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HomeMy WebLinkAbout2013-10-22-10:00AM-REGULARi I BRAZOSCOUNTY BRYAN,TEXAS NOTICE OF MEETING AND AGENDA __i� _ , " j 22 BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON OCTOBER 22, 2013 AT 10:00 AM IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVE., SUITE 106, BRYAN, TX 77803 Invocation and Pledge of Allegiance - U.S. and Texas Flag - Chaplain G.H. Jones and Commissioner Mallard. 2. Call for Citizen input and/or concerns. Consider and take action on agenda items 3 - 29: 3, Resolution 13 -021 providing for the public sale of property acquired by the County of Brazos from delinquent taxes. 4. Approval of the Reliastar Stop Loss Application effective November 1. 2013. 5. Approval of Job Description for Clerk Temp (Class Code 2355 Position 2) in the Tax Office. M • a. Decrease Chief Deputv, Class Code 1403 Position 1, Group 33 Step 5 to Group 33 Step 2. Pa Code 025 • b Decrease Deputy Sheriff - Patrol Class Code 1415 Position 11 Group 21 Step 4 to Grouo 21 Step 3, Pay Code 026 • c Decrease Investigator - SO Class Code 1423 Position 5. Group 25 Step 4 to Group 25 Step 2, Pay Code 026 • d Decrease Deputy Sheriff Recruiting Class Code 1421 Position 1 Group 23 Step 6 to Group 23 Step 5, Pay Code 026 • e Decrease Investigator - SO Class Code 1423 Position 7 Group 25 Step 6 to Group 25 Step 5 197 Pay Code 026 • f Increase Telecommunications Officer, Class Code 1444 Position 2, Group 14 Step 4 to Group 14 Step 5, Pay Code 014 • g. Increase Telecommunications Officer Class Code 1444 Position 3, Group 14 Step 5 to Group 14 Step 6, Pay Code 014 • h. Increase Telecommunications Officer Class Code 1444 Position 4 Group 14 Step 4 to Group 14 Step 5, Pay Code 014 • L Increase Telecommunications Officer Class Code 1444 Position 6, Group 14 Step 4 to Group 14 Step 5, Pay Code 014 • f Increase Investigator - SO Class Code 1423 Position 1, Group 25 Step 8 to Group 25 Step 9, Pay Code 026 • k Increase DeputV Sheriff - Patrol Class Code 1415 Position 12 Group 21 Step 11 to Group 21 Step 12, Pay Code 026 • 1. Increase Clerk I - Evidence, Class Code 1435 Position 5, Group 10 Step 6 to Group 10 Step 7, Pay Code 014 • m. Increase Admin Secretary - SO, Class Code 1405 Position 1, Group 18 Step 4 to Group 18 Step 9 Pay Code 014 7. Payment Authorization to LexisNexis in the amount of $302.65 for monthly payment for Collection searches for defendants; a purchase order was not obtained in advance. 8. Payment Authorization to Germer PLLC in the amount of $100.46 for general employment attorney fees; a purchase order was not obtained in advance. 9, Payment Authorization to Green Team Inc. In the amount of $2,840.00 by for Landscape Maintenance; a purchase order was not obtained in advance. 10. Payment Authorization to American Elevator Inspections in the amount of $320.00 for the Annual Hydraulic Elevator Inspections• a purchase order was not obtained in advance. 11, Reguest approval of the modifications to the FY 2014 Capital Improvement Reguests that specify vehicles to be replaced for Courts consideration. 12, Interlocal Agreement between the City of Bryan, Brazos County and the City of Bryan and Brazos County Economic Development Foundation, Inc. for FY 2009. 13. Renewal of contract with Brenco Marketing for the purchase of fuel for Brazos County. 14, Discuss and take possible action on Residential Services Contract for Juveniles with Rite of Passage, INC. 15. Award and approval of contract and requisition for RFP # 2013 -86 Grant Administrator to Grant Works. 16. Reguest from Road and Bridge Department for approval for continued participation in the Annual Municipality Trade -In Program Agreement between Clark Equipment Company and Brazos County. See attached trade -in agreement. 17, Award of bid contract # 2013 -63 Roadside Vegetation Management to Roadside Inc. 18. Permission to Advertise the following bids: • a. 2014 -01 Seal Coat • b. 2014 -05 Lane Striping and Pavement Markers 19. Requisition #00044895 to Perry Office Plus in the amount of $768.51 to purchase toner using JP 2.2 Technoloav Funds, 20 21. Requisition #00044924 to DLT Solutions in the amount of $10.430.78 to purchase Auto CAD Software for Road & Bridge Department. L�- 22. 23. 24. Tax Refund Applications for the following: o a Glenn Alan Wade - overpayment- $316.36 25. Budget Amendments. a Budget Amendments FY 12/13 53.1 thru 53.3 b Budget Amendments FY 13/14 3.1 thru 3.15 26. Approval of regulsition #00044927 to Dallas Dodge in the amount of $259,795.00 to purchase 11 law enforcement vehicles. 27. Manual capital reguisition to Cellebrite in the amount of $10,084.00 for a UFED Touch forensic solution for Sheriff's Department. 28. Personnel Change of Status. Personnel Action Forms 29. Payment of Claims. 30. Sheriff's report on inmate population. 31. Announcement of interest items and possible future agenda topics. 32. Call for Citizen input and /or concerns. 33. Adjourn. Ivol. __ /p_`f Pc 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 condud 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 gender slurs or epithets will not be tolerated. Violation of these rules may result in the following sanctions: 1. cancellation of a speaker's time; 2. removal from the Commissioners Court; 3. a Contempt Citation; and/or 4. such other and/or criminal sanctions as may be authorized under the Constitution, Statutes and Codes of the State of Texas. The County Commissioners Court can deliberate or take action only if a matter has been listed on an agenda properly posted prior to the meeting. During the public comment period, speakers may address matters not listed on the published agenda. The Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court. However, responses from the County Judge or Commissioners to unlisted public comment topics could become deliberation on a matter Without notice to the public. To ensure the public has notice of all matters the Commissioners Court will consider, the County Judge and/or Commissioners may choose not to respond to public comments, except to correct factual inaccuracies, recite existing policy in response to an inquiry or to ask that a matter be listed on a future agenda. See Texas Open Meetings Act ? 551.042. INVOCATION Any invocation that may be offered before the official start of the Court meeting shall be to and for the benefit of the Court. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Court and do not necessarily represent the religious beliefs or views of the Court in part or as a whole. No member of the community is required to attend or participate in the invocation and such decision will have no impact on their right to actively participate in the business of the Court. The Commissioners Courtroom of the County Administration Building, 200 South Texas Ave., Suite 106, Bryan, TX 77803 is wheelchair accesslble. 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, - /&f% Pq, r BRAZOS COUNTY BRYANJEXAS MINUTES October 22, 2013 BRAZOS COUNTY COMMISSIONERS COURT REGULAR MEETING 0 Sionature Page 10- 22.pdf 10 File Stamped Aaenda.pdf As Sign 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, October 22, 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 Mallard. 2. Call for Citizen input and /or concerns. There was no citizen's input. Consider and take action on agenda Items 3 - 29: 3. Resolution 13 -021 providing for the public sale of property acquired by the County of Brazos from delinquent taxes. Et Item 3.od f The Court approved as submitted Resolution 13 -021 providing for the public sale of property acquired by Brazos County through delinquent taxes. A copy is attached. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard, Peters, Wassermann . 4. Approval of the Reliastar Stop Loss Application effective November 1, 2013. Et Item 4.odf Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by County Judge Duane Peters. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard , Peters , Wassermann. 5. Approval of Job Description for Clerk, Temp (Class Code 2355 Position 2) in the Tax Office. Et Item 5.odf Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard, Peters, Wassermann. 6. Request approval from the Sheriff Office Administration for the following reclassifications effective October 26, 2013. This will increase the Sheriff Office Administration budget for the remaining of FY 14 in the amount of $85.00. Et Item 6. f • a. Decrease Chief Deputy, Class Code 1403 Position 1, Group 33 Step 5 to Group 33 Step 2, Pay Code 025 • b. Decrease Deputy Sheriff - Patrol, Class Code 1415 Position 11, Group 21 Step 4 to Group 21 Step 3, Pay Code 026 • c. Decrease Investigator - SO, Class Code 1423 Position 5, Group 25 Step 4 to Group 25 Step 2, Pay Code 026 • d. Decrease Deputy Sheriff - Recruiting, Class Code 1421 Position 1, Group 23 Step 6 to Group 23 Step 5, Pay Code 026 • e. Decrease Investigator - SO, Class Code 1423 Position 7, Group 25 Step 6 to Group 25 Step 5, Pay Code 026 • f. Increase Telecommunications Officer, Class Code 1444 Position 2, Group 14 Step 4 to Group 14 Step 5, Pay Code 014 • g. Increase Telecommunications Officer, Class Code 1444 Position 3, Group 14 Step 5 to Group 14 Step 6, Pay Code 014 • h. Increase Telecommunications Officer, Class Code 1444 Position 4, Group 14 Step 4 to Group 14 Step 5, Pay Code 014 • i. Increase Telecommunications Officer, Class Code 1444 Position 6, Group 14 Step 4 to Group 14 Step 5, Pay Code 014 . j. Increase Investigator - SO, Class Code 1423 Position 1, Group 25 Step 8 to Group 25 Step 9, Pay Code 026 . k. Increase Deputy Sheriff - Patrol, Class Code 1415 Position 12, Group 21 Step 11 to Group 21 Step 12, Pay Code 026 . I. Increase Clerk I - Evidence, Class Code 1435 Position 5, Group 10 Step 6 to Group 10 Step 7, Pay Code 014 . m. Increase Admin Secretary - SO, Class Code 1405 Position 1, Group 18 Step 4 to Group 18 Step 9, Pay Code 014 Vol. 0 Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Lloyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters , Wassermann . 7. Payment Authorization to LexisNexis in the amount of $302.65 for monthly payment for Collection searches for defendants; a purchase order was not obtained in advance. 10 Item 7.Dd f Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann. 8. Payment Authorization to Germer PLLC in the amount of $100.46 for general employment attorney fees; a purchase order was not obtained in advance. 0 Item 8. f Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters, Wassermann . 9. Payment Authorization to Green Team Inc. in the amount of $2,840.00 by for Landscape Maintenance; a purchase order was not obtained in advance. b Item 9.pdf Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters, Wassermann. 10. Payment Authorization to American Elevator Inspections in the amount of $320.00 for the Annual Hydraulic Elevator Inspections; a purchase order was not obtained in advance. 0 Item 10.pdf Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters, Wassermann. 11. Request approval of the modifications to the FY 2014 Capital Improvement Requests that specify vehicles to be replaced for Courts consideration. W Item 11.pdf Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . 12. Interlocal Agreement between the City of Bryan, Brazos County and the City of Bryan and Brazos County Economic Development Foundation, Inc. for FY 2009. It Item 12.odf The Court approved as submitted an Interlocal Agreement between the City of Bryan, Texas, Brazos County, Texas and the City of Bryan and Brazos County Economic Development Foundation, Inc. for administration of a program for local economic development. A copy is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . 13. Renewal of contract with Brenco Marketing for the purchase of fuel for Brazos County. IVol. 8 .— Pg. 0 Item t f Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters, Wassermann . 14. Discuss and take possible action on Residential Services Contract for Juveniles with Rite of Passage, INC. 19 Item 14.odf The Court approved a contract for residential services between Rite of Passage, Inc. and the Brazos County Juvenile Probation Department for residential care of juvenile offenders. The term of the contract is from August 1, 2013 through July 31, 2014. The cost to Brazos County is as follows: $138.25 per day /per child. Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters, Wassermann. 15. Award and approval of contract and requisition for RFP # 2013 -86 Grant Administrator to Grant Works. >J Item 15.odF A copy of the tabulation sheet is attached. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters, Wassermann . 16. Request from Road and Bridge Department for approval for continued participation in the Annual Municipality Trade -In Program Agreement between Clark Equipment Company and Brazos County. See attached trade -in agreement. 10 Item 16.odf The Court approved the continued participation in the annual municipality trade -in program agreement between Clark Equipment Company and Brazos County for the trade in on Bobcat Skid Steer Loaders, Bobcast Compact Track Loaders, and Bobcat Mini Excavators. A copy 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 . 17. Award of bid contract # 2013 -63 Roadside Vegetation Management to Roadside, Inc. 19 Item 17. pd Commissioner Catalena stressed that Roadside, Inc. needed to check with each commissioner before spraying in their precinct. There are some areas that we do not want sprayed. A copy of the bid tabulation sheet 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 . 18. Permission to Advertise the following bids: 0 Item 18.01 Vol. _ / e 7 Pg. 3 • a. 2014 -01 Seal Coat • b. 2014 -05 Lane Striping and Pavement Markers Motion: Approve, Moved by Commissioner Lloyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . 19. Requisition #00044895 to Perry Office Plus in the amount of $768.51 to purchase toner using JP 2.2 Technology Funds. 10 Item 19.odf Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Lloyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters, Wassermann . 20. Requisition #00044924 to DLT Solutions in the amount of $10,430.78 to purchase Auto CAD Software for Road &amp; Bridge Department. 0 Item 20.odf Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . 21. Consider and take action on acceptance of the roads (portion of Saddle Creek Drive, Stetson Drive, Ranch House Road, Bunkhouse Drive and Ranch House Court) and associated roadway drainage structures of Saddle Creek Subdivision Phase 7B into the Brazos County road maintenance system. Site is located in Precinct 1. :' Item 21.odf Motion: Approve , Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters , Wassermann . 22. Request permission to enter private property owned by Thomas and Nancy Baber located on Straub Road. Project will clean and remove silt and /or brush from drainage channel. Rip -rap material will be placed in and along channel to control erosion. This work is being performed for the health, safety and welfare of the general public. Site is located in Precinct 1. PJ Item 22,Dd f Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters, Wassermann . 23. Consider and take action on the Replat of Lot 9 and Lots 23 -24 Green Branch Ridge Subdivision Phase Three (recorded in BC Official Records Volume 11068, Page 269), 5.98 Acres, Richardson Perry Survey, A -44, Brazos County, Texas. Site is located in Precinct 2. W Item 23.odf Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . 24. Tax Refund Applications for the following: Vol. _ Pg. 191 Item 24.odf • a. Glenn Alan Wade- overpayment - $316.36 Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann. 25. Budget Amendments. SJ Item 25.odf a. Budget Amendments FY 12/13 53.1 thru 53.3 53.1 Transfer funds from General fund Contingency to Expo 53.2 Reallocate funds for Sheriff - Administration 53.3 Reallocate funds for Non - Departmental b. Budget Amendments FY 13/14 3.1 thru 3.15 3.1 Transfer funds from Non Departmental to Expo 3.2 Reallocate funds for County Clerk Archival Fund 3.3 Reallocate funds for Information Technology 3.4 Transfer funds from Non - Departmental to TJJD -State Aid 3.5 Transfer funds from General Fund Contingency to Expo 3.6 Transfer funds from General Fund Contingency to County Clerk Elections Services 3.7 Reallocate funds for COPS Technoogy Grant 3.8 Reallocate funds for Capital Improvement Projects for Constable, Pct. 1 3.9 Reallocate funds for Capital Improvement Projects for Constable, Pct. 2 3.10 Reallocate funds for Capital Improvement Projects for Constable, Pct. 4 3.11 Reallocate funds for Capital Improvement Projects for Sheriff 3.12 Reallocate funds for Capital Improvement Projects for County Attorney 3.13 Reallocate funds for Capital Improvement Projects for the Jail 3.14 Reallocate funds for Capital Improvement Projects for Road & Bridge 3.15 Reallocate funds for Capital Improvement Projects for Constable, Pct. 3 Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters, Wassermann . 26. Approval of requisition #00044927 to Dallas Dodge in the amount of $259,795.00 to purchase 11 law enforcement vehicles. kb Item 26.odf Charles Wendt, Purchasing Agent recommended splitting the purchase of vehicles between two Dealerships to save Brazos County money. Commissioner Cauley's motion included purchasing the V8 vehicles from HLK Auto Group and the V6 vehicles from Dallas Dodge. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard, Peters, Wassermann . 27. Manual capital requisition to Cellebrite in the amount of $10,084.00 for a UFED Touch I t_ forensic solution for Sheriff's Department. 0 Item 27.odf Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard , Peters, Wassermann. 28. Personnel Change of Status. Personnel Action Forms ED Item 28.0 A copy of the personnel Change of Status Requests 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. 29. Payment of Claims. 0 Claims Sheet.odf kP BILL LIST 10.22.13.odf 7114839 through 7115435 Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard, Peters, Wassermann . 30. Sheriff's report on inmate population. Sheriff Chris Kirk stated there were 607 inmates in jail, 46 have electronic monitors and 5 are pending for monitors. 31. Announcement of interest items and possible future agenda topics. Commissioner Mallard commented on a meeting he attended at the Research Valley Innovation Center saying that the State is giving a large sum of money for economic development. 32. Call for Citizen input and/or concerns. 33. Adjourn. Vol. -- 8 % pg. /I `! The foregoing minutes of the Commissioners Court meeting held October 22, 2013 have been examined and are approved in open Court this 544- day of Q b 2013, in Bryan, Brazos County, Texas. Duane Peters Lloyd Wassermann County Judge Commissioner, Precinct 1 Sammy C*ena Commissioner, Precinct 2 Commissioner, Attest: Kenny Mall Commissioner, Precinct 3 Ka4m //I(- QsA� Karen McQueen �_'I,- County Clerk �. 'Qw- ' a"''" Vol / F9 Page / BRAZOS COUNTY COMMISSIONERS COURT ao /3 Meeting on @ i Organization Department PAGE / of 7/ FV0, p9'7 BRAZOSS��pCOUNTY COMMISSIONERS COURT Meeting on ! SUC 2* (° OI(CO Name Organization / Department PAGE 2 of 2 / 017% /`/ 3 RESOLUTION PROVIDING FOR THE PUBLIC SALE OF PROPERTY ACQUIRED BY THE COUNTY OF BRAZOS FROM DELINQUENT TAXES WHEREAS, the following properties in Brazos County were offered for sale by the Sheriff of Brazos County, Texas at a public auction pursuant to a judgment of foreclosure for delinquent taxes by the District Court; and WHEREAS, those parcels of land did not receive a sufficient bid as set by law and were struck off to the County of Brazos, for the use and benefit of itself and the taxing units for which it collects property taxes, pursuant to TER. PROP. TAX CODE § 34.010); and WHEREAS, TEX. PROP. TAX CODE § 34.05 (c) and (d) provide that we may request that the Sheriff sell the property at a public sale for any sufficient bid. Cause No. 07- 003294 -CV -272 Lot 12, Mary Keatts Subdivision, City of Bryan, Brazos County, Texas being that Account No. 000000030434 property more particularly described in Volume 9974, Page 271 of the Official Public Records, Brazos County, Texas; Original Sale Date December 7, 2010 Cause No. 08- 001815 -CV -272 Lot 6 and 7, Block 8, Lopez, City of Bryan, Brazos County, Texas being that Account No. 000000031741 property more particularly described in Volume 9974, Page 277 of the Official Public Records, Brazos County, Texas; Original Sale Date December 7, 2010 Cause No. 08- 002550 -CV -272 Lot 6, and the East 1/2 of Lot 5, Block 1, Austin Addition, City of Bryan, Brazos Account No. 000000089906 County, Texas being that property more particularly described in Volume 9974, Page 283 of the Official Public Records, Brazos County, Texas; Original Sale Date December 7, 2010 Cause No. 09 -000125 -CV -361 Replat of Lot 5 and Part of the Alley, Block 202, City of Bryan, Brazos County, Account No. 000000023035 Texas being that property more particularly described in Volume 9974, Page 286 of the Official Public Records, Brazos County, Texas; Original Sale Date December 7, 2010 Cause No. 09- 002436 -CV -85 Lot 8, Block 3, Candy Hill Addition to the City of Bryan, Brazos County, Texas Account No. 000000020855 being that property more particularly described in Volume 11233, Page 164 of the Official Public Records, Brazos County, Texas; Original Sale Date March 5, 2013 Cause No. 12- 000438 -CV -272 0.866 acre, Abstract 701, Crawford Burnett (ICL) Survey, Tract 108. 1, City of Account No. 000000010478 College Station, Brazos County, Texas being that property more particularly described in Volume 11110, Page 245 of the Official Public Records, Brazos County, Texas; Original Sale Date December 4, 2012 VOL THEREFORE, BE IT HEREBV RESOLVED by the Commissioner's Court of the County of Brazos, Texas that the County of Brazos, Texas hereby directs the Sheriff of Brazos County, Texas to conduct a sale on the first Tuesday in December, 2013 in the manner prescribed by the Texas Rules of Civil Procedure and TEX. PROP. TAX CODE §34.05 (c) and (d). PASSED, APPROVED AND ADOPTED this the � day of October, 2013. County Judge - Duane Peters Mallard .ounry-wra — 0 y, �6 ti!,7 j'.y>n di �lii f t �Iq �� a «III '. EXCESS RISK APPLICATION it u, ReliaStar Life Insurance Company ( "ReliaStar Life ") Home Office: Minneapolis, Minnesota 55440 Plan Sponsor hereby applies for the Excess Risk Policy. PLAN INFORMATION Name of Plan Sponsor (exact legal name) Brazos County Address (number and street) 300 e. 26th street City Bryan State TX F1 Corporation [I Partnership ❑Sole Proprietorship GQ Other (Specify) Public group Nature of Plan Sponsor's Business Are subsidiaries, affiliates or other associated entities to be included? if 'Yes," give Names. Yes 66 No Zip 77903 SIC Code 9110 Relationship to Plan Sponsor Please provide the number of individuals covered as noted below: Eligible Individuals Covered Persons Only Covered Persons with Dependents Enrolled Individuals 641 Covered Persons Only 536 Covered Persons with Dependents 305 Individuals Covered Elsewhere Covered Persons Only Covered Persons with Dependents The initial Contract Period is from November 1, 2013 through October 31, 2014 CLAIM ADMINISTRATOR INFORMATION (Claim Administrator for coverages checked below for the Employee Benefit Plan) Name of Claim Administrator' (exact legal name of entity) BCBS of Texas Address (number and street) Po Box 660044 City Dallas state TX Zip 75266 -0044 YrainnAdmOistrator must he approved 0y Rehastar life prior to acceptance or this Application may,. sasctsage�+�esasu.:miueuorn cmnaas�.. INDIVIDUAL EXCESS RISK Individual Excess Risk: ® Yes ❑ No Benefits To Be Covered: 2IMedicai ( Z Other (Please specify) Prescription Drugs Initial Coverage Period: incurred and Paid in 12 months ❑ Incurred in 12 months and Paid in 15 months ❑ Incurred in 15 months and Paid in 12 months ❑ Incurred in months and Paid in months Paid in 12 months mother: ?aid in 12 monthe and incurred 08/01/2008 or after Individual Excess Risk Deductible f 75, 000 Individuals subject to the individual Adjusted Deductible as identified in the disclosure process none per individual Claims for Individuals subject to the Individual Adjusted Deductible that exceed the Individual Excess Risk Deductible amount are excluded under any Aggregate Excess Risk Insurance, Benefit Percentage loo RL -SL -APP -2013 Page 1 of 2 - Incomplete without all pages. Order 8160042 12/04/2012 Hg.7 i II INDIVIDUAL EXCESS RISK (Continued) Maximum Individual Benefit: Individual Excess Risk Lifetime Maximum: $ Unlimited other S Optional Endorsements: ❑ Individual Terminal Liability: ❑ 3 months ❑ 6 months ❑ Individual Advanced Funding ❑ Individual Gapless Renewal (Only available for 12/15 or 12/18) Individual Excess Risk Annual Maximum: S 2, 000, COD IZAggregating Individual Deductible: $ 60, 000 (Individual Excess Risk must be elected) JA Plan Mirroring Coordination ❑ Renewal Rate Cap ❑ Other: aIM841b�lICLYYCQYK .YLYlII:,;mYS'll` l4P�J11 AGGREGATE EXCESS RISK Aggregate Excess Risk: 0 Yes ❑ No Benefits To Be Covered: VI Medical []Vision 66 Prescription Drugs ❑ Dental ❑ Other (Specify) Initial Coverage Period: ❑ Incurred and Paid in 12 months ❑ Incurred in 15 months and Paid in 12 months ❑ Paid in 12 months Other: Paid in 12 months and incurred 08/01/2008 or after Aggregate Adjustment Corridor 125 Minimum Annual Aggregate Deductible: See Excess Risk Schedule ReliaStar Life's Limit of Liability: $ 1, 000, 000.00 Optional Endorsements: Plan Mirroring Coordination o� ❑ Incurred in 12 months and Paid in 15 months ❑ Incurred in months and Paid in Coverage Period [:]Aggregate Terminal Liability ❑ 3 months ❑ 6 months (Individual Terminal Liability must also be elected) months Are retirees covered? [6Yes ❑ No Are retirees age 65 and over covered? IZ Yes ❑No , svws.., mr® .ewwnvweuwawwrw.®w..w.wus..mmn, war, �uwmaeusowuvun ,..a,s�avwwva<wn.aawmuu.= Attached to and incorporated in this Application is a copy of the Employee Benefit Plan that relates to the Excess Risk Policy being applied for. The Producer /Agent of Record (provided he /she is duly licensed as required by law) is: stop hoes Insurance Services, Inc This insurance Is to be effective on November 1, 2013 at 12:01 a.m. Standard Time at the Plan Sponsor's place of business, provided that the first premium is paid in full and that the Disclosure Agreement and this Application are accepted by ReliaStar Life. An advance deposit of $ n/a is attached. (The deposit is to equal the first premium,)The deposit will be applied toward payment of the premiums on the insurance requested if the application is accepted by ReliaStar Life. If not accepted, the deposit will be refunded to the Plan Sponsor Applicant. eau �nursttexu arays ACKNOWLEDGEMENT & SIGNATURES By signing this Application below and the Disclosure Agreement, the Plan Sponsor Applicant represents that all statements, answers and information made above in this application and in the Disclosure Agreement are complete and true to the best of its knowledge and belief. Plan Sponsor Applicant further acknowledges and agrees (i) that such statements, answers and information in this Application and in the Disclosure Agreement, together with a copy of the Employee Benefit Plan and other information attached to this application or furnished to ReliaStar Life, are submitted by the Plan Sponsor Applicant as an inducement to, and will be relied upon, ReliaStar Life, in underwriting this risk and determining whether to accept this application and issue the Excess Risk Policy being applied for; (ii) if such statements, answers and information is/are incomplete or untrue, and such incompleteness or falsity is material to the risk to be insured by ReliaStar Life, any policy issued by ReliaStar Life may be rescinded and/or any benefits that might otherwise be payable thereunder may be denied; and (iii) the Plan Sponsor Applicant has fully read and understands this completed Application and the Disclosure Agreement. Plan Sponsor Applicant Brazos county of Title Page 2 0 2 - Incomplete wil Pg. If -- I Date Signed Order dl ff rC � M BV, ar' Class Number. Pay Group: Brazos County Job Description Last Updated: September 2012 2355 1 Title: (yam Clerk, Temp-Tax Olce Tax Assessor/ Collector Template Revision 1.2 =152012 FLSA Status: Non Exempt Reports To Tax Assessor/ Collector __. . _._..._._ _.._1 ..__..._.._. .. ...._...._ __._........_.. Approved Date: ' 10/01/2013 EEOC Category: Office and Clerical Position End Temporary Date: 09!30/2014 I Employee Signature: I...._ _.— .._...... .__ -- .. _ _._._. 1 General Summary . _ Performs a variety of Uerieal and cashier duties ror the TaxlASSessor ColectoYS Office. NOTE: All Tax Office Employees report to the Tax Assessor /Collector through the Chief Deputy. Please refer to Tax umos urgamzauonal unit Assists the public in person, by telephone, and by mall concerning department information, researching records, filling out forms, and resolving relevant problems; Performs general clerical duties as required, including filing, scanning, indexing, recording information, and making copies. Property Tax Clerk Receives and processes property tax payments In person, and through mail. Assists taxpayers with questions and general information on payment of taxes, homestead eligibility, trustlpayment agreements and processes requests for tax certfcates. Must assist with refundloverpayment documentation. Assists with beer and liquor license renewals by verifying tax information. Assists bookkeeping department with cash balancing duties. Balances cash drawer with work on a daily basis. Assists Supervisors with balancing and reporting duties for various taxing Jurisdictions. Must maintain a current knowledge of Texas Property Tax Code. Motor Vehicle Clerk Processes vehicle registration applications, including receiving payments and Issuing stickerinecelpts. Processes vehicle title transfers. Including assisting customers with required documentation and examination of title paperwork for accuracy and completion. Processes various permit applications, Assists with processing beer and liquor license renewals, including receiving payments and issuing receipts. Assists bookkeeping department with cash balancing duties. Must maintain current knowledge of Texas Transportation Code as it affects registration and We processes. Voter Registration Clerk Processes voter registration applications, including reviewing applications, entering valid applicants in computer, printing and mailing voter certificates and notices of incomplete applications and suspense notifications. Provides voter registration applications and information to public. Updates voter Information Including name and address changes, deletion of voters no longer eligible, and processes and tracks convicted felons for voting and jury wheel purposes. Works to provide the most accurate information for election processes in Brazos County. Deputizes volunteer deputy voter registrars and tracks and documents assigned inventory. Assists with the switchboard and with processing county mail. Must maintain current knowledge of the Texas Election Code as It affects Voter Registration processes. _-.... � ......... ....imiis--_"_.-- ---__— _....__. a non - supervisory Dcehion. Required: High school i provides the skips, and J Preferred: Typical: The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations maybe made to enable Individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is regularly required to sit; use hands to finger, handle, or feel; reach with hands and arms; bend and kneel; and talk and hear. The employee frequently is required to stand and walk. The employee must frequently lift and/or move objects weighing up to 20 pounds, such as books and stacks of records. Specific vision abllltie; required by this job Include close vision, distance vision, and ability to adjust focus. Knowledge, skills, 6 Abilities Standard office practices and procedures, including handling cash and making change. Operate computers and standard office equipment; read and understand manuals, journals, policies and procedures, and office memos; write forth letters, memos, and accurate telephone messages; perform basic mathematical calculations, including making change; communicate effectively, loth orally and in writing; and maintain effective working relationships with co-workers and the general public. The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations maybe made to enable Individuals with disabilities to perform the essential functions. The noise level in the work environment is usually moderate. The employee is constantly required to work closely with others as a pan of a team; to perform tedious, exacting work, and to switch from one task to another. The employee is frequently raq uired to perform multiple tasks simultaneously, and to work under time pressures to meet deadlines. D Z7Iv Duane Peters bate County Judge / Sy a � STATE OF TEXAS COUNTY OF BRAZOS § I4 INTERLOCAL AGREEMENT BETWEEN CITY OF BRYAN, TEXAS BRAZOS COUNTY, TEXAS; AND CITY OF BRYAN AND BRAZOS COUNTY ECONOMIC DEVELOPMENT FOUNDATION, INC. THIS fTERLOCAL AGREEMENT is entered into by and between the City of Bryan ( "City "), a Texas home -rule municipal corporation, Brazos County ("County"), a political subdivision of the State of Texas, and the City of Bryan and Brazos County Economic Development Foundation, Inc. ( "BBCEDF "), a Texas Transportation Code local government corporation ( "Agreement "), and is effective for all purposes as of October 1, 2008 ( "Effective Date "). WHEREAS, the respective participating governments (the "Parties ") are authorized by the Interlocal Cooperation Act, LOC. GOV'T CODE ANN. §791, to enter into an agreement for to administer a program for local economic development; and WHEREAS, in 2009, the City coordinated with the County with regards to the creation of the BBCEDF for the purpose of promoting the development of an industrial park in an unincorporated area of Brazos County, just outside the city limits; and WHEREAS, the City and the County have shared equally in the responsibilities associated with the formation, operation, and funding of the BBCEDF; and WHEREAS, the BBCEDF entered into several contracts for the purchase of real estate that will be developed, marketed, and governed as the Texas Triangle Industrial Park and Inland Port ( "Park "); and WHEREAS, the County wishes to contract with BBCEDF as its agent pursuant to TEX. LOC. GOV'T CODE ANN. §381.004 to administer the County's program for local economic development in the Park; and WHEREAS, the City wishes to contract with BBCEDF as its agent pursuant to TEX. LOC. GOV'T CODE ANN. §380.001 to administer the City's program for local economic development in the Park; and WHEREAS, the BBCEDF has contracted with various vendors to provide services related to the development, marketing, and sale of the land in the Park, and has incurred other operational expenses set forth in its annual budget; and WHEREAS, the City and the County have determined that it is in the best interests of their citizens that the BBCEDF be supported in the development of Park because the economic impact of new jobs, increased property value, and additional utility revenue will benefit the local economy; and NOW THEREFORE, in consideration of the mutual covenants and agreements herein contained, the Parties agree as follows: A. Annual Budget 1. BBCEDF adopts an annual budget showing reasonably anticipated revenue and expenses for each year. The annual budget is subdivided into an operational component and a real property purchase component. 2. Once a budget has been approved by the BBCEDF Board of directors it will be submitted to the Brazos County Commissioner's Court and the Bryan City Council for review and approval. The City and County agree to make an annual lump sum payment sufficient to cover respective portions of the annual budget within thirty (30) days following approval of the budget by both governing bodies. Each governmental entity's obligation to make a payment is conditional upon the approval of the budget by the governing body of each governmental entity. B. Operational Costs 3. The BBCEDF budget will include the operational costs associated with the maintenance, development, and marketing of the Park. The operational budget may be offset by any grants, gifts, interest income, or other unencumbered revenue received by the BBCEDF. 4. The City will be required to pay up to fifty percent (50 %) of the operational costs of the BBCEDF, and the County will required to pay up to fifty percent (50 9/6) of those operational costs. C. Real Property Purchase Costs 5. The BBCEDF budget will include costs associated with the purchase of the real property that constitutes Phase I of the Park, also known as the Wheeler tract. Those costs are to be subdivided between the City and the County, as previously agreed, with the County paying a higher percentage of the annual cost in order to compensate for expenditures by the City for infrastructure improvements being made by the City. D. Total Annual Contribution for Current Fiscal Year 6. The BBCEDF shall receive the following sums: a. The City shall contribute $26,926.00 to the BBCEDF this fiscal year. b. The County shall contribute $37,696.35 to the BBCEDF this fiscal year. E. Miscellaneous 7. Annual Approval. The obligations of the City and the County under this Agreement are subject to annual approval by the governing bodies of each entity. 8. Term. This Agreement shall continue in force for one (1) year from the Effective Date, or until the real property constituting the Park has been sold or transferred to another entity, the debts and obligations of the BBCEDF have been paid, and the BBCEDF dissolves pursuant to its governing documents and state law, whichever occurs first. 9. Severability. If any provision of this Agreement is held to be illegal, invalid or unenforceable under present or future laws effective while this Agreement is in effect, such provision shall be automatically deleted from this Agreement and the legality, validity and enforceability of the remaining provisions of this Agreement shall not be affected thereby, and in lieu of such deleted provision, there shall be added as part of this Agreement a provision that is legal, valid and enforceable and that is as similar as possible in terms and substance as possible to the deleted provision. 10. Texas law to apply. This Agreement shall be construed under and in accordance with the laws of the State of Texas and the obligations of the parties created hereunder are performable by the parties in the City of Bryan, Texas. Venue for any litigation arising under this Agreement shall be in a court of appropriate jurisdiction in Brazos County, Texas. 11. Sole Agrreement. This Agreement constitutes the sole and only Agreement of the Parties hereto respecting the subject matter covered by this Agreement, and supersedes any prior understandings or written or oral agreements between the parties. 12. Amendments. No amendment, modification or alteration of the terms hereof shall be binding unless the same shall be in writing and dated subsequent to the date hereof and duly executed by the parties hereto. 13. Ri& is and Remedies Cumulative. The rights and remedies provided by this Agreement are cumulative and the use of any one right or remedy by either party shall not preclude or waive its right to use any and all other legal remedies. Said rights and remedies are provided in addition to any other rights the parties may have by law, statute, ordinance or otherwise. 14. Incorporation of Recitals. The determinations recited and declared in the preambles to this Agreement are hereby incorporated herein as part of this Agreement. 15. Interpretation. The parties acknowledge that each has had the assistance of counsel in the review of this agreement, no one party is to be deemed the author of the agreement, and ambiguities shall not be resolved against any party. The caption headings of this Agreement are for reference only and shall not affect its interpretation. This Agreement is entered into for the exclusive benefit of the parties hereto and not for any other third parties. Nothing in this Agreement, expressed or implied, is intended to confer upon any person or entity not a party to this Agreement any rights or remedies under this Agreement. 18i ':?3 16. Duplicate Originals. The parties may execute this Agreement in duplicate originals, each of equal dignity. If the parties sign this Agreement on different dates, the later date shall be the effective date of this Agreement for all purposes. Executed this _ day of 2013. CITY OF BRYAN Jason P. Bienski, Mayor APPROVED AS TO FORM Janis K. Hampton, City Attorney ATTEST Mary Lynne Stratta, City Secretary B OS TY APPROVED AS TO FORM Duane Peters, County Judge Bill Ballard, Asst. County Attorney BRYAN BRAZOS COUNTY ECONOMIC DEVELOPMENT FOUNDATION, INC. Jason P. Bienski, President / 8/ 1�y Brazos County Purchasing Department t OCT 172013 200 SOUT14 TEXAS AVE SUITE 352 BRYAN, TX 77803 PHONE (979) 361 -4290 FAX (979) 3614293 Charles Wendt, Purchasing Agent Leslie Williams, Asst. Purchasing Agent Gail Davis, Buyer II Aw" October 1, 2013 Branco Marketing P.O. Box 3819 Bryan, TX 77805 -3819 Attn: Don Broach Re: Renewal of Contractfor Fuel with Brazos County Phone: 979 - 260 -3835 ext. 13 Fax: 979 -691 -8588 Email: don @brencomarketing.com Brazos County would like to exercise the renewal option for the Fuel Contract — Texas A &M Master Agreement N C3200207. All terms, conditions, and pricing shall remain the same. This renewal is number four (4) of a four (4) year option as provided for in the original Master Agreement M000341, To accept the renewal option, please fill out the information and sign below. Return this letter by email to IwilliamsAbrazoscountytx.eov or fax to (979) 361 -4293 and submit an original and an updated Certificate of Insurance by mail to the address listed above. Upon receipt of signed document, a new Contract number will be issued to continue the agreement from October I, 2013 through September 30, 2014. Please return acceptance as soon as possible. if you have any questions, I may be reached at (979) 361 -4291. Contact Name: DO^4 -,E31208C I9 Telephone: 99�J Z(,;20- 3$�S BRENCO MARKETING MPt Donald Broach B S�O Duane Peters, County Judge �.l /0 Date a OO l Date AggieStay Contract # C3200207 Brenco Marketing PO Box 3819 Bevan TX 77805 Phone- 979 -260 -3835 Fax-979-691-851111 Contact —Don Broach MASTER ORDER TEXAS A &M UNI VERSITY, COLLEGE STATION, TEXAS Change Order Issued 10 -16.12 Financial Management Operations Ann: Accounts Payable 6030 TAMU College Station, TX 77843 -6000 United Seta 'this Master Order shell be effective as of September 1 2013 and pertains to all goods andinr services coveted by Texas A &M University AR&Buv Contract M �1 j07. 'Ibis document is NOT considered as an order to ship from Individual orders andior requests for services as a result of this Master Order shall be requested on an as needed basis. 1. Vendor shall provide goods tmdbr services as designated on enached specifications, terms and conditions as staled in Invitation - to -Bid #09 -0026, and on), addenda dtreto, are all made a paK hereof and collectively ondence and constitute Texas ARM Univesity AggieBuy Contract x C3100207. 2. Delivery Information: E 8:M Univrv'ce lnrioa Services v Road a, Station TX 7 78 43 -13 76 3. Payment shall he made within tiny (30) days after acceptance of goods andr'or services and receipt of invoice, wh;chVcr is late. Vendor shall mubntit one copy of" itemized invoice referencine the AggieBuy Contract number and any deparlmertal issued purchase onlcr number. Owner will incur no penalty for late payment if payment is made in 30 or fewer days from receipt of goods or services and an uncontested invoice. 4. __gm: The tam of this Master Order shall be from September 1 2013 throevh Aueust 31.2014. S. Freight Terms: FOB Destination, Freight Ptcpaid and Allowed 6. Chaugss: Any changes to the Master Order must be made in writing b} the Texas .A&M Purchasing Agent as listed below. 7, l as ExemntiM: The State of Texas is exempt from all Federal Excise Taxes. Texas ARM University is exempt from state and municipal sales taxes under Texas Tax Code, Chapters 151 and 321; et. seg., for all purchases made for the exclusive use of Texas A&M. S. The laws of the State Of Texas shall govern this Master Order. DIVISION OF FINANCE PROCUREMENT SERVICES Reference FAMIS Master Order M200207 — AggieBuy #C3200207 Item # Item & Description Qty Unit Unit Price Extension Delivery (Days) Renewal 4 of year option. (M000341, M100070, M200207, C3200207) This is not an order. It is an informational copy only. Orders will be placed individually on an as needed basis. PAR Requirements for Self— Performing Vendors j The HUB Subcontracting Plan (HSP) submitted with the bid response shall become a provision of the purchase order, The vendor cannot change a subcontracting plan prior to its incorporation into the purchase order. TAC 20.14 (5). Per the Texas Administrative Code Chapter 20.14, Texas A&M requires the following: o Vendors self - performing must submit a HUB Subcontracting Plan (HSP) Prime CnntraHnr Progress Assessment Report (PAR) to Texas A&M University on a monthly basis. The vendor will maintain business records documenting its compliance with the approved HSP and will submit a PAR to the Texas A&M Department of Procmement Services no later than the 5" calendar day of the month until the purchase order has been paid in full. SAC 20.14 (d). All PAR's shall be sent via e-mail to the following address: hubnmaram . Payment requests submitted without the PAR will not be processed. o Changes may not be made to the HSP without prior review and approval from the Texas A&M Department of Procurement Services. The vendor shall subrnit to the TAMU point of contact provided below u revised HSP if determined subcontracting will be necessary . If the selected vendor subcontracts any of the work without complying with TAC 20.14 and Without prior approval from the Taxers A&M Department of Procurement Services. the vendor will be dmmwd to have breached the Purchase ardor and be subject to ally remedial actions provided by Texas Oovemmmt Code, 1477 TAMU P.O. Box 30013 College Station, TX 77842 -30113 Tel, 979.845.4570 Fax. 979.845.3800 httpJlnumhasing.tamu.edu xwo,sirrwr.s..�eam. e,ram raadmr. IV-01. / 8 � P9. o�% Page 2 of 7 Item q Item & Description Qty Unit Unit Price Extension Delivery (Days) Chapter 2161, state law end TAC 20.14 (6). Texas A&M will repon n0nperfomtance relative to its purchase order to Texas Procuretneut and Support Services in accordance with TAC 20.105, Subchapter F relating to the Vendor Performance and Debarment Program. Team ARM Point of contact Patty Winkler. CTP, C. P.M Phone - 979 - 845 -4356 E -mail nwinkler(a�Mnlu edu A copy of the PAR can also be. found at the following link-: • n /h+rvirv, window smote u.as/ot9s_u_rein4pL/Ft9F�U1! -alt nne -ulal Blanket Qtder for Unleaded, Diesel and Bio- Diesel for various departments on the campus of Texas A &M University for the period of September 1, 2013 through August 31, 2014, as per the terms, conditions and mark-up offered in Request for Bid 909 -0026. Quantities are estimated only and do not guarantee a purchase. Delivery to be made at times and in quantities requested by Texas A&M University, ordering department Upon award orders will be placed on an as needed basis. Any unused quantities as of August 31, 2014 shall be considered cancelled The mark -up shall remain firm for the term of the agreement including any/all renewal options provided for in Request for Bid N09 -0026. Mark -up par gallon includes any and all costs involved in the supply and delivery of all fuels with the exception of any applicable state fuel tax and the petroleum Product Delivery Fee . participating entities are exempt from certain Federal Excise Tax, State Sales and Transportation Taxes. Entities upon request will execute tax exemption certificates .\ MMiY�sN ltlrtHn�NYSmn0lDlaq 41en�a Ca4PlDi,s i voi I87 P' �� Page 3 of 7 Item # Itern 3 Description Qty Unit Unit Price Extension Delivery (Days) 'rhe participat ng entities are subject to the state of 'r'exas Road Tax eQ S.20 /gallon and all entities are subject to the State of Texas Petroleum Delivery Fee. These taxes, state imposed fees and unloading fees are not included in the unit price and will be itemized on the invoice to the ordering entity (if applicable) unloading fees are not acceptable. The only acceptable change in the fees proposed during the contract term or any extension option would be in the event the State of Texas or Federal Government makes adjustments in the fee levels of the State Petroleum Product Delivery fee or the Federal Super Fund. The vendor may then pass these charges on to the entity if sufficient documentation can be provided for the requested changes from the respective governing body(s). Ally change in these specific fees will become effective thirty (30) days after the contractor and the participating entity agree to the change. Payment Terms: Net 30 days, upon acceptance of delivery and receipt of approved invoice. The price per gallon of fuel is determined by applying the mark -up per gallon to the average tack for bic- diesel and unbranded average per gallon price listed in the "Oil Price Information Service" (OPIS) Pad 3 Net Report for Hearne and Houston, TX as in effect on the day of delivery. Pricing Formula: OPIS Price per Gallon + Vendor's Mark -up + S.20 per gallon tax = Unit Price per Gallon Renewal 4 of 4: This is renewal four (4) of a four (4) year option with all terms, conditions and mark -up remaining firm. /8� :;.P19-9 i t Page 4 of 7 j Item # Item 3 Description Qty Unit Unit Price Extension Delivery, (Days) Cancellatioo: 1f the suppler fails to perform in the manner specified in this contract or for reasons such as, but not limited to, consistent poor service, unsafe habits or misrepreseotaiion of product, Texas A&M University shall have the right to cancel the commet(s) by Providing the Supplier with thirty (30) days written notice. Upon award, any order is subject to cancellation, either in whole or in part, if funds are not appropriated by the Texas Legislature or otherwise made available to the end user. The agreement may be terminated, without penalty, by Texas A &M without cause by giving thirty (30) days written notice of such termination. 1. Unleaded Fuel, 87 Octane GAL Transport Loads of 70001gallms OPLS price as of 6!30/09 was S 1.943 B or Mark-Up +.0210 2. Unleaded Fuel, 87 Octane Less than full transport buck delivery 'transport Loads of 250 1gallons OPTS price as of 6130/09 was $1.9438 Plus vendor Mark -Up +.0500 1 3. Unleaded Fuel, 89 Octane GAL Less than full transport rack delivery Transport Loads of 250 /gallons OPLS price as of 650109 was S2.0L28 Plus Vendor Mark -Up +.0500 MOTU- 4. Unleaded Fuel, 93 0ctane 1 GAL Less than full transport truck delivery Transport Loads of 250 /gallons OPIs price as of 6130/09 was $2.1438 Plus Vendor Mark -Up +.0500 Hufp.n.Y UUSnw..a m�i,numt. yp.enm.. n. CID'n[1 as Vi?, Page 5 of 7 Item # Item & Description Qty Unit Unit Price Extension Delivery (Days) 5. #2 Diesel Low Sulflu 387 GAL 1.99 3 .90 Transport Truck Delivery of 6500 /gallons OPIS price as of 6/3M9 was $1.8941 Plus Vendor Mark-Up S-0500 6. #2 Diesel, Low Sulfur GAL Less they full transport truck delivery Transport Loads of 250 1gallons OPIS price as of 6/30409 was $1.8941 Plus Vendor Mark -Up S.0500 7. Dyed Diesel 5 Transport Truck Delivery of 6500 1gallons oP1.S price as of 650109 was $1.8979 Plus Vendor Mark -Up $ .0240 4 8, Dyed Diesel o t,,AL Less than Poll transport truck delivery Transport Loads of 250 /gallons OPIS price as of 6130109 was $1.8979 Plus Vendor Mark-UP $ .0500 9. Bio Diesel Range of B20, Soybean additive GAL Transport Truck Delivery of 6500 /gallons OPIS price as of 6130109 was $1.9453 Plus Vendor Mark -Up S.0900 Delivery Fee: The Petroleum Product Delivery Fee (Remediation fee) on each load of gasoline and diesel fuel imported into Texas or withdrawn from bulk storage facilities and delivered into cargo tanks or barges Fee Schedule: Gallons Delivered Fee Less than 2,500 $3.75 2,500 but less than 5,000 57.50 5,000 but less tlmn 8,000 $11.75 8,000 but less than i 0,000 515.00 Each 5,000 gallon increment on 10,000 gallons or more $7.50 Page 6 of 7 Item ft Item 8, Description Qty Unit Unit Price Extension Delivery (Days) Foy deliveries of at least 7,000 but less than 8,000 (whether single product type or split load), special rules apply: -If the gasoline portion of the delivery is less than 7,000 gallons, the fee is S 11.75. -If the gasoline portion of the delivery is at least 7,000 gallons, the total load is presumed to be at least 8,000 gallons and the fee is 515.00. The Fee will expire on September 1, 2011 If you have questions, please call Bryant K. Lomax, TPCA Manager, Tax Policy Division at 1- 800 -252- 1383. Additional Fuel Pricing and Tax Exemptions: (1)— Excluded, Federal Excise Tax - NA (2) — Federal Oil Spill Recovery Fee The Federal Oil Spill Recovery Fee (which may also be referred to as the Federal Oil Spill Liability Fund Tax) is currently 50.0019Igailon for clear gasoline and diesel fuel. However, a lower rate may apply to the purchase of blended fuels such as E10 gasoline which is 50.0017 1gallon. There are no purchasers exempt from this fee. See IRS Publication 510, Ch3 (3) — Federal LUST Tax The current Federal Leaking Underground Storage Truk (LUST) tax is $0.001 /gallon. The LUST tax applies to all purchasers. See US toaster Excise Tax Guide Chapter 54. (4) — Texas State Fuel Tax Gasoline and Diesel Fuel are currently 50.20 1gallon yydlYgy�lyN(fwM�%tl i„Otlln, b QMA1.le i Page 7 of 7 Item # Item & Description Qty Unit Unit Price Extension Delivery (Days) (5) - Texas Load Fee The Texas Load Fee (which may also be referred to as the Petroleum Products Delivery Fee) is currently , based upon the withdrawal of petroleum products into cargo tanks and varies according to the net total gallons of all products withdrawn. This fee ranges from 53.75 to $15.00 based on number of gallons. See FIB 2694. 10. a tra r S ill Recovery Fee, effective VI 109 - 1 a for Gasoline 3 ual O-.DO 1 1. Feocral Uil 6pill Recovery Fee, effective Ill - 1 for Diesel 2 1 Federal S Fax (3 - or Gasoline Dim] a 157- pp tca a Texas State Fuel Tax - for o me a and Diesel 14, -TX Load Fee - or Gasoline and Diesel of Range of ricin - S3.75 - $15.00 TOTAL 51,557,9se.29 R CONTRACT FOR RESIDENTIAL SERVICES RITE OF PASSAGE, INC, In accordance with provisions of the Governor's Office, Criminal Justice Division and TJJD, Brazos County Juvenile Probation Department Juvenile Services (hereinafter called COUNTY), and Rite of Passage, Inc. (hereinafter called SERVICE AGENT), by this Agreement, and in consideration of the mutual promises set forth below, agree that: I. CONTRACT PERIOD The contract period will be effective from August 1, 2013 through July 31, 2014. `- II. PURPOSE The purpose of this Residential Services Agreement is to provide COUNTY with long term residential Care for children adjudicated to have committed delinquent conduct. The placement facility to be utilized is owned and operated by SERVICE AGENT and the business address of SERVICE AGENT is located at 2560 Business Parkway, Suite A, Minden, NV, 89423. Contrect Facility Name Address City / State/ Zia Canyon State Academy 20061 East Queen Creek, AZ 85242 -9715 Rittenhouse Road III. SERVICES The SERVICE AGENT is an educational, vocational and athletic program for at -risk youth. The Service Agency agrees to provide the following services, which shall be limited to adjudicated juvenile offenders in licensed child care facilities as follows: A. Provide this child with the nurture, care, clothing, treatment and training suited to his needs. B. Room & board, clothing, personal needs, recreation, incidentals, supervision, education, and social services. C students riwho have graduated/ competed the prrogram!sSStudents lwho do not complete the program will receive an escorted exit. D. Non - routine medical insurance coverage, which does not include dental, vision, or psychotropic medication. It is the responsibility of the placing agency to pay for psychotropic medications that have been prescribed to student prior to or at the time of admission. Rite of Passage will pay for psychotropic medications that have been prescribed by Rite of Passage after placement E. Probation visits. Two probation officer visits to the youth is included within his 12 -month program. A total of two round -trip tickets will be purchased, including lodging. F. Parent visits. Two round trips are provided annually, with a maximum of two visitors (mother and father, or legal guardian) per trip. G. Follow admission requirements related to medical screening, physical examination, medical testing and immunization. H. Encourage the maintenance of the natural parent -child relationship and include the child's parents in the treatment plan when possible. Rite of Passage, Inc. Canyon state Academy Brazos County Juvenile Probation Department Residential Contract I. Not use corporal punishment, deprivation of meals, monetary allowances, visits from parents, home visits, threat of removal or any type of degrading or humiliating punishment and to use constructive alternative methods of discipline. J. Respect and keep confidential information given about the child and his family. K. Work toward termination of placement on a planned basis with maximum involvement of the child, parents and the agency. L. Conduct a staffing or review on this child at least quarterly. M. Submit an initial diagnostic summary to the agency within three (3) months from the date of placement. N. Submit ongoing written evaluations to the agency and/or parents or guardians quarterly. O. Immediately notify responsible party of significant changes in this child's health, behavior or location. P. Submit copies of any pertinent information such as school reports. Medical reports and psychologicaUpsychiatric reports as completed. 0, Give responsible party prior notice of at least 7 days of intent to discharge this child unless it is agreed upon with the agency that less notice is necessary. R. Conform to the applicable facility licensing /certification requirements. S. Provide access to appropriate parties of documentation when documentation is maintained on children in their care. T. Notify the agency and /or parents or guardians immediately if an application is made on behalf of this child for any kind of income. Examples of income include, but are not limited to, child support payments, Veterans Benefits, Railroad Retirement, Social Security, RSHDI, and Supplemental Security Income/State Supplemental Program (SSI/SSP). U. Remit to Department of Public Social Services any income received on behalf of this child while in foster care up to the full cost of board and care plus medical cost. In addition, the agency will cooperate to have the Social Security Administration, or the appropriate agency, make the Department of Public Social Services the payee for any funds received on behalf of this child. V. Provide and document paraprofessional counseling, off - campus visits or furloughs, major incidents and worker contacts. COUNTY must approve the child's participation in any furloughs, home visits, or extended agency trips. W. Ensure that the child's parent(s) or legal guardian(s), COUNTY, and specifically the County Placement Officer, including Texas Department of Human Services are notified A a child in placement makes an unauthorized departure, becomes seriously ill, or is involved in a serious accident. The COUNTY and parent(s) or legal guardian(s) will be informed immediately if during working hours. After normal working hours, the Juvenile Services On -Call Officer will be notified by calling 817 -648 -8185 as well as the parent(s) or legal guardian(s). In the event of serious illness or accident and for any required follow -up care SERVICE AGENT shall be responsible for having the child transported to the nearest hospital or emergency care facility. If the child returns to the SERVICE AGENT within ten (10) days or prior to the last billing day of the month, whichever shall receive payment for those days the child was absent from the SERVICE AGENT, but not to exceed ten (10) days payment. X. Recognizing that a part of a child's rehabil'dation program may include time away from the residential setting of the SERVICE AGENT such as weekends, holidays, etc., and that the SERVICE AGENT must retain space for this child until his return, COUNTY will pay the SERVICE AGENT the herein agreed upon amount for such regularly scheduled days away from the SERVICE AGENT of its program providing they do not exceed ten (10) days at any one time. Y. The SERVICE AGENT is under no obligation to retain space for the child in unauthorized departure situations. Z. The SERVICE AGENT is under no obligation to accept a child who is deemed inappropriate for placement in the program by the SERVICE AGENT, The COUNTY Agrees to the following: A. Conduct a pre - placement visitation of the Rite of Passage sites. This visitation may be waived. B. Acknowledge that Rite of Passage is a behavior modification and treatment program for at -risk youth. Page 2of6 Rite of Passage, Inc. Canyon State Academy Brazos county Juvenile Probation Department Residential contract C. Provide Rite of Passage the necessary background information and needs of the child necessary for effective care. This shall include a social work assessment, medical reports, educational assessment, psychological /psychiatric evaluations, and identification of special needs when necessary. This shall be made available to Rite of Passage within 14 days from date of placement. D. Work with Rite of Passage toward development of a treatment plan. E. Work toward termination of child's placement with Rite of Passage staff. F. Continue paying for this child's care as long as eligible and Rite of Passage maintains child on an active status or until Rite of Passage requests that placement be terminated. G. Assist in the maintenance of the child's constructive relationships with parents and other family members. H. Contact this child in Rite of Passage at least once a month. If case plan would indicate less frequent contact, Rite of Passage will be informed. 1. Inform Rite of Passage if child has any tendencies toward dangerous behavior. J. Provide proof of medical coverage at the time of placement. (If Applicable) K. Provide authorization for medical treatment, signed by parents or legal guardian. L. Consent to the JIREH Safe Physical Management Physical Restraint Procedure as the method used by certified Rite of Passage personnel to intervene with harmful behavior. M. Consent to the Rite of Passage Concerns Programs as the protocol for students being placed in protective separation rooms. N. Consent to Rile of Passage Runaway Policy as the protocol for procedures for the truant student. 0. Consent to the child participating in rigorous physical training and individual and team sports. P. Represent that the child has no physical ailments or conditions that would prevent him from participating in rigorous physical activities. IV. COMPENSATION A. For and in consideration of the above - mentioned services, COUNTY agrees to pay the SERVICE AGENT an amount not to exceed $138.25 per rlay. This fee does not exceed the actual cost of child care of the SERVICE AGENT, B. SERVICES AGENT will submit an invoice for payment of services to COUNTY on a monthly basis. Said invoice shall be submitted no later than ten (10) days following the end of the invoiced month and shall include information deemed necessary for adequate fiscal control, including but not limited to: name of the child or children for whom payment is being requested along with the number of days (stated consecutively), date service was rendered, hourly rate, total daily cost, and total monthly cost. Each invoice received for payment will be reviewed by COUNTY in order to monitor SERVICE AGENT for financial compliance with this Agreement. Invoice submitted by SERVICE AGENT in proper form shall be paid by COUNTY in a timely manner. C. SERVICE AGENT must Initiate and complete any appropriate Medicaid application and complete all necessary documentation to obtain reimbursement for children who may be eligible for Medicaid. D. SERVICE AGENT is hereby notified that state funds are used to pay for services rendered to COUNTY. For this reason, SERVICE AGENT shall account for the receipt and expenditure of all funds received from COUNTY, and shall adhere to Generally Accepted Accounting Principles (GAAP) in the accounting, reporting and auditing of such funds. In the event of an investigation by the TJJD or COUNTY, the SERVICE AGENT shall submit to COUNTY upon request a financial audit prepared by independent certified public accountant V. INDIVIDUAL CASE PLAN AND FAMILY INVOLVEMENT A. Each child placed with the SERVICE AGENT shall have a written Individualized Case Plan (ICP), developed in concert with the child and mutually agreed upon by the appropriate SERVICE AGENT staff and appropriate county personnel along with a family member within thirty (30) days of placement, identifying which of the seven (7) domains pertain to the child. The Case Plan shall be reviewed every 6 months thereafter or more often if necessary, until the child is released from the program. B. The ICP shall contain the reasons why the placement will benefit the child and specify behavior goals and objectives as they pertain to the seven (7) domains being sought for each child. Included shall be how the goals and objectives are to be achieved in the SERVICE AGENT placement. The ICP shall state how the parent(s), guardian(s), and where possible, grandparents or other extended family members will be _._._.... _ Page 3 of e /r17 1 g4 Rite of Passage, Inc, Canyon State Academy Brazos County Juvenile Probation Department Residential Contract involved in the Individual Program Plan to assist in preventing or controlling the child's alleged delinquent behavior or alleged conduct indicating a need for supervision as defined in the Texas Family Code. C. Copies of the original ICP and the periodic reviews are to be maintained by the SERVICE AGENT and the COUNTY. D. COUNTY reserves the right to terminate the child's placement at the SERVICE AGENT at its discretion. The SERVICE AGENT must not release a child to any person or agency other than the COUNTY without the express consent of the COUNTY. E. Unless otherwise stipulated by COUNTY, the child may visit freely with parents and relatives at the home in accordance with established SERVICE AGENT policies. F. Suspected or alleged cases of child abuse must be immediately reported to the COUNTY and the Department of Human Services by the SERVICE AGENT. VI. EXAMINATION OF PROGRAM AND RECORDS A. The SERVICE AGENT agrees that it will permit the COUNTY to examine and evaluate its program of services provided under the terms of this contract and to review COUNTY child records. This examination and evaluation of the program may include unscheduled site visitations, observation of programs in operation, interviews, and the administration of questionnaires to the staff of the SERVICE AGENT and the child. B. The SERVICE AGENT shall provide to the COUNTY such descriptive information on contracted child as requested on forms provided by the COUNTY. C. The SERVICE AGENT agrees to maintain and make available for inspections, audit or reproduction by an authorized representative of COUNTY and the State of Texas, books, documents, and other evidence pertaining to the cost and expenses of this contract, (hereinafter called the "records'). D. The SERVICE AGENT shall retain all applicable records for a minimum of three years or until any pending audits and all questions arising there from have been resolved. E. Provide the COUNTY with a written report of the child's progress on a monthly basis in a Monthly Progress Report. F. Document and maintain records pertaining to the effectiveness of goods and services provided to contracted children. These records shall contain, but are not limited to: i, percentage of youth in program successfully achieving set education goals, ii. percentage of youth achieving set vocational goals, iii. percentage of youth achieving set social skills goals, iv. percentage of youth demonstrating overall progress, v. number and type of investigations made by the TXDFPS or any law enforcement agency due to reports of abuse and /or neglect. These records shall be made available to COUNTY for periodic inspection. G. Service Provider shall adopt and comply with all federal, state, county, and city laws, ordinances, regulations and standards applicable to the provision of services described herein and the performance of all obligations undertaken pursuant to this Contract, including the Prison Rape Elimination Act of 2003 (PREA) which establishes a zero - tolerance standard against sexual assault of incarcerated persons, including juveniles, and addresses the detection, elimination, prevention, and reporting of sexual assault in facilities housing adult and juvenile Offenders. Page 4 of 8 Rite of Passage, Inc. Canyon State Academy Brazos County Juvenile Probation Department Residential Contract H. Under PREA, Service Provider shall make available to the CPO all incident -based and aggregated data reports for every allegation of sexual abuse at its facility or facilities, and all such data may be requested by the Department of Justice from the previous calendar year no later than June 30 [PREA §115.387(e) and (f)) 1. Service Provider shall be monitored, at their expense, once in every three- year auditing cycle and documentation of this audit including any non - compliance shall be given to Juvenile Probation. i. Service Provider shall choose a monitor that meets all applicable PREA requirements and is pre - approved by Juvenile Probation. ii. Juvenile Probation may conduct their own audit, at any time, to determine Service Providers compliance with PREA standards. J. Service Provider shall assist fully with any and all audits. VII. CONFIDENTIALITY OF RECORDS A. SERVICE AGENT shall maintain strict confidentiality of all Information and records relating to children involved with COUNTY, and shall not re- disclose the information except as required to perform the services to be provided pursuant to this Agreement, or as may be required by law. VIII. DISCLOSURE OF INFORMATION A. SERVICE AGENT warrants that, prior to entering this contract, lt has verified and disclosed the following information to COUNTY, and agrees that it shall have an ongoing affirmative duty under this Agreement to promptly ascertain and disclose in sufficient detail this same information to COUNTY: 1. Any and all corrective action required by any of SERVICE AGENT's licensing authorities; H. Any finding of "Reason to Believe" by a state regulatory agency in a child abuse, neglect and exploitation investigation where an employee, intern, volunteer, subcontractor, agent and/or consultant of SERVICE AGENT that has direct contact with juveniles was the alleged or designated perpetrator; iii. The identity of any of SERVICE AGENT's employees, interns, volunteers, subcontractors, agents and /or consultants that have direct contact with juveniles that have a criminal history. For the purpose of this Agreement, the term criminal history shall include: (1) current felony and misdemeanor probation or parole; (2) a felony conviction or deferred adjudication within the past ten (10) years; or (3) a jail able misdemeanor conviction or deferred adjudication within the past five (5) years. IX. ASSURANCES A. The SERVICE AGENT is accountable for delivery of quality services and shall provide information necessary to enable COUNTY to comply with standards of TJJD and to measure progress toward specified Goals and Outcomes, if applicable. B. Under Section 231.006, Family Code, the SERVICE AGENT certifies that the individual or business entity named in this contract is not ineligible to receive the specified payment and acknowledges that this contract may be terminated, and payment may be withheld if this certificate is inaccurate. C. The SERVICE AGENT understands that acceptance of funds under this contract acts as acceptance of the authority of the State Auditor's Office, or any successor agency, to conduct an audit or investigation in connection with those funds. SERVICE AGENT further agrees to cooperate fully with the State Auditor's Office or its successor in the conduct of the audit or investigation, including providing all records requested. SERVICE AGENT will ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through SERVICE AGENT and the requirement to cooperate is included in any subcontract lt awards. Page 8 of 8 Vol. / / Pg. I? Rite of Passage, Inc. Canyon State Academy Brazos County Juvenile Probation Department Residential Contract D. The SERVICE AGENT will pay all taxes, if any, required by law arising by virtue of the services performed hereunder. The COUNTY is qualified for sales tax exemption pursuant to Section 151.309 of the Texas Limited Sales Excise and Use Tax Act, E. The SERVICE AGENT currently meets and shall comply with all applicable state and federal laws and licensing and/or certification requirements pertinent to the SERVICE AGENT's provision of services under this agreement and must notify COUNTY within 24 hours of any future failure to meet licensing requirements. Failure to comply with this requirement will be treated as a default. F. Neither COUNTY nor any employee thereof is an agent of the SERVICE AGENT and neither SERVICE AGENT nor any employee thereof is an agent of COUNTY. This agreement does not and shall not be construed to entitle either party or any of their respective employees, if applicable, to any benefit, privilege or other amenities of employment by the other party. G. SERVICE AGENT agrees to indemnify and hold harmless the COUNTY against any and all claims, lawsuits, settlements, judgments, penalties and expenses, including attorney's fees, with respect to SERVICE AGENT'S performance under this contract for which the SERVICE AGENT is liable. H. No person not a party to this contract may bring a cause of action pursuant to this Contract as a third party beneficiary. This contract may not be interpreted to waive the sovereign immunity of any party to this contract to the extent such a party may have immunity under Texas law. I. SERVICE AGENT agrees to comply with all applicable laws, regulations and conditions required of TJJD for juvenile boards, juvenile probation departments and their subcontractors. X. REPRESENTATION AND WARRANTIES SERVICE AGENT hereby represents and warrants the following: A. That it has all necessary right, title, license, and authority to enter into this Agreement; B. That it carries sufficient insurance to provide protection to COUNTY under the indemnity provisions as well as for any potential liabilities that arise form or related to this Agreement; and C. That all of its employees, interns, volunteers, subcontractors, agents and /or consultants will be properly trained to report allegations or incidents of abuse, exploitation or neglect of a juvenile in accordance with the requirements of Texas Family Code, Chapter 261 and any applicable TJJD administrative rules regarding abuse, neglect and exploitation allegations. XI. FEE ASSESSMENT A. Children or their families shall not be assessed fees for services by the SERVICE AGENT unless arrangements are specified by the Court. This does not preclude reasonable attempts to seek voluntary contribution from families of county children for donations of clothing, personal articles, and funds to assist in supporting a youth's rehabilitation. B. If a child is eligible for fiscal support from another state agency or organization, the SERVICE AGENT shall ensure that COUNTY is not charged for such fiscal support for which the child is otherwise eligible. XII. EQUAL OPPORTUNITY A. Services shall be provided by the SERVICE AGENT in compliance with the Civil Rights Act of 1964. The SERVICE AGENT will not discriminate against any employee, applicant for employment, or child because of race, religion, sex, national origin, age or handicapped condition. Page 6 018 Rite of Passage, Inc. Canyon State Academy erazos County Juvenile Probation Department Residential Contract B. The SERVICE AGENT will take affirmative action to ensure that applicants are employed, and that the employees are treated during employment without regard to their race, religion, sex, national origin, age, or handicapped condition. XIII.OFFICIALS NOT TO BENEFIT A. No officer, member or employee of COUNTY and no member of its governing body, and no other public officials of the governing body of the locality or localities in which the project is situated or being carried out who exercise any functions or responsibilities in the review or approval of the undertaking or carrying out of this project, shall participate in any decision relating to this contract which affects his personal interest or have any personal or pecuniary interest, direct or indirect in this contract or the proceeds thereof. XIV. TERMINATION A. Termination —Without Cause: This contract may be terminated by either party by providing written notice to the other party at least thirty (30) days prior to the intended date of termination. Any notice or other writing required by this contract shall be deemed given when personally delivered or mailed certified or registered United States Mail, postage prepaid, addressed as follows: Brazos County Juvenile Probation Charles Douglas Vance Chief, Brazos County 1904 W. SH 21 Bryan, TX 77803 -1217 B. Termination —With Cause: SERVICE AGENT Rite of Passage, Inc. Ms. Carolyn Jenkins- Bower,Chief Financial Officer 2560 Business Parkway, Suite A Minden, NV 89423 The COUNTY may terminate this contract within ten (30) days of delivery of written notice for SERVICE AGENT'S failure to achieve the defined goals, outcomes, strategies and outputs as set forth in the provisions and attachments to this contract and /or SERVICE AGENT'S failure to comply with all terms and conditions set forth in this contract. Notice of termination shall be deemed given to SERVICE AGENT when personally delivered or mailed certified or registered United States Mail, postage prepaid at the address listed above in Paragraph A — Termination — Without Cause. C. LIQUIDATED DAMAGES 1. In the event that this contract is terminated for cause by COUNTY, SERVICE AGENT agrees to pay COUNTY for any monies paid for services not rendered by SERVICE AGENT prior to the effective date of termination of this contract. XV. AMENDMENT COUNTY may amend, modify, or alter the terms of this Agreement and specify an effective date thereof. COUNTY will then notify SERVICE AGENT in writing, dated subsequent to the date hereof, of such changes and their effective date. Continuation of services after the effective date by SERVICE AGENT vrill signify its acceptance of these changes. If SERVICE AGENT declines to accept changes made by COUNTY, SERVICE AGENT may terminate this Agreement subject to the conditions therein, XVI. LAW AND VENUE A. In any legal action arising under this contract, the laws of Texas shall apply and venue shall be in the Brazos County Juvenile Probation Department. /X% �D Pape 7 of 8 Brazos County Juvenile Probation Department STATE OF TEXAS By: Mr. Charles Douglas Vance, Chief Juvenile Probation Officer 1904 W. SH 21 Br Zs 17 4 ✓� .. Mr. Duane Peters, Juvenile Board Chairman Date: —in 1a 9t 13 By: Date: PoTE OF PASSAGE, INC. By: Mrs. Carolyn Jenkins - Bower, Chief Operating Officer 2560 Business Parkway, Suite A Minden, NV 89423 Phone* 775 -267 -9411 Fax: 775- 267 -9420 Date: /8'9 �// Pape 8 of 8 a 0 u A 0 F Y 0 C_ N S Y d C 0 E r Q Y C 0 w 00 M N D N M O b0 a m U N v a E a a V V E E O U 00 O N v o r � m o m M m Y c a x E a 0 00 3 U C U C 10 � u U' = a try 4 � p n Q v a C E E cc r� N m O W n N 6 oo 0) r 00 O n N V rn m M 00 N as N ri w 00 c0 00 O n N O 00 N O 00 N O 00 N O o0 V N N V N N V N N V N N N H N el 'i rl N N O u 00 O t m O w w O M N 0 0 �n o0 ill ul O n n M N N N N N M N N N N N 0 0 0 0 0 m O ry m m m m c v v m m m c C c c E E E E Y `o a x a `o a y `o a mo m m m 3 3 C 3 c> 3 C N U N M C M C M U M U M U C N 1 C N u u u u tD ._ try 4 � p n Q v a C E E cc r� GRANT ADMINISTRATION SERVICES THIS AGREEMENT, MADE THIS _22_ DAY OF _October_, 2013 BY AND BETWEEN BRAZOS COUNTY, hereinafter referred to as the Client, and GRANTWORKS, INC., Austin, Texas, hereinafter referred to as the Consultant. I. SCOPE OF BASIC SERVICES Consultant agrees to render Client grant administration services for Client's 2013 Program Year Texas Community Development Block Grant Program Contract Number 713032 - Texas Capital Fund (the "Contract "), as administered by the Texas Department of Agriculture (the "Department "), as provided in the provisions tilled, "Part III, Scope of Basic Services" and attached hereto and incorporated by reference herein (the "Services "). II. TIME OF PERFORMANCE The time of services of Consultant shall commence no earlier than upon receipt by the Client of an executed Contract between the Client and the Department. In any event, Consultant shall use commercially reasonable efforts to perform all services required and performed hereunder within either 1095 calendar days or the project is administratively closed, as defined by Department, whichever is later. III. COMPENSATION AND METHOD OF PAYMENT For and in consideration of the foregoing, Client agrees to pay Consultant a base fee of Forty -Five Thousand and no /100 Dollars, ($45,000.00) in accordance with the following schedule. All payments are conditioned upon submission by Consultant of Invoices and receipt of grant funds by Client. Listing of specific milestones shall not be construed as a representation or warranty, and Consultant makes no representations or warranties, that these milestones measure overall contract progress facilitated by the Consultant's performance of the services, and any particular milestone will be achieved or that any specific Department or other requirements ultimately will be met. The fee schedule shall be based upon identified contract milestones, as follows: MILESTONES I Set Up Record Keeping & Financial System $9,000.00 2 Complete Fair Housing /EEO /Section 504 activities and LSO appointment $6,750.00 3 Complete Start of Construction Documents $11,250.00 4 50% of Grant funds Requested & Admin. Activities" $9,000.00 5 File required Close -out Information $4,500.00 6 Programmatic Closure $4,500.00 Total Contract Amount $45,000.00 `Administrative Activities include General Administration, Financial Management, Basic Acquisition, and Construction Phase Management services as referenced in the attached Part III —Scope of Grant Administration Services. IV. ADDITIONAL SERVICES A. if authorized by Client, the Consultant shall furnish Additional Services of the following types which are not considered normal or customary Basic Services; these will be paid for by the Client at an hourly rate of Seventy -five and no /100 Dollars ($75.00). 1. Services resulting from significant changes in general scope of project necessitating the revision of previously accepted reports, documents, and studies or requiring programmatic amendments to Client's Contract with the Department. 2. Reassessment of the environmental assessment procedures, republication of environmental notices, and other actions necessary to re- secure clearance from the Department required by an amendment, other Contract modification, or a change in Department policy or practice. 3. Additional door -to -door income survey work required as part of an amendment, other Contract modification, or a change in Department policy or practice. Agreement for Grant Al Jrninlstrafion Ssr.:ices pago ' ur i ! .?faxos CcunryiGraetWorfis 4. New and /or additional acquisition activities resulting from unknown needs prior to project initiation, site changes, and/or condemnation proceedings. 5. Additional services resulting from new or revised program guidelines or regulations as mandated by the slate or federal administering agency during the term of this Agreement. 6. Additional monitoring visits (other than the normal interim and final) which are conducted by the state or federal administering agencies as necessitated by actions or non - actions other than those of the Consultant. 7. Preparing to serve, or serving, as a consultant or witness for Client in any litigation, other legal or administrative proceeding involving this project. 8. Preparation of financial statements and records such as audits, check registers, and ledgers that are required for project implementation and are typically generated by the Client in the normal course of business. 9. Additional or extended services made necessary by: 1) a significant amount of defective work of any construction contractor, consulting engineer and/or architect; 2) prime construction contractor utilizing more than three (3) sub - contractors; 3) more than two (2) prime construction contracts; 4) force account documentation for labor, equipment and materials valued at over $25,000; 5) default of any construction contractor, consulting engineer and/or architect. B. Fees for any professional services required to carry out project- related activities that must be furnished by a third party professional including but not limited to accountant, appraiser, archaeologist, architect, attorney, auditor, biologist or other natural scientist, engineer, historic preservationist, or surveyor, shall be in addition to the base fee payable to Consultant specified in Section ill. Expenditures for such services shall require prior approval by Client. V. CHANGES AND AMENDMENTS The Client may, from time to time, request changes in the scope of services of the consultant to be performed hereunder. Such changes, including any increase or decrease in the amount of the Consultant's compensation, must be mutually agreed upon by and between the Client and the Consultant and shall be incorporated in written amendments to this Agreement. If a change is requested but the parties cannot agree on the specific terms of such change, the parties may mutually agree to terminate this Agreement. Absent such agreement to terminate, the Agreement will continue without the change. VI. ASSIGNABILITY Neither party shall assign any interest in this Agreement or transfer any interest in the same, without the prior written consent of theother party, not to be unreasonably withheld, provided, however, that claims for money by the Consultant from the Client under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Written notice of any such assignment or transfer shall be furnished reasonably promptly to the Client. VII. RECORDS AND AUDITS During the term of this Agreement, the Consultant shall assist the Client in maintaining fiscal records and supporting documentation for all expenditures of funds made under the Contract. Such records must include data on racial, ethnic, and gender characteristics of persons who are applicants for, participants in, or beneficiaries of the funds provided under the Contract. Client shall retain such records, and any supporting documentation, for the greater of three years from closeout of the Contract or the period required by other applicable laws and regulations. VIII. MISCELLANEOUS PROVISIONS A. Governing Law. This Agreement shall be construed under and accord with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in the county in which Client's primary office is located. B. Bindina Effect: No Third Party Beneficiaries. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representative, successors and permitted assigns. This Agreement does not, and is not intended to, confer any rights or remedies to any person other than the parties to this Agreement. C. Severability. In any case one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality, or Agreement for Grant AdmiWsiraVar+ Services Pepe ; �r ( i Frazas Gwnty /GrantWbrks Vol. Pg. 4L unenforceability shall not affect any other provision thereof and this Agreement shall not be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. D. Attorneys' Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs, and necessary disbursement in addition to any other relief to which such party may be entitled. E. Provision of Information. It is agreed that all information, data, reports and records and maps as are existing, available and necessary for the carrying out of the work outlined in this Agreement shall be furnished to the Consultant by the Client and its agencies. No charge will be made to Consultant for such information and the Client and its agencies will cooperate with Consultant in every way possible to facilitate the performance of the work described in this Agreement. F. Primary Contact. The Client's contact person with the Consultant shall be the County Judge. G. Limitation of Liability. Each party agrees that, regardless of the type, nature or number of causes of action or claims by the Client (including without limitation claims for indemnity under this Agreement) or any third party claiming by, through or under the Client, the maximum amount of damages, individually or in the aggregate, that either party will be liable for or can be required to pay to the other or any other claimant is the amount of fees to be paid to the Consultant by the Client under this Agreement. The parties agree that this limitation of damages is reasonable and acknowledge that but for this limitation, neither party would enter into this Agreement. H. Entire Agreement. This Agreement constitutes the sole and entire agreement of the parties with regard to contemporaneous understandings or written or oral agreements between the parties respecting the subject matter of this Agreement. I. Negotiated Terms. The parties agree that the terms and conditions of this Agreement are the result of negotiations between the parties and that this Agreement shall not be construed in favor of or against either party by reason of the extent to which such Party or its professional advisors participated in the preparation of this Agreement. J. Ownership of Work. The parties agree that the Consultant retains all ownership rights to forms, reports, and other documents produced in whole or In part under this Agreement until such documents are completed as contemplated under this Agreement and placed in the official Contract record or submitted as final documents to the Client or the Department. Consultant shall retain all ownership rights to templates, internal tracking systems, and other documents produced by Consultant that have a common use applicable to multiple clients and are not produced specifically for the Client under this Agreement. K. Alternative Dispute Resolution. The parties hereto agree to resolve all disputes arising hereunder in accordance with this section. If a dispute arises out of or relates to this Agreement or any alleged breach hereof, the party desiring to resolve such dispute shall deliver a written notice of the dispute, including the specific claim In the dispute to the other party. Following the delivery of such notice, the parties involved in the dispute shall meet at least twice within the thirty (30) day period commencing with the date of the notice and in good faith shall attempt to resolve such dispute through negotiation. If any dispute is not resolved or settled by the parties as a result of such negotiation, the parties in good faith shall submit the dispute to non - binding mediation before a retired judge of a federal district court or Texas district court or a similarly qualified, mutually agreeable individual in Austin, Texas. The parties shall bear the costs of such mediation equally. If the dispute is not resolved through such mediation, either party may proceed to file suit. L. Force Mateure. A "Force Majeure Event" means any event or cause beyond a party's reasonable control (including without limitation, construction delays, fire, flood, rain, weather, casualty, explosions, damage by third parties whether negligently or intentionally caused, strikes, work stoppages, picketing, AgreemenrforGr an, AdminisuYaPionServices ?e0e9of1l ±;razosCounty/Granffifonks Vol . 7 pg. 4.S acts of God or other casualties, or the laws or actions of any governmental authority), as a result of which at any time a party is unable to perform any of its obligations under this Agreement. If a Force Majeure Event occurs during the term of this Agreement that prevents the Consultant from performing its obligations hereunder, the Consultant and the Client will in good faith mutually agree on one of the following alternatives: (1) extend the time for performance, or (2) terminate this Agreement and, as mutually agreed, cause the payment to Consultant of fees not yet paid for services performed prior to the occurrence of the Force Majeure Event or cause the refund to Client of fees previously paid for services that were not performed prior to the occurrence of the Force Majeure Event IX. TERMS AND CONDITIONS This Agreement is subject to the provisions titled "Part II Terms and Conditions" and "Part III Scope of Basic Services," which each are attached hereto and hereby are incorporated by reference. IN WITNESSETH HEREOF, the Client and the Consultant have executed this Agreement as of the date indicated above. GrantWorks, Inc. 2201 Northland Drive Austin, TX 78756 BY: Bruce J. Spitzengel President Brazos County P.O. Box 914 Bryan,Texas 77803 BY: County Judge ATTEST: BY: Agreement for Gram£ Avmi:;;stratian Services Fagg 4 o; 11 Pg. 6tla 3r„zas t;o�n£y /Gr >rfWu: ks -1 g� AGREEMENT FOR ADMINISTRATIVE MANAGEMENT SERVICES PART 11 - TERMS AND CONDITIONS PERSONNEL. The Consultant represents it has or will secure at its own expense, all personnel required in performing the services under this Agreement. Such personnel shall not be employees of or have any contractual relationship with the Client. The Consultant may subcontract any of the work or services covered by this Agreement, provided that (a) any subcontracted work or services must be the subject of a written approval written contract or agreement, (b) the Consultant shall be responsible to Client for the acts or omissions of any such subcontractor, and (c) such subcontractors shall be subject to the requirements of the program. 2. REPORTS AND INFORMATION. The Consultant, at such times and in such forms as the Client may reasonably require, shall furnish the Client periodic reports as it may request pertaining to the work or services undertaken pursuant to this Agreement, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this Agreement. 3. FINDINGS CONFIDENTIAL. All of the reports, information, data, etc., prepared or assembled by the Consultant under this Agreement are confidential and the Consultant agrees that they shall not be made available to any individual or organization without the prior written approval of the Client except where required by law or by court order. 4. COMPLIANCE WITH LOCAL LAWS; INDEMNIFICATION. Consultant shall comply with the requirements of all applicable laws, rules and regulations, and shall, indemnify, and hold harmless the Client from and against them, and shall indemnify and hold harmless the Client from and against liability for payments of Federal, State and local taxes on contributions imposed or required under the Social Security, worker's compensation and income tax laws associated solely with Consultant's performance of the services required to be performed by Consultant under this Agreement. 5. TERMINATION OF AGREEMENT FOR CAUSE. If the Consultant shall fail to fulfill in a timely and proper manner his/her obligations under this Agreement, or if the Consultant shall violate any of the covenants, agreements, or stipulations of this Agreement, the Client shall provide written notice to Consultant reasonably specifying the failure or violation. If Consultant fails to cure such failure or violation within five (5) business days of receiving such notice or, if the failure or violation is incapable of cure within such time frame, to begin to take actions to cure such failure or violation and to diligently pursue them to completion, Client thereupon shall have the right to terminate this Agreement immediately by giving written notice to the Consultant. Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder. 6. TERMINATION OF AGREEMENT FOR CONVENIENCE. Either the Client or the Consultant may terminate this Agreement at any time by providing at least ten (10) days notice in writing to the other party to this Agreement. If the Agreement is terminated as provided herein, the Consultant will be paid for the time provided and expenses incurred up to the termination date. In such event, all finished documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared by the Consultant under this Agreement shall, at the option of the Client, become its property. 7, INTEREST OF MEMBERS OF CLIENT. Client agrees that no member of its governing body, no other public official of Client, and no other officer, employee, or agent of the Client who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Agreement, and Client shall take appropriate steps to assure compliance with this requirement. Agreement for Grant Anministratwo.. Swviees Pagw 5 of ti rvlol.—Zl% Pg. -_ vrszcs Countv/GrantWar &s 8. INTEREST OF CONSULTANT AND EMPLOYEES. The Consultant covenants that it presently has no interest and shall not acquire interest, direct or indirect, in the study area or any parcels therein or any other interest which would conflict in any manner or degree with the performance of its services hereunder. The Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by Consultant to perform services under this Agreement. 10 FEDERAL COMPLIANCE. During the term of this Agreement, the parties shall comply with all Federal laws, regulations, and rules including the following: A. CIVIL RIGHTS ACT OF 1964. Under Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits, or be subjected to discrimination under any program or activity receiving Federal financial assistance. B. SECTION a109 OF THE HOUSING & COMMUNITY DEVELOPMENT ACT OF 1974. No person in the United States shall on the ground of race, color, national origin, creed, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this Title. C. EQUAL EMPLOYMENT OPPORTUNITY. During the performance of this Agreement, the Consultant agrees as follows: I. The Consultant will not discriminate against any employee or applicant for employment because of race, creed, sex, color or national origin. The Consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, sex, color or national origin. Such action shall include, but not be limited to, the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Client setting forth the provisions of this non - discrimination clause. ii. The Consultant will, in all solicitation or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, sex, or national origin. iii. The Consultant will cause the foregoing provisions in this Section 11 to be inserted in all subcontracts for any work covered by this Agreement so that such provisions will be binding upon each subcontractor, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials. iv. The Consultant will include the provisions I. through iii. in every subcontract or purchase order unless exempted. "SECTION 3" COMPLIANCE IN THE PROVISION OF TRAINING, EMPLOYMENT AND BUSINESS OPPORTUNITIES. A. The work to be performed under this Agreement is on a project assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 u. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given lower income residents of the project area and contracts for work In connection with the project be awarded to business Agreement for Grant Administration Services Page S or f! ��c:l 1917 Pg. Efrazos County/GrenNiorka concerns which are located in, or owned in substantial part by persons residing in the area of the project. B. The parties to this Agreement will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 C.F.R. 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of this Agreement. The parties to this Agreement certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. C. The Client shall require each contractor to send to each labor organization or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, If any, a notice advising the said labor organization or workers' representative of his /her commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. D. The Client shall require that this Section 3 clause is included in every contract or subcontract for work in connection with the project and will, take appropriate action upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development, 24 C.F.R. Part 135. The Client shall not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 C.F.R. Part 135 and will terminate any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply with requirements of the regulations. E. Compliance with the provisions of Section 3, the regulations set forth in 24 C.F.R. Part 135, and all applicable rules and orders of the Department issued hereunder prior to the execution of the contract, shall be a condition of the federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, it successors and assigns. Failure to fulfill these requirements shall subject the applicant, its contractors and subcontractors, its successors and assigns to those sanctions specified by the grant or loan agreement or contract through which federal assistance is provided, and to such sanctions as are specified by 24 C.F.R. Part 135. 11. SECTION 503 HANDICAPPED (IF $2,500 OR OVER) AFFIRMATIVE ACTION FOR HANDICAPPED WORKERS: A. The parties will not discriminate against any employee or applicant for employment because of physical or mental handicap in regard to any position for which the employee or applicant for employment is qualified. The contractor agrees to take affirmative action to employ, advance in employment and otherwise treat qualified handicapped individuals without discrimination based upon their physical or mental handicap in all employment practices such as the following: Employment, upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and for training, including apprenticeship. B. The contractor agrees to comply with applicable rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act. C. In the event of the contractor's non - compliance with the requirements of this clause, actions for non- compliance.may be taken in accordance with the applicable rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act. D. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the Director, provided by or through the contracting officer. Such notices shall slate the contractor's obligation to take affirmative action Agreement for Grant Administration Services Page: of a7 Wazoa Countyh,rantWerks to employ and advance in employment qualified handicapped employees and applicants for employment, and the rights of applicants and employees. E. The contractor will notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding, that the contractor is bound by the terms of Section 503 of Rehabilitation Act of 1973, and is committed to take affirmative action to employ and advance in employment physically and mentally handicapped individuals. F. The contractor will include the provisions of this clause in every subcontract or purchase order of $2,500 or more unless exempted by rules, regulations, or orders of the Secretary issued pursuant to Section 503 of the Act, so that such provisions will be binding upon each subcontractor with respect to any subcontract or purchase order as the Director of the Office of Federal Contract Compliance Programs may direct to enforce such provisions, including action for non - compliance. Agreement for Grant Administration services Page a of 17 Brazos cosriy1Grantwcrks AGREEMENT FOR GRANT ADMINISTRATION SERVICES PART III - SCOPE OF BASIC SERVICES Note: Listed services may not be required for this Texas CDBG project, particularly those listed in Sections E, F, G and H. Consultant shall furnish only those services appropriate to the project. A. General Administration 1. Provide general advice to the Client and its staff with respect to the implementation of the project and regulatory matters. 2. Furnish forms, policies, and procedures for implementation of the project. 3. Provide technical assistance to Client personnel who will be directly involved in the program for routine tasks, using the Texas Community Development Block Grant Program (Texas CDBG) - Project Implementation Manual (PIM). 4. Assist Client in developing a record keeping system consistent with program guidelines, Including the establishment and maintenance of program files. 5. Serve as liaison for the Client during normal monitoring visits by staff representatives from either the Texas Department of Agriculture - Office of Rural Affairs (Department) or the U.S. Department of Housing and Urban Development (HUD). 6. Assist Client in meeting all special condition requirements identified in the Department contract. 7. Prepare and submit to Department Client's required Quarterly Progress Report, Minority Business Enterprise Report, and Recipient Disclosure /Update Report. B. Assist Client in meeting citizen participation, personnel, and Section 504 requirements as may be required for participation in the Texas CDBG program. 9. Assist Client in preparing Contract Amendments and Modifications along with related documentation, public hearings, and notices as requested by Client.' 10. Other general administration tasks not listed here that are requested by Client and agreed to in writing by Consultant. B. Financial Management 1. Assist Client in proving its ability to manage the grant funds to the state's audit division. 2. Assist Client in establishing and maintaining a Direct Deposit account and /or separate local bank account, journals and ledgers. 3. Assist Client in submitting the Direct Deposit Authorization Form and/or Depository/Authorized Signatory form to Department. 4. Assist Client in preparation of drawdown requests from Department and disbursements of funds within the allotted time period. 5. Assist the Client in establishing procedures to handle the use of any Texas CDBG program income. C. Basic Acauisition Activities" 1. Prepare required acquisition report(s). 2. Advise Client of general procedures required under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as they pertain to the project. D. Construction Phase Management —Force Account (if raauired)' 1. Assist Client in determining whether and /or what Texas CDBG contract activities will be carried out in whole or in part via force account labor. 2. Assist Client in determining whether or not it will be necessary to hire temporary employees to specifically carry out Texas CDBG contract activities. 3. Assist Client in maintaining adequate documentation of personnel, equipment and materials expended /used and their costs. E. Construction Phase Manaaement— Bid/Contract Type (if reauired) 1. Assist Client in documenting compliance with all federal and state requirements related to equal employment opportunity. fiui eemew for Cra"t.4dministraticrn Services Fdt;= 4 or 11 Cnazes CuuntylvrantWorks i F. 2. Assist Client in documenting compliance with all federal and state requirements related to minimum wage and overtime pay requirements. 3. Provide assistance to or act as local labor standards officer for this project. 4. Request wage rate from Department. 5. Request bid packet, bid advertisement, bid tabulation, and contract prepared by engineer to review upon receipt for compliance with Texas CDBG requirements. 6. Make ten -day call to Department. 7. Verify construction contractor and any subcontractors for eligibility. 8. Submit start of construction documents to Department. 9. Attend (conduct if necessary) pre - construction conference and prepare minutes. 10. Review weekly payrolls and conduct compliance follow -ups. 11. Submit any additional classifications to Department. 12. Coordinate employee interviews to evaluate Davis -Bacon wage compliance. 13. Request from engineer and upon receipt process and submit change orders to Department. 14. Maintain Monthly Employment Utilization Reports. 15. Obtain Certificate of Construction Completion /Final Wage Compliance Report and submit to Department. 1. Assist Client in documenting compliance with all federal and state requirements related to equal employment opportunity, minimum wage and overtime pay requirements 2. Developledit Housing /OSSF Program Guidelines 3. Coordinate with client personnel on guidelines, process /procedures 4. Publicize and conduct program applicant in -take sessions 5. Review program applications for eligibility 6. Track then scoretrank completed, eligible participant applications for Client approval 7. Develop /coordinate applicant agreements 8. Coordinate procurement of third -party experts as needed (lead paint, soil /site evaluator) 9. Coordinate with local officials as needed (inspection, permitting) 10. Develop bid packages 11. Verify construction contractor and any subcontractors for eligibility with Department 12. Conduct pre - construction conferences 13. Process and submit change orders to Client and Department 14. Conduct (Housing) or coordinate (OSSF) required inspections 15. Obtain final permittinspection reports and submit to Department G. Service Line Replacement on Private Property (if reauired) 1. Assist Client in establishing local program guidelines. 2. Prepare proposed guidelines for review by Client and Department. 3. Prepare resolution for Client adopting local program guidelines. H. Equal Opportunity /Fair Housing 1. Maintain documentation of all project beneficiaries by ethnicity and gender. 2. Prepare Section 3 and Affirmative Action Plan. 3. Prepare all Section 504 requirements. 4. Assist the Client in developing, implementing and documenting new activities to affirmatively further fair housing activities during the contract period. 5. Provide all applicable equal opportunity provisions and certifications for inclusion in bid packet I. Audit/Close -out Procedures 1. Prepare the final Project Completion Report, including Minority Business Report, Monthly Employment Utilization Report, Recipient Disclosure/ Update Report, documentation of fair housing activities and Certificate of Completion. 2. Assist Client in responding to any monitoring findings and resolving any third party claims. 3. Provide auditor with Texas CDBG audit guidelines. Agreement for Grant Adminisiraton Services page 10 of 17 S. azos Cour:ty /GrantWerks /89 -.y ,_.2 'Services related to contract amendments or modifications, reassessment of the Environmental Review Record resulting from a contract amendment, or documentation of in -kind contributions or force account labor exceeding $25,000 may be subject to additional charges payable to GrentWorks (see Section IV of this Agreement). "Acquisition Activities may not be required in each project other than the submittal of an "acquisition report" documenting no activities. GrantWorks does not bill for this basic acquisition activity under its standard contract. If additional acquisition services are required, including any or all of the following activities, an additional charge may be negotiated with the Client: obtaining documentation of property ownership, correspondence and notifications to property owners, negotiations, securing signatures, filing of records, securing appraisals or surveys, providing market value estimates, coordinating with appraisers, surveyors, or other third parties. These additional charges will be paid using grant funds if available. At its sole discretion, GrantWorks may choose to donate any additional acquisition services in the interest of successful program implementation and enhanced client relationship. However, costs for any third -party acquisition services shall be the Client's responsibility. Additional General Terms Regarding Third -Party Services Some services will be performed by third -party service providers. Assistance by Consultant with (1) verification of construction contractors or other service contractors, (2) selection of bid award winners, or (3) any other activity relating to contractors, subcontractors, bid award winners or any other third party not directly engaged through a written agreement with Consultant to provide services required to be provided by Consultant under this Agreement (collectively "Third Party Service Providers") or is not intended to be and shall not be construed as an endorsement, representation or warranty by Consultant of any kind relating to such Third Party Service Providers or of the quality of such Third Party Service Providers' work, and all such endorsements, representations or warranties hereby are expressly disclaimed. Assistance by Consultant with the fulfillment of any requirements imposed by third parties, governmental or otherwise, shall not be construed as a representation or warranty, and Consultant makes no representations or warranties, that any particular requirement will be achieved or met, and Consultant assumes no responsibility for the achievement or failure to achieve such requirements. All assistance of Consultant described in this Agreement based on the provision of information to third parties shall be based on information provided by Client, and Consultant shall be entitled to rely on such information without any additional duty of inquiry or investigation. Agreement for Grant Administration Services Page 11 o! 11 £razos +County /Gran Warks BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge DEPT, NUMBER 56001000 DATE OF COURT MEETING: October 22, 2013 ITEM: Request approval for continued participation in the Annual Municipality Trade -In Program Agreement between Clark Equipment Company and Brazos County. See attached trade -in agreement. NOTES/EXCEPTIONS: SUBMITTED BY: R. Alan Munger, P.E. County Engineer CC2013 -Bokat Track Loader -Annual Trade -in Agmnt APPROVED BY: " t,_L4 P244,m,, Commi sinner Lloyd Wassermann Precinct 1 This Request is Approved or) Denied ❑ by Commissioners' Court Date: E. Duane Peters, County Judge /f9 _5s1 1� r ..A of O a"F$� ®'fL Annual Municipality Trade-in Program Agreement This program is good only on Bobcat Skid Steer Loaders, Bobcat Compact Track Loaders, and Bobcat Mini Excavators. Attachments not included. This program is subject to change or cancellation at any time after one year from purchase. Terms and Conditions: The Machine cannot be older than one year from the purchase date. The exchange is to take place after the 11t' month but no later than one year from the date of purchase and before the standard one year warranty expires. The exchange may take place only once in a 12 month period. The unit must be in good running condition with all of the instruments and lights in working order. The customer is responsible for all services and lubrication required following manufactures guidelines and for repair of any damages incurred. Customer is to retain fire and wheel assemblies and the bucket off the trade -In machine. Bobcat of Houston isto retain the tire and wheel assemblies off the new machine. It is the customers' responsibility to remove and replace the tires from both the new and trade -in machines. If the trade -in machine is returned with 500 or less hours, there is no charge for the exchange. A rate of $20.00 per hour will apply to all machine hours above 500. Customer is responsible le for any increase in cost due to but not limited to: • General price increase (Inflation. Materials, etc.) Upgrade in machine size • Addition of any options or accessories If a decrease In machine size occurs, any difference In price may be used toward the purchase of options, attachments or training materials. No cash credit will be given. All machines must be returned In a salable condition. Bobcat of Houston reservesthe right to inspect and examine any trade -in machine, either at customers location or at the Bobcat of Houston Service facility. as (name) (title) acting as an agent for hereby agree to ah the terms and conditions (municipality name) ��aa stated above as a guideline for the trade -in of yje- i i— V%O ;e.r* A3N R19A 3 �r (model and serial number) E (Signature of agent) (Si a of Bobcat of Houston representative) (print name) (date) 1 4 fr � �.f fd-y5•i3 (print name) (date) VOL /0 / - -- P9 TERMS AND COTMITIONS rm N Ka dbT („ A.,,!m]Im<b•XOH•flwll . wne < ePraxwfw. xnPwnrrfWnllmfnlmP�,nw aff+B¢.mwn{aneal�rrmmi:w+:r Nfaenam<N.m+<prem [ wewipmm,WUnmm[POmfxd moNbed b<bwl All ouq PpiuWwken ve n drlyd ie %OraevrMw. 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Housil Orthweat6reeway AGREEMENT Houston 7X77047 Houston 7X77-65 713-413-2200 ax. •888-246-4198 28ice Fax. 28 •888. 661-4669 ad Olfiee Fsx. 71313 -2204 Office Fax. 28177 -8734 Sevice Fez. 713- 434.5363 Service Fax. 281 - 477 -8731 r Dale: 10115113 18340 Northwest Fr"Way, HOUSTON TX 77065 tNWW, bob catofHOUStOn.CO1111 order Subject to the terms and conditions of this Order and the Terms contained on the reverse side, the following customer ('Customer ") purchases rents from Bobcat of Houston ( "BOH ") the folloWing described Equipment to be delivered F.O.S. shipped From on or about the INVOICE TO: BmMS Ccunty SHIP TOIJOB LOCATION: ma LE551,L) Street Address 2617 Highway 21 West P.O. Box Job Site Phone o e r VIA Prepaid F'. City and State 8 n, TX 77603 - CustomerPh.# Purchase Ofdef# _ (- FINANCE PAYMENT 3. USED EQ. SPECIAL TERMS I° Ki ^ PRICE E QTY. MPG. MODEL HR. METER DESCRIPTION SERIAL NO. A3NR12938 S 36.876.28 10737 91 1 10737 1 Bobcat 7590 i 2013 T590 051 5JC PRICE $ 36,676.28 DEP IT: ALLOWANCE $ (34,885.50) COM NTS: NET DIFFERENCE 1.990.78 HYSICAL DAMAGE WAIVER STATE SALES TAX TRADEINf DESCRIPTI N: 2012 77 90 051 SJC Ser #A CITY AL S TAX 3LN4231 Eq# T PTAX FIT TAX FREI H / BCH IVERY UC61 1 DOCUMENTATION FEE OT 1.990.78 FIN C P AYMENT RENTIPURCHASE AT THE RATE OF - SOURCE OF FINANCING i NET ON DELIVERY .RENTAL TO START r NET UPON PER DAYANEEYJMONTFIIFIXED MINIMAL RENTAL PER' INT RATE RECEIPT OF - PURCHASE OPTION I- YES T— NO PLUS -T ERM SALES TAX -PAYMENT FREQUENCY INVOICE - PURCHASE OPTION PRICE $ - PAYMENTS TO START NrFArs + «u :nwama «Ferrwe - LENGTH OF PURCHASE OPTION TERM MEREST RATE �[ M M W WIwr4««l Mr£ FINANCE CHARGE ON RENTALS WITH PU RCHAS PTION OF R - Ia: raonmrwFawNM - - AMOUNT OF DOWN PAYMENT PER MONTH ON UNPAID BALANCE. Limited physical Dama a Waiver(PDW 'AIVOMAREC NOT wARNq rTHEw Y SSE ��L INITIAL OR RE M1 Ph M• � I:.. I.D.w WRMIIT pMITATION.ANY WA. - -N DF nTNE FORA MI W ynp By tour FNNf. you nccepl Itle l<Ims d the POW deslyibed In n h 03! - -- �er..w =«RY pRTIC'c R P D08& r.�RG •h ^A9 LITY 00.1NFwN0' "•" ^ n— vaEr?AW6 AM' 7 on the revere. aide and payment of the POW Fee set forth Have. X O_O �•••a •••n[ a e[W T8 AGEMS Safe Clause Customer must initial) IINaiATlpt'Qn lApnlry 80H4 LMRII ITY ONANY QAr-:: dtn'nin'^.�— .2Tf'�`R A4R'h`O'�OF T LE T EORY F`fRANY TY TQRTIWLQDNG NECLIGEUsL C{:f1P1LT.3RUCi SdiDNMGE ARIStNOOIIT GF GINOaW acsna«kdRls and egraea Wl(a)Cusbmer NS rerRivetl ell -- -^ _-'_OR - D`� -'TWC RE[r -'EN T UtFROM THE PE_ONMMNCE AGREEMENT [meRFMTAL.OR I7E AROF ANY GOGeSCOVF}EO OF I. _.- RYOi FIawIS1EQ /a Mara4M mi... 1. parwoW to we Equlpmant,(b) - --- - -- � _ ^�YRC<A ''•n TE PURCNARPRICLRRcIJf � OE10 IMnN after. CI:Namar atoll lie solar, espy ,we fur the training d all wMinnant N INNO LE%E§19M (l ^R'••T^E IIuA Tn TG EOUIPf.ENT tinICH Dlh�c recF mlNFrLM. MNDEVENI SV.+_ -�BOH r•at�AMr Mention; in and me safe and legN upwatlon of the Equipment Wthln ie eON r_- ['_c-° -v_: - ^_ -MP,e V^ Mesn"s'_CR PLMRIVEDNAGES _INCLUOING31fTNOrIIMn £ n TO LRRT epedhed peMnence feWgnhies.(cl 8011 has offered the Customer ur...0 AIO COST OF rAJER inNrintion In To proper Ina of the Ep iornmt (d) Custom.[. at Its saw INITIAL -FITC IN THE ,m, whin aM twerN, Nate and local laws. regdetims THE L1w3 OF c��STA.€B C..: .�T^E.°:1 ^CEeTANLATAM=0NWARRANn E3 OP V[ecrvc5 M89FAR. ANO ONLY and aNinances, releWywme usedme E4Uipnlent 111CIWing •^maut F,yFNTale-'.N ALA'A'PPPLILB. THE FOREGOMG EXCLU81pN8 A•'� "• " "TIONaA -- AMENDED limaadon m,agaarionaol the OMUPeaopal Eatery and Heath X PQ1II1 D cAe LAWS, Mministo'hon. WAVE READ, UNDERSTAND, AND ADREE WITN ALA. I THESE TERa18 "o THOSE OCMTMNED ON THE REVERSE Entire Agreement (Customer must initial) Tirol CUSTOMER Ipunc e1 nleeseel: MILE PATE TnR AgnemwLlnrudnpme leml4 nn.'.relMVae Nde. reDltlMl m. elDre eY ` �[ /J7 undenenelq m me penes era me Agreanenl woe cedes any Pkr X apleements (eml a «dttml rp0d ✓q me maven DuRroa naeh. W tams er poefll. N ma Aalee'eml may M ✓mended. trained. ... . sox heged. or I pLI SALES ARE FINAL hl,n,a de[ttplby°+'nem''"sbumeml Ngnn byarlMiZM rePeseMaEVes 'vt Phil NAME. I" al harm.. AMshal nW be n lobed or wemralel try Nfe'.to� ft -sn". pen ... ne 0 4eiing, usage d dada, a chins. of De X Tye. IT, Ternary Ao.'.'en 7. NEW FACTORY WARRANTY I— 2. NO WARRANTY EXPRE55ED OR IMPLIED F 3. USED EQ. SPECIAL TERMS I° Ki BILL TO: s4 eta or r, BRAZOS COUNTY a° Auditor's Office P.C. Box 914 f * Bryan, TX 77603 n e LN1Y OT 94T4 V 92443 FAX: 701- 280 -7860 E CLARK EQUIP COMPANY INC N BOBCAT COMPANY 0 250 E BEATON DR R L WEST FARGO ND 58078 J PURCHASE ORDER NO. 14000586 PAGE NO. 1 H F-BRAZOS COUNTY ROAD AND BRIDGE I 1 2617 WEST HIGHWAY 21 P BRYAN, TEXAS 77802 T L O ATTN: KAY TRACY .J ORDER DATE: 10/09/13 BUYER: KEN CHADWICK REG. NO.: 00044780 REO. DATE: 101091 13 TERMS: NET 30 DAYS F.0.8.: DESC.: BOBCAT TRADE AGREEMENT SE ITEM QUANTITY I UOM I DESCRIPTION j UNIT PRICE I EXTENSION 01 1.00 EA TRADE AGREEMENT T550 BOBCAT COMPACT 1990.7800 1,990.78 TRACK LOADER QUOTATION # 18404DO18545 ITEM! OPASION /ACCOUNT AMOUNT PROJECT CODE PAGE TOTAL S 1,990.78 TOTAL $ 1,990.78 01 56002000 65320000 1,990.78 OVED -BY �alrDavl PUR ASIN BRAZOS COUNTY IS EXEMPT FROM SALES TAX 197 J!� Iq BID # 2013 -63 ROADSIDE VEGETATION MANAGEMENT October 22, 2013 - September 30, 2014 Roadside; Inc Edko, LLC Estimated' ` Hama Description Miles or acre 1 Chemical Mowing 375.92 ; $95.00 $396.00 Cast /Application Chemical Mowing Cost for 375.92 $285.00 $1,188.00 2 3 Applications /Year 3 Brush Spraying Cost /Acre 120 MAX "$SOU.00 before November 15th and. 5335�after November 15th $420.00 4 Reference Scores 10 pts 10 pts Recommended Award: Roadside, Inc rd Approv d b C mm� \iss_ioi Court on this r�— day of �L 2013 by ��, -iOing the position of Vol. l Pg. INVITATION TO BID ROADSIDE VEGETATION MANAGEMENT ANNUAL CONTRACT BRAZOS COUNTY PURCHASING DEPT 200 South Texas Ave, Suite 352 Bid Request No. 2013 -63 Bryan, Texas 77803 Page 1 of 10 Pages Telephone (979) 361 -4294 Bids will be received at the Brazos County Administration Building, Purchasing Department, 200 South Texas Ave Suite 352, Bryan, Texas until 2.00 p.m., Tuesday October 15, 201 3. at which time bids will be publicly opened and read aloud. A. SCOPE OF BID Bids are solicited for furnishing the merchandise, supplies, service, and /or equipment set forth in this bid request for a one (1) year period beginning October 22 2013 throueh September 30, 2014 in accordance with the following Conditions of Bidding. B. CONDITIONS OF BIDDING The following instructions apply to all bids and become a part of terms and conditions of any bid submitted to the Brazos County Purchasing Office, unless otherwise specified elsewhere in this bid request. All bidders are required to be informed of these Terms and Conditions and will be held responsible for having done so: Definitions: In order to simplify the language throughout this bid, the following definitions shall apply: a. BRAZOS COUNTY - Same as County. b. COMMISSIONERS' COURT - The elected officials of Brazos County, Texas given the authority to exercise such powers and jurisdiction of all county business as conferred by the State Constitution and Laws. C, CONTRACT - An agreement between the County and a Supplier to furnish supplies and /or services over a designated period of time during which repeated purchases are made of the commodity specified. d. CONTRACTOR - The successful Bidder(s) of this bid request. e. COUNTY - The government of Brazos County, Texas and its authorized representative. f. SUB- CONTRACTOR - Any contractor hired by the Contractor or Supplier to furnish materials and services specified in this bid request. g. SUPPLIER - Same as Contractor. 2. Upon acceptance and approval by the Commissioners' Court, this bid effects a working contract between Brazos County and the successful bidder for the period designated. [Vol __4E7 Pg._` Bid Continuation Sheet Bid Request No. 2013 -63 BRAZOS COUNTY, TEXAS Page 2 of 12 Pages 3. Bids must be received by the Purchasing Office prior to the time and date specified. The mere fact that the bid was dispatched will not be considered; the bidder must have the bid actually delivered. a. The County reserves the right to accept or reject in part or in whole, any bids submitted, and to waive any technicalities for the best interest of the County. 5. Brazos County shall not be responsible for any verbal communication between any employee of the County and any potential bidder. Only written specifications and written price quotations will be considered. 6. Brazos County reserves the right to reject any bid that does not fully respond to each specified item. 7. Bidder must include Employer Identification Number for the bid to be valid. 8. Should there be a change in ownership or management; the contract shall be canceled unless a mutual agreement is reached with the new owner or manager to continue the contract with its present provisions and prices. This contract is nontransferable and may not be reassigned by either party. 9. The County may cancel this contract at any time for any reason, provided a thirty- day written notice is given. 10. The bid award shall be based on, but not necessarily limited to, the following factors: a. Unit price b. Extended price C. Special needs and requirements of Brazos County d. Results of testing samples (if required by Brazos County) e. Delivery f. References g. Brazos County's experience with products bid h. Vendor's past performance record with Brazos County. 11. Although the cost of products to be provided is an essential part of the Bid, Brazos County is not obligated to award a contract on the sole basis of cost but will award to vendor considered to be the best value to Brazos County. 12. Acceptance of merchandise, work, and/or equipment provided shall be made by the 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 the County of any and all documentation as may be required. 13. Title and Risk of Loss of the goods shall not pass to Brazos County until the County actually accepts and takes possession of the goods at the point or points of delivery. Bid Continuation Sheet BRAZOS COUNTY, TEXAS Bid Request No. 2013 -63 Page 3 of 12 Pages 14. This agreement shall be governed by the Uniform Commercial Code as adopted in the State of Texas as effective and in force on the date of this agreement. 15. Bids must be submitted on quantities and units of measure specified by the bid documents. In the event of errors in extended prices the unit price shall govern. Any suggested change in quantity on the part of the bidder to secure better price or delivery is welcomed and may be given consideration provided that the bidder also bids on the quantity specified. 16. Bids must specify the number of consecutive calendar days required to deliver the commodities under normal conditions. Failure to specify delivery time will be considered reason enough to cause the bid to be disregarded. Delivery time quoted will be given consideration in awarding orders. If delivery is not made within a reasonable time of the specified delivery in the bid, the entire order or contract may be canceled and the bidder barred from quoting in future bids. 17. Bids cannot be altered after receiving time. No bid may be withdrawn after opening time without acceptable reason and with the approval of the Purchasing Agent. 18. Bids must be submitted on this form and returned in a sealed envelope clearly marked with Vendor Name and Bid Number to ensure proper recognition upon its arrival. Bids will not be considered if submitted by telephone, fax or any other means of rapid dispatch, nor will a bid be considered if submitted to any other person or department other than specifically instructed. Bids received after the expressed date and time listed in this bid will be returned unopened to the vendor. Bids submitted by any other person or department other than the Brazos County Purchasing Department will not be accepted. 19. If vendor in receipt of notice is unable to bid, the bid should be submitted as a "No Bid" and returned to the Purchasing Department before opening time. This is necessary if vendor wants to remain on vendor list and receive future bid notifications. 20. Bids must show full firm name, mailing address and telephone number and be manually signed by an authorized sales or quotation representative of the bidder. Firm name and authorized signature shall appear in each space provided. 21, In the event of a needed change in the specifications sent to the bidder, it is understood that all the foregoing terms shall apply to the addendum or addenda. 22. It is our policy not to furnish bid results over the phone. Bid results and tabulation sheets will be posted on the Brazos County web site; Brazos Valley Online Bidding. System (www.brazosbid.cstx.gov) after bid award by Commissioner's Court. Vol. /*09 pg. Got Bid Continuation Sheet Bid Request No. 2013 -63 BRAZOS COUNTY, TEXAS Page 4 of 12 Pages 23. Brazos County reserves the right to extend this s coat act ri gel no to maximum of three (3) additional one (1) y periods terms or conditions of this contract, if agreed upon by both parties. 24. The successful offeror agrees to extend prices and terms to all entities that has entered or will enter into joint purchasing inter -local cooperation agreement(s) with Brazos County. 25. If sample testing is required, Brazos County will perform test through a third party. Vendor will be required to allow the third party access to the facilities in order to acquire samples for testing. Failure to submit requested testing may disqualify bid. 26. Three (3) references are to be provided by bidder. Failure to submit references may result in disqualification of bid. 27, Contractor shall observe and comply with all federal, state and local laws, safety, and health regulations, ordinances, and all regulations which in any manner effect conduct of the work or services being performed. 28. In order to insure the safety of the public, the Contractor shall coordinate all work or deliveries with the Road and Bridge Department. 29. Any Subcontracting must be approved prior to commencement of the contract by the County Engineer and Brazos County. ;p. Any variation from the specifications in this bid document must be indicated on the bid or on a separate attachment to the bid and labeled as such. 31. Any brand name, or manufacturer's reference used is considered to be descriptive —not restrictive — and is indicative of the type and quality the County desires to purchase. Bids on similar items of like quality will be considered only if it is noted in the bid documents, and accompanied by fully descriptive product literature. All substitutions will contain the same active ingredients in the same percentages of the items listed in the bid. If notation of substitution in not made, it is assumed the vendor is bidding the item specified. 32, The County does not guarantee to purchase any minimum or maximum quantities. If any quantities are listed in the bid, they are estimated quantities used for calculating purposes only. 33. In the event the Supplier is unable to furnish any item within a reasonable time after order is placed due to strikes, war or any reason beyond the Supplier's control, the County reserves the right to purchase these items from any source, without causing this contract to be canceled. I Bid Continuation Sheet BRAZOS COUNTY, TEXAS Bid Request No. 2013 -63 Page 5 of 12 Pages 34. The successful vendor should submit itemized invoices with clearly marked remittance copies to the following address; ATTN: Auditors 200 South Texas Ave, Suite 218 Bryan, TX 77803 Statements of accounts will not be sufficient to warrant payment. Unless other arrangements have been made; all invoices to be paid in full within 30 days after satisfactory delivery of commodities and or services and receipt of invoice at the listed address. Checks will be made payable to the successful vendor only, and shall not include sub - contractors, assignees; or any other parry. 35. As a governmental subdivision, Brazos County is exempt from most types of taxes, including but not limited to sales tax, excise tax, and import duties. Such costs must not be included in bid prices. Tax Exemption Certificates can be obtained upon request by contacting the Brazos County Purchasing Department - (979)361 -4290. 36. Upon acceptance of a purchase order for any commodity or materials purchased by Brazos County, the vendor agrees to protect the county from any claim involving patent right infringement, copyright infringement, sales franchise disputes. 37. Unless otherwise specified, all items ordered from the successful vendor must be new, unused, and in first class condition. Products usually packaged for commercial sale shall be furnished in proper container so as to facilitate storage and handling. 38. Potential Vendors are advised they may have disclosure requirement pursuant to Texas Local Government Code, Chapter 176. This law requires persons desiring to do business with the County to disclose any gifts that have an aggregate value in excess of $250.00 given to any employee of the County, County Official to the County Official's family members or employment of any employee of the County, County Official or the County Official's family members during the preceding twelve (12) month period. The disclosure questionnaire must be filed with the Brazos County Clerk. Refer to Texas Local Government Code, Chapter 176 for the details of this law. 39. Bidder understands that Brazos County is a government subject to Texas State and Federal public information statutes. Bidder hereby waives any obligation to the release to the public of any documents submitted in accordance with this bid C. SPECIAL PROVISIONS All deliveries are to be made F.O.B. Brazos County Road and Bridge Department, during regular working days, and between the hours of 7:30 A.M. and 5:00 P.M. vol. If 99 F 4�/ Bid Continuation Sheet Bid Request No. 2013 -63 BRAZOS COUNTY, TEXAS. Page 6 of 12 Pages Monday through Thursday, unless otherwise requested by the County and loaded into County trucks by the Supplier; or loaded and hauled and delivered anywhere in the County by the Supplier during the mentioned working days and hours. 2. Vendor will be required to notify the County Engineer's Office in the event of unforeseen delay arising in the delivery of a specified shipment. in the event a shipment will not arrive at the job site within two (2) hours of designated time Brazos County shall have the right to refuse acceptance of the order. 3. Vendor will be required to deliver to Brazos County Road and Bridge Department or job site in Brazos County when and where requested and remain on the job with truck and operator as long as required to completely place load. 4. Brazos County reserves the right to test any materials delivered at the requested site for compliance with specifications. The Bidder will remove immediately from the job site or right of way any materials that are deemed unsatisfactory. 5. Material Safety Data Sheets and Placards must be furnished at the time of delivery as specified by State and Federal Regulations (IF APPLICABLE). 6. Any Vendor vehicles traveling on County roads will not exceed its legal gross weight. D. INSURANCE REOUIREMENTS The Bidder shall instruct his insurance agent or carrier to furnish to the County a Certificate of Insurance attesting to the issuance of the following parts of this section, Please note that such Certificates of Insurance and any required bonds must be issued and then approved by Brazos County Risk Management. The Certificate of Insurance must be approved by Risk Management before any deliveries can be made. 2. The Bidder shall furnish and keep in full force the following insurance during the term of this Contract: a. Statutory Workmen's Compensation and Employer's Liability Insurance with waiver of subrogation. b. General Liability must be endorsed for Commercial Herbicide Application including Right of Ways and adjacent property with 1,000,000 per occurrence and 3,000,000 aggregate. Brazos County shall be named as additional insured. Insurance Company must be licensed to do business in the state of Texas and registered with the Texas Insurance Commission. C. Comprehensive Automotive Liability with single limits of $1,000,000 for Bodily Injury and Property Damage Liability. d. Cargo Insurance to sufficiently cover materials transported. 3. All of the aforementioned policies and Certificates of Insurance should be issued immediately after the Bidder receives notification of award. I Vol. /� 9 i.y ��'' Bid Continuation Sheet BRAzOS COUNTY, TEXAS Bid Request No. 2013 -63 Page 7 of 12 Pages 4. The Vendor agrees to hold harmless Brazos County from any and all claims and liability. due to the acts of the Vendor's employees and the operation of his equipment. The Vendor also agrees to hold harmless Brazos County from any and all expenses, including attorney fees, incurred by Brazos County in litigation or otherwise resisting such claims or liabilities as a result of the Vendor's employees' activities. Further, the Vendor agrees to protect, indemnify and hold harmless Brazos County from and against all claims, demands and causes of action of every kind and character brought by any employees of the Vendor against Brazos County due to personal injuries and/or death to such employee resulting from any neglect act, by either commission or omission on the part of the vendor or Brazos County. E. RELEASE The Contractor assumes full responsibility for the work to be performed hereunder, and hereby releases, relinquishes, and discharges the County, its officers, agents, and employees from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to or death of any person (whether employees of either party or other third parties) and any loss of or damage to any property (whether property of either of the parties hereto, their employees, or of third parties) that is caused by or alleged to be caused by, arising out of, or in connection with the Contractor's work to be performed hereunder. This release shall apply regardless of whether said claims, demands, and causes of action are covered in whole or in part by insurance, and in the event of injury, death, property damage, or loss suffered by the Contractor, any subcontractor, or any person or organization directly or indirectly employed by any of them to perform or furnish work on the project, this release shall apply regardless of whether such injury, death, loss, or damage was caused in whole or in part by the negligence of the County. F. REFERENCES Vendors shall provide a list of at least three (3) references, where work done in Texas and comparable in quality and scope to that specified has been performed within the past five (5) years. This list should include the names, phone number and email of the company /entity for which the prior work was performed to contact these references. A negative reference may be grounds for disqualification of bid. Company /Entity: Ur___L�A 3P L-0 Contact: (6cle P Phone: *-n- 882 - 750 Email: e:510 wve OR CD 04!65• - tX Irk tq s 4�l.l Bid Continuation Sheet BRAZOS COUNTY, TEXAS Company /Entity: (C Ad,S o (w S Contact: -cu_, & 6 cAC Phone: 403 513 5)17 Email: n Company/Entity: (ibt?�,r_ -� 66 -re Contact: Uwr- Phone: .281- 7&t— V31 Email: G. VENDOR REQUIREMENTS Bid Request No. 2013 -63 Page 8 of 12 Pages I, Contractor must comply with OSHA, EPA, and Texas Department of Agriculture regulations along with Dept. of Public Safety and motor vehicle standards and regulations. 2. Contractor must have had a commercial pesticides (herbicides) license and must submit a copy of this license with the bid. 1 Herbicide manager must have at least 10 years' experience applying herbicides; include a resume and be currently licensed in the category of Right of Way pest management. Copies of current licenses must be submitted with the bid. 4. Herbicide manager must provide herbicide label and Material Safety Data Sheet of all chemicals being used for this bid. 5. Herbicide applicator must maintain a daily log sheet of acres sprayed, herbicide rate, roads sprayed, and water usage. All information must be submitted to the county with the invoice at completion. A blank daily log must be submitted with bid. A different daily log may be required from that which is submitted. 6. Herbicide applicator must have a minimum of one (1) year experience in roadside spraying, a current herbicide applicators license for state of Texas. Contractor must submit copies of licenses and years' experience with bid. 7. Contractor shall keep at least two strobe /amber lights and/or a flashing arrow board in operation while vehicle is spraying. Traffic Control Plan in accordance with TxDOT Standard TCP (3 -Ic). ,CounLy_wilLpravide..lead and/or trail vehicle as determined by County Engineer. Bid Continuation Sheet Bid Request No. 2013 -63 BRAZOS COUNTY, TEXAS Page 9 of 12 Pages 8. Contractor shall have a chemical spill plan and the spray truck shall have a spill clean -up kit on board. 9. if wind is greater than 10 mph and /or rain is imminent, spraying must cease until weather conditions are more favorable. 10. Spraying shall be performed thirty (30) minutes before daylight through or up to thirty (30) minutes after dark. Night work may be acceptable only upon written approval of County Engineer. l 1. Contractor is fully responsible for chemical storage, handling, and container disposal. 12. Contractor is fully responsible and liable for any damage as a result of off -site drift to include any dominate perennial grass. 13. Contractor is required to submit on a separate sheet, a list of jobs completed in the last two (2) years including any right -of -way work completed in the past. List should include contact information for the company or entity the work was done for along with results of that completed job. 14. Contractor is required to submit on a separate sheet, five (5) examples of non -target damage and how it was addressed by company. (Ex: trees, gardens, fish kill, etc.)Failure to disclose can result in bid disqualification. 15. Contractor is responsible to referring to Attachment A for the areas to be treated. After award of bid contractor will be responsible for contacting the County Engineer to schedule a plan of action prior to any work being started. H. SPECIFICATIONS Chemical Mowing 1.1 The application of selective herbicides on roadsides to control and/or inhibit seed head formation of native grasses and control weeds. 1.2 The variable width right -of -way shall be sprayed the greater of'. 30 feet wide to control unwanted vegetation or to the back of the roadside drainage ditch and suppress growth of desirable vegetation. 1.3 Vegetation shall be treated up to 30 foot wide from shoulder of the road out. Area behind the back of the drainage ditch shall be spot- treated if greater than 15 feet from edge of shoulder. 1.4 3 applications will be performed as deemed necessary. Contractor to be responsible for the exact timing in order to keep grass at an acceptable level. The first treatment will be in December —only spray to back of roadside ditch with spot treatment beyond ditch, the second treatment will be in April (full width of ROW after wildflowers have completed bloom period), and a third treatment in July (full width of ROW). 1.5 Herbicide Selection (for all herbicide applications, a sufficient surfactant and drift control agent must be applied per acre) von. 9.__- Py. L� Bid Continuation Sheet Bid Request No. 2013 -63 BRAZOS COUNTY, TEXAS Page 10 of 12 Pages a. Round 1- Oust plus Roundup b. Round 2- Imazapyr plus Oust Extra C. Round 3- Outrider plus Plateau plus Roundup "Generic Herbicides may be used with approval from county engineer 1.6 No herbicides are to be mixed in the water tank (only drift control agent and surfactant). The sprayer will inject herbicides into spray stream (using a minimum of 25 gallons of water per acre) and be adjusted for speed and swath variance by computer controller such as a Tase 6300 made by Mid -tech. A radar mounted on the bed of the truck is required to convey travel speed to the computer. Computer must tabulate acres sprayed, herbicide applied in fluid oz. and distance traveled. Spray rig must be truck mounted, possess boom less spray nozzles, and be able to spray at 10 mph or faster. The road -side truck must have 1000 gallons or larger holding capacity. Equipment must have a backwash preventive system in place. 2. Brush Spraying 2.1 The application of selective herbicides to control brush from encroaching into the right of way. Applications will be from road's edge and will extend out to a maximum width of twelve feet. 2.1 Areas to be treated are dirt roads /paved roads 2.2 Specific for Brazos County, Texas roads - Spraying 120 miles of roads at a width of up to 20 feet on both sides of the road. There will be 1 application per year and a guarantee for 2 years of no encroachment in the Right of way after application. 2.3 Timing of application will generally be near the month of October as determined by Brazos County Engineer. 2.4 A sufficient surfactant and drift control agent must be applied per acre for all herbicide applications. Approved chemicals are: a. Garlon 4 at I qt/acre b. Milestone at 7oz per acre C. Escort at 3 oz per acre 2.5 Truck must be able to spray up to 20 feet horizontally as well as 10 -15 feet vertically from the edge of the pavement using a chemical injection system. No herbicides are to be mixed in the water tank only drift control agent and surfactant. The sprayer will inject herbicides into spray stream (using a minimum of 50 gallons of water per acre) and be adjusted for speed and swath variance by computer controller such as a Tasc 6300 made by Mid -tech. A radar mounted on the bed of the truck is required to convey travel speed to the computer. Computer must tabulate acres sprayed, herbicide applied in fluid oz. and distance traveled. Application equipment must be truck mounted, must use boomless spray nozzles and be able to spray at 10 mph or faster. Truck sprayer must be 1000 gallons or larger. Spray apparatus must have been in use for at least one year. Equipment must be' able to pull water from a fire hydrant and having a backwash preventive system in place. — Vol. l 9 d y Bid Continuation Sheet BRAZOS COUNTY, TEXAS Bid Request No. 2013 -63 Page 11 of 12 Pages and be able to spray at 10 mph or faster. Truck sprayer must be 1000 gallons or larger. Spray apparatus must have been in use for at least one year. Equipment must be able to pull water from a fire hydrant and having a backwash preventive system in place. 1. QUOTATIONS The following is an estimate of our anticipated purchases and will be used ONLY for tabulation purposes. The specified estimates are not guaranteed minimums. Fill in the blanks with the unit price that is firm for the contract period. CHEMICAL MOWING Quotations are to be submitted using per mile per application basis Estimated 375.92 miles treatment per application (Contractor Supplies Herbicides) COST/MILE qs 00 �35� % / %HOf/ePP4itekion' 2. Estimated 375.92 miles - three times a year (Contractor Supplies Herbicides) COST/MILE ?5S ou 10"/.137. ?D jPw yee-r) BRUSH SPRAYING Quotations are to be submitted using per acre application basis 1. Cost to treat per roadway mile of ROW (120 miles maximum) 2F t*ea> erg VOce COSTr�b # g00 po ejEr ^W 3 aare5/r4A : >r(v�• ���nrlG j rr {rea4e� Ht*ef— dos } /Acfe 3�5. °° eshra S pur6s�i+i�e - IjooeJ`�76w- is*t" Bid Continuation Sheet BRAZOS COUNTY, TEXAS Bid Request No. 2013 -63 Page 12 of 12 Pages INVITATION TO BID 2013 -63 ROADSIDE VEGETATION CONTROL CONTRACT J. CERTIFICATION OF BID The undersigned affirms that they are duly authorized to execute this contract, that this bid has not been prepared in collusion with any other vendor, and that the contents of this bid have not been communicated to any oth (vendor prior to the official opening of this bid. SIGNED BY: v /I� T7TLE: TYPED NAME: COMPANYNAME: �hG�S�dGJ ZNf PHONE: '3's1- 837'1173 MAILING ADDRESS: 703a I ee fZA 13`7 61rc SI P.O. Box or Street TX EMAIL ADDRESS: VENDOR IDENTIFICATION NUMBER: — 95 -NO2IS�e Zip CORPORATE SEA], IF SUBMITTED BY A CORPORATION END OF BID REQUEST NO. 2013-63 rrr+ srssrttsrrsrrstrr+ srt sssrtstrrtrstssrtrtrrts• srtsssr+ sstrtsrrss +ssssrstrrsrrsrstrrss By signing below, Brazos County agrees that this bid, 2013 -63, will be awarded as dictated on the associated bid tabulation shect,to the vendor whose name appears above and both parties agree to the terms and conditions contained herein. By: �O y ,� Bid Continuation Sheet BRAZOS COUNTY, TEXAS Brazos County Commissioner's Court V- Attest: Brazos County Bid Request No. 2013 -63 Page 13 of 12 Pages VOL __L� %._.. P9. 1. Boyd County Kentucky Fall 2012- Homeowner on a road that RSI sprayed complained that the herbicides that we were spraying to kill chemically side trim the brush was going to kill her bees. ➢ Met with the Homeowner Personally Provided her and the court documentation.showing that the herbicides uses would have no effect on the bees. Had a specialist from the Kentucky Department of Ag come in to test the honey comb, test results showed 0% contamination. 2. Liberty County Texas Summer 2013- Concerned citizen complained about the herbicides that we were spraying contaminated the drinking water of the county. ➢ RSI had the county commissioner call a town hall meeting where each concerned citizen could come and voice their opinion about the spray program ➢ RSI met the several citizens and discussed pollution issues ➢ RSI Informed the citizens that the herbicides being used were not toxic to people, livestock, or fish. 3. Clinton County Kentucky Summer 2013- Farmer complained that we had some off target damage on his tobacco crop. ➢ A representative from RSI visited with the farmer and assessed the damage to the farmers tobacco crop and found that drift had in fact contaminated a small portion of his field. ➢ The farmer and the RSI rep came to an agreement of the value of the damaged crop and wrote the farmer a check for the full amount of the value of the tobacco crop. 4. Garland County Arkansas Summer 2013- Citizen complained that we had sprayed his privet hedge. • RSI Rep visited the citizen to assess the damage of the privet hedge. • RSI Rep found that our applicator did in fact spray the privet hedge( this hedge is typically considered and invasive species and is routinely sprayed to be removed) • After speaking with the citizen we were able to come to an agreement that he was just upset about the spraying and no money or reimbursements were required. S. Anderson County Texas Spring 2013- Citizen complained about the looks of the ROW and wrote a article for the local paper that they published without researching the citizens facts. ➢ A RSI rep along with the county commissioner went to the paper and had the editor run another article correcting the false information. ➢ There have been no more complaints from this county. Vol /9 % pg. 73 Client#: 155459 62ROADSIDEIN ACORD,- CERTIFICATE OF LIABILITY INSURANCE 10/0712013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: if the certifwte holder Is an ADDITIONAL INSURED, the pdky(ks) must be endorsed. N SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate doss not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER Nq Fiona Cushman J Smith Lanier & Co of Opelika FHRME e,e , 334 7493481 AJC NPI: 334 7454785 P. O. BOX 828 Eras: fcushmatiMsmNhlamer.com Opelika, AL 36803 MIRE ) AFMRGINC COVERAGE NAN;I 334 7493401 INSUFMRA: United Fire & Casualty Company 13021 - -- _ ..- - -' -- 4A47e I"Llaun Roadside Inc 1770 Phllmore Court Auburn, AL 38830 REVISION COVERAGES CERTIFICATE NUMnCN: - -- BEEN ISSUED TYRE INSURED NAMED ABOVE FOR THE POLICY PERIOD THIS Is TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS INDICATED. NOTWITHSTANDING ANY REOUIREMENT, TERM OR CONDITION BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS Own— 115—W Po TYPE OF MM:ESPMIR POLICY Mu Meast M Y POl1CY Lhi 4/2512013 0Y4/22C5l201 EACH OCO IRRENCE till 0 000 uABILRY 60414104 pENTEO FSD BDD MERCLLL GENE I Ea onu,enw MEOW ells S ODD CLAIMSAIADE PERSONAL i ADV INJURY S 1 OOO,OOO ZGE GENERALAGGREGATE s2000,000 PRODUCTS -coMpa AGO 3$000000 GREGATE UMIT S CY X PR6 COMBINED SINGLE LIMIT 1 DOO ODD 60414104 5121113 041251201 s A AuTOmOMLELVIMutY SOOAY INJURY (Per lxl O) $ X ANYAUro ALL OWNED SCHEDULED oosrlNJUR (PlexMaM) —.. OB - - -- AUTOS PROPER, DAMAOE S NDNOWNED it _ X HIRED AUTOS X AUTOS f uMSRELLA UAa OCCUR EACH OCCURRENCE S - EX LAS CWMSOAADE AGGREGATE i i DED RETENTIONwe STATLL 004 rYORNERI COMPENSATION -- -- EIEACHACCIDENT Alto EMPLOYEES, YAB0.ITY YIN B PROPRIETORIPARTNEWEXECUTNE V CEMEMBEREXCLUDEDt � NIA E.1- DISEASE• EA EMPLOYEE S (MrIIraNXY io Nln Iyaa, OaaRNa unar E.L. DISEASE• POLICY LIMIT B DESCPTiDN OF OPERATION$ ba N G2427441AO02 Ift,0512013 0412512014 1,008,00012,000,000 B Pollution Llabll G2427441AD02 4/2512013 04125/201 1,000,00012,000,000 B Professional Llab OESCRPTIONOFOPERATIONS /LOCATIONSIVEHICLES(AMA ACORD101,AdaelomiRemaraS dMe.lfP a.I..quires) contract but only with respects to the Certificate Holder is Included as additional insured as per written general liability Insurance and subject to the provisions and limitations of the pollCy.Waiver of subrogation applies coverage is primary & non contributory. Bid Request# 2013 -63 Brazos County Purchasing Dept 200 South Texas Ave Suite 352 Bryan, TX 77803 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2010105) 1 oft The ACORD name and logo are re lstered marks of A"""CORD 0S20502681M2050227 VOI. / ��— CORPORATION. All rights reserved. HZM w ,may qw+ CS 0 Vol. /�9 Pg. __Z� ! r e � �rI WON ..i Lu w i" 5isbtd r y� 0 R $ U�j *k y� K W W VJ �.J Y ILnd V F +S a4� y r� F §ty w ,may qw+ CS 0 Vol. /�9 Pg. __Z� ! /I'.IEMl\'..,. C/ 3 { t Vol. _1 [ 7 Py Jlmrnn rolan' 4.1V. "I'll, f� Brazos County *,Herbicide Turf Treatment Areas W S BRAZM courrrx TEXAS v L�:-=7aL a � J /I'.IEMl\'..,. C/ 3 { t Vol. _1 [ 7 Py Jlmrnn rolan' 4.1V. "I'll, f� Brazos County Purchasing Department 200 S. TX AVE., SUITE 352 BRYAN, TX 77803 PHONE (979) 361 -4290 FAX (979) 361 -4293 BRAZOSCOUNTY BID/RFP/RFQ DOCUMENTATION SHEET The Purchasing Department would like to request Commissioner's Court approval to advertise and go out for Bid on the following: DATE: October 16, 2013 BID NUMBER: 2014 -01 REQUEST FOR PROPOSAL NUMBER: REQUEST FOR QUALIFICATIONS NUMBER: TITLE: Seal Coat REQUESTING DEPARTMENT: R &B APPROVAL SIGNATURE: Duane Peters, County Judge DATE APPROVED: Mu, 13 Fo.._ 09% 7/ BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT: Road and Bridee DEPT. NUMBER: 56001000 DATE OF COURT MEETING: October 22, 2013 ITEM: Consider and take action on acceptance of the roads (portion of Saddle Creek Drive, Stetson Drive, Ranch House Road, Bunkhouse Drive and Ranch House Court) and associated roadway drainage structures of Saddle Creek Subdivision Phase 78 into the Brazos County road maintenance system. Site is located in Precinct 1. NOTES /EXCEPTIONS: • Brazos County will assume no responsibility for drainage ways or easements other than those adjacent and parallel to the rights of way or otherwise labeled as public easements. • Private drainage ways and easements shall be maintained by the individual property owner or the HOA. • Brazos County shall maintain the roadway, shoulders and drainage facilities which directly drain the roadway and associated ditches. • The HOA shall be responsible for mowing and landscape maintenance of all rights of way /easements. SUBMITTED BY: R. Alan Munger, P. E/ County Engineer ` CC2013- Saddle Creek Phs 7B -Cnuniy Maintenance APPROVED BY: 2°I._ c+J'444j, kt,- A�� Commis honer Lloyd Wassermann Precinct 1 This Request is Approved IJ (or) Denied 0 by Commissioners' Court Date: E. Duane Peters, County ,ludge Vol. ,�1_� P9• --� - "- z1 BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT: Road & Bridge MEETING DATE: October 22, 2013 SUBJECT: Private Property Access Request permission to enter private property owned by Thomas and Nancy Baber located on Straub Road. Project will clean and remove silt and /or brush from drainage channel. Rip -rap material will be place in and along channel to control erosion. This work is being performed for the health, safety and welfare of the general public. Site is located in Precinct 1. SUBMITTED BY: J .. Salvato Right of Way Agent This request is APPROVED BY: Lloyd assermann Commissioner Precinct 1 / DENIED ❑ by Commissioners' Court Duane Peters, County Judge DATE: I OT? / fl [Vol . Pg y i J Z2 BRAZOS COUNTY PRIVATE PROPERTY ACCESS FORM E. Duane Peters Brazos County Judge Lloyd Wassermann Commissioner Pd 1 Sammy Catalan Commissioner PC. 2 Kenny Mallard Commissimer Pct. 3 Irma Cauley Commissioner Pct.4 OWNER(S): Thomas and Nancy Baber R. Alan Munger, P.E. county Engineer Brazos County Road & Bridge Dept. 2617 Hwy 21 West Bryan. Texas 77803 Office'. 979- 822 -2127 Fax: 979 - 775 -0453 ramunger@brnoscounW.gov Il. ADDRESS: 6046 Straub Road College Station, Texas 77845 III. LOCATION OF WORK: Same as above R304735 — A -13, Samuel Davidson, tract 29.01,11.023 acres IV. DESCRIPTION OF WORK: Project will clean and remove silt and /or brush from drainage'channel located on private property. Rip -rap material will be placed in and along channel to control erosion. Fence and water gap will be rebuilt, if necessary. This work is being done for the health, safety and welfare of the general public. Additional Comments: V. MAINTENANCE: Yes X No IF YES, ESTIMATE FREQUENCY OF MAINTENANCE: County will maintain the site only when necessary for continued adequate drainage of roadway. I (we) the undersigned owner(s) grant permission to Brazos County the ability to access the above mentioned private property for roadway maintenance purposes. Owner's Signature: K / R. Alan Munger, P.E. County Engineer Vol. pj Pg._a Date: Salvato of Way Agent 23 BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge DEPT. NUMBER 56001000 DATE OF COURT MEETING: October 22.2013 ITEM: Consider and take action on the Reolat of Lot 9 and Lots 23 -24 Green Branch Ridge Subdivision Phase Three (recorded in BC Official Records Volume 11068 Page 69), 5.98 Acres, Richardson Perry Survey, A -44 Brazos County. Texas Site is located in Precinct 2. SOURCE OF FUNDS: N/A EXCEPTIONS/REQUIREMENTS: NOTES: • Owner /Developer: Beard Family Partnership LLP/Bluestone Partners LLC or Surveyor: Kling Engineering &Surveying SUBMITTED BY: APPROVED BY: R. Alan Munger, P.Ef missio Sammy Catalena County Engineer Precinct 2 CC -2013 Green Branch Ridge Ph 3- Replan Lots 9 -23 -24 This Re t is PROVED / DENIED J by Commissioners' Court E. Duane Peters, ounty Judge 1D/aa�13 Date f_ y! -- Brazos County Pre- Application for Plat Approval Date: Master Plan Final Plat Re -Plat x Amending Plat Date & Time assigned for Application and Plat Review with County Engineer or Planter: Description of Property: Lots 9, 24 and 25 -S.98 acres in Green Branch Ridge Ph. 3 Subdivision Name: Green Branch Ridge Ph. 3 - Replat of Lots 9, 23 and 24 Property Location: Green Branch Loop off Steep Hollow Road Legal Description: Lot 9R - 3.36 Acres. Lot 23R - 2.62 Acres in Richardson Perry Survey, A -44 Applicant or Authorized Agent: Stewart Kling Phone Number (s): 979 - 846 -6212 This is a notification to Brazos County that a plan for development exists for this noted piece of property. This is not the official Application for Development. This also does not commit the Applicant listed above to file an Application for Development or to file any type of plat for Record. All properties within the County of Brazos are submitted to the rules and regulations set up by the Brazos County Conmtissioners Court. Copies of the Brazos County Subdivision and Development Regulations and the Brazos County Flood Damage Prevention Ordinance are available from the Brazos County Engineering and Planning Departments. All applicants are encouraged to review the regulations prior to any plat submittal. Attached is a general check list to be used by a Registered Engineer or Registered Professional Land Surveyor, licensed by the State of Texas, for the sole purpose of summarizing the needs of a finished plat. All County and City Ordinances and Regulations must be met, This is not a short list of details of said regulations. Details of the items listed are in said ordinances, and said ordinances take precedence over this check list. 25 /3 plicants Si Date of Signature Comments: �%� Pq -�- 26 BRAZOS COUNTY,'rEXAS BUDGET AMENDMENT(S) FOR THE 2012 -2013 BUDGET YEAR NO. 12/13 53.1 — 53.3 On this the 22nd day of October 2013 at a regular meeting of the Commissioners' Coed, the following members were present: A. Duane Peters, County Judge, Presiding B. Lloyd Wassermann, Commissioner, Precinct I C. Sammy Catalena, Commissioner, Precinct 2 D. Kenny Mallard, Commissioner, Precinct 3 E. Inna Cauley, Commissioner, Precinct 4 F. Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on 22nd day of October 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 22nd day of October 2013. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. By: Duane Peters, County Juale Original: County Clerk's Office and Attached to the original budget Copies: County Auditor County Treasurer County Budget Officer Commissioners' Court Minutes V01. _ / '9 _ Pg �3 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12/13 - 53.1 10/2212013 FUND DIV ACCT PROD DR/CR ACCOUNT NAME Increase Decrease OIDO 11001500 61130000 CR Contingency 6,000.00 0100 36000100 61880000 DR Utilities 000.00 General Fund Contingency and Ex o To allocate additional funds for utilities for the end of FY 2013- Vol. Is %- P9• —�__� BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12113 - 53.2 10122/2013 FUND DIV ACCT FROJ E NTNAME Increase Decrease 0100 280M)100 71500000 3,000.00 0100 28000100 61950000 3,1100.00 in Sheriff - Administration Reallocation of funds for vehicle maintenance to close out FY 2013. Pg, �� BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12113 - 53.3 Vol /9 Pg. w_ . BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2013 -2014 BUDGET YEAR NO. 13/14 3.1-3.15 On this the 22nd day of October 2013 at a regular meeting of the Commissioners' Court, the following members were present: A. Duane Peters, County Judge, Presiding B. Lloyd Wassermann, Commissioner, Precinct 1 C. Sammy Catalena, Commissioner, Precinct 2 D. Kenny Mallard, Commissioner, Precinct 3 G Inna Cauley, Commissioner, Precinct 4 F. Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on 22nd day of October 2013 the Court heard and approved abudget amendment for the 2013 -2014 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 10 September 2013, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 22nd day of October 2013. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS, By: UC - -- Duane Peters, County Judge Original: County Clerk's Office and Attached to the original budget Copies: County Auditor County Treasurer County Budget Officer Commissioners' Court Minutes Vol _- Pq �7 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 13114 - 3.1 lf9? d'y BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 13114 - 3.2 Ff iI .k� RIP, Jpk fnd BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 13/14 • 3.3 21 013 nnmi _4glr 017 820 7 3,� C Vol. __ Y Pg. _ ACCT 67670000 65540000 PROJ DR1CR CR Prinicro DR Co 1072 2 ACCOUNT NAME icr /Printcr/rax Maim. Increase 198.00 Decrease 198.00 FUND 0100 0100 DIV 14000200 14001200 I.T. Services a re lacement fuser for a countv orinter. Eurchase nnmi _4glr 017 820 7 3,� C Vol. __ Y Pg. _ BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 13114 - 3.4 FUND 0100 0100 3M0 3(R0 3000 3100 3000 IV 11000500 31210 312100 312100 312100 ACCT 51820000 91320000 49028000 51200000 53100000 53200000 53NIOD 1S01 PROJ OR /CR CR DR CR '1 DR DR OR DR lV /<CIGVW ACCOUNT NAME Merit Pa Transfer to Grant Funds ransfer from General Fund Salary - Dent Heads Social '1c1"Iilv Retirement Workers C0111 Increase c.36U.00 5,360.00 4.319.00 330.00 605.00 106.00 106.00 Decrease 5 360.00 Non-Departmental and TJJD - State Aid Rrdlocation of funds to cover meri t award for ersonnel with effective date as of 10/2612013, P ma�aByr'4,`iaisi2 fin ts 10 �7 pg._ � BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 13114 - 3.5 j IN S 7� 3� Ili tsreprRd sle vFZa Vol. P9•� BRAZOS COUNTY. TEXAS BUDGET AMENDMENTS No. 13M4 - 3.6 IVOL Pg. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 13!14 - 3.7 nnm; �w,: r�a��`��''�1oi� Vol ___ Pg. �� BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 13114 - 3.8 pop,.s y "sldM h x,fz''." re°Pred 9y ^T`n�m% 9_ Pg.-fV- BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 13114 - 3.9 r- BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 13114 - 3.10 al f7 Pg,1�_ BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 13114 - 311 Pi6�iared, y^ ,tS�a�' m +. .172013 Vol f / pg. 1 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 13114 • 3.12 p[,epore By 1011P2014e VOL � � � Pg..A to Vila �y IhPpm,: Aa , sw tn: t� f *Tn�JT12013! BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 13114 - 3.13 - -- - - -- - - -- - ��9 pq / BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 13114 - 3.14 for Road & BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 13114 - 3.15 Pct. 3. /� J Pq /DZ Revised agenda wording: M Approval of the attached requisitions for the purchase of law enforcement vehicles: a. Req. 00044973 HLK Auto Group 9 Dodge Chargers $209,54615 b. Req. OOD44927 Dallas Dodge 2 Dodge Chargers $ 44,560.00 PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: October 22, 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 272nd District Court Montoya, Ernest Merit Parker, Lisa Merit Rodriguez, Connie Merit District Clerk Burns, Kadie Resignation Justice of the Peace Pct. 4 Garcia, Mary Merit Vela, Elizabeth Merit Juvenile Boardman, Kylie Cummings, Christopher Storm, Jenna Pre -Trial Intervention Watkins, David S.O. Admin. Anelli, Phillip Aranda, Jody Bowling, Marlys Krc, Helene Ledesma, Ricardo Navarro, Mary Sifuentez, Anna D. Smith, Terry L. Smolinsky, Lauren Stumpf, Michael Wallace, Hugh Promotion New Hire New Hire Budget Change Budget Change Budget Change Budget Change Budget Change Merit Budget Change Budget Change Budget Change Budget Change Budget Change Budget Change i Welch, Michael Budget Change Wheat, Lee A. Budget Change S.O. Jail Anderson, Randall Resignation Tax Office Gooden, Catrina New Hire Pobletts, George New Hire/Temp. Approved in Commissioners' Court: October IT County Judge's or Commissioner's Signature: (This Copy to be attached to minutes_ Vol . % Pg. �03�