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Home My WebLink About2014-01-28-10:00AM-REGULAR MEETINGBRAZOSCOUNTY BRYAN,TEXAS NOTICE OF MEETING AND AGENDA t M111 JPN N P t11 20 BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON JANUARY 28, 2014 AT 10:00 AM IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVE., SUITE 106, BRYAN, TX 77803 Invocation and Pledge of Allegiance - U.S. and Texas Flag - Chaplain G.H. Jones and Commissioner Catalena. 2. Call for Citizen input and /or concerns. Presentation(s) Presentation regarding Delinquent Property Tax Collection Activity for the period of September 1, 2013 through December 31, 2013. Consider and take action on agenda items 4 - 30: 4. Proclamation 14 -012 establishing February 1 - March 29 2014 as Walk Across Texas an eight -week Physical activity program to encourage a more active lifestyle. 5. Order temporarily relocating polling place for Election Precinct 39. Orden oara reubicar temporalmente el lugar de votacion oara oreclnto electoral 39. 6. Appointment of Eric V. Caldwell as a non -paid Deputy for Constable. Precinct 1 office. 7. Appointment of David James Thomas as a non -paid Deputy for Constable. Precinct 2 office. 8. Request from the County Clerk to trade 52 used DAU voting units to Hart Intercivic for a savings of $13.000.00. 9, Payment Authorization to Alliance in the amount of $11.847.92 for engineering services for the 10. Request from the Information Technoloav Department for approval of Chanae Order CO -012 to Justice Vol. pg, l/3 Software Project adtusting the protect schedule. 11. Request from the Information Technology Department for approval of the 04 2013 Quarterly Performance Report for the Justice Software Project. 12. Approval of Amendment #2 to the Contract between Brazos County and American Cadastre, LLC (dba AMCAD). 13, Consider and approval of Unimproved Property Contract of Sale between Larry and Mary Jane West and Brazos County. 14, Consider and approval of Improved Property Contract of Sale between Larry West Repair Service, Inc. and Brazos County. 15, Approval of the following contracts for fire panel monitoring with A -1 Fire and Security: • a. Administration Building • b. Courthouse • c. Expo - Main Building • d. Expo - North Arena • e. Expo - South Arena • f. IT Building • g. Sheriff's Office Admin 16. Approval of contract with L -3 Communications for annual maintenance on the two (2) County owned X- Rav Scanners. 17. Renewal of bid contract 2014 -33R, Pharmaceuticals with Contract Pharmacy Services, Inc. 18, Requisition #00045834 to CDW Government in the amount of $654.15 to purchase a computer for JP 2.1 using JP Technology Funds. 19, Capital requisition #00045910 to Building Abatement Demo in the amount of $100,000.00 for abatement on courthouse - phase IV. This is being done on TCPN contract #R5067. 20. Capital requisition #00045912 to Austin Environmental in the amount of $18,000.00 for air monitoring and reporting on asbestos removal for phase IV of courthouse. 21. Consider and take action on the Halcon Resources utility permit to install temporary 10" aluminum 22. Consider and take action on the Halcon Resources utility permit to install temporary 10" aluminum water line through roadway culvert and also along the south right of way of Harris Lane. Project will provide water to oil well. Site is located in Precinct 2. 23. 24. Tax Refund Applications for the following: • a. Isabel Dela Rosa - overpayment- $12.04 • b. Amish Furniture for Generations - overpayment- $10.87 25. Budget Amendments. Budget Amendments FY 13/14 16.1 26, Capital requisition #00045782 to Midwest Interface Systems in the amount of $289.00 to purchase speakers for the Budget Conference room. 27. Personnel Change of Status. Personnel Action Forms 28. Payment of Claims. 29. Convene into Executive Session pursuant to 551.0785 for deliberations involving medical or psychiatric records of a county employee. 30. Consider and possible action on Executive Session. 81. Acknowledgement of the Quarterly Investment Report ending 12/31113. 32. Sheriff's report on inmate population. 33. Announcement of interest items and possible future agenda topics. 34. Call for Citizen input and /or concerns. 35. Adjourn. Vol. � - , of PUBLIC COMMENTS Public Comment during the Commission Meeting may be for all matters, both on and off the agenda, and be limited to four minutes per person. Persons are invited to submit comments in writing on the agenda items and/or attend and make comment at the Commission meeting. Members of the public are reminded that the Brazos County Commissioners Court is a Constitutional Court, with both judicial and legislative powers, created under Article V, Section 1 and Section 18 of the Texas Constitution. As a Constitutional Court, the Brazos County Commissioners Court also possesses the power to issue a Contempt of Court Citation under Section 81.024 of the Texas Local Government Code. Accordingly, members of the public in attendance at any Regular, Special and /or Emergency meeting of the Court shall conduct themselves with proper respect and decorum in speaking to, and/or addressing the Court; in participating in public discussions before the Court; and in all actions in the presence of the 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, profane, insulting or threatening language directed toward the Court and/or any person in the Courrs presence and /or racial, ethnic or gender slurs or epithets will not be tolerated. Violation of these rules may result in the following sanctions: 1. cancellation of a speaker's time; 2. removal from the Commissioners Court; 3. a Contempt Citation; and/or 4. such other and/or criminal sanctions as may be authorized under the Constitution, Statutes and Codes of the State of Texas. The County Commissioners Court can deliberate or take action only if a matter has been listed on an agenda properly posted prior to the meeting. During the public comment period, speakers may address matters not listed on the published agenda. The Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court. However, responses from the County Judge or Commissioners to unlisted public comment topics could become deliberation on a matter without notice to the public. To ensure the public has notice of all matters the Commissioners Court will consider, the County Judge and /or Commissioners may choose not to respond to public comments, except to correct factual inaccuracies, recite existing policy in response to an inquiry or to ask that a matter be listed on a future agenda. See Texas Open Meetings Act ? 551.042. INVOCATION Any invocation that may be offered before the official start of the Court meeting shall be to and for the benefit of the Court. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Court and do not necessarily represent the religious beliefs or views of the Court in part or as a whole. No member of the community is required to attend or participate in the invocation and such decision will have no impact on their right to actively participate in the business of the CourL The Commissioners Courtroom of the County Administration Building, 200 South Texas Ave., Suite 106, Bryan, TX 77803 is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two working days before the meeting. To make arrangements, please call (979) 361-4102. Vol. % % pg, /�o fG` Ly Of Ew AV BRAZOS COUNTY BRYANJEXAS MINUTES January 28, 2014 BRAZOS COUNTY COMMISSIONERS COURT REGULAR MEETING E Signature Page.0 File Stamped Agenda.pdf 92 Sign in sheet.0 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, January 28, 2014 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, Late. The attached sheets contain the names of the citizens and officials that were in attendance. Invocation and Pledge of Allegiance - U.S. and Texas Flag - Chaplain G.H. Jones and Commissioner Catalena. 2. Call for Citizen input and /or concerns. There was no citizen's input. 3. Presentation(s) Presentation regarding Delinquent Property Tax Collection Activity for the period of September 1, 2013 through December 31, 2013. The presentation was tabled due to Mr. Veselka being unable to make the trip from Austin because of the icy weather conditions. Motion: Table, Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters, Wassermann . Consider and take action on agenda items 4 - 30: 4. Proclamation 14 -012 establishing February 1 - March 29, 2014 as Walk Across Texas, an eight -week physical activity program to encourage a more active lifestyle. Ll� Item 4. odf The Court approved as submitted a Proclamation proclaiming February 1 to March 29 as S weeks of fun and fitness known as Walk Across Texas. The County Judge presented the Proclamation to Flora Williams with AgriLife Extension Service and Sarah Mendez with the Brazos County Health Department. Ms. Williams encouraged Brazos County citizens to participate and increase their physical activity level. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters, Wassermann. 5. Order temporarily relocating polling place for Election Precinct 39. Orden para reubicar temporalmente el lugar de votacion para precinto electoral 39. U. Item 5.odf The next matter before the Court was an Order Relocating Polling Place for Election Precinct 39. The polling place is currently located in the St. Francis Episcopal Church, 1101 Rock Prairie Road, College Station, Texas and must be moved because the church will not be available for use in the upcoming 2014 primary elections. The Court is desirous of relocating the polling place from the St. Francis Church to the College Station Utilities Meeting & Training Facility, 1603 Graham Road, College Station, Texas. Motion: Approve. Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann. 6. Appointment of Eric V. Caldwell as a non -paid Deputy for Constable, Precinct 1 office. 9Z Item 6.odf This is contingent on the appointment being within the allotted number of deputies. The County Judge congratulated Mr. Caldwell. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters, Wassermann. Appointment of David James Thomas as a non -paid Deputy for Constable, Precinct 2 office. L--". Item TO This is contingent on the appointment being within the allotted number of deputies Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Vol. / 9� Pg. //g Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard, Peters, Wassermann . 8. Request from the County Clerk to trade 52 used DAU voting units to Hart Intercivic for a savings of $13,000.00. 8s Item 8.0 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. Payment Authorization to Alliance in the amount of $11,847.92 for engineering services for the Metropolitan Planning Organization's SH 6 Corridor Study; purchase order was not obtained in advance. L� Item 9.odf Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann. 10. Request from the Information Technology Department for approval of Change Order CO -012 to Justice Software Project adjusting the project schedule. E Item 10.0 f The Court approved as submitted a request from the Information Technology Department of a Change Order CO -012 to the Justice Software Project adjusting the time line from February 2014 to September 2014. Ian Scares, Project Manager gave the Court an update on the project saying that they were meeting goals, having good interaction. The adjustment was needed to work on integration and data conversion. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard , Peters , Wassermann . 11. Request from the Information Technology Department for approval of the Q4 2013 Quarterly Performance Report for the Justice Software Project. V- Item 11.odf The Court approved as submitted the Q4 2013 Quarterly Performance Report for the Justice Software Project. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard , Peters, Wassermann. 12. Approval of Amendment #2 to the Contract between Brazos County and American Cadastre, LLC (dba AMCAD). 1 1y Item 12.0 f A copy of the amendment 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 . 13. Consider and approval of Unimproved Property Contract of Sale between Larry and Mary Jane West and Brazos County. L: Item 13.odf FV01- A copy of the contract 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 . 14. Consider and approval of Improved Property Contract of Sale between Larry West Repair Service, Inc. and Brazos County. r!S Item 14.0 A copy of the contract 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 . 15. Approval of the following contracts for fire panel monitoring with A -1 Fire and Security: 1C Item 15.odf • a. Administration Building • b. Courthouse • c. Expo - Main Building • d. Expo - North Arena • e. Expo - South Arena • f. IT Building • g. Sheriffs Office Admin A copy of each contract 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 . 16. Approval of contract with L -3 Communications for annual maintenance on the two (2) County owned X -Ray Scanners. U Item 16.0 The term of the contract is February 3, 2014 through February 2, 2015. A copy of the contract is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5-0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann. 17. Renewal of bid contract 2014 -33R, Pharmaceuticals with Contract Pharmacy Services, Inc. � Item 17.odf The Court approved as accepted the renewal of bid contract 2014 -33R Pharmaceuticals with Contract Pharmacy Services, Inc. All terms, conditions and pricing shall remain the same. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters. Wassermann. 18. Requisition #00045834 to CDW Government in the amount of $654.15 to purchase a computer for JP 2.1 using JP Technology Funds. Vol. 196 Pg. I Ze l'- Item 18.odf Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard. Peters. Wassermann . 19. Capital requisition #00045910 to Building Abatement Demo in the amount of $100,000.00 for abatement on courthouse - phase IV. This is being done on TCPN contract #R5067. 6 Item 19.0 Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . 20. Capital requisition #00045912 to Austin Environmental in the amount of $18,000.00 for air monitoring and reporting on asbestos removal for phase IV of courthouse. 8° Item 20.odf Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters. Wassermann. 21. Consider and take action on the Halcon Resources utility permit to install temporary 10" aluminum water line within and along the north right of way of Goodson Bend Road. Project will provide water to oil well. Site is located in Precinct 2. IL`. Item 21.0 Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters, Wassermann. 22. Consider and take action on the Halcon Resources utility permit to install temporary 10" aluminum water line through roadway culvert and also along the south right of way of Harris Lane. Project will provide water to oil well. Site is located in Precinct 2. IL Item 22.0 Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . 23. Consider and take action on the Wickson Creek S.U.D. utility permit to construct 1 1/2" road bore under Hudspeth Road. This project will provide water service to customer at address #9618. Site is located in Precinct 2. Item 23.odf Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley , Mallard , Peters , Wassermann . 24. Tax Refund Applications for the following: fi'- Item 24.0 • a. Isabel Dela Rosa - overpayment - $12.04 • b. Amish Furniture for Generations- overpayment - $10.87 Motion: Approve. Moved by Commissioner Irma Cauley, Seconded by Commissioner Pg. �� LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters, Wassermann . 25. Budget Amendments. Budget Amendments FY 13/14 16.1 Item 25.0 16.1 Reallocate funds for Capital Improvement Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann. 26. Capital requisition #00045782 to Midwest Interface Systems in the amount of $289.00 to purchase speakers for the Budget Conference room. E Item 26.0 f Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . 27. Personnel Change of Status. Personnel Action Forms 6e Item 27.0 A copy of the Personnel Change of Status requests is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters Wassermann. 28. Payment of Claims. Claims Sheet.edf U BILL LIST 01.28.14.0df 7117950 through 7118200 Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . 29. Convene into Executive Session pursuant to 551.0785 for deliberations involving medical or psychiatric records of a county employee. At this point, the County Judge announced the Court would consider items 31 through 34 then return to convene into Executive Session. Having considered the previously noted items, at 10:30 a.m. the County Judge announced the meeting closed to the public so that the Court could meet in Closed Executive Session to discuss the medical or psychiatric records of a county employee as allowed under Section 551.0785 of the Texas Government Code. The following individuals were asked to stay for the meeting: Candy Gallego, Executive Assistant Vol. % %� Pg. /Z Bill Ballard, Civil Counsel Kendra Suhling, Civil Counsel Jennifer Salazar, Director Human Resources Jacklyn Cantu, Human Resources 30. Consider and possible action on Executive Session. At 10:51 a.m. the County Judge announced the meeting open to the public and on motion by Commissioner Cauley, seconded by the County Judge, the Court unanimously approved a specific procedure for a certain employee. 31. Acknowledgement of the Quarterly Investment Report ending 12/31/13. Item 31.odf The Court acknowledged receipt of and ordered filed as submitted the Treasurer's Quarterly Investment Report ending December 31, 2013. A copy is attached and made a part of these minutes. 32. Sheriffs report on inmate population. Sheriff Chris Kirk stated there were 591 inmates in jail, 58 have electronic monitors and 0 are pending for monitors. 33. Announcement of interest items and possible future agenda topics. Commissioner Mallard said there will soon be another evening police academy starting locally. He asked everyone to let people know so that there will be enough attendance to keep the program going. 34. Call for Citizen input and /or concerns. There was no citizen input. 35. Adjourn. Vol. / i � pg. � The foregoing minutes of the Commissioners Court meeting held January 28. 2014 have been examined and are approved in open Court this y. • , day of Duane Peters County Judge 2014, in Bryan, Brazos County, Texas. 2 Irma Cauley Commissioner, Precinct 4 Attest: ( A Kdren McQueen County Clerk Vol / 9 / Page /,-;� �/ Lloyd Wassermann Commissioner, Precinct 1 �'I N Kenny Mallard Commissioner, Precinct 3 r. BRAZOS COUNTY COMMISSIONERS COURT MEETING ON E - 200 AT 664 Name Organ ization /Dep ment 1 .� 1 J h i �r (a,z tr� 14-� Pg. '� r BRAZOS COUNTY COMMISSIONERS COURT MEETING ON \ I �� 200 AT Name Organization /Dep ment i 1 'Af� S'o�fr s ! . T. ,s -7 'I paw C ,b Etc Vol. / 9� P. /� 4 Walls Across Texas! 2014 Walk Across Texas! 4�egEN.1T�`� xrE.S�o WHEREAS, It is never too late to start an active lifestyle. No matter how old you are, how unfit you feel or how long you have been inactive, research shows that starting a more active lifestyle now through regular, moderate-intensity activity can make you healthier and improve your quality of life. WHEREAS, Regular physical activity substantially reduces the risk of coronary heart disease, the nations leading cause of death and decreases the risk of stroke, colon cancer, diabetes and high blood pressure. WHEREAS, Regular physical activity also helps to control weight; contributes to healthy bones, muscles and joints; reduces the symptoms of anxiety and depression and is associated with fewer hospitalizations, physician visits and medications. WHEREAS, Physical activity need not be strenuous to be beneficial; people of all ages benefit from participating in regular, moderate - intensity physical activity, such as 30 minutes of brisk walking five or more times a week. WHEREAS, Walk Across Texas! is an eight-week physical activity program with one goal — to increase your physical activity level. Walk Across Texas uses friendly competition and group support to encourage adults and adolescents to become physically active. NOW THEREFORE BE IT PROC LA_MM that I Duane Peters, Brazos County Judge do hereby pros! ' ebruary 1 to March 9, 2014 as 8 weeks of fun and fitness and urge all B zos Co ty citi to anti 'pate in Walk Across Texas! and increase their physical tivity le el. Com es�ionernPnr inctl Commissio er Precinct 3 County Judge I Vol. I pg- /,�- ORDER RELOCATING POLLING PLACE FOR ELECTION PRECINCT 39 WHEREAS, there exists at the present time a certain polling place which cannot be used for the purpose of conducting elections; and WHEREAS, the polling place for Election Precincts 39 is currently located in the St. Francis Episcopal Church 1101 Rock Prairie Rd, College Station, Texas; and WHEREAA, the St. Francis Episcopal Church is not available for use in the upcoming 2014 primary elections; and WHEREAS, for the convenience of the voters it is recommended that Election Precinct 39 be temporarily moved to the College Station Utilities Meeting & Training Facility 1603 Graham Road, College Station, Texas: NOW THEREFORE, BE IT RESOLVED BY THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS, THAT: Pursuant to Chapter 43 of the Texas Election Code that the location of the polling place be temporarily relocated in Brazos County to wit: and THAT the polling place for Election Precinct 39 be temporarily located in the College Station Utilities Meeting & Training Facility 1603 Graham Road, College Station, Texas. h ADOPTED this .rday of ri llGl M NAYS. ATTEST: Karen McQueen, County Clerk 2014 by a vote of AYES and County ol. — Pg �o2d DAUB replaced with new 2014 purchases. Serial Numbers for Trade Ins Vol. A02C05 A02BFC A02BBF A02B84 A02BE9 A029A4 A02C29 A02C01 A02B25 Vol. 196 Pa. /3O �o toot /11CAD CIJIMS Change Order CO -012 Project Name: CIJIMS Brazos County, TX Project 10 #: 164.03.100 Project Manager: Steve Pontius Change ID#: CIJIMS CO -012 Title of Change: CIJIMS CO -012 Project Schedule Rev4 Change Order Requester: Brazos County I Request Date: 1 12/1/2012 Added CO -012 is a CIJIMS change order which will account for the updates and modifications Functionality which have been made to the project schedule. The first revised project schedule, and "CIJIMS Project Schedule RevW was issued to Brazos County for review and approval Specifications via CO -10 and was approved by Brazos County on January 22n°, 2013. CO -012 will track the second set of changes which have been made to the project schedule since the revised project schedule was approved by Brazos County in January, 2013. The changes reflected in this updated project schedule will account for the delays associated with the delivery of the source data for conversion as well as the delays associated with the delivery of the production release candidate software. These two delays have impacted the original target implementation date of 012014. For the specific date changes and updates being made to the project schedule, please reference the attached document, 'CIJIMS Project Schedule Rev4 ". The approval and execution of this CO -12 will define the project schedule, "CIJIMS Project Schedule Rev4' as the project schedule of record and will be controlling. Additionally, the "CIJIMS Project Schedule Rev4" will supersede all versions of the project schedule previously issued to Brazos County. Due to the nature of this change order, there are no technical system specifications associated with CO -012. In addition, there are no costs associated with CO -012. Cost: r 7T, CO -012 Project Schedule Rev4 $0.00 I$0.00' Impact None Analysis: Affected None Applications Comments None Appro4-N Inv t1 at xecute CIJIMS Program Manager / Date AMCAD Program Manager / Date Name (printed) Qn� Name (printed) Approved ❑ Deferred ❑ Not Approved ❑ Approved ❑ Deferred ❑ Not Approved Page 1 of 2 Vol. pg. /.3i too AMGAD , ,- .ft*&.,. December 27, 2013 Brazos County Department of Information Technology ATTN: Eric V. Caldwell 205 E. 27`h St. Bryan, Texas 77803 RE: CIRMS Project Quarterly Performance Report Q4 2013 SOW § 6.5 Dear Mr. Caldwell, Pursuant to the Brazos County, TX Quality Assurance and Acceptance Plan and § 6.5 of the Brazos County Statement of Work, please take notice of delivery of the CIJIMS Project Quarterly Performance Report Q4 2013. Please accept this as AMCADs formal notice of delivery of deliverables described in the Brazos County Statement of Work. Pursuant to § 2.0 of the Quality Assurance and Acceptance Plan, the formal review period of this deliverable begins on the date of acknowledgement of the receipt of said deliverable. Please sign and return this letter of acknowledgement to Steve Pontius at your earliest convenience. Regards, Steve Pontius Program Manager, Justice Solutions Enclosures (0) Received by ► /� on this Ia _ day of 20. Corporate Headquarters a 13650 Dulles Technology Drive Suite 400 a Herndon, VA 20171 a www.amcad.com Vol. ---L9I Pg. �3� Brazos County, TX Comprehensive Integrated Justice Information Management Solution Deliverable Acceptance Form Brazos County, TX Comprehensive Integrated Justice Information Management Solution This Brazos County Project Quarterly Performance Report Q4 2013 represents a project deliverable, defined in the terms of the Brazos County Project Schedule and Contract. § 6.5 CIJIMS Project Quarterly Performance Report Q4 2013 CIJIMS Project Quarterly Performance Report Q4 2013 The § 6.5 CIJIMS Project Quarterly Performance Report Q4 2013 has been accepted and conforms to the Quality Assurance and Acceptance Plan for Project Related Services Rendered. tope AMCAD -- -- Page �1 Vol. P9. � Brazos County, TX Integrated Justice Management Solution 0 Deliverable Acceptance Form Receivable Sign Off The Quality Assure ce Process was approved on Brazos CCLIntV Project Team and was Brazos County Team Chief Information Officer: Er(r— The undersigned are the authorized representatives of the party on whose behalf they are sie ing to accept this deliverable. Accepted and Agreed To: AMCAD Brazos County, Department of r' Information Technology t ki r a- s By ; i; By (ice' l-14, /YY (Authorized Signature) (Authorized Signature) Steve Pontius Eric V. Caldwell (Print or Type Name) (Print or Type Name) Program Manager, Justice Solutions (Title) Chief Information Officer, Department of Information Technology (Title) 12127/2013 1 l 8? /Ig (Date of Signature) (Date of Signature) jrao0 AMCAD Page 12 Vol. __1 �_ pg._ l,3Sl 1 _ Steve Pontius, AMCAD Program Manager AMCAD reports 2013 fourth - quarter project performance results and provides 2014 first- quarter project forecasts. The performance of the project schedule, project deliverables, project resources and risks are summarized and analyzed, followed by first- quarter project guidance. Project financials are also reported and summarized. AV Cpro AMCAD I.A.C. s3 t365a Dulles Technology Drive ,5, btq „t Suite 400 v��I a Brazos County CIAMS Q4 2013 Project Performance Report Table of Contents ExecutiveSummary ....................................................................................................... ............................... i ProjectPerformance Summary ...................................................................................... ............................... z ProjectIssues and Risks .................................................................................................. ..............................3 ProjectFinancials ............................................................................................................ ..............................3 ProjectChange Orders .................................................................................................... ..............................4 Project Schedule Performance ............... .........4 Project Activities and Deliverables Completed or "Work In Progress" in Q4 2013 .. ..............................6 Project Activities and Deliverables Scheduled for Q 12014 ....................................... ..............................6 Project Resources Project Performance Guidance for QI 2014 ................................................................... ..............................7 Vol. ` pg. /3 a Executive Summary This 2013 Fourth Quarter Project Quarterly Performance report will provide a high level overview of the overall state of the Comprehensive lategrated Justice Information Management System ( CIJIMS) Project. It will summarize the project performance results from October 1 ", 2013 through December 31, 2013. Also included in this report is the 2014 first quarter project performance guidance. Project performance results as well as project performance guidance includes but is not limited to performance analysis and projections relating to the project schedule, deliverable schedule, scope of work, project risks and project issues. Project Performance Summary The Comprehensive Integrated Justice Information Management System ( CTIIMS) has, for the first time over the course of the 23 month old project, realized its first official delay. However, the Project remains healthy and continues to show positive momentum. Last quarter, it was reported that the project schedule's performance, which was in -line with expectations throughout the 2012 calendar year as well as through the third quarter of 2013, was in jeopardy and that there was a significant chance for the project incurring its first official delay due to setbacks associated with data conversion related activities as well as the delivery of the production release candidate software. That delay has become real in this past quarter and the official project schedule has been revised and submitted via a zero sum change order to Brazos Couny for review and approval. The impacts of the project delays have affected the final implementation date and that date has been adjusted in the newly revised and proposed project schedule. Whereas the original implementation date was in the first quarter of 2014, the new projected implementation date is in the third quarter of 2014. With all things considered, the project has had an excellent first eight quarters and this momentum has served as a catalyst to another successful year on the project, as tremendous progress has been made against the build out of the CUIMS platform in preparation for a system wide implementation. This progress will help with the overall project schedule, as time is being made up as much as possible to compensate for the delays which have already been realized by the project. AMCAD's Development team and Product Management team is continuing to work diligently to ensure a timely delivery of the filly integrated CIJIMS platform so that the new target implementation date of Q3 2014 for the full system go live will be reached successfully. In addition, the CIJIMS project teams are working hard to make up time on the data conversion related activities which have contributed to the delays already realized by the project. The following table (Project Summary) provides a quick view of the project controls including Schedule, Resources, Scope and Risks. Further details surrounding these controls are contained throughout this Brazos County CIJIMS Q4 2013 Project Performance Report. Sulhmar Risks Scope Schedule Resources Current ► ® ► Prior Vol. /%y/ pg. /37 ♦ : (green) no problems ►; (amber) requires monitoring, may affect successful completion •: (red) will prevent a wccessful conclusion Project Issues and Risks As project issues arise, they are tracked and monitored closely by the project team. In the event where they pose risks to the health of the project in any way, they are documented as a risk and that risk is monitored on a weekly basis until the risk has been successfully mitigated. During the last three quarters of the project, two issues were identified. Those issues had been upgraded to risks, as both of those risks have the potential of impacting the project schedule. The Development Phase poses the greatest challenges to the success of the CIJIMS Project, as this phase deals exclusively with the build out of the CIJIMS application in preparation for final system validation prior to implementation. Over the last several quarters, it has been documented that there have been some setbacks with respect to maintaining the original project schedules target dates as they relate to the delivery of the production release candidate software as well as the final implementation date. Additionally, it was documented that the issues surrounding the RMS scope issue have become real, as a full RMS application is required in order to implement the CIRMS platform in production. That said, a subcontractor for an RMS solution has been identified and AMCAD is working with the County to finalize a contract modification to include an RMS platform in the scope of work. Price negotiations are ongoing and in due time, an agreed upon price will be reached. Aside from these project risks, no other new risks were identified in the third quarter of the project. Project Financials Some project deliverables have invoices associated with them and some do not. Within the third quarter of 2013, the following deliverables which have invoices associated with them were submitted on time per the original project schedule and approved by Brazos County: 1. Deliver the Q4 2013 Quarterly Project Performance Report 2. Install the AUMS Onsite Test Environment 3. Conduct End User Training Against the AUNIS These deliverables were invoiced upon completion within the fourth quarter of 2013 and totaled $100,000.00. To date, all project invoices have been settled and no invoices are outstanding. For the short term look ahead schedule, the following deliverables are scheduled to be delivered and approved within the first quarter of 2014: 1. Deliver the CIANIS Data Conversion Assessment Plan 2. Deliver the CIJIMS Data Conversion Plan 3. Deliver the CIJIMS Data Conversion Scripts These deliverables, when invoiced within the first quarter of 2014, will total $80,000.00. One of the issues and risks which were identified earlier this year dealt with the Law Enforcement Records Management System. Upon the completion of the buyout of die RMS system with the preferred vendor, Tiburon, whose CAD system is being used in production in Brazos County, the value of the contract will increase to accommodate the larger scope. A modification against the original contract will be issued to the county for review and approval and a subcontract will be issued to Tiburon for review and approval. Under this arrangement, Tiburon will be working directly under AMCADs project management, supervision and guidance, AMCAD will ensure that the IUMS component of the CIJIMS platform is in line with Brazos County's expectations. The execution of this contract modification will formally introduce the IUMS system into the scope on the CUIMS Brazos County Project. These efforts are underway and should be completed no later than the end of January, 2014. Project Change Orders Potential change orders (PCO's) may be opened at the request of Brazos County or AMCAD. PCO's, when approved, become Change Orders (CO's). Change orders, by nature, will typically impact the scope of the project, project costs as well as the project schedule. When a potential change in these areas is forecasted, a PCO is created and tracked on the Potential Change Order Log (PCO Log). There have not been any PCOs opened in the third quarter of 2013. The majority of the PCOs which have been opened were opened during the Gap sessions in the Design Phases. This is a normal result from the Gap analysis process and it is a positive sign, as it reflects active participation from the SMEs during the Gap process. Other PCOs were opened as the result of normal project discussions. While it was highly possible that additional PCOs would be opened during the Development Phase, there have not been any opened yet. A PCO will remain a PCO until Brazos County provides AMCAD with the Notice to Proceed (NTP) with the PCO. An NTP is an informal decision made by Brazos County to have AIICAD explore the PCO in greater depth and provide a Change Order for the review and approval from the CIJIMS project team as well as the Project's Executive Oversight Committee. After the review of the item has been completed, Brazos County may determine whether or not they want to proceed with the change. To date, AMCAD has issued twelve change orders to Brazos County for review and approval as well as for record. Nine of the twelve change orders dealt with enhancements which were requested by the Design Phase One participants and the other three are zero sum change orders reflecting the license fee for Apex SQL which AMCAD will be purchasing for Brazos County as well as the two revised project schedules. Out of the other nine change orders, several of them were also zero sum change orders while come of them carried a cost. The zero sum change order reflect the functionality AMCAD is providing to the County at no additional cost. The total of the change orders which carried a cost and were issued to Brazos County totaled $73,760.00, which comes to an average of $8,195.00 per change order. Per the contract, AMMCAD will not invoice against any of these change orders until the change order has been formally executed and the work described in the change orders has been successfully completed by AMCAD. The change orders will remain in a pending state until Brazos County informs AMCAD of their decision to approve or deny the issued change orders. Project Schedule Performance The project schedule has, for the first time, incurred its first delay over the course of the 23 month old project. All project tasks which have been scheduled to be completed to date have been completed on time, per the original project schedule, with the exception of the data conversion related activities and the delivery of the UAT production release candidate software. In some cases, project activities have begun early in order to hedge against risks associated with further delays, as many of these tasks are part of the critical path on the project schedule. The original implementation date per the original project schedule was in Ql 2013. Given the recent delays, the newly revised UAT delivery date is June 30`h, 2014 and the newly revised implementation date is Q3 2014. Looking at the short terns look ahead schedule, the data conversion related activities are scheduled to be completed over the next quarter in preparation for an implementation in the third quarter of 2014. The completion of the Vol. / 9� P9•� development of the CHIMS system is scheduled to be completed in the second quarter of 2014. These activities are on schedule to be completed per the newly revised project schedule. After these activities are complete, the project will officially close out the Development Phase which also includes the data conversion activities and the Implementation Phase will begin. At the end of the second quarter of 2014, preparations will be made to go live on the new application in the third quarter of 2014, per the newly revised project schedule. The short term look ahead schedule for the next two quarters of the project schedule has been provided, below. Vol. %_1 I =Ze-10 eta & Nnage Comrersion Data GleansM2ZA tivhles - _ 898 days 241 tlays Frl 1113112 Fri 1/13!12 Fri 9112114 Fri 12/1412 _ 2 -_ Brazos SQL Staging Database Loading Activities Deliver SQL Staging Database 90days 0 days_ i Von 3a(14 Fri 7/4/14 7/- Mt4� Fri 714114 2 156,157 Brazos _ Brazos _- - - ;Deliver Sample Images 0 days Fri 714114 Fri 7/4/14 156,157 Brazos _ _ _ ?Data Conversion Assessment 4.11 days _ Fn 2/24112 Fri 9/20113 ---- _ DData Conversion Kick -0R Meeting _ 1 day Fri 2124112 Fri 2124/12 2FS +30 da AmCedlBrazos _J Delivered Data Review Meeting 1 day Mon 12117112; Mon 12117112 158 PmCadlBrazos j Dieeovery_ -- - - -- __.._.`-- - --- - -- ..- 104 days_ - - 7ue 12/18112 - Fri 5/10113 __ 162 'Develop Data Conversion Assessment Report 30 da t Mon 5113113 Fri 8/21!13 183 AmCad —, locate Resource for DlscoverylData Assessment 30 days Mon 8/12113 Fri 9!'20113 127 Br— azos Consult ation/nput Deliver Data Conversion Assessment Report Fri 6/21113 Fri W1113 184 AmCad Leceptance of Data Conversion Assessment _Report _.2 .days 5 days Man 6124113 Fri 6128113 _ 166 ---Brazos _ Data Conversion Wan 185 tla s Mon 7129113 FT rl 4111114 Develop Data Conversion Plan _._____ -____ ......_.y- 30 days Man 3!3114 Fri 4/11114 -_ _ AmCad -1 _ fAlocate Resource for Data Converaldn Plan 30 days Mon 3/3114 Fit 4111114 Brazos i Consultation/Input IDelhrer Data ConVerslon Plan }}}--- 0 days -4 Fri 4111/14 I� Ftl 4117114 189 AmCa� Acceptance M Data Conversion Plan �0 tla s Mon 7129!13 i Fri 4111114 _ 171 _ Brazes - onversion Scripts 40 days _Mon 4/14!74 Fd 816114 Develop Baseline Conversion Scripts 40 da s Mon 4114114 1 Fri 6/8/14 172 Deliver Basellne Conversion Scripts ! 0 days -__ Fd 6161tq .._ _____L__.______._..- Fri 818414 174 . ___. AmCad I L. ------ -_ - _____________._ ._..._.____._____._�_____.__ Data Conversion Validation _ _ _�70 Conduct Data Conversion Dry Run #1 days 15 days Mon 6/9/14 Mon 8/9!14 j Fri 9112114 Fri 6127114 F -__ _ 176 1 AmC Assistance valh Exception Han _i 30 days Mon 8/9114 Fri 7118114 175 AmCadBrazos - Provide Dry Run Feedback 7 30 days Mon 618/14 i Fri 7118/14- 17�azoa lConduct Data Conversion Dry Run #2 _._ 20 days [Mon 7/21/141 Fri 8115/14 179 AmCad [assistance with Exception Handtq 20days Mon 7/27!14 Fn 8/15!14 179 1 AmCadlerazos .Provide Dry Run Feedback 20 days Mon 7121/14 Fri 8115/14 179 Brazos _ Contluct Data Conversion Dry Run #3 15 days_ Mon 11 14 Fri 915114 -_ 182 _ -AmCad (Assr istance with Exception Handling 20 days Mon 8118114 i Fd 9112+14 182 AmCsdl&azos Provide Dry Run Feedback _ _ __ _. 20 d� _ Mon 8!18114' Fd.9/12/1_4_ _ 1a2 Development d1124, Fd 818114 Application Cu_stomizetiorx _ __ -___- days Mon 12131121 Fri 8/8/14 Develop Phase 1- Application Customizations r�4410 da s Mon 12191 12 Fd 3122113 Iteratidn #1 days Mon 1213112 Fn 1111/13 96 AmCad Iteratio n #2 iteration 42 - - days Mon 1114113 Fri 2115113 189 �i90 _ AmCad - 25 days Mon 2118/13 Fr13122/13 AmCad (Deliver Customized Application Code days Fri 3122/13_ Frl 3122113_ _ 191_ AmCad -_ Develop Phase 2 Application Customizations _0 90 da s Mon 8112113 Fri 12113113 ltera0on #1 30 days Mon W12113 Fri 9/20/13 127 AmCad Iteration #2 30 days Mon 9/23113 Fd 17/1/73 __- 194 ^ AmCad Iteration #3 130 days Mon 11/4113 Fri 12113113 195 AmCad Deliver Customized Application Code 1 0 days Fri 12t13/13 1 Fn 12/13/13 196 AmCad 'Perform Finals tem Configuration 1 130 days Mon 9123/13 Fri 3121114 194 Brazos , evelop Phase 3 App an Customizations _______ Iteration #1 125 days 1 80 tla Mon 1/6114 116!14 Fd 8127114 3128/14 1 _, _�� Iteratan #2 — 40 days _Mon Mon 3131/14 Fri 5123/14. 200 Vol. %_1 I =Ze-10 - - -- ---- ..__.._.. -- - - { Iteration #3 - - -- 25 tlays - - - Mon 5128 74 - - -- Fn 6!27/14 -- --- - - - - -- 201 - -- AmCadlBrezos Deliver Customized Application Code O days Fri 627/14 Frl 827!14 202 AmCadrBrazoa Perform Final System Configuration - - - - - -- - -J _ 30 days Mon 6!30114 Fn 81#/14 ' 202 _ Brazos —� Implementation 60 days Mon 814114 J Frl 10124114 _ - Tralning Man 814114 Fn 9112/14 __ -- Develop Training Plan 15 days Mon 814114 Fri 6122/14 192,180FS -10 AmCad - -I ___ Allocate Resource for Training Plan Consulteaon 20 days Mon 8/18/14 Fri 9112114 192,160 Brazos ipeliver Training Plan 0 days Fri 822!14 Fri 822114 207 AmCad _ _ �Aceeptance of Training Plan - -- 5 days Mon 8125114 Fri 829/71 209__ Brazos _ Yraining Needs Assessment 10 days Mon W1114 Fri 0112/14 _� iDevebp Training Needs Assessment ' 3 days Mon 911/14 Wed 913114 210 _ AmCad _ I �AmCad 'Deliver Training Needs Assessment I 0 da a Wed 973114 Wed 9/3/14 212 complete Training Needs Assessment i 7 days 914/14 Fd 9172114 21ll - _- Brazos — -___- _ Traintng Documentation rDevelop Training Documentation 15 days 10 days .Thu I Mon 814114 i Mon 8/4/14 Fd 8122114 Fd 6115/14 - 192.180FS -10 ^1 AmCad , -- - -- -- G.F- •- — �—Fri —0115P-4- -- d -2a — - — - -- - -- - - - -- -- - - iDNWerTraining Daamernation O days d 114 7 6 Am Cad _ � Acceptance of.TrainigkDonanentadon 5days Mon8116/14 Fri822r74 217 Brazos I. Site Readiness Checklist 20 days Mon 8118114 Fri 9172/74 _ i _ Devebp Site Readiness Checklist 15 tlays _Mon 8116/14 Fd 915!14 192,180 — _ AmCad - �Deliver Site Readiness Checklist 0 da Fri 915114 Fri &5114 220 AmCad i IACceptance of Site Readiness Checklist 5 days Mon 9/8!14 Fri 9/12114 221 Brazos azos I!Conduct End -User Training i 120 days Mon 8/25114 Fd 9/19114 218 AmCad/Brazos ...�' MI ock Go-Live l 5 days Mon 9/15114 Fn 911 W14 223FS -5 days AmCad /Brazos I Final Image Conversion - 3 days Wed 924114 Fd 926114 224FS +2 days - - AmCad _ -4 1 - - — _ ___ -_ - -_ , -- IFlnal Data Conversion _ -on 3 dada Wed 9124/14 Fn 9120!14 2.2.4FS *2 d s FvnCad Acceptance of Final Date Con" 0 da F 14 Fd 9126!74 228_ _ _ Brazos I Final System Valida8on -- 1 day Fd 928/14 Fn 9!28114 227FS -1 day - Brazo- s - - - — 0 tl s Mon 9129114 Man 929114 228FS +1 day O'Go-Live st-Implementatlon Support 20 days _Mon 9129114 Fd 1024/14 229FS -1 day ,AmCaNBrazos The tasks which have been completed within the third quarter of 2013 as well as the tasks which are scheduled to begin in the fourth quarter of 2013 have been documented and summarized in the section, below. Project Activities and Deliverables Completed or "Work In Progress" in Q4 2013 1. Ongoing Effort of system Configuration With Production Values - Alps 2. Ongoing Effort of System Configuration With Production Values- AiJN1S 3. Development of the CIJIMS Application 4. AICAIS, AiPS and AICS Data Conversion Plan and Data Assessment Plan 5. AMNiS and AICS Data Conversion Plan and Data Assessment Plan 6. AICNIS, AiPS, AMNIS and AICS Conversion Scripts Project Activities and Deliverables Scheduled for Q1 2014 1. Ongoing Effort of System Configuration With Production Values- AiPS 2. Ongoing Effort of System Configuration With Production Values- AiXVIS 3. Development of the CIJIMS Application 4. AiCMS, AiPS and AICS Data Conversion Plan and Data Assessment Plan 5. AMMS and AICS Data Conversion Plan and Data Assessment Plan 6. AiCMS, Alps, AiJD1S and AICS Conversion Scripts Vol. pg. / //_ Project Resources AMCAD's onsite project team remains consistent with one Program Manager and Two Business Analysts on a full time bases. In addition, Developers, Database Administrators and System Architects have been and will be available, as needed. These resources have and will continue to be heavily involved in the Development Phase of the CIJIMS project. They have spent several months onsite preparing for conversion related activities as well as obtaining production values for the production configuration of the CIJIMS application. This staffing plan has not changed since the beginning of the-project and no changes to this resource allocation are being forecasted at this time. At this point in the project, AMCAD is placing a high premium on schedule performance and is doing whatever possible to ensure that the project maintains the originally approved go live date in the third quarter of 2014. Project Performance Guidance for Q1 2014 The CIJIMS project has shown consistency and sound performance over the first eight quarters of the project. All project deliverables slated for the first eight quarters have been submitted and approved on time, per the original project schedule, with the exception of the data conversion plans and the UAT production release candidate software. While there is a near term headwind facing the project in terms of schedule performance, the guidance for the project remains neutral. The project has seen a great deal of participation and excitement by everyone involved, which has been a short term catalyst for the overall health and success of the project. This momentum will be sustained as the project enters into the second half of the critical Development Phase. The Design Phase of the project has been formally closed out and the completion of the development efforts against the CfJJMS application as well as the completion of conversion related activities is now in full focus. As the project progresses through the fourth quarter, preparations for a system user acceptance testing validation will be underway, as the target go -live date is now in the third quarter of 2014. The project schedule outlook remains aggressive and the project team will continue to work aggressively in order to meet the project schedule and delivery dates. The aggressive nature of the project schedule and the deadlines associated with the deliverables are being monitored consistently. Whenever possible, project activities are being started early and ahead of the project schedule to hedge against risks associated with tasks not getting completed on time. A conservative guidance on the project schedule as well as the overall CIJIMS Project remains intact as the project kicks off the first quarter of the final year on the CIJIMS project. For any questions, comments or concerns regarding this Project Quarterly Performance Report, please contact Steve Pontius. Respectfully submitted, Steve Pontius AMC9Qa 1 "Technology I Innovation I Progress" Program Manager I AMCAD Justice Solutions 6o2.908.9856 - Cell 7 FOl. % la Pg. 144z AMENDMENT #2 TO CONTRACT BETWEEN BRAZOS COUNTY, TEXAS AND AMERICAN CADASTRE, LLC (dba AMCAD) This AMENDMENT, effective as of January 21, 2014, is made by and between American Cadastre, LLC (dba AMCAD®) ( "AMCAD ") and Brazos County Texas ( "County"). WHEREAS, pursuant to Article XXXIV, Section 34.01, County desires to amend the Contract Agreement for the Contract executed on November 22, 2011 in response to the County's RFP for a Comprehensive Integrated Justice Information Management System. WHEREAS, County desires to amend the Contract Agreement to include within the scope of work additional services and is in negotiations. WHEREAS, County desires to extend the Contract Agreement's date of termination to avoid termination of the Contract Agreement for the purpose of implementing County's desired RMS. The Parties hereby agree to amend the Contract Agreement by replacing the Current Language with the Amended Language, as follows: 1. Article III, Section 3.01, Clause 1 a. Current Language: "This Agreement shall commence on the execution date of the last signatory Party to the Agreement (the "Effective Date ") and shall terminate twenty -four months (24) after the Effective Date." b. Amended Language: "This agreement shall commence on the execution date of the last signatory Party to the Agreement, (the "Effective Date ") and shall terminate on April 1, 2014." COUNTY OF BRAZOS A Politic bdivislon, State of7exas r By: Duane Peters, County Judge ATTEST: Karen McQueen, Brazos County Clerk AMERICAN CADASTRE, LLC a Virginia Limited Liability Company ,a iy r, Edward Berkowitz, a Executive Vice President E . :_Z :-f 1:Pg. / 3 1Z 13 UNIMPROVED PROPERTY CONTRACT OF SALE THIS UNIMPROVED PROPERTY CONTRACT OF SALE (this "Contract ") is made by and between Larry West and wife, Mary Jane West (collectively, "Seller ") and Brazos County, a Political Subdivision, State of Texas ('Purchaser "). Terms which are used in this Contract and not otherwise defined herein shall have the meanings ascribed to such terms in Article 13 hereof In consideration of the agreements herein contained and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Seller and Purchaser hereby agree as follows: ARTICLE 1. SALE OF THE PROPERTY Seller agrees to sell and convey unto Purchaser, and Purchaser agrees to purchase and accept from Seller, for the price and subject to the terms, covenants, conditions and provisions set forth herein, all of Seller's right, title and interest in and to the following (sometimes referred to herein in the aggregate as the "Property): a. All of the land located in Brazos County, Texas, and more particularly described in Exhibit "A" attached hereto and incorporated herein for all purposes (the "Land "), together with all right, title and interest, if any, of Seller, in and to (i) strips or gores, if any, between the Land and abutting properties, whether owned or claimed by deed, limitations or otherwise, and whether or not they are located inside or outside of the boundaries of the Land, (ii) any land lying in or under the bed of any highway, avenue, street, road, alley, easement or right -of -way, open or proposed, in, on, across, abutting or adjacent to the Land, to the center line thereof, (iii) all right, title and interest of Seller, reversionary or otherwise, in and to all easements in or upon the Land and all other rights and appurtenances belonging or in anywise pertaining to the Land or the Improvements described below and (iv) all right, title and interest of Seller pursuant to the terms and conditions of the Contract: b. All other rights, privileges and appurtenances owned by Seller and in any way related to the properties described in this Article 1. ARTICLE 2. CONSIDERATION 2.1. Purchase Price. The purchase price ('Purchase Price ") for the Property is $10.00, and other good and valuable consideration acknowledged herein, which shall be payable by Purchaser to Seller in cash. 2.2 Earnest Money. Within five (5) business days after the execution of this Contract by both Seller and Purchaser, Purchaser shall deposit with Brazos County Abstract Company, Bryan, Texas (the "Title Company "), the sum of $5.00 (the "Initial Deposit") in good funds. Should Purchaser fail to make the Initial Deposit within such five (5) business day period, this Contract shall automatically terminate, whereupon the Title Company shall return to Seller all executed originals of this Contract then in its possession and Seller and Purchaser shall have no further rights, liabilities or obligations hereunder. The Initial Deposit and any interest earned thereon are hereinafter collectively referred to as the "Earnest Money." If the transaction contemplated by this Contract Is consummated in accordance with the terms and provisions hereof, the Earnest Money shall be credited against the Purchase Price and paid to Seller Unimproved Property Contract of Sale Page 1 of 16 C:1 UsersUeyll31e1AppDatalLocallMicroso rt\WindowslTemporary Internet File %Conten1.0utboklUS0PP3FMarry West Road Contract FINAL.doc FVol. l l �i pg. /�� at Closing. V the transaction Is not so consummated, the Eamest Money shall be held and delivered by the Title Company as hereinafter provided. ARTICLE 3. INSPECTION 3.1 Inspection Period. Purchaser shall have the period commencing on the Effective Date and ending one hundred twenty (120) days prior to the Closing Date (the "Inspection Period ") to review the Property, environmental reports, and other submission matters and to enter or to have its authorized representatives and its and their agents, employees and representatives enter upon the Property or any part thereof at any reasonable time, for the purpose of inspecting the Property and making, at Purchaser's sole risk and expense, such other Inspections, examinations, investigations and tests as Purchaser considers appropriate, provided that: a. Purchaser and Purchaser's representatives and its and their agents, employees and representatives shall not unreasonably interfere with the usual operation of the Property by Seller; b. Purchaser and Purchaser's representatives and its and their agents, employees and representatives shall exercise due care and ordinary prudence in performing such inspections, examinations, investigations and tests and Purchaser shall not cause or permit any damage or injury to be done to the Property and shall, to the extent practicable, restore the Property to such condition as existed prior to such inspections, examinations, investigations and tests; C. Purchaser shall be responsible for and shall indemnify and hold harmless Seller from liability for any loss, cost, expense, claim, Injury or damage arising out of or in any manner connected with such activities on the Property, and such indemnity shall survive the early termination of this Contract or the Closing contemplated hereby; d. Purchaser agrees that the inspections and any other Information, books, records, data or other material delivered to Purchaser by Seller or otherwise obtained by Purchaser during Purchaser's inspections of the Property shall be kept confidential and not disclosed to any person, firm or organization other than Purchaser's accountants, attorneys, consultants and proposed or potential lenders or financial partners, who shall keep such information and other matters confidential. Purchaser agrees that it will not discuss, and will instruct any person conducting inspections, examinations, investigations or tests on Purchaser's behalf not to discuss, the results obtained from any inspection of the Property; 3.2 Right of Termination. During the Inspection Period, Purchaser shall be entitled, for any reason or for no reason in Purchaser's sole discretion, judgment and opinion, Including without limitation if Purchaser shall disapprove and be dissatisfied with any aspect of the Property or any item examined by Purchaser pursuant to Section 3.2, and as its sole remedy, to terminate this Contract by giving written notice to Seller on or before the expiration of the Inspection Period, whereupon all of the provisions of this Contract shall terminate and the Earnest Money shall be returned to Purchaser. Upon such termination, neither Seller nor Purchaser shall have any further rights, obligations or liabilities hereunder. ARTICLE 4. TITLE AND SURVEY 4.1 Title Commitment. Within ten (10) days following the Effective Date, Seller shall cause the Title Company to furnish to Purchaser, at Seller's sole cost and expense, a Commitment for Title Insurance (the "Commitment ") in the form prescribed by the State Board of Insurance covering the Land and listing Purchaser as the Proposed Insured and showing the Purchase Price as the Policy Amount. With regard Unimproved Property Contract of Sale Page 2 of 16 C:\ Users\ reyll3l "pData\LomhMicrosoft\Windows \Temporary Internet Files \Content.0udooIAUSOPP3FF\Larry West Road Contract FINAL.doc F at. to the standard printed exceptions included on Schedule B of the standard form Commitment for Title Insurance, the Commitment shall reflect (a) either speck restrictive covenants of record, by reference to the volume and page where each appears of record or V there are no such restrictive covenants, that item 1 of Schedule B of the Owner's Policy of Title Insurance to be delivered pursuant to the Commitment (the "Policy ") will be deleted, (b) that upon receipt by the Title Company of an acceptable survey, item 2 on Schedule B of the Policy will be modified to delete all save "shortages in area ", and (c) that there will be no exception in the Policy for "rights of parties in possession" or "rights of parties as tenants only in possession under unrecorded leases ". At such time as the Title Commitment is delivered to Purchaser, Seller shall cause the Title Company to furnish legible photocopies (to the extent available) of all instruments referred to in the Commitment as conditions or exceptions to title to the Property and to the extent available, current tax certificates with respect to the Land and Improvements from all applicable taxing authorities. 4.2 UCC Searches. Within ten (10) days following the Effective Date, Title Company shall deliver to Purchaser, at Purchaser's sole cost and expense, current searches of the Uniform Commercial Code records of the Office of the Secretary of State of Texas and Brazos County, Texas, covering Seller (collectively, the "UCC Searches "), together with copies of all financing statements which appear thereon. Survey. 4.3 Review of Title and Survey. Purchaser shall have a period (the 'Title Review Period ") ending on the last to occur of (1) the end of the Inspection Period and (it) fifteen (15) business days after the date on which Purchaser receives the last to be received of the Commitment, (a) legible copies, to the extent available, of all instruments referred to in the Commitment, (b) the UCC Searches, (c) copies of all financing statements which appear on the UCC Searches, and (d) the Survey, in which to notify Seller of any objections Purchaser has to any matters shown or referred to in the Commitment, the UCC Searches or on the Survey. Any title encumbrances or exceptions which 'are refer -red to in the Commitment, the UCC Searches or on the Survey and as to which Purchaser does not object during the Title Review Period shall be deemed to be Permitted Encumbrances (herein so called) to the status of Seller's title. None of the exceptions prohibited by Section 4.1. shall be Permitted Encumbrances. 4.4 Survey. Within thirty (30) days following the Effective Date, Seller shall order, a Category 1A, Condition 2 survey of the Property (the "Survey "), dated after the Effective Date. Seller shall deliver a signed counterpart of the Survey to Purchaser within five (5) business days following the receipt thereof by Purchaser. Seller and Purchaser shall split the cost of the Survey equally. The Survey shall contain, among other things, the following: (i) a metes and bounds description and plat showing the actual dimensions of, and area within, the Land; (ii) the location of all Improvements and any existing and proposed streets, roadways, encroachments or overlaps; (iii) the physical access, if any, to the Land from a publicly dedicated street or road; (iv) the outside boundary lines of the Land; (v) the location of all plotable easements and other matters that are of record and are listed as exceptions to title in the Commitment; (vi) the location of all easements or rights -of -way that are apparent from an on -the- ground survey; and (vii) the surveyor's signature, registered number and seal, the date of the Survey, and a certification of the total square footage of the Land. Unimproved Property Contract of Sale Page 3 of 16 C: \UsersUeyl l318W,ppDatalocal \Microsoft \WindowslTemporary Internet FileslCantent .Outlook\USOPP3FF1Larry West Road Contract FINAL.doc Pg. �� 4.5 Objections to Status of Title. In the event Purchaser objects to any matters referred to in the Commitment, the UCC Searches or on the Survey during the Title Review Period, Seller shall have until the Closing (the "Cure Period ") to satisfy Purchaser's objections. In the event Seller is unable or unwilling to satisfy Purchaser's objections within the Cure Period, Purchaser shall have the option to either (a) waive Purchaser's objections and purchase the Property as otherwise contemplated In this Contract, without any adjustment in the Purchase Price, in which event such waived objections shall become Permitted Encumbrances or (b) terminate this Contract by written notice to Seller, in which event the Earnest Money shall be returned to Purchaser, neither Seller nor Purchaser shall have any further rights, obligations or liabilities hereunder. Seller shall have no obligation to cure any objection raised by Purchaser during the Title Review Period other than monetary obligations arising from the actions or inactions of Seller and may elect to notify Purchaser at any time during the Cure Period that it is unable or unwilling to satisfy any of Purchaser's objections. ARTICLE 5. REPRESENTATIONS AND WARRANTIES 5.1 Seller's Representations. Seller represents and warrants to Purchaser as of the Effective Date and as of the Closing Date, as follows: a. Seller has not received written notice from any Governmental Authority that the existing use, maintenance and operation of the Property violate any Applicable Law. b. To the best of Seller's knowledge, Seller has not engaged in or permitted any operations or activities upon, or any use or occupancy of the Property for the purpose of or in any way involving the handling, manufacture, treatment, storage, use, generation, release, discharge, refining, dumping, or disposal of any Hazardous Materials in violation of Applicable Laws. To the best of Seller's knowledge, no underground storage tanks are presently located on the Property. C. Seller has filed all federal, state, county, municipal and city income and other tax returns and reports required to have been filed by Seller with respect to the Property, and has paid all taxes which have become due pursuant to such returns or pursuant to any assessments received by Seller or is contesting such taxes in accordance with the requirements of Applicable Law. d. There are no actions, suits, or proceedings pending or, to the best of Seller's knowledge, threatened in any court or before or by any Governmental Authority against or affecting Seller or the Property. e. There are no pending eminent domain or condemnation proceedings against the Property or any part thereof and to the best of Seller's knowledge, no such proceedings are presently threatened or contemplated by any authority with the power of eminent domain. f. Seller is not a foreign person subject to withholding tax as required by Section 1445 of the Internal Revenue Code. g. There are no contracts or other obligations outstanding for the sale, exchange or transfer of the Property or any portion thereof. 5.2 Purchaser's Representations. Purchaser represents and warrants to Seller as of the Effective Date and of the Closing Date, as follows: a. Purchaser is duly organized, validly existing and in good standing under the laws of the state of its formation or creation as a corporation, and is qualified to do business and is in good standing in the State of Texas, with full power and authority to enter into and execute this Unimproved Property Contract of Sale Page 4 of 16 C:% UsersVeyil3l8V AppDatakLocaNMicrosofflWindows \Temporary Intemet Files \Content.OullookWSOPP3FF\Lany West Road Contract FINAL.doc Vol. __ / %� Pg. /�� Contract and to consummate the transactions contemplated hereby. Purchaser has received all requisite corporate approvals necessary for the execution of this Contract and the consummation of the transactions contemplated hereby and this Contract constitutes the legal, valid and binding obligation of Purchaser, enforceable against Purchaser in accordance with its terms, except as such enforceability may be limited by bankruptcy, insolvency, moratorium, reorganization or other similar laws affecting debtors' and creditors' rights generally and general equitable provisions. b. Neither the execution of this Contract nor the performance by Purchaser of its obligations hereunder will violate, be In conflict with, result in a breach of, or constitute (with due notice or lapse of time, or both) a default under any Applicable Law. 5.3 Survival. The representations and warranties made by Seller in Section 5.1. hereof and the representations and warranties made by Purchaser in Section 5.2. hereof shall be effective through Closing and continue In full force and effect after the Closing for a period of one (1) year; provided any claim arising by reason of a claimed breach of such representations and warranties must be filed in a court of competent jurisdiction on or before the date which is one (1) year from the Closing Date. ARTICLE 6. CONDITIONS TO CLOSING 6.1 Conditions to Purchaser's Obligation to Close. As of the Closing Date, all of the representations and warranties of Seller set forth herein shall be true and correct in all material respects as if such representations and warranties had been made on such date; provided, however, such condition shall be deemed waived to the extent that prior to the expiration of the Inspection Period, Purchaser obtains actual knowledge that any such representation or warranty was not true and correct. ARTICLE 7. CLOSING 7.1 Closing Date. Provided all of the conditions to Closing have been satisfied, the Closing shall be held at the offices of the Title Company (or such other location as may be mutually agreed upon by Seller and Purchaser) within one hundred twenty (120) days of the Effective Date, unless extended or accelerated, as hereinafter provided (the "Closing Date "). At any time on or before the Closing. Date, Purchaser shall have the unilateral right to notify Seller that it elects to accelerate the Closing Date to a date no earlier than ten (10) days after the date of such notice. In the event Purchaser delivers such a notice of acceleration, the Closing Date shall be accelerated to the date set forth therein (which date shall be at least 10 days after the date of such notice), and thereafter, all references in this Contract to the term "Closing Date" shall mean the Closing Date, as so accelerated. 7.2 Closing Matters, Seller. At Closing, Seller shall execute, deliver and acknowledge the following documents: a. A special warranty deed (the "Deed ") in the form of Exhibit B attached hereto; and b. Such other affidavits and documents as may be reasonably required by the Title Company. C. Cause the Title Company to modify (by interlineation or otherwise) the Commitment to reflect the Permitted Encumbrances, thereby Indicating the commitment of the Title Company to issue the Policy to the Purchaser, subject only to such Permitted Encumbrances. Unimproved Property Contract of Sale Page 5 of 16 C:1Usersifeyl l31aWppDatalLocal%Microsoft WindowslTemporary Internet FileslContent .Outlook%USOPP3FF1Larry West Road Contract FINAL.doc / Pg. 110 7.3 Closing Matters, Purchaser. At Closing, Purchaser shall execute, deliver and acknowledge the following documents: a. Affidavits and documents as maybe reasonably required by the Title Company. b. In addition to the documents to be executed, delivered and acknowledged by Purchaser pursuant to Section 7.3., at Closing Purchaser shall: (i) Deliver the Purchase Price to the Title Company (less the amount of Earnest Money on deposit); and (Ii) Deliver such evidence of the authority and capacity of Purchaser and its representatives as Seller, Seller's counsel or the Title Company may reasonably require. C. At Closing, if ad valorem taxes for the year of Closing are not known or cannot be reasonably estimated, taxes shall be estimated based on taxes for the year prior to Closing. After taxes for the year of Closing are known, adjustments, if needed, will be made between the parties. Ail utility meters shall be read on the date prior to the date of Closing and all utilities thereafter used shall be paid for by Purchaser and all utilities theretofore used shall be paid by Seller. 7.4 Closing Costs. Seller shall pay the cost of the Survey, the basic premium for the Policy, the fee for amending the area and boundary exception on the Policy, one -half of the escrow fee charged by the Title Company, all fees and charges for recording the Deed and any other instruments to be filed or recorded at Closing, its share of the prorations and Its own attorney's fees. Purchaser shall pay the cost of any endorsements to the Policy Purchaser elects to purchase other than the fee for amending the area and boundary exception, all inspections undertaken pursuant to Article 3. hereof, and one -half of the escrow fee charged by the Title Company. Except as otherwise provided in this Section, all other expenses hereunder shall be paid by the party incurring such expenses. ARTICLE 8. DAMAGE TO PROPERTY 8.1 Casualty; Condemnation. Seller agrees to give Purchaser prompt notice of any casualty affecting the Land, the Improvements or the Personalty between the date hereof and the Closing Date or of any actual or threatened taking or condemnation of all or any portion of the Land or the Improvements. a. If prior to the Closing there shall occur: (t) Damage to the Property caused by fire or other casualty which would cost $1,000.00 or more to repair; or (it) The taking or condemnation of all or any portion of the Land and the Improvements as would materially interfere with the continuing use thereof as an office building; then in any such event, Purchaser may at its option terminate this Contract by notice to Seiler within taenty (20) days after Purchaser has received the notice referred to above or at the Closing, whichever is earlier. If Purchaser does not elect to terminate this Contract, then the Closing shall take place as provided herein with an abatement of the Purchase Price, and there shall be assigned to Purchaser at the Closing without recourse or warranty all interest of Seller in and to any insurance proceeds (subject to confirmation by Seller that such assignment will not impair Selter s insurance) or condemnation awards Unimproved Property Contract of Sale Page 6 of 16 C:\ Users\ fey11318 \4ppDatalLocal%MicrosoMWindows \Temporary Internet Files \Contwt.0utlook\USOPP3FP1Larry West Road Contract FINAL.doc V01. Pg. %�i% which may be payable to Seller on account of any such occurrence and Purchaser shall receive as a credit against the Purchase Price the amount of any unpaid deductible applicable to such insurance proceeds. If such assignment would impair Seller's insurance, then Seller shall be obligated to pay Purchaser, at Closing, or credit against the Purchase Price an amount equal to any insurance proceeds which would be payable on account of such occurrence and the amount of any unpaid deductible applicable to such insurance proceeds. 8.2 Postponement of Closing. If, as a result of a casualty loss any determination (including but not limited to a determination by arbitration), election or agreement required by the terms of this Article 8. is not made by the Closing Date, the Closing Date shall be extended until twenty (20) days after said determination, election or agreement is made, provided, however, if said determination, election or agreement has not been made within thirty (30) days following the original scheduled Closing Date, this Contract shall automatically terminate and, provided that Purchaser has not unreasonably failed to make any determination, election or agreement provided for in this Article 8, neither party shall have any further rights or obligations hereunder-and the Earnest Money shall be returned to Purchaser. 0 0--.iitd140 INTERIM AND POST - CLOSING RESPONSIBILITIES 9.1 Interim Responsibilities. Seller agrees that during the period between the Effective Date and the Closing Date: a. Seller will manage the Property or will cause the Property to be managed under policies substantially similar to those existing prior to the Effective Date and shall continue to offer services and amenities' in accordance with past practices; Seller will permit no change or modification without, in each instance, the prior written approval of Purchaser; b. The Improvements and the Personalty will be maintained in as good condition and state of repair as that existing on the Effective Date, subject, however, to normal wear and tear and the provisions of Article 8 hereof; C. Subject to the prorations prescribed in Article 7 hereof, Seiler will cause to be paid in the ordinary course of business all trade accounts and costs and expenses of operation and maintenance of the Property incurred or attributable to a period prior to the Closing; d. Seller will not, without the prior written consent of Purchaser, permit to be sold or otherwise dispose of any item or group of items constituting a material portion of the Property; e. Seller will maintain Seller's existing insurance coverage with respect to the Property from the date hereof through the Closing Date or earlier termination of this Contract; and Seller will not further encumber or permit encumbrance of the Property in any manner. 9.2 Liability for Operations of the Property. a. Seller agrees to indemnify and hold Purchaser harmless of and from any and all liabilities, claims, demands and expenses of any kind or nature (except those items that by this Contract specifically become the obligations of Purchaser) arising or properly performable and allocable to the period of time prior to the Closing Date and that are in any way related to the ownership, maintenance or operation of the Property, and all expenses related thereto, including, without limitation, court costs and attorneys' fees, except those liabilities, claims, demands and expenses arising from the negligence or willful misconduct of Purchaser. Unimproved Property Contract of Sale Page 7 of 16 C: 1Users\ fey11318\ AppData \LownMicrosoftlwlndowsSTemporary Internet Flles \Content.OutlooklUSOPP3FF%Larry west Road Contract FINAL.doc Pg. i4 b. Purchaser agrees to indemnify and hold Seller harmless of and from any and all liabilities, claims, demands and expenses of any kind or nature (except those items which by this Contract specifically remain the obligations of Seller) arising or properly performable and allocable to the period of time on and after the Closing Date and that are in any way related to the ownership, maintenance or operation of the Property, and all expenses related thereto, including without limitation, court costs and attorney's fees, except those liabilities, claims, demands and expenses arising from the negligence or willful misconduct of Seller. ARTICLE 10. REMEDIES 10.1 Seller's Remedies. In the event Purchaser fails to perform its obligations pursuant to this Contract for any reason except (a) failure by Seller to perform any of its obligations hereunder, (b) if any of the representations or warranties of Seller hereunder is incorrect in any material respect on the date hereof or at any time on or prior to the Closing Date, or (c) the termination of this Contract by Seller or Purchaser pursuant to the terms hereof, Seller shall be entitled as its sole remedy hereunder to terminate this Contract and recover the Earnest Money as liquidated damages and not as a penalty, in full satisfaction of claims against Purchaser hereunder. Seller and Purchaser agree that Seller's damages resulting from Purchaser's default are difficult, if not impossible, to determine and the Earnest Money is a fair estimate of those damages which has been agreed to in an effort to cause the amount of said damages to be certain. 10.2 Purchaser's Remedies. In the event Seller fails to perform its obligations pursuant to this Contract for any reason except (a) failure by Purchaser to perform hereunder, (b) if any of the representations or warranties of Purchaser hereunder is incorrect in any material respect on the date hereof or at any time on or prior to the Closing Date, or (b) a termination of this Contract by Seller or Purchaser pursuant to the terms hereof, Purchaser may, as its sole remedy, either terminate this Contract by giving Seller timely written notice of such election prior to or at Closing or enforce specific performance of this Contract against Seller. In the event Purchaser elects to terminate this Contract, the Earnest Money shall be returned to Purchaser and thereafter and, neither Purchaser nor Seller shall have any further rights or obligations hereunder. 10.3 Disposition of Earnest Money. In the event of a termination of this Contract by either Seller or Purchaser, the Title Company is authorized to deliver the Earnest Money to the party entitled to same pursuant to the terms hereof on or before the fifth (5th) business day following receipt by the Title Company and the non - terminating party of written notice of such termination from the terminating party, unless the other party hereto notifies the Title Company that it disputes the right of the other party to receive the Earnest Money prior to the expiration of such five (5) day period. In such event the Title Company shall interplead the Earnest Money into a court of competent jurisdiction in Brazos County, Texas, unless otherwise Instructed by both Purchaser and Seller. All attorneys' fees and costs and expenses of the Title Company incurred in connection with such interpleader shall be assessed against the party that is not awarded the Earnest Money in the event that such Earnest Money is interplead or if the Earnest Money is distributed in part to both parties, then in the inverse proportion of such distribution. Unimproved Property Contract of Sale Page 8 of 16 CAUsers\tey713l&AppOata \Local \MicrosoMVV!ndom \Temporary Internet Files \Content.OuUooklUSOPP3FF\Lany West Road Contract FINAL.doc ' Vol. � pg. /✓f� ARTICLE 11. LIMITATION OF SELLER'S REPRESENTATIONS AND WARRANTIES. (a)Acknowledgements and Agreements of Purchaser. Purchaser acknowledges and agrees as follows: (1) Disclaimer of Express Warranties. THAT, EXCEPT FOR SELLER'S REPRESENTATIONS AND WARRANTIES IN SECTION 6 OF THIS CONTRACT AND EXCEPT FOR THE SPECIAL WARRANTY OF TITLE IN THE DEED, PURCHASER ACKNOWLEDGES AND AGREES THAT (A) PURCHASER HAS NOT RELIED UPON ANY ADVICE OR REPRESENTATIONS BY SELLER OR ANY AGENT OR EMPLOYEE OF SELLER RELATIVE TO SOILS OR SUBSURFACE CONDITIONS, INCLUDING PRESENCE OF RADON GAS ON THE PROPERTY; (B) PURCHASER SHALL CAUSE SUCH INDEPENDENT EXAMINATIONS OF THE PROPERTY AS PURCHASER DEEMS NECESSARY AND SHALL MAKE ITS OWN FULL EXAMINATION AND DETERMINATION OF THE CONDITION OF THE PROPERTY, SPECIFICALLY INCLUDING THE ENVIRONMENTAL AND GEO- TECHNICAL CONDITION AND THE SUITABILITY THEREOF; (C) TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PROPERTY IS CONVEYED TO PURCHASER AS IS, WHERE IS AND WITH ALL FAULTS; AND (D) SELLER HAS NOT MADE AND DOES NOT MAKE ANY REPRESENTATIONS AS TO THE PHYSICAL CONDITION, OR ANY OTHER MATTERS AFFECTING OR RELATING TO THE PROPERTY (OTHER THAN WARRANTIES OF TITLE AS PROVIDED AND LIMITED HEREIN); AND SELLER EXPRESSLY DISCLAIMS, AND PURCHASER ACKNOWLEDGES AND ACCEPTS THAT SELLER HAS DISCLAIMED, ANY AND ALL REPRESENTATIONS, WARRANTIES OR GUARANTIES, OF ANY KIND, ORAL OR WRITTEN, EXPRESS OR IMPLIED (OTHER THAN WARRANTIES OF TITLE AS PROVIDED AND LIMITED HEREIN) WITH RESPECT TO THE PROPERTY, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OR REPRESENTATIONS WITH RESPECT TO (1) THE VALUE, CONDITION, MERCHANTABILITY, HABITABILITY, MARKET - ABILITY, PROFITABILITY, SUITABILITY OR FITNESS OF THE PROPERTY FOR A PARTICULAR PURPOSE OR USE, (II) THE MANNER OR QUALITY OF THE CONSTRUCTION OR MATERIALS, IF ANY, INCORPORATED INTO ANY IMPROVEMENTS ON THE PROPERTY HEREIN CONVEYED, (111) THE MANNER OF REPAIR, QUALITY, STATE OF REPAIR, OR LACK OF REPAIR OF ANY SUCH IMPROVEMENTS, OR (IV) THE AVAILABILITY OR NONAVAILABILITY OF BUILDING PERMITS. (2) Disclaimer of Implied Warranties. Seller hereby expressly disclaims any and all implied warranties (including, without limitation, implied warranties of condition, merchantability, habitability, fitness for a particular purpose, and implied warranties with respect to the value, profitability or marketability of the Property) and, except as specifically set forth in the Deed or Section 5.1 of this Contract, Seller hereby disclaims any representation or warranty with regard to compliance with any environmental protection, pollution or land use laws, rules, regulations, orders, or requirements including, but not limited to, those pertaining to the handling, generating, treating, storing, or disposing of any hazardous waste or substance. (3) The provisions of this Section 11 shall survive the Closing or any termination of this Contract. ARTICLE 12. MISCELLANEOUS 12.1 Entire Contract. This Contract contains the entire agreement of the parties hereto. There are no other agreements, oral or written, and this Contract can be amended only by written agreement signed by the parties hereto, and by reference made a part hereof. 12.2 Binding. This Contract, and the terms, covenants, and conditions herein contained, shall be covenants running with the Land and shall inure to the benefit of and be binding upon the successors and Unimproved Property Contract of Sale Page 9 of 16 C9Useniftyl 131MppDataSLocMMlemsoftlWindmslTemporary Internet Files%C g 3FRLarry West Road Contract FINAL.doc Vol. 1— P9 assigns of each of the parties hereto. Purchaser may not assign its rights under this Contract to any person or entity (other than an entity formed for the purpose of acquiring the Property in which Purchaser owns an equity interest, in which case no approval shall be required) without Sellers prior written consent. 12.3 Notice. Any notice, communication, request, reply or advice (collectively, "Notice ") provided for or permitted by this Contract to be made or accepted by either party must be in writing. Notice may, unless otherwise provided herein, be given or served by depositing the same In the United States mail, postage paid, registered or certified, and addressed to the party to be noted, with return receipt requested or by delivering the same to such party, or an agent of such party, or by delivering the same to such party via facsimile providing confirmation of delivery. Notice deposited in the mail in the manner hereinabove described shall be effective three (3) business days following such deposit. Notice given in any other manner shall be effective only if and when received by the party to be notified between the hours of 8:00 AM. and 5:00 PM of any business day with delivery made after such hours to be deemed received the following business day. For the purposes of notice, the addresses of the parties shall, until changed as hereinafter provided, be as follows: Purchaser: Brazos County Attn: County Judge 200 South Texas Ave., Suite 332 Bryan, Texas 77803' (979) 361 -4101 with copy to: Brazos County Attorney's Office 200 South Texas Ave., Suite 329 Bryan, Texas 77803 (979) 3614300 Seller: Larry and Mary Jane West 12722 Copperhead Road Bryan, Texas 77808 with copy to: Trey Malechek The Payne Law Group 3850 Corporate Center Drive Bryan, Texas 77802 The parties hereto shall have the right from time to time to change their respective addresses, and each shall have the right to specify as its address any other address within the United States of America by at least five (5) days written notice to the other parry. 12.4 Time. Time is of the essence in all things pertaining to the performance of this Contract. 12.5 Governing Law. This Contract shall be construed in accordance with the laws of the State where the Land is situated. 12.6 Currency. All dollar amounts are expressed in United States currency. 12.7 Section Headings. The section headings contained in this Contract are for convenience only and shall in no way enlarge or limit the scope or meaning of the various and several sections hereof. Unimproved Property Contract of Sale Page 10 of 16 C:\ Users \feyt1318\AppDe%a LocallMicroso@\Wlndows \Temporary Internet FileslContent .Oudook\USOPP3FRLany West Road Contract FINAL.doc Vol. � %� pg, is� 12.8 Survival of Obligations. To the extent necessary to carry out the terms and provisions hereof, unless otherwise provided herein, the terms, conditions, warranties, representations, obligations and rights set forth herein shall not be deemed terminated at the time of Closing, nor will they merge into the various documents executed and delivered at the time of Closing. 12,9 Business Days. In the event that any date or any period provided for in this Contract shall end on a Saturday, Sunday or legal holiday, the applicable date or period shall be extended to the first business day following such Saturday. Sunday or legal holiday. 12.10 No Recordation. Without the prior written consent of both the Seller and Purchaser, there shall be no recordation of either this Contract or any memorandum hereof, or any affidavit pertaining hereto, and any such recordation of this Contract without the prior written consent of both Seller and Purchaser shall constitute a default hereunder by breaching party, whereupon this Contract shall, at the option of non - offending party, terminate and be of no further force and effect and all Earnest Money deposited hereunder shall be immediately delivered to the non-offending party, whereupon the parties shall have no further duties or obligations one to the other. ARTICLE 13. REAL ESTATE COMMISSIONS: ABSTRACT OF PROPERTY Commissions. Seller and Purchaser each hereby severally represents to the other party hereto that it has not contacted any agent, broker or other similar party with respect to the transactions contemplated by this Contract. ARTICLE 14. DEFINITIONS As used in this Contract, the following terms shall have the respective meanings ascribed to them 14.1 Applicable Laws shall mean any and all presently existing and future judicial decisions, statutes, rulings, rules, regulations, permits, certificates or ordinances of any Governmental Authority applicable to the Property. 14.2 Effective Date shall mean the date on which a fully executed copy of this Contract is deposited at the Title Company, as evidenced by the signature of the Title Company on the Joinder attached hereto. The execution hereof by Purchaser shall constitute an offer by Purchaser to Seiler to purchase the Property on the terms and conditions herein stated, which must be accepted by Seller on or before 5:00 P.M., local time in Bryan, Texas, on by the execution hereof by Seller and the delivery to Purchaser of at least one copy of same properly executed. Governmental Authority shall mean the United States, the state, the county, the city, or any other political subdivision in which the Property is located, and any other political subdivision, agency or instrumentality exercising jurisdiction over the Property. 14.3 Hazardous Material shall mean any substance; a. The presence of which requires investigation or remediation under any statute, regulation, ordinance, order or policy of a Governmental Authority; or b. Which is defined as a "hazardous waste," "hazardous substance," pollutant, or contaminant under any federal, state, or local statute, regulation, rule, or ordinance or amendments thereto including, without limitation, the Comprehensive Environmental Response, Unimproved Property Contract of Sale Page 11 of 16 C:\ Userslf eyll318\ AppData \LocaRMicrosoMWindowslTemporary Internet HeMggo uUcukWSGPP�3FRI -arty West Road Contract FINAL.doc � q � I Vol. _ _ P9• -1- Compensation and Liability Act (42 U.S.C. § 9601 et seq.) and/or the Resource Conservation and Recovery Act (42 U.S.C. § 6901 et seq.). IN WITNESS WHEREOF, this Contract has been duly executed in multiple counterparts (each of which is to be deemed original for all purposes) by the parties hereto. [SIGNATURES TO FOLLOW ON NEXT PAGE) Unimproved Property Contract of Sale Page 12 of 16 C: WsersVey1131MppDataVLocaRMicrosoMWi emet Files %Content.Outlook \USOPP3FF1L "West Road Contract FINAL.doc / Vol. l % 4 pg. / SELLER: Larry West By: Mary Jane %West By: PURCHASER Brazos ou , a Political Subdivisl f the Stat f Te By: Duane Peters, Brazos County Judge Improved Property Contract of Sale Page 13 of 16 C:\ Usem\Iori%APPDatalLocaMdicrosofl \Windows \Temporary Internet Files \Content.Outlook \DWPJP6E6\Larry West Road Contract FINAL.doc _.. / JOINDER BY TITLE COMPANY The undersigned, referred to in the foregoing Contract as the 'Title Company," hereby acknowledges receipt of a fully executed copy (or executed counterparts) of the foregoing Contract on this day of 2014, and accepts the obligations of the Title Company as set forth therein, and certifies that it has this day executed all of the same and transmitted one (1) fully executed copy (or copy with counterpart execution pages) of the Contract to both the Seller and Purchaser, at their respective notice addresses as set forth in the Contract. Upon receipt, the Title Company hereby agrees to hold the Earnest Money as directed in this Contract and to distribute the Earnest Money in accordance with the terms and provisions of the Contract subject to receipt letter attached. By: Name: Unimproved Property Contract of Sale Page 14 of 16 C:\Users\feyll3lMppData\LOCOKMIcrosoMVVindows\Temporary Internet Files \Content.Outlock \USOPP3FF\Larry West Road Contract FINAL.doc _. Vol. / f4 pg. 7 EXHIBIT "A" Description of Land Unimproved Property Contract of Sale Page 15 of 16 CA USersVey113181AppDatalLocal \MlcrosoPoWindows \Temporary Internet Files \Content.OuUooklUSOPP3FF1Larry West Road Contract FINAL.doc Vol. / % 4 Pg. /-f-I EXHIBIT B SDecial Warranty Deed Unimproved Property Contract of Sale Page 16 of 16 C:\Users\feyll3l8\AppDatalLocaRMicrosoft\Windam\Temporary Internet Files {Content.OudookiUSOPP3FRLarry West Road Contract FINAL.doc — Vol. / 74 Pg. NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVERwS LICENSE NUMBER. Date: SPECIAL WARRANTY DEED 2014 Grantor: LARRY WEST and wife, MARY JANE WEST Grantor's Mailing Address: 12722 Copperhead Road Bryan, Texas 77808 Grantee: BRAZOS COUNTY, a Political Subdivision of the State of Texas Grantee's Mailing Address: 200 South Texas Avenue, Suite 332 Bryan, Texas 77803 Consideration: In and for the stun of Ten and No /100 ($10.00) Dollars, and other good and valuable consideration, the receipt of which is hereby acknowledged. Property (including any improvements): See attached Exhibit "A ", incorporated herein for all purposes. GRANTEE ACKNOWLEDGES AND AGREES THAT (A) GRANTEE HAS NOT RELIED UPON ANY ADVICE OR REPRESENTATIONS BY GRANTOR OR ANY AGENT OR EMPLOYEE OF GRANTOR RELATIVE TO SOILS OR SUBSURFACE CONDITIONS, INCLUDING PRESENCE OF RADON GAS ON THE PROPERTY; (B) GRANTEE SHALL CAUSE SUCH INDEPENDENT EXAMINATIONS OF THE PROPERTY AS GRANTEE DEEMS NECESSARY AND SHALL MAKE ITS OWN FULL EXAMINATION AND DETERMINATION OF THE CONDITION OF THE PROPERTY, SPECIFICALLY INCLUDING THE ENVIRONMENTAL AND CEO - TECHNICAL CONDITION AND THE SUITABILITY 'THEREOF; (C) TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PROPERTY IS CONVEYED TO GRANTEE AS IS, WHERE. IS AND WITH ALL FAUL'T'S; AND (D) GRANTOR HAS NOT MADE AND DOES NOT MAKE ANY REPRESENTATIONS AS TO THE PHYSICAL CONDITION, OR ANY OTHER MATTERS AFFECTING OR RELATING TO THE PROPERTY (OTHER THAN WARRANTIES OF TITLE AS PROVIDED AND LIMITED HEREIN); AND GRANTOR EXPRESSLY DISCLAIMS, AND GRANTEE ACKNOWLEDGES AND ACCEPTS THAT GRANTOR HAS DISCLAIMED, ANY AND ALI, REPRESEN'T'ATIONS, WARRANTIES OR GUARANTIES, OF ANY KIND, ORAL OR WRITTEN, EXPRESS OR IMPLIED (OTHER THAN WARRANTIES OF TITLE AS PROVIDED AND LIMITED HEREIN) WITH RESPECT TO THE PROPERTY, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OR REPRESENTATIONS WITH RESPECT TO (1) THE VALUE, CONDITION, MERCHANTABILITY, HABITABILITY, MARKET - ABILITY, PROFITABILITY, SUITABILITY OR FITNESS OF THE PROPERTY FOR A PARTICULAR PURPOSE OR USE, (II) THE MANNER OR QUALITY OF THE CONSTRUCTION OR MATERIALS, IF ANY, INCORPORATED INTO ANY IMPROVEMENTS ON THE PROPERTY HEREIN CONVEYED, (111) THE MANNER OF REPAIR, QUALITY, STATE OF REPAIR, OR LACK OF REPAIR OF ANY SUCH IMPROVEMENTS, OR (IV) THE AVAILABILITY OR NONAVAILABILIT'Y Or BUILDING PERMITS. Reservations from Conveyance: None. Exceptions to Conveyance and Warranty: THE PERMITTED EXCEPTIONS ON THE TITLE COMMITMENT Page 1 of 4 Any prior reservation of oil, gas and other minerals in, on or under the herein described property by Grantor's predecessors in title together with any leases pertaining to such interest. Grantor, for the Consideration and subject to the Reservations from Conveyance and Exceptions to Conveyance and Warranty contained herein, grants, sells, and conveys to Grantee the Property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and to hold unto Grantee, Grantee's heirs, executors, administrators, successors, or assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators, successors, and assigns to warrant and forever defend all and singular the Property unto Grantee and Grantee's heirs, executors, administrators, successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof when the claim is by, through, or under Grantor but not otherwise, except as to the Reservations from Conveyance and Exceptions to Conveyance and Warranty contained herein. When the context requires, singular nouns and pronouns include the plural. GRANTOR: LARRY WEST By: MARY JANE WEST By: GRANTEE BRAZOS COUNTY, a Political Subdivision of the State of Texas By: Duane Peters, Brazos County J udge Page 2 of 4 Vol. / /?4 pg. /p/ / STATE OF TEXAS COUNTY OF BRAZOS This instrument was acknowledged before me on the day of , 2014 by Larry West and wife, Mary Jane West, Notary Public, State of Texas My Commission Expires: STATE OF TEXAS COUNTY OF BRAZOS This instrument was acknowledged before me on the day of 2014 by Duane Peters, Brazos County Judge of BRAZOS COUNTY, a Political Subdivision of the State of Texas. Notary Public, State of Texas My Commission Expires: Page 3 of 4 Vol. / 7 Pg. / l: 2 F)(Mff "A" Miis page must be replaced by the metes and bounds legal description of the subject property) Page 4 of C Vol. / Pg. IMPROVED PROPERTY CONTRACT OF SALE THIS IMPROVED PROPERTY CONTRACT OF SALE (this "Contract ") is made by and between Larry West Repair Service, Inc., a Texas corporation ( "Seller") and Brazos County, a Political Subdivision, State of Texas ( "Purchaser "). Terms which are used in this Contract and not otherwise defined herein shall have the meanings ascribed to such terms in Article 13 hereof In consideration of the agreements herein contained and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Seller and Purchaser hereby agree as follows: ARTICLE 1. SALE OF THE PROPERTY Seller agrees to sail and convey unto Purchaser, and Purchaser agrees to purchase and accept from Seller, for the price and subject to the terms, covenants, conditions and provisions set forth herein, all of Seller's right, title and interest in and to the following (sometimes referred to herein in the aggregate as the "Property"): a. All of the land located in Brazos County, Texas, and more particularly described in Exhibit "A" attached hereto and incorporated herein for all purposes (the "Land "), together with all right, title and interest, if any, of Seller, in and to (i) strips or gores, if any, between the Land and abutting properties, whether owned or claimed by deed, limitations or otherwise, and whether or not they are located inside or outside of the boundaries of the Land, (ii) any land lying in or under the bed of any highway, avenue, street, road, alley, easement or right -of -way, open or proposed, in, on, across, abutting or adjacent to the Land, to the center line thereof, (iii) all right, title and interest of Seller, reversionary or otherwise, in and to all easements in or upon the Land and all other rights and appurtenances belonging or in anywise pertaining to the Land or the Improvements described below and (iv) all right, title and interest of Seller pursuant to the terms and conditions of the Contract; b. All of the buildings and other structures and improvements situated on the Land, including but not limited to, the structures commonly known as office/office building, main shop building, paint booth building, inspection building, Quonset but building, and miscellaneous storage buildings, but specifically excluding the paint booth (collectively, the "Improvements "); C. All mechanical, electrical, heating, air conditioning and plumbing systems, fixtures and equipment; and all other fixtures of every kind and character, and all accessories and additions thereto, owned by Seller and located in or on the Land or Improvements (collectively, the "Personalty "); but specifically excluding any items of personal property owned by tenants of the Land or Improvements; d. All assignable warranties and guaranties of Seller, if any, relating to the Land, Improvements or Personalty (collectively, the "Warranties "); e. All keys to locks on the Land and Improvements; and f. All other rights, privileges and appurtenances owned by Seller and in any way related to the properties described in this Article 1. Improved Property Contract of Sate Page 1 of 17 C: \Usersllori AppOata \Local Wlicrosoft%Windows%Temporary Internet Files \Content.OutlooklDWPJP6E51arry West Repair Service Improved Property Contract FINAL.doc - -- -- ARTICLE 2. CONSIDERATION 2.1 Purchase Price. The purchase price ( "Purchase Price ") for the Property is $240,000.00, which shall be payable by Purchaser to Seller in cash. 2.2 Earnest Money. Within five (5) business days after the execution of this Contract by both Seller and Purchaser. Purchaser shall deposit with Brazos County Abstract Company, Bryan, Texas (the "Title Company "), the sum of $2,500.00 (the "Initial Deposit ") in good funds. Should Purchaser fail to make the Initial Deposit within such five (5) business day period, this Contract shall automatically terminate, whereupon the Title Company shall return to Seller all executed originals of this Contract then in its possession and Seller and Purchaser shall have no further rights, liabilities or obligations hereunder. The Initial Deposit and any interest earned thereon are hereinafter collectively referred to as the "Earnest Money." If the transaction contemplated by this Contract is consummated in accordance with the terms and provisions hereof, the Earnest Money shall be credited against the Purchase Price and paid to Seller at Closing. If the transaction is not consummated pursuant to the terms hereof, the Earnest Money shall be held and delivered by the Title Company as hereinafter provided. ARTICLE 3. INSPECTION 3.1 Inspection Period. Purchaser shall have the period commencing on the Effective Date and ending no later than one hundred twenty (120) days prior to the Closing Date (the "Inspection Period ") to review the Property, environmental reports, and other submission matters and to enter or to have its authorized representatives and its and their agents, employees and representatives enter upon the Property or any part thereof at any reasonable time, for the purpose of inspecting the Property and making, at Purchaser's sole risk and expense, such other inspections, examinations, investigations and tests as Purchaser considers appropriate, provided that: a. Purchaser and Purchaser's representatives and its and their agents, employees and representatives shall not unreasonably interfere with the usual operation of the Property by Seller; b. Purchaser and Purchaser's representatives and its and their agents, employees and representatives shall exercise due care and ordinary prudence in performing such inspections, examinations, investigations and tests and Purchaser shall not cause or permit any damage or injury to be done to the Property and shall restore the Property to such condition as existed prior to such inspections, examinations, investigations and tests; C. Purchaser shall be responsible for and shall indemnity and hold harmless Seiler from liability for any loss, cost, expense, claim, injury or damage arising out of or in any manner connected with such activities on the Property, and such indemnity shall survive the early termination of this Contract or the Closing contemplated hereby; d. Purchaser agrees that the inspections and any other information, books, records, data or other material delivered to Purchaser by Seller or otherwise obtained by Purchaser during Purchaser's inspections of the Property shall be kept confidential and not disclosed to any person, firm or organization other than Purchaser's accountants, attorneys, consultants and proposed or potential lenders or financial partners, who shall keep such information and other matters confidential. Purchaser agrees that it will not discuss, and will instruct any person conducting inspections, examinations, investigations or tests on Purchaser's behalf not to discuss, the results obtained from any inspection of the Property; Contract of Sale Page 2 of 17 ocaWicrosoft \Win toU [IlLemet Files \Content.OutlooMDWPJPSE5%Larry West Repair service Improved Property Contract FINALdoc L%y )- ` ,)I. / 9,-("-,- Pg. 144.5 3.2 Right of Termination. During the Inspection Period, Purchaser shall be entitled, for any reason or for no reason in Purchaser's sole discretion, judgment and opinion, including without limitation if Purchaser shall disapprove and be dissatisfied with any aspect of the Property or any item examined by Purchaser pursuant to Section 3.2., and as its sole remedy, to terminate this Contract by giving written notice to Seller on or before the expiration of the Inspection Period, whereupon all of the provisions of this Contract shall terminate and the Earnest Money shall be returned to Purchaser. Upon such termination, neither Seller nor Purchaser shall have any further rights, obligations or liabilities hereunder. ARTICLE 4. TITLE AND SURVEY 4.1 Title Commitment. Within ten (10) days following the Effective Date, Seller shall cause the Title Company to furnish to Purchaser, at Seller's sole cost and expense, a Commitment for Title Insurance (the "Commitment ") in the form prescribed by the State Board of Insurance covering the Land and listing Purchaser as the Proposed Insured and showing the Purchase Price as the Policy Amount. With regard to the standard printed exceptions included on Schedule B of the standard form Commitment for Title Insurance, the Commitment shall reflect (a) either specific restrictive covenants of record, by reference to the volume and page where each appears of record or if there are no such restrictive covenants, that item 1 of Schedule B of the Owner's Policy of Title Insurance to be delivered pursuant to the Commitment (the "Policy ") will be deleted, (b) that upon receipt by the Title Company of an acceptable survey, item 2 on Schedule B of the Policy will be modified to delete all save "shortages in area ", and (c) that there will be no exception in the Policy for "rights of parties in possession" or "rights of parties as tenants only in possession under unrecorded leases ". At such time as the Title Commitment is delivered to Purchaser. Seller shall cause the Title Company to furnish legible photocopies (to the extent available) of all instruments referred to in the Commitment as conditions or exceptions to title to the Property and to the extent available, current tax certificates with respect to the Land and Improvements from all applicable taxing authorities. 4.2 UCC Searches. Within ten (10) days following the Effective Date, Title Company shall deliver to Purchaser, at Purchaser's sole cost and expense, current searches of the Uniform Commercial Code records of the Office of the Secretary of State of Texas and Brazos County, Texas, covering Seller (collectively, the "UCC Searches "). together with copies of all financing statements which appear thereon. 4.3 Review of Title and Survey. Purchaser shall have a period (the "Title Review Period ") ending on the last to occur of (i) the end of the Inspection Period and (ii) fifteen (15) business days after the date on which Purchaser receives the last to be received of the Commitment, (a) legible copies, to the extent available, of all instruments referred to in the Commitment, (b) the UCC Searches, (c) copies of all financing statements which appear on the UCC Searches, and (d) the Survey, in which to notify Seller of any objections Purchaser has to any matters shown or referred to in the Commitment, the UCC Searches or on the Survey. Any title encumbrances or exceptions which are referred to in the Commitment, the UCC Searches or on the Survey and as to which Purchaser does not object during the Title Review Period shall be deemed to be Permitted Encumbrances (herein so called) to the status of Seller's title. None of the exceptions prohibited by Section 4.1. shall be Permitted Encumbrances. 4.4 Survey. Within thirty (30) days following the Effective Date, Seller shall order, a Category 1A, Condition 2 survey of the Property (the "Survey "), dated after the Effective Date. Seller shall deliver a signed counterpart of the Survey to Purchaser within five (5) business days following the receipt thereof by Purchaser. Seller and Purchaser shall split the cost of the Survey equally. The Survey shall contain, among other things, the following. (i) a metes and bounds description and plat showing the actual dimensions of, and area within, the Land; Improved Property Contract of Sale Page 3 of 17 C: 1U"mUon'AppDatalLocaWicrosoft %Windows \Temporary Internet FileslContent .OutlooklDWPJP6E5LLarry West Repair service Improved Property Contrail FINAL.doc 1_ pg. L- - (ii) the location of all Improvements and any existing and proposed streets, roadways, encroachments or overlaps; (iii) the physical access, if any, to the Land from a publicly dedicated street or road; (iv) the outside boundary lines of the Land; (v) the location of all plotable easements and other matters that are of record and are listed as exceptions to title in the Commitment; (vi) the location of all easements or rights-of-way that are apparent from an on -the- ground survey; and (vii) the surveyor's signature, registered number and seal, the date of the Survey, and a certification of the total square footage of the Land. 4.5 Objections to Status of Title. In the event Purchaser objects to any matters referred to in the Commitment, the UCC Searches or on the Survey during the Title Review Period, Seller shall have thirty (30) days (the "Cure Period ") to satisfy Purchaser's objections. In the event Seller is unable or unwilling to satisfy Purchaser's objections within the Cure Period, Purchaser shall have the option to either (a) waive Purchaser's objections and purchase the Property as otherwise contemplated in this Contract, without any adjustment in the Purchase Price, in which event such waived objections shall become Permitted Encumbrances or (b) terminate this Contract by written notice to Seller, in which event the Earnest Money shall be returned to Purchaser, neither Seller nor Purchaser shall have any further rights, obligations or liabilities hereunder. Seller shall have no obligation to cure any objection raised by Purchaser during the Title Review Period other than monetary obligations arising from the actions or inactions of Seller and may elect to notify Purchaser at any time during the Cure Period that it is unable or unwilling to satisfy any of Purchaser's objections. ARTICLE 5. REPRESENTATIONS AND WARRANTIES 5.1 Setters Representations. Seller represents and warrants to Purchaser as of the Effective Date and as of the Closing Date, as follows: a. Seller is duly organized, validly existing and in good standing under the laws of the state of its creation as a corporation with full power and authority to enter into and execute this Contract and to consummate the transactions contemplated hereby. Seller has received all requisite corporate approvals necessary for the execution of this Contract and the consummation of the transactions contemplated hereby and this Contract constitutes the legal, valid and binding obligation of Seller, enforceable against Seller in accordance with its terms, except as such enforceability may be limited by bankruptcy, insolvency, moratorium, reorganization or other similar laws affecting debtors' and creditors' rights generally and general equitable provisions. b. Seller has not received written notice from any Governmental Authority that the existing use, maintenance and operation of the Property violate any Applicable Law. C. To the best of Seller's knowledge, Seller has not engaged in or permitted any operations or activities upon, or any use or occupancy of the Property for the purpose of or in any way involving the handling, manufacture, treatment, storage, use, generation, release, discharge, refining, dumping, or disposal of any Hazardous Materials in violation of Applicable Laws. To the best of Seller's knowledge, no underground storage tanks are presently located on the Property. Improved Property Contract of Sale Page 4 of 17 C: 1Usemllori \AppDatalLocallMicrosoRlWindom \Temporary Internet Files\ContenLoutlook\DWPJP6E5 \Larry West Repair Service Improved Property Contract FINAL.doc lJNf' d. Seller has filed all federal, state, county, municipal and city income and other tax returns and reports required to have been filed by Seller with respect to the Property, and has paid all taxes which have become due pursuant to such returns or pursuant to any assessments received by Seller or is contesting such taxes in accordance with the requirements of Applicable Law. e. There are no actions, suits, or proceedings pending or, to the best of Seller's knowledge, threatened in any court or before or by any Governmental Authority against or affecting Seller or the Property. f. There are no pending eminent domain or condemnation proceedings against the Property or any part thereof and to the best of Seller's knowledge, no such proceedings are presently threatened or contemplated by any authority with the power of eminent domain. g. Seller is not a foreign person subject to withholding tax as required by Section 1445 of the Internal Revenue Code. h. There are no contracts or other obligations outstanding for the sale, exchange or transfer of the Property or any portion thereof. 5.2 Purchaser's Representations. Purchaser represents and warrants to Seller as of the Effective Date and of the Closing Date, as follows: a. Purchaser is duly organized, validly existing and in good standing under the laws of the state of its formation or creation as a corporation, and is qualified to do business and is in good standing in the State of Texas, with full power and authority to enter into and execute this Contract and to consummate the transactions contemplated hereby. Purchaser has received all requisite corporate approvals necessary for the execution of this Contract and the consummation of the transactions contemplated hereby and this Contract constitutes the legal, valid and binding obligation of Purchaser, enforceable against Purchaser in accordance with its terms, except as such enforceability may be limited by bankruptcy, insolvency, moratorium, reorganization or other similar laws affecting debtors' and creditors' rights generally and general equitable provisions. b. Neither the execution of this Contract nor the performance by Purchaser of its obligations hereunder will violate, be in conflict with, result in a breach of, or constitute (with due notice or lapse of time, or both) a default under any Applicable Law. 5.3 Survival. The representations and warranties made by Seller in Section 5.1. hereof and the representations and warranties made by Purchaser in Section 5.2. hereof shall be effective through Closing and continue in full force and effect after the Closing for a period of one (1) year; provided any claim arising by reason of a claimed breach of such representations and warranties must be filed in a court of competent jurisdiction on or before the date which is one (1) year from the Closing Date. ARTICLE 6. CONDITIONS TO CLOSING 6.1 Conditions to Purchaser's Obligation to Close. In addition to the conditions set forth elsewhere in this Contract, the following condition(s) shall be conditions precedent to the obligation of Purchaser to purchase the Property on the Closing Date as provided herein. a. As of the Closing Date, all of the representations and warranties of Seller set forth herein shall be true and correct in all material respects as if such representations and warranties had been made on such date; provided, however, such condition shall be deemed waived to the Improved Property Contract of Sale Page 5 of 17 C:\ UsersVon UlppDataLLocal%MicrosoftlWindows \Temporary Internet Files \Content.Outlook\DWPJP6E5LLarry West Repair Serv' a Improved Property Contract FINAL.doc __ ___ _ (, YJ• extent that prior to the expiration of the Inspection Period, Purchaser obtains actual knowledge that any such representation or warranty was not true and correct. b. Prior to the Closing Date, Seller shall remove or caused to be removed from the Property all personal property and items, including but not limited to, vehicles, equipment, farm and construction implements, chemicals, items used in Seller's ongoing business, paint booth, construction debris, tires, and automotive parts. C. Prior to the Closing Date, Seller shall remove hazardous substances, including but not limited to automotive fluids, paints, solvents and activators from Property. Seller shall also remove large containers and drums containing hydrocarbons and fuel tanks from Property. d. Prior to the Closing Date, Seller shall remove the municipal solid waste dumpster located on Property. e. Prior to the Closing Date, Seller shall remove and remediate all topsoil to a depth required to eliminate surface staining and spent blasting material from Property. ARTICLE 7. CLOSING 7.1 Closing Date. Provided all of the conditions to Closing have been satisfied, the Closing shall be held at the offices of the Title Company (or such other location as may be mutually agreed upon by Seller and Purchaser) at 10:00 a.m. local time in Bryan, Texas, within one hundred twenty (120) days of the Effective Date, unless extended or accelerated, as hereinafter provided (the "Closing Date "). At any time on or before the Closing Date, Purchaser shall have the unilateral right to notify Seller that it elects to accelerate the Closing Date to a date no earlier than ten (10) days after the date of such notice. In the event Purchaser delivers such a notice of acceleration, the Closing Date shall be accelerated to the date set forth therein (which date shall be at least 10 days after the date of such notice), and thereafter, all references in this Contract to the term "Closing Date" shall mean the Closing Date, as so accelerated. 7.2 Closing Matters, Seller. At Closing, Seller shall execute, deliver and acknowledge the following documents: a. A special warranty deed (the "Deed ") in the form of Exhibit "B" attached hereto; and b. Such other affidavits and documents as may be reasonably required by the Title Company. C. In addition to the documents to be executed and delivered by Seller pursuant to Section 7.2., at Closing Seller shall: (i) Cause the Title Company to modify (by interiineation or otherwise) the Commitment to reflect the Permitted Encumbrances, thereby indicating the commitment of the Title Company to issue the Policy to the Purchaser, subject only to such Permitted Encumbrances; (it) Deliver all available keys then in Seller's possession to locks located in the Improvements to Purchaser; and Improved Property Contract of Sale Page 6 of 17 C:lUsersllori AppData \LocaMAicrosoft\Wmdow5lTemporary Internal Files \Content.OutlookOWPJP6ES\Larry West Repair Service Improved Property Contract FINAL.doc /..r li• F. / 9 pg. % %_ (111) Deliver such evidence of the authority and capacity of Seller and its representatives as Purchaser, Purchaser's counsel or the Title Company may reasonably require. 7.3 Closing Matters, Purchaser. At Closing, Purchaser shall execute, deliver and acknowledge the following documents: Affidavits and documents as may be reasonably required by the Title Company. b. In addition to the documents to be executed, delivered and acknowledged by Purchaser pursuant to Section 7.3., at Closing Purchaser shall: (1) Deliver the Purchase Price to the Title Company (less the amount of Earnest Money on deposit); and (ii) Deliver such evidence of the authority and capacity of Purchaser and its representatives as Seller, Seller's counsel or the Title Company may reasonably require. C. At Closing, if ad valorem taxes for the year of Closing are not known or cannot be reasonably estimated, taxes shall be estimated based on taxes for the year prior to Closing. After taxes for the year of Closing are known, adjustments, if needed, will be made between the parties. All utility meters shall be read on the date prior to the date of Closing and all utilities thereafter used shall be paid for by Purchaser and all utilities theretofore used shall be paid by Seller. 7A Closing Costs. Seller and Buyer shall each pay one -half (112) the cost of the Survey. The Seller shall pay the basic premium for the Policy, the fee for amending the area and boundary exception on the Policy, one -half (1/2) of the escrow fee charged by the Title Company, all fees and charges for recording the Deed and any other instruments to be filed or recorded at Closing, its share of the prorations and its own attorney's fees. Purchaser shall pay the cost of any endorsements to the Policy Purchaser elects to purchase other than the fee for amending the area and boundary exception, all Inspections undertaken pursuant to Article 3. hereof, and one -half (1/2) of the escrow fee charged by the Title Company. Except as otherwise provided in this Section, all other expenses hereunder shall be paid by the party incurring such expenses. ARTICLE 8. DAMAGE TO PROPERTY 8.1 Casualty; Condemnation. Seller agrees to give Purchaser prompt notice of any casualty affecting the Land, the Improvements or the Personalty between the date hereof and the Closing Date or of any actual or threatened taking or condemnation of all or any portion of the Land or the Improvements. a. If prior to the Closing there shall occur: (t) Damage to the Property caused by fire or other casualty which would cost $1,000.00 or more to repair; or (11) The taking or condemnation of all or any portion of the Land and the Improvements as would materially interfere with the continuing use thereof as an office building; Improved Property Contract of Sale Page 7 of 17 C:1 Users VonWppOatalLocaWicrosoft%Window Temporary Internet Fifes \Conlent.OutlooklOWPJP6E5V.arry West Repair service Improved Property Contract FINAL.doc _ L .J, Vol. then in any such event, Purchaser may at its option terminate this Contract by notice to Seller within twenty (20) days after Purchaser has received the notice referred to above or at the Closing, whichever is earlier. If Purchaser does not elect to terminate this Contract, then the Closing shall take place as provided herein with an abatement of the Purchase Price, and there shall be assigned to Purchaser at the Closing without recourse or warranty all interest of Seller in and to any insurance proceeds (subject to confirmation by Seller that such assignment will not impair Seller's insurance) or condemnation awards which may be payable to Seller on account of any such occurrence and Purchaser shall receive as a credit against the Purchase Price the amount of any unpaid deductible applicable to such insurance proceeds. If such assignment would impair Seller's insurance, then Seller shall be obligated to pay Purchaser, at Closing, or credit against the Purchase Price an amount equal to any insurance proceeds which would be payable on account of such occurrence and the amount of any unpaid deductible applicable to such insurance proceeds. 8.2 Postponement of Closing. If, as a result of a casualty loss any determination (including but not limited to a determination by arbitration), election or agreement required by the terms of this Article B. is not made by the Closing Date, the Closing Date shall be extended until twenty (20) days after said determination, election or agreement is made, provided, however, if said determination, election or agreement has not been made within thirty (30) days following the original scheduled Closing Date, this Contract shall automatically terminate and, provided that Purchaser has not unreasonably failed to make any determination, election or agreement provided for in this Article 8, neither party shall have any further rights or obligations hereunder and the Earnest Money shall be returned to Purchaser. ARTICLE 9. INTERIM AND POST - CLOSING RESPONSIBILITIES 9.1 Interim Responsibilities. Seller agrees that during the period between the Effective Date and the Closing Date: a. Seller will manage the Property or will cause the Property to be managed under policies substantially similar to those existing prior to the Effective Date and shall continue to offer services and amenities in accordance with past practices; Seller will permit no change or modification without, in each instance, the prior written approval of Purchaser; b. The Improvements and the Personalty will be maintained in as good condition and state of repair as that existing on the Effective Date, subject, however, to normal wear and tear and the provisions of Article 8, hereof; C. Subject to the prorations prescribed in Article 7 hereof, Seller will cause to be paid in the ordinary course of business all trade accounts and costs and expenses of operation and maintenance of the Property incurred or attributable to a period prior to the Closing; d. Seller will not, without the prior written consent of Purchaser, permit to be sold or otherwise dispose of any item or group of items constituting a material portion of the Property; e. Seller will maintain Seller's existing insurance coverage with respect to the Property from the date hereof through the Closing Date or earlier termination of this Contract; and Seller will not further encumber or permit encumbrance of the Property in any manner. 9.2 Liability for operations of the Property. a. Seller agrees to indemnify and hold Purchaser harmless of and from any and all liabilities, claims, demands and expenses of any kind or nature (except those items that by this Improved Property Contract of Sale Page 8 of 17 C: \Users\loriWppDala \LoeaiVAicrosoft \Windows \Temporary Internet Files \Content.Outlook\DWPJP6E5\Larry West Repair Service Improved Property Contract FINAL.doc _ _ 4 reJ• Contract specifically become the obligations of Purchaser) arising or properly performable and allocable to the period of time prior to the Closing Date and that are in any way related to the ownership, maintenance or operation of the Property, and all expenses related thereto, including, without limitation, court costs and attorneys' fees, except those liabilities, claims, demands and expenses arising from the negligence or willful misconduct of Purchaser. b. Purchaser agrees to indemnify and hold Seller harmless of and from any and all liabilities, claims, demands and expenses of any kind or nature (except those items which by this Contract specifically remain the obligations of Seller) arising or properly performable and allocable to the period of time on and after the Closing Date and that are in any way related to the ownership, maintenance or operation of the Property, and all expenses related thereto, including without limitation, court costs and attorney's fees, except those liabilities, claims, demands and expenses arising from the negligence or willful misconduct of Seller. ARTICLE 10. REMEDIES 10.1 Sellers Remedies. In the event Purchaser fails to perform its obligations pursuant to this Contract for any reason except (a) failure by Seller to perform any of its obligations hereunder, (b) if any of the representations or warranties of Seller hereunder is incorrect in any material respect on the date hereof or at any time on or prior to the Closing Date, or (c) the termination of this Contract by Seller or Purchaser pursuant to the terms hereof, Seller shall be entitled as its sole remedy hereunder to terminate this Contract and recover the Earnest Money as liquidated damages and not as a penalty, in full satisfaction of claims against Purchaser hereunder. Seller and Purchaser agree that Seller's damages resulting from Purchaser's default are difficult, if not impossible, to determine and the Earnest Money is a fair estimate of those damages which has been agreed to in an effort to cause the amount of said damages to be certain. 10.2 Purchaser's Remedies. In the event Seller fails to perform its obligations pursuant to this Contract for any reason except (a) failure by Purchaser to perform hereunder, (b) if any of the representations or warranties of Purchaser hereunder is incorrect in any material respect on the date hereof or at any time on or prior to the Closing Date, or (b) a termination of this Contract by Seller or Purchaser pursuant to the terms hereof, Purchaser may, as its sole remedy, terminate this Contract by giving Seller timely written notice of such election prior to or at Closing. In the event Purchaser elects to terminate this Contract, the Earnest Money shall be returned to Purchaser and thereafter and, neither Purchaser nor Seller shall have any further rights or obligations hereunder. 10.3 Disposition of Earnest Money. In the event of a termination of this Contract by either Seller or Purchaser, the Title Company is authorized to deliver the Earnest Money to the party entitled to same pursuant to the terms hereof on or before the fifth (5th) business day following receipt by the Title Company and the non - terminating party of written notice of such termination from the terminating party, unless the other party hereto notifies the Title Company that it disputes the right of the other party to receive the Earnest Money prior to the expiration of such five (5) day period. In such event the Title Company shall interptead the Eamest Money into a court of competent jurisdiction in Brazos County, Texas, unless otherwise instructed by both Purchaser and Seller. All attorneys' fees and costs and expenses of the Title Company incurred in connection with such interpleader shall be assessed against the party that is not awarded the Earnest Money in the event that such Earnest Money is interplead or if the Earnest Money is distributed in part to both parties, then in the inverse proportion of such distribution. Improved Property Contract of Sale Page 9 of 17 C: WSers9oriVAppData %LomNAicrosoft%Windows %Temporary Internet Files lConlent.OutlooklDWPJPSES\Larry West Repair service Improved Property Contract FINAL.doc L �. Vol. _ 9 6 Pg, /,� ARTICLE 11. LIMITATION OF SELLER'S REPRESENTATIONS AND WARRANTIES. (a)Acknowledgements and Agreements of Purchaser. Purchaser acknowledges and agrees as follows: (1) Disclaimer of Express Warranties. THAT, EXCEPT FOR SELLER'S REPRESENTATIONS AND WARRANTIES IN SECTION 6 OF THIS CONTRACT AND EXCEPT FOR THE SPECIAL WARRANTY OF TITLE IN THE DEED, PURCHASER ACKNOWLEDGES AND AGREES THAT (A) PURCHASER HAS NOT RELIED UPON ANY ADVICE OR REPRESENTATIONS BY SELLER OR ANY AGENT OR EMPLOYEE OF SELLER RELATIVE TO SOILS OR SUBSURFACE CONDITIONS, INCLUDING PRESENCE OF RADON GAS ON THE PROPERTY; (B) PURCHASER SHALL CAUSE SUCH INDEPENDENT EXAMINATIONS OF THE PROPERTY AS PURCHASER DEEMS NECESSARY AND SHALL MAKE ITS OWN FULL EXAMINATION AND DETERMINATION OF THE CONDITION OF THE PROPERTY, SPECIFICALLY INCLUDING THE ENVIRONMENTAL AND GEO- TECHNICAL CONDITION AND THE SUITABILITY THEREOF; (C) TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PROPERTY IS CONVEYED TO PURCHASER AS IS, WHERE IS AND WITH ALL FAULTS; AND (D) SELLER HAS NOT MADE AND DOES NOT MAKE ANY REPRESENTATIONS AS TO THE PHYSICAL CONDITION, OR ANY OTHER MATTERS AFFECTING OR RELATING TO THE PROPERTY (OTHER THAN WARRANTIES OF TITLE AS PROVIDED AND LIMITED HEREIN); AND SELLER EXPRESSLY DISCLAIMS, AND PURCHASER ACKNOWLEDGES AND ACCEPTS THAT SELLER HAS DISCLAIMED, ANY AND ALL REPRESENTATIONS, WARRANTIES OR GUARANTIES, OF ANY KIND, ORAL OR WRITTEN, EXPRESS OR IMPLIED (OTHER THAN WARRANTIES OF TITLE AS PROVIDED AND LIMITED HEREIN) WITH RESPECT TO THE PROPERTY, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OR REPRESENTATIONS WITH RESPECT TO (1) THE VALUE, CONDITION, MERCHANTABILITY, HABITABILITY, MARKET - ABILITY, PROFITABILITY, SUITABILITY OR FITNESS OF THE PROPERTY FOR A PARTICULAR PURPOSE OR USE, (II) THE MANNER OR QUALITY OF THE CONSTRUCTION OR MATERIALS, IF ANY, INCORPORATED INTO ANY IMPROVEMENTS ON THE PROPERTY HEREIN CONVEYED, (111) THE MANNER OF REPAIR, QUALITY, STATE OF REPAIR, OR LACK OF REPAIR OF ANY SUCH IMPROVEMENTS, OR (IV) THE AVAILABILITY OR NONAVAILABILITY OF BUILDING PERMITS (2) Disclaimer of Implied Warranties. Seller hereby expressly disclaims any and all implied warranties (including, without limitation, implied warranties of condition, merchantability, habitability, fitness for a particular purpose, and implied warranties with respect to the value, profitability or marketability of the Property) and, except as specifically set forth in the Deed or Section 5.1 of this Contract, Seller hereby disclaims any representation or warranty with regard to compliance with any environmental protection, pollution or land use laws, rules, regulations, orders, or requirements including, but not limited to, those pertaining to the handling, generating, treating, storing, or disposing of any hazardous waste or substance. (3) The provisions of this Section 11 shall survive the Closing or any termination of this Contract. ARTICLE 12. MISCELLANEOUS 12.1 Entire Contract. This Contract contains the entire agreement of the parties hereto. There are no other agreements, oral or written, and this Contract can be amended only by written agreement signed by the parties hereto, and by reference made a part hereof. 12.2 Binding. This Contract, and the terms, covenants, and conditions herein contained, shall be covenants running with the Land and shall inure to the benefit of and be binding upon the successors and Improved Property Contract of Sale Page 10 of 17 C'.\ UsersV on'\AppData \LocaMdicrosoftlWindowatTemporary Internet FileslContent .OuUcokIDWPJP6E5V.arry West Repair Sery Improved Property Contract FINAL.doe FV L - � ol. �� -- P9. _ /,3. assigns of each of the parties hereto. Purchaser may not assign its rights under this Contract to any person or entity (other than an entity formed for the purpose of acquiring the Property in which Purchaser owns an equity interest, in which case no approval shall be required) without Seller's prior written consent. 12.3 Notice. Any notice, communication, request, reply or advice (collectively, "Notice ") provided for or permitted by this Contract to be made or accepted by either party must be in writing. Notice may, unless otherwise provided herein, be given or served by depositing the same in the United States mail, postage paid, registered or certified, and addressed to the party to be notified, with return receipt requested or by delivering the same to such party, or an agent of such party, or by delivering the same to such party via facsimile providing confirmation of delivery. Notice deposited in the mail in the manner hereinabove described shall be effective three (3) business days following such deposit. Notice given in any other manner shall be effective only if and when received by the party to be notified between the hours of 8:00 AM. and 5:00 PM of any business day with delivery made after such hours to be deemed received the following business day. For the purposes of notice, the addresses of the parties shall, until changed as hereinafter provided, be as follows: Purchaser: Brazos County Attn: County Judge 200 South Texas Ave., Suite 332 Bryan, Texas 77803 (979) 361 -4101 with copy to: Brazos County Attorney's Office 200 South Texas Ave., Suite 329 Bryan, Texas 77803 979 361 -0300 Seller: Larry West Repair Service, Inc. Attn: Larry West 12722 Copperhead Road Bryan, Texas 77808 with copy to: Trey Malechek The Payne Law Group 3850 Corporate Center Drive Bryan, Texas 77802 The parties hereto shall have the right from time to time to change their respective addresses, and each shall have the right to specify as its address any other address within the United States of America by at least five (5) days written notice to the other party. 12.4 Time. Time is of the essence in all things pertaining to the performance of this Contract. 12.5 Governing Law. This Contract shall be construed in accordance with the laws of the State where the Land is situated. 12.6 Currency. All dollar amounts are expressed in United States currency. 12.7 Section Headings. The section headings contained in this Contract are for convenience only and shall in no way enlarge or limit the scope or meaning of the various and several sections hereof. 12.8 Survival of Obligations. To the extent necessary to carry out the terms and provisions hereof, unless otherwise provided herein, the terms, conditions, warranties, representations, obligations and Improved Property Contract of Sale Page 11 of 17 C:1 Users\ Ion' AppDatalLocaRMiuosottlWindowstT "R rarnInternet Filial Conwn Larry West Repair Se oe Improved Property Contract FINAL.doc I `�' l f �- P9• 1,75Z-1 rights set forth herein shall not be deemed terminated at the time of Closing, nor will they merge into the various documents executed and delivered at the time of Closing. 12.9 Business Days. In the event that any date or any period provided for in this Contract shall end on a Saturday, Sunday or legal holiday, the applicable date or period shall be extended to the first business day following such Saturday, Sunday or legal holiday. 12.10 No Recordation. Without the prior written consent of both the Seller and Purchaser, there shall be no recordation of either this Contract or any memorandum hereof, or any affidavit pertaining hereto, and any such recordation of this Contract without the prior written consent of both Seller and Purchaser shall constitute a default hereunder by breaching party, whereupon this Contract shall, at the option of non - offending party, terminate and be of no further force and effect and all Earnest Money deposited hereunder shall be immediately delivered to the non - offending party, whereupon the parties shall have no further duties or obligations one to the other. ARTICLE 13. REAL ESTATE COMMISSIONS: ABSTRACT OF PROPERTY Commissions. Seller and Purchaser each hereby severally represents to the other party hereto that it has not contacted any agent, broker or other similar party with respect to the transactions contemplated by this Contract. ARTICLE 14. DEFINITIONS As used in this Contract, the following terms shall have the respective meanings ascribed to them 14.1 Applicable Laws shall mean any and all presently existing and future judicial decisions, statutes, rulings, rules, regulations, permits, certificates or ordinances of any Governmental Authority applicable to the Property. 14.2 Effective Date shall mean the date on which a fully executed copy of this Contract is deposited at the Title Company, as evidenced by the signature of the Title Company on the Joinder attached hereto. The execution hereof by Purchaser shall constitute an offer by Purchaser to Seller to purchase the Property on the terms and conditions herein stated, which must be accepted by Seller on or before 5:00 P.M., local time in Bryan. Texas, on by the execution hereof by Seller and the delivery to Purchaser of at least one copy of same properly executed. Governmental Authority shall mean the United States, the state, the county, the city, or any other political subdivision in which the Property is located, and any other political subdivision, agency or instrumentality exercising jurisdiction over the Property. 14.3 Hazardous Material shall mean any substance a. The presence of which requires investigation or remediation under any statute, regulation, ordinance, order or policy of a Governmental Authority; or b. Which is defined as a "hazardous waste," "hazardous substance," pollutant, or contaminant under any federal, state, or local statute, regulation, rule, or ordinance or amendments thereto including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. § 9601 et seq.) and/or the Resource Conservation and Recovery Act (42 U.S.C. § 6901 of seq.). Improved Property Contract of Sale Page 12 of 17 C: 1Usersllor\ AppOataTocal NMicrosoftlWindows\Temporarry Internet Files \Content.0000ODWPJP6E5\Larry West Repair Service Improved Property Contract FINAL.doc ! L 1 /%� Pq._ IN WITNESS WHEREOF, this Contract has been duly executed in multiple counterparts (each of which is to be deemed original for all purposes) by the parties hereto. [SIGNATURES TO FOLLOW ON NEXT PAGE] Improved Property Contract of Sale Page 13 of 17 CiUsers\ Iori\ AppData \LocalMicrosoft \Windows\Temporary Internet Files \ContenLOutlook\DWPJP6E6 \Larry West Repair Service Improved Property Contract FINAL.doc - -- -- -- l9�_ pg. SELLER: Larry West Repair Service, Inc., a Texas corporation '' )) By: 1'/ Name: Title. i PURCHASER: Bra bCoun Political Subdiv n of the Sts By: Duane Peters, Brazos County Judge Improved Property Contract of Sale Page 14 of 17 C:\ Users\loriVAppData \LocalWicrosott\Windows \Temporary Internet Files lContent.Outlook\DWPJP6E5LLarry West Repair Service Improved Property Contract FINAL.doc - - -- -- / 1 /, 9� P9• / 77 kv JOINDER BY TITLE COMPANY The undersigned, referred to in the foregoing Contract as the 'Title Company," hereby acknowledges receipt of a fully executed copy (or executed counterparts) of the foregoing Contract on this day of 2013, and accepts the obligations of the Title Company as set forth therein, and certifies that it has this day executed all of the same and transmitted one (1) fully executed copy (or copy with counterpart execution pages) of the Contract to both the Seller and Purchaser, at their respective notice addresses as set forth in the Contract. Upon receipt, the Title Company hereby agrees to hold the Earnest Money as directed in this Contract and to distribute the Earnest Money in accordance with the terms and provisions of the Contract subject to receipt letter attached. Improved Property Contract of Sale C:\UsersUortAppData \Local\Mi crosoR\Wind< Improved Property Contract FINAL.doc By: Page 15 of 17 Internet FileslContent.Outlook\DWPJP6E5 \Larry West Repair Service Vol. l X�,_ p9. 17f EXHIBIT "A" Description of Land Being all that certain tract or parcel of land being situated in the ISIAH CURD LEAGUE, Abstract No. 11, Brazos County, Texas, and being part of the (called 75.17 acres) 75.103 acre tract conveyed to Bobby Holliday by Kim E. Batson, et ux by Deed recorded in Volume 333, page 804, Deed Records of Brazos County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at an iron rod set in the common line between the beforementioned 75.103 acre parent tract and the Mary K. Fridel 208 acre tract (Volume 213, page 184, D.R.B.C.), a 46" Post Oak marked "X" bears: N 370 29' E, a distance of 35.52 feet for witness, said iron rod located S 45,248 00' 42" W, a distance of 1,233.56 feet from a tall 10" cedar post fence corner marking the east corner of parent tract; THENCE S 45° 00'42" W continuing along said line for a distance of 289.11 feet to an iron rod for corner; THENCE N 45° 00' 00" W across parent tract along the northeast line of a 10.00 acre subdivision Tract No. 2 for a distance of 1,529.33 feet to an iron rod for corner, THENCE N 50° 00' 00" E parallel to and 73.49 feet form the northwest line of parent tract for a distance of 290.21 feet to an iron rod for corner; THENCE S 450 00'00" E along the southwest line of 10.00 acre subdivision Tract No. 4 (at 1,055.52 feet pass an iron rod marking its south comer) for a total distance of 1,494.09 feet to the PLACE OF BEGINNING, containing 10.00 acres of land, more or less, and being the same property described as Tract One in Deed from Larry H. West d/b/a West Repair Service to Larry West Repair Service, Inc., dated May 20, 2004, recorded in Volume 6055, page 237, Official Records of Brazos County, Texas. Improved Property Contract of Sale Page 16 of 17 C:4UserstlO iAppOatalouNAicrosoRlWindowslTemporary Internet Files \Content.OutlookXMNPJP6E5LLarry West Repalr Seryice Improved Property Contract FINAL.doc W/ L EXHIBIT B Special Warranty Deed Improved Property Contract of Sale Page 17 of 17 C:\ Users\ IonNppDatalLocakMicrosoftlWindowstiemporary Internet Files %Content.OutlookUWPJP6E5"rry West Repair Servipe Improved Property Contract FINAL.doC Fl. l %4' pg. �� c NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVERS LICENSE NUMBER. Date: SPECIAL WARRANTY DEED 2013 Grantor: LARRY WEST REPAIR SERVICE, INC., a Texas corporation Grantor's Mailing Address: 12722 Copperhead Road Bryan, Texas 77808 Grantee: BRAZOS COUNTY, a Political Subdivision of the State of Texas Grantee's Mailing Address: 200 South Texas Avenue, Suite 332 Bryan, Texas 77803 Consideration: In and for the sum of Ten and No/100 ($10.00) Dollars, and other good and valuable consideration, the receipt of which is hereby acknowledged. Property (including any improvements): See attached Exhibit "A ", incorporated herein for all purposes. GRANTEE ACKNOWLEDGES AND AGREES THAT (A) GRANTEE HAS NOT RELIED UPON ANY ADVICE OR REPRESENTATIONS BY GRANTOR OR ANY AGENT OR EMPLOYEE OF GRANTOR RELATIVE TO SOILS OR SUBSURFACE. CONDITIONS, INCLUDING PRESENCE OF RADON GAS ON THE PROPERTY; (B) GRANTEE SHALL CAUSE SUCH INDEPENDENT EXAMINATIONS OF THE PROPERTY AS GRANTEE DEEMS NECESSARY AND SHALL MAKE ITS OWN FULL EXAMINATION AND DETERMINATION OF THE CONDITION OF THE PROPERTY, SPECIFICALLY INCLUDING THE ENVIRONMENTAL AND GEO- TECHNICAL CONDITION AND THE SUITABILITY THEREOF; (C)TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PROPERTY IS CONVEYED TO GRANTEE AS 1S, WHERE IS AND WITH ALL FAULTS; AND (D) GRANTOR HAS NOT MADE AND DOES NOT MAKE ANY REPRESENTATIONS AS TO THE PHYSICAL CONDITION, OR ANY OTHER MATTERS AFFECTING OR RELATING TO THE PROPERTY (OTHER THAN WARRANTIES OF TITLE AS PROVIDED AND LIMITED HEREIN); AND GRANTOR EXPRESSLY DISCLAIMS, AND GRANTEE ACKNOWLEDGES AND ACCEPTS THAT GRANTOR HAS DISCLAIMED, ANY AND ALL REPRESENTATIONS, WARRANTIES OR GUARANTIES, OF ANY KIND, ORAL OR WRITTEN, EXPRESS OR IMPLIED (OTHER THAN WARRANTIES OF TITLE AS PROVIDED AND LIMITED HEREIN) WITH RESPECT TO THE PROPERTY, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OR REPRESENTATIONS WITH RESPECT TO (1) THE VALUE, CONDITION, MERCHANTABILITY, HABITABILITY, MARKET - ABILITY, PROFITABILITY, SUITABILITY OR FITNESS OF THE PROPERTY FOR A PARTICULAR PURPOSE. OR USE, (II) THE MANNER OR QUALITY OF THE CONSTRUCTION OR MATERIALS, IF ANY, INCORPORATED INTO ANY IMPROVEMENTS ON THE PROPERTY HEREIN CONVEYED, (UP THE MANNER OF REPAIR, QUALITY, STATE OF REPAIR, OR LACK OF REPAIR OF ANY SUCH IMPROVEMENTS, OR (PV) THE AVAILABILITY OR NONAVAILABH.ITY OF BUILDING PERMITS. Reservations from Conveyance: None. Exceptions to Conveyance and Warranty: THE PERMITTED EXCEPTIONS ON THE TITLE COMMITMENT C:\U36RSV'aYl l} IMI' 1' OATAILOCAI .UIMR090PnWIN00W3 \'ILMYORANY INIVNN81 'P1189\CONITNT.OIITI1fOKUli PMMWANMN'IY DEEDSPDCIAL000R Fl.R1 u63 Vol. Pg. / 8�� Any prior reservation of oil, gas and other minerals in, on or under the herein described property by Grantor's predecessors in title together with any leases pertaining to such interest Grantor, for the Consideration and subject to the Reservations from Conveyance and Exceptions to Conveyance and Warranty contained herein, grants, sells, and conveys to Grantee the Property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and to hold unto Grantee, Grantee's heirs, executors, administrators, successors, or assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators, successors, and assigns to warrant and forever defend all and singular the Property unto Grantee and Grantee's heirs, executors, administrators, successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof when the claim is by, through, or under Grantor but not otherwise, except as to the Reservations from Conveyance and Exceptions to Conveyance and Warranty contained herein. When the context requires, singular nouns and pronouns include the plural. GRANTOR: LARRY WEST REPAIR SERVICES, INC., a Texas corporation By: Name: Title: GRANTEE: BRAZOS COUNTY, a Political Subdivision of the State of Texas By: Duane Peters, Brazos County Judge STATE OF TEXAS COUNTY OF BRAZOS This instrument was acknowledged before me on the day of , 2013 by of LARRY WEST REPAIR SERVICES, INC., a Texas corporation, on behalf of said entity. Notary Public, State of Texas My Commission Expires: C:WSERSV'EYIUI8NPYDATA \W ALWICIt Will WINMWS"lM MRYMTFRNM FILUTONt'ENT.OMWGKW8 ".MNWARUA DRRDSPECIALDDCX HMr2Mr STATE OF TEXAS COUNTY OF BRAZOS This instrument was acknowledged before me on the day of 2013 by Duane Peters, Brazos County Judge ofBRAZOS COUNTY, a Political Subdivision of the State of Texas. Notary Public, State of Texas My Commission Expires: MSCR$kr IUIUMPYOA'rAU AI.WICROS MWNWWSRII.IIYRiARY IM' I: YNR I' flLYNYN ]MIISMI'pIIYLL%KUIMIYY)FFlWARMNIY afa VWIAl-OOCR nax 3 W 3 pg. / l3 EXHIBIT "A" (This page must be replaced by the metes and bounds legal description of the subject property) MSERSIFEYI 131"PDA'IALLO LNOCROSOYMWINMWS\ TMPORARY INTGRNIT PILESCON'TUNTOVnOOKWSOM MWANRANT' DEED SPECIALDOCX rtt CWa Vol.__ /%lo Pq %�� A -1 FIRE & SECURITY 15 P. O. BOX 7654 * WACO; TEXAS 76714 - * (254) 776 -8887 CONTRACTUAL AGREEMENT Date: 1110/2014 Attachment Between Alarm Center, Inc. and BRAZOS CTY I.T. INFORMATION' Physical /Billing Address 205 Phone: Fa Purchase Lease Maintenance Agreement X Monitoring Agreement Installation Fee X Other Monthly Lease Fee Monthly Monitoring Fee Down payment Other BILLING: B Acct. # Rec. System to Consist of: FIRE ALARM MONITORING OWNER FURNISHED EQUIPMENT Purchase Price $32.50 Installation Fee Applicable taxes to be added !OS CTY BUILDING MAINTENANCE. 206 N. WASHINGI TERM: The initial length of this contract is for 12 months beginning on the above date and this contract will automatically renew on the annuity date for periods of 0 year terms thereafter and continue to renew for 0 year periods unless either party shall notify the other, in writing, of its intention to terminate no less than thirty (30) days prior to expiration of each subsequent renewal period. Add applicable taxes to all prices. TERMS AND CONDITIONS APPLYING TO MONITORING SERVICES 1. AGREEMENT: Alarm Center, Inc. and the customer have entered into an Agreement wherein and whereby Alarm Center, Inc. will provide alarm monitoring services for the customer. The customer and Alarm Center, Inc. agree that Alarm Center, Inc. sole and only obligation under this agreement shall be to monitor signals received from the alarm equipment or system and to respond thereto upon the receipt of a signal from the customer's premises, shall make every reasonable effort to transmit notification of the alarm promptly to the police, fire or other authorities and /or the person or persons whose names and telephone numbers are set forth in the "Responsive Party Data" unless there is Just cause to assume that an emergency condition does not exist. 2. USE OF ALARM: The customer shall carefully and properly set the alarm system at the time the premises are secured or all functions are set to the normal status. The customer shall carefully and property test the alarm equipment or system at least once each month and shall immediately report in writing to Alarm Center, Inc. any claimed inadequacy in or failure of the alarm equipment. 3. TERMINATION: This agreement shall continue for as long as customer contracts with Alarm Center, Inc. for the performance monitoring services. In the event that the customer fails or refuses to make payment for services furnished or to be furnished, Alarm Center, Inc. will give customer at least thirty (30) days notice of termination of such services and upon giving such notice, this agreement and all of Alarm Center, Inc. responsibilities thereunder shall come to an end as of the date fixed in such notice was the term fixed In the agreement between Alarm Center, Inc. and the customer, also this agreement may be suspended, at Alarm Center Inc. option, should the customer's alarm equipment become so substantially damaged that further service Is impractical. 4. LIABILITY: Alarm Center, Inc. shall not be liable for any loss or damage caused by defects or deficiencies in the alarm equipment or system, nor shall Alarm Center, Inc. Incur any liability for delay in response time or non - response of police, fire or other authorities, institutions or Individuals notified by Aiarm Center, Inc.. 5. INTERRUPTION OF COMMUNICATION: Alarm Center, Inc. shall not be obligated to perform any monitoring service thereunder during any time when the customers telephone service shall not be working since signals to Alarm Center, Inc. are received solely by means of telephone communication, unless stated otherwise in writing. Alarm Center assumes no liability for interruption of services due to strike, war /riots, floods, fire, wind, snow, natural causes or any other cause beyond control of Alarm Center, Inc. including interruption in the electrical utility service. Alarm Center will not be required to supply service to the customer while interruption of service due to any such cause shall prevail or continue. Where radio or other type of wireless equipment is used as a means of alarm transmission, Alarm Center, Inc. shall likewise not be obligated to perform monitoring services when the radio reception or wireless service is hindered by manmade or natural static causes or by a natural phenomena, sunspot activity or solar winds. 6. TESTING OF YOUR ALARM SYSTEM: Alarm Center, Inc. shall not be obligated to lest your systems phone lines for functionality (unless otherwise stated). It is recommended that you test your system weekly for communication signals to our central station as well as functions of the panel and its equipment. V 07 GENERAL TERMS AND CONDITIONS 1. REPAIRS SERVICE: Repairs service pursuant to this Agreement will be furnished by Alarm Center, Inc. during its normal working hours, Monday through Friday except holidays. Alarm Center, Inc. shall have full and free access to the equipment to perform repairs service thereon. Alarm Center, Inc. shall not be responsible for failure to render service due to cause beyond its control. Repairs services rendered outside the normal working hours of Alarm Center are not within the scope of Alarm Center, Inc. responsibility, however repairs service for holidays and off work hours may be provided if a mutual agreement is entered between customer and Alarm Center, Inc.. 2. LIMITED OF LIABILITY: It is agreed that Alarm Center, Inc. is not an insurer and that the payments herein before named are based solely upon the value of the services herein described and it is not the intention of the parties that Alarm Center, Inc. assume responsibility for any loss occasioned by malfeasance or misfeasance in the performance of the services under this contract or for any loss or damage sustained through burglary, theft, robbery, fire or other cause any liability on the part of Alarm Center, Inc. by virtue of this agreement or because of the relation hereby established, If there shall not withstanding the above provisions at any time be or arise any liability on the part of Alarm Center Security by virtue of this Agreement or because of the relation hereby established whether due to the negligence of Alarm Center or otherwise such liability is and shall be limited to a sum equal in the amount to the service charge hereunder for a period not to exceed six months which sum shall be paid and received as liquidated damages. Such liability as herein set forth is fixed as liquidated damages are not as a penalty and this liability shall be complete and exclusive. That in the event Subscriber desires Alarm Center, Inc. to assume greater liability for the performance of its services hereunder a choice is hereby given of obtaining full or limited liability by paying an additional amount under a graduated scaled of rates proportioned to the responsibility setting forth the additional liability of Company and additional charge and rider and additional obligation shall in no way be interpreted to hold company as an insurer. IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS 1. ASSIGNMENT: This agreement may be sold, transferred and assigned by Alarm Center, Inc. without restriction. Customer has no right to assign sublease or transfer his rights herein without written consent of Alarm Center, Inc.. 2. APPROVAL This agreement is not binding unless approved by an officer and /or duly appointed representative of Alarm Center, Inc. in the event of failure of approval as aforesaid the only liability of Alarm Center, Inc. shall be to return to the customer the amount if any paid to Alarm Center, Inc. upon the signing of this agreement. 3. CHANGES TO AGREEMENT: This constitutes the entire agreement between the customer and Alarm Center, Inc. and no representation or statement not contained in the agreement shall be binding upon Alarm Center, Inc. as a warranty or otherwise. The terms of this conditions of this agreement shall prevail not withstanding any variance with the terms and conditions of any order submitted by the customer. 4. SERVICE OF ALARMS NOT ORIGINALLY INSTALLED BY Alarm Center, Inc.: When requested by the customer to service or repair alarm equipment that was not originally installed by Alarm Center, Inc. then Alarm Center shall not be liable for the operation or non -operation of the alarm equipment or system. Equipment installed by Alarm Center, Inc. in the servicing repair or upgrade of the customer alarm equipment or system is not under any warranty because its satisfactory operation or non - operation can be affected by that customers alarm equipment or system. In this regard Alarm Center, Inc. makes no implied warranties including but not limited to the Implied Warranty of Merchantability or Fitness and the limits of liability under this paragraph shall be the same as above staled in Paragraph 2, Limit of Liability. YOUR RIGHT TO CANCEL You have a legal right under federal law to cancel this transaction without cost, within three (3) business days from the date that you approved this contract by signing in the appropriate space. I ACKNOWLEDGE BY MY SIGNATURE BELOW THAT I UNDERSTAND THE TYPE OF MONITORING SERVICE I AM PURCHASING. ALSO THE SALESPERSON, TECHNICIAN, OR OTHER REPRESENTATIVE HAS EXPLAINED THE FOLLOWING MEANS OF ALARM TRANSMISSION TO ME AND INDICATED BELOW THE TYPE OF TRANSMISSION COVERED BY TWS,AGREEMENT. DIRECT LINE/MULTIPLEry X STANDARD TELEPHONE LINE TRANSMISSION RADIO/CELLULAR BAC Zk P OTHER APPROVED BY CUSTOMER: APPROVED FOR ALARM CEI t. , J49 P A -1 FIRE & SECURITY P. 0. BOX 7654 * WACO- TEXAS 76714 * (254) 776 -8887 CONTRACTUAL AGREEMENT Date: 1117/2014 Attachment Between Alarm Center, Inc. and BRAZOS COUNTY EXPO CENTER - NORTH ARENA Physical /Billing Address 5827 LEONARD DR., BRYAN, TX 77803 Phone: Fax: Acct. # Rec. Purchase System to Consist of: Lease FIRE ALARM MONITORING Maintenance Agreement OWNER FURNISHED EQUIPMENT X Monitoring Agreement Installation Fee X Other Monthly Lease Fee Purchase Price Monthly Monitoring Fee $32.50 Installation Fee Down payment Applicable taxes to be added Other BILLING: BRAZOS CTY BUILDING MAINTENANCE, 206 N. WASHINGTON BRYAN, TX 77803 PHONE: 979 - 361 -4570 TERM: The initial length of this contract is for 12 months beginning on the above date and this contract will automatically renew on the annuity date for periods of 0 year terms thereafter and continue to renew for 0 year periods unless either party shall notify the other, in writing, of its intention to terminate no less than thirty (30) days prior to expiration of each subsequent renewal period. Add applicable taxes to all prices. TERMS AND CONDITIONS APPLYING TO MONITORING SERVICES 1. AGREEMENT: Alarm Center, Inc. and the customer have entered into an Agreement wherein and whereby Alarm Center, Inc. will provide alarm monitoring services for the customer. The customer and Alarm Center, Inc. agree that Alarm Center, Inc. sole and only obligation under this agreement shall be to monitor signals received from the alarm equipment or system and to respond thereto upon the receipt of a signal from the customer's premises, shall make every reasonable effort to transmit notification of the alarm promptly to the police, fire or other authorities and /or the person or persons whose names and telephone numbers are set forth in the "Responsive Party Data" unless there is just cause to assume that an emergency condition does not exist. 2. USE OF ALARM: The customer shall carefully and properly set the alarm system at the time the premises are secured or all functions are set to the normal status. The customer shall carefully and properly test the alarm equipment or system at least once each month and shall immediately report In writing to Alarm Center, Inc. any claimed inadequacy in or failure of the alarm equipment. 3. TERMINATION: This agreement shall continue for as long as customer contracts with Alarm Center, Inc. for the performance monitoring services. In the event that the customer fails or refuses to make payment for services furnished or to be furnished, Alarm Center, Inc. will give customer at least thirty (30) days notice of termination of such services and upon giving such notice, this agreement and all of Alarm Center, Inc. responsibilities thereunder shall come to an end as of the date fixed in such notice was the term fixed in the agreement between Alarm Center, Inc. and the customer, also this agreement may be suspended, at Alarm Center Inc. option, should the customer's alarm equipment become so substantially damaged that further service is impractical. 4. LIABILITY: Alarm Center, Inc. shall not be liable for any loss or damage caused by defects or deficiencies in the alarm equipment or system, nor shall Alarm Center, Inc. incur any liability for delay in response time or non- response of police, fire or other authorities, institutions or Individuals notified by Alarm Center, Inc.. 5. INTERRUPTION OF COMMUNICATION: Alarm Center, Inc. shall not be obligated to perform any monitoring service thereunder during any time when the customers telephone service shall not be working since signals to Alarm Center, Inc. are received solely by means of telephone communication, unless stated otherwise in writing. Alarm Center assumes no liability for interruption of services due to strike, war /riots, floods, fire, wind, snow, natural causes or any other cause beyond control of Alarm Center, Inc. including interruption in the electrical utility service. Alarm Center will not be required to supply service to the customer while interruption of service due to any such cause shall prevail or continue. Where radio or other type of wireless equipment is used as a means of alarm transmission, Alarm Center, Inc. shall likewise not be obligated to perform monitoring services when the radio reception or wireless service is hindered by manmade or natural static causes or by a natural phenomena, sunspot activity or solar winds. 6. TESTING OF YOUR ALARM SYSTEM: Alarm Center, Inc. shall not be obligated to test your systems phone lines for functionality (unless otherwise stated). It is recommended that you test your system weekly for communication signals to our central station as well as functions of the panel and its equipment. GENERAL TERMS AND CONDITIONS 1. REPAIRS SERVICE: Repairs service pursuant to this Agreement will be furnished by Alarm Center, Inc. during its normal working hours, Monday through Friday except holidays. Alarm Center, Inc. shall have full and free access to the equipment to perform repairs service thereon. Alarm Center, Inc. shall not be responsible for failure to render service due to cause beyond its control. Repairs services rendered outside the normal working hours of Alarm Center are not within the scope of Alarm Center, Inc. responsibility, however repairs service for holidays and off work hours may be provided if a mutual agreement is entered between customer and Alarm Center, Inc.. 2. LIMITED OF LIABILITY: It is agreed that Alarm Center, Inc. is not an insurer and that the payments herein before named are based solely upon the value of the services herein described and it is not the intention of the parties that Alarm Center, Inc. assume responsibility for any loss occasioned by malfeasance or misfeasance in the performance of the services under this contract or for any loss or damage sustained through burglary, theft, robbery, fire or other cause i any liability on the part of Alarm Center, Inc. by virtue of this agreement or because of the relation hereby established. If there shall not withstanding the above provisions at any time be or arise any liability on the part of Alarm Center Security by virtue of this Agreement or because of the relation hereby established whether due to the negligence of Alarm Center or otherwise such liability is and shall be limited to a sum equal in the amount to the service charge hereunder for a period not to exceed six months which sum shall be paid and received as liquidated damages. Such liability as herein set forth is fixed as liquidated damages are not as a penalty and this liability shall be complete and exclusive. That in the event Subscriber desires Alarm Center, Inc. to assume greater liability for the performance of its services hereunder a choice is hereby given of obtaining full or limited liability by paying an additional amount under a graduated scaled of rates proportioned to the responsibility setting forth the additional liability of Company and additional charge and rider and additional obligation shall in no way be interpreted to hold company as an insurer. IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS 1. ASSIGNMENT: This agreement may be sold, transferred and assigned by Alarm Center, Inc. without restriction. Customer has no right to assign sublease or transfer his rights herein without written consent of Alarm Center, Inc.. 2. APPROVAL: This agreement is not binding unless approved by an officer and/or duly appointed representative of Alarm Center, Inc. in the event of failure of approval as aforesaid the only liability of Alarm Center, Inc. shall be to return to the customer the amount if any paid to Alarm Center, Inc. upon the signing of this agreement. 3. CHANGES TO AGREEMENT: This constitutes the entire agreement between the customer and Alarm Center, Inc. and no representation or statement not contained in the agreement shall be binding upon Alarm Center, Inc. as a warranty or otherwise. The terms of this conditions of this agreement shall prevail not withstanding any variance with the terms and conditions of any order submitted by the customer. 4. SERVICE OF ALARMS NOT ORIGINALLY INSTALLED BY Alarm Center, Inc.: When requested by the customer to service or repair alarm equipment that was not originally installed by Alarm Center, Inc. then Alarm Center shall not be liable for the operation or non - operation of the alarm equipment or system. Equipment installed by Alarm Center, Inc. In the servicing repair or upgrade of the customer alarm equipment or system is not under any warranty because its satisfactory operation or non - operation can be affected by that customers alarm equipment or system. In this regard Alarm Center, Inc. makes no implied warranties including but not limited to the Implied Warranty of Merchantability or Fitness and the limits of liability under this paragraph shall be the same as above stated in Paragraph 2, Limit of Liability. YOUR RIGHT TO CANCEL You have a legal right under federal law to cancel this transaction without cost, within three (3) business days from the dale that you approved this contract by signing in the appropriate space. I ACKNOWLEDGE BY MY SIGNATURE BELOW THAT I UNDERSTAND THE TYPE OF MONITORING SERVICE I AM PURCHASING. ALSO THE SALESPERSON, TECHNICIAN, OR OTHER REPRESENTATIVE HAS EXPLAINED THE FOLLOWING MEANS OF ALARM TRANSMISSION TO ME AND INDICATED BELOW THE TYPE OF TRANSMISSION COVERED BY T EEMENT. DIRECT LINE /MULTIPLE % S MNDARD TELEPHONE LINE TRANSMISSION RADIO /CELLULAR APPROVED BY CUSTOMER: APPROVED FOR ALARM CENTER, A -1 FIRE & SECURITY P.-O.- BOX 7654 --- *-- WACO; TEXAS 76714 * (254) 776=8887 CONTRACTUAL AGREEMENT Date: 1/17/2014 Attachment Between Alarm Center, Inc. and BRAZOS COUNTY EXPO CENTER Physical /Billing Address 5827 LEONARD DR., BRYAN, TX 77803 Phone: Fax: Purchase Lease Maintenance Agreement X Monitoring Agreement Installation Fee X Other Monthly Lease Fee Monthly Monitoring Fee $32.50 Down payment Other BILLING: BRAZOS CTY BUILDING MAIN Acct. # System to Consist of: FIRE ALARM MONITORING OWNER FURNISHED EQUIPMENT Purchase Price Installation Fee Applicable taxes to be added NANCE. 206 N. WASHINGTON TERM: The initial length of this contract is for 12 months beginning on the above date and this contract will automatically renew on the annuity date for periods of 0 year terms thereafter and continue to renew for 0 year periods unless either party shall notify the other, In writing, of its intention to terminate no less than thirty (30) days prior to expiration of each subsequent renewal period. Add applicable taxes to all prices. TERMS AND CONDITIONS APPLYING TO MONITORING SERVICES 1. AGREEMENT: Alarm Center, Inc. and the customer have entered into an Agreement wherein and whereby Alarm Center, Inc. will provide alarm monitoring services for the customer. The customer and Alarm Center, Inc. agree that Alarm Center, Inc. sole and only obligation under this agreement shall be to monitor signals received from the alarm equipment or system and to respond thereto upon the receipt of a signal from the customer's premises, shall make every reasonable effort to transmit notification of the alarm promptly to the police, fire or other authorities and /or the person or persons whose names and telephone numbers are set forth in the "Responsive Party Data" unless there is just cause to assume that an emergency condition does not exist. 2. USE OF ALARM: The customer shall carefully and properly set the alarm system at the time the premises are secured or all functions are set to the normal status. The customer shall carefully and properly test the alarm equipment or system at least once each month and shall immediately report in writing to Alarm Center, Inc. any claimed inadequacy in or failure of the alarm equipment. 3. TERMINATION: This agreement shall continue for as long as customer contracts with Alarm Center, Inc. for the performance monitoring services. In the event that the customer fails or refuses to make payment for services furnished or to be furnished, Alarm Center, Inc. will give customer at least thirty (30) days notice of termination of such services and upon giving such notice, this agreement and all of Alarm Center, Inc. responsibilities thereunder shall come to an end as of the date fixed in such notice was the term fixed in the agreement between Alarm Center, Inc. and the customer, also this agreement may be suspended, at Alarm Center Inc. option, should the customer's alarm equipment become so substantially damaged that further service is Impractical. 4. LIABILITY: Alarm Center, Inc. shall not be liable for any loss or damage caused by defects or deficiencies in the alarm equipment or system, nor shall Alarm Center, Inc. incur any liability for delay in response time or non - response of police, fire or other authorities, institutions or individuals notified by Alarm Center, Inc.. 5. INTERRUPTION OF COMMUNICATION: Alarm Center, Inc. shall not be obligated to perform any monitoring service thereunder during any time when the customers telephone service shall not be working since signals to Alarm Center, Inc. are received solely by means of telephone communication, unless stated otherwise in writing. Alarm Center assumes no liability for interruption of services due to strike, war /riots, floods, fire, wind, snow, natural causes or any other cause beyond control of Alarm Center, Inc. including interruption in the electrical utility service. Alarm Center will not be required to supply service to the customer while interruption of service due to any such cause shall prevail or continue. Where radio or other type of wireless equipment is used as a means of alarm transmission, Alarm Center, Inc. shall likewise not be obligated to perform monitoring services when the radio reception or wireless service is hindered by manmade or natural static causes or by a natural phenomena, sunspot activity or solar winds. 6. TESTING OF YOUR ALARM SYSTEM: Alarm Center, Inc. shall not be obligated to test your systems phone lines for functionality (unless otherwise stated). It is recommended that you test your system weekly for communication signals to our central station as well as functions of the panel and its equipment. /� P Vo z / GENERAL TERMS AND CONDITIONS 1. REPAIRS - SERVICE: Repairs_ service . pursuant to this Agreem_ ent will be furnished by Alarm Center, Inc. during its normal working hours, Monday through Friday except holidays. Alarm Center, Inc. shall have full and free access to the equipment to perform repairs service thereon. Alarm Center, Inc. shall not be responsible for failure to render service due to cause beyond its control. Repairs services rendered outside the normal working hours of Alarm Center are not within the scope of Alarm Center, Inc. responsibility, however repairs service for holidays and off work hours may be provided if a mutual agreement is entered between customer and Alarm Center, Inc.. 2. LIMITED OF LIABILITY: It is agreed that Alarm Center, Inc. is not an insurer and that the payments herein before named are based solely upon the value of the services herein described and it is not the intention of the parties that Alarm Center, Inc. assume responsibility for any loss occasioned by malfeasance or misfeasance in the performance of the services under this contract or for any loss or damage sustained through burglary, theft, robbery, fire or other cause i any liability on the part of Alarm Center, Inc. by virtue of this agreement or because of the relation hereby established. If there shall not withstanding the above provisions at any time be or arise any liability on the part of Alarm Center Security by virtue of this Agreement or because of the relation hereby established whether due to the negligence of Alarm Center or otherwise such liability is and shall be limited to a sum equal in the amount to the service charge hereunder for a period not to exceed six months which sum shall be paid and received as liquidated damages. Such liability as herein set forth is fixed as liquidated damages are not as a penalty and this liability shall be complete and exclusive. That in the event Subscriber desires Alarm Center, Inc. to assume greater liability for the performance of its services hereunder a choice Is hereby given of obtaining full or limited liability by paying an additional amount under a graduated scaled of rates proportioned to the responsibility setting forth the additional liability of Company and additional charge and rider and additional obligation shall in no way be interpreted to hold company as an insurer. IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS 1. ASSIGNMENT: This agreement may be sold, transferred and assigned by Alarm Center, Inc. without restriction. Customer has no right to assign sublease or transfer his rights herein without written consent of Alarm Center, Inc.. 2. APPROVAL: This agreement is not binding unless approved by an officer and /or duly appointed representative of Alarm Center, Inc. in the event of failure of approval as aforesaid the only liability of Alarm Center, Inc. shall be to return to the customer the amount if any paid to Alarm Center, Inc. upon the signing of this agreement. 3. CHANGES TO AGREEMENT: This constitutes the entire agreement between the customer and Alarm Center, Inc. and no representation or statement not contained in the agreement shall be binding upon Alarm Center, Inc. as a warranty or otherwise. The terms of this conditions of this agreement shall prevail not withstanding any variance with the terms and conditions of any order submitted by the customer. 4. SERVICE OF ALARMS NOT ORIGINALLY INSTALLED BY Alarm Center, Inc.: When requested by the customer to service or repair alarm equipment that was not originally installed by Alarm Center, Inc. then Alarm Center shall not be liable for the operation or non - operation of the alarm equipment or system. Equipment installed by Alarm Center, Inc. in the servicing repair or upgrade of the customer alarm equipment or system is not under any warranty because its satisfactory operation or non - operation can be affected by that customers alarm equipment or system. In this regard Alarm Center, Inc. makes no implied warranties including but not limited to the Implied Warranty of Merchantability or Fitness and the limits of liability under this paragraph shall be the same as above stated in Paragraph 2, Limit of Liability. YOUR RIGHT TO CANCEL You have a legal right under federal law to cancel this transaction without cost, within three (3) business days from the date that you approved this contract by signing in the appropriate space. 1 ACKNOWLEDGE BY MY SIGNATURE BELOW THAT I UNDERSTAND THE TYPE OF MONITORING SERVICE I AM PURCHASING. ALSO THE SALESPERSON, TECHNICIAN, OR OTHER REPRESENTATIVE HAS EXPLAINED THE FOLLOWING MEANS OF ALARM TRANSMISSION TO ME AND INDICATED BELOW THE TYPE OF TRANSMISSION COVERED BY Tp14liAeGREEMENT. DIRECT LINE /MUL RADIO /CELLULAR APPROVED BY CUSTOMER: APPROVED FOR ALARM CEI TELEPHONE LINE TRANSMISSION �6 Pg. % J� A -1 FIRE & SECURITY P O: BOX 7654 * WACO, TEXAS 76714 * (254) 776 -8887 CONTRACTUAL AGREEMENT Date: 1/17/2014 Attachment Between Alarm Center, Inc. and BRAZOS COUNTY SHERIFFS DEPT Physical /Billing Address 1700 HWY 21 WEST, BRYAN, TX 77803 Phone: Fax: Acct. # 3853 Rec. 2 Purchase System to Consist of: Lease FIRE ALARM MONITORING Maintenance Agreement OWNER FURNISHED EQUIPMENT X Monitoring Agreement Installation Fee x Other Monthly Lease Fee Monthly Monitoring Fee Down payment Other BILLING: B BRYAN, TX 77803 Purchase Price $32.50 Installation Fee Applicable taxes to be added VCE, 206 N. WASHINGTON TERM: The initial length of this contract is for 12 months beginning on the above date and this contract will automatically renew on the annuity date for periods of 0 year terms thereafter and continue to renew for 0 year periods unless either party shall notify the other, in writing, of its intention to terminate no less than thirty (30) days prior to expiration of each subsequent renewal period. Add applicable taxes to all prices. TERMS AND CONDITIONS APPLYING TO MONITORING SERVICES 1. AGREEMENT: Alarm Center, Inc. and the customer have entered Into an Agreement wherein and whereby Alarm Center, Inc. will provide alarm monitoring services for the customer. The customer and Alarm Center, Inc. agree that Alarm Center, Inc. sole and only obligation under this agreement shall be to monitor signals received from the alarm equipment or system and to respond thereto upon the receipt of a signal from the customer's premises, shall make every reasonable effort to transmit notification of the alarm promptly to the police, fire or other authorities and /or the person or persons whose names and telephone numbers are set forth in the "Responsive Party Data" unless there is just cause to assume that an emergency condition does not exist. 2. USE OF ALARM: The customer shall carefully and properly set the alarm system at the time the premises are secured or all functions are set to the normal status. The customer shall carefully and properly test the alarm equipment or system at least once each month and shall immediately report in writing to Alarm Center, Inc. any claimed inadequacy in or failure of the alarm equipment. 3. TERMINATION: This agreement shall continue for as long as customer contracts with Alarm Center, Inc. for the performance monitoring services. In the event that the customer fails or refuses to make payment for services furnished or to be furnished, Alarm Center, Inc. will give customer at least thirty (30) days notice of termination of such services and upon giving such notice, this agreement and all of Alarm Center, Inc. responsibilities thereunder shall come to an end as of the date fixed In such notice was the term fixed in the agreement between Alarm Center, Inc. and the customer, also this agreement may be suspended, at Alarm Center Inc. option, should the customer's alarm equipment become so substantially damaged that further service Is impractical. 4. LIABILITY: Alarm Center, Inc. shall not be liable for any loss or damage caused by defects or deficiencies in the alarm equipment or system, nor shall Alarm Center, Inc. Incur any liability for delay in response time or non - response of police, fire or other authorities, institutions or individuals notified by Alarm Center, Inc.. 5. INTERRUPTION OF COMMUNICATION: Alarm Center, Inc. shall not be obligated to perform any monitoring service thereunder during any time when the customers telephone service shall not be working since signals to Alarm Center, Inc. are received solely by means of telephone communication, unless stated otherwise in writing. Alarm Center assumes no liability for interruption of services due to strike, war /riots, floods, fire, wind, snow, natural causes or any other cause beyond control of Alarm Center, Inc. including Interruption in the electrical utility service. Alarm Center will not be required to supply service to the customer while interruption of service due to any such cause shall prevail or continue. Where radio or other type of wireless equipment is used as a means of alarm transmission, Alarm Center, Inc. shall likewise not be obligated to perform monitoring services when the radio reception or wireless service is hindered by manmade or natural static causes or by a natural phenomena, sunspot activity or solar winds. 6. TESTING OF YOUR ALARM SYSTEM: Alarm Center, Inc. shall not be obligated to test your systems phone lines for functionality (unless otherwise stated). It is recommended that you test your system weekly for communication signals to our central station as well as functions of the panel and its equipment. t"29 L GENERAL TERMS AND CONDITIONS 1. REPAIRS SERVICE: Repairs service pursuant to this Agreement will be furnished by Alarm Center, Inc. during its normal working hours, Monday through Friday except holidays. Alarm Center, Inc. shall have full and free access to the equipment to perform repairs service thereon. Alarm Center, Inc. shall not be responsible for failure to render service due to cause beyond its control. Repairs services rendered outside the normal working hours of Alarm Center are not within the scope of Alarm Center, Inc. responsibility, however repairs service for holidays and off work hours may be provided if a mutual agreement is entered between customer and Alarm Center, Inc.. 2. LIMITED OF LIABILITY: It is agreed that Alarm Center, Inc. is not an insurer and that the payments herein before named are based solely upon the value of the services herein described and it is not the intention of the parties that Alarm Center, Inc. assume responsibility for any loss occasioned by malfeasance or misfeasance in the performance of the services under this contract or for any loss or damage sustained through burglary, theft, robbery, fire or other cause i any liability on the part of Alarm Center, Inc. by virtue of this agreement or because of the relation hereby established. If there shall not withstanding the above provisions at any time be or arise any liability on the part of Alarm Center Security by virtue of this Agreement or because of the relation hereby established whether due to the negligence of Alarm Center or otherwise such liability is and shall be limited to a sum equal in the amount to the service charge hereunder for a period not to exceed six months which sum shall be paid and received as liquidated damages. Such liability as herein set forth is fixed as liquidated damages are not as a penalty and this liability shall be complete and exclusive. That in the event Subscriber desires Alarm Center, Inc. to assume greater liability for the performance of its services hereunder a choice is hereby given of obtaining full or limited liability by paying an additional amount under a graduated scaled of rates proportioned to the responsibility setting forth the additional liability of Company and additional charge and rider and additional obligation shall in no way be interpreted to hold company as an insurer. IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS 1. ASSIGNMENT: This agreement may be sold, transferred and assigned by Alarm Center, Inc. without restriction. Customer has no right to assign sublease or transfer his rights herein without written consent of Alarm Center, Inc.. 2. APPROVAL: This agreement is not binding unless approved by an officer and/or duly appointed representative of Alarm Center, Inc. in the event of failure of approval as aforesaid the only liability of Alarm Center, Inc. shall be to return to the customer the amount if any paid to Alarm Center, Inc. upon the signing of this agreement. 3. CHANGES TO AGREEMENT: This constitutes the entire agreement between the customer and Alarm Center, Inc. and no representation or statement not contained in the agreement shall be binding upon Alarm Center, Inc. as a warranty or otherwise. The terms of this conditions of this agreement shall prevail not withstanding any variance with the terms and conditions of any order submitted by the customer. 4. SERVICE OF ALARMS NOT ORIGINALLY INSTALLED BY Alarm Center, Inc.: When requested by the customer to service or repair alarm equipment that was not originally installed by Alarm Center, Inc. then Alarm Center shall not be liable for the operation or non - operation of the alarm equipment or system. Equipment installed by Alarm Center, Inc. in the servicing repair or upgrade of the customer alarm equipment or system is not under any warranty because its satisfactory operation or non-operation can be affected by that customers alarm equipment or system. In this regard Alarm Center, Inc. makes no implied warranties including but not limited to the Implied Warranty of Merchantability or Fitness and the limits of liability under this paragraph shall be the same as above stated in Paragraph 2, Limit of Liability. YOUR RIGHT TO CANCEL You have a legal right under federal law to cancel this transaction without cost, within three (3) business days from the date that you approved this contract by signing in the appropriate space. I ACKNOWLEDGE BY MY SIGNATURE BELOW THAT I UNDERSTAND THE TYPE OF MONITORING SERVICE I AM PURCHASING. ALSO THE SALESPERSON, TECHNICIAN, OR OTHER REPRESENTATIVE HAS EXPLAINED THE FOLLOWING MEANS OF ALARM TRANSMISSION TO ME AND INDICATED BELOW THE TYPE OF TRANSMISSION COVERED BY EEMENT. DIRECT LINE/MULTIPLF�XI \ X S DARD TELEPHONE LINE TRANSMISSION RADIO /CELLULAR BAC P O HER APPROVED BY CUSTOMER: APPROVED FOR ALARM CEI A -1 FIRE & SECURITY P. O. BOX 7654 * WACO, TEXAS 76714 * (254) 776 -8887 CONTRACTUAL AGREEMENT Date: 1/17/2014 Between Alarm Center, Inc. and Physical /Billing Address 300 E Phone: Fax: Purchase Lease Maintenance Agreement X Monitoring Agreement Installation Fee X Other Monthly Lease Fee Monthly Monitoring Fee $32.50 Attachment Acct. # 4148 Rec. 2 System to Consist of: FIRE ALARM MONITORING OWNER FURNISHED EQUIPMENT Purchase Price Installation Fee Down payment Applicable taxes to be added Other BILLING: BRAZOS CTY BUILDING MAINTENANCE, 206 N. WASHINGTON TERM: The initial length of this contract is for 12 months beginning on the above date and this contract will automatically renew on the annuity date for periods of 0 year terms thereafter and continue to renew for 0 year periods unless either party shall notify the other, in writing, of its intention to terminate no less than thirty (30) days prior to expiration of each subsequent renewal period. Add applicable taxes to all prices. TERMS AND CONDITIONS APPLYING TO MONITORING SERVICES 1. AGREEMENT: Alarm Center, Inc. and the customer have entered into an Agreement wherein and whereby Alarm Center, Inc. will provide alarm monitoring services for the customer. The customer and Alarm Center, Inc. agree that Alarm Center, Inc. sole and only obligation under this agreement shall be to monitor signals received from the alarm equipment or system and to respond thereto upon the receipt of a signal from the customer's premises, shall make every reasonable effort to transmit notification of the alarm promptly to the police, fire or other authorities and /or the person or persons whose names and telephone numbers are set forth In the "Responsive Party Data" unless there is just cause to assume that an emergency condition does not exist. 2. USE OF ALARM: The customer shall carefully and properly set the alarm system at the time the premises are secured or all functions are set to the normal status. The customer shall carefully and properly test the alarm equipment or system at least once each month and shall immediately report in writing to Alarm Center, Inc. any claimed inadequacy in or failure of the alarm equipment. 3. TERMINATION: This agreement shall continue for as long as customer contracts with Alarm Center, Inc. for the performance monitoring services. In the event that the customer fails or refuses to make payment for services furnished or to be furnished, Alarm Center, Inc. will give customer at least thirty (30) days notice of termination of such services and upon giving such notice, this agreement and all of Alarm Center, Inc. responsibilities thereunder shall come to an end as of the date fixed in such notice was the term fixed in the agreement between Alarm Center, Inc. and the customer, also this agreement may be suspended, at Alarm Center Inc. option, should the customer's alarm equipment become so substantially damaged that further service is impractical. 4. LIABILITY: Alarm Center, Inc, shall not be liable for any loss or damage caused by defects or deficiencies in the alarm equipment or system, nor shall Alarm Center, Inc. incur any liability for delay in response time or non - response of police, fire or other authorities, institutions or Individuals notified by Alarm Center, Inc.. 5. INTERRUPTION OF COMMUNICATION: Alarm Center, Inc. shall not be obligated to perform any monitoring service thereunder during any time when the customers telephone service shall not be working since signals to Alarm Center, Inc. are received solely by means of telephone communication, unless stated otherwise in writing. Alarm Center assumes no liability for interruption of services due to strike, war /riots, floods, fire, wind, snow, natural causes or any other cause beyond control of Alarm Center, Inc. including interruption in the electrical utility service. Alarm Center will not be required to supply service to the customer while interruption of service due to any such cause shall prevail or continue. Where radio or other type of wireless equipment is used as a means of alarm transmission, Alarm Center, Inc. shall likewise not be obligated to perform monitoring services when the radio reception or wireless service is hindered by manmade or natural static causes or by a natural phenomena, sunspot activity or solar winds. 6. TESTING OF YOUR ALARM SYSTEM: Alarm Center, Inc. shall not be obligated to test your systems phone lines for functionality (unless otherwise stated). It is recommended that you test your system weekly for communication signals to our central station as well as functions of the panel and its equipment. t/o Z GENERAL TERMS AND CONDITIONS 1. REPAIRS SERVICE: Repairs service pursuant to this Agreement will be furnished by Alarm Center, Inc. during its normal working hours, Monday through Friday except holidays. Alarm Center, Inc. shall have full and free access to the equipment to perform repairs service thereon. Alarm Center, Inc. shall not be responsible for failure to render service due to cause beyond its control. Repairs services rendered outside the normal working hours of Alarm Center are not within the scope of Alarm Center, Inc. responsibility, however repairs service for holidays and off work hours may be provided if a mutual agreement is entered between customer and Alarm Center, Inc.. 2, LIMITED OF LIABILITY: It is agreed that Alarm Center, Inc. is not an insurer and that the payments herein before named are based solely upon the value of the services herein described and it is not the intention of the parties that Alarm Center, Inc. assume responsibility for any loss occasioned by malfeasance or misfeasance in the performance of the services under this contract or for any loss or damage sustained through burglary, theft, robbery, fire or other cause any liability on the part of Alarm Center, Inc. by virtue of this agreement or because of the relation hereby established. If there shall not withstanding the above provisions at any time be or arise any liability on the part of Alarm Center Security by virtue of this Agreement or because of the relation hereby established whether due to the negligence of Alarm Center or otherwise such liability is and shall be limited to a sum equal in the amount to the service charge hereunder for a period not to exceed six months which sum shall be paid and received as liquidated damages. Such liability as herein set forth is fixed as liquidated damages are not as a penalty and this liability shall be complete and exclusive. That in the event Subscriber desires Alarm Center, Inc. to assume greater liability for the performance of its services hereunder a choice is hereby given of obtaining full or limited liability by paying an additional amount under a graduated scaled of rates proportioned to the responsibility setting forth the additional liability of Company and additional charge and rider and additional obligation shall in no way be interpreted to hold company as an insurer. IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS 1. ASSIGNMENT: This agreement may be sold, transferred and assigned by Alarm Center, Inc. without restriction. Customer has no right to assign sublease or transfer his rights herein without written consent of Alarm Center, Inc.. 2. APPROVAL: This agreement is not binding unless approved by an officer and /or duly appointed representative of Alarm Center, Inc. in the event of failure of approval as aforesaid the only liability of Alarm Center, Inc. shall be to return to the customer the amount if any paid to Alarm Center, Inc. upon the signing of this agreement. 3. CHANGES TO AGREEMENT: This constitutes the entire agreement between the customer and Alarm Center, Inc. and no representation or statement not contained in the agreement shall be binding upon Alarm Center, Inc. as a warranty or otherwise. The terms of this conditions of this agreement shall prevail not withstanding any variance with the terms and conditions of any order submitted by the customer. 4. SERVICE OF ALARMS NOT ORIGINALLY INSTALLED BY Alarm Center, Inc.: When requested by the customer to service or repair alarm equipment that was not originally installed by Alarm Center, Inc. then Alarm Center shall not be liable for the operation or non- operation of the alarm equipment or system. Equipment installed by Alarm Center, Inc. in the servicing repair or upgrade of the customer alarm equipment or system is not under any warranty because its satisfactory operation or non - operation can be affected by that customers alarm equipment or system. In this regard Alarm Center, Inc. makes no implied warranties including but not limited to the Implied Warranty of Merchantability or Fitness and the limits of liability under this paragraph shall be the same as above stated in Paragraph 2, Limit of Liability. YOUR RIGHT TO CANCEL You have a legal right under federal law to cancel this transaction without cost, within three (3) business days from the date that you approved this contract by signing in the appropriate space. I ACKNOWLEDGE BY MY SIGNATURE BELOW THAT I UNDERSTAND THE TYPE OF MONITORING SERVICE I AM PURCHASING, ALSO THE SALESPERSON, TECHNICIAN, OR OTHER REPRESENTATIVE HAS EXPLAINED THE FOLLOWING MEANS OF ALARM TRANSMISSION TO ME AND INDICATED BELOW THE TYPE OF TRANSMISSION COVERED BY EEMENT. DIRECT LINE /MULTIPL T ARD TELEPHONE LINE TRANSMISSION RADIO /CELLULAR BACKU R APPROVED BY CUSTOMER: APPROVED FOR ALARM CENTER, E] �%C P9•_�l iC_ A -1 FIRE & SECURITY P. O. BOX 7654 * WACO, TEXAS 76714 * (254) 776 -8887 CONTRACTUAL AGREEMENT Date: 111712014 Between Alarm Center, Inc. and BRAZOS COUNTY ADMI PhysicalBilling Address 200 S. TEXAS AVE., BRYAN, l Phone: Fax: Acct. # Purchase Lease Maintenance Agreement X Monitoring Agreement Installation Fee X Other Monthly Lease Fee Monthly Monitoring Fee $32.50 Down payment Other BILLING: BRAZOS CTY BUILDING MAINTENA Attachment NISTRATION Rec. System to Consist of: FIRE ALARM MONITORING OWNER FURNISHED EQUIPMENT Purchase Price Installation Fee Applicable taxes to be added NCE, 206 N. WASHINGTON TERM: The initial length of this contract is for 12 months beginning on the above date and this contract will automatically renew on the annuity date for periods of 0 year terms thereafter and continue to renew for 0 year periods unless either party shall notify the other, in writing, of its intention to terminate no less than thirty (30) days prior to expiration of each subsequent renewal period. Add applicable taxes to all prices. TERMS AND CONDITIONS APPLYING TO MONITORING SERVICES 1. AGREEMENT: Alarm Center, Inc. and the customer have entered into an Agreement wherein and whereby Alarm Center, Inc. will provide alarm monitoring services for the customer. The customer and Alarm Center, Inc. agree that Alarm Center, Inc. sole and only obligation under this agreement shall be to monitor signals received from the alarm equipment or system and to respond thereto upon the receipt of a signal from the customer's premises, shall make every reasonable effort to transmit notification of the alarm promptly to the police, fire or other authorities and /or the person or persons whose names and telephone numbers are set forth in the 'Responsive Party Data" unless there is lust cause to assume that an emergency condition does not exist. 2. USE OF ALARM: The customer shall carefully and properly set the alarm system at the time the premises are secured or all functions are set to the normal status. The customer shall carefully and properly test the alarm equipment or system at least once each month and shall Immediately report in writing to Alarm Center, Inc. any claimed inadequacy In or failure of the alarm equipment. 3. TERMINATION: This agreement shall continue for as long as customer contracts with Alarm Center, Inc. for the performance monitoring services. In the event that the customer fails or refuses to make payment for services furnished or to be fumished, Alarm Center, Inc. will give customer at least thirty (30) days notice of termination of such services and upon giving such notice, this agreement and all of Alarm Center, Inc. responsibilities thereunder shall come to an end as of the date fixed in such notice was the term fixed In the agreement between Alarm Center, Inc. and the customer, also this agreement may be suspended, at Alarm Center Inc. option, should the customer's alarm equipment become so substantially damaged that further service is impractical. 4. LIABILITY: Alarm Center, Inc. shall not be liable for any loss or damage caused by defects or deficiencies in the alarm equipment or system, nor shall Alarm Center, Inc. incur any liability for delay in response time or non - response of police, fire or other authorities, institutions or individuals notified by Alarm Center, Inc.. 5. INTERRUPTION OF COMMUNICATION: Alarm Center, Inc. shall not be obligated to perform any monitoring service thereunder during any time when the customers telephone service shall not be working since signals to Alarm Center, Inc. are received solely by means of telephone communication, unless stated otherwise in writing. Alarm Center assumes no liability for interruption of services due to strike, wadriots, floods, fire, wind, snow, natural causes or any other cause beyond control of Alarm Center, Inc. Including interruption in the electrical utility service. Alarm Center will not be required to supply service to the customer while Interruption of service due to any such cause shall prevail or continue. Where radio or other type of wireless equipment is used as a means of alarm transmission, Alarm Center, Inc. shall likewise not be obligated to perform monitoring services when the radio reception or wireless service is hindered by manmade or natural static causes or by a natural phenomena, sunspot activity or solar winds. 6. TESTING OF YOUR ALARM SYSTEM: Alarm Center, Inc. shall not be obligated to test your systems phone lines for functionality (unless otherwise stated). It is recommended that you test your system weekly for communication signals to our central station as well as functions of the panel and its a uipment. GENERAL TERMS AND CONDITIONS 1. REPAIRS SERVICE: Repairs service pursuant to this Agreement will be furnished by Alarm Center, Inc. during its normal working hours, Monday through Friday except holidays. Alarm Center, Inc. shall have full and free access to the equipment to perform repairs service thereon. Alarm Center, Inc. shall not be responsible for failure to render service due to cause beyond Its control. Repairs services rendered outside the normal working hours of Alarm Center are not within the scope of Alarm Center, Inc. responsibility, however repairs service for holidays and off work hours may be provided if a mutual agreement is entered between customer and Alarm Center, Inc.. 2. LIMITED OF LIABILITY: It is agreed that Alarm Center, Inc. is not an insurer and that the payments herein before named are based solely upon the value of the services herein described and it is not the Intention of the parties that Alarm Center, Inc. assume responsibility for any loss occasioned by malfeasance or misfeasance in the performance of the services under this contract or for any loss or damage sustained through burglary, theft, robbery, fire or other cause i any liability on the part of Alarm Center, Inc. by virtue of this agreement or because of the relation hereby established. If there shall not withstanding the above provisions at any time be or arise any liability on the part of Alarm Center Security by virtue of this Agreement or because of the relation hereby established whether due to the negligence of Alarm Center or otherwise such liability is and shall be limited to a sum equal in the amount to the service charge hereunder for a period not to exceed six months which sum shall be paid and received as liquidated damages. Such liability as herein set forth is fixed as liquidated damages are not as a penalty and this liability shall be complete and exclusive. That in the event Subscriber desires Alarm Center, Inc. to assume greater liability for the performance of its services hereunder a choice is hereby given of obtaining full or limited liability by paying an additional amount under a graduated scaled of rates proportioned to the responsibility setting forth the additional liability of Company and additional charge and rider and additional obligation shall in no way be interpreted to hold company as an insurer. IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS 1. ASSIGNMENT: This agreement may be sold, transferred and assigned by Alarm Center, Inc. without restriction. Customer has no right to assign sublease or transfer his rights herein without written consent of Alarm Center, Inc.. 2. APPROVAL: This agreement is not binding unless approved by an officer and /or duly appointed representative of Alarm Center, Inc. in the event of failure of approval as aforesaid the only liability of Alarm Center, Inc. shall be to return to the customer the amount if any paid to Alarm Center, Inc. upon the signing of this agreement. 3. CHANGES TO AGREEMENT: This constitutes the entire agreement between the customer and Alarm Center, Inc. and no representation or statement not contained in the agreement shall be binding upon Alarm Center, Inc. as a warranty or otherwise. The terms of this conditions of this agreement shall prevail not withstanding any variance with the terms and conditions of any order submitted by the customer. 4. SERVICE OF ALARMS NOT ORIGINALLY INSTALLED BY Alarm Center, Inc.: When requested by the customer to service or repair alarm equipment that was not originally installed by Alarm Center, Inc. then Alarm Center shall not be liable for the operation or non-operation of the alarm equipment or system. Equipment installed by Alarm Center, Inc. in the servicing repair or upgrade of the customer alarm equipment or system is not under any warranty because its satisfactory operation or non-operation can be affected by that customers alarm equipment or system. In this regard Alarm Center, Inc. makes no implied warranties including but not limited to the Implied Warranty of Merchantability or Fitness and the limits of liability under this paragraph shall be the same as above stated in Paragraph 2, Limit of Liability. YOUR RIGHT TO CANCEL You have a legal right under federal law to cancel this transaction without cost, within three (3) business days from the date that you approved this contract by signing in the appropriate space. I ACKNOWLEDGE BY MY SIGNATURE BELOW THAT I UNDERSTAND THE TYPE OF MONITORING SERVICE I AM PURCHASING. ALSO THE SALESPERSON, TECHNICIAN, OR OTHER REPRESENTATIVE HAS EXPLAINED THE FOLLOWING MEANS OF ALARM TRANSMISSION TO ME AND INDICATED BELOW THE TYPE OF TRANSMISSION COVERED BY T IS EMENT. DIRECT LINE /MULTIPLE TANDARD TELEPHONE LINE TRANSMISSION RADIO /CELLULAR BACKU THEIR APPROVED BY CUSTOMER: APPROVED FOR ALARM CE A -1 FIRE & SECURITY P. O. BOX 7654 * WACO, TEXAS 76714 * (254) 776 -8887 CONTRACTUAL AGREEMENT Date: 1/17/2014 Attachment Between Alarm Center, Inc. and BRAZOS COUNTY EXPO CENTER • SOUTH ARENA 2 Physical /Billing Address 5827 LEONARD DR., BRYAN, TX 77803 Phone: Fax: Purchase Lease Maintenance Agreement X Monitoring Agreement Installation Fee X Other Monthly Lease Fee Monthly Monitoring Fee Down payment Other BILLING: B BRYAN. TX 77803 Acct. # Rec. System to Consist of: FIRE ALARM MONITORING OWNER FURNISHED EQUIPMENT Purchase Price $32.50 Installation Fee Applicable taxes to be added !OS CTY BUILDING MAINTENANCE, 206 N. WASHINGTON TERM: The initial length of this contract is for 12 months beginning on the above date and this contract will automatically renew on the annuity date for periods of 0 year terms thereafter and continue to renew for 0 year periods unless either party shall notify the other, in writing, of its intention to terminate no less than thirty (30) days prior to expiration of each subsequent renewal period. Add applicable taxes to all prices. TERMS AND CONDITIONS APPLYING TO MONITORING SERVICES 1. AGREEMENT: Alarm Center, Inc. and the customer have entered into an Agreement wherein and whereby Alarm Center, Inc. will provide alarm monitoring services for the customer. The customer and Alarm Center, Inc. agree that Alarm Center, Inc. sole and only obligation under this agreement shall be to monitor signals received from the alarm equipment or system and to respond thereto upon the receipt of a signal from the customer's premises, shall make every reasonable effort to transmit notification of the alarm promptly to the police, fire or other authorities and /or the person or persons whose names and telephone numbers are set forth in the "Responsive Party Data" unless there is Just cause to assume that an emergency condition does not exist. 2. USE OF ALARM: The customer shall carefully and properly set the alarm system at the time the premises are secured or all functions are set to the normal status. The customer shall carefully and property test the alarm equipment or system at least once each month and shall immediately report in writing to Alarm Center, Inc. any claimed inadequacy in or failure of the alarm equipment. 3. TERMINATION: This agreement shall continue for as long as customer contracts with Alarm Center, Inc. for the performance monitoring services. In the event that the customer fails or refuses to make payment for services furnished or to be furnished, Alarm Center, Inc. will give customer at least thirty (30) days notice of termination of such services and upon giving such notice, this agreement and all of Alarm Center, Inc. responsibilities thereunder shall come to an end as of the date fixed in such notice was the term fixed in the agreement between Alarm Center, Inc. and the customer, also this agreement may be suspended, at Alarm Center Inc. option, should the customer's alarm equipment become so substantially damaged that further service is impractical. 4. LIABILITY: Alarm Center, Inc. shall not be liable for any loss or damage caused by defects or deficiencies in the alarm equipment or system, nor shall Alarm Center, Inc. incur any liability for delay in response time or non - response of police, fire or other authorities, institutions or individuals notified by Alarm Center, Inc.. 5. INTERRUPTION OF COMMUNICATION: Alarm Center, Inc. shall not be obligated to perform any monitoring service thereunder during any time when the customers telephone service shall not be working since signals to Alarm Center, Inc. are received solely by means of telephone communication, unless stated otherwise in writing. Alarm Center assumes no liability for interruption of services due to strike, war /riots, floods, fire, wind, snow, natural causes or any other cause beyond control of Alarm Center, Inc. Including interruption in the electrical utility service. Alarm Center will not be required to supply service to the customer while interruption of service due to any such cause shall prevail or continue. Where radio or other type of wireless equipment is used as a means of alarm transmission, Alarm Center, Inc. shall likewise not be obligated to perform monitoring services when the radio reception or wireless service is hindered by manmade or natural static causes or by a natural phenomena, sunspot activity or solar winds. 6. TESTING OF YOUR ALARM SYSTEM: Alarm Center, Inc. shall not be obligated to test your systems phone lines for functionality (unless otherwise stated). It is recommended that you test your system weekly for communication signals to our central station as well as functions of the panel and its equipment. t/Gz — 19� /oqx / / / GENERAL TERMS AND CONDITIONS 1. REPAIRS SERVICE: Repairs service pursuant to this Agreement will be furnished by Alarm Center, Inc. during its normal working hours, Monday through Friday except holidays. Alarm Center, Inc. shall have full and free access to the equipment to perform repairs service thereon. Alarm Center, Inc. shall not be responsible for failure to render service due to cause beyond its control. Repairs services rendered outside the normal working hours of Alarm Center are not within the scope of Alarm Center, Inc. responsibility, however repairs service for holidays and off work hours may be provided if a mutual agreement is entered between customer and Alarm Center, Inc.. 2. LIMITED OF LIABILITY: It is agreed that Alarm Center, Inc. is not an insurer and that the payments herein before named are based solely upon the value of the services herein described and it is not the intention of the parties that Alarm Center, Inc. assume responsibility for any loss occasioned by malfeasance or misfeasance in the performance of the services under this contract or for any loss or damage sustained through burglary, theft, robbery, fire or other cause i any liability on the part of Alarm Center, Inc. by virtue of this agreement or because of the relation hereby established. If there shall not withstanding the above provisions at any time be or arise any liability on the part of Alarm Center Security by virtue of this Agreement or because of the relation hereby established whether due to the negligence of Alarm Center or otherwise such liability is and shall be limited to a sum equal in the amount to the service charge hereunder for a period not to exceed six months which sum shall be paid and received as liquidated damages. Such liability as herein set forth is fixed as liquidated damages are not as a penalty and this liability shall be complete and exclusive. That in the event Subscriber desires Alarm Center, Inc. to assume greater liability for the performance of its services hereunder a choice Is hereby given of obtaining full or limited liability by paying an additional amount under a graduated scaled of rates proportioned to the responsibility setting forth the additional liability of Company and additional charge and rider and additional obligation shall in no way be interpreted to hold company as an insurer. IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS 1. ASSIGNMENT: This agreement may be sold, transferred and assigned by Alarm Center, Inc. without restriction. Customer has no right to assign sublease or transfer his rights herein without written consent of Alarm Center, Inc.. 2. APPROVAL: This agreement is not binding unless approved by an officer and /or duly appointed representative of Alarm Center, Inc. in the event of failure of approval as aforesaid the only liability of Alarm Center, Inc. shall be to return to the customer the amount if any paid to Alarm Center, Inc. upon the signing of this agreement. 3. CHANGES TO AGREEMENT: This constitutes the entire agreement between the customer and Alarm Center, Inc. and no representation or statement not contained in the agreement shall be binding upon Alarm Center, Inc. as a warranty or otherwise. The terms of this conditions of this agreement shall prevail not withstanding any variance with the terms and conditions of any order submitted by the customer. 4. SERVICE OF ALARMS NOT ORIGINALLY INSTALLED BY Alarm Center, Inc.: When requested by the customer to service or repair alarm equipment that was not originally installed by Alarm Center, Inc. then Alarm Center shall not be liable for the operation or non-operation of the alarm equipment or system. Equipment installed by Alarm Center, Inc. in the servicing repair or upgrade of the customer alarm equipment or system is not under any warranty because its satisfactory operation or non-operation can be affected by that customers alarm equipment or system. In this regard Alarm Center, Inc. makes no implied warranties including but not limited to the Implied Warranty of Merchantability or Fitness and the limits of liability under this paragraph shall be the same as above stated in Paragraph 2, Limit of Liability. YOUR RIGHT TO CANCEL You have a legal right under federal law to cancel this transaction without cost, within three (3) business days from the date that you approved this contract by signing in the appropriate space. I ACKNOWLEDGE BY MY SIGNATURE BELOW THAT I UNDERSTAND THE TYPE OF MONITORING SERVICE I AM PURCHASING. ALSO THE SALESPERSON, TECHNICIAN, OR OTHER REPRESENTATIVE HAS EXPLAINED THE FOLLOWING MEANS OF ALARM TRANSMISSION TO ME AND INDICATED BELOW THE TYPE OF TRANSMISSION COVERED BY THIS AGREEMENT. DIRECT LINE /MULTIPLEX X STANDARD TELEPHONE LINE TRANSMISSION RADIO /CELLULAR BACIi\UP\ c—�, k / OTHER APPROVED BY CUSTOMER: APPROVED FOR ALARM CE i /y� Ft3 /� communications socwRy a Daec0M 62•r•mrroG. BILLING 8 SHIPPING ADDRESS: Ms. Leslie Williams Brazos County Auditor's Office PO Box 914 Bryan, TX 77803 979 -361 -4294 Iwi9 iam sabrazoscountvbc. aov PROPOSAL NO: S -02 -03 -2014 DATE OF PROPOSAL: 01/20/14 PROPOSAL VALID FOR: 30 DAYS ATTACHMENTS: 8100 - 11901 -00 and 8100- 11902 -00 SELECT SCHEDULE ANNUAL EQUIPMENT MAINTENANCE CONTRACT PROPOSAL SCHEDULE OF SERVICES PROVIDED UNDER THIS CONTRACT: • All necessary repair parts and freight related expenses • Regular (Monday- Friday, 8:00am- 5:00pm) labor hours for remedial maintenance • Regular (Monday- Friday, 8:00am- 5:DOpm) travel time to and from the equipment site • Airfare and Per Diem expenses as required per scope of repairs. One annual preventative maintenance inspection per x-ray system ' • One annual radiation safety survey and preparation of performance report per x -ray system' • Additional services are available upon request at time and materials rates Note: Metal Detectors do not receive preventative maintenance or radiation survey services. COVERAGE PERIOD: February 3, 2014 through February 2, 2015 PAYMENT TERMS: Annual billing, in Advance, payment net 30 days after delivery of Seller invoice ACCEPTED FORMS OF PAYMENT: Business check, Wire Transfer, Credit Card CONTRACT TERMS AND CONDITIONS AND STATEMENT OF WORK: The terms and conditions and statement of work governing this contract are detailed on attached documents 8100. 11901 -00 and 8100 - 11902.00 herein. These seller terms and conditions shall take precedence over any and all others incorporated by the Buyer. EQUIPMENT TO BE SERVICED UNDER THIS CONTRACT: Item Model Serial Unit Price Shipping Location Number Number 1 PX6.4 PX64794 $4,900.00 300 East 26 Street, Suite 116F, Bryan, TX 77803 2 PX5.3 PX530044 $4,300.00 3030 East 29 Street, Suite 113, Bryan, TX 77802 TOTAL ANNUAL PRICE: $9,200.00 plus tax if applicable - See document no. 8100 - 11901 -00, clause no. ten (10) for details. Please reference proposal no. S -02 -03 -2014, unit serial number(s) and period of performance on your purchase order. If you do not issue purchase orders, by signing this document, you have acknowledged our proposal and agreed to enter into a maintenance contract with L -3 Communications Security and Detection Systems, Inc. This document will serve as a purchase order. We will respond via fax, mall, or e-mail with your Contract ID for your records. Contact Si nthya Rosario concerning order placement via Phone: 781 -970- 1716 -or -e -mail sinthva.rosarioAl- 3com.com BUYER PURCHASE ORDER NUMBER: AUTHORIZED SIGNATURE REQUIRED: BRAZOS COUNTY: CONTRACT ID: L -3 COMMUNICATIONS SECURITY AND DETECTION SYSTEMS, INC.: Name: Sinthva Rosario Title: Contracts Dept Signature: y ' I a Date: January 2 .2014 10E Commerce Way. Woburn, MA 01801 Plnnm7e1.970 -1716 Fu.7e1-939 -3948 24rz7 Customer S• 1p aW- 7783031 ID communications secerlry a Datecaon soat a Inc. ANNUAL EQUIPMENT HARDWARE MAINTENANCE CONTRACT TERMS AND CONDITIONS Document No. 8100. 11901 -00 L Cress Indemnification: L -3 Communications Secunty and Detection Systems Inc., heminaNer referrac Was Seller, shall IMemniy, dehI and hold Buyer harmless from and against any losses, damages. expenses, sabilifies, and costs arising out of tine negligence of Seller, its employees, or agents in performing services under this Agreement. Buyer shall'udemnly, defend and hold Seller harmless from and against any losses, deniag ", expenses, labilities, and costs analog out of the negllgence of Buyer, Its employees, or agents with respect to the use or operation of the System. 2. Cancellation during the contract Wood: a Buyer cancels this Agreement pursuant to Section three (3) or If newly purchased equipment supplied by Seller replaces the equipment under this contract, Buyer may cancel this centrect without charge by giving wiilten notice to Seller. In the tees Of a cancellalon for any other reason, Buyer must provide Seller vinery (90) days' prior written notice ofcancellation or pay Seller 25%of any remaining annual contract fee as liquidated damages. Seller also reserves the fight to cancel this Agreement wphoul penalty if Buyer is In default and falls to cure within 30 days following receipt of written notice of default. 3. Cancellation for cause: Buyer mtalns the night to cancel this contract immediately and what advance no as to Seller should Seller's services be unsatisfactory In quality or should Seller fail to perform in accordance with the statement of services for any reeeqn wllhin Sellers control. In the ahem of such cancellation, Buyer call notify Seiler in writing. Buyer will pay only for the services rendered up to the date that Seller receives the written uncelletlon notice. 4. LIMITATION OF LIABILITY: REGARDLESS OF THE LEGAL OR EQUITABLE BASIS OF ANY CLAIM, IN NO EVENT WILL SELLER BE LIABLE FOR (I) ANY SPECIAL, INDRECT, INCIDENTAL OR CONSEOUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM INACCURATE OR LOST DATA, LOSS OF USE OR LOSS OF REVENUES OR PROFITS, ARISING OUT OF OR REUTING TO THIS AGREEMENT OR ANY ORDER, THE FURNISHING OF PRODUCTS AND SERVICES OR THE USE OR PERFORMANCE OF PRODUCTS OR SERVICES, EVEN IF INFORMED OF SUCH DAMAGES. OR (if) FOR ANYTHIRD PARTY CLAIMS AGAINST CUSTOMER. SELLERS MAXIMUM LIABILITY UNDER ANY ORDER. INCLUDING LIABILITY ARISING OUT OF PRODUCTS DELIVERED. SERVICES PERFORMED OR FROM SELLERS NEGLIGENCE OR OTHER ALTS OR OMISSIONS. WILL BE LIMITED TO THE AMOUNT PAID TO SELLER FOR THE PRODUCTS AND/OR SERVICES GANG RISE TO THE CLAIM. 5. ygrstgm; Buyer shall have the fight to request that systems be reamed to service coverage on a pro-rated basis. Prior to systems being retuned to "rvice coverage all systems are subject to bitable pm- Inspection s ter does to be performed by"Seiler. The SNers paneling standard mnice nabs shall W used to calculate the pre4nspecton services. S. Soft a e: Union othenwlse expressly agreed in writing to the contrary. all technical speci cationla, software, technical Information, source code, drawings. and/or Data provided to Buyer by the Sailer. or used by the Seller in updal upgrading or performing repairs to the Buyers equipment, shop remain the sole property of the Seller. Any use of mid data ano software shell constitute use under a Ilmlted uses license only. This License Is expressly limited to the furtmomi lily of individual Items of L-3 equipment previously purchased by the Buyer. 7. Exclusions: Contractual coverage shall not apply to any equipment, spare pans, or services that are: (a) rope red, moved or modified other than by Sellars authorized personnai; or (b) subjected to physical or electrical abuse, stress. or misuse: or (c) stored, operated, modified, ter maintained In a manner knconaistent with applicable Seller instructofls and specifications. No third party agents, regardless o1 affllaboo or former effilaton with Seller, retain the fights to perform service actions under this contract. Also excluded from this contract are parts, families, and other ancillary equipment which have open damaged due to Improper handling; Power surges, exposure a the elements of extreme heal taxi ante cold, moisture; acts of nature such as rain, else: ,mow, earthquakes, lightening, hurdune, atc.; equipment (allures resulting from Installation or operation a use In any manner not In accordance with Seller Wtructions; fellures resulting from insulation of olarem0 or use In any manner not In accordance with Seller Instructions; equipment damage due to minutes or abuse (IIVPugh negligence, accident, or verdshil BranOque worts by Buyer of equipment failures: and equipment which has been repaired I modified without the written approval of Seller. B. Accessories and Atachinual Service actions performed by Seller under this contract will not include maintenance " repair of frommores. attachments, machines, or other similar devices not originally supplied or provided by Seiler, painting or refinishing of equipment or providing such Winning or nifinisNng matenala'. or furnishing supplies, ancestor", or other similar devices except as specifically requlrod for equipment repot of malreenance. 9. Soecul Csnnllsten: The specific equipment covered by this contract shall be serviced as needed and all required spare pans shall be provided unless stock is no longer available due to and of life Issues. Seller shall make a best commercial effort to support this equipment during the contactual period and make provisions for end of life pans. Should services be required and spare pans are no longer available. Seller shall make a best commercial effort to under Buysrs equipment back into operating condidon. If Seller Is unable to bring the up to operating coiditien, the effected equipment shall then be removers from the remainder of the contract and a prorated credit for she bounce of the present contract term shah be issued. Credits shall be aenl out within thirty (30) days of carcallatbn. Also, the affected equipment shalt not be Included in future contract ren real of during any remaining optional years. 10. Taxes: The quotation does not Inrlllde taxes. Taxes levied against LJ as a result of products offered or sold hereunder and any services rendered In connection therewith, including but not Iimfled to installation or maintenance would be additional cost and shell be rehnismable byPuch "m upon submittal of supporting documentation of such costs. 11. : Any resultant ContracttPurchaee Order with Terms and Conditions other than these shall not be accepted without notice provided to Buyer accepting all or a portion of the Buyers Terms and Conditions. Estimates are calculated under these Terns and Conditions and pricing may change for compliance with allemat"Terns and Candlfions as "it a ft schedule. 10E Commerce Way, Woburn, MA 01801 Ptnne. 781- 970 -1716 Fax: 761 -939 -3949 ServleeComraets.SOSftL- &om.mm 21x7 Customer Service 800-77"031 Vol. / 74 Pg. 00 4 4 communications e�av a oa.rwn syauma no ANNUAL EQUIPMENT HARDWARE MAINTENANCE CONTRACT STATEMENT OF WORK Document No. 6100 - 11902 -00 1. Reactants Time: L-3 Communications Secunty and Detection Systems Inc., hereinafter referred to as Seller will provide response a soon as possible to requests for equipment service from Bul authorized representative. 8-111 Seller response time wit be typical in geographical locations where Seller has resident seMce engineers. 24 -hour Seller response brae wll be typical in geographical locations where Seller does not have resident service engineers. Seller does not warrant that the use of equipment call be uninterrupted or error free. 2. Seller Rescomlbllitle: As applicable to the apecFfc maintenance contract schedule, service actions performed by Seller wan Include all parts, materials, and labor required to adjust. maintain, repair, or restore ma equipment to proper operating coociton in accordance with the marufacturers specifications. Seller will not perform any modifications to the equipment without Buyer's written approval. Seller will perform all service actions at the equipment Me whenever possible and practical. Seller wit part" all service actions with the least possible Interference or disruption to the ordeny conduct of Buyers normal operations. Upon the completion of service, Seller will leave Buyers premises In as neat, orderly, and Clean condmon as existed upon start of services. Seller will be responsible for obtaining as air side passes, work plumme, clearances, and required licenses, Seller wit be responsible for compliance with all laws, codes, rules. and regulations applicable to services performed under this contract. Seller will not transfer or assign its obligations under INs contract, eltner In wtole or in pert without the prlorwritten approval of Buyer. 3. Buyer Resonnelblliuea: Buyer will provide adequate fadiPoes for Sellers personnel. The faglmes will include adequate workspace. heap Ighdrg, ventilation, proper efecuical current and earth grounded electrical outlets. The faclides will be located within a reasonable distance from the equipment being serviced and will be provided by Buyer at no cost to Seller. Seller will not be responsible for Buyers failure to provide prompt across to the equipment or to adequate facilities. 4. Addhlonal Service: Upon agreement between Buyer and Seller. Seller may perform additional Services beyond Sellers obligations under this contract. Such services may Include, but are not limited to, equipment Installation, relocation, and reJnstallation. All such services, when performed, will be Invoked to Buyer in accordance with Sellers prevailing standard service rate schedule. 5. Service Cell Fall fSCRI: Upon completion of service, Senses service engineer will submit the SCR to Buyers auttrorized representative. The SCR will itemize The service actions performed. Buyers authorized representative wit be provided win a copy of the completed and signed SCR. Should Buyer fail to have an authorized representative on site for any reason upon completion of Sellers services, the lack of Buyers authorized representative's sgneture on the SCR will not he a basis for claiming that unsatisfactory service was provided by Seller S. scare Parts and Materiels: All opera parts and materials provided and or replaced by the Seller, regardless If they are now lzctory refurbished, rebuilt, restored, renovated or reconditioned, shall be warranted for nr ety (90) days from the date of Installation. Seller reserves dta right to use Like- Kind-0ua9ty some parts and maerials Including new, factory refurbished, rebuilt, restored, renovated a reconditioned hems. Any use of anemate spans parts and materials shell have no effect on the Form. Fn, and Function of said parts and materials and shall be warranted mr ninety L90) days from me data of Instolladon, or the remaining life of the contract whichever to longer. 7. Annual Preventative Maintenance for X-ray System, Listed below are the procedures that our technicians perform doing the annual enact penod. ANNUAL PREVENTATIVE MAINTENANCE FOR X -RAY SYSTEMS VISUAL AND MECHANICAL: • Vacuum system interior and exterior • Inspect conveyor rollers • Insped condition of conveyor bell and lacing • Adjust conveyor belt tension and trading • Inspect condition of x -ray sensor dust shieds • Inspect for x -ray generator dl leakage • Align and clean optics sense modules • Test indicator lamps for proper operation OPERATIONAL SAFETY: ELECTRONIC: • Adjust x -ray tube voltage and anent • Test operator control panel functions • Adjuel monitors • Inspect conveyor relays • Adjust power supply voltages • Collimate x -ray beam • Verify x-ray image quality 6 resolution • Inspect AC line cord for damage and lest fur proper grounding • Measure radiation dose per inspection (amual),test at safety interlocks for proper operation s Inspect finger guards andlor pop-wt rollers for damage s Verily conveyor under panels ere securely attached • Test emergency slop switches • Measure external radiation emissions (annual) • Test all -x -ray on' radiators for proper operation • Inspect condition of lead consists • Inspect operator foolmal for condition and test for proper operation • Preparation of FAA Form 1650 -17. 10E Commerce Way, Woburn, MA 01801 Phorw: 781 -070 -1718 Fax: 781439 -3948 $8MC•Comrana.SDS ®L- ]can.eom 24x7Customer Servlce800- 778-30)1 Vol. %� Pg.� #t; communications J a or.eea, r«na ae. Payment I Remittance Information Please Update Your Records Correspondence and PO Address *: Check Remittance Address: L -3 Communications L -3 Communications Security and Detection Systems, Inc. Security and Detection Systems, Inc. 10E Commerce Way 21867 Network Place Woburn, MA 01801 Chicago, IL 60673 — 1218 ' This address must be listed as the vendor address on your PO. Purchase Orders and other correspondence (EXCLUDING PAYMENTS) should be sent to Woburn, MA PLEASE BE SURE TO NOTE INVOICE REMITTANCE INFORMATION ON ALL PAYMENTS Checks Via Courier: UPS /Federal Express JP Morgan Chase Bank, N.A. Attn: L -3 Communications Security and Detection Systems, Inc. Lock Box No. 21867 131 S. Dearborn - 6`l' Floor Chicago, IL 60603 EFT/Wire Transfers: JP Morgan Chase Bank, NA One Bank One Plaza 2 S Dearborn Chicago, IL 60670 Account Name: L -3 Communications Security and Detection Systems, Inc. Account Number: 656511029 ABA/Routing Number: 071000013 Swift Code: CHASUS33 F.I.D. Number: 04- 3054475 DUNS Number: 112753194 CAGE CODE: 1VGC6 I 10E Commeme Way, Wobum, MA 01801 Phone:7al- gM1715 Fm:781- 838 -3949 SeN1CeC0ntrWt6.SDS0L3cam,cin s7 Customer Service 900-716-3031 Vol. / %U/ pg. �0� 19 -: Brazos County Purchasing Department 200 SOUTH TEXAS AVE SUITE 332 BRYAN, TX 77803 PHONE (979) 361.4290 FAX (979) 361-4293 Charles Wendt, Purchasing Agent Leslie Williams, Asst. Purchasing Agent Gail Davis, Buyer IT Amanda Rutledge, Buyer 11 Tiffany Alvarado, Buyer I January 17, 2014 Contract Pharmacy Services, Inc. Phone: 1- 800 -555 -8062 125 Taus Avenue Fax: Warrington, PA 18976 Email: ssteres @contractrx.com Attn: Scott Stems Re: Renewal of Contrad for Jag Pkan»aceadeals - 2014 -33R previously known as 2011 -34 Brazos County appreciates the quality work your company has provided and would like to exercise the renewal option for Pkarnaeeudeals - 2014 -33R prevlously known as 2011 -34. All terms, conditions, and pricing shall remain the same. This renewal will be for one year and will start January 28, 2014 through January 27, 2015 To accept the renewal option, please fill out the information and sign below. Return the signed documents by email to Icowams@brazoscountytx.gov or fax to (979) 361 -4293. Please then submit the original signed documents and an updated Certificate of Insurance by mail to the address listed above. Please return acceptance as soon as possible. If you have any questions, I may be reached at (979) 361.4294. Contact Name: An n Y78 r o Telephone: d id -1 y 8 7— 100 7 E-Mail: QbofQ�l ®!"pfTlf3CT�k•dO(i� Fax: 0?(0 -7- 42-1-90-50 CON IJib�ARMACY SERVICES, INC. Authorized Signature fib Q 1, Date H LINTY p 1 8 1 Duane Peters, County Judge Date Pg._ 02C13 CONTR -2 OF ID: LY AFRO CERTIFICATE OF LIABILITY INSURANCE ° "'� "`"m YY 08/2&113 THIS CERTIFICATE 18 ISSUED AS A MATTER OF WFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT: H the cetlBcate holder Is an ADDITIONAL INSURED, the poilcy(lea) must be endorsed H SUBROGATION 13 WAIVED, subleot to the teme and of ndlUore of the polity, certain Policies may require an endorsement A statemaM on this certificate does not confer rights to the certificate holder In lieu of such endanmmen a . PROOLCER 215-682 -9950 BEAN LnLnnce Inc. 215 -682 -9 122 N. York Road, Suite 6 Hatbaro, PA 19040 L. Robert Begfey, CPCU, CIC AyL_- - - -- PHONE fAK: NRI - -� - -- - - -` - PRIMS. -- - __ tASURERISI AFFORWG COVERAGE NACI 09/tlSft3 INSUMRA;Ohio CBS w Company 240.74 INSURER 0. -- wecRED CONTRACT PHARMACY SERVICES INC 126 TITUS AVENUE i WARRINGTON, PA 18976 RRauRER c: -- �_ - - - - - _ INeURER D PERSONAL L OV NA1RY -- - - - -� INLUTKR a: waugait F, f 2,000 C _ERAGIES _ _ CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LPArT6 SHOWN MAY HAVE SEEN REDUCED BY PAID CLAPA3. TL TYK OF INSURANCE POLICY w"ER N Lae16 -- A UN6MLLASKITY X CO MACK GENERAL UABIIm ClAP6MADEuIOCCUR !- I I �BOPi572882 09/tlSft3 09H GN4 i 0XC1UR.RENCE__ S. PERSONAL L OV NA1RY { 2,DONO GENERAL AGCREGIITE f 2,000 jr1 GENL MGPL0A7E Laef APPLIES PER. Pnmv P ' LOC PR;Z-- CONPIOPAGG 1 ._.2,000,00 Imp Ben, 1 1 A wroLOaLa X X LlAeeamT I ANY AUro AIIOWNEO I� ace NLED wTOs H AUTO$ NFEOwT0.9 X OM�YS ED 41672679 09P1d13 MMU14 1,000,m KWLY WAM(P. PNee14 { - - -- ice— _` SDOLYSUMV(P. dMEl { 1 A .. WARD -AUAa OCCUR EXCESS LAB _- F' CLA"4AAOE X RETEN 10 OOD U3718g0 09116113 09!16114 EACH OCCURRENCE i 1�D0D� AGGREGATE __ S 6,000,we —__ { i VMKBn C061PENaAT10N AND nowvew LMEIUIY YIN AIW MMATOIUPARTNER,EAELVTA£ OMMRAQMUREKr1L m „mw.wv. NHI I �am D CRI F T .I. NIA W STATU1 B EL EACH ACCIVENT L __.. EL D6EASE • EA EL DISEASE •POLICY LMR i i IN:BCRPTION OF OPFRA71pNS I LOCATIDMi I VrJ1ICLF3 IArneA ACORO Iel, AAetlwl AFm�HU BRMd WA, N R,RIt �R N requ W I 1VIDENCE OF INSURANCE CONTRP2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CONTRACT PHARMACY THE EXPIRATION DATE THEREOF, NOTICE WR1 BE DELIVERED N SERVICES, INC ACCORDANCE WITH THE POLICY PROVISIONS 125 TITUS AVENUE AUTNORWED REPRESENTATIVE WARRINGTON, PA 19975 OL -Re-t"" ® 1985.2010 ACORD CORPORATION. All rights reserved. LCORD 25 (2010106) The ACORD name and logo are registered marks of ACORD Vol. Pg. �L�� V. l9G Pg. wit ' SSup ♦ �p I � f/J $ + x �t n E �. Ids 17? ix �4 O _i�r �� « 2G 'n CCCC I SLIM.. i Hi YSa �f Y n uFE E S "��3 Kj7 } j Y '!'k.li L cy Nuw Y i 'Oka k r I� td� LW �1j 4` 3 I(.i t'. a 7 1 b I 4 as Vs i V. l9G Pg. z BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DE13ARTNIENT: Road & Bridge MEETING DATE: January 28, 2014 SUBJECT: Temporary Utility Permit — Halcon Resources Consider and take action on the Halcon Resources utility permit to install temporary 10" aluminum water line within and along the north right of way of Goodson Bend Road. Project will provide water to oil well. Site is located in Precinct 1. SUBMITTED BY: J . Salvato Right of Way Agent APPROVED BY: Commissioner This request is OVED / DENIED ❑ by Commissioners' Court Duane Peters, County Judge DATE: 1� /ao IH 1 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 Ungth of Crossing TYPE OF CONSTRUCTION CHECK ONE Bored lacked Driven Caned Depth Distance Goodson Bend 8,000' SW of SH 47 End of Countv Road On Surface 4.000' Facility to Parallel County Road Within Right-Of--Way Road Name and Block Number From To Depth Distance Goodson Bend 8,000' SW of SH 47 End of Countv Road On Surface 4.000' CONSTRUCTION TYPE 10" Diameter Wall Thickness Material Specification Aluminum Maximum Operation Pressure 50 PSI PROJECT WILL LAY 10" ALUMINUM WATER LINE WITHIN AND ALONG THE NORTH ROW FOR APPROX. 14 DAYS 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 14 working days. (COMPANY MUST FILL IN). If such construction is not begun by the 60`x' day, Company will be required to apply for a new permit. Company declares thafprior 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 � Vol... —_ �6 __ Pg. -�U% 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 dues not install utilities in compliance with installation requirements set forth herein (i.e. depth, location, etc), Company assumes all financial responsibility fur damages andlor destruction of lines, cables, etc. based upon its failure to comply with Brazos County requirements. Applicant agrees that lfBravos County demonsvrates a violation of the terms of this policy, Applicant stipulates that requisites for injunctive relief exist and that Brazos County is entitled to relief enjoining any conduct by applicant which is contrary to the policies. This permit is a revocable permit Brazos County reserves the right to revoke this pernrir at any time, in tire sale discretion of Brazos County, for interests of public health, safeq• or welfare, or for failure to repair any damages upon demand, or for any other reason deemed sufficient by Brazas County. In the event Company fails to comply with airy or all of the requirements as ser forth herein, the County may take such action as it deems appropriate to compel compliance. The County Engineer further retains the right to revoke this Permit by verbal notification to Cite Applicant/Cumpany. Failure to obtain this permit and /or notify the County Engineer's Office within 14 /tours of beginning construction shall constitute grounds for job shutdown. By signing below, I certify that i am authorized to represent the Company listed below, and that the Company agrees to the conditions /provisions included in this perm itl., /TRIG ON �a4✓'CCS Com any Nam r Fob �- Si�taturr UJa� ev TrYsrnsr_ cr Sr, ,o. Title J Sul} -s, 6700 Address hto-us SC 770 OA City State Zip Phone Number hoy FpWep -e 1401. Gnl*t Emai Vol. / %W - pg..2 4e 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 except as noted below: (MontlL'Dayi Year) EXCEPTIONS: n Brazos County En in r �c tore Title G M A JA. A41, ",'Ar 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. Pennittee 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. Peanittee shall not interfere with other utilities located in the right of way. In the event damages occur, permittee will be liable to the County or other utilities running through the right of way. 6. County Engineer shall determine whether or not permittee's plans shall inconvenience the public. If it is determined that inconvenience to the public exists, then the County Engineer will decide whether such project will be allowed or if an alternative exists so as not to inconvenience the public. B, Safety Requirements 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 mast 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 mast 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 shalt 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. rrafc Control Plan 1. A traffic control plan, pursuant to the TMUTCD or Engineered Traffic Control Plan must be provided for the following: a. Any construction (i.e. pit, excavation, hole) left open over night, requires specific nighttime traffic control measures pursuant to the 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 permit and kept at the job site any time work is being performed. Vol. /9G Pg. o'L�� 3. Plan must set forth the time of completion for the job. D. Design Standards 1. All overhead installations shall conform to clearance standards of the Texas Department of Transportation and the pole be placed in the designated area for power specified as set forth in the Texas Utilities Code, Section 181.045. 2. All pole installation (including lighting) shall be placed at the backside of the Right of Way to ensure safety to the public. Any pole placed in violation of this requirement will be required to be moved to the appropriate location at the company's expense. Exceptions may be approved by the County Engineer. 3. All underground installations shall (these are minimum depths — utility may place deeper): a. be placed at a minimum depth of forty-eight (48) inches below the top of the pavement; b. be at least thirty -six (36) inches below ditch flow line when installation is within the area measured from top of bank to top of bank; c. be at least forty -eight (48) inches below ditch flow line if low pressure gas or petroleum lines. For high pressure gas and petroleum lines, see High Pressure Pipelines requirements listed below; d. not be closer than ten (10) feet from the edge of pavement. Exceptions may apply in rights of way of less than 60'. 4. Water Lines: All water lines must be a minimum 36- inches below the ditch flow line and cased. Waterlines shall be cased if crossing under the roadway. 5. Utilities in all new developments that have 60 feet or greater of right of way shall be installed within designated locations based upon the.rype of utility. The locations shall be as follows: (measured from back of right -of -way). Power — 0 -2 feet, nominally 1' Phone - 211 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. 3above, however, the County Engineer or its designated representative will provide final approval of each utility location. 7. The length of any trench to be opened in advance, of the pipe, conduit or ducts may not be longer than 400' if left open over night or unattended. 8. Crossings under a county road shall: a. be bored orjacked. ABSOLUTELY NO OPEN CUTS WITHIN COUNTY ROAD PAVEMENT; b. be pressure grouted for the full length of the crossing if the annular space between pipe and casing and soil exceeds one (1) inch. Brazos County mast be given 24 hours notice of pressure grouting operations and have the opportunity to have an inspector on site to observe pressure grouting operations; c. TxDOT Standard Specification Item 476 shall be followed for all boring, jacking, tunneling and joints. 9. Bore Pits a. no pits shall remain open longer than 2 days; b. all pits shall have proper traffic control measures in place. See Traffic Control Plan listed above. c. pits shall NOT be located within ten (10) feet from the edge of pavement without prior approval 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. l9� Pg.� 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 Counry 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 backf lling. 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 due damage and replacing the right-of-way to the condition it was prior to commencing construction. 12. Operation of construction and/or maintenance equipment on the traveled surface of any improved County road will not be permitted, except in an instance whereby the laying, construction, maintenance and/or repair of cables, conduits and/or pole lines cannot be accomplished by any other method and in this event all such equipment shall be of the rubber tire variety. Appropriate traffic control shall be provided meeting TMUTCD requirements. 13. In the event said construction and/or maintenance and/or repair requires Company to remove, cut or jeopardize any section of the road (asphalt, cement, road base, etc), Company will be required to provide a performance bond or letter of credit securing necessary repairs. Said bond amount will be determined by the County Engineer. 14. The applicant shall submit a letter of "No Objection" from the Army Corps of Engineers for all designated wetlands and environmentally sensitive lands. E. Emergency work 1. In the event Company is required to perform emergency services, that requires excavation in a County Right of Way, and unable to notify the County Engineer prior to conducting emergency repairs, Company shall notify County Engineer within 24 hours of beginning construction/repairs. This will allow the County Engineer 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 jacilldes 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, sltall-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. / Y pg. .213 H. High Pressure Pipelines 1. All utility Permits for high pressure pipelines (generally 60 PSI or greater), whether pertaining to controlled access or non - controlled access installations, should contain the following additional information in the description of the permit. - diameter -wall thickness - material specification - minimum yield strength - maximum operation pressure of the pipeline 2. With the exception of the maximum operation pressure of the pipeline, this information is to be supplied for both the carrier pipe and the casing. 3. Assurance must also be given that the installation material and design meet the minimum Federal Safety Standards for Liquid and Gas Pipe Lines. Assurance must be provided on company letterhead and signed by an authorized representative of the company. 4. Petroleum Pipelines: Depth Tvpe of Pipeline (below deepest ditch tirade) Special Reouirements 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. __�_ P9• a N J aa H W � A Irx * §� J ua. o w1 a ro ro b §0 .e g * o v a � • yob +NI.a6 ♦ rr • �ro,Nnit N W miM Vf x I7 . ro,♦� IN,IwY} •',��u�iL.iy%�I�iFMS•N \INN \tlV'�'1°'+tlii \. i1,1 \V�\i1 �. II..In IYMI.gIO %� pg. /�' ai El I yN fwO F Q �s 0 g 0 o� N o � N pp.. WZ N �� "6� xyyB Ryy �g �$yj^�.kpp }y �5�'>Ec M $y��SSp3 yb�Ryy ��7 67aAa bFb�yySR bbF� a N J aa H W � A Irx * §� J ua. o w1 a ro ro b §0 .e g * o v a � • yob +NI.a6 ♦ rr • �ro,Nnit N W miM Vf x I7 . ro,♦� IN,IwY} •',��u�iL.iy%�I�iFMS•N \INN \tlV'�'1°'+tlii \. i1,1 \V�\i1 �. II..In IYMI.gIO %� pg. /�' ai El I yN fwO F Q �s 0 g 0 o� N o � N pp.. WZ N BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT: Road & Bridge MEETING DATE: January 28, 2014 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 and also along the south right of way of Harris Lane. Project will provide water to oil well. Site is located in Precinct 2. SUBMI "17rED BY: //" -34 � 4w� J V. Salvato Right of Way Agent This request is APPROVED BY: OR Commissioner Precinct 2 ❑ by Commissioners' Court Duane Peters, County Judge DATE: 194 Pg �2-1� 22 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 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 Depth Distance Bored Joked Driven Cnsed Harris Lane 4.100' NE of FM 2776 7845' NE of I'M 2776 On Surface 3.745' Harris Lane 60' 30" culvert Facility to Parallel County Road Within Right -Of -Way Road Name and Block Number From To Depth Distance Harris Lane 4.100' NE of FM 2776 7845' NE of I'M 2776 On Surface 3.745' CONS'T'RUCTION TYPE 10" Diameter Wall Thickness PROJECT WILL LAY 10" ALUMINUM Material Specification Aluminum Maximum Operation Pressure 50 PSI WATER LINE WITHIN AND ALONG THE SOUTH ROW FOR APPROX. 14 DAYS 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 14 working days. (COMPANY MUST FILL IN). If such construction is not begun by the 60i6 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 he entered upon and used by the holder and the holder will at all times assume risk of and indemnify, defend and save harmless Brazos County from and against any and all loss, damages, cost or %� pg. 21% 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 Companyfails 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 ali financial responsibility for damages and/or destruction of lines, cables, etc. bared upon its failure to comply with Brazos County requirements. Applicant agrees that if Brazos County demonstrates a violation of the terms of this policy, Applicant stipulates that requisites for injunctive relief exist and that Brazos County is entitled to relief enjoining any conduct by applicant which is contrary to the policies. This permit is a revocable permit. Brazos County reserves the right to revoke this permit at any time, in the sole discretion of Brazos County, for interests of public health, safety or welfare, or for failure to repair any damages upon demand, orfor any other reason deemed sufficient by Brazos County. In the event Company falls to comply with any or all of the requirements as set forth herein, the County may take such action as it deents appropriate to compel compliance. The County Engineer further retains the right to revoke this Permit by verbal notification to the ApplicanNCompany. Failure to obtain this permit and/or notify the County Engineer's Office within 24 !tours of beginning construction shall constitute grounds for job shutdown. By signing below, I certify that I am authorized to represent the Company listed below, and that the Company agrees to the conditions /provisions included in this permit. ye jr tit, FZe4t]uYtcs Company Name 'M ko U9010) «- B]A. -* Signature 0_ ge 54,11. Title 1OCD Lt>uist4 K�, 5� StAtLe- L-7DC) Address No"4 -0 V� T—Y 77 06 Z City State Zip 319-42 --L- 1(460 _ P one Number ki D112Fo31-r At, I• Lc, Ema l: Pg. „Z /� 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 " Z3- 2Bi C/ except as noted below: (Month/Day/Year) EXCEPTIONS: L72ivE 1)4 d c-r R6 e-,+Z U A< Sr-- ?!J ATArE LSNF /Cwt✓ Title 7V0, 2— 9� pg. Wiwi a ' 'z ` ` . Nti r r *J ,je5'- ��v� � , ��q�,(/y�vv � F ♦� 4 r. r + a ,t�r l"?�i�'�r,`�,� .. a 'F• a >/j�°.� kJ• 4 j ry iA rTity., `3'r,i'�'a ��KaS'.Yb /nl�rm 4 f •. a b+. n .. (it 5 Y`44 �r "^ I •" .'� ySt /.Y1T IW l� l` �°°V`ct '� v« F • r � �'r�iSlj'Gi`1!; ' �(tj�fyN1/ ,�i,�, �.,��l�r�.�.,y��,�, ty¢��.. ` "°"a'AP� ��Y" 'may, • `b•'.�,+"��5�'"�?ys.�'","��""' �.'�.�t� �0 -:.!: vt 1. jl`;1�. w�', i.. 7t�-h' 1.1C Y ! u':li�c.d��.. "� -I hn �. -:'"�. � `�r''E �' .' ;+e;t+✓- �'li�IX','S.�'�t'., �L e.. "id% t4 `;le, yAry s }lam{ F F hl V, ♦ Y1 , n •,� � II �� {v ��'�',�,�,'�`+v'�t�t�ks �,�J�+ +rlFb yp�`� }yr�'�� p8'yrjv�^'n �1 .,{i �t +4 �.ti7re'.��•'ei i. ..Y'r �}Iw'?� i.f'�k'^v ��"�'��+YI'iFtA"FSt; 1. �t X u IK „. � Y��._ a^::• �iY r.% BRAZOS COUNTY ROADWAY SAFETY AND ROAD PRESF,RVATION "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. Pertrtittee 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 permiuce 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. Permitter: 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 permittec's plans shall inconvenience the public. If it is determined that inconvenience to the public exists, then the County Engineer will decide whether such project will be allowed or if an alternative exists so as not to inconvenience the public. B. Safety Requirements 1. Proper traffic control measures must be put in place prior to beginning work and remain in place during the duration of the job. All traffic control measures must follow the Texas Manual of Uniform Traffic Control Devices ( TMUTCD). See Traffic Control Requirements below. 2. During construction, all safety regulations of the Texas Department of Transportation shall be observed. 3. Pcrmittee 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) left open over night, requires specific nighttime traffic control measures pursuant to the TMUTCD; b. If const action 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 permit an performed. Vol. / ?4 pg. A af- 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 fighting) shall be placed at the backside of the Right of Way to ensure safety to the public. Any pole placed in violation of this requirement will be required to be moved to the appropriate location at the company's expense. Exceptions may be approved by the County Engineer. 3. All underground installations shall (these are minimum depths — utility may place deeper): a. be placed at a minimum depth of forty -eight (48) inches below the top of the pavement; b. be at least thirty-six (36) inches below ditch flow line when installation is within the area measured from top of bank to top of bank; c. be at least forty -eight (48) inches below ditch flow line if low pressure gas or petroleum lines. For high pressure gas and petroleum lines, see High Pressure Pipelines requirements listed below; d. not be closer than ten (10) feet from the edge of pavement. Exceptions may apply in rights of way of less than 60'. 4. Water Lines: All water lines must be a minimum 36- inches below the ditch flow line and cased. Waterlines shall be cased if crossing under the roadway. Utilities in all new developments that have 60 feel 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 [Wanner 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 the crossing if the annular space between pipe and casing and soil exceeds one (1) inch. Brazos County must be given 24 hours notice of pressure grouting operations and have the opportunity to have an inspector on site to observe pressure grouting operations; c. TxDOT Standard Specification Item 476 shall be followed for all boring, jacking, tunneling and joints. 9. Bore Pits a. no pits shall remain open longer than 2 days; b. all pits shall have proper traffic control measures in place. See Traffic Control Plan listed above. c. pits shall NOT be located within ten (10) feet from the edge of pavement without prior approval from the County Engineer or his representative; d. when pits are to remain open for more than 8 hours, due diligence will be used in protecting the spoil pile to prevent drainage problems; VOL 9� Pg. otz)t c. 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 tithes 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 ribber 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 hour's 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. H. High Pressure Pipelines 1. All utility Permits for high pressure pipelines (generally 60 PSI or greater), whether pertaining to controlled access or non - controlled access installations, should contain the following additional information in the description of the permit. diameter -wall thickness - material specification - minimum yield strength - maximum operation pressure of the pipeline 2. With the exception of the maximum operation pressure of the pipeline, this information is to be supplied for both the carrier pipe and the casing. 3. Assurance must also be given that the installation material and design meet the minimum Federal Safety Standards for Liquid and Gas Pipe Lines. Assurance must be provided on company letterhead and signed by an authorized representative of the company. 4. Petroleum Pipelines: Depth Type of Pipeline (below deepest ditch grade) Special Requirements Encased Pipe Less than 10' Must be covered with concrete pad at least 36 "deep Encased Pipe Greater than 10' No concrete pad required Non -Cased Pipe Less than 10' Must be covered with concrete pad at least 48 "deep Non -Cased Pipe Greater than 10' No concrete pad required The Concrete pad shall be minimum of 3" thick and width shall be pipe diameter plus 18" minimum. 5. Under no circumstances will a pipeline be installed parallel to a County Road within the Right -of- Way. Transmission lines have been determined to be petroleum pipelines (which includes natural gas lines) and shall not be parallel to a County Road. 6. Natural Gas Distribution is a line that serves the final customer. s, m1YY16 . J M�IbV�S S\ R .^lam 1 N TE1A his io$ �6Fi o} °T6sde� FabcTkH o D ! k� �T} i Tlisi�bji�� b{ §b tT jC T Y JJM MI Y[, Epa& -- minwt t l i�tt3�s $ k all pbE Bbi .eJW :"'b Sn HEe�i •, 1 Y 11 /I W i �J vin Jgl.pp a_ — Y/ Jg11Wt __ JroIsArY _ _ VL e1 g . IN ••A11 iN lq_/ W01 JN• � As a s " w" i!! 1L^ Jt, �J !'�°{W�,ixJ�{�iil•J�.�i�.�.•.l, "hY .li'd3i1..1 J..le^' 1YYYYVUY Vol. A =p N � O — VoCC W O U U L w � u 3 W O N J o O O _ x � � N D N � N Y t] N � O �a i G cOp 421 ♦+O .Cy1 L � In L: as�x��8� tee a '---- �'li: g�Fy:y�by �pp�y�y � R�L9 gA bsb SS.-C 3 '1c�s c s, m1YY16 . J M�IbV�S S\ R .^lam 1 N TE1A his io$ �6Fi o} °T6sde� FabcTkH o D ! k� �T} i Tlisi�bji�� b{ §b tT jC T Y JJM MI Y[, Epa& -- minwt t l i�tt3�s $ k all pbE Bbi .eJW :"'b Sn HEe�i •, 1 Y 11 /I W i �J vin Jgl.pp a_ — Y/ Jg11Wt __ JroIsArY _ _ VL e1 g . IN ••A11 iN lq_/ W01 JN• � As a s " w" i!! 1L^ Jt, �J !'�°{W�,ixJ�{�iil•J�.�i�.�.•.l, "hY .li'd3i1..1 J..le^' 1YYYYVUY Vol. A =p N � O — VoCC W O U U L w � u 3 W O N J o O O _ x � � N D N � N Y t] N � O �a i G cOp 421 ♦+O .Cy1 L � In L: BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT: Road & Bridge MEETING DATE: January 28, 2014 SUBJECT: Utility Permit — Wickson Creek Special Utility District Consider and take action on the Wickson Creek S.U.D. utility pert-lit to construct 1 '/2" road bore under Hudspeth Road. This project will provide water service to customer at address #9618. Site is located in Precinct 2. SUBMITTED BY: K/- I Jo . Salvato Right of Way Agent This request is APPROVED BY: dQ5;-- Sammy .atalena Commissioner Precinct 2 DENIED 0 by Commissioners' Court Duane Peters, County Judgc DATE: /AL%�L4 _ - ---- - -- 23 TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS Pursuant to the Texas Utility Code, Section 181.024, comes now LIirkenn r•rppk SUD [company name], hereinafter referred to as "Company" a Texas Utility [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 Faeility to Parallel County Road Within Right -Of -Way CONSTRUCTION TYPE 1- Diameter Wall Thickness 1 1/2" Encasement Pipe Material Specification PVC Maximum Operation Pressure 80 PSI The location and description of the proposed installation and appurtenances must be fully shown on the attached detailed drawings. The Company shall commence actual construction /work in good faith within 60 days from the date of said permit and shall complete said construction /work within —_ working days. (COMPANY MUST FILL IN). If such construction is not begun by the 60di 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 Vol' .. / 9C —. P9._�Z� I expense arising in any manner on account of the exercise or attempted exercise by said bolder 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 permir 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 responsibility for damages and/or destruction of lines, cables, etc. based upon its failure to comply with Brazos County requirements. Applicant agrees that if Brazos County demonstrates a violation of the terms of this policy, Applicant stipulates that requisites for injunctive relief exist and that Brazos County is entitled to relief enjoining any conduct by applicant which is contrary to the policies. This permit is a revocable permit. Brazos County reserves the right to revoke this permit at any time, in the sole discretion of Brazos County, for interests of public health, safety or welfare, or for failure to repair any damages upon demand, or for any other reason deemed sufficient by Brazos County. In the event Company fails to comply with any or all of the requirements as set forth herein, the County may take such action as it deems appropriate to compel compliance. The County Engineer further retains the right to revoke this Permit by verbal notification to the Applicant/Company. Failure to obtain this permit and/or notify the County Engineer's Office within 24 hours of beginning construction shall constitute grounds for job shutdown. By signing below, I certify that 1 am authorized to represent the Company listed below, and that the Company agrees to the conditions /provisions included in this permit. wT(,xSnN r.RFFx caFrTnr rtTrrTTY DISTRICT Company Name By. Signature CENFonr MANA,FR Tide 8770 HWY 21 F P_O_ Box 4756 Address Bryan TX 77808 City State Zip (979) 589 -3030 Phone Number watson@wicksoncreek.com Email: Vol. r! pg. WATER UTILITY APPROVAL Brains 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 Of — 425- 1011� except as noted below: (Montb/Day/Year) EXCEPTIONS: JwNE ,�c�y i2tyw�C Brazos Cou nty Engineer cure Jae rM6nrT Title Vol. / 14pe Pg._4,ZAZ �(\ $ °§ \ f \/ \ ° ƒ? . % m � m f w { % � \ \ . . �. \\ 2 \ � . � l �• ƒ / » \) © i BRAZOS COUNTY ROADWAY SAFETY AND ROAD PRESERVATION STANDARDS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY A. General Requirements 1. Adequate drainage shall be maintained in ditches at all times. 2. Permittee will use best management practices ( "BMP ") (EPA and TCEQ both provide lists of examples of BMPs) to minimize erosion and sedimentation resulting from the proposed installation. 3. The permittee shall take precautions to avoid damage to property. All County Right of Way and property shall be restored to its original condition, as far as practical, in the opinion of the County Engineer or appointed representative. 4. The construction and maintenance of such utility shall not interfere with the property or rights of a prior occupant. 5. Permittee shall not interfere with other utilities located in the right of way. In the event damages occur, permittee will be liable to the County or other utilities running through the right of way. 6. County Engineer shall determine whether or not permittee's plans shall inconvenience the public. If it is determined that inconvenience to the public exists, then the County Engineer will decide whether such project will be allowed or if an alternative exists so as not to inconvenience the public. B. Safety Requirements 1. Proper traffic control measures must be put in place prior to beginning work and remain in place during the duration of the job. All traffic control measures must follow the Texas Manual of Uniform Traffic Control Devices ( TMUTCD). See Traffic Control Requirements below. 2. During construction, all safety regulations of the Texas Department of Transportation shall be observed. 3. Permittee must take such precautions and measures, including placing and displaying safety devices, as may be necessary, in order to safely conduct the public through the project area. Company shall provide flagmen, signs, signals or devices necessary to provide complete safety to the public. 4. Adequate provisions must be made to cause minimum inconveniences to traffic and adjacent property owners. 5. No cable, conduit and/or pole line shall be laid, constructed, maintained and /or repaired so as to constitute a danger or hazard of any kind to persons or vehicles using such road. Any poles placed in the Right of Way for future installation shall be placed at the back of the Right of Way. Exceptions may be approved by the County Engineer. C. Traffic Control Plan 1. A traffic control plan, pursuant to the TMUTCD or Engineered Traffic Control Plan must be provided for the following: a. any construction (i.e. pit, excavation, hole) left open overnight, requires specific nighttime traffic control measures pursuant to the TMUTCD; b. if construction is within ten (10) feet efthe roadway a c. any work performed in the road righ�pf way; y/ F J� 2. Plan must be attached to the permit and kept at the job site any time work is being performed. 3. Plan must set forth the time of completion for the job. D. Design Standards 1. All overhead installations shall conform to clearance standards of the Texas Department of Transportation and the pole be placed in the designated area for power specified as set forth in the Texas Utilities Code, Section 181.045. 2. All pole installation (including lighting) shall be placed at the backside of the Right of Way to ensure safety to the public. Any pole placed in violation of this requirement will be required to be moved to the appropriate location at the company's expense. Exceptions may be approved by the County Engineer. 3. All underground installations shall (these are minimum depths — utility may place deeper): a. be placed at a minimum depth of forty -eight (48) inches below the top of the pavement; b. be at least thirty -six (36) inches below ditch flow line when installation is within the area measured from top of bank to top of bank; c. be at least forty -eight (48) inches below ditch flow line if low pressure gas or petroleum lines. For high pressure gas and petroleum lines, see High Pressure Pipelines requirements listed below; d. not be closer than ten (10) feet from the edge of pavement. Exceptions may apply in rights of way of less than 60'. 4. Water Lines: All water lines must be a minimum 36- inches below the ditch flow line and cased. Waterlines shall be cased if crossing under the roadway. 5. Utilities in all new developments that have 60 designated 'locations based upon the type from back of right -of -way). Power — 0 -2 feet, nominally P Phone — 2 -4 feet, nominally 3' Gas — 4 -6 feet, nominally 5' Cable -6 -8 feet, nominally 7' feet or greater of right of way shall be installed within of utility. The locations shall be as follows: (measured 6. Utilities with less than 60 feet right -of -way in all new developments shall install the utility in a similar manner as referenced in No. 3 above, however, the County Engineer or its designated representative will provide final approval of each utility location. 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 the crossing if the annular space between pipe and casing and soil exceeds one (1) inch. Brazos County must be given 24 hours notice of pressure grouting operations and have the opportunity to have an inspector on site to observe pressure grouting operations; c. TxDOT Standard Specification Item 476 shall be followed for all boring, jacking, tunneling and joints. Vol. 9. Bore Pits .a. no pits. shall remain.open longer than 2_days; ... .__ b. all pits shall have proper traffic control measures in place. See Traffic Control Plan listed above. c. pits shall NOT be located within ten (10) feet from the edge of pavement without prior approval from the County Engineer or his representative; d. when pits are to remain open for more than 8 hours, due diligence will be used in protecting the spoil pile to prevent drainage problems; e. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity; f. based upon soil conditions, the County Engineer or his representative may require pits be placed further from the edge of road. 10. Any installation within ten (10) feet of edge of pavement shall meet the following: a. location must be approved by the County Engineer or his representative b. backfilled with cement stabilized material. c. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity. d. all excess water and mud shall be removed from the trench prior to backfilling. Any backfill placed during a rainy period or at other times where excess water cannot be prevented from entering the trench will be considered TEMPORARY and shall be replaced with PERMANENT cement stabilized material as soon as weather permits; e. all disturbed base and pavement materials shall be removed and restored to the satisfaction of the County Engineer or his representatives. f. no side or lateral tamping to fill voids under the base and pavement materials is allowed. 11. Company must be careful to not jeopardize the slope or integrity of the shoulder of the road. In the event Company damages the slope, shoulder or any other portion of the right -of -way, Company will be responsible for repairing the damage and replacing the right -of -way to the condition it was prior to commencing construction. 12. Operation of construction and/or maintenance equipment on the traveled surface of any improved County road will not be permitted, except in an instance whereby the laying, construction, maintenance and/or repair of cables, conduits and/or pole lines cannot be accomplished by any other method and in this event all such equipment shall be of the rubber tire variety. Appropriate traffic control shall be provided meeting TMUfCD 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 he required to provide a performance bond or letter of credit securing necessary repairs. Said bond amount will be determined by the County Engineer. 14. The applicant shall submit a letter of "No Objection" from the Army Corps of Engineers for all designated wetlands and environmentally sensitive lands. E. Emergency work 1. In the event Company is required to perform emergency services, that requires excavation in a County Right of Way, and unable to notify the County Engineer prior to conducting emergency repairs, Company shall notify County Engineer within 24 hours of beginning construction /repairs. This will allow the County Engineer's Office an opportunity to inspect the site to ensure the integrity of the County Right of Way and traffic safety controls used. Vol. F. Repairs to existing jaeili ies 1. Maintenance and/or repair to existing cables, conduits, and /or pole lines which require disturbance of the soil, shall not be performed until plans describing such maintenance and/or repair have been approved by the County Engineer or its designated representative and a permit has been obtained. G. Relocation of utilities When and if the County Engineer determines that it is necessary for the construction, repair, improvement, alteration or relocation of all or any portion of said road, any or all poles, wires, pipes, cables or other facilities and appurtenances authorized hereunder, shall be removed from said road, or reset or relocated thereon, as required by the County Engineer within a reasonable time as determined by the County Engineer and Utility Company, and at the expense of the Utility Company. H. High Pressure Pipelines 1. All utility Permits for high pressure pipelines (generally 60 PST 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. 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 Tvve of Piueline (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. ��— Pg. 'e7 jS 6 N ii55l fix) °Y Sgt tit k t e iti Ali F, oil jjiom cm. fit IR §5 jU J WTI 6 6 At 8 0 § E°Tbs F %gT ilg kIm ti �tFa I d �� ! 12TIN - •- •- •- t §F- -- -- wl,k -., :gal. •- •- •-- -- •- --- ...--- -9 -y�- L •, v. Jam° rX` BS� '��• c S wl W n A. • ibA p z rc 1 C —i�-.. — — — — — — — — — -- — ,�— — — — — — r ... w /MI•WS E�t� JNImVy � �;6 � .p+OfJOlx 07>] Mesa 6;ilavild ! b w•uX - k,#V•'MJfIX a�jhEEtR3��$� $8� �T_fi bcBFYRS °RK Y9 file F�Fk�e kSA4i£�pp INllfdlt JNI�Wi a a- - - - - - - - s x 6 N ii55l fix) °Y Sgt tit k t e iti Ali F, oil jjiom cm. fit IR §5 jU J WTI 6 6 At 8 0 § E°Tbs F %gT ilg kIm ti �tFa I d �� ! 12TIN - •- •- •- t §F- -- -- wl,k -., :gal. •- •- •-- -- •- --- ...--- -9 -y�- L •, v. Jam° rX` BS� '��• c S wl W n A. • ibA p z rc 1 C —i�-.. — — — — — — — — — -- — ,�— — — — — — r ... w /MI•WS E�t� JNImVy � �;6 � .p+OfJOlx 07>] Mesa 6;ilavild ! b 'F:.i��ilJriG�N7�°.iN bSii.�'+i �i:W1�•�J�,l'•:E°Ra i.�....+•1. .i.rvl �e.. nlnlnnla `__- .__... ♦ F: / /&/ o. r p V O Q N {t) C 6 ZZZ� O� F N V w•uX - k,#V•'MJfIX INllfdlt JNI�Wi a a- - - - - - - - JNI�11 'F:.i��ilJriG�N7�°.iN bSii.�'+i �i:W1�•�J�,l'•:E°Ra i.�....+•1. .i.rvl �e.. nlnlnnla `__- .__... ♦ F: / /&/ o. r p V O Q N {t) C 6 ZZZ� O� F N V BRAZOS COUNTY, TEXAS BUDGET AMENDl11ENT(S) FOR THE 2013 -2014 BUDGET YEAR NO. 13/14 16.1 On this the 28th day of January 2014 at a regular meeting of the Commissioners' Court, the following members were present: A. Duane Peters, County Judge, Presiding B. Lloyd Wassermann, Commissioner, Precinct I C. Sammy Catalena, Commissioner, Precinct 2 D. Kenny Mallard, Commissioner, Precinct 3 E. Irma Cauley, Commissioner, Precinct 4 F. Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on 28th day of January 2014 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 28th day of January 2014. THE COMMISSIONERS COURT OF BR ZOS COUNTY, TEXAS. By: Duane Peters, County Judge Original: County Clerk's Office and Attached to the original budget Copies: County Auditor County Treasurer County Budget Officer Commissioners' Court Minutes %i pg..2 37 Z6 of funds to -- - -BRAZ CQUNTY, TEXAS ..... BUDGETAMENDMENTS No. 13114. 16.1 Vol. - 9e Pg. a� PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: January 28, 2014 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 Brazos Center S.O. Jail Burgess, Bo Sparks, Telecia Townsend, Christopher Approved in Commissioners' Court: Janus 2 201 . County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) New Hire Transfer w /in Dept. Step Increase /i4 Pg.�39 Laura Taylor Davie Brazos County Treasurer 1davis6co.braxoe.tx.3Ae DATE: January 16, 2014 TO: Hon. Duane Peters, County Judge Han, Lloyd Wassermann, Commissioner Han. Sammy Catalina, Commissioner Hon. Kenny Mallard, Commissioner Han. Irma Couley, Commissioner Candy Gallego, Administrative Assistant FROM Laura Taylor Davis, County Treasurer RE: Quarter Ending 12/31/2013 Investment Report 200 S. Texas Avenue, Ste 240 Bryan, Texas 77808 Tel: 876361 -4846 ED Z� Duane Peters Date County Judge This report is made in accordance with provisions of 6ov.Code 2256, The Public Funds Investment Act, which requires quarterly reporting of investment transactions to the Commissioners' Court. The Brazos County Investment portfolio earned on average yield of 0.0433% on the quarterly average balance of $2,351,125.61 invested with TexPool for the period ending 12/31/2013. Investment interest deposited during the quarter was $259.89. Actual ending balance for December 31, 2013 was $2,351,203.61. The average rate of interest earned on the depository checking account balances for the quarter ending 12/31/2013 was 0.25% netting $43,415.37 on an average depository investable balance of $68,870,396.16. Total FY2014 interest earned: $43,675.26 Investment Strategy The Brazos County Investment Strategy will remain unchanged, keeping investments very short- termed 6 liquid. With the safety of principal as the foremost objective of the County's investment policy followed by liquidity and yield - it seems prudent to continue keeping the majority of available funds in the County's depository where all funds are 110% collateralized. For diversification the County has on investment account with TexPool that provides the safety of an overnight market. / % C wy?) - 31 Summary of Portfolio Changes The deposit of interest is the only portfolio change to balances at this time and the Weighted Average Maturity of investments remains at 1 day due to the liquidity of funds invested with TexPool and on deposit at CitiBank of Texas FY 2014 INTEREST RATES AND EARNINGS BY MONTH Attached are the following reports: 1) Cost Amount Summary of Investments by Fund 2) TexPool Quarter End Activity Report 3) Investments by Fund Group and Strategy Type To the best of our knowledge the investment portfolio in this report conforms in all respects to the Investment Policy of Brazos County and is being managed under the investment strategy of said policy as approved by the, ommission s Court of Brazos County. Laura Taylor Davis, I unty Treasurer, CIO Date 121 Ili, l erri White, Chief Deputy Treasurer, CIO Date TexPool Interest Cking Acct Earnings Interest Rate Interest Credit Rate October 2013 99.51 0.0500 13,899.45 0.2500 November 2013 86.16 0.0400 13,623.40 0.2500 December 2013 74.22 0.0400 15,892.52 0.2500 Q/E 12/31/2013 259.89 0.0433 43,415.37 0.2500 Attached are the following reports: 1) Cost Amount Summary of Investments by Fund 2) TexPool Quarter End Activity Report 3) Investments by Fund Group and Strategy Type To the best of our knowledge the investment portfolio in this report conforms in all respects to the Investment Policy of Brazos County and is being managed under the investment strategy of said policy as approved by the, ommission s Court of Brazos County. Laura Taylor Davis, I unty Treasurer, CIO Date 121 Ili, l erri White, Chief Deputy Treasurer, CIO Date O Pg.-? .;- LO M LO O G N r yy Y ro V Q1 C_ .ro G N �y U 'C CL d m ro L y N t 9 c ro M N p a K 00 a d H O N E d aC+ 5 � � M U O 0 R N O C N C Ed O E y d lu L w > C O _ yyroy d N N ro u m > c m � •- N a ro E ro 8 C — N L 'D IL G d w O N N y LL ~ N 3 v > x aCi O � F Pg.-? .;- TEXPOOL QUARTER ENDING 12131/2013 ACTIVITY REPORT FUND 1 - POOLED FUND GROUP DATE DESC. GENERALFU D TOTAL Ja09 / ,30/43 B. '.. CEaWj �$ • 2495.M- i92 $ 99.5 10 3 13 October Interest $ X1,0,: 17A 5 1 4374.331 $ 11/30/13 November Interest $ 86.16 1.30/0.3 ovvaniberBalettce $ 35,1 . �9.159� $ 74.22 1t$ $ S 2=351;129 58f 12/31/13 December Interest X12(311, 3 �December�<3a(anc "e �$$ X2535,1 =2. :81 ;$ , ? ; $1;203:81'? FVC, ! /�( Pg. i INVESTMENTS BY FUND GROUP AND STRATEGY TYPE FUND 1 • POOLED FUND GROUP General Fund $ 2,351,203.81 Health Endowment Fund $ State Lateral Road $ Courthouse Security $ S te9 iYpB Q ` ING;FU.NA._ Sam $' 2; AV, 94!8? General Obligaticri Debt Svc. $ Stiaieg TT Pe• DEB SERVICE@ FUNDS General Permanent Impv. $ Exposition Center Fund $ StFafegy�T,ype"; _ PECI�1N r�P�F�QJ:� &�ERM.JMPV�DEB� $. F„t7rjc11[- GrcjujiT.otal 2��b1,�203�8 BOOK VALUE OF ALL INVESTED FUNDS FOR DECEMBER 2013 $ 2,351,203.81