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HomeMy WebLinkAbout2013-07-16-10:00AM-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 JULY 16, 2013 AT 10:00 AM IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVE., SUITE 106, BRYAN, TX 77803 12 A f- i 9 116 xy" 7- - Invocation and - Pledge of -Allegiance -- US. -and Texas Fiag -- Chaplainf.H. Jonesand Judge Peters. 2. Call for Citizen input and/or concerns. Consider and take action on agenda items 3 - 21: 3. Consider and possible action regarding a Burn Ban. 4. Resolution 13 -014 recognizing the participants of the 2013 TexasTaland Young Farmer Exchange of the Texas Aaricultural Lifetime Leadership - TALL program. 5. Order relocating golfing place fore Election Precincts 11/21/22 Orden Para trastadar of sitio de votacidn por proWnctos de elecciones numero 11/2L22. 6. Appointment of Jeffrey Nutall as a non -paid Reserve Deputy for Constable Precinct 2 office 7. Request for out of state travel for Judge Steve Smith to attend the American Bar Association Annual Meetina in San Francisco CA: dates of travel are August 8.10. 2013. g, Approval of Section 8.0.7 A) Passing of and Employee While on the Job in the Employee Manual g, Approval of the Interlocal Agreement between Brazos County. the City of College Station and the City of Bryan for the 2013 Byrne Justice Assistance Grant (JAG) Proaram Award. 10, Interlocal Agreement with Lubbock County to provide court appointed counsel for individuais charged with the offense of captial murder (death ehaible) durina FY 2013. 1 1 . Award of bid contract 2013 -55 Carpet Cleaning to Asure Carpet. pg. 1 2. Approval of the Assignment of Contract Funds with Southwest Escrow Company and CLM Eneroy Services. 13. S 14. 15. 16. Consider and take action on the Wellborn SUD utIIItV permit to construct 2" road bore under Allen Road. Proiect will provide water service to new customer. Site Is located in Precinct 4. 17. 18. Tax Refund Applications for the following: 0 a. Nanette S. RoeniokoveroavmentS8.89 • b. Angela & Curtis Stronooveroavment- 5357.35 19. Budget Amendments. Budaet Amendments FY 12/13 41.1 thru 41.3 - 20. Personnel Change of Status: Personnel Action Forms 21. Payment of Claims. 22. Sheriffs report on inmate population. 23. Announcement of interest items and possible future agenda topics. 24. Call for Citizen input and/or concerns. 25. Adjourn. Vol. 8 Pg. PUBLIC COMMENTS Public Comment during the Commission Meeting may be for all matters, both on and off the agenda, and be limited to tour minutes per person. Persons are invited to submit comments in writing on the agenda Items and/or attend and make comment at the Commission meall 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 16 of the Texas Constitution. As a Constitutional Court, the Brazos County Commissioners Court also possesses the pourer to issue a Contempt of Court Citation under Section 61.024 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 ordery and appropriate manner will be ordered to leave the meeting. Refusaf to abide by the Court's Order aruLOr 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 towns for the demeaning of any individual or group. Neither is it the intention of the Court to allow a member (or members) of the public to insult the honesty and/or integrity of the Court, as a body, or any member or members of the Court, or County employees, individually or collectively. Accordingly, profane, insulting or threatening language directed toward the Court and/or any person in the Court's presence and/or racial, ethnic or gender slurs or epithets will not be tolerated. Violation of these rules may result in the following sanctions: 1. cancellation of a speaker's time; 2. removal from the Commissioners Court; 3. a Contempt Citation; and/or 4. such other and/or criminal sanctions as may be authorized under the Constitution, Statutes and Codes of the State of Texas. The County Commissioners Court can deliberate or take action only if a matter has been listed on an agenda property posted prior to the meeting. During the public comment pedal, speakers may address matters not listed on the published agenda The Open Meeting taw does not expressly prohibit responses to public comments by the Commissioners Col 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 tactual inaccuracies, recite existing policy in response to an inquiry or to ask that a matter be listed on a future agenda. See Texas Open Meetings Act ? 551.042. INVOCATION Any invocation that may be offered before the official start of the Court meeting shall be to and for the benefit of the Court. The WOWS 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 77603 is wheelchair accessible. Handicap parking spaces are available. Any request tar sign interpretive services must be made two working days before the meeting. To make arrangements, please call (979) 361 -4102. Vol. P9 BRAZOS COUNTY BRYANJEXAS MINUTES July 16, 2013 BRAZOS COUNTY COMMISSIONERS COURT REGULAR MEETING 2 Sionatue Page-pdf AD File Stamped Aaenda.pdf 2 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, July 16, 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, Absent, 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 Judge Peters. Call for Citizen input and /or concerns. There was no citizen's input. Consider and take action on agenda items 3 - 21: Vol. Pg. 3. Consider and possible action regarding a Burn Ban. Item 3.odf Michele Meade, Assistant Emergency Management Coordinator did not have the KBDI numbers that reflected yesterday's rainfall. It was recommended that the Court wait to see if there will be additional rainfall before approving a burn ban, because once approved it will need to remain in effect for quite a while. Motion: Table , Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 4 -0. Members voting Aye: Catalena , Mallard , Peters , Wassermann . Members Absent: Cauley. . 4. Resolution 13 -014 recognizing the participants of the 2013 Texas /Poland Young Farmer Exchange of the Texas Agricultural Lifetime Leadership - TALL program. 2) Item 4.odf Resolution 13 -014 recognizes the participants in the Texas /Poland Young Farmer Exchange of the Texas Agricultural Lifetime Leadership -TALL program. A copy is attached. Motion: Approve , Moved by Commissioner Kenny Mallard, Seconded by Commissioner Sammy Catalena. Passed. 4 -0. Members voting Aye: Catalena, Mallard , Peters, Wassermann . Members Absent: Cauley. . 5. Order relocating polling place fore Election Precincts 11 /21 /22.Orden para trasladar el sitio de votaci & #243;n por precinctos de elecciones n & #250;mero 11/21/22. 2) Item 5.odf The polling place for Election Precincts 11/21/22 is currently in the Cavitt Church of Christ located at 320 Cavitt Avenue, Bryan, Texas. The church is no longer available for use. For the convenience of the voters, it is recommended that Election Precincts 11/21/22 be moved to the College Heights Assembly of God Church located at 4100 Old College Road, Bryan, Texas. Pursuant to Chapter 3 of the Texas Election Code that the location of the polling place be relocated to the College Heights Assembly of God Church, located at 4100 Old College Road, Bryan, Texas. Motion: Approve , Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 4 -0. Members voting Aye: Catalena, Mallard , Peters, Wassermann . Members Absent: Cauley. . 6. Appointment of Jeffrey Nutall as a non -paid Deputy for Constable, Precinct 2 office. Item 6. df The request to appoint Jeffrey Nutall as a non -paid deputy for the office of Constable, Precinct 2 was approved as submitted, contingent on the appointment being within the allotted number of deputies. Judge Peters noted a typo on the agenda listing Jeffrey Nutall as a reserve deputy. The agenda should have simply read non -paid deputy. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 4 -0. Members voting Aye: Catalena, Mallard , Peters , Wassermann . Members Absent: Cauley. . 7. Request for out of state travel for Judge Steve Smith to attend the American Bar Association Annual Meeting in San Francisco, CA; dates of travel are August 8 -10, 2013. 10 Item Todf Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by County VQ,. l PW21 Illy. s Judge Duane Peters. Passed. 4 -0. Members voting Aye: Catalena, Mallard , Peters , Wassermann . Members Absent: Cauley. . 8. Approval of Section 8.0.7 A) Passing of and Employee While on the Job in the Employee Manual 0 Item 8.pdf Section 8.0.7 A of the Employee Manual addressing the death of an employee while on the job was approved as submitted. A copy is attached. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Kenny Mallard. Passed. 4 -0. Members voting Aye: Catalena, Mallard Peters, Wassermann . Members Absent: Cauley. . 9. Approval of the Interlocal Agreement between Brazos County, the City of College Station, and the City of Bryan for the 2013 Byrne Justice Assistance Grant (JAG) Program Award. 10 Item 9.pdf The Interlocal Agreement between Brazos County and the City of College Station and the City of Bryan for the 2013 Byrne Justice Assistance Grant (JAG) Program Award was approved as submitted. It was later that the Court realized that it had already approved this on June 11, 2013. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Kenny Mallard. Passed. 4 -0. Members voting Aye: Catalena, Mallard Peters , Wassermann . Members Absent: Cauley. . 10. Interlocal Agreement with Lubbock County to provide court appointed counsel for individuals charged with the offense of captial murder (death eligible) during FY 2013. 10 Item 10.Ddf A copy is attached. Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by Commissioner Kenny Mallard. Passed. 4 -0. Members voting Aye: Catalena, Mallard , Peters, Wassermann . Members Absent: Cauley. . 11. Award of bid contract 2013 -55 Carpet Cleaning to Asure Carpet. T0- Item 11.pdf A copy of the bid tabulation is attached. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 4 -0. Members voting Aye: Catalena, Mallard , Peters, Wassermann . Members Absent: Cauley . 12. Approval of the Assignment of Contract Funds with Southwest Escrow Company and CLM Energy Services. 20 Item 12.)d 13. A copy is attached. Motion: Approve , Moved by Commissioner Kenny Mallard, Seconded by County Judge Duane Peters. Passed. 4 -0. Members voting Aye: Catalena , Mallard , Peters , Wassermann . Members Absent: Cauley. . Item 13.pdf E- 01 / pg. 6 a. Approval of quote #305740 -00 for Texas Communication mobile installation crew to travel off site from the Texas Communications Facility to the SO Administration Building and remove equipment from unit 157 (CIP shows unit 159) and unit 161 in the amount of $55.00. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Kenny Mallard. Passed. 4 -0. Members voting Aye: Catalena, Mallard , Peters, Wassermann . Members Absent: Cauley. . b. Approval of service invoice #14891 for extra parts needed for installation on Unit #177 (Crime Intervention Vehicle - Jail) in the amount of $180.74. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 4 -0. Members voting Aye: Catalena, Mallard , Peters , Wassermann . Members Absent: Cauley. . 14. Request permission to enter private property owned by Paul and Judy Dorn located on Quail Run. Project will reshape drainage ditch to achieve proper drainage along easement. This work is being performed for the health, safety and welfare of the general public. Site is located in Precinct 1. D Item 14. pd Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 4 -0. Members voting Aye: Catalena, Mallard, Peters , Wassermann . Members Absent: Cauley. . 15. Request permission to enter private property owned by Larry and Carolyn Todd located on Blue Quail Lane. Project will reshape drainage ditch to achieve proper drainage along easement. This work is being performed for the health, safety and welfare of the general public. Site is located in Precinct 1. Item 15. pd Motion: Approve , Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Kenny Mallard. Passed. 4 -0. Members voting Aye: Catalena, Mallard , Peters, Wassermann . Members Absent: Cauley. . 16. Consider and take action on the Wellborn SUD utility permit to construct 2" road bore under Allen Road. Project will provide water service to new customer. Site is located in Precinct 4. 10 Item 16.odf Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Kenny Mallard. Passed. 4 -0. Members voting Aye: Catalena, Mallard , Peters, Wassermann . Members Absent: Cauley. . 17. Consider and take action on acceptance of the roads (Buena Suerte, Conquistador Circle and Suertero Street) and associated roadway drainage structures of El Camino Real Estates into the Brazos County road maintenance system. Site is located in Precinct 4. Item 17.odf Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner Sammy Catalena. Passed. 4 -0. Members voting Aye: Catalena, Mallard , Peters, Wassermann . Members Absent: Cauley . 18. Tax Refund Applications for the following: Vol. Z tf'� , Pg.- 1D Item Modf • a. Nanette S. Roenigk- overpayment -$8.89 • b. Angela & Curtis Strong- overpayment - $357.35 Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 4 -0. Members voting Aye: Catalena, Mallard, Peters , Wassermann . Members Absent: Cauley. . 19. Budget Amendments. Budget Amendments FY 12/13 41.1 thru 41.3 0 Item 19.1A f 41.1 Recognize bond fees for Community Supervision and Corrections Department 41.2 Recognize revenue for MPO 41.3 Recognize fees received for Pre -Trial Officer Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by Commissioner Kenny Mallard. Passed. 4 -0. Members voting Aye: Catalena, Mallard , Peters, Wassermann . Members Absent: Cauley. . 20. Personnel Change of Status. Personnel Action Forms ?b Item 20.1)df A copy of the personnel Change of Status Requests is attached. Motion: Approve , Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Kenny Mallard. Passed. 4 -0. Members voting Aye: Catalena, Mallard , Peters, Wassermann . Members Absent: Cauley. . 21. Payment of Claims. D Claims SheeLodf 0 BILL LIST 07.16.13.odf 7112014 through 7112240 Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 4 -0. Members voting Aye: Catalena, Mallard, Peters , Wassermann . Members Absent: Cauley. . 22. Sheriff's report on inmate population. Sheriff Chris Kirk stated there were 638 inmates in jail, 59 have electronic monitors and 14 are pending for monitors. 23. Announcement of interest items and possible future agenda topics. Tom Quarles introduced Lance Moore as the new Director of the Brazos Center. He started yesterday. He came from the Lufken Civic Center and before that Diboll. Commissioner Mallard announced that Commissioner Cauley was in Washington D.C. this week. 24. Call for Citizen input and /or concerns. Vol. The County Judge thanked Mr. James Edge from Congressman Bill Flores' office for attending today's court meeting. 25. Adjourn. The foregoing minutes of the Commissioners Court meeting held July 16, 2013 have been examined and are approved in open Court this I 3� day of 2013, in Bryan, Brazos County, Texas. Duane Peters County Judge ammy CatajAna Commissiolier, Precinct 2 Irma Cauley '-� Commissioner, Precinct Attest: Karen McQueen County Clerk Vol /YA Page /0 Lloyd assermann Commissioner, Precinct 1 Kenny Mallard Commissioner, Precinct 3 BRAZOS COUNTY COMMISSIONERS COURT Meeting on--- - - - -�� BRAZOS COUNTY COMMISSIONERS COURT Meeting on ! Ali , i n& ft Name Organization / Department -c' 41c; c; 0 J R413 L.O . PAGE ?—of Z Vol. l 4roz pg. /,?- Resolution WHEREAS, The Brazos County Commissioners Court takes pride in recognizing the participants in the Texas/Poland Young Farmer Exchange of the Texas Agricultural Lifetime Leadership- TALL program; and WHEREAS, The Texas Agricultural Lifetime Leadership program is part of -the Texas A &M AgriLife Extension Service within the Texas A &M University System and is now in its 25th year of operation; The Texas/Poland Young Farmer Exchange program is designed to improve the knowledge about the agriculture industry and agricultural production in Poland and in Texas; and WHEREAS, Candidates for the program are selected for leadership integrity and effectiveness, analytical and communicative skills, potential for growth, and vocational commitment; and WHEREAS, The goals of the program are, to better understand new technologies, to develop cooperation between institutions, universities, fanners organizations and people from the agriculture sector, and to build a good relationship between Poland and USA; and WHEREAS, The Texas/Poland Young; Farmer Exchange participants consists of 10 young farmers from Poland and 6 young farmers from Texas; during a 6 week span, the Polish Farmer participants have studied Texas agriculture including production practices, policies, environmental regulations, marketing and international opportunities; and WHEREAS, The members of the Texas/Poland Young Farmer Exchange are devoting their time, resources and energy in discovering how to solve the complex agricultural issues facing the world, and they deserve recognition for their dedication and commitment; NOW THEREFORE, BE IT RESOVED That the Brazos County Commissioners Court, hereby congratulates the members of the 2013 Texas/Poland Young Farmer Exchange on their participation in this esteemed program and extend to them best wishes for the future. DULY adopted by vote of the 2013. fltiGd CEclit44. Comm ssioner Lloyd Wassermann Precinct 1 Commissioner any Mall Precinct 3 ,_.►�1, Texas.on the '� day of Duane Peters County Judge 'CoardiissioneySammy Catalena recinct 2 AixPh�' Commissioner Irma Cauley Precinct 4 13 -0m ORDER RELOCATING POLLING PLACE FOR ELECTION PRECINCTS 11/21/22 WHEREAS, there exists at the present time a certain polling place which can not be used for the purpose of conducting elections; and WHEREAS,, the polling place for Election Precincts 11/21/22 was currently located in the Cavitt Church of Christ located at 3200 Cavitt Avenue, Bryan, Texas; and WHEREAA, the Cavitt Church of Christ is no longer available for use; and WHEREAS, for the convenience of the voters it is recommended that Election Precincts 11/21/22 be moved to the College Heights Assembly.of God located. at 4100 Old College Road, Bryan, Texas: NOW THEREFORE, BE IT RESOLVED BY THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS, THAT: Pursuant to chapter 43 of the Texas Election Code that the location of the polling place be relocated in Brazos County to wit: and THAT the polling place for Election Precincts 11/21/22 be located in the College Heights Assembly of God, located at 41100 Old College Road, Bryan, Texas. 4 ADOPTED this day of and d NAYS. ATTEST: An M County Clerk- 2013 by vote of AYES Duane County Vol. INTERLOCAL AGREEMENT BETWEEN BRAZOS COUNTY, THE CITY OF COLLEGE STATION, AND THE CITY OF BRYAN FOR THE 2013 BYRNE JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARD This Agreement is made and entered into by and between Brazos County, Texas (hereinafter referred to as the "County"), acting through its Commissioners' Court, the City of College Station (hereinafter referred to as "College Station "), a Texas Home Rule Municipal Corporation, acting through its City Council; and the City of Bryan, Texas (hereinafter referred to as "Bryan "), a Texas Home Rule Municipal Corporation, acting through its City Council. WHEREAS, the County, College Station, and Bryan wish to submit a joint application for grant funds under the U.S. Department of Justice's 2013 Edward Byrne Memorial Justice Assistance Grant (JAG) Program; and WHEREAS, as a condition precedent to receiving a JAG award, the County, College Station, and Bryan are required to enter into an inter -local agreement designating one joint applicant to serve as the applicant/fiscal agent for the joint funds; and WHEREAS, Bryan will serve as the applicant/fiscal agent; and WHEREAS, Chapter 791 of the TEXAS GOVERNMENT CODE, also known as the INTERLOCAL COOPERATION ACT, authorizes all local governments to contract with each other to perform governmental functions or services; and WHEREAS, the parties represent that each is independently authorized to perform the functions or services contemplated by this Agreement; and WHEREAS, each governing body, in performing governmental functions or in paying for the performance of governmental functions hereunder, shall make that performance or those payments from current revenues legally available to that party; and WHEREAS, each governing body finds that the performance of this Agreement is in the best interests of all parties, that the undertaking will benefit the public, and that the division of costs fairly compensates the performing party for the services or functions under this Agreement; and WHEREAS, Bryan agrees to provide the County $7,897.50 from the JAG award for the purpose of supporting local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, information technology, research and evaluation activities that will improve or enhance law enforcement programs; and WHEREAS, Bryan agrees to provide College Station $14,594.50 from the JAG award for the purpose of supporting local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, information technology, research and evaluation activities that will improve or enhance law enforcement programs; and WHEREAS, Bryan shall use their $30,158.00 from the JAG award for the purpose of supporting local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, information technology, research and evaluation activities that will improve or enhance law enforcement programs; and Vol. Z .Z pg. /S'__ WHEREAS, College Station, Bryan and the County believe it to be in their best interest to reallocate the JAG funds as described above, NOW, THEREFORE, the parties hereto, in consideration of the mutual covenants and conditions contained herein, promise and agree as follows: 1. Bryan agrees to pay the County a total of $7,897.50 of JAG funds. 2. The County agrees to use the $7,897.50 for the purpose of supporting local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, information technology, research and evaluation activities that will improve or enhance law enforcement programs. 3. Bryan agrees to pay College Station a total of $14,594.50 of JAG funds. 4. College Station agrees to use $14,594.50 for the purpose of supporting local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, information technology, research and evaluation activities that will improve or enhance law enforcement programs. 5. Bryan agrees to retain a total of $30,158.00 of the JAG funds. 6. Bryan agrees to use $30,158.00 for the purpose of supporting local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, information technology, research and evaluation activities that will improve or enhance law enforcement programs. 7. The parties to this Agreement do not intend for any third party to obtain a right by virtue of this Agreement. 8. By entering into this Agreement, the parties do not intend to create any obligations express or implied other than those set out herein; further, this Agreement shall not create any rights in any party not a signatory hereto. 9. No party shall have the right to direct or control the conduct of the other parties with respect to the duties and obligations of each party under the terms of this Agreement. 10. Each entity shall ensure that all applicable laws and ordinances have been satisfied. 11. Effective Date and Term. This Agreement shall be effective when signed by the last party who's signing makes the Agreement fully executed and will remain in full force and effect until September 30, 2016, 12. INDEMNIFICATION. Subject to the limitations as to damages and liability under the Texas Tort Claims Act, and without waiving its governmental immunity, each party to this Agreement agrees to hold harmless each other, its governing board, officers, agents and employees for any liability, loss, damages, claims or causes of action caused, or asserted to be caused, directly or indirectly by any other party to this Agreement, or any of its officers, agents or employees as a result of its performance under this Agreement. 13. CONSENT TO SUIT. Nothing in this Agreement will be construed as a waiver or relinquishment by any party of its right to claim such exemptions, privileges and immunities as may be provided by law. Vol. gr.Z pg. / G 14. In all i • If any provision of this Agreement shall be held to be invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The parties shall use their best efforts to replace the respective provision or provisions of this Agreement with legal tents and conditions approximating the original intent of the parties. 15. Written Notice. Unless otherwise specified, written notice shall be deemed to have been duly served if delivered in person or sent by certified mail to the business address as listed herein. CITY OF COLLEGE STATION: City Manager City of College Station P. O. Box 9960 College Station, Texas 77842 CITY OF BRYAN: City Manager City of Bryan P.O. Box 1000 300 South Texas Avenue Bryan, Texas 77803 BRAZOSCOUNTY: County Judge Brazos County 300 East 291" Street, Suite 114 Bryan, Texas 77803 16. Entire Agreement. It is understood that this Agreement contains the entire agreement between the parties and supersedes any and all prior agreements, arrangements, or understandings between the parties relating to the subject matter. Nor oral understandings, statements, promises, or inducements contrary to the terms of this Agreement exist. This Agreement cannot be changed or terminated orally. No verbal agreement or conversation with any officer, agent, or employee of any party before or after the execution of this Agreement shall affect or modify any of the terms or obligations hereunder. 17. Amendment, No Amendment to this Agreement shall be effective and binding unless and until it is reduced to writing and signed by duly authorized representatives of both parties. 18. Texas Law, This Agreement has been made under and shall be governed by the laws of the State of Texas. 19. Place of Performance. Performance and all matters related thereto shall be in Brazos County, Texas, United States of America. Vii. /14 Pg. 20. Authority to Enter Contract. Each party has the full power and authority to enter into and perform this Agreement and the person signing this Agreement on behalf of each party has been properly authorized and empowered to enter into this Agreement. The persons executing this Agreement hereby represent that they have authorization to sign on behalf of their respective corporations. 21. Waiver. Failure of any party, at any time, to enforce a provision of this Agreement, shall in no way constitute a waiver of that provision, nor in anyway affect the validity of this Agreement, any part hereof, or the right of either party thereafter to enforce each and every provision hereof. No term of this Agreement shall be deemed waived or breach excused unless the waiver shall be in writing and signed by the party claimed to have waived. Furthermore, any consent to or waiver of a breach will not constitute consent to or waiver of or excuse any other different or subsequent breach. 22. Agreement Read. The parties acknowledge that they have read, understand and intend to be bound by the terms and conditions of this Agreement. 23. Assignment. This Agreement and the rights and obligations contained herein may not be assigned by any party without the prior written approval of the other parties to this Agreement. 24. Multiple Originals. It is understood and agreed that this Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. Vol. Contract No. EXECUTED this the —� day of 12013 by BRAZOS COUNTY, ATTEST: Karen McQueen County Clerk STATE OF TEXAS § COUNTY OF BRAZOS § OS By: DUANE PETERS County Judge APPROVED AS TO FORM: Bill Ballard Counsel for Brazos County ACKNOWLEDGEMENT BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Duane Peters, County Judge of Brazos County, Texas, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed it for the purpose and consideration therein expressed, and in the capacity therein stated. �GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , A.D. 2013. I °w� � ° BEATRIZ D. GREEN ' ota Public t to of Texas N Notary PUbNC, Stare of Texas > `j My commobn Expires My Commissi n�xpires: �•R.w JUNE 11, 2014 Vol. / 8..2 pg• -/ Contract No. EXECUTED this the /ell/ day of ATTEST: MINAW&MINIZAR - 2013 by CITY OF COLLEGE STATION. CITY OF COLLEGE STATION A APPRC 1 rN-C12 -rte Alel1'hd City Manager &'0'-qr4 City Attorney u(L':� Exec y i e rector Business Services 2013 Justice Assistance Grant [VOI.- Pg. O Contract No. EXECUTED this the.CWA day of , �L- A/UlL, 2013 by CITY OF BRYAN. ATTEST: Mary Lynn Eiratta City Secretary STATE OF TEXAS § COUNTY OF BRAZOS § CITY OF BRYAN By: Fob JASON P. BIENISKI Mayor APPROVED AS TO FORM: Janis K. Hampton City Attorney ACKNOWLEDGEMENT BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared, Jason P. Bienski, Mayor of Bryan, Texas, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed it for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this ZT'hday of _7L LX09, A.D. 2013. A A AICCOY My Comnli ommissbn ErtpkN July 28. 2016 Public to Texas My CommissVn Expires: / �W., Pg. mil_ INTERLOCAL AGREEMENT This interlocal agreement (the "Agreement ") is made by and between LUBBOCK COUNTY, TEXAS ( "LUBBOCK COUNTY"), a political subdivision of the State of Texas, acting through the Regional Public Defender for Capital Cases (the "PD "), and BRAZOS COUNTY, TEXAS ( "PARTICIPANT "), a political subdivision of the State of Texas, (also, individually, a "Party" or, collectively, the "Parties "). This Agreement is made pursuant to the Fair Defense Act, Texas Code of Criminal Procedure 26.044(b), and Texas Government Code Chapter 791. RECITALS WHEREAS, each Party finds: 1) that the subject of this Agreement is necessary for the benefit of the public; and 2) that it has the legal authority to perform and to provide the government function or service which is the subject matter of this Agreement; and, WHEREAS, the performance of this Agreement by LUBBOCK COUNTY and PARTICIPANT will be in the common interest of the Parties; NOW, THEREFORE, the Parties agree as follows: ARTICLE PROGRAM 1.01 Program Purpose and Term. The Regional Public Defender for Capital Cases (the funded by the Texas Indigent Defense Commission Multi -Year Discretionary Grant Program Funds (the "TIDC "), will provide court- appointed counsel for individuals charged with the offense of capital murder (death - eligible) in the participating counties, Regions, and who cannot afford to hire their own attorney. Inmates in units of the Texas Department of Criminal Justice within the region who are charged with capital murder will continue to be represented by the State Counsel on Offenders, or by private counsel in the case of a conflict. Capital murder cases filed against inmates in units of the Texas Department of Criminal Justice shall not be counted in the average number of capital murder cases filed in a county. The TIDC will provide funding to hire staff for the PD offices operating in the 1", 2nd 3,a 0, 5`h, 6`h, and 8`h Administrative Judicial Regions, as well as start-up costs for the I" and 8`h Administrative Judicial Regions, during Fiscal Year 2013 (October 1, 2012 - September 30, 2013). Participants recognize that counties from the 7`h and 9'h Administrative Judicial Regions are also participating in the program, with their participation costs bases upon "year 6" of said regions' inclusion as indicated below. Pursuant to continued funding thereafter, the TIDC is anticipated to provide funds to operate the PD office on a cost- sharing basis (Year 1 of Region's inclusion — 100 %, Year 2 of Region's inclusion — 100 %, Year 3 of Region's inclusion — 80 %, Year 4 of Region's inclusion — 60 %, Year 5 of Region's inclusion — 40 %, Year 6 of Region's inclusion — 2 i8,z Pg. �z 0 %). It is possible that the TIDC may consider additional funding mechanisms during Fiscal Years 2012 through 2017; however, the funding is not anticipated to be less than detailed above. In order to provide sustainable funding for the office and a fund balance for emergency situations, counties in the region will contribute, during Year 1 of inclusion - 0 %, Year 2 of inclusion — 30 %, Year 3 of inclusion — 40 %, Year 4 of inclusion — 60 %, Year 5 of inclusion — 80% and Year 6 of inclusion - 100% (with a minimum contribution of $1,000). All percentages are based upon the amount that would be required with no grant funding available (year 6 of regional inclusion). A detailed county allocation schedule is provided in Attachment I and is incorporated herein for all purposes. Based upon this cost - sharing approach, participating counties shall provide the remaining operating costs based upon a formula taking into account the population of the county (50 %) and the average number of capital murder cases filed between 1998 and 2008 (50 %). Such cost share payments shall be made from current funds available to the PARTICIPANT at that time, subject to an annual appropriation. The PD will develop a plan to share costs among the countie$ beyond the grant period; however, the PD's obligation to perform after the grant period is contingent upon receipt of continued funding. Interlocal Agreement shall become effective October 1, 2012 and continue in force until September 30, 2013 (Fiscal Year 2013) provided said agreement is executed on or before December 1, 2012. 1.02 Judges Authorized to Appoint PD. The District Courts in the participating Administrative Judicial Regions may participate in the Program. The Program allows the Honorable Judge(s) of the Judicial District having jurisdiction within PARTICIPANT's geographic boundaries (so long as the jurisdiction lies within the noted Administrative Judicial Regions) to appoint the PD for the Vial defense of death - eligible capital murder cases. In the event of a conflict of interest among defendants or a legal liability for the PD to accept appointment, the trial court shall appoint an attorney or attorneys other than the PD at the PARTICIPANT's expense. 1.03 Duties and Responsibilities of the PD. The PD will represent defendants at the trial or re -trial phase only. All decisions pertaining to the presentation of the case will be at the sole discretion of the PD. The PD will at all times be guided by and comply with his or her duties as a licensed attorney in the State of Texas and the Texas Disciplinary Rules of Professional Conduct in making these determinations. 1.04 Program Analysis. At least quarterly throughout the period of the grant and at the end thereof, the PD will prepare an analysis of the Program, as well as an estimated cost for PARTICIPANT's continued participation after all applicable grant funds are expended. The analysis will consist of a fiscal analysis and an analysis of the effectiveness of the PD in meeting pre - established goals and objectives. The PD will provide copies of the analysis to PARTICIPANT's Commissioners Court and to the Honorable Judges identified of the participating Administrative Judicial Regions. PARTICIPANT shall have three months from the date the cost analysis is provided to the Commissioners Courts to consider the analysis and determine whether it will continue to participate in the 3 Vol. pg. 2_ Program. If PARTICIPANT requests to continue participating in the Program, a new interlocal agreement as to funding and the funding cycle will be necessary. 1.05 Data for the Analysis. As consideration for its initial participation in the Program, PARTICIPANT agrees to provide the PD information as needed to conduct the analysis, including the current payment schedule for court- appointed counsel on capital murder cases, and the previous five fiscal years' data on the amount PARTICIPANT paid for appointed counsel on capital murder cases, if available. 1.06 Additional Experts. PARTICIPANT will continue to incur the expense of additional experts as approved by the local court. 1.07 Fact Investieators and Mitigation Specialists. The PD will provide a fact investigator and mitigation specialist to cases assigned to the office. 1.08 No other Costs Incurred. Neither the TIDC nor the PD will assume any additional costs associated with representation of indigent defendants. Costs of interpreters or any other collateral cost must be absorbed by PARTICIPANT. ARTICLE H OTHER TERMS AND CONDITIONS 2.01 Notice and Addresses. Unless otherwise specifically provided herein, all notices, reports, and invoices required under this Agreement shall be given in person or by certified or registered mail, addressed to the proper Party, at the following address: If to LUBBOCK COUNTY: Honorable Tom V. Head County Judge Lubbock County PO Box 10536 Lubbock, Texas 79408 And: Jack Stoffregen Chief Public Defender Regional Public Defender for Capital Cases P O Box 2097 Lubbock, Texas 79408 If to PARTICIPANT: Honorable Duane Peters County Judge 4 Brazos County 200 South Texas Ave„ suite 332 Bryan, Texas 77803 2.02 No Partnership. Nothing contained in this Agreement is intended to create a partnership or joint venture between the Parties and any implication to the contrary is hereby expressly disavowed. This Agreement does not create a joint enterprise, nor does it appoint any Party as an agent of the other Party, for any purpose whatsoever. 2.03 Waiver. The failure of any Party to insist upon the performance of any terms or provision of this Agreement or to exercise any right granted hereunder shall not constitute a waiver of that Party's right to insist upon appropriate performance or to assert any such right on any future occasion. 2.04 Benefit of the Parties. The terms and conditions of this Agreement are solely for the benefit of the Parties and are not intended to create any rights, contractual or otherwise, for any other person or entity. 2.05 Force Maieure. If the performance of any obligation under this Agreement is delayed by something reasonably beyond the control of the Party obligated to perform ( "Force Majeure"), that Party shall be excused from performing the obligation during that period, so that the time period applicable to the performance shall be extended for a period of time equal to the period that Party was delayed due to the event of Force Majeure. 2.06 Severability. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision and this Agreement shall be construed as if the invalid, illegal, or unenforceable provision had never been contained herein. 2.07 Prior Agreements Superseded. This Agreement constitutes the only agreement of the Parties and supersedes any prior understanding or written or oral agreements between the Parties respecting the within subject matter. 2.08 Amendments. In order to be binding, an amendment to this Agreement must be in writing, dated subsequent to the date of this Agreement, and executed by the Parties. 2.09 Withdrawal by Party. (a) Voluntary Withdrawal. Voluntary withdrawal by PARTICIPANT from the Agreement shall occur upon the affirmative decision by PARTICIPANT's Commissioners Court to withdraw from the Agreement and the withdrawing PARTICIPANT giving at least one hundred and eighty (180) calendar days notice to LUBBOCK COUNTY and the PD. The effective date of voluntary withdrawal shall VolL-J-4- Z pg,�_ be one hundred and eighty (180) calendar days after the withdrawing Participant gives notice to LUBBOCK COUNTY. Involuntary Withdrawal. PARTICIPANT shall be deemed to have involuntarily withdrawn from the Agreement upon the failure by the PARTICIPANT to pay any cost- sharing payment by the due date, as provided in a notice to the PARTICIPANT. PARTICIPANT shall be given thirty (30) days written notice of non - payment by LUBBOCK COUNTY and shall not be deemed to be in default until the expiration of thirty (30) days after receipt of the written notice. SIGNED AND EXECUTED this day of COUNTY OF LUBBOCK Honorable Thomas V. Head County Judge I•Ti'111LeRMI Honorable Kelly Pinion Lubbock County Clerk APPROVED AS TO CONTENT: Jack Stoffregen Chief Public Defender Regional Public Defender for Capital Cases REVIEWED FOR FORM: R. Neal Burt Civil Division Chief Criminal District Attorney's Office Lubbock CO Honorable Duane Peters County Judge ATTEST: M i Brazos County Clerk 201_ APPROVED AS TO CONTENT: REVIEWED FOR FORM: Vol. Pg. aG County r r x 2 2 2 Gl m m < O O m m m m m m D n 0 O N d L n V Q 3 3 o J — r�O -r W C 0 C � Js Q O J . < .O 0 o — aD O m � N N H N N F+ N lP W W LD A m N N In N N N V F+ V N N W w N N A N W In N m 1p V N Vt N V 00 W lD W 00 O V F+ OD A A 00 O m N A m N F+ V Da V v w O m m In O N DD V N N w N m p V V N N W 1p A V N m O V W W w w W O 0 N N A �-+ l0 W l0 W N m m M V A m m m �-+ a O F+ A V O In V A w 00 A W O O S N W w N N W w N w W N w N N W W w W W W N N N N J J J J J J 0 J W W J J w w W N J w N J a a a n n n n a a a c J N O N N A W W A In N N N m N N N V N O N w W A N 0~t LND F-+ V V N W W �0 N V1 VI l!L N N 00 lD A lD m lD A V m A W N W In W DO l0 m 00 lD V N V N .Q In O b A W W In tJ1 O OD H l0 m O 00 V N H V N W A N l0 m A A V m i-+ l0 O O 0) O "Ica 00 V 0o A W10 W O V N N A W m In w 1-+ N A N m O V A N A A In O N W A A A V W V V N m O !n In W W V w H N O W O N W O O W O O N O O 1 O O A 0 0 0 F+ O F+ O O O O p N! 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O 00 t0 W 0pp011 W OD cn n A CA O A O In -,D to M IO LO N O N 00 V O m N A lO N N W O OD V V N O M N to N to to to to to in iA to N to to t N H N N in to A N W W N N N A /A N N W M N A N m W N to I+ F+ N N OD M A OD m 1D N W W W �.+ N V1 N M m N OD OD 01 A A A O1 w W O1 O w V 00 tO 00 OD N V V In N m i+ CD O1 O O m O M A O w N O w A w 00 ► w A N l0 A W M m W F w M V N M 00 A m W N F+ W {D N N to to N to to N to tN o tW o tm o to o tM M N N N N r N N M N A A N M N N O A N N O N W W A N W V W w N O ],.ON M Vf 0N 0 S N W0 r V V a% AA AN cn r pO O m r M V O W V m O m i w A A 0V lO N oo m Oo O Vol. / 8 A Pa. aY___ CHIEF PUBLIC DEFENDER lack Stoffregen Deputy Public Defender Philip Wischkoemper Office Administrator Elaine Nauert Assistant Public Defender William P.H. Boyles Mary Elizabeth Conn Melissa Franklin Anna Maria Jimenez Edward Ray Keith, Jr. Keri Mallon Anthony C. Odiome Maxwell C. Peck III Dennis R. Reeves Matthew Seymour Thomas J. "Jay" Wooten John E. Wright Senior Investigator Albert Miraval Investigator Isabel De La Rosa Kirk D. Noaker, Sr. Rudy O'Brien Juan Raul ` JR" Soto Rodnic Ward Senior Mitigator Robert Cowie Mitigator Stephanie Bell Robin Boggs Robert Graves Roland Hernandez Ricardo Jimenez Kama Lawrence Jordan Parnell Joanna Petrov Seth Starkey Joseph Ward Nicole Williams Legal Assistant Berenice De Leon Sherri Griffith Crystal Morales Leticia Noel Lindsey Wilson REGIONAL PUBLIC DEFENDER FOR CAPITAL CASES P. 0. Box 2097 Lubbock, Texas 79408 Main Phone: (806) 775 -5650 Fax: (806) 775 -7954 July 5, 2013 Honorable Duane Peters Brazos County Judge 200 South Texas Ave., suite 332 Bryan TX 77803 Re: 2013 Interlocal Agreement Dear Judge Peters: Our office is in the final process of obtaining contributions and signed Interlocal Agreements for the fiscal year ending 2013. At this time, we do not show that we have received a signed Interlocal Agreement for your county, although we have received your payment. It would be greatly appreciated if you would sign the Interlocal Agreement and return to our office at the above - address as soon as possible. Should you have any questions or need more information regarding this, please do not hesitate to contact our office. Yours very truly, Jack Stoffregen Vol. Amarillo Angleton Burnet King m@ Lub oc 1 Wichita Falls (806) 349 -4848 (979) 864 -1391 (512) 7564621 (806) 77 -5650 _(_8_06_)_775-5M (Y3ij 688 4362 (940) 716 -8576 2013 -55 Carpet Cleaning Tabulation July 16, 2013 - September 30, 2016 Location Estimated SQFT Asure Carpet Ag Extension 2,600 $375.00 Adult Probabtion 11,500 $1,375.00 Brazos Center 9,400 $1,400.00 Health Department 8,430 $2,000.00 Juvenile Justice Center 15,385 $3,800.00 Road and Bridge 2,500 $300.00 Tax Office 6,000 $720.00 Maxwell Building 6,400 $640.00 Justice of the Peace Pct 3 2,700 $325.00 Courthouse 53,000 $4,770.00 Administration Building 47,300 $4,250.00 Sheriffs Office 12,000 $1,300.00 Exposition Complex 24,350 $2,435.00 Lily Building 2,944 $300.00 Cost per Square Foot for Spot Cleaning $0.30 with $45.00 Minimum Recommended Award: Asure Carpet Approve b om issione urt on this — day of JL PA/ .2013 by Iding the position of ra JaLr)kA JI'daf. Vol. _�_�� pg..3 O EXHIBIT "A" 2013 -55 Carpet Cleaning Solicitation of Quotes Fill out "Solicitation of Quotes" form and hand deliver or mail to the Brazos County Purchasing Department 200 South Texas Ave Suite 352; Bryan TX 77803 in a sealed envelope clearly marked "SOQ 2013 -55, Carpet Cleaning ". Include the signed Contract and a copy of the required insurance with the submission of quotes. The required Insurance is listed in the attached Contract. Quotes must be received by the Brazos County Purchasing Department by 2:OOp.m., Tuesday July 2 2013 or they will not he considered. Brazos County will not accept any pricing if delivered via email or fax. Pricing proposals or SOQ's delivered to any other person or department other than previously specified, will not be considered responsive. Brazos County is soliciting quotations for carpet cleaning for all Brazos County buildings. Some Brazos County buildings will have high traffic areas and/or low traffic areas. The Brazos County Building Maintenance Department cleans these buildings on a daily basis and may need assistance with occasional carpet spot cleaning and/or occasionally need an entire building's carpet cleaned. Carpet cleaning service will be on an "as needed basis ". Quotes are to be effective for a period of three (3) years with an option for renewal for 2 (two) additional I (one) year periods starting July 16, 2013 through September 30, 2016. Please post any questions about specifications or this contract on the Brazos Valley Online Bidding System; httos: //brazosbid.estx..ov by the question deadline, June 24, 2013 at 5:00pm. Any questions received after the said date and time will not be answered. Brazos County will not accept any questions via email. SPECIFICATIONS 1. Vendor shall provide a truck mounted unit for all carpet cleaning done for Brazos County. 2. Vendor's truck mounted cleaning system must have suction of no less than 285 efm 3. Vendor shall dump all evacuated waste water from the cleaning of carpets into a sanitation system in accordance with EPA regulations. 4. When carpet cleaning is needed, the Brazos County Building Maintenance Department will schedule the service with vendor. 5. Vendor must be able to provide carpet cleaning service between the hours of 8:00am — 5:OOpm Monday — Friday. 6. Vendor must receive a purchase order from the Building Maintenance department before starting any work. 7. Once service is completed, the vendor will send invoices to the Brazos County Building Maintenance Department located at 206 N. Washington Ave. Bryan, TX 77803 to the Attention of Jeanine Scarmardo. Exhibit A Page 1 of 4 1 Vol �Oo2 �r- 8. Vendor will provide the purchase order #, location that was cleaned, the square footage that was cleaned and the date of service on each invoice. 9. Vendor shall provide quotes for each location and its square footage provided below. 10. Vendor must provide a quote per square footage for spot cleaning and treatments. 11. Quotes provided shall include any fuel charges, freight or other associated, miscellaneous cost not specified herein. AWARD The contract award shall be based on, but not necessarily limited to, the following factors: a. Cost b. Special needs and requirements of Brazos County C. Time needed to complete service d. Location of Vendor (distance that vehicles will travel for services) e. Vendor's past performance record with Brazos County Although the cost of producWservice to be provided is an essential part of the award, Brazos County is not obligated to award a contract on the sole basis of cost but will award to vendor considered to be the best value to Brazos County. Vendor must sign and agree to all terms and conditions of Brazos County Service Contract (SOQ 2013 -55) or quote will not be considered. Successful Bidder must Provide evidence of Workman's Como, General Liability I and Automobile Insurance Prior to award Full description of Insurance requirements is listed in the attached Contract Fill out "Solicitation of Quotes" form and hand deliver or mail to the Brazos County Purchasine Department, 200 South Texas Ave. Suite 352• Bryan TX 77803 in a sealed envelope clearly marked "SOQ 2013 -55, Carpet Cleaning ". Include the signed Contract and a copy of the required insurance with the submission of quotes. The required Insurance is listed in the attached Contract. ()notes must be received by the Brazos County Purchasing Department by 2:00P.m. Tuesday July 2 2013 or they will not be considered. Brazos County will not accept any pricing if delivered via email or fax. Pricing proposals or SOQ's delivered to any other person or department other than previously specified, will not be considered responsive. Exhibit A p Page 2 of 4 Vol. A 8Z p9.3..7, Solicitation for Ouotes Location Estimated SQ FT Cost Ag Extension 2,600 CY0 Adult Probation 11,500 I aj -s-. 00 Brazos Center 9,400 1 `4 C,)C) , 00 Health Department 8,430 rl�-) 00 o� Juvenile Justice Center 15,385 3 S CO. 00 Road and Bridge 2,500 BCO , 00 Tax Office 6,000 700 - CC) Maxwell Building 6,400 (pq0 , U0 Justice of the Peace Pct.3 2,700 t� -jD11 -- aV Courthouse 53,000 4 LA 1-7D. 00 Administration Building 47,300 Sheriff's Office 12,000 4 1-300- 00 Exposition Complex 24,350 + i 3.5. ©C Lily Building 2,944 t 3 C):�, .0o Quote for Spot Cleaning Cost Per Square Foot • �fl — rnlo; TOTAL a3`k9.D a Exhibit A Page 3 of 4 �- - — - p9. Reliable contact information; please include name and phone# for scheduling. A5OC:C'Ccakok4 - , I l QPt NrCi _Ia� lo�� —yLA -1 Phone # The undersigned affirms that they are duly authorized to execute this contract, that this bid has not been prepared in collusion with any other bidder, and that the contents of this bid have not been communicated to any other bidder prior to the official opening of this bid. Furthermore, the bidder affirms that they are willing and capable of performing the services entailed in this bid or providing the goods described in this bid, and agrees to do so for the term of this contract. The bidder also agrees to all of the terms and a condition contained in this document and agrees to be held to them for the term of this contract. Name of Company: r- CA ✓11 .,AKIA C� ID p- Address: '" l 7X -1"I"gy Email , re 6 1- � ' p/t7 , ( Telephoned: _ ` PfintedName: —T-, 1JC4 TP GLf \I Signature of Authorized Representative: Exhibit A Page 4 of 4 = sa� Vol. ___..f �%cL CARPET CLEANING ANNUAL CONTRACT BRAZOS COUNTY PURCHASING DEPT. Brazos County Courthouse 200 S. Texas Ave., Ste. 352 SOQ Request No. 2013 -55 Bryan, Texas 77803 Page 1 of 7 Pages Telephone (979) 3614294 GENERAL REQUIREMENT FOR CONTRACT I, k a duly authorized representative of L f•2.1_Ll f 'eLw S V:`Contractor" willingly attest to perform (or deliver) as per Exhibit "A' for Brazos County. I further agree to all of the provisions and specifications contained in this contract. ASSIGNMENT The successful offeror may not assign, sell or otherwise transfer this contract without written permission of Brazos County Commissioners Court. Should there be a change in ownership or management; the contract shall be terminated unless a mutual agreement is reached with the new owner or manager to continue the contract with its present provisions and prices. AWARD Brazos County reserves the right to award this contract on the basis of LOWEST AND BEST OFFER in accordance with the laws of the State of Texas, to waive any formality or irregularity, to make awards to more than one offeror, to reject any or all bids. CONTRACT OBLIGATION Brazos County Commissioners Court must award the contract and Brazos County Judge or other person authorized by Brazos County Commissioners Court must sign the contract before it becomes binding on Brazos County or the offerors. Department heads are NOT authorized to sign agreements for Brazos County. Binding agreements shall remain in effect until all products and/or services covered by this purchase have been satisfactorily delivered and accepted. QUANTITIES The quantities specified in this agreement are estimates only. Brazos County does not guarantee to purchase any minimum quantities or services other than those listed on a purchase order. CONTRACT RENEWALS Renewals may be made ONLY by written agreement between Brazos County and the offeror. Any and all price escalations shall not be accepted and shall be considered a non - response. Vol. - - -�.�� Pg. aF FO-1- SOQ Continuation Sheet BRAZOS COUNTY, TEXAS HOLD HARMLESS AGREEMENT SOQ Request No. 2013 -55 Page 2 of 7 Pages Contractor, the successful offeror, shall indemnify and hold Brazos County harmless from all claims for personal injury, death and/or property damage resulting directly or indirectly from contractor's performance. Contractor shall procure and maintain, with respect to the subject matter of this bid, appropriate insurance coverage including, as a minimum, public liability and property damage with adequate limits to cover contractor's liability as may arise directly or indirectly from work performed under terms of this bid. Certification of such coverage must be provided to Brazos County upon request. INSPECTIONS & TESTING Acceptance of merchandise, work, and/or equipment provided shall be made by Brazos County at the sole discretion of the Commissioners Court when all terms and conditions of the contract and specifications have been met to its satisfaction, including the submission to Brazos County of any and all documentation as may be required. ADDITION/MODIFICATION OF LOCATIONS OR SERVICES Brazos County reserves the right to add locations as these additional locations may be required. Locations to be added may include, but not limited to, expansions or additions to existing facilities and acquisition or construction of new properties. In the event that Brazos County makes significant structural changes to an existing facility that impacts the contractor's cost in providing the services anticipated by this contract such change may be treated as a new facility and the procedures provided for in this section may be followed in determining an appropriate price. In the event Brazos County wishes to add other locations to a group under the Contract, a quotation will be solicited from the incumbent contractor in good standing for the group in which the new location is appropriately situated. In the event Brazos County shall sell, vacate, abandon, or otherwise dispose or terminate a location to which the contract applies, all existing contracts or agreements or services applicable to such location, the portion of this contract that applies to such locations is terminated. All remaining portions of the contract will remain intact. Brazos County will endeavor to give the Contractor written notice of such termination of locations a minimum of thirty (30) days in advance. INVOICES & PAYMENTS Payments to Contractors will not be made if the Contractor cannot produce a Brazos County Purchase Order. Offerors shall submit an original invoice on each purchase order or purchase release after each delivery, indicating the purchase order number. Invoices must be itemized. Any invoice, which cannot be verified by the contract price and/or is otherwise incorrect, shall be corrected by the Contractor. When multiple deliveries and/or services are required, the offeror may invoice following each delivery or performance of service and Brazos County will pay on invoice with in thirty (30) days upon receipt of invoice. Contracts providing for a monthly charge will be billed and paid on a monthly basis only. The Contractor will provide an invoice for each month in which Brazos County is responsible for payment, during the duration of the contract. Prior to any and all payments made for goods and/or services provided under this contract, the offeror should provide his Taxpayer Identification Number or social security number as applicable. This information must be on file with Brazos County Auditor's office. Failure to provide this information may result in a delay in payment and/or back -up withholding as required by the Internal Revenue Service. FVO. r p9, "t"' SOQ Continuation Sheet SOQ Request No. 2013 -55 BRAZOS COUNTY, TEXAS Page 3 of 7 Pages PRICING Prices for all goods and/or services shall be firm for the duration of this contract and shall be stated on the Pricing/Delivery Information form. Prices shall be all inclusive: No price changes, additions, or subsequent qualifications will be honored during the course of the contract. All prices must be written in ink or typewritten. Pricing on all transportation, freight, drayage and other charges are to be prepaid by the contractor and included in the bid prices. If there are any additional charges of any kind, other than those mentioned above, specified or unspecified, offeror MUST indicate the items required and attendant costs or forfeit the right to payment for such items. Where unit pricing and extended pricing differ, unit pricing prevails. TAXES Brazos County is exempt from all federal excise, state and local taxes unless otherwise stated in this document. Brazos County claims exemption from all sales and/or use taxes under Texas Tax Code §151.309, as amended. Texas Limited Sales Tax Exemption Certificates will be furnished upon written request to Brazos County Purchasing Agent. GOVERNING FORMS In the event of any conflict between the terms and provisions of these requirements and the specifications, the specifications shall govern. In the event of any conflict of interpretation of any part of this overall document, Brazos County's interpretation shall govern. In the event of a conflict between the terms, conditions, provisions, and specifications of this document and any other terms, conditions, provisions, and specifications provided by the Contractor; the terms of this document shall supersede. GOVERNING LAW This bid solicitation is governed by the competitive bidding requirements of Brazos County Purchasing Act, Texas Local Government Code, §262.021 et seq., as amended. Offerors shall comply with all applicable federal, state and local laws and regulations. Offeror is further advised that these requirements shall be fully governed by the laws of the State of Texas and that Brazos County may request and rely on advice, decisions and opinions of the Attorney General of Texas and Brazos County Attorney concerning and portion of these requirements. DISQUALIFICATION OF OFFEROR Upon signing this bid document, an offeror offering to sell supplies, materials, services, or equipment to Brazos County certifies that the offeror has not violated the antitrust laws of this state codified in Texas Business and Commerce Code §15.01, et seq., as amended, or the federal antitrust laws, and has not communicated directly or indirectly the bid made to any competitor or any other person engaged in such line of business. Any or all bids may be rejected if Brazos County believes that collusion exists among the offerors. Bids in which the prices are obviously unbalanced may be rejected. If multiple bids are submitted by an offeror and after the bids are opened, one of the bids is withdrawn, the result will be that all of the bids submitted by that offeror will be withdrawn; however, nothing herein prohibits a Contractor from submitting multiple bids for different products or services. Vol. /y eil , Pg._ C�JpGa 2� `.AF- SOQ Continuation Sheet SOQ Request No. 2013 -55 BRAZOS COUNTY, TEXAS Page 4 of 7 Pages SEVERABILITY If any section, subsection, paragraph, sentence, clause, phrase or word of these requirements or the specifications shall be held invalid, such holding shall not affect the remaining portions of these requirements and the specifications and it is hereby declared that such remaining portions would have been included in these requirements and the specifications as though the invalid portion had been omitted. SILENCE OF SPECIFICATIONS The apparent silence of specifications as to any detail, or the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practice is to prevail and that only material and workmanship of the finest quality are to be used. All interpretations of specifications shall be made on the basis of this statement. The items furnished under this contract shall be new, unused of the latest product in production to commercial trade and shall be of the highest quality as to materials used and workmanship. Manufacturer furnishing these items shall be experienced in design and construction of such items and shall be an established supplier of the item bid. TERMINATION Brazos County reserves the right to terminate the contract for default if offeror breaches any of the terms therein, including warranties of offeror or if the offeror becomes insolvent or commits acts of bankruptcy. Such right of termination is in addition to and not in lieu of any other remedies which Brazos County may have in law or equity. Default may be construed as, but not limited to, failure to deliver the proper goods and/or services within the proper amount of time, and/or to properly perform any and all services required to Brazos County's satisfaction and/or to meet all other obligations and requirements. Brazos County may terminate the contract without cause upon thirty (30) days written notice. POLICY REQUIREMENTS FOR CERTIFICATE OF INSURANCE CONTRACTOR'S INSURANCE The Contractor /Contractor, before starting work for Brazos County, must furnish Brazos County a Certificate of Insurance or other acceptable evidence from a reputable insurance company or companies with an A.M. Best Rating of AA@ (such companies to be acceptable to Brazos County) licensed to write insurance in the state of Texas, showing that the Contract is covered by the insurance as follows: (1) Statutory Workers Compensation Insurance with Employers Liability Insurance in the amount of $1,000.000. In the event any work is sublet, the Contractor shall require the subcontractor similarly to provide the same coverage and shall himself acquire evidence of such coverage on behalf of the subcontractor. (TLC Sec. 401.011) (2) Commercial General Liability Insurance with a $ 1,000,000 Combined Single Limit. The policy shall be on the Comprehensive General Liability 1986/90 occurrence form, and shall include coverage for acts of independent contractors, and shall name Brazos County as an additional insured. Waiver of subrogation is required. No claims made policies are acceptable without prior approval by the Commissioners Court/Risk Mana eg ment. kxp- ` r�ryIF SOQ Continuation Sheet BRAZOS COUNTY, TEXAS (3) Automobile Public Liability Insurance propelled vehicles used in connection Waiver of subrogation is required. SOQ Request No. 2013 -55 Page 5 of 7 Pages with a S 500,000 Combined Single Limit, in all self - with the contract, whether owned, non -owned or hired. The Certificate of Insurance furnished to Brazos County shall contain a provision that coverage under such policies shall not be canceled or materially changed until at least 30 days prior written notice has been given to Brazos County LIMITATIONS The parties are aware that there are constitutional and statutory limitations on the authority of Brazos County to enter into certain terms and conditions of the Agreement, including, but not limited to, authorizations of the placement of liens on Brazos County property; disclaimers and limitations of warranties; disclaimers and limitations of liability for damages; waivers, disclaimers and limitations of legal rights, remedies, requirements and processes; limitations of periods to bring legal action; granting control of litigation or settlement to another patty; liability for acts or omissions of third parties; payment of attorneys' fees; dispute resolution; indemnities; and confidentiality (collectively, the "Limitations' j. Any Agreement terms and conditions related to the Limitations will not be binding on Brazos County except to the extent authorized by the laws and Constitution of the State of Texas. COVERAGES/WAGES Nothing in this Agreement shall be construed as making Brazos County responsible for the payment of compensation and/or any benefits for Contractor including health, property, motor vehicle, workers' compensation, disability, death, and dismemberment insurance for the Contractor's employees and/or equipment. Nothing in the Agreement shall be construed as making Brazos County responsible for wages, materials, logistical support, equipment, and related travel expenses incurred by the Contractor. SOVEREIGN IMMUNITY The parties understand that Brazos County does not waive or relinquish any immunity or defense on behalf of itself, officers, employees, agents, and volunteers as a result of its execution of this Agreement and the performance of the covenants contained herein. Further, Brazos County is not responsible for any civil liability that arises from any act or omission made within the course and scope of this Agreement. The Parties understand and agree that Brazos County does not assume civil liability under any theory of law for the actions of the Contractor in providing services hereunder. NOTICES Notices shall be mailed to the addresses designated herein or as may be designated in writing by the parties from time to time and shall be deemed received when sent postage prepaid U.S. Mail to the following addresses: BRAZOS COUNTY: Brazos County, Texas Duane Peters, Brazos County Judge 200 South Texas Avenue, Suite 332 Bryan, Texas 77803 E2 SOQ Continuation Sheet BRAZOS COUNTY, TEXAS CONTRACTOR: SOQ Request No. 2013-55 Page 6 of 7 Pages ASSIGNABILITY This agreement may not be assigned without the prior written permission of Brazos County. FISCAL FUNDING CLAUSE Notwithstanding any provisions contained herein, the obligations of Brazos County are expressly contingent upon the availability of funding for the obligations contained herein for the term of the Agreement and any extensions thereto. WAIVERS No waiver by either party hereto of any term or condition of this Agreement shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. ENTIRE AGREEMENT This Agreement represents the entire and integrated agreement between Brazos County and the Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement may only be amended by written instrument approved and executed by the parties. AVAILABILITY AND RETENTION OF RECORDS All records relating to the service provided under this contract and supporting documentation for invoices submitted to Brazos County by the Contractor shall be retained and made available by the Contractor for audit by Brazos County, it duly authorized representatives, the State of Texas (including, but not limited to the Auditor of the State of Texas, Inspector General or duly appointed law enforcement officials) and agencies of the United States Government. Such records shall be returned by Contractor and made available for any time period required by state or federal law. If changes occur in the governing state or federal law, regarding retention records, Contractor shall comply with such changes. If an audit is initiated before the expiration of such time periods required by state or federal law regarding retention of records, the Contractor shall retain such records until the audit is concluded and all issues resolved. Contractor shall provide Brazos County with copies of such audits that be conducted with respect to the contract. AUDIT RESPONSIBILTY The Contractor shall be responsible for receiving, replying to and/or complying with any audit exception by appropriate federal, state or local audit directly related to the provision of this contract. The Contractor shall repay to Brazos County the full amount received for duplicate billings, erroneous billings, false or deceptive claims. The Contractor recognizes and agrees that Brazos County may withhold any money due and recover through any appropriate method any money erroneously paid under this contract if evidence exists of less than frill compliance with this contract. Vol. -,/Z'Z pg._ze 1151UN- SOQ Continuation Sheet SOQ Request No. 2013 -55 BRAZOS COUNTY, TEXAS Page 7 of 7 Pages The Contractor shall defend, indemnify and save harmless Brazos County and all its officers, agents, and employees from all suits, actions, or claims of any character, name and description including attorney's fees expenses brought for or on account of any injuries or damages received or sustained by any person or persons or property, by or from the said Contractor or his employees or by or in consequence of any negligence in safeguarding the work, or through the use of unacceptable materials in construction of the work, or by or on account of any act of omission, the Worker Compensation Law or any other law, ordinance, order or decree, and so much of the money due the said Contractor under and by virtue of his contract as shall be considered necessary by Brazos County may be retained for the use of Brazos County, or in case no money is due, his sureties shall be held until suit or suits, action or actions, claim or claims for injury or damages as aforesaid shall have been settled and satisfactory evidence to that effect furnished Brazos County. Contractor shall defend, indemnify and save harmless Brazos County, its officers, agents and employees in accordance with this indemnification clause regardless of whether the injury or damage is caused in part by Brazos County, its officers, agents or employees. The undersigned affirms that they are duly authorized to execute this contract, that this proposal has not been prepared in collusion with any other Proposer, and that the contents of this proposal have not been communicated to any other Proposer prior to the official opening of this proposal. The signatory also agrees to all provis' ns and specifications of this contract. Sign y: _IL cam/ Title: ti tai( Typed Name: (��. 00 f� ILn�' Company Name: (n��i�I)C2-ktQJC��n�' V(CQphoneNo.L'i`ly`(}�3-14L��`i Email Address: `l sure,0 -1 0e, UoixOc).Corn Mailing Address: �06y.. cl�5u l (62f? —S66-w ZiC —1-1 P. O. Box or Street 0 City State Zip Employer Identification Number: ri kA — q13 1'5 r-lS Social Security Number: App ve y Commiss er's Co a this ' (0 day of 2013 by holding the position of Vol. ___��_ Pg•� Ac�o�rtd CERTIFICATE OF I IARII ITV (Nisi IAA Klllc DA EIM IRt00110E12 •.vvR.ra•�va.. 6119/2013 g�� Beyd THIS CERTIFICATION IS ISSUED AS A FORMATION State Faun Insurance ONLY AND CONFERS NO RIGHTS ERTIFICATE 300 E. University Drive HOLDER. THIS CERTIFICATE DOES EXTEND OR ALTER THE COVERAGE AFFORDED B BELOW. GOl'"a Station, Texas 77$40 WsuRED - - - -- jERF INSURERS AFFORDING COVERAGE AIC # ASURE CARPET DYEING B CLEANING INC. INSURERA 81216 necasN�Ityco paNyuZ5�g3 COMBINED SINGLE LWT (Ea acid//) - -- INSURERS' P.O. BOX 9858 COLLEGE STATION, TEXAS 77842 INSURER CINSURER JANY SAUTOS D' ' COVERAGES INSURER E-- (Pare`*" THE POLICIES OF INSURANCE LISTED BE ANY REQUIREMENT, TERM OR CONDITiC MAY PERTAIN, THE INSURANCE AFFORD POLICIES. AGGREGATE LIMITS SHOWN k wt-A 1113ft TYPE OF INSURANCE GENERAL LIABILITY X COMMERCIAL GENERAL UASLLITY CIAWBMADE ['I OCCUR GENLAGGREGATE L WA APPLIES PB[ JW HAVE BEEN ISSUED TO 7HE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTVMTHSTANDIN OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR l BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH Y HAVE BEEN REDUCED BY PAID CLAIMS. POULY NUMBBI pAPOh MEWDO/YYY�YI B4TE1 x RAT10M LOrs�- _._�.._. WyY 90BXABB39 I 03101/2013 1 0=112014 1 EACH OCCURRENCE Is 1.am R( 1 EMPLOYERTUAWLIV YIN ANYPROFRIETOREXCLUDED? OFFICEWMEMBER EXCLUDED? OTHER OTHER a BRAZOS COUNTY, TEXAS SHOULD ANY OF THE ABOVE DESCRIBED FOUCIES BEGINCELLEDSEFORE THE EXPIRATION DUANEPETERS,BRAZOSCOUNTYJUDGE GATETHEREOF, THEISSUINGINSURERWILLENDEAVDRTO1AM- 30 DAYSV/wrrEN 200 SOUTH TEXAS AVE, SUITE 332 NOTICE TO THE CERIIEICATE HOLDER NAMED TO THE LEFT, BUT FM.11RE TO DO BO SNAIL BRYAN, TEXAS 77803 IMPOSE HO OBLIGATION OR LIABII OF ANY MIND UPON THE WSURER ITS AGEHYS OR REPRESENTATNEB. AUT REPRESENT ACORD 25(2009!01) (p 11156-2U09 ACORD OMPORATI014. All rights retirved. The ACORD name and logo are registered marks of ACORD 1001480 132849.3 04- 062009 O ED AUTOS 7GTS12BA 195$ 01 %BR019 B7p912013 COMBINED SINGLE LWT (Ea acid//) - -- a (parW N))IgY a 1,000,000 JANY SAUTOS (Pare`*" a .... 1.000,000 VEO AUTOS GARAGE UASILr Y PROPERTY DAMAGE (Paraxpanl) t 1,000.000 -- ANY AUTO AUTO ONLY -EA ACCIDENT a OTHER THAN EA ACC a IXCESS I UMBRELLA LIABIUrY AUTO ONLY: AGG _ - -- T _ OCCUR � CLAMS MADE EACHOCCURRENCE $ AGGREGATE — - -_ 5 I DEDUCTIBLE EMPLOYERTUAWLIV YIN ANYPROFRIETOREXCLUDED? OFFICEWMEMBER EXCLUDED? OTHER OTHER a BRAZOS COUNTY, TEXAS SHOULD ANY OF THE ABOVE DESCRIBED FOUCIES BEGINCELLEDSEFORE THE EXPIRATION DUANEPETERS,BRAZOSCOUNTYJUDGE GATETHEREOF, THEISSUINGINSURERWILLENDEAVDRTO1AM- 30 DAYSV/wrrEN 200 SOUTH TEXAS AVE, SUITE 332 NOTICE TO THE CERIIEICATE HOLDER NAMED TO THE LEFT, BUT FM.11RE TO DO BO SNAIL BRYAN, TEXAS 77803 IMPOSE HO OBLIGATION OR LIABII OF ANY MIND UPON THE WSURER ITS AGEHYS OR REPRESENTATNEB. AUT REPRESENT ACORD 25(2009!01) (p 11156-2U09 ACORD OMPORATI014. All rights retirved. The ACORD name and logo are registered marks of ACORD 1001480 132849.3 04- 062009 EXHIBIT A ASSIGNMENT OF CONTRACT FUNDS AND CONSENT THERETO This Assignment of Contract Funds and Consent Thereto (hereinafter "Assignment ") is entered into this 1st day of July, 2013 with CLM Energy Services. LLC.( "Contractor ") and Brazos County (Purchasing g ffice)( "Owner "). RECITALS WHEREAS, Contractor has entered into an agreement for construction or other services ( "Construction Contract ") with Owner concerning that certain project known as Brazos County Expo Center, New Rock Parking Lot, Includes Clearing, leveling & placing rock drive surfaces ( "Project "). WHEREAS, Contractor was required to obtain performance, payment and maintenance bonds (the "Bonds ") regarding the Construction Contract and the Project; WHEREAS, Westchester Fire Insurance Company ( "Surety ") has agreed to issue the Bonds conditioned, in part, on Contractor selecting a fund control company to receive and disburse monies due under the Construction Contract; WHEREAS, Contractor selected and retained THE SOUTHWEST ESCROW COMPANY ( "SWEC "), under the Southwest Escrow Company Fund Control / Disbursing Agreement dated the 1st day of July, 2013( "Fund Control / Disbursement Agreement ") to provide such administration services on its behalf; and WHEREAS, Contractor binds himself his successors, assigns and legal representatives, to all covenants of this Assignment. WHEREAS, Surety acknowledges that the Owner will make payments directly to SWEC for the purpose of carrying out SWEC's obligations under the Fund Control / Disbursing Agreement and agrees that this change in payment terms does not cause Owner to be in default of any previous agreements on payments. CLAUSES NOW THEREFORE, in consideration of the preceding recitals, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Owner and Contractor agree as follows: Through this instrument, Contractor requests, and Owner consents, that all Contract Funds due Contractor under the Construction Contract shall be mailed directly to "THE SOUTHWEST ESCROW COMPANY" at 200 River Pointe Dr. Suite 306 Conroe, TX 77304 or by wire transfer directly to Northern Trust Bank, Account number , including, but not Rev. 09/06 1 of 2 H nn LA1 60134541.1 Pg, limited to, any and all amounts now due, scheduled to become due in the future, or which become due on account of any increases in or amendments, additions, supplements, extensions, extras, change orders, additional work or other additional matters relating to the Construction Contract (collectively the "Contract Funds "). The foregoing assignment of Contract Funds is irrevocable, unconditional and absolute, and is not for security purposes. The parties recognize however that the foregoing does not prevent the Owner from withholding from payment to SWEC any amounts Owner would be entitled to withhold from Contractor by virtue of terms of the Construction Contract or by law. 2. The Contractor represents and warrants that he has full legal authority to enter into this Assignment, and that he has taken all corporate action necessary to authorize himself to enter into and perform under the Construction Contract and this Assignment. 3. SWEC shall distribute the Contract Funds received under this Assignment in accordance with the terms and conditions of the Fund Control / Disbursement Agreement in order to discharge Contractor's obligations to subcontractors and suppliers for any work performed under the Construction Contract. Brazos County (Purchasing Office) CLM Energy Services, LLC. (Owner) (Contractor) By: (Sign) By: (Sign By: (Print) ' Pe r 5 By: (Print) T+"ar1M UC Its: C- _J� Its: 4606M NOTE: This must be signed by an authorized representative of the Owner. The architect or engineer should not sign this document. Rev. 09/06 LA1 60134541.1 2 of z j Vol - l- Q -iS__ P9.--, 7 BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT: Road & Bridge MEETING DATE: July 16, 2013 SUBJECT: Private Property Access Request permission to enter private property owned by Paul and Judy Dorn located on Quail Run. Project will reshape drainage ditch to achieve proper drainage along easement. This work is being performed for the health, safety and welfare of the general public. Site is located in Precinct 1. SUBMITTED BY: J V. Salvato Right of Way Agent This request is [ROVED / APPROVED BY: Lloyd Wassermann Commissioner Precinct 1 D by Commissioners' Court Duane Peters, County Judge DATE: -?/ I u / 1 '1e o0 �c p P Ty 'IF 0� BRAZOS COUNTY PRIVATE PROPERTY ACCESS FORM E. Duane Peters Brains County Judge L" Wassermann Commissioner Pct. 1 Sammy Catelena Commissioner Pct. 2 Kenny Mallard Commissioner Pct. 3 Irma Cauiey Commissioner Pct. 4 OWNER(S): Paul & Judy Dorn R. Alan Munger, P.E. County Engineer Brazos County Road & Bndge Dept. 2817 Hwy 21 West Bryan, Teas 77803 Offim: 979 -822 -2127 Fax: 979 - 775.0453 ramunger ®brazoscountytx.gov II. ADDRESS: 1814 Quail Run College Station, Texas 77845 III. LOCATION OF WORK: 1810 Quail Run R79889 — Quail Run Estates, Ph 1, Bk 5, Lot 2, 1.0 acre IV. DESCRIPTION OF WORK: Project will reshape drainage ditch to achieve proper drainage along 20' platted drainage easement. This work is being done for the health, safety and welfare of the general public. Additional V. MAINTENANCE: Yes X No IF YES, ESTIMATE FREQUENCY OF MAINTENANCE: County will maintain the site only when necessary for continued adequate drainage of roadway. I (we) the undersigned owner(s) grant permission to Brazos County the ability to access the above mentioned private property for roadway maintenance purposes. Owner's Signature: /,IJ A ''�/o`"� Date: 7 9 2-- P,4,4�,ZF R. Alan Munger, P.E. ato County Engineer Vol _, Pg, Righ' ay Agent DEPARTMENT MEETING DATE: SUBJECT: BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM July 16, 2013 Private Property Access Request permission to enter private property owned by Larry and Carolyn Todd located on Blue Quail Lane. Project will reshape drainage ditch to achieve proper drainage along easement. This work is being performed for the health, safety and welfare of the general public. Site is located in Precinct 1. SUBMITTED BY: 4 �5494 - - - J e V. Salvato Right of Way Agent APPROVED BY: Lloyd Wassermann Commissioner Precinct 1 This request is M OVED / DENIED El by Commissioners' Court Duane Peters, County Judge DATE: % ZI to 11-2, pg. �47 on PRIVATE PROPERTY ACCESS FORM E. Duane Peters Brazos County Judge Lloyd Wassermann Commissioner Pct. 1 Sammy Catalena Commissioner Pct. 2 Kenny Mallard Commissioner Pct. 3 Irma Cauley Commissioner Pd. 4 OWNER(S): Larry & Carolyn Todd R. Alan Munger, P.E. County Engineer Brazos County Road & Bridge Dept. 2617 Hwy 21 West Bryan, Texas 77803 Once: 979. 822 -2127 Fax: 979- 775 -0453 ramunger(jobrazoscountyh.gov II. ADDRESS: 1605 Blue Quail Lane College Station, Texas 77845 III, LOCATION OF WORK: Same as above R79900 — Quail Run Estates, Ph 1, Bk 5, Lot 14, 1.0 acre IV. DESCRIPTION OF WORK: Project will reshape drainage ditch to achieve proper drainage, along 20' platted drainage easement. This work is being done for the health, safety and welfare of the general public. Additional Comments: V. MAINTENANCE: Yes X No IF YES, ESTIMATE FREQUENCY OF MAINTENANCE: County will maintain the site only when necessary for continued adequate drainage of roadway. I (we) the undersigned owner(s) grant permission to Brazos County the ability to access the above mentioned private property for roadway maintenance purposes. Owner's Signature: d Date: R. Alan Munger, P. Salvato County Engineer Vol � X' ht Way Agent Pg. BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT: Road & Bridge MEETING DATE: July 16, 2013 SUBJECT: Utility Permit — Wellborn Special Utility District Consider and take action on the Wellborn S.U.D. utility permit to construct 2" road bore under Allen Road. This project will provide water service to new customer. Site is located in Precinct 4. SUBMITTED BY: Jo . Salvato Right of Way Agent APPROVED BY: Irma Cauley Commissioner Precinct 4 This request is VjA PROVED / DENIED ❑ by Commissioners' Court Duane Peters, County Judge DATE: % /1 (P I IS Vol. - Z P z Pg.�_ TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS Pursuant to the Texas Utility Code, Section 181.024, comes now Wellborn SUB [COrnpalry narael, hereinafter referred to as "Company" a [slate] 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 tinder, over, across and/or along certain County Roads as shown on drawings and diagrams attached hereto and said location described as follows: Facility o Road Length of Road Name & Block Number Crossl TYPE OF CONSTRUCTION CHECK ONE en on t Bored Jacked Down I Cased Facility to Parallel County R d \Vi hi ' t,r Of Way CONSTRUCTION TYPE 2L'Diameter _I O% all Thickness Material Specification PVC Casing Maximum Operation Pressure 200 psi The location and description of the proposed installation and appurtenances must be fully shown on the attached detailed drawings. The Company shall commence actual construction/work in good faith within 60 days front the date of said permit and Shall complete said construction /work within 15 working days. (COMTANY MUST FILL construction is not begin by the 60�6 day, Company will be required to apply for a new permit. IM. If such Company declares that priar to filing this application, it has ascertahred the location of all existing utilities, both aerial and underground, and the filing of this application is prima facie evidence that the proposed installation will not conflict with any existing utility. A copy of this permit shall be kept at the job site any time work is being performed. It is expressly stipulated that this Permit is a license for permissive use only and that the placing of facilities upon public property pursuant to this permit shall not operate to create or vest any property right in said holder. It is understood and agreed that the rights and privileges herein set out are granted only to the extent of the County's right, title and interest in the land to be entered upon and used by the holder and the holder will at all times assume risk of and indemnify, defend and save harmless Brnzos County H-om and against any slid all loss, damages, cost or VOL 14U pg ,j131 expense arising in any manner on account of the exercise or attempted exercise by said holder of the aforesaid rights and privileges, Any deviation fi•om 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 cousnuction of said installation attached hereto as BRAZOS COUNTY DESIGN STANDARDS AND SAFETY PRECAUTION REQUIREMENTS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY and incorporated herein for reference. In the event Company fails to obtain a permit prior to the installation a• does not Install utilities In compliance with installation requirements set forth herein (l. e. depth, location, etc), Company assumes all f7nu ncial responsibilily for damages and/or destruction of lines, cables, etc. based upon its fniture to comply with Brazos Conn[y requirements. Applicant agrees drat 1f Brazos County demnorstrates a violation of the ternns of this polity, Applicant stipulates that requdsiles for injunctive relief exist and that Brazos County Is entitled to relief enjoining any conduct by applicant which is conh•ary to the policies. This penult is a revocable perndt. Brazos Comfy reserves file right to revoke this permit at any tine, In the sole discretion of Brazos County, for interests of public health, safely or welfare, or for failure to repair any doumges upon demand, or for any other reason deen+ed suJficlent by Brazos County. fit the event Company fails to comply with any or all of the requirements as sel forth herein, the County may take such action as it deems appropriate to compel compliance. The County Enghteer further retahis the right to revoke this Permit by verbal not y7cation to tie Applicort/Conpany. Fallure to ablaut this permit and /or notify the County Engineer's Office within 24 hours of beginning construction shall coustihde grounds for job slntdovn. 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. Wellborn SUD Company Name Stephen Cast By: Signature general Manager Title P.O. Box 250 Address Wellborn TX 77881 Ci6'79_ 690 -9799 State Zip Phone Number wsud.ls @verizon.net /waud.sc @verizon.net Email: Vol. Pg- yr� - •x,.:. :i:„: �„�..� �b.frrl Yij,': ..!'1J'9'.� r l or ', .'X7 !. d1 � +.4 l�rX 1 -' �'u � ` .. • rte. - 'El' ak [7••i f'i yv.i'1 Vr -gyp :f � ' r �la J. �u "�•; .rY cf a m M }', �. VpATERUTII.IT]l "PROY.4L. f r .� •� r .� ,�3 q r ?xl 1 r.- v & ;K., rl•a. -rlYa c f.7 L ' t° JVI,•_ . "- sBrezoq County offara ao�d►Jeotion;mtt6e, Proposedr_location of the nt�i it tithe' County nght'.of way as shown by . 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Wellborn Special Utility District July S. 2013 The Commissioner's Court of Brazos County Attention County Judge: Formal notice Is hereby given that Weliborn Special Utility District will construct's road bare for water line within the right -ol-way of a County Road in Brazos ; Counly, Texas as follows: Road bore will be made under-Allen Road. Bore will be made from existing Y water line located on the south side to north side for a distance of BY at a minimum depth of 36" below ditch flow line. The location and description of this line is more fully shown in drawings attached to this notice. The line will be conslructed and. maintained in the County Road right- of-way in accordance with.the Brazos County Roadway Safety and Road Preservation Standards and governing laws. Construction of [his line will begin on of after July 6, 2013. Regards Stephen eat Genera anger Wellborn Special Utility District P.O. Box 250 o 4118 Greens Prairie Rd. • Wellborn. TX 77881 • 972:690.2799 • Fax 979.690.1260 FFg`s" I ,:,. 4 "")" , , , " i O SNO ` Homyy oN� to I m v $A 'L'r!o toys Z X N N m 40 + \ 3 pX t \ F m 41-1 �� 1 0 A�_ ' = , 0 g �F ;o j 1- 14 Z T MX ! rn b m 8 -oz C 4�, woof \RS�, �. SZ "ON 133HS H01VW CORPORATION Q goo g mx Bt rn �. 0 - SUPPLY OSR WATER BRAZOS AND ROBERTSON COUNTY, TEXAS PROPOSED 1999 1MPROVEMENTS -PHASE TWO m 0 0 DISTRIBUTION SYSTEM - -- ----------- Vol /,Z pg , fit' n z m > v C7 O > 4 C z 2 U] M < fa, yr z z ;u n G. M X b m O O m � � < � O � z z 0 0 T Q > Q > z CU O 4 z m v i m }� _{ > v 07 O n O n O m z o m v -a C (7 z 0 a z m � t7 rn 0 z 0 r ul m O Z n Oa r zM, C0 0 �LJ a a C) 0 n m r c O x i rn AVWA O-114 91 a Vol, H p rt m M N m n rt W p 0 ro 14 m r 0 0 d h 0 0 0 m m a n' m K r 0 n a p O p N. m J O M rt m m O p 9 r r m p m 0 a is -�i �I z 0 0 S+ x x O M I:0 0 b 4 :a S b 9 r r m p b 0 w a. Ims 1_ • t VI KI < W J 2 „IIRV! • • +MIrtlO � ZN CO L a - - - - - - - - - - - - - - _ -. V d MEMO 3 NEMEC ¢¢ 3 19999990999 MUM FONNOMON r N' D y 'Z K H 0 O -------- 2h- - - - - -NI, Yr.: - -NOIY F S'H a W K N• S =Y� O N $ G N qNK. • I= effill •- a•1[a6 - O - N, N �V O •IAb �Bg aplmy � tJ a€ g �9s • g �g pp:€ BC ed 1rd1�� %t q Imfo Vol- ,_ 8y.? K W O 0m 2 N O �4 _Cp W O N Z • W N <5 Y' o� 3 1_ • t VI KI < W J 2 „IIRV! • • +MIrtlO � ZN CO L a - - - - - - - - - - - - - - _ -. V d U ¢¢ 3 q Imfo Vol- ,_ 8y.? K W O 0m 2 N O �4 _Cp W O N Z • W N <5 Y' o� 3 BRAZOS COUNTY ROADWAY SAFETY AND ROAD PRESERVATION STANDARDS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY A. General Regn/ren+eals 1. Adequate drainage shall be maintained in ditches at all times. 2. Permitteo 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 pennittee shall take precautions to avoid damage 4o property, All. County Right of Way and property shall be restored to its original condition, as for 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 ofway.'In the event damages occur, perrnitteewill.be liable to the County or other utilities r nning 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 haffic control measures must be put it, place prior to beginning work and remain in place during the duration of tho job..All traffic control measures must follow the Texas Mandal of Uniform Traftic 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 hrconveniences to traffic and adjacent property owners. 5. No cable, conduit and /or pole line shall be laid, constructed, maintained and /or,repah•ed so as to constitute a danger or hazwl 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 tlre County Engineer, C. DY•affic Control Plan 1. A traffic control plan, pursuant to the TMUTCD or Engineered Traffic Control Plan must be provided for the following: a. Any construction (i.e. pit, excavation, hole) left open over night, requires specific nighttime traffic control measures pursuant to the TMt7TCD; b. If construction is within ten (10) feet of the roadway; or c. Any work performed in the road right -of way; 2. Plan trust be attached to the permit and kept at the job. site any time work.is being performed.. Vol. p9 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 I81.04S. 2. All pole installation (including lighting) shall be placed at the backside of the Right of Way to ensure safety to the public. Any pole placed in violation of this requirement will be required to be moved to the appropriate location at the company's expense. Exceptions may be approved by the County Engineer. 3. All underground installations shall (these are minimum depths — utility may place deeper): a. be placed at a minimum depth of forty -eight (48) inches below the top of the pavement; b. beat least thirty-six (36) inches below ditch flow line When installation is within the area measured from top of bank to top of bank; c, beat least forty -eight (48) inches below ditch flow line if low pressure gas or petr•olemr lines. For high pressure gas and petroleum.lines, see Mgb Pressure Pipelines requirements listed below; d, not be closer than ton (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 cinder the roadway. 5. Utilities in all new developments that have 60 feet or greater of right of way shall be installed within designated locations based upon the type of utility. The locations shall be as follows: (measured from back of right -of- way). Power — 0 -2 feet, nominally 1' Phone — 2 -4 feet, nominally 3' Gas —4 -6 feet, nominally 5' Cable - 6 -8 feet, nominally 7' 6. Utilities with less than 60 feet right -of- -way in all new developments shall install the utility in a similar manner as referenced in No. 3 above, however; the County Engineer or its designated representative will provide final approval of each utility location. 7. The length of any trench to be opened in advance of the pipe, conduit or ducts may not be longer than 400' if left open over night or unattended. 8. Crossings under a county road shall: a. be bored or jacked. ABSOLUTBLY NO OPEN CUTS WITHN COUNTY ROAD PAVEMENT; b. be pressure grouted for thefull length of the crossing ijthe annular space between pipe and casing and soil exceeds one (1) inch: Brazos County must be given 24 hours notice of pressure grouting operations and have the opportunity to have an inspector on site to observe pressure grouting, operations; c. TxDOT Standard Specification Item 476 shall be followed for all boring jacking, tunneling and joints. 9. Bore Pits a. no pits shall remain open longer than 2 days; b. all pits shall have proper traffic control, measures in place. See Traffic Control Plan listed above. c. pits shall NOT be located within ten (10) feet from the edge of pavement without prior approval fron the County Engineer or his representative; d. whon pits. are to remain open for more than 8 hours, due diligence will be used in protecting the spoil pile to prevet drainage problems; Vol Pg._,_ e. based upon soil conditions, the County Engineer or his representative may require sharing 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 Fury other method and in this event all such equipment shall be of the ribber tire variety. Appropriate traffic control shall be provided meeting TNWTCD 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 No Objection" from the Army Corps of Engineers for all designated wetlands and environmentally sensitive lands. E Emergency work 1. In the event Company is required to perform emergency services, that requires excavation in a County Right of Way, and unable to notify the County Engineer prior to conducting emergency repairs, Company shall notify County Engineer within 24 hours of beginning construction/repairs. This will allow the County Engineer and Road & Bridge Office an opport r ity to inspect tine site to ensure the integrity of the County Rigid of Way and traffic safety controls used. F. Repairs to existing focPGties 1. Maintenance and/or repair to existing cables, conduits, and /or pole lines which require disturbance of tine soil, shall not be performed until plans describing such maintenance and/or repair have been approved by the County Engineer or designated representative and a permit has been obtained. G. Relocation of utilities. 1. When and if the County Engineer determines that it is necessary for tine 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 rand, or reset or relocated thereon, as required by the County Engineer within a reasonable time as determined by the County Engineer and Utility Company, and at the expense of the Utility Company. Vol, H. High Pinsure Pipelines L 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 file 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. Petroleiun Pipelines: Depth ?ape of Pipeline (below deepest ditch grade) Special Reuuirements 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. Pct. 6/ BRAZOSCOUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge DEPT. NUMBER 56001000 DATE OF COURT MEETING: July 16, 2013 ITEM: Consider and take action on acceptance of the roads (Buena Suerte, Conquistador Circle and Suertero Street) and associated roadway drainage structures of El Camino Real Estates into the Brazos County road maintenance system. Site is located in Precinct 4. NOTES/EXCEPTIONS: • Brazos County will assume no responsibility for drainage ways or easements other than those adjacent and parallel to the rights of way or otherwise labeled as public easements. • Private drainage ways and easements shall be maintained by the individual property owner or the HOA. • Brazos County shall maintain the roadway, shoulders and drainage facilities which directly drain the roadway and associated ditches. • The HOA shall be responsible for mowing and landscape maintenance of all rights of way /easements. SUBMITTED BY: R. Alan Munger, P.E. County Engineer CC2013 -El Camino Real - County Maintenanm APPROVED BY: Commissioner I Cauley Precinct 4 This Request is Approved L7(or) Denied ❑ by Commissioners' Court Date: E. Duane Peters, County Vol. /,?,:' Pg._ -�.A _ �^y IY[[[R IT 4090 State Highway 6, South • College Station, Texas 77845 )979) 764 -9900 • Fax )979) 690 -3069 www.stylecraft-builders.com 07/10/2013 Stylecraft Builders Inc and the El Camino Real HOA, in order to complete the acceptance of the roads into Brazos County Maintenance, agree to and affirm the following conditions required by the county: A.) Brazos County will assume no responsibility for drainage ways or easements in other than those adjacent and parallel to the rights of way or otherwise labeled as public easements. B.) Private drainage ways and easements shall be maintained by the individual property owner or the HOA. C.) Brazos County shall maintain the roadway, shoulders and drainage facilities which directly drain the roadway and associated ditches. D.) The HOA shall be responsible for mowing and landscape maintenance of all rights -of- way /easements. P� \1'P- Jeff French V.P. Stylecraft Builders Inc F c. BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2012 -2013. BUDGET YEAR NO. 12/13 41.1-41.3 On this the 16th, day of July 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 1 C: Sammy Catalena, Commissioner, Precinct 2. D. Kenny Mallard,.Commissioner, Precinct 3 E, Irma Cauley, Commissioner, Precinct 4 F. Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on 16th dayof July 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 amendments) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the. 16th day of July 2013. OF BRAZOS COUNTY, TEXAS. 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 :'r : Vol. pg. A BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12113 - 41.1 711612013 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 41301600 CR CSCD Bond Fees 2.800.00 0100 26001000 71020000 DR Com uter Contracts 2,800.00 CSCD To recognize CSCD bond fees which will be used to cover computer software costs utilized for monitorin Pre -Trial defendants. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12113 - 41.2 7/16/2013 ACCOUNTNAME t EmmKrFgyfffrffmmmEm=� Engineering Consulting mom Vol. � aZ Pg. is C .q .I BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12/13 - 41.3 7/1612013 =w — =I I 1 11 - 111 111 111 .1.11111 _� � 1 11 111 111 . X1111 -m / NONE= - no 111 111 1 1111 -m 1 11 - E. _ / fr? Pg.7 PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: July 16, 2013 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Change Requests Department Submitting Employee Request Action Requested Request(s) Applies To District Clerk Morrison, Martha New Hire Facilities Services Saenz, Jennifer Auston, Janice Zavala, Josefina Transfer w /in Dept. Other New Hire Juvenile Overstreet, Jeffrey Correction Road & Bridge Johnson, Bobby Termination Montoya, Keivan New Hire S.O. Jail Boyd, Joseph Resignation Tax Office Eimann, Denise Transfer w /in Dept. Lucero, Jessica Promotion Moore, Tommie Transfer w /in Dept. Scrimshire, Veronica Transfer Win Dept. Approved in Commissioners' Court: Jul 16 013: County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) Pg _