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HomeMy WebLinkAbout2014-04-29 100AM REGULAR MEETNGI: 7� ►/ [/ �Y K /I IJ I, I I J I J BRYAN,TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON APRIL 29, 2014 AT 10:00 AM IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVE., SUITE 106, BRYAN, TX 77803 1. Invocation and Pledge of Allegiance - U.S. and Texas Flag - Chaplain G.H. Jones and Commissioner Wassermann. 2. Call for Citizen input and /or concerns. Consider and take action on agenda items 3 - 22: 3, Proclamation 14-022 proclalming the month of April 2014 as Child Abuse Prevention Month. 4, Resolution 14-004 supporting the submission of application by the Downtown Bryan Association for the creation of the Downtown Bryan Cultural District. 5. Resolution 14 -006 for Brazos County Juvenile Services to participate In the DelinauencvlTruancy Prevention Program. 6, Resolution 14 -006 in support of a constitutional amendment for increased state funding for transportation. 7. Approval of out of state travel for Michele Meade to travel to the Interrnedix (WebEOC) Summit In Miami FL. Dates of travel will be May 20th - 23rd. 2014. 8. Approval of Revised Job Description for Business Manager (Class 1855 and Position 1) for Juvenile Division 31000100. 9, Approval of Job Description for Clerk Temp 1040hrs (Class code 1713 Postion 3) for District Clerk. 10. Approval of Motor Vehicle License Registration Agent Agreement between Brazos County, the Brazos County Tax Assessor - Collector, and HEB Grocery Company, LP. 11. Discuss and take Possible action on Commodity (USDA Foods) Agreement with the Texas Department of Agriculture. Vol. 201 Pg. 12. Consider and take action to "no award" bid contract # 2014.49 I &GN Road Culvert Replacement 13. Award of bid contract #201451 Motor Grader Blades - Readverstisement 14. Approval of capital requisition #00046923 to Dallas Dodge in the amount of $22.870.00 for the S.O. to replace a wrecked vehicle. 15. Tax Refund Applications for the following: • a. James & Gloria Mitchell-overpayment-$19.46 • b. Tony Nguyen-overpayment-$38.70 • c. Harmon D. & Geri W. Moore - payment in error4423.40 16. Budget Amendments. Budget Amendments FY 14 29.1 thru 29.6 17. Capital reguisition #00046914 to Comfort Systems USA in the amount of $438.992.00 for the Brazos Center AHU Rebuild protect 18. Capital reguisition #00046916 to Visual Pro 360 in the amount of $18.376.00 for I.T. to purchase four replacement Touahbook's. 19. Personnel Change of Status. Personnel Action Forms 20. Payment of Claims. 21. Convene into Executive Session pursuant to Section 551.087 to discuss and deliberate economic development negotiations. 22. Consider and possible action on the Executive Session. 23. Acknowledgement of the Annual Jail Inspection Report. 24. Sheriffs report on inmate population. 25. Announcement of interest items and possible future agenda topics. 26. Call for Citizen input and /or concerns. 27. Adjourn. Vol.-201 Pg. /Y/ PUBLIC COMMENTS Public Comment during the Commission Meeting may be for all mattem, 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 16 of the Texas Constitution. As a Constitutional Court, the Brazos County Commissioners Court also possesses the power to issue a Contempt of Court Citation under Section 81.024 of the Texas Local Government Code. Accordingly, members of the public in attendance at any Regular, Special and/or Emergency meeting of the Court shall conduct themselves with proper respect and decorum in speaking to, and/or addressing the Court; in participating in public discussions before the Court; and in all actions in the presence of the Court Those members of the public who are inappropriately attired and/or who do not conduct themselves in an orderly and appropriate manner will be ordered to leave the meeting. Refusal to abide by the Courts Order and/or continued disruption of the meeting may result in a Contempt of Court Citation. It is not the intention of the Bmos County Commissioners Court to provide a public forum for the demeaning of any individual or group. Neither is it the intention of the Court to allow a member (or members) of the public to insult the honesty and/or integrity of the Court, as a body, or any member or members of the Court, or County employees, individually or collectively. Accordingly, profane, insulting or threatening language directed toward the Court and /or any person in the Court's presence andlor racial, ethnic or gender slurs or epithets will not be tolerated. Violation of these miss 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 priorto the meeting. During the public comment period, speakers may address matters not listed on the published agenda, The Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court. However, responses from the County Judge or Commissioners to unlisted public comment topics could become deliberation on a matter without notice to the public. To ensure the public has notice of all matters the Commissioners Court will consider, the County Judge and/or Commissioners may choose not to respond to public comments, except to correct factual inaccuracies, recite existing policy in response to an inquiry or to ask that a matter be listed on a future agenda. See Texas Open Meetings Act ? 551.042. INVOCATION Any invocation that may be offered before the official start of the Court meeting shall be to and for the benefit of the Court. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Court and do not necessarily represent the religious beliefs or views of the Court in part or as a whole. No member of the community is required to attend or participate in the invocation and such decision will have no impact on their right to actively participate in the business of the Court. The Commissioners Courtroom of the County Administration Building, 200 South Texas Ave., Suite 106, Bryan, TX 77603 is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two working days before the meeting. To make arrangements, please call (979) 361.4102. Vol. 201 Pg. / � 4V BRAZOSCOUNTY BRYAN,TEXAS MINUTES April 29, 2014 BRAZOS COUNTY COMMISSIONERS COURT REGULAR MEETING E Signature Page.pdf L File Stamped Agenda.0 L's Sign in sheet.pdf A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Brazos County Commissioners Courtroom in the Administration Building, 200 South Texas Avenue, in Bryan, Brazos County, Texas, beginning at 10:00 a.m. on Tuesday, April 29, 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. 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 Wassermann. Call for Citizen input and/or concerns. There was no citizen's input. Consider and take action on agenda items 3 - 22: Vol. 201 Pg. � .J' 3. Proclamation 14 -022 proclaiming the month of April 2014 as Child Abuse Prevention Month. e Item 3. f The County Judge read aloud Proclamation #14 -022 designating the month of April 2014 as "Child Abuse Prevention Month ". The Court urges all citizens to work together to help reduce child abuse and neglect significantly in the years to come. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann . 4. Resolution 14 -004 supporting the submission of application by the Downtown Bryan Association for the creation of the Downtown Bryan Cultural District. U Item 4.odf The Court voted unanimously to adopt a Resolution in support of designating a cultural district in downtown Bryan to develop a public - private partnership to support said district. An application to the Texas Commission on the Arts petitioning for the designation of said cultural district will be submitted. Motion: Approve, Moved by County Judge Duane Peters, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann. 5. Resolution 14 -005 for Brazos County Juvenile Services to participate in the Delinquency/Truancy Prevention Program. L Item 5.vd( The Court unanimously adopted a Resolution authorizing submission of a grant application for the Delinquency/Truancy Prevention Program to the office of the Governor, Criminal Justice Division. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . 6. Resolution 14-006 in support of a constitutional amendment for increased state funding for transportation. C Item 6.Ddf The Court voted unanimously to adopt a Resolution supporting the proposed amendment on the November 4, 2014 ballot to address Texas' transportation infrastructure needs. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . Approval of out of state travel for Michele Meade to travel to the Intermedix (WebEOC) Summit in Miami, FL. Dates of travel will be May 20th - 23rd, 2014. L Item TO Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann. 8. Approval of Revised Job Description for Business Manager (Class 1855, and Position 1) Vol. 201 Pg. /If',/, for Juvenile Division 31000100. Item 8.0 f A copy of the job description 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. 9. Approval of Job Description for Clerk Temp 1040hrs. (Class code 1713, Position 3) for District Clerk. 1: Item 9.0 f A copy of the job description 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. 10. Approval of Motor Vehicle License Registration Agent Agreement between Brazos County, the Brazos County Tax Assessor - Collector, and HEB Grocery Company, LP. L Item 10.Dd( A copy of the Agreement is attached. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . 11. Discuss and take possible action on Commodity (USDA Foods) Agreement with the Texas Department of Agriculture. V- Item 11.0 Term of the Agreement is from July 1, 2014 until terminated by one or both parties. A copy is attached. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley , Mallard , Peters , Wassermann . 12. Consider and take action to "no award" bid contract # 2014 -49 I &amp;GN Road Culvert Replacement. U Item 12.Ddf Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley , Mallard , Peters , Wassermann . 13. Award of bid contract #2014 -51 Motor Grader Blades - Readverstisement IZ Item 13.0 f The Court accepted as submitted the recommendation of the Purchasing Agent and awarded Bid Contract 2014 -51. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . Commissioner Wassermann and Commissioner Catalena amended their motion and Vol. 201 Pg. / S:5-- second to include the name of Valk Manufacturing as the winner of the bid. A copy of the bid tabulation sheet is attached. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . 14. Approval of capital requisition #00046923 to Dallas Dodge in the amount of $22,870.00 for the S.O. to replace a wrecked vehicle. L: Item 14.pdf Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . 15. Tax Refund Applications for the following: = Item 15.pdf • a. James & Gloria Mitchell- overpayment - $19.46 • b. Tony Nguyen- overpayment - $38.70 • c. Harmon D. & Geri W. Moore - payment in error - $423.40 Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters . Wassermann . 16. Budget Amendments. Budget Amendments FY 14 29.1 thru 29.6 LP Item 16.0 29.1 Transfer funds from Non - Departmental to SO Administration 29.2 Reallocate funds for Capital Projects. 29.3 Reallocate funds for IT Services 29.4 Reallocate funds for Capital Projects 29.5 Transfer funds from General Fund Contingency to Facilities Service 29.6 Transfer funds from General Fund Contingency to Capital Improvement Fund. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley , Mallard , Peters , Wassermann . 17. Capital requisition #00046914 to Comfort Systems USA in the amount of $438,992.00 for the Brazos Center AHU Rebuild project. LI'a Item 17.pdf Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . 18. Capital requisition #00046916 to Visual Pro 360 in the amount of $18,376.00 for I.T. to purchase four replacement Toughbook's. L" Item 18.pdf Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . Vol. 201 Pg. 1'5�2 19. Personnel Change of Status. Personnel Action Forms r` Item 19.odf 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. 20. Payment of Claims. L- Claims Sheetodf Sian in sheeLOdf 7120837 through 7121057 Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . 21. Convene into Executive Session pursuant to Section 551.087 to discuss and deliberate economic development negotiations. At this point, the County Judge announced the Court would consider items 23 through 26 then return to convene into Executive Session. Having considered the previously noted agenda items, at 10:17 a.m. the County Judge closed the meeting to the public. He asked that the following individuals stay for the session: Candy Gallego, Executive Assistant Bill Ballard, Civil Counsel Katie Conner, Auditor Nina Means, Budget Analyst Bob Malaise, Research Valley Partnership 22. Consider and possible action on the Executive Session. At 11:05 a.m. the County Judge announced the meeting open to the public and on motion by the County Judge, seconded by Commissioner Cauley, the Court voted unanimously to pay the $45,000 incentive to Reynolds and Reynods as per the agreement. Motion: Approve , Moved by County Judge Duane Peters, Seconded by Commissioner Irma Cauley. Passed. 0 -0. 23. Acknowledgement of the Annual Jail Inspection Report. IL=: Item 23.odf The Court acknowledged receipt of the Annual Jail Report. 24. Sheriffs report on inmate population. Jim Stewart, Chief Deputy stated there were 626 inmates in jail, 23 have electronic monitors and 11 are pending for monitors. He also thanked everyone that helped him in Vol. 201 Pg. 19'7 replacing a vehicle. Especially Gail Davis in the Purchasing Department. 25. Announcement of interest items and possible future agenda topics. Commissioner Mallard announced that he and Commissioner Cauley will be traveling to Washington DC to visit with our Legislators. 26. Call for Citizen input and /or concerns. There was no citizen's input. 27. Adjourn. Vol. 201 Pg. / YY The foregoing minutes of the Commissioners Court meeting held April 29, 2014 have been examined and are approved in open Court this G4") day of HQ,U , 2014, in Bryan, Brazos County, Texas. Duane Peters Lloyd Wassermann County Judge Commissioner, Precinct 1 OEM �10 Irma Cauley Commissioner, Precinct 4 Attest: Kenny Mallard Commissioner, Precinct 3 G,(., M(- Karen McQueen p , County Clerk J"� Vol. 201 Pg. / 9/'�" 4-( BRAZOS COUNTY COMMISSIONER'S COURT �2qgDAY /0,100 Name � AR : •`Uu f rArc.n �r4 dshr IUD , 2�c7Z Pg —L of? 20� Organization CPS GP S CU GpS 13A,az..s Co. 6ti`Yl'1 5 Vol. 201 Pg. p7e Pg 2 of, BRAZOS COUNTY COMMISSIONER'S COURT V , ♦ OF / . ♦ `__.. Name (PLEASE PRINT) 20[V Organization (PLEASE PRINT) - �l R,jztg, Vol. 201 Pg. / 9l q'rocCamation Child Abuse Prevention Month WHEREAS over 240,000 cases of abuse or neglect are reported every year in the state of Texas, with more than 325 confirmed child victims in 2013 in Brazos County alone; and WHEREAS child abuse is a state problem, finding solutions depends on the cohesive efforts of people throughout the community; and WHEREAS all children are deserving of a safe, healthy, stable, and nurturing home, and communities that support well- being; and WHEREAS effective child abuse prevention strategies succeed through the collaboration of human service agencies, schools, religious communities, health care providers, law enforcement agencies, the business community, and partnerships among citizens in the community; and WHEREAS child abuse can be reduced by citizens becoming aware of child abuse and its prevention and advocating for parents to raise their children in a safe, nurturing environment. NOW, THEREFORE, BE IT PROCLAIMED that the Brazos County Commissioners Court does hereby proclaim the month of April 2014 as Child Abuse Prevention Month and urges all citizens to work together to help reduce child abuse and neglect significantly in the years to come. PROCLAIMED this 29'h day of ril, 4. Duane Peters County Judge � � tiCJ Co issioner Lloyd Wassermann Precinct 1 Commissio enny Matla }d Pre ' ct 3 mmissi her Sammy Catalena 14 -022 Vol. 201 Pe. / P�- 3 Resolution Downtown Bryan Cultural District WHEREAS, a cultural district has been designated to assist the district and community to develop a public - private partnership to support said district; and WHEREAS, the Downtown Bryan Association has signed a resolution of support for said cultural district; and WHEREAS, the Texas Commission on the Arts will be petitioned to designate said cultural district; and NOW, THEREFORE, BE IT RESOLVED BY the Commissioners Court of Brazos County, Texas that the county: Article 1. Endorses the submission of this of said cultural district. Article 2. Endorses the goal of economic development of said cultural district within the context of preservation and rehabilitation of our historic buildings. Article 3. Endorses the goal of tourism development of said cultural district within the context of contributing to the overall visitor development goals of the city. Article 4. Will appoint a county official to represent the county on the governing board of said cultural district. Article 5. By this action, directs county staff to actively support and cooperate with governing board to develop and maintain said cultural district. Article 6. By this action, requests all residents of city /county and especially those citizens who own property or businesses within said cultural district to support, promote and help maintain activities and events in said district. Article 7. Directs the County Judge to sign and submit such resolution on creation of said cultural district. RESOLVED THIS 9 M OF , 2014. Duane Peters, County Judge ,e rvl. __ Commi1sioner Lloyd Wassermann Precinct 1 Commission ennyMall Precilict 3 1n Vol. 201 Pg. i93 COURT RESOLUTION STATE OF TEXAS § COUNTY OF BRAZOS BE IT REMEMBERED, at a regular meeting of the Brazos County Commissioner Court, held on the 29'h day of April, 2014, on motion made by , and seconded by the following Resolution was adopted: WHEREAS, The Brazos County Commissioners Court finds it In the best interest of the citizens of Brazos County that the Delinquency/Truancy Prevention Program be operated for the 2015; and WHEREAS, Brazos County Commissioners Court agrees that in the event of loss or misuse of the Criminal Justice Division funds, Brazos County Commissioners Court assures that the funds will be returned to the Criminal Justice Division in full. WHEREAS, Brazos County Commissioners Court designates Doug Vance as the grantee's authorized official. The authorized official is given the power to apply for, accept, reject, after or terminate the grant on behalf of the applicant agency. NOW THEREFORE, BE IT RESOLVED that Brazos County Commissioners Court approves submission of the grant application for the Delinquency/Truancy Prevention Program to the Office of the Governor, Criminal Justice Division. Signed by Passed and Approved this *(Day) of Mont (Year) -� u - Doug Vance, PhD Judge Duane Peters, County Judge Director of Juvenile Services Brazos County Commissioners Court Grant Number: 2816301 Vol. 201 Pg. / %'� 5 Resolution In Support of a Constitutional Amendment for Increased State Funding for Transportation WHEREAS the 83rd Texas Legislature passed historic legislation proposing a constitutional amendment on the November 4, 2014 state ballot affecting the state's roads, highways, and bridges; and WHEREAS this is "A constitutional amendment to provide for the transfer of certain general revenue to the economic stabilization fund and to the state highway fund and for the dedication of the revenue transferred to the state highway fund"; and WHEREAS this proposal will allow revenue transferred to the stale highway fund to be used only for developing public roadways, other than toll roads; and WHEREAS this would require that any funds transferred to the state highway fund be allocated by the Texas Department of Transportation consistent with existing formulas to ensure the entire state benefits from this additional funding; and WHEREAS the proposed amendment will aid in maintaining the current infrastructure and will ease congestion by funding new projects for added capacity without any new or increased taxes or fees; and WHEREAS a strong transportation system is fundamental to Texas' quality of life and economic vitality, attracting new businesses and generating new jobs; and WHEREAS state transportation funding over the past several years has been supplemented by bond programs and those bond programs are now exhausted and have resulted in a significant level of debt for Texas; and WHEREAS the current state budget includes approximately $5 billion per year in construction funding and will, based on current revenue projections, drop to only $2.5 billion the available funds for construction for the next biennium; and WHEREAS according to the latest report of the 2030 Commission, approximately $6.1 billion per year in construction funding is needed to achieve "worst possible" conditions and $9.5 billion per year is needed to achieve "minimally competitive" conditions; and WHEREAS the proposed amendment would result in an estimated $1.4 billion per year for the state highway fund; and WHEREAS while the proposed amendment would not fully fund the state's overall transportation needs, it would be a key step toward securing critical funding for transportation projects in Texas; THEREFORE BE IT RESOLVED, that the Commissioners Court of Brazos County supports the proposed amendment to address Texas' transportation infrastructure needs on the November 4, 2014 ballot. Adopted this 29" day of April, 2014 y t ssssioners ri of Brazos County, Texas. County Judge �L a Commi aioner Lloyd Wassermann Precinct l Commoner Ke r Mallard ommt sroner Precinct Precinct 4 4-006 Vol. 201 Pg. /9S� I a Brazos County Job Description Last Updated: Tnrplat RMNen t.a cenadot: Class Number. 1855 Tkle: Business Manager Pay Group: 20 Department: Juvenile Administration FLEA Status: Exempt Reports To: _ Assistant Director Approved Date: Assist in the preparation of departments fiscal budget. Order and maintain the departments office supplies. Maintain all departments accounts and EEOC Category: Administrative Support General Summa _ -- — — -- —' To supervise the delivery of efficient secretarial and clerical services to the department. Manages departmental budget in relation to expenditures and ensure compliance with county procurement policy. Essential Duties: - — — - -- - Olher dudes may be assigned. Provide leadership and supervision for assigned clerical personnel. Prepare departmental requisitions, purchase orders, budget amendments I adjustments and payment authorizations. Prepare departments financial reports and general fuel reports. Prepare budgetary projections, as requested, and closely monitor departmental budget. Ensure the department is operating within generally acceptable accounting practices at all times. Review and approve departmental personnel time sheets as required. Oversee document scanning. Communicate with vendors and other personnel as needed to ensure proper maintenance, repair, and replacement on all business systems and machines in accordance with county policy.. Prepare paperwork and associated documentation regarding personnel action within the department. Prepare reports as directed by Executive Director. Research vendors and product items as requested. Monitor and manage various financial accounts l transactions. Maintain accurate accounting of departments fixed assets. Assist in the preparation of departments fiscal budget. Order and maintain the departments office supplies. Maintain all departments accounts and bookkeeping. Assist with agenda items for Commissioners Court and Juvenile Board meetings. Prepare personnel action fors for submittal to the Commissioners Court Monitor expenditures from all grant accounts to ensure compliance. Follow established policies, procedures and practices of the department. Abide by the Texas Juvenile Justice Department's Code of Ethics. Maintain security and confidentiality of all case information, files and chronos as required by the Texas Family Code. The duties listed above are Intended only as illustrations of the various types of work that may be performed. The omission of specific statements of dudes does not exclude them from the position if the work is related or a logical assignment to the position. Other Duties as assigned. (1%) Supervision Received: Assletant Director Given: This position directly supervises clerical staff assigned to the unit. This Includes training of new staff, conducting performance reviews. and recommending personnel actions. Conduct regular staff meetings regarding policies, procedures, problem soling, program planning and In- service training. Review and approve time sheets and time oft requests, Education Required: High school diploma or Its equivalent. At bast five (5) years responslbb secretari bookke spirlp, end adminlstrathre experience. Preferred: Badrelor's Degree m Accounting, Business of other related field. _.� - -- Ex�efience __ -- Required: re perform this Job below are representative entatiiv el must be wle to perform each essential ability required. duly. Reasooibl The requirements dated below are representative of the knowledge, skill, andlor ability required. Reaonabb accommodations may be made to enable Individuals to perform the essential functions. Must be 21, years of age or older Preferred: - Certificates, Licenses, - - - - -- - - - -- — -- -- - — Registmfionif Required: Preferred: -- Notary public and surety bond. Valid Texas drivers license with appropriate liability auto insurance coverage (Driver's license requirements must be met within 30 days d employee recently moved from another state Vol. 201 Pg. Ph sical Demands Typical: _ Duties require dally Standing, walking, ailing, talking and listening; frequent use of hands and/or fkgera to grasp, handle, pick -up, pinch, type or feel; frequent reaching with hands or arms and lifting of objects over 20 pounds: close vision, distance vision, ability to distinguish color, peripheral vision, depth preception and ability to adjust focus. Physical demands described here are representative of those that must be met or are encountered by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential tunetlons. Knowledge, SkOft, & Abildies Typical: Advanced computer knowledge and competence ( word, word perfect, excel). Knowledge of and ability to apply, correct business English, spelling, and math; and, ability to communicate effectively orally and in writing, Ability to type accurately at a speed of at least 55 words par minute. Ability to establish and maintain effective working relationships with other employees, organizations and the general public Wak Environment The noise level in the wo k environmerri is wwMy moderate. While performing the essential duties of this job, Typical the employee is constantly required to perform multiple tasks simultaneously, to work under time pressures to meet deadlines and to work closely with others as part of a team; the employee is frequently required to do tedious exacting work. Worker Is subject to physical hazards from traffic; serious hazard and infection from exposure to communicable disease; physical harm as the result of confrontation. The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with 1 disabilities to perform the essential functions. J — ROVED V— Peters Date County Judge Vol. 201 Pg. Brazos County Job Description Last Updated'. September 2012 rClass Number 1713 Title: Pay Group: 07 Department FLSA Status: Non Exempt Reports To: _— ___-...... --._.._.______.._.._..—..__._. Approved Date: ......__..._.__.._.._....._.__. 10101/2013 EEOC Categ Position End 09/30/2014 Temporary Employee Date: Signature: Clk, Temp. 1040hrs District Clerk Supervisor & District Clerk Office and Clerical T@rMMa RWWM 170Br154012 San both active and disposed paperwork and files. Fib documents and files after scanning. Assist the public and other employees, as needed or requested, with records search which may include microfilm search and making of copies. Assist other employees, as needed or requested, with answering telephone calls, answering questions, and directing to proper person according to office procedures. Perform all other duties assigned with fall within the general scope and ability level of the job, ._ __... ._...___..._.. ........ .._...._ _ Other Duties as assigned. 0%) lilto —_ _ _.. ____– . - - -._ To perform this job successfully, in individual must be able to perform each esseritlal duty satlstactonly requirements listed below are representative of the knowledge, skill, and /or ability required. Reasonabl accommodations may be made to enable individuals with disabilities to perform the essential functions. � Physical Demands _ _ _ � _ Vol. 201 Pg. ? - _ - - -- -_ - - -ep-y - --- - -- -- - -_ Typkel: 'The physical demands described here are representative of those that must be mat by an empbyea to successfully perform the essential functions of this job. Reasonable accommodations maybe made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the j employee is regularly required to sit; use hands to finger, handle or feel; reach with hands and arms; bend and i kneel; and talk and hear. The employee frequently Is required to stand and walk. The employee must I frequently lift and/or move objects weighing up to 20 pounds, such as books and stacks of records. Specific vision abilities required by this job include close vision, distance vision, and ability to adjust focus. memos; perform basic mathematical calculations; p write letters, memoos,,aandptelephone messages; manage time 0 rate com uters mcludin spreadsheet and word rooessm software read and into rot manuals and effective/ understand and follow instructions, operate standard office equipment, such as co machine and facsimile machine communicate effectively, both oral) and in whin ; and maintain effective working relationships with co- workers and the general public. The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable Individuals with disabilities to perform the essential functions. The noise level in the work environment is usually moderate. The employee is constantly required to work closely with other as a part of a team. The employee is frequently required to perform tedious and exacting work; to perform multiple tasks simultaneously; to switch from one task to another, and to work under time pressures to meet deadlines. 0 - � lay �q Duane: Peters Dau County Judge Vol. 201 Pg. f MOTOR VEHICLE LICENSE REGISTRATION AGENT AGREEMENT This Agreement ( "Agreement ") is entered on Apt, I A9 , 2014 (the Effective Date ") by and between the County of Brazos, a duly and lawfully organized county of the State of Texas ( "County"), Brazos County Tax Assessor- Collector ("Tax Assessor - Collector's and HEB Grocery Company, LP ( "Distributor "). WHEREAS, public convenience will be furthered by authorizing Distributor to act as an agent for County to issue motor vehicle license registration stickers (each a "Registration" or collectively, the "Registrations ") at its place(s) of business listed on the attached Exhibit A. NOW, THEREFORE, the obligations and covenants contained herein and for good and valuable consideration, the adequacy and receipt of which are hereby acknowledged, the parties hereto agree as follows: 1. County authorizes Distributor to act as an agent of the Tax Assessor - Collector to issue motor vehicle license registration stickers under the terms and conditions set forth in this Agreement. 2. County shall supply Distributor with the numbered and secured motor vehicle license registration forms (hereinafter referred to as "Stickers ") and supplies (collectively, the "Inventory"), as well as its written policies and procedures for their issuance. Under no circumstance will Distributor keep said Inventory at any location other than the location(s) to which said Inventory is assigned as set forth in Exhibit A. 3. Distributor agrees to comply with the requirements of the WebAgent System of the Texas Department of Motor Vehicles. All necessary equipment will be furnished and maintained by Distributor. 4. The parties agree that Distributor may add a processing fee of up to one dollar (51.00) to each transaction involving a Registration issued and properly reported under terms of this Agreement. Said processing fee is in addition to the fee charged for issuance of the Registration. The processing fee is the only compensation Distributor will receive pursuant to this Agreement. 5. Each week on Monday at 12:00 noon (or such other time as agreed by the parties), Distributor will provide the following to the Tax Assessor - Collector in the form prescribed by and according to the instructions of the Tax Assessor- Collector: (a) the number of Stickers sold; (b) the number of Stickers voided; (c) the Stickers series numbers issued; (d) the full payment for vehicle license fees collected for each Registration; and (e) such other information as the Tax Assessor - Collector shall from time to time reasonably require. 6. Distributor shall designate employees in a hierarchy at each location set forth in Exhibit A to be in charge of operations who will oversee the receipt, maintenance and issuance of Stickers ("Designated Employees "). Prior to issuance of any Stickers, the Tax Assessor - Collector shall provide any training deemed necessary for the Designated Employees. HEB Confidential 177983v2 Vol. 201 Pg. �200 7. Distributor agrees, at Distributor's cost, to provide a bond payable to the Tax Assessor - Collector in the amount of $15,000.00 per Distributor location listed in Exhibit A. The amount of the bond will be no less than the value of the inventory of Stickers issued by County to Distributor. 8. Tax Assessor - Collector agrees not to furnish any Stickers for the account of Distributor other than directly to the Designated Employee. The Designated Employee will inventory the Stickers and supplies prior to accepting delivery. Distributor assumes full liability for the safekeeping of all Inventory furnished by the Tax Assessor - Collector to the Designated Employees, Tax Assessor - Collector will notify Distributor in writing of any missing and unaccounted for Stickers or cash shortages immediately and Distributor shall have up to seven (7) days to research and rectify any discrepancies before payment is made. Distributor agrees to pay for any missing or unaccounted for inventory of Stickers and any shortages caused by Distributor. 9. Distributor agrees to sell Stickers (i) only to persons presenting the renewal notice issued by the State of Texas, Department of Motor Vehicle Title and Registration and proof of valid insurance, and (ii) to make such sales on registrations due only in the prior, current and succeeding month (e.g.: during March only Stickers for the months of February, March and April) or as otherwise instructed by County. 10. Distributor may accept individual checks in payment of fees for the issuance of Stickers, provided that checks are made payable to Distributor, that each check bears such information as may be required by Distributor, and provided, further, that Distributor assumes full responsibility for collection for all such checks. Distributor shall either transmit funds via ACH or issue a money order (as agreed in advance by the parties) to the Tax Assessor - Collector representing those checks and cash received by Distributor during the previous week. Said ACH funds transfer or money order shall not include the one dollar ($1.00) processing fee Distributor charges and collects as compensation for providing services of issuance of Stickers. Failure by Distributor to pay Tax Assessor - Collector within seven (7) days the sums owed for Stickers, whether via ACH transfer or in the form of money order to Tax Assessor - Collector shall be grounds for the suspension of this Agreement and the Tax Assessor - Collector shall not issue additional Inventory until all sums owed are paid. 11. Distributor agrees to use the inventory of Stickers in numerical sequence and to return any damaged Stickers to the Tax Assessor- Collector in a timely fashion. 12. Distributor is subject to audit by the Tax Assessor - Collector at any time during normal business hours of the Distributor and at a mutually agreed upon location. 13. This Agreement shall commence on the Effective Date and shall continue in full force and effect until terminated at any time by either party upon thirty (30) days prior written notice to the other party. Within seven (7) days after the date of termination, Distributor shall return to the Tax Assessor - Collector all outstanding inventory of Stickers and supplies and payment of Stickers issued and a final report as provided for in Section 5. HEB Confidential 2 MUM Vol. 201 Pg. 14. Notice given pursuant to this Agreement shall be in writing and shall be given by United States certified or registered mail, postage prepaid, addressed to the appropriate party as set forth below: COUNTY: Kristeen Roe, Brazos County Tax Assessor- Collector 300 E Wm J Bryan Pkwy Bryan, TX 77803 DISTRIBUTOR: HEB Grocery Company, LP 646 South Main Avenue San Antonio, Texas 78204 Attn: Director, Services Co. With a copy to: HEB Grocery Company, LP 646 South Main Avenue San Antonio, Texas 78204 Attm Corporate Law Department The person and address to which notices are to be given may be changed at any time upon written notice to the other party. 15. Distributor shall indemnify and hold harmless County and the Tax Assessor - Collector from and against all personal injury, loss, claim or property damage, including attorneys' fees, suffered or incurred by County and Tax Assessor - Collector arising out the negligence performance of Distributor or its agents, representatives or employees pursuant to the terms of this Agreement. 16. Neither party shall assign its rights, nor delegate its duties under this Agreement without prior written consent of the other party. Such unauthorized assignment and/or delegation shall, at the option of the non - assigning and/or non - delegating party be a material breach for which the non - assigning and/or non - delegating party may void this Agreement. 17. Distributor agrees to report any material change in the controlling ownership of Distributor to the Tax Assessor - Collector within seven (7) days of such change. Any such change will automatically nullify this Agreement and a new agreement must be executed by the new owner(s) of the controlling interest if the new owner(s) desires to continue to act as an agent. It will also be necessary to audit any Inventory on hand and a closing report shall be made by the current owner. 18. This Agreement shall be construed under and in accordance with the laws of the State of Texas. 19. This Agreement shall be construed under and in accordance with the laws of the State of Texas. Exclusive venue for any action taken relative to this agreement shall be Brazos County, Texas. HEB Confidential 177983v2 Vol. 201 P2..2c�� 20. The provisions of this Agreement are not intended to create, nor shall they be in any way construed to create a joint venture, a partnership, or any other similar relationship between the parties. Distributor acknowledges that it is an independent contractor and that it will be acting as an independent contractor in performing its obligations under this Agreement. 21. Neither party shall be responsible for delays caused by "Acts of God ", non - county governmental processes, national emergency or any other causes beyond their reasonable control. Upon the discovery of such an event, the affected party shall notify the other and arrange a meeting to propose a solution to the problem and if necessary, to establish an estimated period of time of suspension or extension of the work. 22. This Agreement sets forth the entire understanding between the parties and supersedes any and all prior agreements, written or oral, with respect to the subject matter hereof. Breach of any material obligation to be performed by either party shall constitute a breach of the entire Agreement and shall give either party the right to immediately terminate this Agreement. 23. This Agreement shall not be amended or modified, except in writing signed by authorized representatives of Distributor, County and Tax Assessor - Collector. IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the Effective Date. County of Brazos S e By: Print Name: County Judge /, 1 Print Name: Kristeen Roe, RTA. CTA Brazos County Tax Assessor- Collector HEB Confidential 177883v2 HEB Grocery Company, LP: By: Print Name: 14ill Anderson Title: Vice President, General Merchandise Vol. 201 P2. XO3 Locations: Bryan # 1 (Co. #062) 1905 Old Hearne Rd, Bryan, TX 77803 Bryan #3 (Co. #544) 725 East Villa Maria Bryan, TX 77802 College Station #1 (Co. #543) 1900 Texas Avenue South College Station, TX 77840 College Station #2 (Co. #619) 949 William D. Fitch Pkwy College Station, TX 77845 HF.B Confidential 177983v2 EXHIBIT A Vol. 201 Pg. ODZ Tons Department of Commodity Agroamanl AgriaAlure February 2014 Commodity (USDA Foods) Agreement Agreement Between Contracting Entity and Texas Department of Agriculture The Texas Department of Agriculture (TDA) administers and operates federal commodity programs by agreement with the United States Department of Agriculture (USDA) Food and Nutrition Service (FNS). The programs included in this Agreement are: Food Distribution Programs governed by 7 Code of Federal Regulations (CFR) Part 250, Including Commodity School Program, Summer Food Service Program (7 CFR Part 225), and The Emergency Food Assistance Program (7 CFR Part 251). An agency or organization that wishes to receive USDA-donated commodities ( "USDA Foods ") from TDA must submit this completed agreement and all other documentation required by TDA. Upon signing this agreement, an applicant agency or organization (herein after referred to as the "Contracting Entity" or "CE" / "Contracting Entities" or "CEs ") expressly agrees to comply with the following terms and conditions: I. Agreement, Termination, and Payment a. This Agreement specifies the rights and responsibilHfes of TDA and Brazos County Juvenile Department (Contracting Entity or CE) (collectively, the parties). b. By signing this Agreement, the parties are bound by its terms and conditions until its ending date, unless terminated earlier in accordance with this Agreement. This Agreement may be terminated under the following circumstances: (1) for cause by either party; (2) by mutual consent of both parties; (3) by either party upon 30 days written notice to the other party, or (4) notwithstanding any other provision of this Agreement, if funds for the continued fulfillment of this Agreement by TDA are at any time not available or are insufficient, through failure of any entity to appropriate funds or otherwise, then TDA will have the right to terminate this Agreement at no additional cost and with no penalty whatsoever by giving written notice dommenting the lack of funding. c. If federal or state laws or other requirements are amended or judicially interpreted so that the continued fulfillment of this contract, on the part of either party, is substantially unreasonable or impossible, or if the parties are unable to agree upon any amendment that would therefore be needed to enable the substantial continuation of the services contemplated by this contract, then the parties shall be discharged from any further obligations created under the terms of this contract, except for the equitable settlement of the respective accrued interest of obligations, including audit findings, incurred up to the date of termination. d. TDA will, subject to federal appropriation and availability to TDA of sufficient funds, provide program payment to the CE, if applicable, in accordance with the terms of this Agreement. No reimbursement shall be made for performance under this agreement occurring prior to (a) the beginning effective date of this Agreement or (b) a later date established by TDA based on the date of receipt of a fully executed copy of this Agreement. e. This paragraph is pursuant to §2252.903 of the Government Code. Any payments owing to the CE under this Agreement will be applied toward elimination of the CE's Indebtedness to the state, delinquency in payment of taxes to the state, or delinquency In payment of taxes that the comptroller administers or collects until the indebtedness or delinquency is paid in full 11. Term This Agreement shall take effect on July 1 2014 (to be completed by TDA) or upon signature by both parties, whichever is later; and shall end only when it is terminated by one or both parties. III. Program Administration and Financial Management a. CE will compty with the applicable regulations for its designated program, as well as 7 CFR Parts 250 and 251, as amended; the Uniform Federal Assistance Regulation (7 CFR, Part 3015, Part 3016, Part 3019, as amended); Audits of State, Local Governments, and Non - Profit Organizations (7 CFR 3052, as amended) and state policies and procedures as issued and amended by TDA. b. CE will perform as described in its application (including supporting documents, and any approved amendments to the application) for participation in the designated program. Vol. -201 Pg. Commadtty Agmament Page 2 of 117 -2014 IV. Contracting Entity Roles and Responsibilities Related to Receipt, Use, Storage, and Disposition of USDA Foods Upon execution of this Agreement, CE hereby agrees to: a. Comply with all requirements for receiving, handling, distributing, transporting, storing, and/or using USDA Foods as provided in this Agreement, TDA policy and handbooks, and USDA regulations and instructions, Including requirements relating to dry, chilled and frozen product received directly from USDA. b. Assume full responsibility for compliance with federal regulations, state rules and policies, the requirements of this Agreement, any amendments executed by the Parties, and any addenda which may be required by TDA. c. As applicable, ensure Food Service Management Company (FSMC) is effectively utilizing USDA Foods made available to them per agreement between CE and FSMC. d. Promptly provide to TDA any. updated information pertinent to this Agreement, in writing. e. For CE's receiving direct shipments from USDA, enter receipt information into TX -UNPS within 24 hours of receipt of shipment; notify TDA immediately of significant damages and/or shortages. f. TEFAP Contracting Entity only — Faidy and equitably distribute USDA Foods, as ingredients of prepared meals or food packages, only to eligible person and households (or, if applicable, to qualified agencies and organizations), first come first served. g. Request USDA Foods only in the amounts that will be property stored and fully utilized without waste. h. TEFAP Contracting Entity only — Not require recipients or, if applicable, eligible agencies and organizations to pay for USDA Foods In money, materials, or service. -- - - 1. As applicable, abide by TDA requirements for receiving shipments of USDA Foods directly from USDA. j. As applicable, use USDA Foods in an established food service operation to benefit persons and households who are eligible. k. As applicable, not reduce the amount of food received from other sources as a result of receipt of USDA Foods. I. As applicable, provide adequate facilities and personnel to handle, store, safeguard, and /or distribute USDA Foods. Processing CEs choosing to participate in processing of USDA Foods hereby agree to: m. As applicable, ensure cooperative inter -local agreement outlines the USDA Foods activities to be managed by the cooperative and the role of the CE in the cooperative; and as requested, provide a Copy to TDA. n. As applicable, ensure USDA Foods activities outlined in the cooperative inter -local agreement does not violate USDA(TDA guidance, regulations, and /or procedures. o. Effectively manage entitlement dedicated in TDA's electronic system, Texas Unified Nutrition Programs System (TX- UNPS), to Commodity Processing and if applicable, coordinate with co-op coordinator the use of commodity processing balances in a timely basis. p. On a regular basis, track and manage USDA Foods processing Inventory balances in processor's tracking system (e.g., K12, ProcessorLlnk, etc.); verify for accuracy and products sold through a distributor, including commodity value discounts and pounds used; verify processing option(s); delivery destination; and assigned distributor. q. As applicable, verify receipt of end products delivered by State contracted warehouse or directly to CE to ensure: 1. End products received match deliver order form ti. End products received match Bill of Lading prior to signing deliver Invoice Iii. Damaged cases are not accepted; note damages on the Bill of Lading and return with driver r. Notify TDA and if applicable, processing co -op coordinator, when requesting to transfer pounds to a different processor and include justification for the transfer. s. Utilize processing pounds in a timely manner; comply with federal regulations to not exceed a six -month Inventory supply. t. Report to TDA and if applicable, to processing co-op coordinator issues and /or concerns with USDA Foods processing. Vol. 201 Pg. Commodity AgAament Page 3 of 712-2014 u. Ensure all initiated bidslrequest for proposals (RFPs), including those developed by the processing cooperative, follow all State and Federal procurement regulations and requirements. v. As applicable, CE or cooperative representative shall send RFP invitations to I approved processors in Texas. There shall be no limitations within categories. (Example: Solicitations for further processing of bulk cheese must be mailed to aft Texas approved cheese processors) w. As applicable, CE or cooperative representative shall negotiate pricing and award bids only to processors with processing agreements with TDA. x. As applicable, CE or cooperative representative shall enter processing requests into TX -UNPS by the required TDA deadline. y. When ordering for a new school year, project June carryover balance, to avoid ordering excess pounds for the new school year. z. Direct Ship School only: Update TX -UNPS with receipt information for end products delivered directly by processors. V. Contracting Entity Roles and Responsibilities Related to Accountability and Reporting Upon execution of this Agreement, CE hereby agrees to: a. Allow TDA, USDA, Government Accountability Office (GAO), and representatives of other appropriate agencies to inspect facilities and records and to audit, examine, and copy records during normal working hours. b. Maintain all program records for a minimum of three years following either the end of the federal fiscal year in which services were provided or the expiration or termination date of a contract, or for a period greater than three years, if necessary, to resolve any litigation, claims or audit findings. c. Comply with the requirements of the Immigration Reform and Control Act of 1986, regarding employment verification and retention of verification forms for any Individuals hired after November 6, 1986, who will perform any labor or service under this contract. d. Comply with TDA policies and instructions for conducting financial and compliance audits. Additionally, to comply with the single audit requirements by obtaining an organization -wide audit for those fiscal years In which single audit criteria applies. CE understands that acceptance of funds under this Agreement acts as acceptance of the authority of the State Auditor's Office (SAO), or any successor agency, to conduct an Investigation in connection with those funds. CE further agrees to cooperate fully with the SAO or its successor in the conduct of the audit or investigation, including providing all records requested. CE will ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through CE and the requirement to cooperate is included in any subcontract it awards. As applicable e. Maintain receipts, freight bills, notices of arrival, availability, and issuance of USDA Foods; inventory control sheets and storage facility review records (including inventory sheets and review records for leased storage space); and financial and supporting documents, statistical records, and other records pertinent to the services for which a claim was submitted. f. Pay all applicable costs Incurred with a TDA contracted warehouse for commercial storage, delivery, or pick -up, incurred with the allocation of USDA Foods. g. Keep records of nonexpendable property acquired under the contract for three years after the final disposition of the property. h. Provide to TDA, at the time of a TDA review or anytime, at TDA's request, a copy of the current health inspection certificate, current pest control records, and any other licenses required for the CE's storage facilities. Vi. Contracting Entity Rates and Responsibilities Related to Misuse of USDA Foods Upon execution of this Agreement, CE hereby a. Agrees to reimburse TDA, according to TDA procedures, for any improper distribution or use of USDA Foods, orfor any toss of, or damage to, USDA Foods caused by the CE's fault or negligence. b. Acknowledges that any misuse of USDA Foods may cause CE to be disqualified from program participation, and that reinstatement is at TDA option. Vol. 201 Pg. °6 Commodity Agreement Page 4 of 712.2014 c. Acknowledges that embezzlement, misuse, theft or obtainment by fraud of USDA Foods or, as applicable, USDA commodity- related funds, assets, or property, shall cause the applicant to be subject to federal or state criminal prosecution. d. Certifies that CE and its sub - agencies, if any, have and preserve a right to assert claims against other persons, agencies and organizations to whom USDA Foods are delivered for care, handling or distribution; and, furthermore, may take action to obtain restitution In connection with claims for improper distribution, use, toss, or damage to USDA Foods. VII. Certifications Upon execution of this Agreement, CE certifies: a. Annual payment of Texas franchise taxes is current, if CE is subject to the State of Texas franchise tax. A false statement regarding franchise tax status shalt be treated as a material breach of this Agreement and may be grounds for termination of this Agreement at the option of TDA. If franchise tax payments become delinquent during the Agreement term, payments under this Agreement will be held until the CE's delinquent franchise tax is paid in full. b. That neither it nor Its principals are presently debarred, suspended, proposed for debarment, declared Ineligible, or voluntarily excluded from participating in this Agreement by any federal department or agency or by the State of Texas. CE shall immediately provide written notice to the TDA if at any time the CE learns that this certification was erroneous when submitted or has become erroneous by reason of changed circumstances. CE may rely upon a certification of a subcontractor that it Is not debarred, suspended, Ineligible, or voluntarily- excluded from the covered contract, unless it knows that the certification is erroneous. c. That it does not owe a single substantial debt or a number of outstanding debts to a federal or state agency. A false statement regarding the CE's status will be treated as a material breach of this contract and may be grounds for termination of this Agreement at the option of the TDA. d. Under Texas Family Code § 231.006, a child support obligor who is more than 30 days delinquent in paying child support or a business entity in which the obligor is a sale proprietor, partner, shareholder, or owner with an ownership Interest of at least 25 percent is not eligible to receive payments under this Agreement. Under Section 231.006, Texas Family Code, CE certifies that the individual or business entity named in this Agreement, and any individual who is a partner, shareholder or owner with at least 25% interest in the business entity, is not Ineligible to receive the specified grant, loan or payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate. e. That If ft is a corporation, it is a non - profit, tax - exempt corporation. Upon execution of this Agreement, CE certifies understanding of and compliance with the following: f. No Federal appropriated funds have been paid or will be paid, by or on behalf of the CE, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering Into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for Influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of a Member of Congress in connection with this Federal contract, contract, grant, loan, or cooperative agreement, the CE shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying,° In accordance with Its instructions. The CE shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecetplents shall certify and disclose accordingly. Vol. 201 Pg. ' � ,5 Cam adrry Agra ent Page 0 of 712-2014 CE understands that this certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certiflcation is a prerequisite for making or entering Into this transaction imposed by section 1352, title 31, U.S. Code. Any person who falls to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. g. Committing fraud or abuse of the programs may subject the CE to criminal prosecution under applicable, federal, state or local laws, in addition to sanctions imposed by the State. h. Compliance with drug -free workplace requirements in 2 CFR part 421, which adopts the Government- wide implementation (2 CFR part 182) of sec. 5152 -5158 of the Drug -Free Workplace AG of 1988 (Pub. L. 100 -890, Title V, Subtitle D; 41 U.S.C. 701 -707). VIII. Confidentiality a. CE agrees to use any Information that is received in its capacity as a contractor to the MA — whether written or oral, formal or informal — for the following purposes only: I. To provide services andlor denverables required or requested under this Agreement; N. To provide advice, opinion or recommendation requested by the TDA in the course of fulfilling the duties prescribed under this Agreement; Ill. To assist the TDA in developing any documents, reports, working papers, evaluations, schedules, or instructions necessary to fulfill the requirements of this Agreement. b. CE further agrees to regard any such information as confidential and shall not disclose, reveal, Commuriicate,-impart or divulge the information of any summary or synopsis of the information in any manner or any form whatsoever, except under the following circumstances: 1. When authorized in writing by the TDA; if, When required by court order, subpoena, or ruling of the Attorney General of Texas; iii. When advised by legal counsel that disclosure is required by law or legal process; iv. When the information has previously been released to the general public by the TDA; v. When required to brief or inform a superior, provided the superior in informed of nondisclosure . requirements. c. Technology Requirements for Confidentiality: The CE hereby agrees to implement the following information technology standards to ensure the confidentiality of information. 1. Network Security: CE agrees to maintain network security which includes the use of a firewall, an Industry recognized antivirus program on all machines and unique user names and passwords to access network resources. CE agrees to provide maintenance of a secure processing environment, and acknowledges that includes but is not limited to the timely application of patches, fixes and updates to operating systems, applications and antivirus software. If TDA detects a security incident Involving the CE, or the CE's third party vendor, the CE is required to comply with any requests by TDA related to the security incident. if. Data Security: CE agrees to preserve the confidentiality, integrity, and accessibility of TDA data in motion or at rest with administrative, technical, and physical measures that conform to generally recognized industry standards and best practices. lit. Data Storage: CE agrees that any and all TDA data will be stored, processed and maintained solely on designated computers /servers and that no TDA data will be transferred to any portable or laptop computing device or any portable storage medium, unless that device or storage medium is in use as part of the CE's designated backup and recovery processes and encrypted in accordance with the Data Encryption provision below. iv. Data Transmission: CE agrees that any and all electronic transmission or exchange of system and application data with TDA shall take place via secure means (HTTPS or SFTP or equivalent). Vol .201 Pe. oWF Commodity Apraamam Pape 6 4 71 2 -2 014 v. Data Encrypton: CE agrees to store all TDA data in encrypted form, using a commercially supported encryption solution. CE further agrees that any and all TDA data defined as personally Identifiable Information under current regulations Is likewise encrypted. Encryption solutions will be deployed with no less than a 128 -bit key. vi. Data Re -Use: CE agrees that any and all data exchanged shall be used expressly and solely for the purposes enumerated in the Agreement. Data shall not be distributed, repurposed or shared across other applications, environments or business units of CE. CE further agrees that no TDA data of any kind shall be transmitted, exchanged or otherwise passed to other vendors or Interested parties except as specifically required to operate the programs. If data is shared with a vendor, to operate the programs, the same security requirements apply to the CE's third party vendor. Any other release of information requires specific agreement in writing by TDA. vii. End of Agreement Data Handling, CE agrees that upon termination of the Agreement it shall erase, destroy and render unrecoverable all TDA data and certify in writing that these actions have been completed within 30 days of termination of this agreement or within 7 days of the request of an authorized TDA official, whichever comes first. CE also agrees that if hardware is replaced during the agreement period, the same destruction rules apply. viii. Security Breach Notification: 1. CE agrees to comply with all applicable laws that require the notification of Individuals in the event of unauthorized release of personal identification information or other another event requiring notification. 2. In the event of a breach of any of CE's security obligations or other event requiring notification under applicable law, CE agrees to notify the following Individuals within 48 hours: ■ Angela Gower Information Security Officer Texas Department of Agriculture Angela .Gower @TexasAg riculture. g ov 512- 936 -4117 • Angela Olige Chief Administrator Food and Nutrition Division Texas Department of Agriculture Angela.Olige@TexasAgdculture.gov 512463 -8583 IX. Civil Rights a. By executing this Agreement, CE agrees to Comply with TiUe VI of the Civil Rights Act of 1964 (Public Law 88 -352) and all requirements imposed by the regulations of the Department of Agriculture (7 CFR Part 15), Department of Justice (28 CFR Parts 42 and 50) and FNS directives or regulations issued pursuant to that act and the regulations. The CE also agrees to comply with Section 504 of the Rehabilitation Act of 1973 (Public Law 93 -112), the Americans with Disabilities Act of 1990 (Public Law 101 -336), Title IX of the Education Amendments of 1972 (7 CFR Part 15a), the Age Discrimination Act of 1975 (Public Law 94 -135), all amendments to each, and all requirements imposed by the regulations Issued pursuant to these acts. In addition, the CE agrees to comply with Title 4, Part 1, Chapter 24, of the Texas Administrative Code. These provide in part that no person in the United States shall, on the ground of race, color, national origin, sex, age or disability be excluded from participation in, or denied any aid, care, service or other benefits provided by federal and /or state funding, or otherwise be subjected to discrimination. Vol. 201 Pg. Commodity AgmMent Page 7 or 71 24Qu b. By executing this Agreement, CE gives assurance that it will Immediately take any measures necessary to comply with this subsection. f. This assurance is given in consideration of, and for the purpose of, obtaining any and an federal financial assistance, grants and loans of federal funds, reimbursable expenditures, grant or donation of federal property and Interest in property, the detail of federal personnel, the sale and lease of, and the permission to use, federal property or interest in such property, or the furnishing of services without consideration or at a nominal consideration, or at a consideration which is reduced for the purpose of assisting the recipient, or in recognition of the public interest to be served by such sale, lease or furnishing of services to the recipient, or any improvements made with federal financial assistance extended to the program applicant by TDA. This includes any federal agreement, arrangement, or other contract that has as one of its purposes the provision of cash assistance for the purchase of food, and cash assistance for purchase or rental of food service equipment or any other financial assistance extended in reliance on the representation and agreements made in this assurance. 2. To compile data, maintain records and submit reports as required, to permit effective enforcement of the above Acts and permit authorized TDA and USDA personnel during normal working hours to review such records, books and accounts as needed to ascertain compliance with the above Acts. if there are any violations of this assurance, TDA and USDA have the right to seek judicial enforcement of this assurance. This assurance is binding on the CE, its successors, transferees and assignees during the tern that it receives assistance, or retains possession of any assistance from TDA. The person whose signature appears on this Agreement is authorized to sign this assurance on behalf of the CE. 3. To ensure that civil rights training is provided to sub - agencies according to TDA guidelines. We, the undersigned, do hereby make and enter into this Agreement. Upon signing this Agreement, the CE official establishes that they have the authority to enter into a written agreement with TDA. This Agreement contains all the terms and conditions agreed upon by the parties. CE certifies that the information contained in this document is true and correct to the best of Its knowledge and is provided for the purpose of obtaining federal assistance, CE agrees to comply with the federal regulations, and state policies and procedures as Issued and amended by TDA. CE understands that the deliberate misrepresentation or withholding of Information may result in prosecution under applicable state and federal statutes. Name of CE Authorized Representative (type or print) Doug Vance Title of CE Authorized Representative *Date-�j Exe utiva Director Si nature —CE A orized Re resentative Name of TDA Representative (type or print) Title of TDA Representative Signature—TDA Representative Date I" Vol. 201 Pg. 13 2014.51 MOTOR GRADER BLADES April 29, 2014 - 15, 2015 y MN �r �r� Y+" `: ay, 4 I,April X11 I, Manufacluring y 14M1T�l{ IxC p. Te' tl tP. '� 1, WmtecEqulpmenlCo l I5 i '1Y+ �P w•AJdn! (ir �'n } Ramco_Equlpment .4 EST .Y'4 tS =,y1ySDESCRIP�TION rValk A , ,F ,r1�i y w,.L� 7'x 518" x 6" w1518" Holes $61.00 $64.38 $72.59 500 T x 518" x 6" wl314" Holes 564.38 $73.64 1 ,4AhF�F� Y + �!MAKEANDMODEL 1 Valk Black Cat Pacal BLADE MATERIAL �F ��}, Ll � Heat'trealed steel Heat treated steel Heat treated steel rhTh4 3 1?..4t w C X177, X, 0 60 days 4560 12 i,�`E�ti�DELIVµ 7iKna�,a Wi {4)rnl.i�� t;� STOREfLOCATIIO +e< ', �- New Kingstown PA .. Edmonton, AB Canada Round Rock, TX rt � A4Wf. ii .[ O '..ia RECOMMENDATION: Valk Manufacturing Commission is ourt on this day of I ( 2014 by pprove y eldiog the position of Vol. 201 Pg. /� INVITATION TO BID j MOTOR GRADER BLADES — READVERTISEMENT ANNUAL CONTRACT . I BRAZOS COUNTY PURCHASING DEPT 200 South Texas Ave, Suite 352_ Bid Request No. 2014 -51 Bryan, Texas 77803 Page L of 10 Pages Telephone (979) 361 -4290 Bids will be received at the Brazos County Administration Build. ing Purchas ,i .e . n De artment and ,ea w 200 South .Texas Ave Suite 352, Bryan, Texas until. °n m eTiie�sriatrA . at which time bids will be publicly opened and read aloud: A. SCOPE OF BID Bids are solicited for furnishing the.merchandise, supplies, service, `and/or equipment sei forth in this bid request for a one (I) year period beginning �n commissioners court approval throueh April 21, 2015 in accordance with the following Conditions of Bidding. B. CONDITIONS OF BIDDING The following instructions apply to all bids and become a part of terms and conditions of any bid submitted to the Brazos County Purchasing Office, unless otherwise .specified elsewhere in this .bid request. Alt bidders are required to be informed of these Terms and Conditions and will be held responsible for having done so: 1. Definitions: In order to. simplify the language throughout this bid, the following definitions shall apply: a. BRAZOS COUNTY - Same as County. b. COMMISSIONERS' COURT - The elected officials. of Brazos County, Texas given the authority to exercise such powers and jurisdiction of all county business as conferred by the State Constitution and Laws. C, CONTRACT - An agreement between the County and a Supplier to furnish supplies and/or services over a designated period of time during which repeated purchases are made of the commodity specified. d. CONTRACTOR - The successful Biddetis) of this bid request. e. COUNTY - The government of Brazos County, Texas and its authorized representative. f. SUB - CONTRACTOR - Any contractor hired by the Contractor or Supplier to furnish materials and services specified in this bid request. g. SUPPLIER - Same as Contractor. 2. Upon acceptance and approval by the Comtnissioriers' Court, this bid effects a working contract between Brazos County and the successfui bidder for the period designated. Vol. 201 Piz. X13 -- - - Bid Request -No:- 2014- 51...__ ... Bid Continuation Sheet BRAZOS COUNTY, TEXAS Page 2 of 10 Pages 3. Bids must be received by the Purchasing Office prior to the time 'and 'date ,specified. The mere fact that the bid was dispatched will not be considered; the bidder must have the bid actually delivered. 4, The County reserves the right to accept or reject in,pai�t or in whole, any bids submitted, and to waive any technicalities for the best interest of the County. 3: Brazos County shall not be responsible for any verbal communication between any employee of the County and any potential bidder. Only written specifications and written price quotations will be considered. 6. Brazos County reserves the right to reject any bid that does not fully respond to each specified item. 7. Binder must include Employer Identification Number for the bid to be valid. 8. Should there be a change in ownership or - management; the contract shall be canceled unless a mutual agreement is reached with the new owner or manager to continue the contract with. its present provisions and prices. This contract is nonWrksferable and may not be reassigned by either party. 9. The County may cancel this contract at any time for any reason, provided a thirty - day written notice is given. 10. The bid award shall be based on, but not necessarily limited to, the following factors: a. Unit price b. Extended price C. Special needs and requirements of Brazos County ' d. Results of testing samples (if required by Brazos County) e. I)elivery £ References g. Brazos County's experience. with products bid h, Vendors past performance record with Brazos County. 11. Although,the cost of products to be provided is an essential part of the Bid; Brazos County is not obligated to award a contract on (he sole basis of cost but will award to vendor considered to be the best value to Brazos County. 12. Acceptance of merchandise, work, and/or equipment provided shall be made by the County at the sole discretion of the Commissioners Court when all terms and conditions of the contract and specifications have beer! met to its satisfaction, including the submission to the County of any and all documentation as may be required. Vol. 201 Pg. _0&_ - Bid Re q uest No: 2014 -$1 __ Bid ConHnuaton Sheet BRAZOS COUNTY, - TEXAS Page 3 of 10 Pages 13. Title and ttisk of Loss of the goods shall not pass'to Brazos County until the County actually accepts and takes possession of the goods at the point or points of delivery. 14. This agreement shall be governed by the Uniform Coituitercial Code as adopted in , the State of Texas as effective and in force on the date of this agreement. 15. Bids must be submitted on quantities and units of measure specified by the bid ddduments. In the event of errors in extended prices the unit price shall govern. Any suggested change in quantity on the part of the bidder to secure better price or delivery is welcomed and may be given consideration provided that the bidder also bids on the quantity specified. 16. Bids must specify the number of consecutive calendar days required to deliver the commodities under normal conditions. Failure to specify delivery time will be considered ro son enough to cause the bid to be disregarded. Delivery time quoted will be given consideration in awarding orders. If delivery is not made within a reasonable time of the specified delivery in the bid, the entire order or contract may be canceled and the bidder barred from quoting in future bids. 17. kids cannot be altered after 'receiving time. No bid may be withdrawn after opening time without acceptable reason and with the approval of the Purchasing Agent: 18. Bids must be submitted on this form ano returnea in a seaieu cnvciuyc uREq marked with Vendor Naive and Bid Number to ensure proper recognition upon its arrival. Bids will not be considered if submitted by telephone, fax or any other means of rapid dispatch, 'nor will a bid be considered if submitted to any other person or department other than speeifically instructed. Bids received after the expressed date and time listed in this bid will be returned unopened to the vendor. Bids submitted by any .other person or department other than the Brazos County Purchasing pepaitment will not be accepted. 19. If vendor in receipt of notice is ynable to bid, the bid. should be submitted as a "No Bid" and returned to the Purchasing Department before opening time. This is necessary if - vendor wants to remain on vendor list and receive future bid notifications. 20. Bids tnust.show full firm name, mailing address and telephone number and be manually signed by an'auth orized sales or quotation representative of the bidder. Firm name. and authorized signature' shall appear in each space provided. 21. In the event of a needed change in the specifications sent to the bidder, it is understood that all the foregoing terms shall apply to the addendum or addenda. Vol. 201 Pg. 02/ Bid Request No. 2014 -51- Bid Contiuuatton Sheet - - �— BRAZOS COUNTY, TEXAS Page 4 of 10 Pages 22. It is our policy snot to furnish bid results over 'the phone. Bid results and tabulation sheets will be posted on the Brazos County web site; Brazos Valley Online Bidding System (tvww.brazosbid.cstx.gov) after bid award by Commissioner's Court. 23. Brazos County reserves the right to extend this contract annually for a maximum of three (3) additional one (1) year periods with no changes in the terns or conditions of this eonfract, if agreed upon by both parties. 24. The successful offeror agrees to extend prices and terirs to all entities that has entered or will enter into joint purchasing inter -local cooperation agreement(s) with Brazos County. 25.. If sample testing is required, Brazos County will perform test through a third party. Vendor will be required to allow the third party access to the facilities in order _to acquire samples 1 for testing. Failure to submit requested testing may disqualify bid. 26. Three (3) references are to be;provided by bidder. Failure to submit references may result in disgpalification ofbid. 27. -Contractor shall observe and 'comply with all federal; state and local laws, safety; and health Fegulations,'ordinances, and ail regulations which in any manner effect conduct of the work or services being performed. 2$. In order tb insure the safety of the public, the Contractor shall coordinate all work or deliveries with the Road and Bridge Department. 29. Any Subcontracting must be. approved prior to commencement of the contract by the County Engineer and Brazos Couhty, 30. Any variation from the specifications in this bid document must be indicated on the bid or on a separate attachment to the bid and labeled as such. 32. The County does not guarantee to purchase any minimum or maximum quantities. If any quantities are listed in the bid, they are estimated quantities used for calculating purposes only. Vol. 201 Pe. �214 Bid CoaHnuation $heel Bid Request No.- 2014 =51 - - -- - BRAZOS COUNTY, TEXAS Page 5 of 10 Pages 33. In the event the Supplier is unable to fumish any item within a reasonable time after order is placed due to strikes, war or any reason beyond the Supplier's control, the County reserves the right to purchase these items from any source, without causing this contract to be canceled. 34. The successful vendor ,should submit itemized invoices with clearly marked remittance copies to the following address; ATTN: Auditors 200 South Texas Ave, Suite 218 Bryan, TX 77803 Statements of accounts will not be sufficient to warrant payment. Unless other Arrangements have been made; all invoices to 1 e paid in full within 30 days after satisfactory delivery of commodities and or services and receipt of invoice at the listed address. Checks will be made payable to the successful vendor only, and shall not include sub- contractors; assignees, of any other party. 35. As a'govetrimental subdivision, Brazos County is exempt from most types of i. laxe$, including but not limited to Sales tax, excise tax, and import duties. Such costs must not be included in bid pri ces. Tax Exemption Certificates can be obtained upon request by contacting the Brazos County Purchasing Department - (979)361 -4290. 36. Upon.acceptance of a purchase order for any commodity or materials purchased by Brazos County, the vendor agrees to protect the county from any claim involving patent right infringement; copyright infringement, sales franchise disputes. 37. Unless otherwise specified, all items ordered from the successful vendor must `be new; unused, and 'in' first class condition. Products usually packaged for commercial, sale shall be fumished in proper container so as to facilitate storage and handling. 38. Potential Vendors are advised they may have disclosure requirement pursuant to Texas Local Government Code, Chapter 176. This law requires persons desiring to do business with the County to disclose any gifts that have an aggregate value in excess of $250.00 given to any employee of the County, County Official to the County Official's family members or employment of any employee of the County, County Official or the County Official's family members during the preceding twelve (12) month period. The disclosure questionnaire must be filed with the Brazos County Clerk. Refer to Texas Local Government Code, Chapter 176 for the details of this law. Vol. 201 Pg. ��7 A. .... .. _- ...- ._- ...... _:- ..i..�... ... _. .. ... Brd Continuahon Sheet _ _Bid Request o: - _ - -- BRAZOS COUNTY, TEXAS Page 6 of 10 Pages 39. Bidder understands that Brazos County is a government subject to Texas State and Federal public information' statutes. Bidder hereby waives any obligation to the release to the public of any documents submitted in accordance with this bid 40. Brazos County reserves . the right to award the'tontract to several vendors. The successful bidders will have the exclusive right and duty to provide the products listed herein to the County, The County does not guarantee to purchase any minimum quantities. 41. The County shall consider continuing non - performance by vendor with regards to both the terms and the specifications of this bid as a basis for termination of the contract. The County shall not pay for work, equipment, supplies or services that are unsatisfactory. The Supplier will be given a reasonable opportunity to correct deficiencies prior to termination of the contract. C. SPECIAL PROVISIONS l: All deliveries are to be made F.O.B. Brazos County' Road and Bridge Department, during regular working days, and between the hours of 7:30 A.M. and 5:00 P.M. Monday through Thursday, unless otherwise requested by the County and loaded into County trucks by the Supplier, or loaded and hauled and delivered anywhere in the County by the Supplier during the mentioned working days and hours. 2. 'Vendor will be required to notify the County Engineer's Office in the event of unforeseen delay arising in the delivery of a specified shipment. In the event a shipment will not arrive at the job site within two (2) hours of designated time Brazos County shall have the right to refuse acceptance of the order. 3. Vendor will be required to deliver to Brazos County Road and Bridge Department or job site in Brazos County when and where requested and remain on the job with truck and operator as long as required to completely place load. 4. Brazos County reserves the right to test any materials delivered at the requested site for compliance with specifications. The Bidder will remove. immediately from the job site or right of way any materials that are deemed unsatisfactory. 5. Material Safety Data Sheets and Placards must be furnished at the time of delivery as specified by State and Federal Regulations (IF APPLICABLE) 6. Any Vendor vehicles traveling on County roads will not exceed its legal gross weight. 7. Unless otherwise specified when an order is placed, all items in this advertisement shall meet or exceed the best standards usually provided in the general trade for the items designated. Vol. 201 Pg. �211 Bid Continuation Sheet BRAZOS COUNTY, TEXAS D. INSURANCE REQUIREMENTS Bid Request No:-2014 =5l[ Page 7 of 10 Pages I . The Bidder shall instruct his insurance agent or carrier to furnish to the County a Certificate of Insurance attesting to the issuance of the following parts of this section. Please note ihat such Certificates of Insurance and any required bonds must be issued and then approved by Brazos County Risk Management. The Certificate of Insurance must be approved by Risk Management before any deliveries can be made. 2. The Bidder shall fumish and keep in full force the following insurance during the term of this Contract: a. Statutory Workmen's Compensation and Employer's Liability insurance with waiver of subrogation. b. General Liability with limits for bodily injury and for property damages of not less than $1,000,000 CSL with Brazos County named as an additional insured. C. Comprehensive Automotive Liability with single limits of $1,000,000 for Bodily Injury and Property Damage Liability. 3. All of the aforementioned policies and Certificates of Insurance should be issued immediately after the Bidder receives notification of award. 4. The Vendor agrees to hold harmless Brazos County from any and all claims and liability due to the .acts of the Vendor's employees and the operation of his equipment. The Vendor also agrees to hold harmless Brazos County from any and all expenses, including attorney fees, incurred by Brazos County in litigation or otherwise resisting" such claims or liabilities as a result of the Vendor's employees' activities. Further, the Vendor agrees to protect, indemnify and hold harmless Brazos County from and against all claims, demands and causes pf action of every kind and character brought iby any employees of the Vendor against Brazos :County due to personal injuries and/or death to such employee resulting from any neglect act, by either commission or omission on the part of the vendor or Brazos County. Vol. 201 Pg. -�_, / �, Bid- Contiquatioii Sheet -" BRAMS COUNTY, TEXAS E. REFERENCES - -- -- -- Bid - Request No: 2014 -51 Page 8 of 10 Pages Vendors shall provide a list of at least three(!) references, where work comparable in quality and scope to that specified has been performed within the past five (5) years. This list should inblude the names, phone number and email of the company /entity for which the prior work was performed to contact these references. A negative reference may be grounds for disqualification of bid, " Company/Entity: Indiana Department of TRansportation Contact: Diana Poturalski Phone: 317 -234 -5203 Email !,,.y .., v ��r � ry r a s•, r aJr Y41r i 77 x z'4 .t?�t.SW fu••'i��.©'2 .r rr ^• le. rr �= ��, ,.- ..�'?� ;: �s'.YOi,'�' IS�t .'tii ldG�r �i_ �: wa r•xd';�ti5:�.' I. m. �. �3�?Xl'�l',d u:_...• c -.+'�.•.y�'2�_�.��.:�•�$:.c:r� Company /Ehiity: Commonwealth of PA Contact: .Richard Woodworth Phone: 7177787 -4103 - Email: rwoodworth.state oa us SN11i: -,.5 m�•r1;` ''vv i(TN.1, ➢r wr �� i WN�v''rhS.��1�:,1i 5if�, �rh ,Fd.•,i�.f✓LYR'rw4'�?^Y.�'?Ta �n� >I:�tt:;CT��. S:'.�.•t;4iR_Yir'. Company/Entity: State of Vermont Contact: Steven. Smith Phone: 802 828 46n9 Email: Vol. 201 Pa. ✓'�°Z Bid Continuation Sheet -- — - - BRAZOSCOUNTY,TEXAS F. SPECIFICATIONS - - - Bid Request No. 2014 -51- - - Page 9 of 10 Pages Blade must be built from the highest quality Boron steel Steel shall be through - hardened to produce a minimum hardness of Brinell 400. 2. Blades need to be of curved design with beveled or sharpened ends. 3. 6" or 12" center to center. GUARANTEE: Breakage while on motor grader - if a blade, breaks during operation, the blade will be replaced by supplier, free of charge to the County. G. QUOTATIONS The following quantity is an estimate of our anticipated purchases and will be used ONLY for tabulation purposes. The specified estimate is not a guaranteed minimum. Fill in the blanks with unit prices and extensions that are firm for the period of this contract. Any bids received indicating an escalator clause shall be considered non - responsive. Estimated Unit price Item Quantity Description Cost Delivered 1 500 7 foot Motor Grader Blades a) 7' x 518" x 6" w/ 518" Holes $ 61.00 /blade b) 7' x 5/8" x 6" w/ V Holes $ 61. oo : /blade 2: Make and Model: VALK 51Bx6x7 3. Material used in manufacture of blades: 15B30 steel 5. Delivery to be completed within 30 -60 consecutive calendar days after receiving order. 6. Store location: New Kingstown, PA Vol. 201 Pg. ;2v2-/ - -Bid Continuation Sheet - -- BRAZOS COUNTY, TEXAS 11. CERTIFICATION OF BID - - - - -- - -- - -Bid Request No. 2014 -51- - Page 10 of 10 Pages The undersigned affirms that they are dul a to execute this contract, that this bid has not been prepared in collusion wi oth endor contents of this bid have not been communicated to an r vendo for t e ing of is bid. SIGNED BY: TYPED Ted, P. Valk. - TITLE: President COMPANYNAME: Valk Manufacturing Company PHONE: 71 7- 766 -0711 MAILING ADDRESS: PO Box 428 P.O. Box or Street New Kingstown, PA 17072 City TX Zip EMAIL ADDRESS: bladesales @vat kmfg com VENDOR TAX IDENTIFICATION NUMBER: 23- 1399803 CORPORATE SEAL 7F SUBMITTED BY A CORPORATION END OF BID REQUEST NO.2014 -51 By signing below, ,Brazos County agrees that this bid, 2014 -51, will be awarded as dictated on the associated bid tabulation sheet, to the vendor whose name appears above and both parties agree to the terms and conditions contained herein. By: Brazos County Commissioner's Court Date 1' Attest: Brazos County Clerk /L4 u Vol. 201 Pg. BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2013 -2014 BUDGET YEAR NO. 13/14 29.1— 29.6 On this the 29th day of April 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 1 C. Sammy Catalena, Commissioner, Precinct 2 D. Kenny Mallard, Commissioner, Precinct 3 E. Irma Cauley, Commissioner, Precinct 4 F. Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on 29th day of April 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 29th day of April 2014. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. By: — Duane Peters, County Judge Original: County Clerk's Office and Attached to the original budget Copies: County Auditor County Treasurer County Budget Officer Commissioners' Court Minutes Vol. 201 Pg. ��-3 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 13114 - 29.1 4/2912014 FUND DIV ACCT PROJ DRICR ACCOUNT NAME Increase Decrease 0100 11000500 51820000 CR Merit 899.00 0100 28000100 51615000 DR Hourly Law Enforcement 726.00 0100 28000100 53100000 DR Social Security 56.00 0100 28000100 53200000 DR Retirement 102.00 0100 28000100 53800000 DR Workers Comp 15.00 Non-Departmental and SO - Admin Reallocation of funds to provide funding for the approved position changes. The reclassifications were approved on April 15, 2014, Item # 7. Vol. 201 Pg. �� l BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 13/14-29.2 Vol. 201 Pg. ��5 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 13114.29.3 Vol.-201 Pg. Iz d BRAZOS COUNTY, TEXAS BUDGETAMENDMENTS No. 13114 - 29.4 Reallocation of funds to purchase four MDTs to replace broken units being used in patrol cars. The patrol units that will receive the new MDTs will be Unit 181 (SO). Unit 802 (Constable Pct. 4). Unit 809 (Constable Pct. 4). and one will be a svare. Vol. 201 Pg. 2,2 % BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 13/14 - 29.5 4/29/2014 WW IN Vol. 201 Pg. ��� BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 13/14.29.6 and of funds for the replacement of the Bmas Center HVAC. For FY 14, $360,000 was approved for the replacement of the Vol. 201 Pg. -- --- _. - -. _ __ .._ _ _ PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: April 29, 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 District Clerk Smith, Kresta Transfer Win Dept. S.O. — Jail Tax Office Wersig, Michael New Hire Bonnett, Nigel Resignation Drake, Daniel Resignation Hulick, Samantha Resignation Jones, Cody Termination Patke, Michael Resignation Klintworth, Lisa Approved in Commissioners' Court: April 29 County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) Vol. 2 01 Pg. 9—fn Resignation 19