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HomeMy WebLinkAbout2013-09-03-10:00AM-REGULAR MEETING`7 V. BRAZOSCOUNII BRYAN,TEXAS NOTICE OF MEETING AND AGENDA 30 P 4= 35 a _ BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON SEPTEMBER 3, 2013 AT 10:00 AM IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVE., SUITE 106, BRYAN, TX 77803 Invocation and Pledge of Allegiance - U.S. and Texas Flea - Chaplain G.H. Jones and Commissioner Catalena. 2. Call for Citizen input and /or concerns. Consider and take action on agenda items 3 - 20: 3. 0 Q Agreement and Reauisition # 00043901 to Grant Works in the amount of $3000.00 for assistance with the EDA arant application. Sheriff's and Constables' fees to become effective January 1. 2014. 7. Payment Authorization to A -1 Towina & Recovery in the amount of $436.00 for towina of a seized travel trailer by the Sheriff's Office: a purchase order was not obtained in advance. 8. Payment Authorization to LaSalle Hotel in the amount of $90.85 for lodaina of Officer John Hudson L01- / Y-5� Pg. f �3 returning to Brazos County to testify in misdemeanor iury trial: a purchase order was not obtained in advance. 9. Contract with the Department of State Health Services for access to their database for the issuance of certifications of vital records to authorized individuals requesting such data. 10. Contract with Sentinel Offender Services, LLC for Juvenile Offender Monitoring. 1 1 . Contract with Information Management Solutions, LLC for Jury Summons Notices. 12. 13. 14. 15. Treasurer Report for July 2013. 16. Tax Refund Applications for the following: • a. Denise Lambert- overpayment- $100.61 17. Budget Amendments. Budget Amendments FY 12/13 47.1 thru 47.6 13. Requisition #00043896 to Apple in the amount of $2,385.00 for the purchase of loads and care plans using JP 2.2 Technology Funds. 19. Personnel Change of Status. Personnel Action Forms 20. Payment of Claims. 21. Sheriff's report on inmate population. 22. Announcement of interest items and possible future agenda topics. 23. Call for Citizen input and /or concerns. 24. Adjourn. Vol. Pg.1,:� e' PUBLIC COMMENTS Public Comment during the Commission Meeting may be for all matters, both on and off the agenda, and be limited to four minutes per person. Persons are invited to submit comments in writing on the agenda items and/or attend and make comment at the Commission meeting. Members of the public are reminded that the Brazos County Commissioners Court is a Constitutional Court, with both judicial and legislative powers, created under Article V, Section 1 and Section 18 of the Texas Constitution. As a Constitutional Court, the Brazos County Commissioners Court also possesses the power to Issue a Contempt of Court Citation under Section 81.024 of the Texas Local Government Code. Accordingly, members of the public in attendance at any Regular, Special and/or Emergency meeting of the Court shall conduct themselves with proper respect and decorum in speaking to, and/or addressing the Court; in participating in public discussions before the Court; and in all actions in the presence of the Court. Those members of the public who are inappropriately attired and/or who do not conduct themselves in an orderly and appropriate manner will be ordered to leave the meeting. Refusal to abide by the Court's Order and/or continued disruption of the meeting may result in a Contempt of Court Citation. It is not the intention of the Brazos County Commissioners Court to provide a public forum for the demeaning of any individual or group. Neither is it the intention of the Court to allow a member (or members) of the public to insult the honesty and /or integrity of the Court, as a body, or any member or members of the Court, or County employees, individually or collectively. Accordingly, profane, insulting or threatening language directed toward the Court and/or any person In the Court's presence and/or racial, ethnic or gentler 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 period, speakers may address matters not listed on the published agenda, The Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court. However, responses from the County Judge or Commissioners to unlisted public comment topics could become deliberation on a matter without notice to the public. To ensure the public has notice of all matters the Commissioners Court will consider, the County Judge and/or Commissioners may choose not to respond to public comments, except to correct factual inaccuracies, recite existing policy in response to an inquiry or to ask that a matter be listed on a future agenda. See Texas Open Meetings Act ? 551.042. INVOCATION Any invocation that may be offered before the official start of the Court meeting shall be to and for the benefit of the Court. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Court and do not necessarily represent the religious beliefs or views of the Court in part or as a whole. No member of the community is required to attend or participate in the Invocation and such decision will have no impact on their right to actively participate in the business of the Court. The Commissioners Courtroom of the County Administration Building, 200 South Texas Ave., Suite 106, Bryan, TX 77803 is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two working days before the meeting. To make arrangements, please call (979) 361 -4102. Vol. -- _ /, .5� Pg. /.ZY BRAZOSCOUNTY BRYAN,TEXAS MINUTES September 3, 2013 BRAZOS COUNTY COMMISSIONERS COURT REGULAR MEETING 10 ��f Signature Paae.pdF 0 File Stamped Aaenda.ndf It 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, September 3, 2013 with the following members of the Court present: Duane Peters, County Judge, Presiding; Lloyd Wassermann, Commissioner of Precinct 1; Sammy Catalena, Commissioner of Precinct 2; Kenny Mallard, Commissioner of Precinct 3; Irma Cauley, Commissioner of Precinct 4; Karen McQueen, County Clerk. The attached sheets contain the names of the citizens and officials that were in attendance. Invocation and Pledge of Allegiance - U.S. and Texas Flag - Chaplain G.H. Jones and Commissioner Catalena. Call for Citizen input and /or concerns. There was no citizen's input. Consider and take action on agenda items 3 - 20: Vol. / Pg. 3. Consider and take action on a Brazos County order approving the redistricting of Commissioner, Justice and Election Precincts to provide for a public building polling location in election precinct 24, and for this purpose amending affected Commissioner, Justice, and Election Precinct boundary lines; and providing for an effective date. 0 Item 3.0f Considerar y tomar una decision sobre una orden del Condado de Brazos se aprueba la delimitacion de la Comisaria, Justicia y distritos electorales para proporcionar un lugar de votacidn en un edificio publico en las elecciones del Precinto 24, y para ello se modifica la Comisaria afectados, Justicia, y las lineas de contorno de precintos electorales, y proporcionar una fecha efectiva. A copy is attached. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley Mallard , Peters , Wassermann . 4. Agreement and Requisition # 00043901 to Grant Works in the amount of $3000.00 for assistance with the EDA grant application. Item 4.odf 7. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . Sheriff's and Constables' fees to become effective January 1, 2014. 19 Item 5.odf A copy is attached. The fees become effective January 1, 2014, and to remain in effect until further orders of the Court. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters, Wassermann . Request from the Information Technology Department for out -of -state travel for Ian Soares to attend the AmCad AiCMS User Group Gathering in Baltimore, Maryland. Dates of travel are September 18 - 22, 2013. 19 Item 6.odf Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters, Wassermann . Diem 7. pd Payment Authorization to A -1 Towing & Recovery in the amount of $436.00 for towing of a seized travel trailer by the Sheriff's Office; a purchase order was not obtained in advance. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 0 -0. 8. Payment Authorization to LaSalle Hotel in the amount of $90.85 for lodging of Officer John Hudson returning to Brazos County to testify in misdemeanor jury trial; a purchase order was not obtained in advance. Vol. / 8� pg. •Z% 0 Item 8.yd Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . 9. Contract with the Department of State Health Services for access to their database for the issuance of certifications of vital records to authorized individuals requesting such data. .0 Item 9.odf The term of the contract begins on September 1, 2013 and ends on August 31, 2015. The cost to Brazos County is $1.83 for each certification of vital record printed as a result of searches of the database. A copy is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . 10. Contract with Sentinel Offender Services, LLC for Juvenile Offender Monitoring. L- Item 10.Ddf A copy of the contract is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters, Wassermann. 11. Contract with Information Management Solutions, LLC for Jury Summons Notices. 0 Item 11.Ddf The term of the contract is for two (2) years from September 1, 2013 through August 31, 2015. A copy is attached. Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters, Wassermann. 12. Consider and take action on the Final Plat of Indian Lakes Subdivision Phase XII, 14.769 Acres, J.M. Barrera Survey, A -69, College Station (ETJ), Brazos County, Texas. This plat replaces the wrong plat submitted by developer affecting item #25 on the previous Commissioners Court Agenda (08/27/2013). Site is located in Precinct 1. 19 Item 12.odf Motion: Approve , Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . 13. Consider and take action on the BTU easement that will provide electrical power to the Brazos County facility located on Kathy Fleming Road. This project will supply power for storage building and yard security lights. Site is located in Precinct 1. D Item 13.odf A copy of the easement is attached. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters, Wassermann . Vol. 8S/ Pa. /ozf/ 14. Consider and take action on the following utility permit to provide water service to Los Lobos Subdivision located on Grassbur Road. Texcon will construct 8" road bore under Grassbur Road per Wickson Creek S.U.D. construction specs for water line. Site is located in Precinct 2. 10 Item 14.odf Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Lloyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . 15. Treasurer Report for July 2013. Item 15.odf The Court voted unanimously to receive, approve and order filed as submitted the Treasurer's report for July 2013. A copy is attached and made a part of these minutes. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters. Wassermann . 16. Tax Refund Applications for the following: Item 16.odf . a. Denise Lambert- overpayment - $100.61 Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . 17. Budget Amendments. Budget Amendments FY 12/13 47.1 thru 47.6 Item 17.odf 47.1 Transfer funds from General Fund Contingency to Exposition Complex 47.2 Transfer funds from General Fund Contingency to Exposition Complex 47.3 Reallocate funds for JP Tech Funds Justice of the Peace Precinct 2, Place 2 47.4 Reallocate funds for County Court at Law #1 47.5 Reallocate funds for Veteran's Services 47.6 Reallocate funds for Justice of the Peace Precinct 2, Place 1 Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters, Wassermann . 18. Requisition #00043896 to Apple in the amount of $2,385.00 for the purchase of Ipads and care plans using JP 2.2 Technology Funds. W Item 18.odf Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters , Wassermann. 19. Personnel Change of Status. Vol. Pg. Personnel Action Forms D Item 19.odf A copy of the personnel Change of Status Requests is attached. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard , Peters, Wassermann . 20. Payment of Claims. III BILL LIST 09.03.13.odf A Claims Sheet.Of 7113631 through 7113855 Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard , Peters, Wassermann . 21. Sheriff's report on inmate population. Sheriff Chris Kirk stated there were 617 inmates in jail, 56 have electronic monitors and 15 are pending for monitors. Commissioner Cauley noted that the Sheriff's workshop presentation was very informative and professionally done. 22. Announcement of interest items and possible future agenda topics. Commissioner Mallard informed the Court that the State Legislature has decided that all FM roads that the State owns will be transferred to the counties. However Jim Allison, Texas Association of Counties Legal Council informed the Legislature that they cannot mandate this. 23. Call for Citizen input and /or concerns. There was no citizen's input. 24. Adjourn. Vol. 1B, Pg. /� a The foregoing minutes of the Commissioners Court meeting held September 3. 2013 have been examined and are approved in open Court this 15t day of D�kj42. r 2013, in Bryan, Brazos County, Texas. Duane Peters LloydfWassermann County Judge Commissioner, Precinct 1 Irma Cauley Commissioner, Precinct Attest: Karen McQueen County Clerk Vol / L5" Page i3/ Kenny Mallard Commissioner, Precinct 3 BRAZOS COUNTY COMMISSIONERS COURT Meeting on 14 PAGE of Vol. P• Organization Department _ r ■ I� 6 Z A, , IF 1111111p IF PAGE of Vol. P• BRAZOS COUNTY COMMISSIONERS COURT X00 Meeting on 3{B �d; O PAGE Z of Z- Vol. ORDER NO. 13- t-X) THE STATE OF TEXAS § THE COUNTY OF BRAZOS § BRAZOS COUNTY ORDER APPROVING THE REDISTRICTING OF COMMISSIONER, JUSTICE AND ELECTION PRECINCTS TO PROVIDE FOR A PUBLIC BUILDING POLLING LOCATION IN ELECTION PRECINCT 24, AND FOR THIS PURPOSE AMENDING AFFECTED COMMISSIONER, JUSTICE AND ELECTION PRECINCT BOUNDARY LINES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Brazos County (the "County ") engaged the law firm of Bickerstaff Heath Delgado Acosta LLP to act as the County's redistricting consultant, including advising and assisting the County in the preparation of modified redistricting plans for commissioner, justice and election precincts in compliance with applicable state and federal law; WHEREAS, current Election Precinct 24, located in Commissioner and Justice Precincts 2 (the commissioner and justice precinct boundaries are coterminous in this area), is without a building suitable for a polling place; WHEREAS, a City of College Station ( "City ") fire station, Fire Station 6 (the "Fire Station "), located on the southeast corner of the intersection of University Drive East and Tarmw Street, address 610 University Drive East, in College Station, as described in Exhibit 1 to this Order (the "Fire Station Parcel "), is located in current Election Precinct 34, which itself is in Commissioner and Justice Precincts 3; WHEREAS, the City is willing to permit the County to use the Fire Station as a polling location; WHEREAS, to do so, the County must reconfigure Election Precincts 24 and 34 so that the Fire Station Parcel is transferred from Election Precinct 34 to Election Precinct 24, and concomitantly must also transfer the Fire Station Parcel from Commissioner and Justice Precincts 3 to Commissioner and Justice Precincts 2, as depicted in Exhibit 2 to this Order; WHEREAS, Texas Election Code section 42.031(b)(3) permits a Commissioners Court to order a change in election precinct configuration at a time other than March or April of a given year, if the change is made in order to include within an election precinct a building suitable for use as a polling location if no suitable building is available in the existing election precinct; WHEREAS, Texas Election Code section 42.033(b) permits the Commissioners Court to order an effective date for such a change in election precinct configuration if (1) there is to be an election for an officer of a Texas Election Code section 42.005 territorial unit, the election is to occur before the usual effective date specified by Texas Election Code section 42.033(a) for changes to election precincts, and the territorial unit contains the election precinct as changed: and (2) the voter registrar has time to correct the registration records before the effective date of [Vol.-- . / 1fJ Pg.� the change; WHEREAS, Texas Election Code section 42.003(c) permits the Commissioners Court to make such a change in election precinct configuration, i.e., to provide for a building suitable for a polling location in the election precinct, between the date of the general primary election and the date of the general election for state and county officers; WHEREAS, there is need for the proposed change to be and become effective in time for the November 2013 election so that Election Precinct 24 will have a suitable location for a polling place for that election; WHEREAS, establishing an effective date for the proposed change that will permit the Fire Station to be used as a polling location in Election Precinct 24 for the November 2013 election is necessary to accomplish this purpose; WHEREAS, the requirement that the voter registrar have sufficient time to correct the registration records before the effective date is satisfied, since no voters are resident in the Fire Station Parcel, and no voter registrations will be affected by the proposed change; WHEREAS, there is an election in a territorial entity of the type specified in Texas Election Code section 42.005 in the November 2013 election, namely, the City of College Station; and since affected City Council elections include at -large positions, the area from which City officers will be elected includes Election Precinct 24 as changed; WHEREAS, the Commissioners Court finds that the proposed change, to provide a building suitable for a polling location for Election Precinct 24, is necessary and convenient for the County and its citizens and voters; and WHEREAS, the Commissioners Court finds that the modification to the current commissioner and justice precincts plans and to the current election precinct plan is necessary, convenient, and in the best interest of the citizens of Brazos County, and is believed to comply with all state and federal requirements; NOW, THEREFORE, BE IT RESOLVED AND ORDERED BY THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS: A. That the Commissioners Court makes the fact findings contained in the recitations stated above, which are incorporated into this Order as legislative fact findings; B. That, under the authority granted to the Commissioners Court by article 5, section 18 of the Texas Constitution, the existing common boundary line for Brazos County Commissioner Precincts 2 and 3 is hereby amended, and the change transferring the Fire Station Parcel from Commissioner Precinct 3 to Commissioner Precinct 2, as depicted in Exhibit 2, is hereby adopted and designated to redefine the common boundary of Commissioner Precincts 2 and 3 from and after the Effective Date specified below; and Exhibits 1 and 2 are incorporated by reference in and made a part of this Order, and shall be kept on file in the County Clerk's Office; Vol. l C. That, under the authority granted to the Commissioners Court by article 5, section 18 of the Texas Constitution, the existing common boundary line for Brazos County Justice Precincts 2 and 3 is hereby amended, and the change transferring the Fire Station Parcel from Justice Precinct 3 to Justice Precinct 2, as depicted in Exhibit 2, is hereby adopted and designated to redefine the common boundary of Justice Precincts 2 and 3 from and after the Effective Date specified below; and Exhibits 1 and 2 are incorporated by reference in and made a part of this Order, and shall be kept on file in the County Clerk's Office; D. That, under the authority granted to the Commissioners Court by Texas Election Code chapters 42, the configurations of current Election Precincts 24 and 34 are hereby amended, in particular, the existing common boundary between these election precincts is hereby amended, and the change transferring the Fire Station Parcel from Election Precinct 34 to Election Precinct 24, as depicted in Exhibit 2, is hereby adopted and designated to redefine the common boundary of Election Precincts 24 and 34 from and after the Effective Date specified below; and Exhibits 1 and 2 are incorporated by reference in and made a part of this Order, and shall be kept on file in the County Clerk's Office; E. That this Order reconfiguring Commissioner and Justice Precincts 2 and 3, and Election Precincts 24 and 34, shall take and be given effect upon adoption ( "Effective Date "); and thereafter, all Brazos County commissioner, justice precinct and election precinct elections, and any elections conducted by the County for any other political subdivision, including the November 2013 election, shall be held under and in accordance with the commissioner, justice and election precincts as here modified, or as otherwise provided by applicable law, until such time as a subsequent lawfully- enacted plan or modification shall be adopted to replace or modify the commissioner, justice and/or election precincts plans of the County; F. That all notices be given and all documents related to this reconfiguration of election precincts be provided, as required by Texas Election Code chapter 42; and G. That Fire Station No. 6 is designated as the County's polling location for Election Precinct 24. BE IT SO ORDERED. Adopted on this ad—day ofMj'2013. OS C TEXAS o uane Peters, Codrity Judge , Precinct 1 Commissioner, Precinct 2 Vol. Pg. �3 ATTEST: Hon, Karen McQueen, County Clerk Vol. Pg. EXHIBIT 1 cm.WSrn.m:ccs INS; Close -Up Between Commissioner Precincts Y 83 D. M:N"An,. n,.es:a..w:WM013 Showing Election PrecinCtiCOrnedeetoner UPAdjustment IVol. P9 /? _ I EXHIBIT 2 Snowing Election rreclncuu OMMISSIOn4gJr AUJISLMent Ivui. pg.y / I t_J m •, :. �" e a ryas _ . 4 ♦♦' ♦ 6 f1.:: ywao♦ SP.y gi' 4 ;y0. ..Imlau ,d ..aTUWy!_ q y - ,.nr° _ s W w. �♦ +I'I s ype. }y ��Y+hrlr� ��•�f ur Fr.'•°0W"° +m°y`�-'� . I � y fi t � ny ". Snwk Inaaat Showing Parcel for Fire Station No 6 s- 1 �'4�Ei I� � ♦, �11. "��JjR��'... �4.�f , r ' � , T S .. 1W I )': rrn ��� 1 '�)!,!ura V�� Z'1 1rTil1♦ I I f'�•: 1 _ i I � �►yw*w*w i o a'• i. Ski yr,�!_ �'r • :: • R.•r!"'.,, ♦': +F` os,L.a•ae Fins Swim Na. 6 Parch ^yi Currant Brows County Commbalorur PncMcrc 0 0,25 RS 1 OIOA BI[XyaYR M1Nq 0.4.UOISyn0.F 1 r INAr Brazos County Commissioner Precincts pw SOUa:no.r,VNL•.M ym ..M.OMalMCImT 11W 2010 �;� CooTMre S,ss T: GCSN0.u.e .•n'o". Illustrative Plan l Revised rr•r'r• a.., u.5. c.nws RUT.. DeuT: KMh euryn 1813; CrJ%d; 7*Wo13 Adopted September 6, 2011 Vol. / 8✓ pg /� —ter• STATE OF TEXAS § COUNTY OF BRAZOS APPLICATION AGREEMENT KNOW ALL MEN BY THESE PRESENTS: This agreement is made by and between GRANTWORKS, INC (herein called CONSULTANT) of Austin, Travis, Texas, and BRAZOS COUNTY, (herein called CLIENT), of Brazos County, Texas, for the purpose of retaining Consultant to render services in connection with the preparation and submission of an application for Public Works Investment project funds as administered by the U.S. Department of Commerce's Economic Development Administration. SECTION 1: Consultant shall prepare the Client's application to the Economic Development Administration in accordance with the guidelines and procedures established by the U.S. Department of Commerce. SECTION 2: Consultant cannot guarantee or warrant that services performed for Client in the application process for grant funds will result in Client being a recipient of such grant. SECTION 3: For and in consideration of the foregoing, Client agrees to pay Consultant a fee of THREE THOUSAND AND NO CENTS DOLLARS ($3,000.00) to be due and payable as follows: $3,000.00 upon submission of application to the Economic Development Administration. SECTION 4: This agreement shall be in effect as of the date it is executed and shall remain in effect until one of the following actions shall occur: a) the contract is awarded; or, b) the project activity or location is changed by Client. SECTION 5: This agreement may be terminated by either party with or without cause by giving the other seven (7) days written notice, SECTION 6: This document embodies the entire agreement of the parties hereto and no amendment, addition or deletion will be valid except same be in writing and executed by the parties. GRANTWORKS, INC., CONSULTANT 2201 NORTHLAND DRIVE AUSTIN, TEXAS 78756 DATE: AUGUST 23. 2013 BRAZOS COUNTY tOE. 26 ET, S TE 332 XAS 77 DUANE PETERS, COUNTY JUDGE ATTEST: BY: � �J r L2(.c.u. KAREN McOUEEN, COUNTY CLERK Vol. 8-5` Pg../f/3 i BRAZOSCOUNTY BRYAN, TEXAS Whereas, Subchapter F, § 118. 131 of the Local Government Code, authorizes the Commissioners' Court of each County to set reasonable fees to be charged for certain services by the office of Sheriff and Constable; and Whereas, the Brazos County Commissioners' Court has determined the fees listed below are required to recoup the costs to Brazos County for the services; Therefore, the Commissioners' Court is of the opinion that the following fees are reasonable and should be established for these services in Brazos County effective January 1, 2012, and to remain in effect until fit Cher orders of the court. These fees will be for the District Courts County Courts Justice of the Peace Courts and Small Claims Courts NOTICES: SUBPOENAS SUMMONS WRIT OF ATTACHMENT WRIT OF GARNISHMENT WRIT OF SEQUESTRATION ORDER OF SALE WRIT OF POSSESSION FORCIBLE DETAINER SERVICE FEES: SMALL CLAIMS CITATION JUSTICE COURT CITATION ALL OTHER COURTS' CITATIONS $70.00 $70.00 $125.00 $125.00 $125.00 $125.00 $125.00 (Plot S35/hr per deputy after 2hn) 5100.00 $70,00 $70.00 570.00 OTHER SERVICE FEES: ALL CITATIONS $70.00 ALL WRITS $125.00 (Unless fee mandated by State) POSTING OF PUBLIC NOTICE OF SALES $30,00 (Each Location) PRECEPTS $70.00 SHOW CAUSE $70.00 EXECUTING A DEED FOR REAL PROPERTY $70.00 EXECUTING A BILL OF SALE FOR REAL PROPERTY $70.00 RESTRAINING ORDER $125.00 DISTRESS WARRANT $125.00 TURNOVER ORDER WITH EXECUTION $125.00 COMMITMENT (FROM CIVIL SUITS) $125.00 CITATIONITEMPORARY PROTECTIVE ORDER $30.00 NOTICE OF APPLICATION/ PROTECTIVE ORDER $30.00 JUDGEMENT NISI $20.00 Bozos County Service Fm Page 2 ESTRAY FEES: LIVESTOCK COLLECTION FEE, per head $25.00 IMPOUNDMENT FEE $150.00 BOARDING & FEEDING Per day, small animal (sheep, goat, swine) $6.00 Per day, large animal (cattle, horse, mule, donkey) $10.00 SERVICE COMMISSION FOR EXECUTIONS AND ORDER OF SALE: FOR ALL SUMS $04200 ................. ............................10% FOR ALL SUMS $ 200 -$ 1000 ............. .............................6% FOR ALL SUMS $ 1000 -$ 5000 ........... .............................3% FOR ALL SUMS $ 5000. UP. ............... ...........................2 °/a (NOT TO EXCEED $500) First $200 a fee of 10%, and additional 6% for the next $800, and additional 3% for the next $4,000 and an additional 2% for any amounts over $5,000. If the above sums are collected without sale, one -half (1/2) of the foregoing rates shall apply. MZ"9/3/63 Duane Peters Date County Judge pg. ,.J DEPARTMENT OF STATE HEALTH SERVICES This contract, number 2014-044112-001 (Contract), is entered into by and between the Department of State Health Services (DSHS or the Performing Agency), an agency of the State of Texas, for DSHS Program Vital Statistics Unit and BRAZOS COUNTY CLERK'S OFFICE (Receiving Agency), a Government Entity. (collectively, the Parties). 1. Purpose of the Contract. Performing Agency agrees to provide and Receiving Agency agrees to purchase the services and/or goods as described in this Contract. 2. Total Amount of the Contract. The total amount of this Contract shall be determined by the number of birth certificates printed. 3. Term of the Contract. This Contract begins on 09/01/2013 and ends on 08/31/2015. The Parties are not responsible for performance under this Contract before both parties have signed the Contract or before the start date of the Contract, whichever is later. 4. Authority. Performing Agency enters into this Contract under the authority of Health and Safety Code, Chapter 1001. If this is an interagency, contract authority is also granted through the Texas Government Code, Interagency Cooperation Act, Chapter 771 et seq. If this contract is an interlocal, contract authority is also granted through the Texas Government Code, Interlocal Cooperation Act, Chapter 791 et seq. 5. Documents Forming Contract. The Contract consists of the following a. Core Contract (this document) b. Exhibits, if applicable Any changes made to the Contract, whether by edit or attachment, do not form part of the Contract unless expressly agreed to in writing by Performing Agency and Receiving Agency and incorporated herein through written amendment. This Contract may be modified within the Contract period by written amendment signed by both Parties. 6. Statement of Work. Performing Agency agrees to provide on -line computer services in support of Receiving Agency from 7:00 a.m. to 6:00 p.m. Monday thru Friday, except holidays. In the event of an emergency or computer application error. Performing Agency may temporarily suspend services without advance notice. Page - 1 Vol_ .� _� pg. Receiving Agency will search Performing Agency databases, locate data, and issue Certifications of Vital Records to authorized individuals requesting such data. The certifications will be in a format formally approved by Performing Agency. Receiving Agency will acquire the necessary data processing equipment, communications, hardware or software, and purchase "bank note" paper, as specified by Performing Agency. Performing Agency will assist in connection of the equipment, furnish applicable software programs, and provide technical assistance related to equipment and programs under control of the Performing Agency. Receiving Agency acknowledges that records may not be located in the searching process instituted by Receiving Agency or records, which are located, may have errors due to: A) normal key -entry errors in spellings; B) accidental failure on the part of the Performing Agency to update a file for an amendment or paternity determination; and C) the event year does not exist on the system. Receiving Agency will notify Performing Agency in writing, at least monthly of errors or suspected errors that exist on the data base information. Receiving Agency is to maintain an inventory control and account for each document produced on "bank note" paper, including voided documents. Receiving Agency is responsible for maintaining a system of vital record keeping that is in accordance with Chapters 195 of the Health and Safety Code and the regulations adopted there under. 7. Payment Method. Fee for Service Receiving Agency agrees to reimburse Performing Agency $1.83 (One Dollar and 83/100) for each Certification of Vital Record printed as a result of searches of the database. Receiving Agency agrees to charge the same base search fee for a birth certificate as Performing Agency. Additional fees may only be charged as authorized by Texas Health and Safety Code 191. 8. Billine Instruction. The Parties agree that the following payee is entitled to receive payment for services rendered by DSHS or goods provided under this Contract. Performing Agency will submit a monthly itemized billing showing the number of transactions by date to Receiving Agency and payment will be made no later than thirty (30) days following the billing date. Payment will be considered made on the date postmarked. Page - 2 Vol. _ � pg. 1 , Name: Texas Department of State Health Services Vital Statistics Unit, MC2906 Address: P. O. Box 149347 Austin, Texas 78714 -9347 Vendor Identification Number: 35375375371000 9. Confidentiality, Parties are required to comply with state and federal laws relating to the privacy and confidentiality of patient and client records that contain Protected Health Information (PHI), or other information or records made confidential by law. Receiving Agency will maintain sufficient safeguards to prevent release or disclosure of any information obtained hereunder to anyone other than Receiving Agency cmployee(s) or those who have an official need for the information and are authorized to receive such records. Receiving Agency further agrees records obtained and issued, as specified under this contract, will be used for purposes as herein set out and the use of these records or data for other purposes must be agreed to in writing by both parties. 10. Security of Patient or Client Records, Receiving Agency agrees that all data received from Performing Agency shall be treated as confidential, and ensure all information provided to outsourced entities remains confidential and utilized as specified in any pertinent written agreements. Data will not be used for any purpose other than that specifically set forth herein. Data will not be made available to any other individual or organization without proper consent. Data will be maintained to prevent unauthorized access and will not be used to track back to any individual or organization identified by the data. Receiving Agency agrees to implement all reasonable and necessary procedures to ensure that only authorized users will have access and will notify Performing Agency immediately should it detect a security violation by one of its employees or any other person. Receiving Agency is responsible for insuring that authorized Receiving Agency employee(s) use only their own individual passwords while logged into Performing Agency on -line computer applications. Performing Agency will inactivate any individual who does not use their account for ninety (90) days. Receiving Agency shall notify Performing Agency of all branch locations. 11. Suspension of Services Under This Contra& in the event of an emergency or computer overload, Performing Agency may temporarily suspend services without advance notice. This Contract may be immediately suspended upon reasonable suspicion by Performing Agency that the terms of this Contract have been violated. Performing Agency further reserves the right to terminate this Contract if, after reasonable notice and investigation, it is concluded that a violation of this Contract has occurred. 12. Liability for Harm. It is expressly understood that Performing Agency makes no guarantee of accuracy regarding the data provided to Receiving Agency under this contract. 13. Termination. This Contract may be terminated by mutual agreement of both parties. Either party may terminate this Contract by giving 30 day's written notice of its intent to terminate. Written notice may be sent by any method, which provides verification of receipt, and the 30 days will be calculated from the date of receipt. This Contract may be terminated for cause by either party for breach or failure to perform an essential requirement of the Contract. Page - 3 Vol. ✓' Pg.� Performing Agency reserves the right to limit or cancel access under this Contract should Performing Agency determine that is has insufficient capacity in its computer system to maintain current levels of transactions by Receiving Agency and/or that continued access by Receiving Agency is detrimental to the overall efficiency and operation of Performing Agency's computer systems. Any such limitation or termination of services will be upon written notice to Receiving Agency by Performing Agency. Upon termination of all or part of this Contract, Department and Receiving Agency will be discharged from any further obligation created under the applicable terms of this Contract except for the equitable settlement of the respective accrued interests or obligations incurred prior to termination. 14. Terms & Conditions. A. Federal and State Laws, Rules and Ordinances. Parties shall comply with all applicable federal and state statutes, rules and regulations, B. Applicable Contracts Law and Venue for Disputes. Regarding all issues related to contract formation, performance, interpretation, and any issues that may arise in any dispute between the Parties, the Contract shall be governed by, and construed in accordance with, the laws of the State of Texas. In the event of a dispute between the Parties, venue for any suit shall he Travis County, Texas. C. Records Retention. DSHS shall retain records in accordance with the Department's State of Texas Records Retention Schedule, located at http://www.dshs.state.tx.us/records/schedulcs.shtni, Department Rules and other applicable state and federal statutes and regulations governing medical, mental health, and substance abuse information. D. Severability and Ambiguity. If any provision of this Contract is construed to be illegal or invalid, the illegal or invalid provision will be deemed stricken and deleted to the same extent and effect as if never incorporated, but all other provisions will continue. Parties represent and agree that the language contained in this Contract is to be construed as jointly drafted, proposed and accepted. E. Legal Notice. Any notice required or permitted to be given by the provisions of this Contract shall be deemed to have been received by a Party on the third business day after the date on which it was mailed to the Party at the address first given above (or at such other address as the Party shall specify to the Receiving Agency in writing) or, if sent by certified mail, on the date of receipt. F. Immunity Not Waived. THE PARTIES EXPRESSLY AGREE THAT NO PROVISION OF THIS CONTRACT IS IN ANY WAY INTENDED TO CONSTITUTE A WAIVER BY DEPARTMENT OR THE STATE OF TEXAS OF ANY IMMUNITIES FROM SUIT OR FROM LIABILITY THAT DEPARTMENT OR THE STATE OF TEXAS MAY HAVE BY OPERATION OF LAW. Page 4 / G�i pg.1, /o G. Waiver. Acceptance by either party of partial performance or failure to complain of any action, non - action or default under this Contract shall not constitute a waiver of either party's rights under the Contract. H. Breach of Contract Claim. The process for a breach of contract claim against the Department provided for in Chapter 2260 of Texas Government Code and implemented in the rules at 25 TAC § §1.431 -1.447 shall be used by Performing Agency and Receiving Agency to attempt to resolve any claim for breach of contract made against Performing Agency. I. Inspections. Receiving Agency shall permit authorized Performing Agency personnel, during normal working hours, to conduct site visits and review such records as needed to ascertain compliance with the terms of this contract. J. Voided Records. To ensure compliance with Texas Administrative Code 181.24 Abused, Misused, or Flagged Records, Performing Agency is asking all Local office staff to be prudent in reviewing and checking record information on the computer screen prior to printing. The State Vital Statistics Unit does not honor nor encourage what some may consider "courtesy or free copies ". All documents printed via the remote access system are considered legal and viable documents. Every time a specific record is printed, it is counted. Once a record has been printed 10 times, it can no longer be issued without authorization from the State Vital Statistics Unit Office. Records printed by accident should be reported to the Security Manager to reset the lifetime count. The State Vital Statistics Unit is not responsible for: printers not being turned on, printing to wrong printer, printers not working properly, the accidental printing of a wrong record. In order to reset the lifetime count of a customer, Receiving Agency must notify Performing Agency Security Manager in writing to clear voided records from the remote access system's customer lifetime counts and the original voided certificate must be sent into the State Vital Statistics Unit Office. K. Credits. Performing Agency will handle credit requests on a case -by -case basis. Credits may be considered in those cases of emergency situations, i.e., equipment and systems failures or inclement weather. Receiving Agency shall submit these requests in writing along with pertinent documentation to provide justification to the State Registrar and/or designee for approval. Performing Agency will provide written documentation to the Receiving Agency on the status of the approval of credit requests. 15. Entire Agreement. The Parties acknowledge that this Contract is the entire agreement of the Parties and that there are no agreements or understandings, written or oral, between them with respect to the subject matter of this Contract, other than as set forth in this Contract. By signing below, the Parties acknowledge that they have read the Contract and agree to its terms, and that the persons whose signatures appear below have the requisite authority to execute this Contract on behalf of the named party. Page - 5 Vol. _ZZ37, Pg. �`Sa DEPARTMENT OF STATE HEALTH SERVICES By. 7341- em4tdk- Signature of Authorized Official &(113 Date Bob Burnette, C.P.M., CTPM Director, Client Services Contracting Unit 1100 WEST 49TH STREET AUSTIN, TEXAS 78756 (512) 458 -7470 Bob.BurneUe@dshs.state.tx.us BRAZOS COUNTY CLERK'S OFFICE By' Signature -3 -t3 Date puanLPt.(er�, C�r,� -U Printed Name and Title DOD s.'%.xas Aw'o fie. 33z Address 8ru, n QTY -1 -7 4'03 City, ate, Zip q -7°I- 3ce1- 9102 Telephone Number 6ya(leen %a2C��1 a' •gov E -mail dress for Official Correspondencc^� Page - 6 i Page 1 of 2 PARTICIPATING ADDENDUM WSCA -NASPO COOPERATIVE PURCHASING ORGANIZATION Electronic Monitoring of Offenders Administered by the State of Washington (hereinafter "Lead State ") MASTER AGREEMENT /CONTRACT- Washington Contract Number: 00212 Sentinel Offender Services. LLC, (hereinafter "Contractor") and Brazos County Juvenile Services (hereinafter 'Participating Entity') 1. Scope: This addendum covers the purchase of electronic monitoring of offenders services through Contracts lead by the State of Washington for use by state agencies and other entities located in the Participating Entity authorized by that state's statutes to utilize state/entity contracts with the prior approval of the state's chief procurement official. 2. Participation: Use of specific WSCA -NASPO cooperative contracts by agencies, political subdivisions and other entities (including cooperatives) authorized by an individual state's statutes to use state/entity contracts are subject to the prior approval of the respective State Chief Procurement Official. Issues of interpretation and eligibility for participation are solely within the authority of the State Chief Procurement Official. 3. Participating Entity Modifications or Additions to Master Acreement: The Brazos County Standard Terms and Conditions are incorporated herein as Attachment 1. In the event of any conflict between the terms of the Brazos County Standard Terms and Conditions and the WSCA -NASPO terms, the Brazos County Standard Terms and Conditions terms shall take precedence. 4. Primary Contacts: The primary contacts for this participating addendum are as follows (or their named successors): ftA Name: Robert Paulson, Jr., C.P.M., Contract Administrator Address: State of Washington Department of Enterprise Services, Master Contracts & Consulting Contacts: PO Box 41411 Olympia, WA 98504 -1411 Contacts: Phone (360) 407 -9430, Fax (360) 586 -2426, Email robert. aulson des.wa. ov Name: Leo Carson Address: Sentinel Offender Services, LLC 201 Technololy Drive Irvine CA 92618 Contacts: I Phone 888 843 -5590 Fax 800 327 -1178, Email leo.carson0sentrak.co m 5. Purchase Order Instructions: All orders should contain the following (1) Mandatory Language 'This order is subject to WSCA -NASPO Contract # 00212 terms, conditions, specifications and pricing' (2) Your Name, Address, Contact, & Phone - Number. (3) Other program requirements as necessary. 6. Individual Customer-, Each State agency and political subdivision, as a Participating Entity, that purchases electronic monitoring services will be treated as an Individual Customer. Except to the extent modified by a Participating Addendum, each agency and political subdivision will be responsible to follow the terms and conditions of the Master Agreement/Contract; and they will have the same rights and responsibilities for their purchases as the Lead State has in the Master Agreement/Contract. Each agency and political subdivision will be responsible for their own charges, fees, and liabilities. Each agency and political subdivision will have the same rights to any indemnity or to recover any costs allowed in the contract for their purchases. The Contractor will apply the charges to each Participating Entity individually. Page 2of2 This Participating Addendum and the Master Agreement/Contract number 00212 (administered by the State of Washington) together with its exhibits, set forth the entire agreement between the parties with respect to the subject matter of all previous communications, representations or agreements, whether oral or written, with respect to the subject matter hereof. Terms and conditions inconsistent with, contrary or in addition to the terms and conditions of this Addendum and the Master Agreement/Coptract, together with its exhibits, shall not be added to or incorporated into this Addendum or the Master Agreement/Contract and its exhibits, by any subsequent purchase order or otherwise, and any such attempts to add or incorporate such terms and conditions are hereby rejected, The terms and conditions of this Addendum and the Master Agreemenf/Contract and its exhibits shall prevail and govem in the case of any such inconsistent or additional terms within the Participating State. IN WITNESS WHEREOF, the parties have executed this Addendum as of the date of execution by both parties below. Participating Entity: Brazos County Juvenile Servi Contractor. Sentinel Offender Services, LLC By'• Name: Duane Peters Name. Hans Kintsch Title: Brazos County Judge Title: Chief Financial Officer Date: / 2 Date: Pg.-/ ELECTRONIC MONITORING OF OFFENDERS CONTRACT BRAZOS COUNTY PURCHASING DEPT. Brazos County Courthouse 200 S. Texas Ave., Ste. 352 SOQ Request No. 2013 -92 Bryan, Texas 77803 Page 1 of 7 Pages Telephone (979) 361 -4294 GENERAL REOUIREMENT FOR CONTRACT I as a duly authorized representative of "Contractor" willingly attest to perform (or deliver) as per Contract #00212 with Sentinel Offender Services, LLC for Electronic Monitoring of Offenders 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. "Attachment 1" Vol. _ pg. /, rl SOQ Continuation Sheet SOQ Request No. 2013 -92 BRAZOS COUNTY, TEXAS Page 2 of 7 Pages HOLD HARMLESS AGREEMENT Contractor, the successful offeror, shall indemnify and hold Brazos County harmless from all claims for personal injury, death and/or property damage resulting directly or indirectly from contractor's performance. Contractor shall procure and maintain, with respect to the subject matter of this bid, appropriate insurance coverage including, as a minimum, public liability and property damage with adequate limits to cover contractor's liability as may arise directly or indirectly from work performed under terms of this bid. Certification of such coverage must be provided to Brazos County upon request. INSPECTIONS & TESTING Acceptance of merchandise, work, and/or equipment provided shall be made by Brazos County at the sole discretion of the Commissioners Court when all 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. "Attachment 1" Vol. SOQ Continuation Sheet SOQ Request No. 2013 -92 BRAZOS COUNTY, TEXAS Page 3 of 7 Pages Failure to provide this information may result in a delay in payment and/or back -up withholding as required by the Internal Revenue Service. 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. "Attachment 1" Vol. /Ks Pg_ Z.nL SOQ Continuation Sheet SOQ Request No. 2013 -92 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 $1,000,00 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 S 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 "Attachment 1" Vol. ��� pg. /S7 SOQ Continuation Sheet BRAZOS COUNTY, TEXAS SOQ Request No. 2013 -92 Page 5 of 7 Pages insured. Waiver of subrogation is required. No claims made policies are acceptable without tenor approval by the Commissioners Court/Risk Management. (3) Automobile Public Liability Insurance with a $ 500,000 Combined Single Limit, in all self - propelled vehicles used in connection with the contract, whether owned, non -owned or hired. Waiver of subrogation is required. 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 LIMTfATIONS The parties are aware that there are constitutional and statutory limitations on the authority of Brazos County to enter into certain terms and conditions of the Agreement, including, but not limited to, authorizations of the placement of liens on Brazos County property; disclaimers and limitations of warranties; disclaimers and limitations of liability for damages; waivers, disclaimers and limitations of legal rights, remedies, requirements and processes; limitations of periods to bring legal action; granting control of litigation or settlement to another party; liability for acts or omissions of third parties; payment of attorneys' fees; dispute resolution; indemnities; and confidentiality (collectively, the "Limitations "). Any Agreement terms and conditions related to the Limitations will not be binding on Brazos County except to the extent authorized by the laws and Constitution of the State of Texas. COVERAGES/WAGES Nothing in this Agreement shall be construed as making Brazos County responsible for the payment of compensation and/or any benefits for Contractor including health, property, motor vehicle, workers' compensation, disability, death, and dismemberment insurance for the Contractor's employees and/or equipment. Nothing in the Agreement shall be construed as making Brazos County responsible for wages, materials, logistical support, equipment, and related travel expenses incurred by the Contractor. SOVEREIGN IMMUNITY The parties understand that Brazos County does not waive or relinquish any immunity or defense on behalf of itself, officers, employees, agents, and volunteers as a result of its execution of this Agreement and the performance of the covenants contained herein. Further, Brazos•County is not responsible for any civil liability that arises from any act or omission made within the course and scope of this Agreement. The Parties understand and agree that Brazos County does not assume civil liability under any theory of law for the actions of the Contractor in providing services hereunder. NOTICES Notices shall be mailed to the addresses designated herein or as may be designated in writing by the parties from time to time and shall be deemed received when sent postage prepaid U.S. Mail to the following addresses: BRAZOSCOUNTY: Brazos County, Texas Duane Peters, Brazos County Judge 200 South Texas Avenue, Suite 332 "Attachment 1" Vol. �AJ..— Pg. SOQ Continuation Sheet BRAZOS COUNTY, TEXAS CONTRACTOR: Sales Contact Name: Bryan, Texas 77803 Phone Number: SOQ Request No. 2013 -92 Page 6 of 7 Pages Billing Info: ASSIGNABILITY This agreement may not be assigned without the prior written permission of Brazos County. FISCAL FUNDING CLAUSE Notwithstanding any provisions contained herein, the obligations of Brazos County are expressly contingent upon the availability of funding for the obligations contained herein for the term of the Agreement and any extensions thereto. WAIVERS No waiver by either party hereto of any term or condition of this Agreement shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. ENTIRE AGREEMENT This Agreement represents the entire and integrated agreement between Brazos County and the Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement may only be amended by written instrument approved and executed by the parties. AVAILABILITY AND RETENTION OF RECORDS All records relating to the service provided under this contract and supporting documentation for invoices submitted to Brazos County by the Contractor shall be retained and made available by the Contractor for audit by Brazos County, it duly authorized representatives, the State of Texas (including, but not limited to the Auditor of the State of Texas, Inspector General or duly appointed law enforcement officials) and agencies of the United States Government. Such records shall be returned by Contractor and made available for any time period required by state or federal law. If 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 p �i "Attachment 1" Vol. —/ Pg.� SOQ Continuation Sheet SOQ Request No. 2013 -92 BRAZOS COUNTY, TEXAS Page 7 of 7 Pages withhold any money due and recover through any appropriate method any money erroneously paid under Us contract if evidence exists of less than full compliance with this contract. INDEMNIFICATION The Contractor shall defend, indemnify and save harmless Brazos County and all its officers, agents, and employees from all suits, actions, or claims of any character, name and description including attorney's fees expenses brought 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 famished 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 provisions and specifications of this contract. Signed By: Typed Name: Company Name: Email Address: Mailing Address: P. O. Box or Street Employer Identification Number: Social Security Number: Title: Phone No. City State Zip Approved by Commissioner's Court on this day of 2013 by holding the position of "Attachment 1" Vol. _f 8 �_Pg!(/"P- JURY SUMMONS NOTICES ANNUAL CONTRACT BRAZOS COUNTY PURCHASING DEPT. Brazos County Courthouse 200 S. Texas Ave., Ste. 352 SOQ Request No. 2013 -56 Bn,an, Texas 77803 Page 1 of 7 Pages Telephone (979) 361 -4294 GENERAL REQUIREMENT FOR CONTRACT -� �' , 1, f \D ^wAi << ((Y as a duly authorized representative of ..T r �K ��^^ t� �N Irl A""',�w" "f S ^✓.t.c.0 "Contractor'/ willingly attest to perform (or deliver) as per Exhibit "A" for Brazos Count. t farther agree to all of the provisions and specifications contained in this contract. This contract %N ill be in effect for two (2) years from September 1, 2013 through August 31, 2015 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. v01. Y f' Pg /�/ SOQ Continuation Sheet SOQ Request No. 2013-56 BRAZOS COUNTY, TEXAS Page 2 of 7 Pages HOLD HARMLESS AGREEMENT Contractor, the successful offeror, shall indemnify and hold Brazos County harmless from all claims for personal injury, death and/or property damage resulting directly or indirectly from Contractor's performance. Contractor shall procure and maintain, with respect to the subject matter of this bid, appropriate insurance coverage including, as a minimum, public liability and property damage with adequate limits to cover Contractor's liability as may arise directly or indirectly from work performed under terms of this bid. Certification of such coverage must be provided to Brazos County upon request. INSPECTIONS & TESTING .acceptance of merchandise. work, and/or equipment provided shall be made by Brazos County at the sole discretion of the Comtnissioners 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 ma) be required. ADD] TION/MODIFICATION OF LOCATIONS OR SERVICES Brazos Count)' resen•es 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 b) 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. SOQ Continuation Sheet SOQ Request No. 2013 -56 BRAZOS COUNTY, TEXAS Page 3 of 7 Pages Failure to provide this information may result in a delay in payment and /or back -up withholding as required by the Internal Revenue Service. 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 %NTitten 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. / Pg.1013 SOQ Continuation Sheet BRAZOS COUNTY, TEXAS SOQ Request No. 2013 -56 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 fumished under this contract shall be new, unused of the latest product in production to commercial trade and shall be of the highest quality as to materials used and workmanship. Manufacturer furnishing these items shall be experienced in design and construction of such items and shall be an established supplier of the item bid. TERMINATION Brazos County reserves the right to terminate the contract for default if offeror breaches any of the terms therein, including warranties of offeror or if the offeror becomes insolvent or commits acts of bankruptcy. Such right of termination is in addition to and not in lieu of any other remedies which Brazos County may have in law or equity. Default may be construed as, but not limited to, failure to deliver the proper goods and/or services within the proper amount of time, and/or to properly perform any and all services required to Brazos County's satisfaction and/or to meet all other obligations and requirements. Brazos County may terminate the contract without cause upon thirty (30) days written notice. POLICY REQUIREMENTS FOR CERTIFICATE OF INSURANCE CONTRACTOR'S INSURANCE The Contractor /Contractor, before starting work for Brazos County, must fumish 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: (l) Statutory Workers Compgnsation 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 S 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 /_.5 pg._ ��� SOQ Continuation Sheet BRAZOS COUNTY, TEXAS SOQ Request No. 2013 -56 Page 5 of 7 Pages insured. Waiver of subrogation is required. No claims made policies are acceptable without Qrior approval by the Commissioners Court/Risk Management. (3) Automobile Public Liability Insurance with a $ 500,000 Combined Single Limit, in all self - propelled vehicles used in connection with the contract, whether owned, non -owned or hired. Waiver of subrogation is required. The Certificate of Insurance furnished to Brazos County shall contain a provision that coverage under such policies shall not be canceled or materially changed until at least 30 days prior written notice has been given to Brazos County LIMITATIONS The parties are aware that there are constitutional and statutory limitations on the authority of Brazos County to enter into certain terms and conditions of the Agreement, including, but not limited to, authorizations of the placement of liens on Brazos County property; disclaimers and limitations of warranties; disclaimers and limitations of liability for damages; waivers, disclaimers and limitations of legal rights, remedies, requirements and processes; limitations of periods to bring legal action; granting control of litigation or settlement to another party; liability for acts or omissions of third parties; payment of attorneys' fees; dispute resolution; indemnities; and confidentiality (collectively, the "Limitations "). Any Agreement terms and conditions related to the Limitations will not be binding on Brazos County except to the extent authorized by the laws and Constitution of the State of Texas. COVERAGES/WAGES Nothing in this Agreement shall be construed as making Brazos County responsible for the payment of compensation and/or any benefits for Contractor including health, property, motor vehicle, workers' compensation, disability, death, and dismemberment insurance for the Contractor's employees and/or equipment. Nothing in the Agreement shall be construed as making Brazos County responsible for wages, materials, logistical support, equipment, and related travel expenses incurred by the Contractor. SOVEREIGN IMMUNITY The parties understand that Brazos County does not waive or relinquish any immunity or defense on behalf of itself, officers, employees, agents, and volunteers as a result of its execution of this Agreement and the performance of the covenants contained herein. Further, Brazos County is not responsible for any civil liability that arises from any act or omission trade 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: BRAZOSCOUNTY: Brazos County, Texas Duane Peters, Brazos County Judge 200 South Texas Avenue, Suite 332 VOL-I 3� _ Pg. 1/613' SOQ Continuation Sheet BRAZOS COUNTY, TEXAS CONTRACTOR: Sales Contact Name: Bryan, Texas 77803 Pbone Number: 9r „_Srac -4 SOQ Request No. 2013 -56 Page 6 of 7 Pages Billing ASSIGNABILITY This agreement may not be assigned without the prior written permission of Brazos County. 7'i'e�s� <• l •(' 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 Vol. /8�5' p9_� SOQ Continuation Sheet SOQ Request No. 2013.56 BRAZOS COUNTY, TEXAS Page 7 of 7 Pages withhold any money due and recover through any appropriate method any money erroneously paid under this contract if evidence exists of less than full compliance with this contract. INDEMNIFICATION The Contractor shall defend, indemnify and save harmless Brazos County and all its officers, agents, and employees from all suits, actions, or claims of any character, name and description including attorney's fees expenses brought 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 provisions and specifications of this contract. Signed By: 1 . , o+r e Title: Typed Name: o /U&A c K c l �`, �� ' w' 2 Company Name: `^ wi �', ��..e�ra.7Sect,o�t.r.' Phone No. 210 _b;Y-- Email Address: � �iir (u � _, i�s•c'c�h /, � ' %11 Mailing Address 1. P. O. Box or Street City State Zip Employer Identification Number: _ `z Z b I Social Security Number: Ap ove Com ' sjo er's Court on this 3I-d day 0 2013 by , /� Iding the position of BY06 6MMf7i) A CAL Vol. 145' Pg. 14 % SOQ Continuation Sheet SOQ Request No. 2013 -56 BRAZOS COUNTY, TEXAS Page 8 of 7 Pages Item Per iiiiiiii—aarge NCOA Addressing Correction: Brazos County (County) has the option to Item Per Per Item Laser Printing: Front Side - Laser print variable data and all static content In black toner on the front of a page of 20# 8.5 "x11 ", white bond paper... 1/0 Summons $0.035 Laser Printing: Back Side - Laser print static content in black toner on the back side of the page of white paper. 011 Summons $0.018 File Preparation Summons $0.010 CASS & PAVE: Address and mail certification and presorting to provide the I Address I $0.0100 lowest Dresort rate offered by the LISPS. Address $0.025 Foidin : Auto fold each summons prior to Inserting. Summons $0.010 Inserting: Auto Insert the summons in a No. 10 envelope. Summons 50.010 Item Per Charge Per Item NCOA Addressing Correction: Brazos County (County) has the option to NCOA process the addresses in its print data file monthly at the "Charge Per Item ". Should the County wish to NCOA process all of the addresses in its complete Jury Pool address file, it may require custom programming for IMS to be able to provide the addresses changed to the County in a format in which they can be easily imported back into the County's Jury Pool database. Should custom programming be required, IMS would first provide the County a firm price for programming the data so that it can be imported back into the County's data management system. I Address I $0.0100 Postage: All postage required by the United States Postal System (USPS) must be paid in advance of its use. IMS will bill the County for the estimated amount of postage required to mail the number of items being mailed. Each mail piece will be processed according to USPS standards for First Class Letter Mail to provide the lowest postage rate offered for this category of mail. The process is commonly referred to as CASS & PAVE. The CASS & PAVE process presorts each mail piece to USPS standards and certifies the presorting process to the USPS. Any mail that does not quality as "presorted mail" will be mailed out at the BRAZOSCOUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge DEPT. NUMBER 56001000 DATE OF COURT MEETING: September 3, 2013 ITEM: Consider and take action on the Final Plat of Indian Lakes Subdivision Phase XII, 14.769 Acres J.M. Barrera Survey A -69, College Station (ETJ), Brazos County, Texas. This plat replaces the wrong plat submitted by developer affecting item #25 on the previous Commissioners Court Agenda (08/27/2013). Site is located in Precinct 1. SOURCE OF FUNDS: N/A EXCEPTIONS/REOUIREMENTS: • 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. NOTES: • Owner /Developer: Smiling Mallard Development, Ltd. • Engineer /Surveyor: McClure & Browne Engineering/Surveying, Inc. SUBMITTED BY: APPROVED BY: R. Alan Munger, P Lloyd assermann County' Engineer Commissioner Precinct I CC -2013 This Request isoVPROVE Commissioners' Court E. Duane Peters, County Judge 9 -3-13 _ Date Vol. /9-5" Pg./�F_ BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT: Road & Bridge MEETING DATE: September 3, 2013 SUBJECT: BTU Easement — Kathy Fleming Yard Consider and take action on the BTU easement that will provide electrical power to the Brazos County facility located on Kathy Fleming Road. This project will supply power for storage building and yard security lights. Site is located in Precinct I. SUBMITTED BY: .:r Right of Way Agent This request is APPROVED BY: Lloyd assermann Commissioner Precinct 1 Duane Peters, County Judge DATE: " 1—s — I3 Commissioners' Court Vol. e Alva Pg. 0 Investigate Number, 1304022373 STATE OF TEXAS} COUNTY OF BRAZOS) Map Number: 228 -360 RIGHT OF WAY EASEMENT KNOW ALL MEN BY THESE PRESENTS That Brazos County., hereinafter called the Grantors, for a good and valuable consideration, the receipt and sufficlency of which Is hereby acknowledged, do grant unto the City of Bryan, a Texas home rule municipal corporation, doing business as 'Bryan Texas Utilities" CBTUj and to its successors and assigns, an easement and right -of -way upon, under, over, and across property owned by Grantor and located In the County of Brazos, Slate of Texas, which property (the "Property ") Is described as totiaws: (Describe only the part or Grantors Property covered by this easement) BEING called a tract of land consisting of 115.23 acres, Brazos County, Texas. Being more particularly described In volume 952 and page 661 of the official deed records of Brazos County, Texas. (herein the "Property ") BEGINNING and ending as shown on the attached Exhibit "A ". The width of this easement hereby granted Is described as follows: A 20 feet wide electric overhead primary utility and four 30 feet guy wires easement as shown on the attached Exhibit "A ". (herein the "Easement'} The Easement Area granted by this instrument (the "Easement") fs subject to the following conditions: 1. BTU has the right to Install, operate, relocate, construct, reconstruct, add to, maintain, d inmthe Easement and to repair. remove and replace Utility Faciligea upon, over, under, and across the Property Utility Facilities from the Property, and the right of Ingress and egress on Grantors property adjacent to the Easement for the same purposes. For purposes of the Easement, the phrase 'Utility Facilities' shall Include a variable of number of cables, conductors or wkss, insulators, cross arms, protective devices, meters, terminal boxes, transformers, structures, poles, props, guys, anchors, conduit, and other, necessary and desirable devices relating to eleciric energy and/or communication, 2. BTU has the right to [rim and/or remove, from the Easement, without payment due to Grantor, all trees, branches, underbrush or any other obstruction which might endanger or Interfere with the operation, safely, or efficiency of the Utility Facilities on the Property on which the Easement is located. 3. The Grantor covenants for Itself, his or her personal representatives, executors, and/or successors and assigns, not to place or maintain any building, structure, or any other obstruction on or within the Easement, or to use the surface of the Easement Area for any purpose that would interfere with or prevent the use by BTU of the Easement for the purposes sal forth herein. The Grantor shall have the right to use the surface of the Easement for streets, roads, driveways, alleys, walks, gardens, lawns, plantings or park areas and any other like uses. q. BTU has the right to assign all or part of the rights granted to It, pursuant to this Agreement it receives under the Easement. The Easement will inure to the benefit of BTU and BTU's successors and assigns. 5. Grantor acknowledges and agrees that the iocallon of the Easement Is based only on preliminary surveys and that the rights granted by this Easement shall apply to the actual location of Utility Facilities, when constructed. 6. Grantor binds Grantor and Grantors heirs, successors, and assigns to WARRANT and FOREVER DEFEND, all and singular, the rights and premises granted to BTU by this instrument. 7. Grantor covenants, represents and warrants that Grantor has good and marketable title to the Property and the unqualified right to grant the privileges cordained herein, Page I of 2 Vol. _�,5� Pg. �%% Investigate Number: 1304C22373 Map Number: 228 -360 IN WITNESS WHEREOF, the Grantors execute this Instrument this day of STATE OF C1'7 COUNTY OF Before me, the undersigned authority, on this day personally appeared � n �1%1I1P NPj&S whose name is subscribed to the foregoing Instrument and acknowledged to me that ec tad day thep �sa�me� for the purposes and D 2013, cons erallon therein expressed. Man rider my hand and seal of office this of � ................ ................. Betharry Eckstrom Notary Public STATE OF TEXAS Notary Public/ State of My Comm. Exp, 08109/2015 i ..... ............................... day of IN WITNESS WHEREOF, the Grantors execute this Instrument this , AD 2013. STATE OF COUNTY OF Before me, the undersigned authority, on this day personally appeared whose name Is subscribed to the foregoing Instrument and acknowledged tome that executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this _ day of , AD 2013. Notary Public/ State of IN WITNESS WHEREOF, the Grantors execute this instrument this day of AD 2013. STATE OF COUNTY OF Before me, the undersigned authority, on this day personally appeared whose name is subscribed to the foregoing instrument and acknowledged to me that executed the same for the proposes and consideration therein expressed. Given under my hand and seat of office this ` day of , AD 2013. Notary Public/ State of IN WITNESS WHEREOF, the Grantors execute this instrument tNs day of AD 2013. STATE OF COUNTY OF Before me, the undersigned authority, on this day personally appeared whose name is subscribed to the foregoing Instrument and acknowledged to me that executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this ^ day of , AD 2013. Notary Pubfid Slate of Page 2 of 2 _._. -------__._---- -- Vol. _1� Pg. �%z K \ k § k . / \ ) } \\ ( G LL,\ 0 Ix . ƒ$ k k (§ : Q» e -� §) > >` ) § )k 00 ® - u #§ cc; \�\ �� - \ §/ ,!� \ kk /m) \ kj(j \ ! \§2, / Z» «£k§¥ mo > <u>» / 0 0 z m W E .� /~ + f �w )) � /u Fx Q % �( 9 ƒ \ ® ® § } d 4b . ® ¥ � K | vi. ' pg,/73� BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT: . Road & Bridge MEETING DATE: September 3, 2013 SUBJECT: Utility Permit — Texcon General Contractors Consider and take action on the following utility permit to provide water service to Los Lobos Subdivision located on Grassbur Road in Precinct 2. Permitted work will consist of the following: Texcon will construct 8" road bore under Grassbut Road per Wickson Creek S.U.D. construction specs for water line SUBMITTED BY: JgyV. Salvato of Way Agent APPROVED BY: Sammy, This request is" OVED /DENIED ❑ by Commissioners' Court Duane Peters, County Judge DATE: APPLICATION FOR WATER UTILITY PERMIT DESIGNATING PLACEMENT OF UTILITY IN COUNTY RIGHT OF WAY TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS Pursuant to the Texas Utility Code, Section 181.024, comes now Texcon General Contractors [company name], hereinafter referred to as "Company" a Texas [state] Corporation, with authority to transact business in Texas, acting by and through its duly authorized representative, and hereby petitions the County Engineer for the right to lay, construct, maintain, repair and/or operate a gas facility under, over, across and/or along certain County Roads as shown on drawings and diagrams attached hereto and said location described as follows: Facility to Cross Road Road Name & Block Number Length of Crossing TYPE OF CONSTRUCTION CHECK ONE Bored lacked Driven Cased Gmssbur Road 65' X X Facility to Parallel County Road Within Right-Of-Way CONSTRUCTION TYPE 4" Diameter 0.8" wall Thickness Material Specification C900 -DR 18 Maximum Operation Pressure 150 psi PROJECT WILL INSTALL 4" PVC WATER LINE IN 8" PVC CASING FOR ROAD BORE The location and description of the proposed installation and appurtenances must he fully shown on the attached detailed drawings. The Company shall commence actual construction/work in good faith within 60 days from the date of said permit and shall complete said construction /work within 60 working days. (COMPANY MUST FILL M. If such construction is not begun by the 60th day, Company will be required to apply for a new permit. Company declares that prior to filing this application, it has ascertained the location of all existing utilities, both aerial and underground, and the filing of this application is prima facie evidence that the proposed installation will not conflict with any existing utility. A copy of this permit shall be kept at the job site any time work is being performed. It is expressly stipulated that this Permit is a license for permissive use only and that the placing of facilities upon public property pursuant to this permit shall not operate to create or vest any property right in said holder. It is understood and agreed that the rights and privileges herein set out are granted only to the extent of the County's right, title and interest in the land to be entered upon and used by the holder and the holder will at all times assume risk of and indemnify, defend and save harmless Brazos County from and against any and all loss, damages, cost or expense arising in any manner on account of the exercise or attempted exercise by said holder of the aforesaid rights and privileges. Vol. - e--5 Pg. , Any deviation from these specifications must be approved by Brazos County Engineer's Office or its designated representative. Approval of County Engineer's Office may lake as long as two weeks after complete application is received. Applicant agrees io comply with all rules of the County Commissioners and the County Engineer in construction of said installation attached hereto as BRAZOS COUNTY DESIGN STANDARDS AND SAFETY PRECAUTION REQUIREMENTS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY and incorporated herein for reference. In the event Company fails to obtain a perinit prior to the installation ar does not install utilities in conpliance with installation requirements set forth herein (i.e. depth, location, etc), Company assumes all financial responsibiliq for damages and /ar destruction of lines, cables, eta based upon its failure to comply with Bravos Couiny requirements. Applicant agrees ihat if Brazos Count)) demoustrates a violation of the arms of this policy, Applicant stipulates that requisites for kilunctive relief exist and that Brazos County is entitled to relief enjoinitg any conduct by applicant which is contrary to tho policies. This permit is a revocable permit Brazos County reserves the right to revoke this permit at any tune, In the sole discretion of Brazos CounQy for htferesis of public health, sgleq+ or welfare, or for failure to repair any damages upon demand, or for any other reason deemed sufficient by Brazos Counny. In the event Company falls to comply with any or all of the requirements as set forth herein, the Count)- may take such action as it deems appropriate to compel compliance. The Counq, Eugineer farther retains the right to revoke this Permit by verbal notifleadon to die App/kaut/Coarpauf+ Failure to obtain this permit and/or notify the County Engineer's Office within) 24 hours of beginning construction shall constitute grounds forJob shutdown. By signing below, I certify that I am authorized to represent the Company listed below, and that the Company agrees to the conditions/provisions included in this pemrit. Company Name CA.titi -D By: C, 01 W Signature Title f'toz Address r% //etc Jt£.,C`e.• 1)� 77 8s/S City State Zip 4-79- 11 Telephone Number �iy Sri •!l. [� 77�ra� . n..aF'"' Email: Vol. ��.� _ Pg %2 � -- WATER UTII3TY APPROVAL Brazos County offers no objection to the proposed location of the utility in the County right of way as shown by accompanying drawings and notice dated 00 " a2 8 "o26l3 except as noted below: (Month/Day/Year) EXCEPTIONS: 6452NG M41-S7 fX7_611b ?AST 7� /�D�J1E� /�• t4LA-g Xvw,;6y Brazos County Engineer Lu-k- SiV*re g� �ivT Title Vol. /Ys' Pg.j %% 3 0 Ic 4c lox F i 3 0 N No t � ti 4 lr 0 Q s m ur T 0 J ui Z I w w U Q x s2 0 Y d O x tnQ x O !y � V _w 23 Z RGHT -0F4PAY • ■ T Z O U co ui d J 3 a Z Z O V U) Z 0 V O 0 V O ti a D W l'S O z 0 J Z �d cc (, J a V7 2 as V V w V) P O V w N a_ O d z d J a w J m d V J a. a d H u.i m C( U J CL Q- 0 Z L� z 0 H W V1 W a H Q' Z y7d [1J z J a m a m d U- n m Ab1U1-d0-1HOW ----- .— ..- - - -_ _ Vol. Pg., H w x w W Z W U Z O U co ui d J 3 a Z Z O V U) Z 0 V O 0 V O ti a D W l'S O z 0 J Z �d cc (, J a V7 2 as V V w V) P O V w N a_ O d z d J a w J m d V J a. a d H u.i m C( U J CL Q- 0 Z L� z 0 H W V1 W a H Q' Z y7d [1J z J a m a m d U- n m Ab1U1-d0-1HOW ----- .— ..- - - -_ _ Vol. Pg., 4 1.001 AC. N/➢ WCIUE 0 GILPIN A YCLAUCHUN A -157 \qL 3 2. 448 6 3 1.002 AC. 2 1.000 AC. N KENNETH NCA-15 A CT 4.3. 1.4 A -157 TRACT 4.J. 1.487 ACRES VOL 783, P0. 323 W LUAIA E RIV U`ANC TUST A YCLA"LIN A -157 TRACT 4, 1.457 ACRES voL 11]77, Pa 274 vl • �. � U n 1.000 AC. .3I Il nl / v P 6W. =MW 4 \ p.7EK l i Vol. /9r- Pg. J %9 ni .A M n 19 ! 1 1.052 AC. 1 239 MAW 1 .08 1 \ t � r WAiFA WE — 16 ', - - 21 AC. \ , 20 r 1.008 AG 10' PAL 1 � c{ 1 tf P.LL 58' 01'E - 293.47' 1 1 1 11 37' 31 — — . — ll 1Z r1, 54f — 11 • � a c} � — 1 15 1.024 AC \ �1 3. d 1 21 1372 Ac. - It It P" ----- I - 1 - O r 1 _ 1� -��_�1 `W�UW 4 1.001 AC. N/➢ WCIUE 0 GILPIN A YCLAUCHUN A -157 \qL 3 2. 448 6 3 1.002 AC. 2 1.000 AC. N KENNETH NCA-15 A CT 4.3. 1.4 A -157 TRACT 4.J. 1.487 ACRES VOL 783, P0. 323 W LUAIA E RIV U`ANC TUST A YCLA"LIN A -157 TRACT 4, 1.457 ACRES voL 11]77, Pa 274 vl • �. � U n 1.000 AC. .3I Il nl / v P 6W. =MW 4 \ p.7EK l i Vol. /9r- Pg. J %9 ni .A M n BRAZOS COUNTY ROADWAY SAFETY AND ROAD PRESERVATION STANDARDS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY A. General Requirements 1. Adequate drainage shall be maintained in ditches at all times. 2. Permittee will use best management practices CBMP ") (EPA and TCEQ both provide lists of examples of BMPs) to minimize erosion and sedimentation resulting from the proposed installation. 3. The permittee shall take precautions to avoid damage to property. All County Right of Way and property shall be restored to its original condition, as far as practical, in the opinion of the County Engineer or appointed representative. 4. The construction and maintenance of such utility shall not interfere with the property or rights of a prior occupant. b. Permittee shall not interfere with other utilities located in the right of way. In the event damages occur, permittee will be liable to the County or other utilities running through the right of way. 6. County Engineer shall determine whether or not permittee's plans shall inconvenience the public. If it is determined that inconvenience to the public exists, then the County Engineer will decide whether such project will be allowed or if an alternative exists so as not to inconvenience the public. B. Safety Requirements 1. Proper traffic control measures must be put in place prior to beginning work and remain in place during the duration of the job. All traffic control measures must follow the Texas Manual of Uniform Traffic Control Devices (TMUTCD). See Traffic Control Requirements below. i 2. During construction, all safety regulations of the Texas Department of Transportation shall be observed. 3. Permittee must take such precautions and measures, including placing and displaying safety devices, as may be necessary, in order to safely conduct the public through the project area. Company shall provide flagmen, signs, signals or devices necessary to provide complete safety to the public. 4. Adequate provisions must be made to cause minimum inconveniences to traffic and adjacent property owners. 5. No cable, conduit and/or pole line shall be laid, constructed, maintained and/or repaired so as to constitute a danger or hazard of any kind to persons or vehicles using such road. Any poles placed in the Right of Way for future installation shall be placed at the back of the Right of Way. Exceptions may be approved by the County Engineer. Tra.#k 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 ovemight, requires specific nighttime traffic control measures pursuant to the TMUTCD; b. if construction is within ten (10) feet of the roadway or c. any work performed in the road right -of -way; Vol. _ 2. Plan must be attached to the permit and kept at the job site any time work is being performed. 3. Plan must set forth the time of completion for the job. D. Design Standards 1. All overhead installations shall conform to clearance standards of the Texas Department of Transportation and the pole be placed in the designated area for power specified as set forth in the Texas Utilities Code, Section 181.045. 2. All pole installation (including lighting) shall be placed at the backside of the Right of Way to ensure safety to the public. Any pole placed in violation of this requirement will be required to be moved to the appropriate location at the company's expense. Exceptions may be approved by the County Engineer. 3. All underground installations shall (these are minimum depths — utility may place deeper): a. be placed at a minimum depth of forty -eight (48) inches below the top of the pavement; b. be at least thirty-six (36) inches below ditch flow line when installation is within the area measured from top of bank to top of bank; c. be at least forty-eight (48) inches below ditch flow line if low pressure gas or petroleum lines. For high pressure gas and petroleum lines, see High Pressure Pipelines requirements listed below; d. not be closer than ten (10) feet from the edge of pavement. Exceptions may apply in rights of way of less than 60'. 4. Water Lines: All water lines must be a minimum 36- inches below the ditch flow line and cased. Waterlines shall be cased if crossing under the roadway. 5. Utilities in all new developments that have 60 feet or greater of right of way shall be installed within designated locations based upon the type of utility. The locations shall be as follows: (measured from back of right -of -way). Power — 0 -2 feet, nominally P Phone -2 -4 feet, nominally 3' Gas — 4-6 feet, nominally 5' Cable — 6 -8 feet, nominally 7' 6. Utilities with less than 60 feet right -of -way in all new developments shall install the utility in a similar manner as referenced in No. 3 above, however, the County Engineer or its designated representative will provide final approval of each utility location. 7. The length of any trench to be opened in advance of the pipe, conduit or ducts may not be longer than 400' if left open over night or unattended. 8. Crossings under a county road shall: a. be bored or jacked. ABSOLUTELY NO OPEN CUTS Wfi'HIN COUNTY ROAD PAVEMENT; b. be pressure grouted for the full length of the crossing if the annular space between pipe and casing and soil exceeds one (1) inch. Brazos County must be given 24 hours notice of pressure grouting operations and have the opportunity to have an inspector on site to observe pressure grouting operations; c. TxDOT Standard Specification Item 476 shall be followed for all boring, jacking, tunneling and joints. Vol _ /gf pg. /f2, _ 9. Bore Pits a. no pits shall remain open longer than 2 days; b. all pits shall have proper traffic control measures in place. See Traffic Control Plan listed above. c. pits shall NOT be located within ten (10) feet from the edge of pavement without prior approval from the County Engineer or his representative; d. when pits are to remain open for more than 8 hours, due diligence will be used in protecting the spoil pile to prevent drainage problems; e. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity; £ 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 limes ,cannot be accomplished by any other method and in this event all such equipment shall be of the rubber tire variety. Appropriate traffic control shall be provided meeting TMUTCD requirements. 13. In the event said construction and/or maintenance and/or repair requires Company to remove, cut or jeopardize any section of the road (asphalt, cement, road base, etc.), Company will be required to provide a performance bond or letter of credit securing necessary repairs. Said bond amount will be determined by the County Engineer. 14. The applicant shall submit a letter of "No Objection" from the Army Corps of Engineers for all designated wetlands and environmentally sensitive lands. E. Emergency work 1. In the event Company is required to perform emergency services, that requires excavation in a County Right of Way, and unable to notify the County Engineer prior to conducting emergency repairs, Company shall notify County Engineer within 24 hours of beginning construction/repairs. This will allow the County Engineer's Office an opportunity to inspect the site to ensure the integrity of the County Right of Way and traffic safety controls used. F Vol, 7 � F. Repairs to existing facilities 1. Maintenance and/or repair to existing cables, conduits, and/or pole lines which require disturbance of the soil, shall not be performed until plans describing such maintenance and/or repair have been approved by the County Engineer or its designated representative and a permit has been obtained. G. Relocation of utilities 1. When and if the County Engineer determines that it is necessary for the construction, repair, improvement, alteration or relocation of all or any portion of said road, any or all poles, wires, pipes, cables or other facilities and appurtenances authorized hereunder, shall be removed from said road, or reset or relocated thereon, as required by the County Engineer within a reasonable time as determined by the County Engineer and Utility Company, and at the expense of the Utility Company. H. High Pressure Pipelines 1. All utility Permits for high pressure pipelines (generally 60 PSI or greater), whether pertaining to controlled access or non - controlled access installations, should contain the following additional information in the description of the permit. - diameter -wall thickness - material specification - minimum yield strength - maximum operation pressure of the pipeline 2. With the exception of the maximum operation pressure of the pipeline, this information is to be supplied for both the carrier pipe and the casing. 3. Assurance must also be given that the installation material and design meet the minimum Federal Safety Standards for Liquid and Gas Pipe Lines. Assurance must be provided on company letterhead and signed by an authorized representative of the company. 4. Petroleum Pipelines: Depth Type of Pipeline (below deepest ditch erade) Special Reauirements 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, -ZKJ� Pg. / o� i S �j fi B �I I' ?� y lit ��aj bp�p�?gP %g� 6•BB s � aJ ¢ ¢ � 1A gg qq g gg o a z r Hit s�� A titan ! -a truN lb t i t -66 ti x pgb5-5at` €lt =1-4 1 gaj' p i34T y sE yjpp A y Hf .� ,ie J p Z C ',� �•mrws • • �ylnwz i � C .v. m I � 11 G1�6 -Psi > ° x — Imes ash tf+{IEA ¢ '� 7�2 w.w�w• {{��a�C�pbAg_lg�igg7S5'! � i5o .a 3 i �FF F �o .E "°`°° d F= �: 1 rqw O aGime • t ♦ LGlri�n p O _ — _ _ _ — _ — _ N O Alms }°Iwr° ~ Cl. C N O 4d OL V W i ba wv 5! ueu of �� n 3 8 � °. �� y . I all rr i? � N /F Ip� • J°IMt6 0 O it B€=Y Y89 N YA ��! 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Pq. - - -- - The State of Texas, County of BRAZOS We, the undersigned, as County Commissioners within and for Brazos County, and the Honorable Duane Peters, County Judge of Brazos County, constituting the entire Commissioners' Court of Brazos County, during a regular meeting of said Court have examined the foregoing report and have caused an order to be entered upon the Minutes of the Commissioners' Court of Brazos County approving said Report as presented and submitted as true and correct by Laura Taylor Davis, Treasurer of Brazos County, as provided for in the Revised Statutes of the State of Texas. (Texas Local Government Code, 1)4.026) Witness my hand this 3ru day of be r A.D. 2013 e Karen McQueen County Clerk, County of BRAZOS, State of Texas Examined and approved in open Commissioners' Court this 30 day of Lloyd assermann, Commissioner Precinct 41 Y Catal , Commissioner recinct #2 Treasurer's Report for the MONTH JULY 2013 O r, a .4 M ci li 1; ci rl . . . . . . . . . . . . . . pq T v TVAgo 49;1111,v 19 $4 I OUR — I I I - - - O r, a BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2012 -2013 BUDGET YEAR NO.12113 47.1-47.6 On this the 3rd day of September 2013 at a regular meeting of the Commissioners' Court, the following members were present: A. Duane Peters, County Judge, Presiding B. Lloyd Wassermann, Commissioncr, 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 3rd day of September 2013 the Court heard and approved a budget amendment for the 2012 -2013 budget year for Brazos County, Texas; and WHEREAS, expenditure is necessary due to the necessity to meet unusual and unforeseen conditions which could not be reasonably included in the original budget adopted 18 September 2012, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 3rd day of September 2013. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. By: Duane Peters, County Judge Original: County Clerk's Office and Attached to the original budget Copies: County Auditor County Treasurer County Budget Officer Commissioners' Court Minutes Fvc),--- ��5� pg —z—x funds to BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12113 - 47.1 Vol. �J`� Pg. lig and BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12113 - 47.2 FY 2013. E2?�_ pg ----� BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12113 - 47.3 9/3/2013 1111 11 11 1 1 lil -m • :111 FV0, - /.S' pq.__ /9i at law #1 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12113 - 47.4 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12113 - 47.5 E BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12/13 - 47.6 9/3/2013 VnI _ �J p9•___ _9� -mil PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: September 03, 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 Facilities Services Alderete, Elizabeth Step Increase Harris, Harold Termination Martinez, Johnny Step Increase Juvenile S.O. Admin Alba, Casey Brooks, Willis Quinones- Rivera, Ariel Storemski, Jonathan Roessler, Caroline S.O. Jail Allen, Donna Blevins, Josie Collins, Shantell Counts, Miguel Daugherty, Ashley Good, Rebekah Hallford, Jaylon House, Garrett Jochec,Lynnette Lovelady, Patricia McRae, Jacob Nachtsheim, Kimberly Salazar, James Smith III, Conrad Spittler, David State Stipend Resignation Step Increase State Stipend New Hire New Hire Step Increase Step Increase Step Increase Step Increase Step Increase New Hire Step Increase Step increase Step Increase Step Increase Step Increase Step Increase Step Increase Step Increase FVOI/8�S' Pg. /9 Stubblefield, Nicholas Sweatt, Robert Williams, Keith Approved in Commissioners' Court: Se temb 03 County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) Step Increase Step Increase Step Increase Vol. fj— Pm / _ --