, over, across and /or along certain County Roads as shown on drawings and diagrams attached hereto and said location described as follows: Verizon Communications to bore under Grassbur Rd at L10651 Pd 7 -5x located at 10046 Grassbur Rd. 1 -11/2" subconduit will be placed in bore and conduit will contain 1 -3 pair Service wire for Lybda Hurt at 10046 Grassbur Rd. Depth of bore will be at minimum of 36" under Flow line of ditch. The location and description of the proposed installation and appurtenances must be fully shown on detailed drawings attached to this Notification. 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 with 30 working days. (COMPANY MUST FILL IN). If such construction is not begun by the 60�day, Company will be required to provide a new notice. 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 notice shall be kept at the job site any time work is being performed. In the event of deviation from this notice, the Brazos County Engineer's Office or its designated representative will be notified as soon as practicable. Approval of County Engineer's Office may take as long as two weeks after complete application is received. Failure to notify the County Engineer's Office within 24 hours of beginning construction shall constitute grounds for job shutdown. By signing below, I certify that I am authorized to represent the Company listed below, and that the Company agrees to the conditions /provisions included in this notification. Verizon Southwest Company Name Brenda L. Vajdak By: \I Section Mgr — Ntwk Engineer Title 301 Industrial Blvd Address Bryan, TX 77803 Phone Number 979 - 821 -4770 Email: Brenda.Vajdak @Verizon.com ACCEPTANCE OF NOTIFICATION 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 C %S` l S° �O13 except as noted below: (Month /Day/Year) EXCEPTIONS: /vONIY Vci. —L 7L. Pg. 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 specific nighttime traffic control measures pursuant to the TMUTCD; b. if construction is within ten (10) feet of the roadway; or c. any work performed in the road right -of -way; Vol. 1�1 pg.,_ /� 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. 3. All underground installations shall (these are minimum depths — utility may place deeper): a. be placed at a minimum depth of forty -eight (48) inches below the top of the pavement; b. be at least thirty -six (36) inches below ditch flow line when installation is within the area measured from top of bank to top of bank; c. be at least forty -eight (48) inches below ditch flow line if low pressure gas or petroleum lines. For high pressure gas and petroleum lines, see High Pressure Pipelines requirements listed below; d. not be closer than ten (10) feet from the edge of pavement. Exceptions may apply in rights of way of less than 60'. 4. Water Lines: All water lines must be a minimum 36- inches below the ditch flow line and cased. Waterlines shall be cased if crossing under the roadway. 5. Utilities in all new developments that have 60 designated locations based upon the type 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' feet or greater of right of way shall be installed within of utility. The locations shall be as follows: (measured 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. ABSOLUTELYNO OPEN CUTS WITHIN COUNTY ROAD PAVEMENT; b. be pressure grouted for the full length of the crossing if the annular space between pipe and casing and soil exceeds one (1) inch. Brazos County must be given 24 hours notice of pressure grouting operations and have the opportunity to have an inspector on site to observe pressure grouting operations; c. TxDOT Standard Specification Item 476 shall be followed for all boring, jacking, tunneling and joints. Vol. Pg. �� 9. Bore Pits a. no pits shall remain open longer than 2 days; b. all pits shall have proper traffic control measures in place. See Traffic Control Plan listed above. c. pits shall NOT be located within ten (10) feet from the edge of pavement without prior approval from the County Engineer or his representative; d. when pits are to remain open for more than 8 hours, due diligence will be used in protecting the spoil pile to prevent drainage problems; e. based upon soil conditions, the County Engineer or his representative may require shoring to protect 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 construction/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. Vol. _!_.G__ Pg._�2 F. Repairs to existing facilities 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 When and if the County Engineer determines that it is necessary for the construction, repair, improvement, alteration or relocation of all or any portion of said road, any or all poles, wires, pipes, cables or other facilities and appurtenances authorized hereunder, shall be removed from said road, or reset or relocated thereon, as required by the County Engineer within a reasonable time as determined by the County Engineer and Utility Company, and at the expense of the Utility Company. H. High Pressure Pipelines 1. All utility Permits for high pressure pipelines (generally 60 PSI or greater), whether 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 erade) Snecial 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. IZ rig.-_ Z70 BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT: Road & Bridge MEETING DATE: May 21, 2013 SUBJECT: Utility Permit — Verizon Communications Consider and take action on the Verizon Communications utility permit to install cable within and along the east right -of -way of Riley Road for 250'. This project will provide telephone service to customer at address #8395. Site is located in Precinct 2. SUBMITTED BY: J Salvato Right of Way Agent APPROVED BY: Precinct 2 This request is APPROVED / DENIED ❑ by Commissioners' Court Duane Peters, County Judge DATE: b h l LE Vol. Pg. / 7/ VERIZON COMMUNICATION Notice of Line Installation Date May 13, 2013 To The Commissioner's Court of Brazos County ATTENTION COUNTY JUDGE: Formal notice is hereby given that VERIZON COMMUNICATIONS will construct a communication line within the right -of -way of a County Road in Brazos, County, Texas as follows: Verizon Communications to place 1 -3 pair buried service wire From 1-10650 Pd 57 250' along and within the NE ROW of Riley Rd to serve Robert & Monique Stutts at 8395 Riley Rd. Service wire to be placed within 6' From edge of ROW at minimum depth of 36 ". The location and description of this line and associated appurtenances is more fully shown by one copy of drawings attached to this notice. The line will be constructed and maintained on the County Road right -of -way in accordance with the Brazos County Roadway Safety and Road Preservation Standards and governing laws. Notwithstanding any other provision contained herein, it is expressly understood that the tender of this notice by the Verizon Southwest Incorporated does not constitute a waiver, surrender, abandonment or impairment of any property rights, franchise, easement, license, authority, permission, privilege or right now granted by law or may be granted in the future and any provision or provisions so construed shall be null and void. This work is to be completed on Work Order 5435- 9YO13DE which is scheduled for Date61812013 if you have any questions concerning this work, please contact Gary Recek at our office in Bryan, telephone 979 - 821 -4783 within 15 days so that we may explain or modify our proposal, otherwise, it is understood that this proposal is approved. VERIZON COMMUNICATIONS &11 Ide- Brenda Vajdak Supervisor - Network Engineer 5435- 9P013DB / =y 117,7 301 Industrial Blvd. Bryan, TX 77803 NOTIFICATION OF PROPOSED INSTALLATION AND /OR REPAIRS OF TELEPHONE FACILITIES AND DESIGNATING PLACEMENT OF UTILITY IN COUNTY RIGHT OF WAY TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS Comes now Verizon Southwest (company name), hereinafter referred to as "Company" an Texas (state) Corporation, with authority to transact business in Texas, acting by and through its duly authorized representative, and hereby notifies the County Engineer of its intent to lay, construct, maintain, repair and /or operate a telephone facility under, over, across and /or along certain County Roads as shown on drawings and diagrams attached hereto and said location described as follows: Verizon Communications to place 1 -3 pair buried service line from L10650 Pd 57 Along and within the NE ROW of Riley Rd to serve Robert & Monique Stuffs at 8395 Riley Rd. Service wire to be placed within 6' from edge of ROW at minimum depth of 36 ". The location and description of the proposed installation and appurtenances must be fully shown on detailed drawings attached to this Notification. 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 with 30 working days. (COMPANY MUST FILL IN). If such construction is not begun by the 66' day, Company will be required to provide a new notice. 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 notice shall be kept at the job site any time work is being performed. In the event of deviation from this notice, the Brazos County Engineer's Office or its designated representative will be notified as soon as practicable. Approval of County Engineer's Office may take as long as two weeks after complete application is received. I /_79_ Pg /_z_ Failure to notify the County Engineer's Office within 24 hours of beginning construction shall constitute grounds for job shutdown. By signing below, I certify that I am authorized to represent the Company listed below, and that the Company agrees to the conditions /provisions included in this notification. Verizon Southwest Company Name Brenda L. 4/ Section Mgr — Ntwk Engineer Title 301 Industrial Blvd Address Bryan, TX 77803 Phone Number 979 -821 -4770 Email: Brenda.Vajdak @Verizon.com ACCEPTANCE OF NOTIFICATION 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 (',I S' ► - 3Uls except as noted below: (Month /DayNear) EXCEPTIONS: 11 rr in 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, pennittee 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 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 specific niehttime 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; Vol. 177 pg. -�7G 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. 3. All underground installations shall (these are minimum depths — utility may place deeper): a. be placed at a minimum depth of forty-eight (48) inches below the top of the pavement; b. be at least thirty -six (36) inches below ditch flow line when installation is within the area measured from top of bank to top of bank; c, be at least forty -eight (48) inches below ditch flow line if low pressure gas or petroleum lines. For high pressure gas and petroleum lines, see High Pressure Pipelines requirements listed below; d. not be closer than ten (10) feet from the edge of pavement. Exceptions may apply in rights of way of less than 60'. 4. Water Lines: All water lines must be a minimum 36- inches below the ditch flow line and cased. Waterlines shall be cased if crossing under the roadway. Utilities in all new developments that have 60 feet or greater of right of way shall be installed within designated locations based upon the type of utility. The locations shall be as follows: (measured from back of right -of -way). Power -0 -2 feet, nominally 1' Phone — 2 -4 feet, nominally 3' Gas — 4 -6 feet, nominally 5' Cable — 6 -8 feet, nominally 7' 6. Utilities with less than 60 feet right -of -way in all new developments shall install the utility in a similar manner as referenced in No. 3 above, however, the County Engineer or its designated representative will provide final approval of each utility location. 7. The length of any trench to be opened in advance of the pipe, conduit or ducts may not be longer than 400' if left open over night or unattended. 8. Crossings under a county road shall: a. be bored orjacked. ABSOLUTELY NO OPEN CUTS WITHIN COUNTY ROAD PAVEMENT; b, be pressure grouted for the full length of the crossing if the annular space between pipe and casing and soil exceeds one (1) inch. Brazos County must be given 24 hours notice of pressure grouting operations and have the opportunity to have an inspector on site to observe pressure grouting operations; c. TxDOT Standard Specification Item 476 shall be followed for all boring, jacking, tunneling and joints. Vol. /�q. Pg. /77_ 9. Bore Pits a. no pits shall remain open longer than 2 days; b. all pits shall have proper traffic control measures in place. See Traffic Control Plan listed above. c. pits shall NOT be located within ten (10) feet from the edge of pavement without prior approval from the County Engineer or his representative; d. when pits are to remain open for more than 8 hours, due diligence will be used in protecting the spoil pile to prevent drainage problems; e. based upon soil conditions, the County Engineer or his representative may require shoring to protect 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 In the event Company is required to perform emergency services, that requires excavation in a County Right .of Way, and unable to notify the County Engineer prior to conducting emergency repairs, Company shall notify County Engineer within 24 hours of beginning construction/repairs. This will allow the County Engineer's Office an opportunity to inspect the site to ensure the integrity of the County Right of Way and traffic safety controls used. V Pg._ /Ldp _ 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 1. All utility Permits for high pressure pipelines (generally 60 PSI or greater), whether pertaining to controlled access or non - controlled access installations, should contain the following additional information in the description of the permit. -diameter -wall thickness - material specification - minimum yield strength - maximum operation pressure of the pipeline 2. With the exception of the maximum operation pressure of the pipeline, this information is to be supplied for both the carrier pipe and the casing. 3. Assurance must also be given that the installation material and design meet the minimum Federal Safety Standards for Liquid and Gas Pipe Lines. Assurance must be provided on company letterhead and signed by an authorized representative of the company. 4. Petroleum Pipelines: Depth Tvue of Pipeline (below deepest ditch trade) 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. -=Pg-_1� BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT: Road & Bridge MEETING DATE: May 21, 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 Rainbow Trail located in Rainbow Acres subdivision. This project will provide water service to customer at address #4111. Site is located in Precinct 2. SUBMITTED BY: Joe/y. Salvato Right of Way Agent APPROVED BY: Sammy Precinct 2 This request is A PROVED / DENIED 0 by Commissioners' Court Qrll� �— - Duane Peters, County Judge DATE: 15)'71113 Vol. _ f __ Pg. �d APPLICATION FOR WATER UTILITY PERMIT DESIGNATING PLACEMENT OF UTILITY IN COUNTY RIGHT OF WAY TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS Pursuant to the Texas Utility Code, Section 181.024, comes now Wickson Creek Special Utility District [company name], hereinafter referred to as "Company" a [state] Corporation, with authority to transact business in Texas, acting by and through its duly authorized representative, and hereby petitions the County Engineer for the right to lay, construct, maintain, repair and /or operate a gas facility under, over, across and /or along certain County Roads as shown on drawings and diagrams attached hereto and said location described as follows: Facility to Cross Road Road Name & Block Number Length of Crossing TYPE OF CONSTRUCTION CHECK ONE Bored lacked Driven Cased 4111 Rainbow Trail 60' X X Facility to Parallel County Road Within Riaht -Of -Way Road Name and Block Number From To Depth Distance CONSTRUCTION TYPE 1" Diameter wall Thickness 1 ''/2" PVC 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 1 working days. (COMPANY MUST FILL M. If such construction is not begun by the 60'h 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 thejob site any time work is being performed. It is expressly stipulated that this Permit is a license for permissive use only and that the placing of facilities upon public property pursuant to this permit shall not operate to create or vest any property right in said holder. It is understood and agreed that the rights and privileges herein set out are granted only to the extent of the County's right, title and interest in the land to be entered upon and used by the holder and the holder will at all times assume risk of and indemnify, defend and save harmless Brazos County from and against any and all loss, damages, cost or pg. ✓ f1/ 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 jails to obtain apermitprior to the installation or does not install utilities in compliance with installation requirements sel 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 fails to comply with any or all of the requirements as set forth herein, the County may take such action as it deems appropriate to compel compliance. The County Engineer further retains the right to revoke this Permit by verbal notification to the Applicant/Company. Failure to obtain this permit and/or notify the County Engineer's Office within 24 hours of beginning constructions shall constitute grounds for job shutdown. By signing below, I certify that I am authorized to represent the Company listed below, and that the Company agrees to the conditions /provisions included in this permit. Wickson Creek Special Utility District Company Name yAl-.LA' sxJ By. Signature General Manager Tide 8770 Hwy 21 E P.O. Box 4756 Address Bryan TX 77808 City State Zip (979) 589 -3030 Phone Number watson @wicksoncreek.com Email: VOL _l L.__. Pg..- �8Z_ WATER UTILITY APPROVAL Brazos County offers no objection to the proposed location of the utility in the County right of way as shown by accompanying drawings and notice dated l75" It(' except as noted below: (Month/DayNear) EXCEPTIONS: t/ R 44A*N Mvn/` ze Brazos my Engineer Si ire �yul A-e y r Title Vol. _ L Jm Pg. —� g.3 v4 221Y- n9 �� C m �n x z o x x p x O VOL L. PC �'' - � t r I � � A }�v 3 4 4 A 7 N r. Lam. s v iII Vol: O F� V wr }�v 3 4 4 A 7 N r. Lam. s v iII Vol: BRAZOS COUNTY ROADWAY SAFETY AND ROAD PRESERVATION STANDARDS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY A. General Requirements I. 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. A 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 s en cific 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 ri t - o - Vol. Pg. . / �� 2. Plan must be attached to the permit and kept at the job site anytime 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 V Phone — 2-4 feet, nominally 3' Gas — 4 -6 feet, nominally 5' Cable — 6 -8 feet, nominally 7' 6. Utilities with less than 60 feet right -of -way in all new developments shall install the utility in a similar manner as referenced in No. 3 above, however, the County Engineer or its designated representative will provide final approval of each utility location. 7. The length of any trench to be opened in advance of the pipe, conduit or ducts may not be longer than 400' if left open over night or unattended. 8. Crossings under a county road shall: a. be bored orjacked. ABSOLUTELY NO OPEN CUTS WITHIN COUNTY ROAD PAVEMENT; b. be pressure grouted for the full length of the crossing if the annular space between pipe and casing and soil exceeds one (1) inch. Brazos County must be given 24 hours notice of pressure grouting operations and have the opportunity to have an inspector on site to observe pressure grouting operations; c. TxDOT Standard Specification Item 476 shall be followed for all boring, jacking, tunneling and joints. V Pg. __ � 8� 9. Bore Pits a. no pits shall remain open longer than 2 days; b. all pits shall have proper traffic control measures in place. See Traffic Control Plan listed above, its shall NOT be located within ten (10) feet from the edge of pavement without prior I p 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 construction/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. Vol. r�� 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 When and if the County Engineer determines that it is necessary for the construction, repair, improvement, alteration or relocation of all or any portion of said road, any or all poles, wires, pipes, cables or other facilities and appurtenances authorized hereunder, shall be removed from said road, or reset or relocated thereon, as required by the County Engineer within a reasonable time as determined by the County Engineer and Utility Company, and at the expense of the Utility Company. H. High Pressure Pipelines 1. All utility Permits for high pressure pipelines (generally 60 PSI or greater), whether 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. F . - BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2012 -2013 BUDGET YEAR NO. 12113 33.1— 33.4 On this the 21st day of May 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 l 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 21 st day of May 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 21st day of May 2013. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. By: Duane Peters, County Judge Original: County Clerk's Office and Attached to the original budget Copies: County Auditor County Treasurer County Budget Officer Commissioners' Court Minutes Vol. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12/13 - 33.1 FUND 0100 0100 0100 DIV 24401100 24401100 24401100 ACCT 61801000 61110000 67342000 PRO.) DR/CR CR CR DR 5/21/2013 ACCOUNT NAME Travel Conference &Seminar Fees Furniture Increase 3,397.53 Decrease 1,565.00 1,832.53 Justice of the Peace #4 - Judge Jones Reallocation of funds to purchase furniture. Prepared By: nnm Date: 5/16/2013 UePartMent Annroval .,_._ Vol - -.< - P9• i BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12/13 - 33.2 5/21/2013 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 3000 312100 51751000 CR ISt. Supplement - TIPC - JPO 997.54 3000 312100 53200000 CR lRetirement 130.18 3000 312100 53100000 CR _ ISocial Security 76.31 3060 312100 53800000 CR I Workers Comp 4.18 3000 91300000 DR ITransfer to General Fund 12208.21 0100 49029000 CR Transfer from Grant Fund 0100 31050000 51751000 DR St. Supplement - TJPC - JPO 997.54 0100 31050000 53200000 DR Retirement 130.18 0100 31050000 53100000 DR Social Security 76.31 0100 31050000 53800000 DR Workers Comp 4.18 TJPC - State Aid and Juvenile Title IV -E Reallocation of funds for secondary pay. Prepared By: nnm Date: 5/16/2013 Department Approval Data Vol_ P9•_ -zX—j BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12113 - 33.3 xmi Ylni 1 FUND 0100 0100 0100 0100 DIV 31000200 31000200 31000200 31000200 ACCT 51751100 53200000 53100000 53800000 PROJ DR/CR CR CR CR CR ACCOUNT NAME St. Su lement - TJPC -1PO Retirement Social Security Workers Com Increase Decrease 498.77 65.09 38.16 2.09 0100 91320000 DR Transfer to Grant Fund 604.11 3000 49028000 CR Transfer from General Fund 604.11 3000 3000 312100 312]00 51751100 53200000 DR DR St. Supplement - TJPC - JPO Retirement 498.77 65.09 3000 312100 53100000 DR Social Security 38016 3000 312100 53800000 DR Workers Com 2.09 Juvenile Services - Detention and TJPC - State Aid Reallocation of funds for seconda ay. Prepared By: nnm Date: 5/16/2013 Department Approval Date Vol 4"I 77 f'.- BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12113 - 33.4 GNI NMQ FUND DIV ACCT PROJ DR/CIR y ACCOUNT NAME Increase Decrease 0100 11001500 61130000 CR Contin enc 3,500.00 0100 30201100 65950000 DR Vehicle Maintenance 3,500.00 General Fund Contingency and Constable Pct. #2 - Lam o Reallocation of funds for vehicle maintenance. Prepared By: nnm Date: 5 /1 612 01 3 Department Approval Date Vol. — Pg._ o PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: May 21, 2013 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Change Requests Department Submitting Employee Request Action Requested Requests) Applies To County Judge Lanehart, Ginger Reinstated J.P. 2 -2 Juvenile Brogdon, Mayra Termination Irick, Deidre New Hire Boardman, Kylie Coleman, Brandon Ellis, Jeremy Norrid, Jeanie Storemski, Jonathan Approved in Commissioners' Court: Ma 21 County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) State Stipend New Hire State Stipend State Stipend Transfer w /in Dept. AGGIELAND HUMANE SOCIETY INDEPENDENT AUDITORS' REPORT UZI] FINANCIAL STATEMENTS SEPTEMBER 30, 2012 S OWL GED t' eters Date County Judge pg 97 V ol. / 7 � .-- — TABLE OF CONTENTS Page Independent Auditors' Report ............ . . . • • • • . • • • I Financial Statements Statements of Financial Position ..... • . • • • • • • • • . 2 Statement of Activities ...... , 3 4 Statement of Functional Expenses ......... • • • • • • • • 5 Statements of Cash Flows .... . • • .. • • • ' ' • ' ' ' ... (_ 10 Notes to Financial Statements ......... • • • . . • • • • • • ' Ronnie Craig, CPA Dillard Leverkuhn, CPA Andrea Derdg, CPA WA 4600 Carter Creek Parkway, sulfe 201 Bryon,rexos 77802 1456 (979) 2669696 • Fax (979) 260.9683 emall: Arm®ldeciao.com P.C. INDEPENDENT AUDITORS' REPORT To the Board of Directors of Aggieland Humane Society Alone Briers. CPA Goy Vick Crolg. CPA Kay Dobbins. CPA Emily Hogon. CPA Lyn Kuclembo, CPA James Larkin, CPA Alice Montoe, CPA Moahewftxel, CPA Madan Rose Vadsoo, CPA Mary Joy Venuti. CPA We have audited the accompanying statement of financial position of Aggieland Humane Society (a nonprofit organization) (formerly Brazos Animal Shelter, Inc.) 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, The prior year summarized comparative information has been derived from Aggieland Humane Society's 2011 financial statements and, in our report dated July 26, 2012, we expressed an unqualified opinion on those financial statements. 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 Aggicland Humane Society 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. ?),rl 4 o- 6 ,Pe_- THOMPSON, DERRIG & CRAIG, PC January 15, 2013 -Vol. Pg.__ /�lc AGGIELAND HUMANE SOCIETY STATEMENTS OF FINANCIAL POSITION SEPTEMBER 30, 2012 AND 2011 Assets: Current assets Cash and cash equivalents Investments in mutual funds Accounts receivable Prepaid assets Total current assets Property and equipment (net) Other assets Restricted investments Cash surrender value of life insurance Total other assetes Total Assets Liabilities: Current liabilities Accounts payable Accrued expenses Total current liabilities Net Assets: Unrestricted Temporarily restricted Permanently restricted Total net assets Total Liabilities and Net Assets 2012 2011 $ 216,015 $ 80,016 98,979 49,101 17,189 29,220 2,348 332,183 ]60,685 1,073,077 1,066,597 19,802 44,982 2,949 2,951 22,751 47,933 $ 1,428,011 $ 1,275,215 $ 38,553 $ 36,417 18,587 291909 57,140 66,326 1,327,324 43,547 1,370,871 $ 1 ®v See independent auditors' report and notes to financial statements. 2 / /7/;- / � 0 0 1,105,204 58,703 44,982 1,208,689 $$ 1,2 Support and Revenue: Animal cue revenue: Adoption Impoundment Surrender fees Disposal services Tags and microchips Government contracts Rabies quarantine fees Contributions and fundraising: Contributions In -kind contributions (Note 4) Other: Investment/Interest Income Miscellaneous income Oil and gas royalties Rental Income Loss on disposition of assets Investment gains(losses) Assets released from restrictions Total Support and Revenue Expenses: Program (animal care) Fundmising Administrative Total Expenses Change in net assets Beginning net assets Ending net assets AGGIELAND HUMANE SOCIETY STATEMENT OF ACTIVITIES FOR THE YEAR ENDED SEPTEMBER 30, 2012 WITH COMPARATIVE TOTALS FOR 2011 1,422,639 (15,156 44,982 1,362,501 1,290,694 980,469 80,443 139,607 1,200,519 980,469 Temporarily Permanently Totals Unrestricted Restricted Restricted 2012 2011 S 86,727 s a S 86,727 S 116,914 22,658 22,658 46,923 6,524 6,524 22,820 5,514 5,514 6,773 217,827 217,827 261,349 253,184 253,184 523,188 15,283 15,283 20,527 607,717 607,717 998,494 234,213 10,270 244,483 144,382 356,557 356,557 188,694 590,770 10,270 601,040 333,076 3,077 - 3,077 7,868 29,269 29,269 18,435 97,155 97,155 38,483 - 5,100 (107,968) 24,243 24,243 (2,794) 70,408 (25,4 (44,982) 224,152 (25,426) 44,982 153,744 (40,876) 1,422,639 (15,156 44,982 1,362,501 1,290,694 980,469 80,443 139,607 1,200,519 980,469 927,472 80,443 27,212 139,607 209,765 222,120 (15,156) (44,982) 1,200,519 111641449 161,982 126,245 _1,105,204 _ 58,703 44,982 1,208,889 1,082,644 $ 1,327,324 S 43,547 S SS 1,3370 $ 1,208,889 See independent auditore report and notes to finand4l si4tements. 3 // / )-0% ACCIELAND HUMANE SOCIETY STATEMENT OF FUNCTIONAL EXPENSES FOR THE YEAR ENDED SEPTEMBER 30, 2012 WITH COMPARATIVE TOTALS FOR 2011 Totals See independent auddod «port end notes to 0nanclal statements. 4 Eol.1 % /7 Pg._�o Z Program (AnlmalCare) Fundralsing Admire tradve 2012 2011 Salaries S 274,396 S 14,600 S 53,999 S 342,995 S 400,780 Payroll taxes 21,086 1,114 4,118 11,022 26,358 70,205 29,175 102,058 Payroll related Items 56,164 3,019 251,481 62,582 Advertising 205,481 46,000 - - 147,406 196,242 Veterinsfing nsea 147,406 - 1,982 1,982 14,063 97,665 97,665 61,386 neuter Spay Ileute 67,705 - 67,705 54,091 Kennel supplies Kennel _ 604 Animal disposal ' 10,670 2,133 8,536 21,339 31,474 Computer expense 11,657 - 3,886 15,543 10,471 Depreciation expense 4,862 4,862 9,724 5,943 Insurance 4,071 - 4,070 8,141 13,032 Auto expense 13,394 - - 13,394 20,040 Microchipoxpense 4,160 - 4,160 828 Education 7,401 2,467 9,868 12,832 Repairs and maintenance 21,768 - 7,256 29,024 47,758 Telephone and utilities - 1,690 1,690 2,536 Directors and officers Insurance - 8,752 3,788 Cremation expense 8,752 2,877 2,876 5,753 8,249 Bank charges 482 482 964 940 Ron( Retail goods - 2,328 - 2,328 1,688 Office expenses 3,792 6,370 5,005 29,318 15,167 39,091 17,041 48,516 Professional fees 9,773 9,784 18,432 Mlscelianeousexpenses 9,784 TOTAL EXPENSES S 980,469_ S 80,443 _ S 1396607 _ $ 1,200,519 S 1,164,449 See independent auddod «port end notes to 0nanclal statements. 4 Eol.1 % /7 Pg._�o Z AGGIELAND HUMANE SOCIETY STATEMENTS OF CASH FLOWS FOR THE YEARS ENDED SEPTEMBER 30, 2012 AND 2011 Cash Flows from Operating Activities: Cash Flows from Investing Activities: Purchase of property and equipment 2012 2011 Change in net assets $ 161,982 $ 126,245 Adjustments to reconcile change in net assets to (22,478) 463,441 Net cash provided by operating activities: 135,999 (203,155) Depreciation 15,543 10,471 Loss on disposition - 107,968 Unrealized (gain) loss on investments (24,243) 1,893 Change in operating assets and payables: Accounts receivable 12,031 (4,500) Prepaid expenses 2,348 (1,057) Accounts payable 2,138 10,797 Accrued expenses (11,322) 8,469 Net cash provided by operating activities 158,477 260,286 Cash Flows from Investing Activities: Purchase of property and equipment (22,023) (513,162) Net change investments (455) 49,721 Net cash used by investing activities (22,478) 463,441 Change in cash 135,999 (203,155) Beginning cash 80,016 283,171 Ending cash $$ $$ 80,016 See independent auditors, report and notes to financial statements, 5 /7% Pg. zQ3 AGGIELAND HUMANE SOCIETY NOTES TO FINANCIAL STATEMENTS SEPTEMBER 30, 2012 AND 2011 Note I — Summary of Significant Accounting Policies Agai land Humane Society and nature of activities The Aggieland Humane Society (formerly Brazos Animal Shelter, Inc.) is a nonprofit corporation, chartered in the State of Texas on October 31, 1980. The Aggieland Humane Society's purpose is to improve the quality of life for people and animals of the Brazos Valley through professional animal services. Counties served by the Aggieland Humane Society are Brazos, Burleson, Grimes, Leon, Madison, Robertson and Washington counties. The Aggieland Humane Society is supported by private donations, contracts with local governments, fundraising events, and fees for services. The Aggieland Humane Society has no stockholders or equity owners and is governed by a board of directors made up of community volunteers. The mission of the Aggieland Humane Society is to provide humane shelter, care, and placement for stray and unwanted animals, promote the human animal bond and responsible pet ownership to enhance the quality of life for the people and animals in our community. Kmm- The financial statements of the Aggieland Humane Society have been prepared on the accrual basis of accounting and accordingly reflect all significant receivables, payables, and other liabilities. Basis of presentation The Aggieland Humane Society's financial statements present information regarding its financial position and activities according to three classes of net assets: unrestricted, temporarily restricted, and permanently restricted. Use of estimates The preparation of financial statements in conformity with generally accepted accounting principles includes the use of estimates that affect the financial statements. Accordingly, actual results could differ from those estimates, Cash d cgh equivalgota The Aggieland Humane Society considers all highly liquid investments with a maturity of twelve months or less when purchased to be cash equivalents. Fair value of financial in§jments The carrying amounts of cash equivalents, receivables, and accounts payable approximate fair value because of the short maturity of those instruments. See independent auditors' report. 6 AGGIELAND HUMANE SOCIETY NOTES TO FINANCIAL STATEMENTS SEPTEMBER 30, 2012 AND 2011 Note I — Summary of Significant Accounting Policies (Continued) Acquisitions of furniture and equipment in excess of $1,000 are capitalized. Donated equipment is recorded at fair market value at the date of the donation. Purchased equipment is recorded at cost. Depreciation is provided over the estimated useful lives of the respective assets using the straight -line method. Public sunoort, revenue. and nledves Grants and other contributions of cash and other assets are considered to be available for unrestricted use unless specifically restricted by the donor. When a donor 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. Income tax statu The Aggieland Humane Society is a not - for - profit organization exempt from federal Income taxes under Intemal Revenue Code 501(c)(3). The Aggieland Humane Society 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 information returns remain open and subject to review by taxing jurisdictions for three years after they are filed. Note 2 — Restrictions on Net Assets Temporarily restricted net assets consist of donor - restricted funds to be used for future expenses. Permanently restricted net assets consists of funds accumulated for the purpose of generating revenue for the spay /neuter outreach program. During the year ended September 30, 2012, the board obtained permission from the donor of the permanently restricted funds to release the restriction and allow the funds to be spent, so the entire balance was moved to temporarily restricted net assets, as shown on the accompanying statement of activities. Note 3 — Retirement Plan The Aggieland Humane Society has a qualified annuity plan under Internal Revenue Code 403(b) covering substantially all employees. Any full -time employee of the Aggieland Humane Society is eligible to participate in the plan after thirty days of service. The Aggieland Humane Society matches employee contributions up to seven percent of their covered salary. The Aggieland Humane Society contributed $10,342 and $20,092 to the plan for the years ended September 30, 2012 and 2011, respectively. The Aggieland Humane Society board decided to terminate the plan in March 2012. See independent auditors, report. 7 E�%% Pg. zos' AGGIELAND HUMANE SOCIETY NOTES TO FINANCIAL STATEMENTS SEPTEMBER 30, 2012 AND 2011 Note 4 — Donated Services and Support The value of donated services and materials included as contributions and corresponding expenses for the years ended September 30, 2012 and 2011 are as follows: The Aggicland Humane Society also received donated services from numerous volunteers performing non-professional functions. The value of these services is not reflected in the accompanying financial statements because they do not meet the criteria for recognition. However, the value of these services for the year ended September 30, 2012 is estimated to be approximately $67,000 based on total volunteer hours of 6,993 and an average hourly rate of $9.60. Note 5— Property and Equipment Property and equipment at September 30, 2012 and 2011 consisted of the fol lowing: 2012 2011 Fundraising S 46,000 S 26,334 Vet and vet tech services 108,750 144,981 IT 3,261 2,610 Advertising 162,232 17,770 Vehicle 1,700 26,158 Drugs and supplies 34,614 14,769 1,142,189 $ 3� 56,557 S l 4 The Aggicland Humane Society also received donated services from numerous volunteers performing non-professional functions. The value of these services is not reflected in the accompanying financial statements because they do not meet the criteria for recognition. However, the value of these services for the year ended September 30, 2012 is estimated to be approximately $67,000 based on total volunteer hours of 6,993 and an average hourly rate of $9.60. Note 5— Property and Equipment Property and equipment at September 30, 2012 and 2011 consisted of the fol lowing: 2012 2011 Land $ 182,787 $ 181,587 Buildings 891,929 883,519 Kennels 45,568 45,568 Furniture, fixtures & office equipment 17,770 7,057 Vehicles 26,158 24,458 1,164,212 1,142,189 Less: accumulated depreciation 91,135 (75,592) Net property and equipment $$ 1,0® $ 1,0 ®6 97 Note 6 — Commitments The Aggieland Humane Society rents a copier for $220 per month in a lease agreement that ends in October 2014. Future lease payments under these agreements are as follows: 2013 $ 2,640 2014 $ 2,640 See independent auditors' report. Vol. —, � Pg.J,?Ok-- AGGIELAND HUMANE SOCIETY NOTES TO FINANCIAL STATEMENTS SEPTEMBER 30, 2012 AND 2011 Note 7 — Investments Short -term investments consist primarily of stocks and money market funds. The fair value of investments is estimated based on quoted market prices as of the last trading day for the Aggieland Humane Society's fiscal years. The fair values at September 30, 2012 and 2011 are as follows. 2012 2011 Money Market $ 1,541 $ 1,758 Stocks 118,781 94,083 $ 120,322 $ 95,841 Investment return for the years ended September 30, 2012 and 2011 is summarized as follows: 2012 2011 Interest and dividends $ 3,077 $ 7 868 Realized gains (losses) (901) Unrealized gains (losses) 24,243 (1,893) S 270320 S 5,074 FASC 820- 10 -65, Fair Value Measurements and Disclosures, establishes a fair value hierarchy that prioritizes the inputs to valuation techniques used to measure fair value. This hierarchy consists of three broad levels: Level 1 inputs consist of unadjusted quoted market prices in active markets for identical assets and have the highest priority, and Level 3 inputs have the lowest priority. The Aggieland Humane Society uses appropriate valuation techniques based on the available inputs to measure the fair value of its investments. When available, the Aggieland Humane Society measures fair value using Level I inputs because they generally provide the most reliable evidence of fair value. No Level 2 inputs were available, and Level 3 inputs were only used when Level I or Level 2 inputs were not available. Level l — The fair value of securities and other investment instruments is based on quoted net asset values of the shares held at year end. Level 1: Investments 2012 120,322 $ 1� 2.22 2011 95,841 $x'841 See independent auditors' report. 9 P9,_ ZO L AGGIELAND HUMANE SOCIETY NOTES TO FINANCIAL STATEMENTS SEPTEMBER 30, 2012 AND 2011 Note S — Summary of Change in Net Assets For the year ended September 30, 2012, changes in net assets attributable to program (animal care), contributions and fundraising, and administration are as summarized below, In -kind amounts shown include contributed services and materials totaling $351,596. Program Contributions Other/ (animal care) and Fundraising Administrative Total Support and revenue $ 607,717 $ 601,040 (1) $ 153,744 $ 1,362,501 Expenses 980,469 (2) 80,443 (3) 139,607 1,200,519 $ (372,752) $ 520,597 � $® (1) includes $351,596 in -kind (2) includes $303,968 in -kind (3) includes $48,328 in -kind Note 9 — Date of Management Review Management has evaluated subsequent events through January 15, 2013, the date the financial statements were available to be issued. See independent auditors' report. 10 Pg. _Z 0�