HomeMy WebLinkAbout2013-12-10-10:00AM-REGULAR MEETING^ h
BRAZOS COUNTY
BRYAN,TEXAS
NOTICE OF MEETING AND AGENDA
BRAZOS COUNTY COMMISSIONERS COURT
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THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN
REGULAR SESSION ON DECEMBER 10, 2013 AT 10:00 AM IN THE
COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION
BUILDING, 200 SOUTH TEXAS AVE., SUITE 106, BRYAN, TX 77803
1. Invocation and Pledge of Allegiance - U.S. and Texas Flag - Chaplain G.H. Jones and
Judge Peters.
2. Call for Citizen input and /or concerns.
3. Presentation(s)
Update from the Brazos Valley Groundwater Conservation District.
Consider and take action on agenda items 4 - 28:
4. Proclamation 13-022 proclaiming April as Fair Housing Month.
5. Resolution 13.022 to designate authorized signators for the 2013 Texas Capital Fund Contract 713032,
6. Resolution 13-023 to adopt a Section 3 Local Opportunity Plan.
7
Consider resolution 13.024 to adopt an Excessive Force Policy.
g, EClvis Master Subscription and Service Agreement.
10. Interlocal agreement between Bryan Independent School District and Brazos County for funding of the
Read by Third Program.
vol
Funding Agreement between Brazos County and Bryan /College Station Convention and Visitors
Bureau for the amount of $25.000.00.
12.
13. Capital requisition #00045471 to Skyline Communications in the amount of $10.530.00 for Building
Maintenance to purchase 25 radios.
14. Capital reouisition #00045474 to Ash Automated Control Systems in the amount of $6.880.00 to
complete the Expo chiller plant proiect.
15.
16.
17
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19.
20.
21
Consider and take action on the Halcon Resources utility permit to install temporary 10" aluminum
water line through roadway culvert located on Wilcox Lane. Prolect will provide water to oil welt. She is
located in Precinct 2.
private propertV for erosion control. This work is being pertormed for the health, safety and welfare of
the general public. Site is located in Precinct 2.
Tax Refund Applications for the following:
• a. Wells Fargo Home Mortgage - overpayment- $185.53
• b. River Oaks Park - overpayment- $24.86
• c. Brandon & Stacey Adams - overpayment- $11.96
• d. Wells Fargo Home Mortgage- ovemaymem- $205.98
22. Commissioners Court minutes for the following dates:
• a. November 5, 2013 - Regular Meeting
• b. November 5, 2013 - Public Hearing
• c. November 5. 2013 - Mass Gatherma Public Hearin
• d. November 12. 2013 - Regular Meeting
• e. November 15. 2013 - Special Meeting
• f. November 19. 2013 - Regular Meeting
• 0. November 26, 2013 - Regular Meetino
23. Budget Amendments.
Budget Amendments FY 13'14 10.1 thru 10.6
24, Capital requisition #00045306 to Visual Pro 360 In the amount of $40.393 to purchase MDTS &
arbitrators.
Fg `7 `3
25. Personnel Change of Status.
Personnel Action Forms
26. Payment of Claims.
27. Convene into Executive Session pursuant to Texas Government Code 551.074 to
discuss personnel matters and 551.0725 to deliberate business and financial issues
relating to a contract being negotiated.
28. Consider and possible action on the Executive Session.
29. Sheriffs report on inmate population.
30. Announcement of interest items and possible future agenda topics.
31. Call for Citizen input and /or concerns.
32. Adjourn.
pg. ��
PUBLIC COMMENTS
Public Comment during the Commission Meeting may be for all matters, both on and off the agenda, and be limited to four
minutes per person. Persons are invited to submit comments in writing on the agenda hems 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 16 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 61.024 of the Texas Loral 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 CourL Those members of the public who are inappropriately attired and/or who do not conduct themselves
in an orderly and appropriate manner will be ordered to leave the meeting. Refusal to abide by the Court's Order and/or
continued disruption of the meeting may result in a Contempt of Court Citation.
it is not the intention of the Brazos County Commissioners Court to provide a public forum for the demeaning of any individual
or group. Neither is it the intention of the Court to allow a member (or members) of the public to insult the honesty and/or
integrity of the Court, as a body, or any member or members of the Court, or County employees, individually or collectively.
Accordingly, protons, 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 speakers time;
2. removal from the Commissioners Court;
3. a Contempt Citation; and/or
4, such other and/or criminal sanctions as may be authorized
under the Constitution, Statutes and Codes of the State of Texas.
The County Commissioners Court can deliberate or take action only If a matter has been listed on an agenda property posted
prior to the meeting. During the public comment period, speakers may address matters not listed on the published agenda. The
Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court. However,
responses from the County Judge or Commissioners to unlisted public comment topics could become deliberation on a matter
without notice to the public. To ensure the public has notice of all matters the Commissioners Court will consider, the County
Judge and/or Commissioners may choose not to respond to public comments, except to correct factual inaccuracies, recite
existing policy In response to an inquiry or to ask that a matter be listed on a future agenda. See Texas Open Meetings Act ?
551.042.
INVOCATION
Any invocation that may be offered before the official start of the Court meeting shall be to and for the benefit of the Court. The
views or beliefs expressed by the invocation speaker have not bean previously reviewed or approved by the Court and do not
necessarily represent the religious beliefs or views of the Court in part or as a whole. No member of the community is required
to attend or participate in the invocation and such decision will have no impact on their right to actively participate in the
business of the Court
The Commissioners Courtroom of the County Administration Building, 200 South Texas Ave., Suite 106, Bryan, TX 77603 is
wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two
working days before the meeting. To make arrangements, please call (976) 361 -4102.
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BRYAN,TEXAS
MINUTES
December 10, 2013
BRAZOS COUNTY COMMISSIONERS COURT
REGULAR MEETING
19 Signature Paae.pdf
19 File Stamped Aaenda.pdf
39 Sian in sheet.pdf
A regular meeting of the Commissioners' Court of Brazos County, Texas was held in
the Brazos County Commissioners Courtroom in the Administration Building, 200
South Texas Avenue, in Bryan, Brazos County, Texas, beginning at 10:00 a.m. on
Tuesday, December 10, 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 Judge Peters.
2. Call for Citizen input and/or concerns.
There was no citizen input.
3. Presentation(s)
Vol. Pg._�
Update from the Brazos Valley Groundwater Conservation District.
14 Item 3.odf
Mr. Alan Day with the Brazos Valley Groundwater Conservation District gave the Court
an update on the objectives from January through November and their status.
Consider and take action on agenda Items 4 - 28:
4. Proclamation 13 -022 proclaiming April as Fair Housing Month.
3D Item 4.pdf
The County Judge read aloud Proclamation 13 -022 proclaiming April as Fair Housing
Month in Brazos County and urged all citizens of this locality to become aware of and
support the Fair Housing law. A copy is attached.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard ,
Peters, Wassermann .
5. Resolution 13 -022 to designate authorized signators for the 2013 Texas Capital Fund
Contract 713032.
M Item 5. pd
Resolution 13 -022 authorizes the County Judge to execute contractual documents
between the Texas Department of Agriculture and Brazos County for the 2013 Texas
Community Development Block Grant Program. A copy is attached.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard , Peters,
Wassermann.
6. Resolution 13 -023 to adopt a Section 3 Local Opportunity Plan.
1? Item 6.odf
The County Judge read aloud Resolution 13 -023 adopting section 3 Local Opportunity
Plan for Grant Programs. 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 .
Consider resolution 13 -024 to adopt an Excessive Force Policy.
fl Item 7.odf
Bill Ballard, Civil Counsel clarified Article 1 saying that it did not agree with Sheriff Office
policy.
Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner
Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard ,
Peters, Wassermann .
8. Consider and take action on request for approval of a one -time exception to Section
2.01.2 and 2.01.3 of the Brazos County Personnel Policy Manual to allow a Road and
Bridge employee to expend unused annual vacation balance in excess of the maximum
allowable through January 17, 2014. Request is made due to scheduling conflict with
contractor work in county right of way requiring continuous county personnel supervision.
10 Item 8.Dd f
Motion: Approve, Moved by Commissioner Lloyd Wassermann, Seconded by
Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena , Cauley,
Mallard , Peters, Wassermann .
9. ECivis Master Subscription and Service Agreement.
2 Item 9.0df
The Court approved as submitted the ECivis Master Subscription and Service
Agreement as submitted. Cost to Brazos County will be $4,930 annually. Term of the
contract is from January 1, 2014 through December 31, 2016. A copy is attached.
Motion: Approve, Moved by County Judge Duane Peters, Seconded by Commissioner
Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard, Peters,
Wassermann.
10. Interlocal agreement between Bryan Independent School District and Brazos County for
funding of the Read by Third program.
H Item Modf
The Court approved as submitted and Interlocal Agreement between Bryan Independent
School District and Brazos County, Texas to participate in the Read by Third
Program. This Agreement is authorized by the Interlocal Cooperation Act. Local
Government Code Annotated Section 791. The term of the Agreement is for the period of
one (1) year commencing on October 1, 2013 and ending on September 30, 2014. A
copy is attached.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by County Judge
Duane Peters. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard , Peters ,
Wassermann.
11. Funding Agreement between Brazos County and Bryan /College Station Convention and
Visitors Bureau for the amount of $25,000.00.
L' Item 11.odf
The Court approved as submitted an Agreement between Brazos County, Texas and the
Bryan /College Station Convention and Visitor's Bureau. In exchange for funding in the
amount of $25,000, the Bureau will promote and develop tourism in Brazos County. The
term of the Agreement shall be for a period of twelve (12) months effective October 1,
2013 through September 30, 2014. A copy 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 .
12. Approval of the capital purchase of twenty -five (25) hand -held radios for Facilities
Services and the Landscape Crew. Seventeen (17) hand -held radios in the total amount
of $12,350 were approved for FY 14. Due to pricing, the additional radios will not have
an increase in cost.
ICJ Item 12.odf
Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by
Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena , Cauley,
Mallard, Peters , Wassermann .
13. Capital requisition #00045471 to Skyline Communications in the amount of $10,530.00
for Building Maintenance to purchase 25 radios.
Ib Item 13.odf
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Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by
Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley,
Mallard, Peters, Wassermann .
14. Capital requisition #00045474 to Ash Automated Control Systems in the amount of
$6,880.00 to complete the Expo chiller plant project.
Fl Item 14.odf
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley ,
Mallard, Peters, Wassermann .
15. Consider and take action on application and approval process for county authorization of
seismic /geophysical operations within Brazos County right(s) of way. Companies will
submit a letter of request along with the application. See attached draft format of
application.
s� Item 15.odf
A copy of the application format 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 permission to enter private property owned by Roy and Cindy Brantley located
on I &GN Road. Project will collect survey and topographical information for
drainage study along Hopes Creek and its associated tributaries. This work is being
performed for the health, safety and welfare of the general public. Site is located in
Precinct 1.
It Item 16.odf
Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by
Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena , Cauley ,
Mallard , Peters , Wassermann .
17. Consider and take action on the Halcon Resources utility permit to install temporary 10"
aluminum water line through roadway culvert located on Wilcox lane. Project will provide
water to oil well. Site is located in Precinct 2.
H Item 17.odf
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena,
Cauley, Mallard, Peters , Wassermann.
18. Consider and take action on the Halcon Resources utility permit to install temporary 10"
aluminum water line through roadway culvert located on Dilly Shaw Tap Road. Project
will provide water to oil well. Site is located in Precinct 2.
39 Item 18.odf
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena ,
Cauley, Mallard, Peters , Wassermann .
19. Request permission to enter private property owned by Don H. Kopetsky located on
Kopetsky Road. Project will clean trees and brush along creek channel. Roadway culvert
will then be relocated and replaced once creek channel is realigned to correct drainage
issues. Rip -rap material may be placed on private property for erosion control. This work
is being performed for the health, safety and welfare of the general public. Site is located
in Precinct 2.
19 Item 19.Ddf
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley,
Mallard, Peters, Wassermann.
20. Request permission to enter private property owned by Jana R. Moore located on Dilly
Shaw Tap Road. This project will repair erosion at the Wickson Creek bridge. Rip -rap
material will be placed on private property for erosion control. This work is being
performed for the health, safety and welfare of the general public. Site is located in
Precinct 2.
L Item 20.Ddf
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena,
Cauley, Mallard , Peters , Wassermann .
21. Tax Refund Applications for the following:
ID Item 21.Ddf
• a. Wells Fargo Home Mortgage- overpayment - $185.53
• b. River Oaks Park - overpayment - $24.86
• c. Brandon & Stacey Adams - overpayment - $11.96
• d. Wells Fargo Home Mortgage- overpayment - $205.98
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters ,
Wassermann.
22. Commissioners Court minutes for the following dates:
• a. November 5, 2013 - Regular Meeting
• b. November 5, 2013 - Public Hearing
• c. November 5, 2013 - Mass Gathering Public Hearing
• d. November 12, 2013 - Regular Meeting
• e. November 15, 2013 - Special Meeting
• f. November 19, 2013 - Regular Meeting
• g. November 26, 2013 - Regular Meeting
Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by
Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley,
Mallard , Peters , Wassermann .
23. Budget Amendments.
Budget Amendments FY 13/14 10.1 thru 10.6
17 Item 23.Ddf
10.1 Reallocate funds for Hotel Occupancy Tax Funds
10.2 Reallocate funds for Capital Projects
10.3 Reallocate funds for Information Technology Services
10.4 Reallocate funds for Information Tecnology Services
10.5 Transfer funds from Contingency to S.O. Jail
10.6 Reallocate funds Information Technology Services
Fo___ -�_L =-110
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by County
Judge Duane Peters. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard ,
Peters, Wassermann .
24. Capital requisition #00045308 to Visual Pro 360 in the amount of $40,393 to purchase
MDT's & arbitrators.
B Item 24.Ddf
Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner
Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters,
Wassermann.
25. Personnel Change of Status.
Personnel Action Forms
14 Item 25.Ddf
A copy of the personnel Change of Status Requests is attached.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard,
Peters, Wassermann .
26. Payment of Claims.
7116779 through 7116961
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena,
Cauley, Mallard, Peters, Wassermann .
27. Convene into Executive Session pursuant to Texas Government Code 551.074 to
discuss personnel matters and 551.0725 to deliberate business and financial issues
relating to a contract being negotiated.
D Item 27.Ddf
At this point, the County Judge announced the Court would consider items 29 through 31
then return to convene into Executive Session.
Having considered the previously noted agenda items, at 10:42 a.m. the County Judge
announced in order to be able to meet under 551.0725 the Court would have to make a
few determinations first. Texas Government Code Section 551.0725 provides that the
Commissioners Court of a county may conduct a closed meeting to deliberate business
and financial issues relating to a contract being negotiated if, before conducting the
closed meeting:
(1) the Commissioners Court votes unanimously that deliberation in an open meeting
would have a detrimental effect on the position of the Commissioners Court in
negotiations with a third person; and
(2) the attorney advising the Commissioners Court issues a written determination that
deliberations in an open meeting would have a detrimental effect on the position of the
Commissioners Court in negotiations with a third person.
q Pg.
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At this point the County Judge asked counsel if he had issued a written determination
that deliberation in an open meeting would have a detrimental effect on the position of
the Commissioners Court in negotiations with a third person. Mr. Ballard replied in the
affirmative and introduced his determination that advised the Court to make a recording
of the proceedings of a closed meeting to deliberate the information. A copy of the
determination is attached.
The County Judge then made the motion to meet in executive session pursuant to Texas
Government Code 551.0725 because deliberation in an open meeting would have a
detrimental effect on the position of the Commissioners Court in negotiations with a third
party. Commissioner Cauley seconded the motion and it passed unanimously.
The County Judge then announced the meeting closed to the public so that the Court
could meet in Closed Executive Session to discuss personnel matters and to deliberate
business and financial issues relating to a contract being negotiated as allowed under
Section 551.074 and 551.0725 of the Texas Government Code. The following individuals
were asked to stay for the meeting:
Ruth McLeod, Administrative Assistant
Bill Ballard, Civil Counsel
Kendra Suhling, Civil Counsel
Irene Jett, Budget Officer
Wayne Dicky, Jail Administrator
Jim Stewart, Chief Deputy
Motion: Approve, Moved by County Judge Duane Peters, Seconded by Commissioner
Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard , Peters ,
Wassermann.
28. Consider and possible action on the Executive Session.
At 11:21 a.m. the County Judge announced the meeting open to the public and
announced that no action would be taken on the Closed Executive Session.
29. Sheriff's report on inmate population.
Wayne Dicky, Jail Administrator stated there were 561 inmates in jail, 35 have electronic
monitors and 11 are pending for monitors.
30. Announcement of interest items and possible future agenda topics.
There were no announcements.
31. Call for Citizen input and /or concerns.
There was no citizen's input.
32. Adjourn.
The foregoing minutes of the Commissioners Court meeting held December 10. 2013
have been examined and are approved in open Court this lq day of
2014, in Bryan, Brazos County, Texas.
County Judge
Sammy Catale
Commission &, Precinct 2
Irma Cauley `--�
Commissioner, Precinct 4
Attest:
Lloyd V assermarm
Commissioner, Precinct 1
Q�
Kenny Mallard
Commissioner, Precinct 3
/\" Y)'1( di ceps _
Karen McQueen
County Clerk
Vol / 9 Page -3
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Proclamation
Fair Housing Month
WHEREAS Title VIII of the Civil Rights Act of 1968, as amended, prohibits discrimination in
housing and declares it a national policy to provide, within constitutional limits, for fair
housing in the United States; and
WHEREAS The principle of Fair Housing is not only national law and national policy, but a
fundamental human concept and entitlement for all Americans; and
WHEREAS The National Fair Housing Law, during the month of April, provides an opportunity for
all Americans to recognize that complete success in the goal of equal housing
opportunity can only be accomplished with the help and cooperation of all Americans.
NOW, THEREFORE, BE IT PROCLAIMED that the Commissioners Court of Brazos County, do
proclaim April as Fair Housing Month in Brazos County and do hereby urge all the citizens of this
locality to become aware of and support the Fair Housing law.
PROCLAIMED this eday of , 2013.
Duane Peters
L Ara"...
Comdiissioner Lloyd Wassermann
Precinct 1
Commissioner Ke " Mallar
Precinct 3
County Judge ZZ&7—
Vmmtissier Sammy Catalena
13 -022
VOL _ / %02— Pg. G
RESOLUTION I3 -022
RESOLUTION OF THE BRAZOS COUNTY, TEXAS, AUTHORIZING DESIGNATED
SIGNATORS FOR CONTRACTUAL DOCUMENTS FOR REQUESTING FUNDS
PERTAINING TO THE TEXAS COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM 2013 TEXAS CAPTIAL FUND CONTRACT 713032
WHEREAS, Brazos County has received a 2013 Texas Community Development Block Grant award and;
WHEREAS, it is necessary to appoint persons to execute contractual documents and documents requesting
funds from the Texas Department of Agriculture, and;
WHEREAS, an original signed copy of the TxCDBG Depository/Authorized Signatories Designation Form
(Form A202) is to be submitted with a copy of this Resolution, and;
WHEREAS, Brazos County acknowledges that in the event that an authorized signatory of the County
changes (elections, illness, resignations, etc.) the County must provide TxCDBG with the
following:
• a resolution stating who the new authorized signatory is (not required if this original resolution
names only the title and not the name of the signatory); and
• a revised TxCDBG Depository/ Authorized Signatories Designation Form (Form A202).
NOW, THEREFORE, BE IT RESOLVED BY THE BRAZOS COUNTY, TEXAS, AS FOLLOWS:
The County Judge be authorized to execute contractual documents between the Texas Department
of Agriculture and the County for the 2013 Texas Community Development Block Grant Program
The County Judge, County Treasurer, and County Auditor be authorized to execute the State of
Texas Purchase Voucher and Request for Payment Form documents required for requesting funds
approved in the 2013 Texas Community Development Block Grant Program
PASSED AND APPROVED BY THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS,
on ie�LP,Y b6r Q 2013.
ZCoun VJudge
Clerk
Vol, % Pg. - %
5
RESOLUTION 13 -023
RESOLUTION OF BRAZOS COUNTY ADOPTING SECTION 3 LOCAL OPPORTUNITY
PLAN FOR GRANT PROGRAMS
WHEREAS, the County's participation in the TXCDBG Program requires that it strive
to attain goals for compliance to Section 3 regulations by increasing opportunities
for employment and by contracting with Section 3 residents and businesses within
Its jurisdictional boundaries in accordance with an adopted Section 3 Local
Opportunity Plan.
THEREFORE, the Commissioners Court hereby resolves to adopt a Section 3 Local
Opportunity Plan, attached hereto and incorporated herein.
ed and adopted by the Commissioners Court of Brazos County, Texas, on the
I day of Dlunber , 2013.
County Judge
Attest:
County Clerk
I
II SECTION 3 LOCAL OPPORTUNITY PLAN . II
In accordance with 12 U.S.C. 1701u, (Section 3), of Brazos County agrees to implement the
following steps, which, to the greatest extent feasible, will provide job training, employment and
contracting opportunities for Section 3 residents and Section 3 businesses of the areas in which
the program /project is being carried out.
A. Introduce and pass a resolution adopting this plan as a policy to strive to attain goals for
compliance to Section 3 regulations by increasing opportunities for employment and
contracting for Section 3 residents and businesses.
B. Assign duties related to implementation of this plan to the designated Equal Rights Officer.
C. Notify Section 3 residents and business concerns of potential new employment and
contracting opportunities as they are triggered by grant awards through the use of: Public
Hearings and related advertisements; public notices; bidding advertisements and bid
documents; notification to local business organizations such as the Chamber(s) of
Commerce or the Urban League; local advertising media including public signage; project
area committees and citizen advisory boards; local HUD offices; regional planning
agencies; and all other appropriate referral sources. Include Section 3 clauses in all
covered solicitations and contracts.
D. Maintain a list of those businesses that have identified themselves as Section 3 businesses
for utilization In grant funded procurements, notify those businesses of pending contractual
opportunities, and make this list available for general Grant Recipient procurement needs.
E. Maintain a list of those persons who have identified themselves as Section 3 residents and
contact those persons when hiring /training opportunities are available through either the
Grant Recipient or contractors.
F. Require that all Prime contractors and subcontractors with contracts over $100,000 commit
to this plan as part of their contract work. Monitor the contractors' performance with respect
to meeting Section 3 requirements and require that they submit reports as may be required
by HUD or the State to the Grant Recipient.
G. Submit reports as required by HUD or the TDRA regarding contracting with Section 3
businesses and /or employment as they occur; and submit reports monthly that identify and
quantify Section 3 businesses and employees.
H. Maintain records, including copies of correspondence, memoranda, etc., which document
all actions taken to comply with Section 3 regulations.
As officers and representatives of Brazos County, we the undersigned have read and fully agree to
this plan, and become a party to the full implementation of this program.
�0 -6
E. Duane Peters, County Judge Date
Vol,_ / Xg Pg.
RESOLUTION 13 -024
A RESOLUTION ESTABLISHING RULES AND REGULATIONS REGARDING THE USE
OF EXCESSIVE FORCE DURING NONVIOLENT CIVIL RIGHTS DEMONSTRATIONS,
INCLUDING PHYSICALLY BARRING ENTRANCE TO A FACILITY OR LOCATION
WHICH IS THE SUBJECT OF SUCH DEMONSTRATION, AND PROVIDING
PENALTIES FOR VIOLATIONS THEREOF IN BRAZOS COUNTY, STATE OF TEXAS,
AS FOLLOWS:
ARTICLE I
Section 1: It is the policy of Brazos County to prohibit the use of excessive force by the
law enforcement agencies within its jurisdiction against any individual
engaged in nonviolent civil rights demonstrations. The County also prohibits
the physical barring of any entrance to, or exit from, such a facility within its
jurisdiction.
ARTICLE II
Section 2: It is the policy of the County to enforce this policy to the full extent allowed by
law.
ARTICLE III
Passed and adopted by the Commissioners Court of Brazos County, Brazos County, State
of Texas, on the IM day of Lhh r 2013.
County Judge
Attest:
e-
ounty Clerk
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BRAZOSCOUNTY
COMMISSIONERS' COURT ACTION FORM
DEPARTMENT Road and Bridge DEPT. NUMBER 56001000
DATE OF COURT MEETING: December 10. 2013
ITEM: Consider and take action on request for approval of a one -time exception to Section
2 01 2 and 2.01.3 of the Brazos County Personnel Policy Manual to allow a Road and Bridge
employee to expend unused annual vacation balance in excess of the maximum allowable
through January 17 2014 Request is made due to scheduling conflict with contractor work in
county right of way requiring continuous county personnel supervision.
NOTES /EXCEPTIONS:
SUBMITTED BY:
/4
R. Alan Munger,
County Engineer
APPROVED BY:
44 &l"fu�
Co�ioner Lloyd Wassermann, Pct. 1
Road and Bridge Liaison
This Request is Approved M (or) Denied Q by Commissioners' Court
Date: 1,91/0
E. Duane Peters, County Judge
Vol. /9.2 Pg. %1
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eCIVIS
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This Agreement is made by and between:
eCivls, Inc., a Delaware corporation ('eChds )
418 N, Fair Oaks Ave. #301
Pasadena, CA 91103
Fax: (626) 828.9232
Sates Contact:
Corey Coil
Page 1 of 7
ECNIS MASTER SUBSCRIPTION AND SERVICE AGREEMENT
Date 11/1512013
Contract No. 7053
and County of Brazos, TX ("Customer)
300 E 26th St
Bryan, TX 77603.5359
Plane: (979) 361.4359
Principal Contact and Master Access Holder:
Katie Conner, County Auditor
This Agreement, and the Exhibits attached hereto, set forth the business relationship between the parts$ and the terms and conditions
under which the following products are licensed and services are provided to Customer, and supersedes all previous agreements
between eCivis and Customer.
Subsoription Period(s) and Payment Terms
The Subscription Period of this Agreement will conclude 12/31/2016. Payment is due net 30 days from Invoice date.
Cycle 1: 1/01/2014 through 12/31/2014 for a price of S 4,930
Cycle 2: 1/01/2015 through 12/312015 for a price of $ 4,930
Cycle 3: 11012016 through 12131,1`20116 far a price of 6 4,930
PRICE IS ONLY VALID IF AGREEMENT IS SIGNED ON OR BEFORE: December 23, 2013.
Renewal Terms - Additional extension of this agreementwill ocGur as fiulk)�vsi
This agreement will be eligible for renewal for extended periods through a mutually agreed upon purchasing vaMde executed before
the expiration of the subscription period listed above. No guarantees are made as to rate. access, or included services within this
agreement. Purchasing vehicles executed after the lenninabon date of this agreement are subject to then- current retail rates for all
services provided.
IN WITNESS WHEREOF, the parties hereto have caused to be executed or executed this Consulting Agreement as of the day and year fort above
written, r
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Subsoription Period(s) and Payment Terms
The Subscription Period of this Agreement will conclude 12/31/2016. Payment is due net 30 days from Invoice date.
Cycle 1: 1/01/2014 through 12/31/2014 for a price of S 4,930
Cycle 2: 1/01/2015 through 12/312015 for a price of $ 4,930
Cycle 3: 11012016 through 12131,1`20116 far a price of 6 4,930
PRICE IS ONLY VALID IF AGREEMENT IS SIGNED ON OR BEFORE: December 23, 2013.
Renewal Terms - Additional extension of this agreementwill ocGur as fiulk)�vsi
This agreement will be eligible for renewal for extended periods through a mutually agreed upon purchasing vaMde executed before
the expiration of the subscription period listed above. No guarantees are made as to rate. access, or included services within this
agreement. Purchasing vehicles executed after the lenninabon date of this agreement are subject to then- current retail rates for all
services provided.
IN WITNESS WHEREOF, the parties hereto have caused to be executed or executed this Consulting Agreement as of the day and year fort above
written, r
Cou of Brazz - - -- eCivie,
BY:— '-- -�a,B'
(Authorized Signature)
Name: DI A IA e - m
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Tide: CAl.l' 11 Title:
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Page 2 of 7
eCivis Master Subscription and Service Agreement
THIS MASTER SUBSCRIPTION AND SERVICE AGREEMENT ("AGREEMENT-) GOVERNS YOUR ACQUISITION AND USE OF ALL OUR
SERVICES.
BY ACCEPTING THIS AGREEMENT, EITHER BY CLICKING A BOX INDICATING YOUR ACCEPTANCE OR BY EXECUTING THIS
AGREEMENT, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A
COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES
TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY AND ITS
AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST
NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.
You may not access the Services if You are Our direct competitor, except with Our prior written consent. In addition, You may not access the
Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
This Agreement was last updated on January 1, 2012. It is effective between You and Us as of the date of You accepting this Agreement.
Table of Contents
1. Definitions
2. Purchased Services
3. Use of the Services
4. Professional Services, Cooperation: Delays
5. Fees and Payment for Purchased Services
6. Proprietary Rights
7. Confidentiality
8. Warranties and Disclaimers
9. Limitation of Liability
10. Tenn and Termination
11. Governing Law and Jurisdiction
12. General Provisions
13, Mutual Indemnification
1. DEFINITIONS
"Affiliate" means any entity which directly or indirectly controls, is controlled by, or is under common control with the subject entity. "Control," for
purposes of this definition, means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity.
"Malicious Cods" means viruses, worms, time bombs, Trojan horses and other harmful or malicious code, files, scripts, agents or programs.
"Professional Services' means work performed by Us for You by Our professional services division under this Agreement or any relevant Purchase
Order. Such work may include, but rot limited to, Gram Writing, Peer Review, Technical Assistance and /or Training services.
"Purchased Services" means Services that You or Your Affiliates purchase under this Agreement for Grants NetworkTM, Professional Services or
Nonprofit OneStopTM.
"Services" means the products and services that are ordered by You and made available by Us online via the customer login link at
httpJAvww.ecivis.com and/or other web pages designated by Us.
"Users" means individuals who are authorized by You to use the Services, and who have been supplied user identifications and passwords by You
(or by Us at Your request). Users are limited to Your employees. Non - employees such as Consultants, contractors and agents, and third parties with
which You transact business may not be granted access.
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i
Page 3 of 7
"We," "Us" or "Our" means eCivis, a Delaware corporation described in Section 13 (Who You Are Contracting With, Notices, Governing Law and
Jurisdiction).
"You" or "Your' means the company or other legal entity for which you are accepting this Agreement, and Affiliates of that company or entity,
"Your Data" means all electronic data or information submitted by You to the Purchased Services.
2. PURCHASED SERVICES
2.1. Provision of Purchased Services. We shall make the Purchased Services available to You pursuant to this Agreement and any relevant
Purchase Order during a subscription term. You agree that Your purchases hereunder are neither contingent on the delivery of any future
functionality or features nor dependent on any oral or written public comments made by Us regarding future functionality or features.
2.2. User Subscriptions. Unless otherwise specified in writing, (i) Services are purchased as User subscriptions and may be accessed by no more
than the specified number of Users, (ii) additional User subscriptions may be added during the applicable subscription term at the same pricing as
that for the pre - existing subscriptions thereunder, prorated for the remainder of the subscription term in effect at the time the additional User
subscriptions are added, and (iii) the added User subscriptions shall terminate on the same date as the pre - existing subscriptions. User
subscriptions are for designated Users only and cannot be shared or used by more than one User but may be reassigned to new Users replacing
former Users who no longer require ongoing use of the Services.
3. USE OF THE SERVICES
3.1. Our Responsibilities. We shall: (i) provide Our basic support for the Purchased Services to You at no additional charge, and/or upgraded
support if purchased separately, (ii) use commercially reasonable efforts to make the Purchased Services available 24 hours a day, 7 days a week,
except for: (a) planned downtime (of which We shall give at least 8 hours notice via the Purchased Services and which We shall schedule to the
extent practicable during the weekend hours from 8:00 p.m. Friday to 3:00 a.m. Monday Pacific Time), or (b) any unavailability caused by
circumstances beyond Our reasonable control, including without limitation, acts of God, acts of government, floods, fires, earthquakes, civil unrest,
acts of terror, strikes or other labor problems (other than those involving Our employees), Internet service provider failures or delays, or denial of
service attacks, and (iii) provide the Purchased Services only in accordance with applicable laws and government regulations.
3.2. Our Protection of Your Data. We shall maintain appropriate administrative, physical, and technical safeguards for protection of the security,
confidentiality and integrity of Your Data. We shall not (a) modify Your Data, (b) disclose Your Data except as compelled by law in accordance with
Section 7.3 (Compelled Disclosure) or as expressly permitted in writing by You, or (c) access Your Data except to provide the Services and prevent
or address service or technical problems, or at Your request in connection with customer support matters.
3.3. Your Responsibilities. You shall (i) be responsible for Users' compliance with this Agreement, (ii) be responsible for the accuracy, quality and
Iega ity of Your Data and of the means by which You acquired Your Data, (iii) use commercially reasonable efforts to prevent unauthorized access to
or use of the Services, and notify Us promptly of any such unauthorized access or use, and (iv) use the Services only in accordance with the user
guide and applicable laws and government regulations. You shall not (a) make the Services available to anyone other than Users, (b) sell, resell,
rent or lease the Services, (c) use the Services to store or transmit infringing, libelous, or otherwise unlawful or lortious material, or to store OF
transmit material in violation of third -party privacy rights, (d) use the Services to store or transmit Malicious Code, (e) interfere with or disrupt the
integrity or performance of the Services or third -party data contained therein, or (f) attempt to gain unauthorized access to the Services or their
related systems or networks.
3.4. Usage Limitations. Services may be subject to other limitations, such as, for example, limits on the number of grants that can be managed in
Our Grants Network"' Tracking & Reporting product, on the number of grant applications, peer reviews and /or trainings provided by Us. Any such
limitations are specified in the signature page of this Agreement.
4. PROFESSIONAL SERVICES, COOPERATION: DELAYS
4.1. Should this Agreement include Professional Services as part of its User Subscriptions and each party agrees to cooperate reasonably and in
good faith with the other in the performance of such Professional Services and acknowledges that delays may otherwise result. You agree to
provide, or provide access to, the following as needed, and when applicable, for services that require Us to be at Your location: office workspace,
telephone and other facilities, suitably configured computer equipment with Internet access, complete and accurate information and data from Your
employees and agents, continuous administrative access to its ecivis.com account, coordination of onsite, online and telephonic meetings, and other
resources as reasonably necessary for satisfactory and timely performance of the Professional Services.
4.2. Each party agrees its respective employees and agents will reasonably and in good faith cooperate with each other in a professional and
courteous manner in the performance of their duties under this Agreement to complete such Professional Services.
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4.3. It is understood by You that delays in providing material or information resulting in missed grant application deadlines does not constitute non
delivery of grant writing services by Us. We shall provide a reasonable timeline to ensure the delivery of Our Professional Services.
4.4. Peer Review Services. Should this Agreement include Peer Review services, upon mutual agreement by Us and You, Peer Review services
may be exchanged with "customized services" of equivalent value, if such services are available at the time of request. Such "customized services"
may include, but not limited lo, customized funding searches, consulting, coaching, and training.
5. FEES AND PAYMENT FOR PURCHASED SERVICES
5.1. Fees. You shall pay all fees specified under this Agreement. Except as otherwise specified herein, (i) fees are based on services purchased and
not actual usage for Purchased Services, (ii) payment obligations are non.cancelable and fees paid are non - refundable and will not result in any
refund or credit and (iii) the number of User subscriptions purchased cannot be decreased during the relevant subscription term.
5.2. Invoicing and Payment. You will provide Us with valid and updated credit card information, or pay by check. If You provide credit card
information to Us, You authorize Us to charge such credit card for all Services listed under this agreement for the initial subscription term and any
renewal subscription term(s) as set forth in Section 10.2 (Term of Purchased User Subscriptions). Such charges shall be made in advance, either
annually or in accordance with any different billing frequency stated under this Agreement. Unless otherwise stated in this Agreement, invoice
charge(s) are due net 30 days from the invoice date. You are responsible for providing complete and accurate billing and contact information to Us
and notifying Us of any changes to such information.
5.3. Overdue Charges. If any charges are not received from You by the due date, then at Our discretion, (a) such charges may accrue late interest
at the rate of 1.5% of the outstanding balance per month, or the maximum rate permitted by law, whichever is lower, from the date such payment
was due unfit the date paid, and/or (b) We may condition future subscription renewals on payment tens shorter than those specified in Section 5.2
(Invoicing and Payment).
5.4. Suspension of Service and Acceleration. If any amount suing by You under this or any other agreement for Our services is 30 or more days
overdue (a 10 or more days overdue in the case of amounts You have authorized Us to charge to Your credit card), We may, without limiting Our
other rights and remedies, suspend Our services to You until such amounts are paid in full. We will give You at least 7 days' prior notice that Your
account is overdue.
5.5. Taxes. Unless otherwise stated, Our fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including
but not limited to value-added, sales, use or withholding taxes, assessable by any local, state, provincial, federal or foreign jurisdiction (collectively,
'Taxes "). You are responsible for paying all Taxes associated with Your purchases hereunder. If We have the legal obligation to pay or collect Taxes
for which You are responsible under this paragraph, the appropriate amount shall be invoiced to and paid by You, unless You provide Us with a valid
tax exemption certificate authorized by the appropriate taxing authority. For clarity, We are solely responsible for taxes assessable against it based
on Our income, property and employees.
6. PROPRIETARY RIGHTS
6.1. Reservation of Rights in Services. Subject to the limited rights expressly granted hereunder. We reserve all rights, title and interest in and to the
Services, including all related intellectual property rights. No rights are granted to You hereunder other than as expressly set forth herein.
6.2. Restrictions. You shall not (i) permit any third party to access the Services except as permitted herein or in an Order Form, (ii) create derivate
works based on the Services except as authorized herein, (iii) copy, frame or mirror any part or content of the Services, other than copying or
framing on Your own intranets or otherwise for Your own internal business purposes, (iv) reverse engineer the Services, or (v) access the Services
in order to (a) build a competitive product or service, or (b) copy any features, functions or graphics of the Services.
6.3. Your Applications and Code. If You, a third party acting on Your behalf, or a User creates applications or program code using the Services, You
authorize Us to host, copy, transmit, display and adapt such applications and program code, solely as necessary for Us to provide the Services in
accordance with this Agreement. Subject to the above, We acquire no right, title or interest from You or Your licensors under this Agreement in or to
such applications or program code, including any intellectual property rights therein.
6.4. Your Data. Subject to the limited rights granted by You hereunder, We acquire no right, title or interest from You or Your licensors under this
Agreement in or to Your Data, including any intellectual property rights therein.
6.5. Suggestions. We shall have a royalty-free, worldwide, irrevocable, perpetual license to use and incorporate into the Services any suggestions,
enhancement requests, recommendations or other feedback provided by You, including Users, relating to the operation of the Services.
7. CONFIDENTIALITY
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7.1. Definition of Confidential Information. As used herein, "Confidential Information" means all confidential information disclosed by a party
( "Disclosing Party") to the other party ( "Receiving Party"), whether orally or in writing, that is designated as confidential or that reasonably should be
understood to be confidential given the nature of the information and the circumstances of disclosure. Your Confidential Information shall include
Your Data; Our Confidental Information shall include the Services; and Confidential Information of each party shall include the terms and conditions
of this Agreement, as well as business and marketing plans, technology and technical information, product plans and designs, and business
processes disclosed by such party. However, Confidential Information (other than Your Data) shall not include any information that (i) is or becomes
generally known to the public without breach of any obligation owed to the Disclosing Party, (ii) was known to the Receiving Party prior to its
disclosure by the Disclosing Parry without breach of any obligation owed to the Disclosing Party, (iii) is received from a third party without breach of
any obligation owed to the Disclosing Party, a (iv) was independently developed by the Receiving Party.
7.2. Protection of Confidential Information. The Receiving Parry shall use the same degree of care that it uses to protect the confidentiality of its own
confidential information of like kind (but in no event less than reasonable care) (i) not to use any Confdental Information of the Disclosing Party for
any purpose outside the scope of this Agreement, and (ii) except as otherwise authorized by the Disclosing Party in writing, to limit access to
Confidential Information of the Disclosing Party to those of its and its Affiliates' employees, contractors and agents who need such access for
purposes consistent with this Agreement and who have signed confidentiality agreements with the Receiving Party containing protections no less
stringent than those herein. Neither party shall disclose the terms of this Agreement other than its Affiliates and their legal counsel and accountants
without the other party's prior written consent.
7.3. Compelled Disclosure. The Receiving Parry may disclose Confidential Information of the Disclosing Parry if it is compelled by law to do so,
provided the Receiving Party gives the Disclosing Party prior notice of such compelled disclosure (to the extent legally permitted) and reasonable
assistance, at the Disclosing Party's cost, if the Disclosing Party wishes to contest the disclosure. If the Receiving Party is compelled by law to
disclose the Disclosing Party's Confidants[ Information as part of a civil proceeding to which the Disclosing Parry is a party, and the Disclosing Party
is not contesting the disclosure, the Disclosing Party will reimburse the Receiving Party for its reasonable cost of compiling and providing secure
access to such Confidential Information.
8. WARRANTIES AND DISCLAIMERS
8.1. Our Warranties. We warrant that (i) We have validly entered into this Agreement and have the legal power to do so, (ii) the Services shall
perform materially in accordance with this Agreement, (iii) We will not transmit Malicious Code to You, provided it is not a breach of this subpart (iv) if
You or a User uploads a file containing Malicious Code into the Services and later downloads that file containing Malicious Code. For any breach of
a warranty above, Your exclusive remedy shall be as provided in Section 10.3 (Termination for Cause) below.
8.2. Your Warranties. You warrant that You have validly entered into this Agreement and have the legal power to do so.
8.3. Disclaimer, EXCEPT AS EXPRESSLY PROVIDED HEREIN, NEITHER PARTY MAKES ANY WARRANTIES OF ANY KIND, WHETHER
EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND EACH PARTY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING
ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW.
9. LIMITATION OF LIABILITY
9.1. Limitation of Liability. NEITHER PARTY'S LIABILITY WITH RESPECT TO ANY SINGLE INCIDENT ARISING OUT OF OR RELATED TO THIS
AGREEMENT (WHETHER IN CONTRACT OR TORT OR UNDER ANY OTHER THEORY OF LIABILITY) SHALL EXCEED THE LESSER OF
$500,000 OR THE AMOUNT PAID BY YOU HEREUNDER IN THE 12 MONTHS PRECEDING THE INCIDENT, PROVIDED THAT IN NO EVENT
SHALL EITHER PARTY'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT (WHETHER IN CONTRACT OR
TORT OR UNDER ANY OTHER THEORY OF LIABILITY) EXCEED THE TOTAL AMOUNT PAID BY YOU HEREUNDER. THE FOREGOING
SHALL NOT LIMIT YOUR PAYMENT OBLIGATIONS UNDER SECTION 5 (FEES AND PAYMENT FOR PURCHASED SERVICES).
9.2. Exclusion of Consequential and Related Damages. IN NO EVENT SHALL EITHER PARTY HAVE ANY LIABILITY TO THE OTHER PARTY
FOR ANY LOST PROFITS OR REVENUES OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE
DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT
THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER SHALL NOT APPLY TO THE
EXTENT PROHIBITED BY APPLICABLE LAW.
10. TERM AND TERMINATION
10.1. Term of Agreement. This Agreement commences on the date You accept it and continues until all User subscriptions granted in accordance
with this Agreement have expired or been terminated.
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10.2. Tenn of Purchased User Subscriptions. User subscriptions purchased by You commence on the start date specified under this Agreement and
continue for the subscription term specified herein.
10.3. Termination for Cause. A parry may terminate this Agreement for cause: (i) upon 30 days written notice to the other party of a material breach
if such breach remains uncured at the expiration of such period, or (ii) if the other parry becomes the subject of a petition in bankruptcy or any other
proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors.
10.4. Return of Your Data. Upon request by You made within 30 days after the effective date of termination of a Purchased Services subscription,
We will make available to You for download a file of Your Data in comma separated value (.csv) format along with attachments in their native format.
After such 30-day period, We shall have no obligation to maintain or provide any of Your Data and shall thereafter, unless legally prohibited, delete
all of Your Data in Our systems or otherwise in Our possession or under Our control.
10.5. Surviving Provisions. Section 5 (Fees and Payment for Purchased Services), 6 (Proprietary Rights), 7 (Confidentiality), 8.3 (Disclaimer), 9
(Limitation of Liability), 10.4 (Return of Your Data), 11 (Governing Law and Jurisdiction), 12 (General Provisions) and 13 (Mutual Indemnification)
shall survive any termination or expiration of this Agreement.
11. GOVERNING LAW AND JURISDICTION
11.1. Agreement shall be governed by and construed and enforced in accordance with the laws of the State of California as it applies to a contract
made and performed in such state.
12. GENERAL PROVISIONS
12.1. Anti- Corruption. You have not received or been offered any illegal of improper bribe, kickback, payment, gift, or thing of value from any of Our
employees or agents in connection with this Agreement. Reasonable gifts and entertainment provided in the ordinary course of business do not
violate the above restriction. If You learn of any violation of the above restriction, You will use reasonable efforts to promptly notify Our Legal
Department (legal@ecivis.com).
12.2. Relationship of the Parties. The parties are independent contractors. This Agreement does not create a partnership, franchise, joint venture,
agency, fiduciary a employment relationship between the parties.
12.3. No Third -Party Beneficiaries. There are no third -party beneficiaries to this Agreement.
12.4. Waiver. No failure or delay by either party in exercising any right under this Agreement shall constitute a waiver of that right.
12.5. Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the provision shall be modified
by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining
provisions of this Agreement shall remain in effect.
12.6. Attorney Fees. You shall pay on demand all of Our reasonable attorney fees and other costs incurred by Us to collect any fees or charges due
Us under this Agreement following Your breach of Section 5.2 (Invoicing and Payment).
12.7. Assignment. Neither party may assign any of its rights or obligations hereunder, whether by operation of law or otherwise, without the prior
written consent of the other parry (not to be unreasonably withheld). Notwithstanding the foregoing, either party may assign this Agreement in its
entirety (including all Order Forms), without consent of the other party, to its Affiliate or in connection with a merger, acquisition, corporate
reorganization, or sale of all or substantially all of its assets not involving a direct competitor of the other party. A party's sole remedy for any
purported assignment by the other party in breach of this paragraph shall be, at the non- assigning party's election, termination of this Agreement
upon written notice to the assigning party. In the event of such a termination, We shall refund to You any prepaid fees covering the remainder of the
term of all subscriptions after the effective date of termination. Subject to the foregoing, this Agreement shall bind and inure to the benefit of the
parties, their respective successors and permitted assigns.
12.8. Entire Agreement. This Agreement, including all exhibits and addenda hereto constitutes the entire agreement between the parties and
supersedes all prior and contemporaneous agreements, proposals or representations, written a oral, conceming its subject matter. No modification,
amendment, or waiver of any provision of this Agreement shall be effective unless in writing and either signed or accepted electronically by the party
against whom the modification, amendment or waiver is to be asserted.
13. MUTUAL INDEMNIFICATION
13.1. Indemnification by Us. We shall defend You against any claim, demand, suit, or proceeding made or brought against You by a third parry
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Page 7 of 7
alleging that the use of the Services as permitted hereunder infringes or misappropriates the intellectual property rights of a third party (a "Claim
Against You "), and shall indemnify You for any damages, attorney fees and costs finally awarded against You as a result of, and for amounts paid by
You under a court- approved settlement of, a Claim Against You; provided that You (a) promptly give Us written notice of the Claim Against You; (b)
give Us sole control of the defense and settlement of the Claim Against You (provided that We may not settle any Claim Against You unless the
settlement unconditionally releases You of all liability); and (c) provide to Us all reasonable assistance, at Our expense. In the event of a Claim
Against You, or if We reasonably believe the Services may infringe or misappropriate, We may in Our discretion and at no cost to You (i) modify the
Services so that they no longer infringe or misappropriate, without breaching Our warranties under "Our Warranties" above, (ii) obtain a license for
Your continued use of the Services in accordance with this Agreement, or (iii) terminate Your User subscriptions for such Services upon 30 days'
written notice and refund to You any prepaid fees covering the remainder of the term of such User subscriptions after the effective date of
termination.
13.2. Indemnification by You. You shall defend Us against any claim, demand, suit or proceeding made or brought against Us by a third parry
alleging that Your Data, or Your use of the Services in breach of this Agreement, infringes or misappropriates the intellectual property rights of a third
party or violates applicable law (a "Claim Against Us "), and shall indemnify Us for any damages, attorney fees and costs finally awarded against Us
as a result of, or for any amounts paid by Us under a wurt- approved settlement of, a Claim Against Us; provided that We (a) promptly give You
written notice of the Claim Against Us; (b) give You sole control of the defense and settlement of the Claim Against Us (provided that You may not
settle any Claim Against Us unless the settlement unconditionally releases Us of all liability); and (c) provide to You all reasonable assistance, at
Your expense.
13.3. Exclusive Remedy. This Section 13 (Mutual Indemnification) states the indemnifying party's sole liability to, and the indemnified party's
exdusive remedy against, the other party for any type of claim described in this Section.
(Remainder of page intentionally left blank, signature page is on the cover page to this Agreement)
F01- / �� Pg. 7053_131115150401
STATE OF TEXAS
COUNTY OF BRAZOS
INTERLOCAL AGREEMENT BETWEEN
BRYAN INDEPENDENT SCHOOL DISTRICT
AND BRAZOS COUNTY, TEXAS; AND
THIS INTERLOCAL AGREEMENT ( "Agreement ") is entered into by and between the
Bryan Independent School District, a political subdivision of the State of Texas ( "BISD "), and
Brazos County, Texas a political subdivision of the State of Texas ("County "), and is effective
thrall purposes asof October I, 2013 ( "Effective Date ").
WHEREAS, the respective participating governments (the "Patties ") are authorized by
the Interlocal Cooperation Act, LOC. GOVT CODE ANN. ,§§'291, to enter into an agreement for
to administer a program for local economic development: and
WHEREAS, Ben Milam School and Anson Jones School are elementary schools located
in the BISD; and
WHEREAS, those above -named schools have volunteers that participate in a program
named Read by Third; and
WHEREAS, the mission of the Read by'rhird program is to facilitate community, school
and parental relationships that will result in children reading by third grade and beyond through
an integrative and collaborative model engaging parents, children school personnel and the
community; and
WHEREAS, BISD and the County have determined that it is in the best interests of their
citizens that Read by Third program at the named BISD schools be supported in the interest of
community support and education; and
NOW THEREFORE, in consideration of the mutual covenants and agreements herein
contained, the Parties agree as follows:
A. Term of the Agreement
1. The term of this Agreement is for a period of one (1) year, which shall commence on October
1. 2013 and end on September 30. 2014 (the "Contract Term "). At the conclusion of the
initial Contract Term, the Agreement may he renewed upon the agreement of all Parties for
an additional tern of one (1) year on the same terms and conditions as provided herein.
B. Obligation of Bryan Independent School District
2. The obligation of BISD is to provide the County with an end of year program results of the
parents and children served.
Vol. P9• -7 7
10
}
C. Obligations of Brazos County
3. County shall make direct payments of the annual contribution, as set forth in Paragraph D, to
BISD within thirty (30) days of the Effective Date of this Agreement.
D. Total Annual Contribution for Current Fiscal Year
4. 'rhe County shall fund BISD in the amount of $2,500.00 for the Contract Term of this
Agreement.
E. Miscellaneous
5. Annual Approval. The obligations of BISD and the County under this Agreement are subject
to annual approval by the governing bodies ofeach entity.
6. Term. This Agreement shall continue in force for one (1) year from the Effective Date.
Audit.
Audit. No more frequently than once per calendar year, County shall have the right to
inspect through its auditor, at BISD's sole expense, the records of the Read by Third program
as facilitated by BISD on reasonable advance written notice and during BISD's regular
business hours. Such records shall be maintained for a period of at least one (1) year from
the date of creation of such record.
8. Severabilitv. if any provision of this Agreement is held to be illegal, invalid or
unenibreeable 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.
9. 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 BISD of Bryan, Texas. Venue for any litigation arising
under this Agreement shall be in a court of appropriate jurisdiction in Brazos County. Texas.
10. Sole Agreement. 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.
11. Amendments. No amendment, modification or alteration of the terms hereol'shulI be binding
unless the same shall be in writing and dated subsequent to the date hereof and duty executed
by the parties hereto.
Vol. - - -X�?__ pg. _ 0 v
MS
12. Riahts 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.
13. Incorporation of Recitals. The determinations recited and declared in the preambles to this
Agreement are hereby incorporated herein as part of this Agreement.
14. lnterpretation. 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 enption 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.
15. 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 he the
effective date of this Agreement for all purposes.
16. Public Information Act. The parties acknowledge and agree that County and Bryan ISD nuty
be subject to either Rule 12 of the Judicial Rules of Administration or to the Texas
Government Code, Chapter 552, also known as the "Texas Public Information Act"
(hereinafter, "PIA "). Thus, there may be occasions when requests for information arc
submitted to the County or Bryan ISD pursuant to Rule 12 or the PIA. Upon a request I'ur
information by a third party under Rule 12 or the PTA, it is expressly acknowledged and
agreed that Bryan ISD, County, its Commissioners. County Judge, elected officials,
appointed officials, department heads, and employees (hereinafter, "Governmental
Requestors ") may request advice, decisions and opinions of the Attorney General of the State
of Texas (hereinaller, "Texas Attorney General ") in regard to the application of the PIA, or
any exceptions or exclusions thereto to any requested forms, documents, manuals.
instructions, guidelines, software, hardware, firmware, or any part thereof, or other
equipment or item, data or information furnished by Service Provider to, or otherwise in the
possession or knowledge of, the County and/or Bryan ISD. It is further acknowledged and
agreed that the Governmental Requestors have the right and obligation by law to rely on the
advice, decisions and opinions of the Texas Attorney General. The Service Provider hereby
releases the Governmental Requestors from any and all liability or obligation of any type,
kind or nature regarding any disclosure of any forms. documents, manual, instructions,
guidelines, software, hardware, firmware, or any part thereof, or other equipment or item.
data or information furnished by Service Provider to, or otherwise in the possession or
knowledge of, the County and /or Bryan ISD that is determined by or in reliance on any
advice, decision or opinion of the Texas Attorney General to he available to the public or any
persons.
17. Governmental Immunity. his Agreement is expressly made subject to Brazos County's and
Bryan ISM governmental immunity, Title 5 of the Texas Civil Practices and Remedies
Fyo71 �/ -�' Pg. �l
I
Code, and all applicable federal and state law. Nothing in this Agreement is intended to
benefit any third party beneficiary.
IS. Fiscal Funding Clause. Notwithstanding any provisions contained herein, the obligations of
the County under this Agreement are expressly contingent upon the availability of funding
for each item and obligation contained herein for the term of the Agreement and any
extensions thereto. Any person or entity directly or indirectly employed by BISD shall have
no right of action against the County in the event the County is unable to tidfill its
obligations under this Agreement as a result of lack of sufficient funding for any item or
obligation from any source utilized to fund this Agreement or failure to budget or authorize
funding for this Contract during the current or future fiscal years. In the event that the
County is unable to fulfill its obligations under this Agreement as a result of lack of sufficient
funding, or if funds become unavailable, the County may provide finds from a separate
source or may terminate this Agreement by written notice to BISD at least thirty (30) days in
advance of such termination.
EXECUTED IN DUPLICATE. EACH OF WHICH SHALL HAVE THE FULL FORCE AND
EFFECT OF AN ORIGINAL.
Executed this {q) day o1 �J�j�_, 2013.
BRYANINDEPENDENT
SCHOOL DIgRICT
resident of the
Board of Trustees, Bryan Independ.
School District
APPROVED AS TO FORM
— 6( -
BISD Attorney
ATTEST
Secretary
Duane Peters, County
APPROVED AS TO FORM
Bill Ballard, Attorne
Vol /9� _P9-9—
THE STATE OF TEXAS §
COUNTY OF BRAZOS §
AGREEMENT BETWEEN BRAZOS COUNTY, TEXAS
AND THE
BRYAN /COLLEGE STATION CONVENTION and VISITORS' BUREAU
THIS AGREEMENT ( "Agreement ") is made and entered Into the at` day of December,
2013, by and between BRAZOS COUNTY, TEXAS, a body corporate and politic under the laws of
the State of Texas, (hereinafter referred to as "County '), and the BRYAN /COLLEGE STATION
CONVENTION and VISITORS' BUREAU, a Texas non - profit corporation (hereinafter referred to as
"Bureau").
RECITALS
WHEREAS, This agreement is premised on the following:
1. The tourist trade Is a significant part of the economies of the respective municipalities of
Bryan and College Station and the County of Brazos, Texas for which the continued growth of
such trade is necessary for the economic well being of the entire community.
2. The Bryan /College Station Convention and Visitors Bureau was created for the purpose of
promoting tourism and has all necessary authority to enter Into this Agreement.
3. The Bureau is a qualified tourism entity, as defined in TEX. TAX CODE ANN.
§351.101(c),
4. The Bureau is authorized under the authority of TEX, TAX CODE ANN.
§352.1015 for the purpose authorized in of providing staff, visitor center facilities, support
services and assistance in §352.1015, Including day -to -day operations and the development and
Implementation of programs to promote and develop the tourism zone to visitors pursuant to
Chapter 352 of the Texas Tax Code.
THEREFORE, it Is agreed by the parties as follows:
Ci \Users \Cynthia \Documents \Brazos County • BCSCVB FY 2014 Funding Agreement.docx Page 1
Vol.-/
1. The Bureau is appointed the agent of the County and the County's advisory committee to
promote and develop tourism In Brazos County,
2. Pursuant to TEX. TAX CODE ANN. §352.1015 (b) and (c), the Bureau shall maintain and
complete and accurately provide a budget record of all programs and activities funded with
hotel occupancy tax collected and funded to the Bureau by the County, including, but not
necessarily limited to; materials, and media reasonably necessary and proper to successfully
promote, develop and attract the tourist trade to the locality, sales and marketing staff,
promotional and advertising material, internet and services, adequate accounting services,
administrative services, facilities, supplies and equipment for the same.
3. The Commission shall provide funding to the Bureau on an annual basis, pursuant to TEX.
TAX CODE ANN. §352.1015 (b) and the Bureau acknowledges that the functions delegated to
the Bureau creates a fiduciary duty in the Bureau with respect to the revenue funded by the
County pursuant'to Chapter 352 of the Texas Tax Code and this Agreement. Funding for FY
2013 Is $25,000.00. This Agreement shall be funded quarterly by four (4) separate invoices
divided into equal payments provided by the Bureau. Invoices are due no later than December
31, 2013 March 31, 2014, June 30, 2014 and September 30, 2014,
4. The Bureau shall maintain all revenues funded by the County in a separate account
established pursuant to TEX. TAX CODE ANN. §352,1015 (a) and shall not comingle such
revenue with any other money.
5. The Bureau shall submit reports to the Brazos County Commissioners Court quarterly,
listing the expenditures made in furtherance of the Bureaus duty to promote tourism in Brazos
County. The Bureau further agrees to actively support, publicize, promote and market the
Brazos County Exposition Complex In all of its appropriate collateral, activities, programs,
committees, meetings, trade shows, videos and on Its website.
6. For purpose of evaluation, inspection, auditing or reproduction, the Bureau agrees to
maintain and make available to authorized representatives of the Brazos County Auditor any
and all books, documents or other evidence pertaining to the costs and expenses of this
Agreement and shall further keep a record of all services provided to the County under this
Agreement, and upon reasonable notice will provide information, records, papers, reports, and
other documents regarding services furnished as may be requested by the County. The
Bureau will maintain the records (as referenced above) for three (3) years after the termination
of this Agreement.
7. The Bureau shall assist the County in preparing annual reports required by TEX. TAX
CODE ANN. §352.1034. This report by the Bureau should include where the money received
from the County was spent and indicate the tourism, hotel and convention activity attributable
C: \Users \Cynthia \Documents \Brazos County . BCSCVB FY 2014 Funding Agreemencdocx Page 2
to events held at facilities that receive money from the tax revenues provided pursuant to
Chapter 352 of the Texas Tax Code.
8, Except to the extent that a party to this Agreement seeks emergency judicial relief, and
without waiving governmental or sovereign immunity from suit, the parties agree to negotiate in
good faith in an effort to resolve any disputes related to this contract that may arise, no matter
when the dispute may arise. If a dispute cannot be resolved by negotiation, the dispute shalt
be submitted to mediation before the parties resort to arbitration or litigation. The parties shall
choose a mutually acceptable mediator to mediate the dispute, and the parties shall pay the
costa of mediation services equally.
9. All notices required under this Agreement shall be In writing. They shall be sent by fax or by
registered US mail, return receipt requested, to the party at the addresses listed below, A party
must provide notice cf a change of address during the term of this Agreement. Unless
specified otherwise, notices required in this Agreement shall be deemed to have been received
when actually received.
10. If any court finds any provision of this Agreement to be invalid or unenforceable, this
finding shall not affect the validity or enforceability of any other provision of the Agreement,
11. No express or implied waiver by any party of any right of that party under this Agreement in
any specific circumstance shall be considered to waive that right of that party in any other
circumstance.
12. The term of this Agreement shall be for an initial twelve month period, effective October 1,
2013 through September 30, 2014
13, This Agreement is expressly made subject to Brazos County's Sovereign Immunity, Title 5
Of the Texas Civil Practices and Remedies Code, and all applicable federal and state law. The
parties expressly agree that no provision of this Agreement is in any way Intended to constitute
a waiver or any Immunities from suit or from liability that the Brazos County has by operation of
law. Nothing in this Agreement is intended to benefit any third party beneficiary.
14. This Agreement shall be construed under and in accordance with the laws of the State of
Texas, and all obligations of the parties created hereunder are performable in Brazos County,
Texas.
15. The Bureau may not assign or subcontract any of its rights, duties and /or obligations
arising out of this Agreement without the prior written consent of Brazos County.
16. In case any one or more of the provisions contained in this Agreement shall for any reason
be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or
unenforceable provision shall not affect any other provision thereof and this Agreement shall
C: \Users CCynthia \Documents \Brazos County • BCSCVB FY 2414 Funding Agreement.docx Page 3
be construed as if such invalid, illegal, or unenforceable provision had never been contained
therein,
17. This Agreement constitutes the sole and only Agreement of the parties hereto and
supersedes any prior understandings or written or oral agreement between the parties
respecting the within subject matter.
EXECUTED IN DUPLICATE, EACH OF WHICH SHALL HAVE THE FULL FORCE AND
EFFECT OF AN ORIGINAL.
IN WITNESS, We hereunto aff ix our signature this L day ofa=6v 3.
BRAZOS COUNTY
Duane Peters, County Judge
Date:
BRYAN /COLLEGE STATION CONVENTION and VISITORS' BUREAU
usle;
1 Of. � 4-t,j I L-)
C: \Users \Cynthia \Documents \Brazos County - BCSCVB FY 2014 Funding Agreement.docx Page 4
Eol I-
REQUISITION NO. 00045474
PAGE NO. 1
96231 7
F
E
H
BUILDING MAINTENANCE
ASH AUTOMATED CONTROL SYS
I
N
P
206 NORTH WASHINGTON STREET
D PO BOX 1113
BRYAN, TEXAS 77803
0 FULSHEAR TX 77441
R L
I
J
0
ATTN: ERNEST STUTTS
CAPITAL
REQUESTED DATE: 12/04/13
REQUIRED DATE:
PURCHASE ORDER:
BUYER: G. DAVIS
LN /ST COMMODITY STOCK NO QUANTITY UOM
01 1.00
0 LABOR & MATERIAL TO REPLACE COOLING
TOWER BYPASS LINE W /AUTOMATED VALVE.
RUN CONTROL WIRING BACK TO C/P &
FREE UP AN OUTPUT & LABOR & MATERIAL TO
REMOVE DEFECTIVE VFD FROM THE MCC PANEL.
DIV /FUND ACCOUNT PRO.7ECT
63000500 65051000
APPROVED
BV:
COUNTY JUDGE
DEPARTMENT
EXTENSION/
UNIT PRICE TAX /TRADE -IN
6,880.0000 6,880.00
0.00
0.00
TOTAL PRICE 6,880.00
ACCOUNT CHARGE AMOUNT
6,880.00
anL-L) I I do)
Duane Peters D&
County Judge
PAGE
PURCHASING
i
�7,
BRAZOS COUNTY
COMMISSIONERS' COURT ACTION FORM
DEPARTMENT Road and Bridge DEPT. NUMBER 56001000
DATE OF COURT MEETING: December 10, 2013
ITEM: Consider and take action on application and approval process for county authorization of
seismic /geophysical operations within Brazos County right(s) of way. Companies will submit a
letter of request alone with the application. See attached draft format of application.
NOTES /EXCEPTIONS:
SUBMITTED BY:
R. Alan Munger, P. .
County Engineer
APPROVED BY:
�A,,W
Commissii5ner Lloyd Wassermann, Pct. 1
—11!�
Commissioner nny Mall •d, Pct. 3
This Request is Approved li(or) Denied ❑ by Commissioners' Court
Date:
E. Duane Peters, County Judge
�� 2�
December 10, 2013
Applicant
Address
City, State, Zip
Dear Applicant:
You have requested authorization to utilize Brazos County right of ways, as referenced herein, for geophysical survey purposes. The
right of way will be used FROM TO
on _ROADWAY.
Brazos County authorizes use of county right of ways as shown above for a geophysical survey, subject to the following requirements
1. No blasting shall be performed.
2. No operations shall be conducted in an area that may result in damage to pavement or shoulder or other roadway
facilities, and impact or vibration equipment shall not be used on traffic lanes or pavement.
3. Cable crossings are preferred utilizing existing drainage facilities.
4. If existing drainage facilities are not available, then cables may be placed on the pavement. Cables placed on pavement
shall be arranged so they do not create a hazardous condition or rumble strip effect. All cables shall be securely
anchored to the roadway with materials that will not damage and/or puncture the pavement. Nails, spikes and similar
materials used for anchors shall be placed beyond the pavement edge.
5. Adequate signs, barricades and flagmen, etc. shall be maintained as necessary to protect the traveling public.
Compliance with the Texas Manual on Uniform Traffic Control Devices is mandatory.
6. Operations shall not interfere with the flow of traffic. All equipment should be parked and/or operated on one side of the
roadway only, as far from the edge of pavement as practical and shall not be parked in the clear zone as defined by the
Highway Design Manual.
7. Operations will not be allowed when the ground conditions are such that work within the right of way would cause
rutting and/or tracking of mud onto the road surface.
8. The geophysical survey company shall restore the right of way to its original condition, Gee of any damage, including
ruts or any injury to vegetation. Any costs incurred by Brazos County for necessary restoration work will be billed to the
Applicant at cost.
9. Any actions that create any liability or affect the rights of the holders of any property and/or mineral ownerships
involved are solely the concern and responsibility of the Applicant.
10. A copy of the Applicant's Certificate of Liability Insurance in the amount of $2,000,000 naming Brazos County as an
additional insured is required and incorporated herein.
11. Payment of $500.00 fee to Brazos County for administration and compliance inspection(s).
Please notify Brazos County Right of Way Agent, Mr. Joe Salvato at 979 -822 -2127 ext. 3033 a minimum of 48 hours prior to
beginning operations in Brazos County Right of Way. Violation of the above requirement will be cause for immediate revocation of
this authorization.
R. Alan Munger, PE
Brazos County Engineer
Vol. /9.� Pg.__g
DEPARTMENT:
MEETING DATE:
SUBJECT:
1(
BRAZOS COUNTY
COMMISSIONERS' COURT
ACTION FORM
Road & Bridge
December 10, 2013
Private Property Access
Request permission to enter private property owned by Roy and Cindy Brantley located
on I &GN Road. Project will collect survey and topographical information for drainage
study along Flopes Creek and its associated tributaries. This work is being performed
for the health, safety and welfare of the general public. Site is located in Precinct 1.
SUBMITTED BY:
Jo . Salvato
Right of Way Agent
APPROVED BY:
/N 44. --
Lloyd Wassermann
Commissioner Precinct 1
This request is VED ENIED ❑ by Commissioners' Court
Duane Peters, County Judge
DATE: I; /o
Vol. Pg._ --
E. Duane Peters
Brazos County Judge
Lloyd Wassermann
Commissioner Pat. 1
Sammy Catalena
Commissloner Pct. 2
Kenny Mallard
Commissloner Pct. 3
Irma Cauley
Commissioner Pct. 4
tx or
,r N
1
OG O
P
rY o F 9
BRAZOS COUNTY
PRIVATE PROPERTY ACCESS FORM
OWNER(S): Roy and Cindy Brantley
R. Alan Munger, P,E.
County Englneer
Brazos County Road 8 Bridge Dept.
2617 Hwy 21 West
Bryan, Texas 77803
Office: 979.822 -2127
Fax: 979- 775 -0453
mmungerCbrezoscountyU gov
II. ADDRESS: 13410 Headwater Lane
College Station, Texas 77845
III. LOCATION OF WORK: I &GN Road
R303343 - Willow Run Sub., Phase 1, Lot 1 D, 5.74 acres
IV. DESCRIPTION OF WORK: Request permission to enter private property for the
purpose of collecting survey and topographical information for drainage study
along Hopes Creek and the associated tributaries to determine if bridges are
required. Survey information will be gathered mainly from high -bank to high -bank
and may require some hand trimming of underbrush in and along creek channel.
Additional
'/� %ErasrPI-cLrwi Roy sirlht/sy 4ny SC4,PC/
V. MAINTENANCE: Yes No X
IF YES, ESTIMATE FREQUENCY OF MAINTENANCE: N/A
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; G� Date: DP` X 00/3
i
R. Alan Munger, J66 V. Salvato
County EngineeW Kight of Way Agent
I Vol.
BRAZOS COUNTY
COMMISSIONERS' COURT
ACTION FORM
DEPARTMENT: Road & Bridge
MEETING DATE: December 10, 2013
SUBJECT: Temporary Utility Permit — Halcon Resources
Consider and take action on the Halcon Resources utility permit to install temporary
10" aluminum water line through roadway culvert located on Wilcox Lane. Project
will provide water to oil well. Site is located in Precinct 2.
SUBMITTED BY:
J0 . Salvato
Right of Way Agent
APPROVED BY:
/Z� "�avz�
ammy Garalena
Commissioner Precinct 2
This request is dAPPROVED / DENIED ❑ by Commissioners' Court
I L -
Duane Peters, County Judge
DATE: 1 () 13
TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS
Pursuant to the Texas Utility Code, Section 181.024, comes now Halcon Resources [company name],
hereinafter referred to as "Company" a Texas [state] Corporation, with authority to transact business in Texas,
acting by and through its duly authorized representative, and hereby petitions the County Engineer for the right to lay,
construct, maintain, repair and /or operate a gas facility under, over, across and /or along certain County Roads as
shown on drawings and diagrams attached hereto and said location described as follows:
Facility to Cross Road
Road Name & Block Number
Length of
Crossing
TYPE OF CONSTRUCTION
CHECK ONE
Bored
Jacked
Driven
Cased
Derib
Distance
Wilcox Lane
70'
Facility to Parallel County Road R'ithin ILiaht -Of- -way
Road Name and Block
Number
From
To
Derib
Distance
CONSTRUCTION TYPE
10" Diameter wall Thickness PR03ECT WILL LAY 10" ALUMINUM
Material Specification Aluminum
Maximum Operation Pressure $0 psi
WATER LINE THRU 48" CULVERT FOR
APPROX. 21 DAYS. DEC. 10`h —DEC 31st
The location and description of the proposed installation and appurtenances must be fully shown on the attached
detailed drawings.
The Company shall commence actual construction/work in good faith within 60 days from the date of said permit and
shall complete said construction /work within 21 working days. (COMPANY MUST FILL ES). if such
construction is not begun by the 60t4 day, Company will be required to apply for a new permit.
Company declares that prior to filing this application, it has ascertained the location of all existing utilities, both aerial
and underground, and the filing of this application is prima facie evidence that the proposed installation will not
conflict with any existing utility.
A copy of this permit shall be kept at the job site any time work is being performed.
It is expressly stipulated that this Permit is a license for permissive use only and that the placing of facilities upon
public property pursuant to this permit shall not operate to create or vest any property right in said holder.
It is understood'and agreed that the rights and privileges herein set out are granted only to the extent of the County's
right, title and interest in the land to be entered upon and used by the holder and the holder will at all times assume risk
of and indemnify, defend and save harmless Brazos County from and against any and all loss, damages, cost or
expense arising in any manner on account of the exercise or attempted exercise by said holder of the aforesaid rights
and privileges.
Any deviation from these specifications must be approved by Brazos County Engineer's Office or its designated
representative.
Approval of County Engineer's Office may take as long as two weeks after complete application is received.
Applicant agrees to comply with all rules of the County Commissioners and the County Engineer in construction of
said installation attached hereto as BRA %OS COUNTY DESIGN STANDARDS AND SAFETY PRECAUTION
REQUiREMENTS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY and incorporated
herein for reference.
In the event Company fails to obtain a permit prior to the installation or does not install utilities in compliance with
installation requirements set forth herein (i.e. depth, location, etc), Company assumes all financial responsibility jar
damages and/or destruction oflines, cables, etc. based upon ifs failure to connply with Brazos County requirements.
Applicant agrees that if Brazos County demonstrates a violation of the terms of this policy, Applicant stipulates that
requisites for injunctive relief ecist and that Brazos Count), is entitled to relief enjoining any conduct by applicant
which is contrary to fire policies.
This permit is a revocable permit. Brazos County reserves the right to revoke this permit at any time, in the sole
discretion of Brazos County, for interests of public health, saftly or welfare, or for failure to repair any damages
upon demand, or for any other reason deemed sufficient by Brazos County.
In the event Company fails to comply with any or all of the requirements as set forth herein, the County may take
such action as it deems appropriate to compel compliance. The County Engineer further retains tire right to revoke
this Permit by verbal notification to the ApplicanlfCompany.
Failure to obtain this permit and/or notify the County Engineer's Office within 24 hours of beginning construction
shall constitutegrounds for job shutdown.
By signing below, 1 certify that 1 am authorized to represent the Company listed below, and that the Company agrees
to the conditions /provisions included in this permit..'
(70.fCps1 I�SOkfCcj
Email:
Vol. __ / Z A pg.
WATER UTILITY APPROVAL
Brazos County offers no objection to the proposed location of the utility in the County right of way as shown by
accompanying drawings and notice dated I ?- S" Zs13 except as noted below:
(Month/bay,'Year)
EXCEPTIONS:
�(eN�
r
/,
BRAZOS COUNTY ROADWAY SAFETY AND ROAD
PRESERVATION STANDARDS FOR WORK CONDUCTED IN
BRAZOS COUNTY RIGHTS OF WAY
A. General Requirements
1. Adequate drainage shall be maintained in ditches at all times.
2. Permittee will use best management practices ("BMP ") (EPA and TCEQ both provide lists of examples of
BMPs) to minimize erosion and sedimentation resulting from the proposed installation.
3. The permittee shall take precautions to avoid damage to property. All County Right of Way and property shall
be restored to its original condition, as far as practical, in the opinion of the County Engineer or appointed
representative.
4. The construction and maintenance of such utility shall not interfere with the property or rights of a prior
occupant.
5. Pennittee shall not interfere with other utilities located in the right of way. In the event damages occur,
permittee will be liable to the County or other utilities running through the right of way.
6. County Engineer shall determine whether or not pennittee's plans shall inconvenience the public. If it is
determined that inconvenience to the public exists, then the County Engineer will decide whether such project
will be allowed or if an alternative exists so as not to inconvenience the public.
B. Safety Requirements
I . Proper traffic control measures must be putt in place prior to beginning work and remain in place during the
duration of the job. All traffic control measures must follow the Texas Manual of Uniform Traffic Control
Devices ( TMUTCD). See Traffic Control Requirements below.
2. During construction, all safety regulations of the Texas Department of Transportation shall be observed.
3. Permittee must take such precautions and measures, including placing and displaying safety devices, as may
be necessary, in order to safely conduct the public through the project area. Company shall provide Flagmen,
signs, signals or devices necessary to provide complete safety to the public.
4. Adequate provisions must be made to cause minimum inconveniences to traffic and adjacent property owners.
5. No cable, conduit and/or pole line shall be laid, constructed, maintained and /or repaired so as to constitute a
danger or hazard of any kind to persons or vehicles using such road. Any poles placed in the Right of Way for
future installation shall be placed at the back of the Right of Way. Exceptions may be approved by the County
Engineer.
C. Traffic Control Plan
I . A traffic control plan, pursuant to the TMUTCD or Engineered Traffic Control Plan must be provided for the
following:
a. Any construction (i.e. pit, excavation, hole) tell open over night, requires specific ni Rhitime traffic
control measures pursuant to the TMUTCD;
b. If construction is within ten (10) feet of the roadway; or
c. Any work performed in the road right -of -way;
2. Plan must be attached to the pennit and kept at due job site anytime work is being performed.
Vol. /%z�— Pg.�
3. Plan must set forth the time of completion for the job.
D. Design Standards
1. All overhead installations shall conform to clearance standards of the Texas Department of Transportation and
the pole be placed in the designated area for power specified as set forth in the Texas Utilities Code, Section
181.045.
2. All pole installation (including lighting) shall be placed at the backside of the Right of Way to ensure safety to
the public. Any pole placed in violation of this requirement will be required to be moved to the appropriate
location at the company's expense. Exceptions may be approved by the County Engineer.
3. All underground installations shall (these are minimum depths — utility may place deeper):
a. be placed at a minimum depth of forty -eight (48) inches below the top of the pavement;
b. be at least thirty-six (36) inches below ditch Flow lire when installation is within the area measured from
top of bank to top of bank;
c. be at least forty - eight (48) inches below ditch flow line if low pressure gas or petroleum lines. For high
pressure gas and petroleum lines, see High Pressure Pipelines requirements listed below;
d. not be closer than ten (10) feet from the edge of pavement. Exceptions may apply in rights of way of less
than 60'.
4. Water Lines: All water lines must be a minimum 36- inches below the ditch flow line and cased. Waterlines
shall be cased if crossing under the roadway.
5. Utilities in all new developments that have 60 feet or greater of right of way shall be installed within
designated locations based upon the type of utility. The locations shall be as follows: (measured from back of
right -of- -way).
Power -0 -2 feet, nominally I'
Phone — 24 feet, nominally 3'
Gas -4 -6 feet, nominally 5'
Cable — 6 -8 feet, nominally 7'
6. Utilities with less than 60 feet right -of -way in all new developments shall install the utility in a similar manner
as referenced in No. 3 above, however, the County Engineer or its designated representative will provide final
approval of each utility location.
7. The length of any trench to be opened in advance of the pipe, conduit or ducts may not be longer than 400' if
left open over night or unattended.
8. Crossings under a county road shall:
a. be bored or jacked. ABSOLUTELY NO OPEN CUTS WITHIN COUNTY ROAD PAVEMENT;
b. be pressure grouted for the full length of dte crossing if the annular space between pipe and casing and
soil exceeds one (I ) inch. Brazos County must be given 24 hours notice of pressure grouting operations
and have the opportunity to have an inspector on site to observe pressure grouting operations;
c. TxDOT Standard Specificatiun Item 476 shall be followed for all boring, jacking, tunneling andjoints.
9. Bore Pits
a. 6o pits shall remain open longer than 2 days;
b. all pits shall have proper traffic control measures in place. See Traffic Control Plan listed above.
c. pits shall NOT be located within ten (10) feet from the edge of pavement without prior approval from the
County Engineer or his representative;
d. when pits are to remain open for more than 8 hours, due diligence will be used in protecting the spoil pile
to prevent drainage problems;
Vol. / 9) Pg.W
e. based upon soil conditions, the County Engineer or his representative may require shoring to protect
pavement integrity;
f. based upon soil conditions, the County Engineer or his representative may require pits be placed further
from the edge of road.
10. Any installation within ten (10) feet of edge of pavement shall meet the following;
a. location must be approved by the County Engineer or his representative
b. backfilled with cement stabilized material.
c. based upon soil conditions, the County Engineer or his representative may require shoring to protect
pavement integrity.
d. All excess water and mud shall be removed from the trench prior to backfilling. Any backfill placed
during a rainy period or at other times where excess water cannot be prevented from entering the trench
will be considered TEMPORARY and shall be replaced with PERMANENT cement stabilized material
as soon as weather permits;
e. All disturbed base and pavement materials shall be removed and restored to the satisfaction of the County
Engineer or his representatives.
f No side or lateral tamping to fill voids under the base and pavement materials is allowed.
11. Company must be careful to not jeopardize the slope or integrity of the shoulder of the road. In the event
Company damages the slope, shoulder or any other portion of the right -of -way, Company will be responsible
for repairing the damage and replacing the right -of -way to the condition it was prior to commencing
construction.
12. Operation of construction and/or maintenance equipment on the traveled surface of any improved County road
will not be permitted, except in an instance whereby the laying, construction, maintenance and/or repair of
cables, conduits and/or pole lines cannot be accomplished by any other method and in this event all such
equipment shall be of the rubber tire variety. Appropriate traffic control shall be provided meeting TMUTCD
requirements.
13. In the event said construction and/or maintenance and /or repair requires Company to remove, cut or
jeopardize any section of the road (asphalt, cement, road base, etc), Company will be required to provide a
performance bond or letter of credit securing necessary repairs. Said bond amount will be determined by the
County Engineer.
14. The applicant shall submit a letter of "No Objection" from the Army Corps of Engineers for all designated
wetlands and environmentally sensitive lands.
E. Emergency work
1. In the event Company is required to perform emergency services, that requires excavation in a County Right
of Way, and unable to notify the County Engineer prior to conducting emergency repairs, Company shall
notify County Engineer within 24 hours of beginning constntction/repairs. This will allow the County
Engineer and Road & Bridge Office an opportunity to inspect the site to ensure the integrity of the County
Right of Way and traffic safety controls used.
F. Repairs to existing facilities
1. Maintenance and/or repair to existing cables, conduits, and/or pole lines which require disturbance of the soil,
shall not be performed until plans describing such maintenance and/or repair have been approved by the
County Engineer or designated representative and a permit has been obtained.
G. Relocation of utilities:
1. When and if the County Engineer determines that it is necessary for the construction, repair, improvement,
alteration or relocation of all or any portion of said road, any or all poles, wires, pipes, cables or other facilities
and appurtenances authorized hereunder, shall be removed from said road, or reset or relocated thereon, as
required by the County Engineer within a reasonable time as determined by the County Engineer and Utility
Company, and at the expense of the Utility Company.
VOL pg.1 _
H. High Pressure Pipelines
1. All utility Permits for high pressure pipelines (generally 60 PSI or greater), whether pertaining to controlled
access or non - controlled access installations, should contain the following additional information in the
description of the permit.
- diameter
-wall thickness
- material specification
- minimum yield strength
- maximum operation pressure of the pipeline
2. With the exception of the maximum operation pressure of the pipeline, this information is to be supplied for
both the carrier pipe and the casing.
3. Assurance must also be given that the installation material and design meet the minimum Federal Safety
Standards for Liquid and Gas Pipe Lines. Assurance mast be provided on company letterhead and sided by an
authorized representative of the company.
4. Petroleum Pipelines:
pepth
Type of Pipeline (below deepest ditch grade) Special Requirements
Encased Pipe Less than 10' Must be covered with concrete pad at least 36 "deep
Encased Pipe Greater than 10' No concrete pad required
Non -Cased Pipe Less than 10' Must be covered with concrete pad at least 48"deep
Non -Cased Pipe Greater than 10' No concrete pad required
The Concrete pad shall be minimum of 3" thick and width shall be pipe diameter plus 18"
minimum.
5. Under no circumstances will a pipeline be installed parallel to a County Road within the Right -of-
Way. Transmission lines have been determined to be petroleum pipelines (which includes natural gas lines)
and shall not be parallel to a County Road.
6. Natural Gas Distribution is a line that serves the final customer.
Vol. 9a p9. 16
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1
BRAZOS COUNTY
COMMISSIONERS' COURT
ACTION FORM
DEPARTMENT: Road & Bridge
MEETING DATE: December 10, 2013
SUBJECT: Temporary Utility Pemiit — Halcon Resources
Consider and take action on the Halcon Resources utility permit to install temporary
10" aluminum water line through roadway culvert located on Dilly Shaw Tap Road.
Project will provide water to oil well. Site is located in Precinct 2.
SUBMITTED BY:
J c V. Salvato
Right of Way Agent
This request is APPROVED / DENIED ❑ by Commissioners' Court
Duane Peters, County Judge
DATE: I C)
Vol. lf2' pg. /G�
APPLICATION FOR WATER UTILITY PERMIT
DESIGNATING PLACEMENT OF UTILITY IN COUNTY RIGHT OF WAY
TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS
Pursuant to the Texas Utility Code, Section 181.024, comes now Halcon Resources [company name],
hereinafter referred to as "Company" a Texas [stare] Corporation, with authority to transact business in Texas,
acting by and through its duty authorized representative, and hereby petitions the County Engineer for the right to lay,
construct, maintain, repair and/or operate a gas facility under, over, across and /or along certain County Roads as
shown on drawings and diagrams attached hereto and said location described as follows:
Facility to Cross Road
Road Name & Block Number
Length of
Crossing
TYPE OF CONSTRUCTION
CHECK ONE
Bored
Jacked
Driven
Cased
Dilly Shaw Tap Road
70'
Facility to Parallel County Road Within Riebt•Of- -Way
Road Name and Block
Number From 7'o Depth Distance
CONSTRUCTION TYPE
10" Diameter Wall Thickness
Material Specification Aluminum
Maximum Operation Pressure 50 psi
PROJECT WILL LAY 10" ALUMINUM
WATER LINE THRU 36" CULVERT FOR
APPROX. 21 DAYS. DEC. 10th — DEC 31St
The location and description of the proposed installation and appurtenances must be fully shown on the attached
detailed drawings.
The Company shall commence actual construction /work in good faith within 60 days from the date of said permit and
shall complete said constntetion /work within 21 working days. (COMPANY MUST FILL IN). If such
construction is not begun by the 666 day, Company will be required to apply for a new permit.
Company declares that prior to filing this application, it has ascertained the location of all existing utilities, both aerial
and underground, and the filing of this application is prima facie evidence that the proposed installation will not
conflict with any existing utility.
A copy of this permit shall be kept at the job site any time work is being performed.
It is expressly stipulated that this Permit is a license for permissive use only and that the placing of facilities upon
public property pursuant to this permit shall not operate to create or vest any property right in said holder.
It is understood and agreed that the rights and privileges herein set out are granted only to the extent of the County's
right, title and interest in the land to be entered upon and used by the holder and the holder will at all times assume risk
of and indemnify, defend and save harmless Brazos County from and against any and all loss, damages, cost or
expense arising in any manner on account of the exercise or attempted exercise by said holder of the aforesaid rights
and privileges.
Any deviation from these specifications must be approved by Brazos County Engineer's Office or its designated
representative.
Approval of County Engineer's Office may take as long as two weeks after complete application is received.
Applicant agrees to comply with all rules of the County Commissioners and the County Engineer in construction of
said installation attached hereto as BRAZOS COUNTY DESIGN STANDARDS AND SAFETY PRECAUTION
REQUIREMENTS FOR WORK CONDUCTED iN BRAZOS COUNTY RIGHTS OF WAY and incorporated
herein for reference.
In the event Company fails to obtain a permit prior to the Installation or does not install utilities In compliance with
installation requirements set forth herein (Le, depth, location, etc), Company assumes all financial responsibithy for
damages and/or destruction of lines, cables, etc. based upon its failure to comply with Brazos County requirements.
Applicant agrees that if Brazos County demonstrates a violation of the terms of this policy, Applicant stipulates that
requisites far injunctive relief erisr and that Brazos County is entitled to relief enjoining any conduct by applicant
which is contrary to the policies.
This permit is a revocable permit. Brazos County reserves the right to revoke this permit at any time, in the sole
discretion of Brazos County,, for interests of public health, sajety or welfare, or for failure to repair any damages
upon demand, or for any other reason deemed sufficient by Brazos County.
In the event Company fails to comply with any or all of the requirements as set forth herein, the Cmuny may take
such action as it deems appropriate to compel compliance. The County Engineer further retain• the right to revoke
this Permit by verbal notification to the ApplicanilCompany.
Failure to obtain this permit and/or notJfy the County Engineer's Office within 14 hours of beginning construction
shall constitute grounds for jab shutdown.
By signing below, I certify that I am authorized to represent the Company listed below, and that the Company agrees
to the conditionstprovisions included in this permit.
r}afcov. Resokrc�
Company Name
0 o Fogicv'
Signature
@CCU
r c_ SNto•
Title
)DOD 4- 00u5,* -IcO " SuU&C,70c)
Address
tfousfot,\ 7 77oy2
C State Zip
;t i/g-4zz -/ Q
Phone Number
EM
�IUI'IFU$tCr Q}�u /•Gewx
WATER UTILITY APPROVAL
Brazos County offers no objection to the proposed location of the utility in the County right of way as shown by
accompanying drawings and notice dated /Z- S' 20,3 except as noted below:
(MonthfDay'Year)
EXCEPTIONS:
NONE
44,y / -1W&rg
Brazos unty Eng" ecr
i ure
A6.4/4s r
Title
Vol. / /� Pg. �O✓�
Joe V. Salvato
From: Hopfoster <hopfoster @aol.com>
Sent: Wednesday, December 04, 20134:54 PM
To: Joe V. Salvato
Sublem Crossing On Dilly Shaw Tap
Joe, we need to cross Dilly Shaw using 36" in culvert located at .9 miles west of FM 2776.
(30.45.518N 096'20.284W) Thanks Hop
Sent from my Wad
Begin forwarded message:
From: Hopfoster <hoofosternaaol.com>
Date: December 3, 2013 at 8:55:43 PM CST
To: hopfoster(a,aol.com
Subject: Route Kenny To Keller Pond
1 Vol. Pg /�
BRAZOS COUNTY ROADWAY SAFETY AND ROAD
PRESERVATION STANDARDS FOR WORK CONDUCTED IN
BRAZOS COUNTY RIGHTS OF WAY
A. GenerniRequiremenrs
1. Adequate drainage shall be maintained in ditches at all times.
2. Permittee will use best management practices (" BMP ") (EPA and TCEQ both provide lists of examples of
BMPs) to minimize erosion and sedimentation resulting from the proposed installation,
3. The permittee shall take precautions to avoid damage to property. All County Right of Way and property shall
be restored to its original condition, as far as practical, in the opinion of the County Engineer or appointed
representative.
4. The construction and maintenance of such utility shall not interfere with the property or rights of a prior
occupant.
5. Permittee shall not interfere with other utilities located in the right of way. In the event damages occur,
permittee will be liable to the County or other utilities running through the right of way.
6. County Engineer shall determine whether or not pemmittee's plans shall inconvenience the public. If it is
determined that inconvenience to the public exists, then the County Engineer will decide whether such project
will be allowed or if an alternative exists so as not to inconvenience the public.
B. Safety Requirements
I. Proper traffic control measures must be put in place prior to beginning work and remain in place during the
duration of the job. All traffic control measures must follow the Texas Manual of Uniform Traffic Control
Devices ( TMUTCD). See Traffic Control Requirements below.
2. During construction, all safety regulations of the Texas Department of Transportation shall be observed.
3. Permittee must take such precautions and measures, including placing and displaying safety devices, as may
be necessary, in order to safely conduct the public through the project area. Company shall provide flagmen,
signs, signals or devices necessary to provide complete safety to the public.
4. Adequate provisions must be made to cause minimum inconveniences to traffic and adjacent property owners.
5. No cable, conduit and/or pole line shall be laid, constructed, maintained and/or repaired so as to constitute a
danger or hazard of any kind to persons or vehicles using such road. Any poles placed in the Right of Way for
future installation shall be placed at the back of the Right of Way. Exceptions may be approved by the County
Engineer.
C. Traffic Conrral Plan
1. A traffic control plan, pursuant to the TMUTCD or Engineered Traffic Control Plan must be provided for the
following:
a. Any construction (i.e. pit, excavation, hole) left open over night, requires specific nighttime time traffic
control measures pursuant to the TMUTCD;
b. If construction is within ten (10) feet of the roadway; or
c. Any work performed in the road fight-of-way;
2. Plan must be attached to the permit and kept at the job site any time work is being performed.
Vol. / /10/1- p9, k °%
3. Plan must set forth the time of completion for the job.
D. Design Standards
I. All overhead installations shall conform to clearance standards of the Texas Department of Transportation and
the pole be placed in the designated area for power specified as set forth in the Texas Utilities Code, Section
181.045.
2. All pole installation (including lighting) shall be placed at the backside of the Right of Way to ensure safety to
the public. Any pole placed in violation of this requirement will be required to be moved to the appropriate
location at the company's expense. Exceptions may be approved by the County Engineer.
3. All underground installations shall (these are minimum depths — utility may place deeper):
a. be placed at a minimum depth of forty -eight (48) inches below the top of the pavement;
b. be at least thirty-six (36) inches below ditch flow line when installation is within the area measured from
top of bank to top of bank;
c. be at least forty-eight (48) inches below ditch flow line if low pressure gas or petroleum lines. For high
pressure gas and petroleum lines, see High Pressure Pipelines requirements listed below;
d. not be closer than ten (10) feet from the edge of pavement. Exceptions may apply in rights of way of less
than 60'.
4. Water Lines: All water lines must be a minimum 36- inches below the ditch flow line and cased. Waterlines
shall be cased if crossing under the roadway.
5. Utilities in all new developments that have 60 feet or greater of right of way shall be installed within
designated locations based upon the type of utility. The locations shall be as follows: (measured from back of
right -of -way).
Power — 0 -2 feet, nominally P
Phone — 24 teet, nominally 3'
Gas — 4 -6 feet, nominally 5'
Cable -6 -8 feet, nominally 7'
6. Utilities with less than 60 feet right -of -way in all new developments shall install the utility in a similar manner
as referenced in No. 3 above, however, the County Engineer or its designated representative will provide final
approval of each utility location.
7. The length of any trench to be opened in advance of the pipe, conduit or ducts may not be longer than 400' if
left open over night or unattended.
8. Crossings under a county road shall:
a. be bored orjacked. ABSOLUTELY NO OPEN CUTS WITHIN COUNTY ROAD PAVEMENT;
b, be pressure grouted for the full length of the crossing ij'the annular space between pipe and casing and
soil exceeds one (1) inch. Brazos County must be given 24 hours notice of pressure grouting operations
and have the opportunity to have an inspector on site to observe pressure grouting operations;
c. TxDOT Standard Specification Item 476 shall be followed for all boring, jacking, tunneling andjoints.
9. Bore Pits
a. no pits shall remain open longer than 2 days;
b. all pits shall have proper traffic control measures in place. See Traffic Control Plan listed above.
c. pits shall NOT be located within ten (10) feet from the edge of pavement without prior approval from the
County Engineer or his representative;
d. when pits are to remain open for more than 8 hours, due diligence will be used ill protecting the spoil pile
to prevent drainage problems;
Vol. _ /1� P9. 1W
e. based upon soil conditions, the County Engineer or his representative may require shoring to protect
pavement integrity;
f. based upon soil conditions, the County Engineer or his representative may require pits be placed further
from the edge of road.
10. Any installation within ten (10) feet of edge of pavement shall meet the following:
a. location must be approved by the County Engineer or his representative
b. backfilled with cement stabilized material.
c. based upon soil conditions, the County Engineer or his representative may require shoring to protect
pavement integrity.
d. All excess water and mud shall be removed from the trench prior to backlilling. Any backtill placed
during a rainy period or at other times where excess water cannot be prevented from entering the trench
will be considered TEMPORARY and shall be replaced with PERMANENT cement stabilized material
as soon as weather permits;
e. All disturbed base and pavement materials shall be removed and restored to the satisfaction of the County
Engineer of his representatives.
f. No side or lateral tamping to fill voids under the base and pavement materials is allowed.
11. Company must be careful to notjeopardize the slope or integrity of the shoulder of the road. In the event
Company damages the slope, shoulder or any other portion of the right -of -way, Company will be responsible
for repairing the damage and replacing the right-of-way to the condition it was prior to commencing
construction.
12. Operation of construction and/or maintenance equipment on the traveled surface of any improved County road
will not be permitted, except in an instance whereby the laying, construction, maintenance andtor repair of
cables, conduits and/or pole lines cannot be accomplished by any other method and in this event all such
equipment shall be of the rubber tire variety. Appropriate traffic control shall be provided meeting TMUTCD
requirements.
13. In the event said construction and/or maintenance and /or repair requires Company to remove, cut or
jeopardize any section of the road (asphalt, cement, road base, etc). Company will be required to provide a
performance bond or letter of credit securing necessary repairs. Said bond amount will be determined by the
County Engineer.
14. The applicant shall submit a letter of "No Objection' from the Army Corps of Engineers for all designated
wetlands and environmentally sensitive lands.
E. Emergency work
I. In the event Company is required to perform emergency services, that requires excavation in a County Right
of Way, and unable to notify the County Engineer prior to conducting emergency repairs, Company shall
notify County Engineer within 24 hours of beginning construction/repairs. This will allow the County
Engineer and Road & Bridge Office an opportunity to inspect the site to ensure the integrity of the County
Right of Way and traffic safety controls used.
F. Repairs to existing facilities
1. Maintenance and/or repair to existing cables, conduits, and/or pole lines which require disturbance of the soil,
shall not be performed until plans describing such maintenance and/or repair have been approved by the
County Engineer or designated representative and a permit has been obtained.
G. Relocation of utilities:
1. When and if the County Engineer determines that it is necessary for the construction, repair, improvement,
alteration or relocation of all or any portion of said road, any or all poles, wires, pipes, cables or other facilities
and appurtenances authorized hereunder, shall be removed from said road, or reset or relocated thereon, as
required by the County Engineer within a reasonable time as determined by the County Engineer and Utility
Company, and at the expense of the Utility Company.
Vol. / %� Pg- /0--
H. High Pressure Pipelines
I. All utility Permits for high pressure pipelines (generally 60 PSI or greater), whether pertaining to controlled
access or non - controlled access installations, should contain the following additional information in the
description of the permit.
- diameter
-wall thickness
- material specification
- minimum yield strength
- maximum operation pressure of the pipeline
2. With the exception of the maximum operation pressure of the pipeline, this information is to be supplied for
both the carrier pipe and the casing,
3. Assurance must also be given that the installation material and design meet the minimum Federal Safety
Standards for Liquid and Gas Pipe Lines. Assurance must be provided on company letterhead and signed by an
authorized representative of the company.
4. Petroleum Pipelines:
Depth
Type of Pipeline (below deepest ditch grade) Special Requirements
Encased Pipe Less than 10' Must be covered with concrete pad at least 36 "deep
Encased Pipe Greater than 10' No concrete pad required
Non -Cased Pipe Less than 10' Must be covered with concrete pad at least 48 "deep
Non -Cased Pipe Greater than 10' No concrete pad required
The Concrete pad shall be minimum of 3" thick and width shall be pipe diameter plus 18"
minimum.
5. Under no circumstances will a pipeline be installed parallel to a County Road within the Right -of-
Way. Transmission lines have been determined to be petroleum pipelines (which includes natural gas litres)
and shall not be parallel to a County Road.
6. Natural Gas Distribution is a line that serves the final customer.
,
Vol. / Pg. //D
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DEPARTMENT:
MEETING DATE:
SUBJECT:
11
BRAZOS COUNTY
COMMISSIONERS' COURT
ACTION FORM
Road & Bridge
December 10, 2013
Private Property Access
Request permission to enter private property owned by Don H. Kopetsky located on
Kopetsky Road. Project will clear trees and brush along creek channel. Roadway culvert
will then be relocated and replaced once creek channel is realigned to correct drainage
issues. Rip -rap material may be placed on private property for erosion control. This
work is being performed for the health, safety and welfare of the general public. Site is
located in Precinct 2.
SUBMITTED BY:
Salvato
J Right of Way Agent
APPROVED BY:
ammo .atalena
Commissioner Precinct 2
This request is C� APPROVED / DENIED ❑ by Commissioners' Court
Duane Peters, County Judge
DATE: 19-I I O IO -
Vol. ia� pg. / /e2
��SE op
1
E
Ir N\.
BRAZOS COUNTY
PRIVATE PROPERTY ACCESS FORM
E. Duane Peters
Brazos County Judge
Lloyd Wassermann
Commissioner Puy, 1
Sammy Catalena
Commissioner PU, 2
Kenny Mallard
Commissioner Pct. 3
Irma Cauley
Commissioner Pct. 4
OWNER(S): Don H. Kopetsky
R. Alan Munger, P.E.
Canty Engineer
Brazos County Road 8 Bridge Dept.
2817 Hwy 21 West
Bryan, Teas 77803
Office: 979.822 -2127
Fax: 979 - 775 -0453
ramun9erGoWosccu ntylx.gcv
II. ADDRESS: 4057 Austins Xing
Bryan, Texas 77808
III. LOCATION OF WORK: Kopetsky Road
R11761 — Thomas James, A -25, Tract 12, 43.5 acres
IV. DESCRIPTION OF WORK: Project will clear trees and brush along creek channel.
Roadway culvert will then be relocated and replaced once the creek channel is
realigned to correct drainage issues. Rip -rap material may be placed on private
property for erosion control. This work is being done for the health, safety and
welfare of the general public.
Additional
V. MAINTENANCE: Yes
No X
IF YES. ESTIMATE FREQUENCY OF MAINTENANCE: N/A
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: _�'
_I * g�, I
R. Alan Munger, P.E./-- -.-
County Engineer
ti - Ito -7-013
Salvato
it of Way Agent
1 iii
DEPARTMENT:
MEETING DATE:
SUBJECT:
z_
BRAZOS COUNTY
COMMISSIONERS' COURT
ACTION FORM
Road & Bridge
December 10, 2013
Private Property Access
Request permission to enter private property owned by Jana R. Moore located on
Dilly Shaw Tap Road. This project will repair erosion at the Wickson Creek bridge.
Rip -rap material will be place on private property for erosion control. This work is
being performed for the health, safety and welfare of the general public. Site is
located in Precinct 2.
SUBMITTED BY:
Jo . Salvato
Right of Way Agent
APPROVED BY:
Sammy ' alena
Commissioner Precinct 2
This request is C4 APPROVED / DENIED ❑ by Commissioners' Court
LLI'll - .._
Duane Peters, County Judge
DATE: Ia1 D// 3
L Vol. - -%_ Py. 11
BRAZOS COUNTY
PRIVATE PROPERTY ACCESS FORM
E. Duane Peters
Brazos County Judge
Lloyd Wassermann
Commissioner Pct. 1
Sammy Catalano
Commissioner Pct. 2
Kenny Mallard
Commissioner Pct. 3
Irma Cauley
Commissioner Pct.4
OWNER(S): Jane R. Moore
(Ranch Manager — Marshall Wallace)
II. ADDRESS: 2529 FM 2776
Bryan, Texas 77808
R. Alan Munger, P.E.
County Engineer
Brazos County Road & Bridge Dept
2617 Hwy 21 West
Bryan. Texas 77803
Otfica: 979 - 822.2127
Fax: 979- 775 -0453
ramunger ®brazcscountytc gov
III. LOCATION OF WORK: 6270 Dilly Shaw Tap Road
R10760— Green Coleman Survey, A -10, Tract 10, 82.6 acres
IV. DESCRIPTION OF WORK: Project will repair erosion at the Wickson Creek bridge
located Dilly Shaw Tap Road. Rip -rap material will be placed on private property
for erosion control. This work is being done for the health, safety and welfare of
the general public.
Additional Comments
V. MAINTENANCE: Yes No X
IF YES, ESTIMATE FREQUENCY OF MAINTENANCE: N/A
I (we) the undersigned owner(s) grant permission to Brazos County the ability to access the
above mentioned private property for roadway maintenance purposes.
Owner's Signature: �d Ufa _ Date
R. Alan Munger, P. _ JO V. Salvato
County Engineer ight of Way Agent
23
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT(S) FOR THE 2013 -2014 BUDGET YEAR
NO. 13114 10.1 -10.6
On this the 10th day of December 2013 at a regular meeting of the Commissioners' Court, the
following members were present:
A. Duane Peters, County Judge, Presiding
B. Lloyd Wassermann, Commissioner, Precinct 1
C. Sammy Catalena, Commissioner, Precinct 2
D. Kenny Mallard, Commissioner, Precinct 3
E. Irma Cauley, Commissioner, Precinct 4
F. Karen McQueen, County Clerk
The following proceedings were held:
THAT WHEREAS, on 10th day of December 2013 the Court heard and approved a budget
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 10th day of December 2013.
THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS.
By:
2LL-
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. 9°� Pg. /��
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 13114 - 10.1
1211012013
FUNDI
DIV
I ACCT
PROD
I DR1CR
ACCOUNT NAME
Increase
Decrease
11001
11002500
f 61130000
_
CR
Contingency
afe
7419.00
1100
11002500
51300000
DR
Sal - Staff
6,080.0
1100
11002500
53100000
DR
Social Security
465.00
1100
11002500
53200000
DR
Retirement
851.00
1100
11002500
53800000
DR
Workers Comp
23.00
HOT Fuad
Reallocation of funds to supppott salary increase for Marketing & Sales - Outside, Class Code 0851 Position I. Increase was approved on
December 3, 2013, ltcm #3.
I
.�.wl
[DepaitmentAppiovah
_
;t =;{
z
afe
Fol..
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 13114 -10.2
12/1012013
FUND
DIV
ACCT
PROD
DR/CR
ACCOUNT NAME
Increase
Decrease
4500
63000500
80890000
CR
Vehicles
40393.00
4500
63000500
80892800
DR
Vehicles - SO
20 421.00
4500
63000500
- 80893010
DR
Vehicles - Constable 1
9.537.00
4500
63000500
80893020
DR
Vehicles - Constable 2
449.00
4500
63000500
80893030
DR
Vehicles - Constable 3
449.00
4500
63000500
80893040
DR
Vehicles - Constable 4
9,537.00
Ca Ital Projects
Reallocation of funds to purchase MDT's and Arbitrators for patrol vehicles.
i
of funds to
BRAZOS COUNTY, TEXAS
BUDGETAMENDMENTS
No. 13114 -10.3
Services
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 13/14 -10.4
Pg. _/01-0
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 13114.10.5
12110/2013
General Fund Contingency and SO - Jail
Realtocation of funds to support utilities at the Jail for the remainder of FY 14.
Vol. _ Pg. �o�
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 13/14-10-6
Vol. % f,� Pg.�
PERSONNEL
CHANGE OF STATUS REQUESTS
Commissioner Court Date: December 10, 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
Ag Extension Anderson, Janice Transferw /in Dept.
Snowden, Brittany
Resignation
Juvenile Services Coker, Colin
State Stipend
Coleman, Brandon
State Stipend
Crist, Stephanie
State Stipend
Harris, Demarnae
State Stipend
Hunsberger, Cyndi
State Stipend
Norid, Jeanie
State Stipend
Ricketson, Linda
State Stipend
Roberts, Barbara
State Stipend
Storemski, Jonathan
Step Increase
Taylor, Jannifer
State Stipend
Thomas, Neshae
State Stipend
Thompson, Donald
State Stipend
Vance, Doug
State Stipend
Whetstone, Antis
State Stipend
S.O. Jail Manson, Patrick Transfer w /in Dept
Approved in Commissioners' Court: Decemb r 10
County Judge's or Commissioner's Signature:
(This Copy to be attached to minutes)
Pg, �4�
26
§ COUNTY OF BRAZOS
§ STATE OF TEXAS
COMMISSIONERS COURTS: DELIBERATION REGARDING CONTRACT BEING
NEGOTIATED; CLOSED MEETING.
The Commissioners Court ( "Court") has proposed to deliberate the negotiation of a
contract regarding a medical director for the Brazos County Jail in closed session. The
proposed direction is a local doctor with a practice in this area. The Court wishes to
deliberate the business and financial issues of the proposed contract.
Texas Government Code §551.0725 provides that the Court may deliberate the
business and financial issues of this contract in closed session if, before conducting the
closed meeting:
(1) the Court votes unanimously that deliberation in an open meeting would have a
detrimental effect on the position of the Court in negotiations with a third person; and
(2) the attorney advising the commissioners court issues a written determination that
deliberation in an open meeting would have a detrimental effect on the position of the
commissioners court in negotiations with a third person.
(b) Notwithstanding Section 551.103(a), Government Code, the commissioners court
must make a tape recording of the proceedings of a closed meeting to deliberate the
information.
It is my determination that deliberation in an open meeting would have a detrimental
effect on the position of the Court in negotiations with a third person.
Bill Ballard
Assistant County Attorney
Date:
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21