HomeMy WebLinkAbout2014-07-01-10:00AM REGULAR MEETINGBRAZOSCOUNTY
BRYAN,TEXAS
NOTICE OF MEETING AND AGENDA
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BRAZOS COUNTY COMMISSIONERS COURT
THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN
REGULAR SESSION ON JULY 1, 2014 AT 10:00 AM IN THE COMMISSIONERS
COURTROOM CF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH
TEXAS AVE., SUITE 106, BRYAN, TX 77803
1. Invocation and Pledge of Allegiance - U.S. and Texas Flag - Chaplain G.H. Jones and
Judge Peters.
2. Call for Citizen input and/or concerns.
3. Presentation(s)
Presentation of results of Chamber Day survey.
Consider and take action on agenda items 4 - 20:
4 Consider and take action on the Application of Saldana Auto Service
5. Consider and take action on request for a one time waivor of Penalty and interest on Property ID
#10486b
6. Consider and approval of First Amendment to Contract of Sale of Improved Property between Brazos
County and Larry West Repair Services.
7, Consider and approval of First Amendment to Contract of Sale of Unimproved Property between
Brazos County and Larry and Mary Jane West.
8. Renewal of contract 2014.70R Water Treatment with Fort.¢gnd Services.
g. Approval of contract whh Thyssen Krupp for elevator maintenance.
10. Approval and ratification of purchase order 14003276 to Energy Laboratorles In the amount of $600 for
additional soil samples on dirt from fuel tank removal.
11. Considor and take action on indomnification and removal of the following assets from Road and
Vol.-204 Pg. /
12.
13.
tl_eguest
permission to enter private property
owned by Carla Henderson located on Blue Rldrie Drive
Pro
get will cut and remove dead brush along
right -of -way I fence line. Site is located in Precinct 1.
14.
Request
permission to enter private property
owned by Roy and Cindy Brantley located on 1 &GN Roar
15. Approval of Treasurer Report for May 2014.
16. Tax Refund Applications for the following
• a Kenneth D & Mary K Brock Trustee - overpayment- $454.24
• b Betty Norcomoverpavment- $20.00
17. Personnel Change of Status.
Personnel Action Forms
16. Payment of Claims.
19. Convene into Executive Session pursuant to Texas Government Code 551.071 to
consult with attorney about pending or contemplated litigation and /or a settlement offer.
20. Consider and possible action on Executive Session.
21. Acknawiedament of inventory of all property on hand and belonalna to the County and each
22. Sheriffs report on inmate population.
23. Announcement of interest items and possible future agenda topics.
24. Call for Citizen input and/or concerns.
25. Adjourn.
Vol. 204 Pg. -1
�..t
PUBLIC COMMENTS
Public Comment during the Commission Meeting may be for all matters, both on and off the agenda, and be limited to four
minutes per person. Persons are invited to submit comments In writing on the agenda items andlor 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 Se Won 18 of the Texas
Consbtution. As a Constitutional Court, the Brame County Commissioners Court also pcssesses the power to issue a
Contempt of Court Citation under Sectlm 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, andlor 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 andlor who do not conduct
themselves In an orderly and appropriate manner will be ordered to leave the meeting. Refusal to abide by the Court's Order
and /or continued disruption of the meeting may resat In a Contempt of Court Citation.
It is not the Intention of the Brazos County Commissioners Court to provide a public forum for the demeaning of any individual
or group. Nether is it the Intention of the Court to allow a member (or members) of the public to insult the honesty andlor
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 andlor any person in the Court's presence
and/or radial, ethnic or gander slurs or epithets will not be tolerated. Violabon of these rules may result in the following
sanctions:
1. cancellation of a speakers time;
2. removal from the Commissioners Court;
3. a Contempt Citation; andlor
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 it a matter has been listed on an agenda property posted
prior to the meeting. During the public comment period, speakers may address matters not listed on the published agenda. The
Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court. However,
responses from the County Judge or Commissioners to unlisted public comment topics could become deliberation on a matter
without notice to the public To ensure the public has notice of all matters the Commissioners Court will consider, the County
Judge andlor 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 7
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
necessarly represent the religious beliefs or views of the Court in part or as a whole. No member of the community Is required
to attend or participate in the Invocation and such decision will have no impact on their right to actively participate in the
business of the Court.
The Commissioners Courtroom of the County Administration Building, 200 South Texas Ave., Suite 106, Bryan, TX 77803 is
wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two
working days before the meeting. To make arrangements, please call (979) 361 -4102.
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Vol. 204 Pg.
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1P
BRAZOS COUNTY
BRYANJEXAS
MINUTES
July 1, 2014
BRAZOS COUNTY COMMISSIONERS COURT
REGULAR MEETING
M File Stamped Aaenda.pdf
US Sian in sheet.0
A regular meeting of the Commissioners' Court of Brazos County, Texas was held in
the Brazos County Commissioners Courtroom in the Administration Building, 200
South Texas Avenue, in Bryan, Brazos County, Texas, beginning at 10:00 a.m. on
Tuesday, July 1, 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 Judge Peters.
Call for Citizen input and /or concerns.
There was no citizen's input.
Presentation(s)
Vol. 204 Pg. ?,
Presentation of results of Chamber Day survey.
The Court heard a presentation by Royce Hickman, President of the Chamber of
Commerce on the results of a survey that was done on the local economy.
Consider and take action on agenda items 4 - 20:
4. Consider and take action on the Application of Saldana Auto Service.
Item 4.pdf
Bill Ballard, Civil Counsel reminded the Court of the public hearing it held and the 60
day period the Court has in which to make a decision. The Court voted to deny the
application submitted by Saldana Auto Service for a Junkyard, Automotive Wreck and
Salvage Yard on the basis of the location of the proposed yard would be detrimental to
the public health, safety or welfare. A copy of the order is attached.
Motion: Deny , Moved by Commissioner Irma Cauley, Seconded by Commissioner
LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard ,
Peters , Wassermann .
5. Consider and take action on request for a one time waiver of penalty and interest on
Property ID #04855.
L.-' Item 5.pdf
On the advice of Bill Ballard, Civil Counsel, the Court denied a request for a one time
waiver of penalty and interest on a property. Mr. Ballard explained that the tax code
related to this request does not fit the provision.
Motion: Deny, Moved by Commissioner LLoyd Wassermann, Seconded by
Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena , Cauley ,
Mallard , Peters , Wassermann .
6. Consider and approval of First Amendment to Contract of Sale of Improved Property
between Brazos County and Larry West Repair Services.
, Item 6.pdf
The closing date will be extended by sixty (60) days with closing date to be July 29,
2014.
Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by
Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley ,
Mallard , Peters , Wassermann .
Consider and approval of First Amendment to Contract of Sale of Unimproved Property
between Brazos County and Larry and Mary Jane West.
C Item 7.pdf
The closing date will be extended by sixty (60) days with closing date to be July 29,
2014.
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena ,
Cauley , Mallard , Peters , Wassermann .
Renewal of contract 2014 -70R Water Treatment with Fort Bend Services.
I I Item 8.pdf
The contract is for the period October 1, 2014 through September 30, 2015. All terms,
conditions and pricing shall remain the same.
Vol. 204 Pg. J
Motion: Approve, Moved by Commissioner Lloyd Wassermann, Seconded by
Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena,
Cauley, Mallard, Peters, Wassermann .
9. Approval of contract with Thyssen Krupp for elevator maintenance.
9 Item 9.odf
The Court accepted as submitted the contract with Thyssen Krupp for elevator
maintenance. The term of the contract is for 18 months starting April 25, 2014 and is
non - cancelable. The cost to Brazos County will be $2,709.51 per month paid quarterly
in advance. A copy is attached.
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley,
Mallard . Peters . Wassermann .
10. Approval and ratification of purchase order 14003275 to Energy Laboratories in the
amount of $600 for additional soil samples on dirt from fuel tank removal.
0 Item 10.odf
Motion: Approve, Moved by Commissioner Lloyd Wassermann, Seconded by
Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley,
Mallard, Peters, Wassermann .
11. Consider and take action on indemnification and removal of the following assets from
Road and Bridge inventory due to loss of items:
6v Item 11.odf
1. Asset # A001001727 - 2009 Echo SC440 18" Chainsaw /Serial &12019775.
2. Asset # A001001419 - 2008 Echo PPT -260 Polesaw /Serial # 11005374.
Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by
Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley,
Mallard . Peters. Wassermann .
12. Request permission to enter private property owned by Edwin and Melissa Davis
located on Blue Ridge Drive. Project will cut and remove dead brush along right -of -way /
fence line. Site is located in Precinct 1.
= Item 12.adf
Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by
Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena,
Cauley, Mallard, Peters, Wassermann .
13. Request permission to enter private property owned by Carla Henderson located on
Blue Ridge Drive. Project will cut and remove dead brush along right -of -way / fence line.
Site is located in Precinct 1.
E Item 13.0
Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by
Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley,
Mallard . Peters. Wassermann .
14. Request permission to enter private property owned by Roy and Cindy Brantley located
on I &GN Road. Project will extend driveway slope onto private property to achieve
desired slope for proper roadway alignment. Site is located in Precinct 1.
0 Item 14.odf
Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by
Vol. 204 Pg. 6
Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley,
Mallard , Peters, Wassermann .
15. Approval of Treasurer Report for May 2014.
0 Item 15.odf
The Court voted unanimously to receive, approve and order filed as submitted the
Treasurer's report for May 2014. A copy is attached and made a part of these minutes.
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena , Cauley
Mallard , Peters , Wassermann .
16. Tax Refund Applications for the following:
= Item 16.0
• a. Kenneth D. & Mary K. Brock, Trustee - overpayment- $454.24
• b. Betty Norcom- overpayment - $20.00
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Kenny Mallard. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wassermann.
17. Personnel Change of Status.
Personnel Action Forms
0 Item 17.0
A copy of the Personnel Change of Status requests is attached.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard,
Peters . Wassermann .
18. Payment of Claims.
r— Claims Sheelodf
ILO BILL LIST 07.01.14.odf
7122831 through 7123049
Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner
Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard ,
Peters. Wassermann .
19. Convene into Executive Session pursuant to Texas Government Code 551.071 to
consult with attorney about pending or contemplated litigation and /or a settlement offer.
At this point, the County Judge announced the Court would consider items 21 through
24 then return to convene into Executive Session to consult with attorney about pending
or contmeplated litigation and /or a settlement offer pursuant to Section 551.071 of the
Texas Government Code.
Having considered the previously noted agenda items, at 10:37 a.m. the County Judge
Vol. 204 Pg. 7
closed the meeting to the public. He asked that the following individuals stay for the
session:
Candy Gallego, Executive Assistant
Bill Ballard, Civil Counsel
Kendra Suhling, Civil Counsel
Jay Goss, Attorney with Bruchez, Goss
Eric Caldwell, Chief Information Officer
Ian Soares, Project Manager
Bill Jeanes, Risk Manager
20. Consider and possible action on Executive Session.
At 11:29 a.m. the County Judge announced the meeting open to the public and on
motion by Commissioner Cauley, seconded by Commissioner Catalena , the Court
voted unanimously to empower the County Attorney along with outside counsel to
pursue litigation for breech of contract and all other legal causes of action.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard,
Peters, Wassermann.
21. Acknowledgment of inventory of all property on hand and belonging to the County and
each subdivision, officer and employee of the County pursuant to the Texas Local
Government Code 262.011 (i).
DE Item 21.odf
The Court acknowledged receipt of inventory of all property on hand and belonging to
the county, each subdivision, officer and employee.
22. Sheriffs report on inmate population.
Wayne Dicky, Jail Administrator stated there were 638 inmates in jail, 75 have electronic
monitors and 14 are pending for monitors.
The peak for June came on June 8, 2014 when there were 667 inmates in jail. The
average for June is 643. This is a 4% increase over June of last year.
23. Announcement of interest items and possible future agenda topics.
There were no announcements.
24. Call for Citizen input and /or concerns.
There were no announcements.
25. Adjourn.
Vol. 204 Pg. % A
The foregoing minutes of the Commissioners Court meeting held July 1, 2014 have been
examined and are approved in open Court this A�— 4- day of �T
in Bryan, 4Wos Cq;mty, Texas.
County Judge
eA � Precinct ussi �..
u.
Attest:: /
Karen McQueen
County Clerk
Vol. 204 Pg.
Lloyd Wassermann
Commissioner, Precinct 1
Kenny Mallard,
Commissioner, Necinct 3
BRAZOSCOUNTY
COMMISSIONER'S COURT
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Vol. 204 Pg.
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BRAZOSCOUNTY
COMMISSIONER'S COURT
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Organization
(PLEASE PRINT)
Vol. 204 Pg. /L,'
4
ORDER NO. 14 -007
AN ORDER OF THE BRAZOS COUNTY COMMISSIONERS COURT,
PURSUANT TO TEXAS TRANSPORTATION CODE CHAPTER 396 AND
ITS ORDER ESTABLISHING RULES FOR JUNKYARDS,
AUTOMOTIVE WRECKING AND SALVAGE YARDS, CONSIDERING
THE APPLICATION OF SALDANA AUTO SERVICE.
WHEREAS, Brazos County, Texas ( "County") is a county of the State of Texas, having
been duly created and organized under the constitution and laws of Texas, and further, the
Brazos County Commissioners Court ( "Commissioners Court') is the governing body of said
County; and,
WHEREAS, pursuant to the Texas Transportation Code Chapter 396, and other
authority, the County Commissioners, on March 12, 2013, established rules for junkyards,
automotive wrecking, and salvage yards ( "Rules "); and,
WHEREAS, on June 2, 2014, Brazos County received an application for junkyards,
automotive wrecking and salvage yards license from Saldana Auto Service; and,
WHEREAS, on June 17, 2014, after proper notice, the Commissioners Court conducted
a Public Hearing as required by Article 6, Section A of the Rules; and,
WHEREAS, not more than sixty (60) days have passed following the public hearing
required by the Rules; and,
WHEREAS, the Commissioners Court finds and determines that all public notice,
hearing, administrative, and procedural matters required by law have been timely initiated and
completed regarding the Application;
NOW, THEREFORE, BE IT RESOLVED AND ORDERED by the Brazos County
Commissioners Court, for and in behalf of said County and in the public interest, as follows'
THE PERMIT /LICENSE APPLIED FOR BY SALDANA AUTO SERVICE IS
GRANTED
_DENIED
The Commissioners Court denies the approval of the licenselpermit of Saldana
Auto Service for the following reason(s):
the location of the proposed yard would be detrimental to the public
health, safety, or welfare;
Vol. 204 Pg. / /
1 /the location of the proposed yard would create a hazard to the
environment;
V' the location of the nearest boundary of the proposed yard would be within
one thousand (1,000) feet of the nearest property line of property on which
there is a church, a school, a park, a hospital, a nursing home, or a
residence (single - family home, duplex, apartment, townhouse, or mobile
home), or the nearest boundary of a residential subdivision for which
County has approved a survey's plat;
the location of the proposed yard would be, incompatible with the
surrounding development;
_ the location of the proposed yard would be detrimental to the economic
/ welfare of Brazos County;
the location of the proposed yard would be within one thousand five
hundred (1,500) feet of a lake, river, tributary or pond;
the location of the proposed yard would be within the one hundred (100)
j' yard flood plain;
the applicant has not complied with Article 5 of these rules.
This order was considered, ordered, approved, and enacted at a public
meeting of the Commissioners Court held in compliance with the Texas
Open Meetings Act.
CO SIDERED, ORDERED, APPROVED, AND ENACTED on the L day of
2014.
SIGNED on the day of 2014.
Duane Peters, County Judge
k"9 t �
Comfnissioner Lloyd Wassermann
Precinct 1
Commissione envy Ma rd
Precinct 3
ATTEST:
azen McQueen, oun Clerk
Vol. 204 Pg.
PERMIT#
(OFFICE USE ONLY)
BRAZOSCOUNTY
ROAD AND BRIDGE DEPARTMENT
RECEIVEV 1UM IR
APPLICATION FOR JUNKYARDS, AUTOMOTIVE WRECKING AND SALVAGE YARDS
LICENSE
This application will expire (1) year from date issued
The undersigned hereby makes application for:
✓ Operation of a junkyard
Expansion of any of the above
Change of the location
Operation of an automotive wrecking yard
Operation of a salvage yard
This form must be completely filled out to be accepted. Please type or print all information. A check, cash or money order for $25.00 must
accompany this application. A current drivees license must be provided for a copy to be kept on file. There will be no refunds once this application is
submitted.
Name of Business /Operation:
Site Address:
4 Mailing Address.
City. LJV 111
Name of Applicant:
11t�a Phone: Lq M * F a(L07
Phone:
Applicant's Re�gmfat] Z?
Address:: ��lJ LJi In
City: r JV WN n State: �%Ipx ) Zip. Phone:
Location of deed recorded In Property Records of Brazos County, Texas
Page Number: Volume Number:
Exact Legal Description of Proposed Operation:
Please attach a detailed ljrawino I the DroDosed facility.
Is the applicant a partnership? _No Yes If yes, please provide the name, mailing address, residential street address and business
street address for each member of the partnership.
Name:
Address:
City. _
Zip:
Phone:
Is the applicant a corporation? IV No Yes If yes, please provide the name, mailing address, residential street address and business
street address for each officer and director of the corporation and the name and address of process on the registered agent of the corporation.
Name:
Address:
Zip:
Vol. 204 Pg. 1-3
Phone:
Additional Documents Required.
1) If an assumed name (d/bla) is used, a date - stamped copy of Certificate of Assumed Name
2) If the applicant is a general partnership, a copy of the fully executed partnership agreement
3) If the applicant is a limited partnership. a date - stamped copy of the Certificate of Limited Partnership
4) If the applicant is a corporation, a date- stamped copy of the Articles of Incorporation filed with the Secretary of State and a certified copy of
the corporate resolution authorizing the corporation to file an application pursuant to these rules and designating the officer authorized to
execute the application,
5) If the applicant is not the owner in tee simple of the proposed yard, a property executed power of attorney or other written evidence of the
agency agreement between the applicant and the owner.
• Applican green to ply with The Brazos County Order Establishing Rules For Junkyards, Automotive Wrecking/ And
Ar,
Date
e
'Applicant gr 6iti Brazos CourAy authority to place notices pursuant to Article 3.02 (c) and access to the site of the proposed yard. All information
contained s d {iplication all De,tru and correct to the test of the applicant's knowledge and beMef. Applicant acknowledges that the license
applied If a all a subject II w 6(on of the codes and statues of the 'State of Texas,' /
Date ,G7
Si of Cnv
S so 2 S 4
Owner's Driver License Number
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF BRAZOS
Before me, the undersigned authority, on this day personally appeared - aUA" known to me to be the persons) whose
name(s) istare signed to the foregoing application and duly swom by te, etch states underAsth that he has read the said application and all facts
therein set forth are true and correct. Sworn to before me, this d n rk day of Clr L" 20
LINDA K. NARROD O A Y LIBLIC
Notary Public. State of Texas
My Commission Expires
lebtudry 26, 2015
*THIS APPLICATION WILL EXPIRE (1) YEAR FROM DATE ISSUED'
APPROVAL OF APPLICATION:
This Request Is Approved (or) Denied by the County Engineer's Office on �f��i� . 20.
County Engineer or auth ed agent
T Requ pproved )Denied " by Commlaeloner's Court on c�, 20�.
E. Duane Peters, County Judge
QI1L ,52rvic2
I hereby certify that the application of I 1 tui was Approved (or) Denied by the
Brazos County Commissioner's Court on , 20
dare' n McQueen, County Clerk
Vol. 204 Pg. /Z/
First Amendment to Contract of Sale of Improved Property
This First Amendment to Contract of Sale of Improved Property ( "Amendment ") is made to be
effective as of May 19, 2014, by and between Brazos County, a Political Subdivision of the
State of Texas ( "Purchaser ") and Larry West Repair Service, Inc., a Texas corporation
( "Seller").
Whereas, the Purchaser and Seller entered into that certain Contract of Sale of Improved
Property dated January 31, 2014 ( "Contract "); and
Whereas, all capitalized terms used herein and not defined herein shall have the meaning given
those terms in the Contract; and
Whereas, the Seller has deposited the Earnest Money Deposit of $2,500 ( "Earnest Money ");
and
Whereas, the Contract deadline for Closing was May 30, 2014; and
Whereas, the Seller has requested that the Purchaser extend the Contract pursuant to the
terms of this Amendment; and
Whereas, the Purchaser has agreed to extend the Contract pursuant to the terms of this
Amendment.
Now, therefore, in consideration of the mutual covenants set forth herein, the adequacy of which
is hereby acknowledged, the Purchaser and Seller agree as follows:
1. Closing Extension. The Closing Date is extended by sixty (60) days from May 30,
2014, so that the Closing Date will be July 29, 2014 ( "New Closing Date ").
2. No Amendments. Except as expressly modified herein, the Contract is not amended.
3. Signatures. This Amendment and all other copies of this Amendment, insofar as they
relate to the rights, duties, and remedies of the parties, shall be deemed to be one
agreement. This Amendment may be executed concurrently in one or more
counterparts, each of which shall be deemed an original, but all of which together shall
constitute one and the same instrument. The parties expressly agree that a copy of this
Amendment transmitted by facsimile or email that contains the signature of one of the
parties, shall for all purposes be treated as an original and shall be binding against the
parties hereto.
This Amendment shall be effective for all purposes as of the date set forth in the first paragraph.
[SIGNATURES TO FOLLOW ON NEXT PAGE)
First Amendment to Contract of Sale of Improved Property Page 1 of 3
Vol. 204 Pg. 5
SELLER:
Larry West Repair Service, Inc.,
a Texas corporation )
By: :
Name:
Title: _ I
PURCHASER:
Braz Co ty, olitic ubdivision of
the St to of ex S
By:
Duane Peters, Brazos Coun dge
First Amendment to Contract of Sale of Improved Property Page 2 of 3
Vol. 204 Pg. /(�
Exhibit "A"
FIELD NOTES
BOUNDARY SURVEY
OF THE
LARRY WEST REPAIR SERVICE, INC.
10.00 ACRES
VOLUME 6055, PAGE 237
ISAIAH CURD SURVEY, A -11
BRAZOS COUNTY, TEXAS
MAY 14, 2014
All that certain lot, tract or parcel of land being 10.00 acres situated in the ISAIAH CURD
SURVEY, A -11, Brazos County, Texas, and being all of that certain Called 10.00 acre tract
described in deed from Larry H. West D /B /A West Repair Service to Larry West Repair Service,
Inc. of record in Volume 6055, Page 237, Official Records of Brazos County, Texas, said 10.00
acre tract being more particularly described by metes and bounds as follows:
BEGINNING at a Y:" Iron Rod found for the most westerly corner, said corner being in the
southeast line of Larry West 2.99 acre strip of land of record in Volume 11249, Page 1272, said
corner also being the most northerly comer of Bob E. and Joan D. Oneal Called 15.00 acre tract
of record in Volume 974, Page 44;
THENCE N 47 014'42" E along the southeast line of said 2.99 acre strip of land a distance of
290.21 feet to a '/" Iron rod with Cap set for the most northerly corner, said corner also being
the most westerly comer of said Nancy H. Kluck Called 10.00 acre tract of record in Volume
3909, Page 186;
THENCE S 47 °45'51" E along the southwest line of Nancy H. Kluck tract at a distance of
1055.53 feet pass a '/" Iron Rod found for the most southerly corner of said Called Nancy H.
luck 10.00 acre tract, and continuing for a total distance of 1494.13 feet to a 5/8" Iron Rod with
Cap found for the most easterly comer, said comer also being the most southerly corner of the
Dennis Wayne Beal Called 9.341 acre tract of record in Volume 11663, Page 239;
THENCE S 42 °14'51" W along the northwest line of Gwendikyn Weiser Hutchinson Called
208.00 acre tract in Volume 6455, Page 129 a distance of 289.18 feet to a Iron Rod with Cap
set for the most southerly comer, said comer also being the most easterly corner of Bob E. and
Joan D. Oneal Called 15.00 acre tract of record in Volume 974, Page 44;
THENCE N 47 045'51" W along the northeast line of said Called 15.00 acre tract a distance of
1519.41 feet to the PLACE OF BEGINNING CONTAINING AN AREA OF 10.00 ACRES OF
LAND MORE OR LESS, according to a survey performed on the ground during the month of
March, 2014 under the supervision of H. Curtis Strong, Registered Professional Land Surveyor
No. 4961 and working under Firm No. 10093500. North Orientation is based on rotating the
northeast line to GRID North NA083 State Plane Central Zone (CORS96). For other
information see accompanying plat.
First Amendment to Contract of Sale of Improved Property Page 3 of 3
Vol. 204 Pg. f /1"
First Amendment to Contract of Sale of Unimproved Property
This First Amendment to Contract of Sale of Unimproved Property ( "Amendment ") is made to
be effective as of May 19, 2014, by and between Brazos County, a Political Subdivision of the
State of Texas ( "Purchaser") and Larry West and wife, Mary Jane West ( "Seller").
Whereas, the Purchaser and Seller entered into that certain Contract of Sale of Improved
Property dated January 31, 2014 ( "Contract "); and
Whereas, all capitalized terms used herein and not defined herein shall have the meaning given
those terms in the Contract; and
Whereas, the Seller has deposited the Earnest Money Deposit of $5.00 ( "Earnest Money "); and
Whereas, the Contract deadline for Closing was May 30, 2014; and
Whereas, the Seller has requested that the Purchaser extend the Contract pursuant to the
terms of this Amendment; and
Whereas, the Purchaser has agreed to extend the Contract pursuant to the terms of this
Amendment.
Now, therefore, in consideration of the mutual covenants set forth herein, the adequacy of which
is hereby acknowledged, the Purchaser and Seller agree as follows:
Closing Extension, The Closing Date is extended by sixty (60) days from May 30,
2014, so that the Closing Date will be July 29, 2014 ( "New Closing Date ").
2, No Amendments. Except as expressly modified herein, the Contract is not amended
3. S_ i natures. This Amendment and all other copies of this Amendment, insofar as they
relate to the rights, duties, and remedies of the parties, shall be deemed to be one
agreement. This Amendment may be executed concurrently in one or more
counterparts, each of which shall be deemed an original, but all of which together shall
constitute one and the same instrument. The parties expressly agree that a copy of this
Amendment transmitted by facsimile or email that contains the signature of one of the
parties, shall for all purposes be treated as an original and shall be binding against the
parties hereto.
This Amendment shall be effective for all purposes as of the date set forth in the first paragraph
[SIGNATURES TO FOLLOW ON NEXT PAGES]
First Amendment to Contract of Sale of Unimproved Property Page 1 of 3
Vol. 204 Pg. %,
SELLER:
Larry West
By: —2��7 �Ij
Mary Jane West
By:
PURCHASER:
Brazos ty, o i I division of
the Sta of cas
By:
DUaNe Peters, Brazos County Judge
First Amendment to Contract of Sale of Unimproved Property Page 2 of 3
Vol. 204 Pg. )Y
Exhibit "A"
All that certain lot, tract or parcel of land being 2.99 acres situated in the ISAIAH CURD
SURVEY, A -11, Brazos County, Texas, and being all of that certain tract as described in deed
from Bobby L. Holliday to Larry West of record in Volume 11249, Page 272, Official Records of
Brazos County, Texas, said 2.99 acre tract being more particularly described by metes and
bounds as follows:
BEGINNING at a '' /2" Iron Rod found for the most westerly corner, said comer also being the
most southerly corner of said Kenneth Wayne West Called 45.745 acre tract of record in
Volume 5257, Page 201, said corner also being located in the northeast right -of -way line of
F.M. 2038;
THENCE N 47 014'42" E along the southeast line of said Called 45.745 acre tract a distance of
1771.74 feet to a'/" Iron Rod found for the most northerly corner;
THENCE S 47 °45'18" W along a southwest line of said 9.341 acre tract a distance of 73.77 feet
to a '' /z" Iron Rod with Cap set for the most easterly comer, said corner also being the most
northerly corner of said Nancy H. Kluck Called 10.00 acre tract of record in Volume 3909, Page
186;
THENCE S 47 014'42" W a distance of 1271.59 feet to a point in a 30" Post Oak for angle point,
said corner also being the most northerly corner of said Joel Padron- Sanchez Called 17.86 acre
tract of record in Volume 11808, Page 49;
THENCE S 47 009'40" W along the northwest line of said Called 17.86 acre tract a distance of
499.86 feet to a ''/2" Iron Rod with Cap set for the most southerly comer, said corner being the
most westerly corner of said Called 17.86 acre tract and also being in the northeast right -of -way
line of said F.M. 2038;
THENCE N 47 056'18" W along the northeast right -of -way of said F.M. 2038 a distance of 74.52
feet to the PLACE OF BEGINNING CONTAINING AN AREA OF 2.99 ACRES OF LAND MORE
OR LESS, according to a survey performed on the ground during the month of March, 2014
under the supervision of H. Curtis Strong, Registered Professional Land Surveyor No. 4961 and
working under Firm No, 10093500. North Orientation is based on rotating the northeast line to
GRID North NAD83 State Plane Central Zone (CORS96). For other information see
accompanying plat.
First Amendment to Contract of Sale of Unimproved Property
Vol. 204 Pg.
Page 3of3
Brazos County
W
Purchasing Department
200 SOUTH TEXAS AVE SUITE 352 BRYAN, TX 77803
PHONE (979) 361 -4290 FAX (979) 361 -4293
June 10, 2014
Fort Bend Services
13303 Redfish Lane
Stafford, TX - 77477
Phone: 281 -261 -5 199
Attn: Mike Griffin
RF..CRi\ ED
JUN 2 6 2014
911!('. {-�- \~i�•:i}
JUN 2 6 2014
BR Y: ,
Re: Renewal ofContract 2014 -70R Water Treatment, previously known as 2013 -76R and 1011 -45
Brazos County appreciates the quality work your company has provided and would like to exercise a renewal option
for contract 2014 -70R, previously known as 2013 -76R and 2011 -45. All terms, conditions, and pricing shall remain
the same. This renewal will start October 1. 2014 through September 30, 2015.
To accept the renewal option, please fill out the information and sign below. Return the signed documents by email
to lcordreras@brazoscountytx.gov or fax to (979) 361 -4293. Please then submit the original signed documents and
an updated Certificate of Insurance by mail to the address listed above. Please return acceptance as soon as
possible. If you have any questions, 1 may be reached at (979) 361 -4294.
Contact Name: _Mike Griffin Telephone: (281) 726 -3335
E -Mail: mgrifftn- fbs @earthiinknet —Fax:—(281) 261-2295
FOR N SEFV1 ES
Authorized Signature (�
BR ZO UNTY 11
Duane Peters, County Judge
Vo1.204 Pg. e /
Date
91 I
Date
IQ 2014 -70R Water Treatment
Previously known as SOQ 2013 -76R and SOQ 2011 -45
October 1, 2014 - September 30, 2015
Type of Inspection
Fort Bend Services
ChemAqua
fHM*:; t
ry
Cost /inspect
Cost /Year
Cost /Inspect
Cost /Year
Closed Water Loop
$10.00
$600.00
$75.00
$4,500.00
Inspection Quarterly
Open Water Loop Inpection
$330.50
$7,932.00
$250.00
$6,000.00
Monthly
Total Combined Inspections
���}p�
�1�
�` q
,.
n
per Year
i�'n
„;,�1
$8;53200
. ,, ag
$10,500.00
RECOMMEND AWARD TO: FORT BEND SERVICES
ppro by Commissi er's Court on this4 day of , 2014 by
�. fi-oIding the position of ' � ?J05
VA 204 Pg. 221
Gold Service Agreement
Purchaser: BRAZOS COUNTY
300 E 26TH ST
BRYAN. TX 77803 -5359
Hereinafter referred to as "Purchaser', "you ", and "your".
By:_, — ThyssenKrupp Elevator Corporation
14820 Tomball Pkwy, Ste 190
Houston, TX 77086
Phone: 713-849-2191
Fax: 866- 251 -4012 -
www.thyssenkruppelevator.com
Hereinafter referred to as "ThyssenKrupp Elevator Corporation ", "ThyssenKrupp Elevator ", "we ", "us" and "our'.
GOLD SERVICE AGREEMENT
ThyssenKrupp Elevator agrees to maintain Purchaser's elevator equipment described below in accordance with this
agreement. We will endeavor to provide a comprehensive maintenance program designed to protect your investment and
maximize the performance, safety, and life span of the elevator equipment to be maintained.
Fnninrnent To Be Maintained
Building Name
Building Location
Manufacturer
Type Of Unit
Unit ID
# Of Stops
BRAZOS COUNTY
COURTHOUSE
300 E 26TH ST
Kone
MRL
Elevator 44
5
BRAZOS COUNTY
COURTHOUSE
300 E 26TH ST
Kone
Geared
Jall Elevator #3
5
BRAZOS COUNTY
COURTHOUSE
300 E 26TH ST
Dover
Hydraulic
Elevefor #1
3
BRAZOS COUNTY
COURTHOUSE
300 E 26TH ST
Dover
Hydraulic
Elevator 92
6
BRAZOS COUNTY
ADMINISTRATION BLDG
200 S. TEXAS
Kone
MRL
ELEVATOR 1
3
oRA70S COUNTY
1700 HIGHWAY 21 W -
TKE
Hydraulic
ELEVATOR 1
3
BRAZOS COUNTY
5827 LEONARD RD
TKE
Hydraulic
EW3065
2
BRAZOS COUNTY
5827 LEONARD RD
TKE
Hydraulic
EW3066
2
BRAZOS COUNTY
1835 SANDY POINT RD
Ohs
Hydraulic
2247789
2
BRAZOS COUNTY
1835 SANDY POINT RD
Otls
Hydraulic
247790
2
'ThyssenKrupp
ThyssenKrupp Elevator Americas
Vol. 204 Pg. A -3
Preventative Maintenance Proaram
We will service your equipment described in this agreement on a regularly scheduled basis. These service visits will be
performed during normal business working days and hours, which are defined as Monday through Friday, 8:00 AM to 4:30
PM (except scheduled holidays). All work performed before or after normal business working days and hours shall be
considered "Overtime'.
ThyssenKrupp Elevator will perform the following services:
Examine your elevator equipment for optimum operation. Our examination, lubrication and adjustment will
cover the following components of your elevator system:
—o — Control and landing positioning systems- - -'--- � - - -- -- - -�-- - - —
o Signal fixtures
o Machines, drives, motors, governors, sheaves, and wire ropes
o Power units, pumps, valves, and jacks
o Car and hoistway door operating devices and door protection equipment
o Loadweighers, car frames and platforms, and counterweights
o Safety mechanisms
Lubricate equipment for smooth and efficient performance
• Adjust elevator parts and components to maximize performance and safe operation
Full Coverace Parts e
ThyssenKrupp Elevator will provide full coverage parts repair and/or replacement for all components worn due to normal
wear, unless specifically excluded in the 'Items Not Covered' or "Other Conditions" provisions herein. We maintain a
comprehensive parts inventory to support our field operations. All replacement parts used in your equipment will be new
or refurbished to meet the quality standards of ThyssenKrupp Elevator. Most specialized parts are available within 24
hours, seven days a week. We will relamp all signals as required (during regularly scheduled visits).
Maintenance Control Program
ThyssenKrupp Elevator performs service In accordance with A17.1 – 2010 / CSA B44 -10. Section 6.6 of the code requires
the unit owner to have a Maintenance Control Program (MCP), ThyssenKrupp's MCP meets or exceeds all requirements
outlined in Section 8.6. The Maintenance Control Program includes ThyssenKrupp Elevator's Maintenance Tasks &
Records documentation which shall be used to record all maintenance, repairs, replacements and tests performed on the
equipment and is provided with each unit as required by code. ThyssenKrupp Elevator also provides per Section 6.6 of the
code, a maintenance tasks procedures manual with each unit; TKE calls this manual the BEEP Manual, or Basic Elevator,
Escalator Procedures Manual. We do not perform any tests unless such tests are specifically listed as included elsewhere
in this agreement.
Quality Assurance
To help increase elevator performance and decrease downtime, our technicians utilize the latest industry methods and
technology available to us for your specific brand of elevator. They will be equipped with our tools, documentation and
knowledge to troubleshoot your unique system, as well as access to a comprehensive parts replacement Inventory
system.
Behind our technicians is a team devoted to elevator excellence. Technicians are supported around the clock by a team
of engineers and field support experts. Our North American technical support facilities continuously research
advancements in the industry and In your equipment. Also, our internal quality control program ensures optimum and
reliable operation of your elevator equipment.
To assure that quality standards are being maintained, we may conduct periodic field quality audit surveys. Your
Elevator Maintenance Agreement
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Gold Service Agreement
dedicated ThyssenKrupp Elevator representative will be available to discuss your elevator needs with you in all aspects
of service and modernization. In addition, you may receive recommendations for upgrades that will also provide you with
budget options designed to enhance the appearance, performance and safety of or meet Code requirements for your
equipment over time.
Service Requests During Normal Working Days and Houla
Service requests are defined as any request for dispatch of our technician to the location of the equipment covered in this
agreement from one or more of the following: you or your representative, the building or building's representative,
emergency personnel, and /or passengers through the elevator's communication device and /or from Vista Remote
nlnniterine throuch the elevator's communication line. Service requests Include minor adlustments and response to
,y entrapments tnat can be
scheduled maintenance visits.
We will respond to service requests during normal business working days and hours, as defined above, at no additional
charge.
Overtime Service Reauests
On all overtime service requests, you will be responsible for all labor costs including travel time, travel expenses, and time
spent on the job. Such costs will be invoiced at our standard overtime billing rates. Overtime service requests are
performed before or after normal business working days and hours.
❑ VIEW&
VIEW is Thyssen Krupp Elevator's customer oriented, online service activity reporting system. VIEW allows building
owners and managers to monitor maintenance and service call activity. VIEW can be accessed via the Internet any time,
day or night. You can 'VIEW" service tickets associated with a single elevator serviced under this agreement, for all the
elevators at the locations serviced under this agreement, or across an entire portfolio of elevator equipment that is
serviced by ThyssenKrupp Elevator. Special considerations regarding VIEW are included herein.
❑ VISTA @(Check box If included)
VISTA Remote Monitoring is ThyssenKrupp Elevator's exclusive service for monitoring the status and performance of you
elevator(s). VISTA monitors compatible equipment 24 hours per day, 7 days per week,and 365 days per year. Constantly
monitor performance data on your equipment provides ThyssenKrupp Elevator the ability to respond to operational
Irregularities quickly and more efficiently. With VISTA, we can often dispatch a service technician to your location before
any interruption in elevator service occurs. Service visits based on VISTA date will be made during normal business hours
on normal business days.
❑ ThyssenKrupp Communications ® (Check box if Included)
ThyssenKrupp Communications is ThyssenKrupp Elevators 24 -hour telephone monitoring and emergency call service.
Our representatives are trained to handle elevator calls and they can assess the situation and quickly dispatch a
technician when necessary, If needed, they can stay on the line to reassure a stranded passenger that help Is on the way.
ThyssenKrupp Communications maintains digital recordings and computerized records of the time, date, and location of
calls received and action taken for the benefit of passengers and building owners. Special considerations regarding
ThyssenKrupp Communications are set forth below.
® Periodic Safety Testina (Check box If included)
ThyssenKrupp Elevator will test your equipment in accordance with those periodic testing requirements as outlined In the
American National Safety Code for Elevators and Escalators, ANSI A 17. 1. which are in effect at the time this agreement is
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Gold Service Agreement
executed. In the event that the state, city or local governing authority in which the equipment Is located has adopted
different requirements, ThyssenKrupp Elevator will test your equipment In accordance with those periodic testing
requirements in effect at the time this agreement is executed. You agree to pay for any costs of the inspector and/or
inspection fees. Special Considerations regarding periodic safety testing are set forth below.
Product Information
You agree to provide ThyssenKrupp Elevator with current wiring diagrams that reflect all changes, parts catalogs, and
maintenance instructions for the equipment covered by this agreement (exception: we will supply all of the above for new
devices) used In the equipment for the purpose of archival back -up of the software embodied therein. These Items will
remain your properly. '
611
You agree to instruct or warn passengers in the proper use of the equipment and to keep the equipment under continued
surveillance by competent personnel to detect irregularities between elevator examinations. You agree to immediately
report any condition that may indicate the need for correction before the next regular examination. You agree to
immediately shut down the equipment upon manifestation of any Irregularities in either the operation or the appearance of
the equipment, to immediately notify us, and to keep the equipment shut down until the completion of any repairs. You
agree to give us immediate verbal notice and written notice within ten (10) days after any occurrence or accident in or
about the elevator. You agree to provide our personnel with a safe place to work. You agree to provide a suitable
machine room, Including secured doors, waterproofing, lighting, ventilation, and appropriate air temperature control to
maintain that room at a temperature between 50T and 90 °F. You also agree to maintain the elevator pit in a dry
condition at all times. Should water or other liquids become present, you will contract with others for removal and the
proper handling of such liquids. We reserve the right to discontinue work in the building whenever, in our sole opinion, our
personnel do not have a safe place to work. You also agree that if ThyssenKrupp Elevator's inspection of a piece of
equipment serviced under this agreement reveals an operational problem which, in ThyssenKrupp Elevator's sole
judgment, jeopardizes the safety of the riding public, ThyssenKrupp Elevator may shut down the equipment until such
time as the operational problem Is resolved. In that event, ThyssenKrupp Elevator will Immediately advise you in writing of
such action, the reason for such action, and whether any proposed solution is covered by the terms of this agreement.
You agree not to permit others to make alterations, additions, adjustments, or repairs or replace any component or part of
the equipment during the term of this agreement. You agree to accept our judgment as to the means and methods
employed by us for any corrective work under this agreement. Since ThyssenKrupp Elevator's lop priority is the
satisfaction of its customers, if you should have any concern(s) with the means and methods used to maintain or repair
the equipment covered under this agreement, you agree to provide us with written notice of that concern and give us
thirty (30) days to respond either in writing or commence action to appropriately resolve it.
In the event of the sale, lease or other transfer of the ownership or management of the premises in which the elevators)
or equipment described herein are located, you agree to see that such transferee Is made aware of this agreement and
agrees to assume and/or be bound by the conditions hereof for the balance of the unexpired term of this agreement.
Should the transferee fail to assume this agreement, you shall remain liable for all unpaid amounts, including those owed
for the balance of the current unexpired term of this agreement.
In consideration of ThyssenKrupp Elevator performing the services herein specified, you expressly agree, to the
fullest extent permitted by law, to indemnify, defend, save harmless, discharge, release and forever acquit
ThyssenKrupp Elevator Corporation, our employees, officers, agents, affiliates, and subsidiaries from and
against any and all claims, demands, suits, and proceedings brought against ThyssenKrupp Elevator, our
Elevator Maintenance Agreement
TK 11111
2014 - 140192 - AC)A- ORJHJA
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'age 4 of 8
Gold Service,Agr
employees, officers, agents, affiliates and subsidiaries for loss, property damage (including damage to the
equipment which Is the subject matter of this agreement), personal injury or death that are alleged to have been
caused by the Purchaser or any others In connection with the presence, use, misuse, maintenance, installation,
removal, manufacture, design, operation or condition of the equipment covered by this agreement, or the
associated areas surrounding such equipment. Your duty to Indemnify does not apply to the extent that the loss,
property damage (including damage to the equipment which Is the subject matter of this agreement), personal
injury or death is determined to be caused by or resulting from the negligence of ThyssenKrupp Elevator and/or
our employees. You recognize that your obligation to ThyssenKrupp Elevator under this clause includes
payment of all attorney's fees, court costs, judgments, settlements, Interest and any other expenses of litigation
arising out of such claims or lawsuits.
Insurance
You expressly agree to name ThyssenKrupp Elevator Corporation along with its officers, agents, affil lates and
subsidiaries as additional insureds In your liability and any excess (umbrella) liability insurance policy(ies). Such
insurance must insure ThyssenKrupp Elevator Corporation, along with its officers, agents, affiliates and
subsidiaries for those claims and /or losses referenced in the above paragraph, and for claims and/or or losses
arising from the sole negligence or responsibility of ThyssenKrupp Elevator Corporation and/or Its officers,
agents, affiliates and subsidiaries. Such Insurance must specify that its coverage Is primary and
non - contributory. You hereby waive the right of subrogation.
Items Not Covered
We do not cover cosmetic, construction, or ancillary components of the elevator system, including the finishing, repairing,
or replacement of the cab enclosure, ceiling frames, panels, and /or Fixtures, hoistway door panels, door frames, swing
door hinges and closing devices, sills, car flooring, floor covering, lighting fixtures, ceiling light bulbs and tubes, main line
power switches, breaker(s), feeders to controller, below ground or unexposed hydraulic elevator system, including but
not limited to, jack cylinder, piston, PVC or other protective material; below ground or unexposed piping, alignment of
elevator guide rails, smoke and fire sensors, fire service reports, all communication and entertainment devices, security
systems not installed by us, batteries for emergency lighting and emergency lowering, air conditioners, heaters,
ventilation fans, pit pumps and all other items as set forth and excluded In this agreement.
Other Conditions
With the passage of time, equipment technology and designs will change. If any part or component of your equipment
covered under this agreement cannot, 'in our sole opinion, be safely repaired and is no longer stocked and readily
available from either the original equipment manufacturer or an aftennarket source, that part or component shall be
considered obsolete. You will be responsible for all charges associated with replacing that obsolete part or component as
well as all charges required to ensure that the remainder of the equipment is functionally compatible with that
replacement part or component. In addition, we will not be required to make any changes or recommendations In the
existing design or function of the unit(s) nor will we be obligated to install new attachments or parts upon the equipment
as recommended or directed by insurance companies, governmental agencies or authorities, or any other third party.
Moreover, we shall not be obligated to service, renew, replace and/or repair the equipment due to any one or more of the
following: anyone's abuse, misuse and /or vandalism of the equipment; anyone's negligence in connection with the use or
operation of the equipment; any loss or power, power fluctuations, power failure, or power surges that in any way affect
the operation of the equipment; fire, smoke, explosions, water, storms, wind, lightening, acts of civil or military authorities,
strikes, lockouts, other labor disputes, theft, riot, civil commotion, war, malicious mischief, acts of God; or any other
reason or cause beyond our control that affects the use or operation of the equipment. You expressly agree to release
and discharge us and our employees for any and all claims and /or losses (including personal injury, death and property
damage, specifically Including damage to the property which is the subject matter of this agreement) associated therewith
or caused thereby. ThyssenKrupp Elevator shall also automatically receive an extension of time commensurate with any
delay in performance caused by or related to the aforementioned and you expressly agree to release and discharge
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Gold Service Agreement
ThyssenKrupp Elevator from any and all claims for consequential, special or indirect damages arising out of the
performance of this agreement. In no event shall ThyssenKrupp Elevator's liability for damages arising out of this
agreement exceed the remaining unpaid installments of the current, unexpired term of this agreement
Should your system require any of the safety tests on the commencement date of this agreement, ThyssenKrupp
Elevator assumes no responsibility for the day -today operation of the governor or safeties on traction elevators, or the
hydraulic system on hydraulic elevators under the terms of this agreement until the test has been completed and the
equipment passed. Should the respective system fail any of those tests, it shall be your sole responsibility to make
necessary repairs and place the equipment in a condition that we deem acceptable for further coverage under the terms
of_this_ agreement. We_shall_not_4� Ilah(e_for any damage to the building structure or the elevator resulting from the
performance of any safety tests we perform at any time under this agreement. If during the initial firefighter's service test,
that feature is found to be inoperable, you shall be responsible for ail costs associated with necessary repair(s) to bring
the elevator(s) Into compliance with the applicable elevator codes in your local jurisdiction.
In the event an Attorney is retained to enforce, construe or defend any of the terms and conditions of this agreement or to
tolled any monies due hereunder, either with or without litigation, the prevailing party shall be entitled to recover all costs
and reasonable attorney's fees.
You hereby waive trial by jury. You agree that this agreement shall be construed and enforced in accordance with the
laws of the state where the equipment Is located. You consent to jurisdiction of the courts, both state and Federal, of the
state in which the equipment is located as to all matters and disputes arising out of this agreement.
In the event any portion of this agreement is deemed invalid or unenforceable by a court of law, public policy or statute,
such finding shall not affect the validity or enforceability of any other portion of this agreement.
Our rights under this agreement shall be cumulative and our failure to exercise any rights given hereunder shall not
operate to forfeit or waive any of said rights and any extension, indulgence or change by us in the method, mode or
manner of payment or any of its other rights shall not be construed as a waiver of any of its rights under this agreement.
Price•
The price for the services as staled In this agreement shall be Two Thousand Seven Hundred Nine Dollars and Fifty One
Cents ($2,709.51) per month, excluding taxes, payable Quarterly in advance.
Islet
This agreement is effective for Eighteen (18) month(s) starting 04 /2512014 and is non - cancelable. To ensure continuous
service, this agreement will be automatically renewed for successive Twelve (12) month periods, unless either party
timely serves written notice upon the other party of its Intention to cancel renewal at least ninety (90) days but not more
than 120 days before the and of the initial Eighteen (18) month period, or at least ninety (90) days but not more than 120
days before the and of any subsequent Twelve (12) month renewal period. Notice shall be sent by certified mail, return
receipt requested to the address set forth on page 1 of this agreement. Time is of the essence.
Annual Price Adiustmants
Since our costs to provide you with the service set forth in this agreement may Increase, we reserve the right to adjust the
pries of our service under this agreement accordingly. In the event this occurs, we will adjust your monthly price based on
the percentage change In the average rate paid to elevator examiners. This rate paid to elevator examiners consists at
the hourly rate paid to examiners plus fringe benefits and union welfare granted in place of or in addition to the hourly
rate. Fringe benefits include pensions, vacations, paid holidays, group insurance, sickness and accident insurance, and
hospital insurance. We also reserve the right to make additional adjustment to the price of our service under this
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_.Gold Service Ag
reement.
agreement and/or enact surcharges as needed to account for increased fuel prices when such increases exceed the
Consumer Price Index (CPI) current rate. We also reserve the exclusive right to make additional adjustment to the price
of our service under this agreement in the event that the equipment covered by this agreement Is medified from its
present state.
Early Payment Discount
You may elect to pay in advance for twelve.(12) months of service described in this agreement. Such a pre- payment
entitles you to a 3% discount from the annual price In effect at the time of payment
A service charge of 1%:% per month, or the highest . legal rate, whichever Is more, shall apply to all overdue accounts you
have with ThyssenKrupp Elevator that are in any way related to your equipment described in this agreement. If you do
not pay any sum due to ThyssenKrupp Elevator related to your equipment described in this agreement, regardless of
whether it is billed pursuant to this agreement or any other with us, within sixty (60) days from the billing date, we may
also choose to do one or more of the following: 1) suspend all service until all amounts due have been paid in full, and /or
2) declare all sums for the unexpired term of this agreement due immediately as liquidated damages and terminate our
obligations under this agreement. If ThyssenKrupp Elevator elects to suspend service, we shall not be responsible for
personal injury, death, damage to property (including damage to the equipment that is the subject. matter of this
agreement) or losses of any other type or kind that is in any way related the ThyssenKrupp Elevator's suspension of
service. Upon resumption of service, you wilt be responsible for payment to ThyssenKrupp Elevator for all costs we incur
that result from our suspension of service and to remedy any damage caused to your equipment during that time. Time is
of the essence.
Special Considerations
Pricing per TCPN Contract #R5042
• The new contract will replace and void the previous contract agreed to on October 4, 2011 by Brazos
County and ThyssenKrupp Elevator on October 25, 2011.
• New contract effective April 25, 2014 and ends October 25, 2015
•
5% maximum Increase per year.
Billing Rates -see attached
Elevator Maintenance Agreement
TK 11111
2014- 140102 - ACIA- ORINJA
Vol. 204 Pil e
Papa 7 of e
Gold Service Agreement
Acceptance
Your acceptance of this agreement and its approval by an authorized manager of ThyssenKrupp Elevator will constitute
exclusively and entirely the agreement for the services herein described. All other prior representations or agreements,
whether written or verbal, will be deemed to be merged herein and no other changes in or additions to this agreement will
be recognized unless made in writing and properly executed by both partles.Should your acceptance be in the form of a
purchase order or other similar document, the provisions of this agreement will govem, even in the event of a conflict.
This proposal is hereby accepted in its entirety and shall constitute the entire agreement as contemplated by you and us.
This proposal is submitted for acceptance within one - hundred twenty (120) days from the Date Submitted by the
ThyssenKrupp Elevator representative indicated below.
No agent or employee shall have the authority to waive or modify any of the terms of this agreement without the prior
written approval of an authorized ThyssenKrupp Elevator manager.
ThyssenKrupp Elevator
Corporation:
8 LINTY:
ThyssenKrupp Elevator Corporation
Approval:
By: 4Z
(Signature of
(Signature of Thys enKrupp
(Signature of
Elevator Representative)
Authorized Individual)
Authorized Individual)
lJlt rr_ fC.tl.1 J
Jack Kelley
(Print or Type Name)
Carl Buxton
Service Sales Manager
Sates Representative
cerl.buxton @thyssenkrupp.com
nuMIA
-- -
(Print or Type TitIS)
14
(Date Submitted)
( ate of Approval)
(Date of Approval)
Elevamr Maintenance Agreemem
TK 11111
2014. 140192- ACIA- ORIHJA
Vol. 204 Pg. 3v
Page 8 of 8
CLASSIFICATION
SERVICE AND REPAIR BILLING RATES HOUSTON
EFFECTIVE October 1, 2013
PUBLISHED BILLING RATES
PUBLISHED RATE
MECHANIC
279.20
1.5 $
41 8.80
REGULAR TIME
1.7 $
474.64
$ 195.44
2.0 $
$ 349.00
$ 279.20
Scheduled service
1.5
$ 523.50
$ 174.50
Callbacks
1:7—
$ 593:30
- - - -$- 244 :30 -- ---
outside contract
2.0
$ 698.00
$ 349.00
HELPER
Scheduled service
Callbacks
outside contract
TEAM
All Team Work
REGULAR TIME
$
279.20
1.5 $
41 8.80
$ 139.60
1.7 $
474.64
$ 195.44
2.0 $
558.40
$ 279.20
REGULAR TIME
$ 628.20
2.0 $ 1,256.40
VA 204 Pg. 3/
$ 628.20
BRAZOSCOUNTY
COMMISSIONERS' COURT
ACTION FORM
DEPARTMENT Road and Bridge DEPT. NUMBER 56001000
i
DATE OF COURT MEETING: July 1. 2014
ITEM: Consider and take action to indemnify Road and Bridge Department and remove the
following assets from Road and Bridge inventory due to loss of items:
1. Asset # AOO1001727 - 2009 Echo SC440 18" Chainsaw /Serial 412019775.
2. Asset # A00I OO1419 - 2008 Echo PPT -260 Polesaw /Serial # 11005374.
SOURCE OF FUNDS: N/A i
NOTES:
• Chainsaw fell from back of truck; area search was conducted but item was not recovered.
• Polesaw missing from parts room; search was conducted but item was not recovered.
SUBMITTED BY: APPROVED BY
R. Alan Munger, P .
County Engineer
Commissioner Lloyd Wassermann
Road and Bridge Liaison
I
This Request is M/aDu /DEN J by Commissioners' Court
eters, County Judge
Date
I
Vo1.2O4 Pg. 2�71
Al 'N
*f *
ri
Ty oF'p0.
BRAZOS COUNTY
ROAD AND BRIDGE DEPARTMENT
R. Alan Munger, PE, CFAI, County Engineer
Memorandum
Date: June 5, 2014
To: Brazos County Auditor
From: R. Alan Munger, P.E.
This department needs to inform the County Auditor that a county asset was lost due to the careless
actions of a Road & Bridge Employee.
When employee discovered the consequence of his actions, a search was conducted for the lost
chainsaw, but it was not recovered. These actions are not acceptable and will be discussed further
with the employees. As department head, I wanted your department to be aware of this lost asset
(itemized in supporting paperwork).
Please let me know if you need any further formation or assistance with this matter.
}
Thanks,
Alan
2617 Highway 21 West Bryan, Texas 77803 Office (979)822 -2127 / Fax (979)775.0453
Vol. 204 Pg. 2 -3
I
BRAZOS COUNTY, TEXAS
PROPERTY ACQUISITION, TRANSFER AND DISPOSITION
FORM
I
I
Transaction Date: 6!05114 Property Tag Number: A0o10o1727
F1Check box for Capital Asset (initial cost over S5000 — reference fixed asset report for cost)
Type of Transaction — Check One
F1 New Purchase
Transfer to Surplus
❑ Transfer from Department to Department
Transfer from Surplus to Department
0 Cannibalization
Asset Description: 18" Chainsaw
Please provide all information requested below as applicable. Forms containing any bIlank
fields will be returned for completion.
Make: Echo Mod& SC440 Year: 2009 �
Serial/Vin k: 12019775
Functioning Non - Functioning. Explain if Nan - Functioning: Functioning
Additional Description!lnformation: R &Bti 2112
Operator left Chainsaw on open tailgate and drove off. After realizing the gate was open and the saw was missing
he back tracked his route. Re was unable to find Chainsaw, Asset is lost. 4
Moving Property From:
Moving Property To:
Road and Bridge
Department Name
Department Name
Vol. 204 Pg..3�
o U�
I
Authorized Signature
4� f
' J
eNN� t •`tic
BRAZOSCOUNTY
ROAD. AND BRIDGE DEPARTMENT
R. Alan Munger, PE, CFM, County Engineer j
Memorandum
Date: June 25, 2014
To: Brazos County Auditor
From: R. Alan Munger, P.E.
This department needs to inform the County Auditor that a county asset was lost.
This department is further requesting indemnification from Brazos County Commissioners Court
for the loss of a 2008 Echo Pole Saw (Model PPT -260) to that the asset may be retired from the
flied asset system.
Adjustments to check out procedures for equipment are being implemented. Replacement of this
asset will come from departmental budget (56001000 — 67286000).
I
Please let me know if you need any further information or assistance with this matter.
Thanks,
Alan 70
2617 Highway 21 West Bryan, Texas 77803 Office (979)822.2127 / Fax (979)775 -0453
Vol. 204 Pg.
BRAZOS COUNTY, TEXAS
PROPERTY ACQUISITION, TRANSFER AND DISPOSITION
FOR_YI
i
Transaction Date: 6/24/14 Property Tag Number: A001001419 ;
17 Check box for Capital Asset (initial cost over $5000 — reference fixed asset report foricost)
Type of Transaction — Check One
I
F] New Purchase
Transfer to Surplus
Transfer from Department to Department
Transfer from Surplus to Department
❑ Cannibalization
Asset Description: Polesaw
i
Please provide all information requested below as applicable. Forms containing any blink
fields will be returned for completion.
Make: Echo Model: PPT•260 Year: 2008
Serial/Vin #: 11005374
Functioning Non-Functioning. Explain if Non - Functioning: Functioning
I
Additional Description/Information: R &B# 2107 This saw came up missing from parts room. It was never,
checked out or signed for. Lost asset.
Moving Property From:
Moving Property To:
Road and Bridge
Department Name
Department Name
Vol. 204 Pg. J �
Authorized Signature
DEPARTMENT:
MEETING DATE:
1�
BRAZOS COUNTY
COMMISSIONERS' COURT
ACTION FORM
Road & Bridge
July 1, 2014
SUBJECT: Private Property Access
I
Request permission to enter private property owned by Edwin and Melissa Davis located
on Blue Ridge Drive. Project will cut and remove dead brush along right -of -way /fence
fine. Site is located in Precinct 1.
SUBMITTED BY: APPROVED BY:
Jo V. Salvato
Right of Way Agent
v
Lloy Wassermann
Commissioner Precinct 1
This request is L - OVED DENIED O by Commissioners' Court
I
Duane Peters, County Judge
DATE: f
Vol. 204 Pg. 317
E. Duane Peters
Brazos County Judge
Lloyd Wassermann
Commissioner Pct 1
Sammy Catalano
Commissioner Pet 2
Kenny Mallard
Commissioner Pct. 3
Irma Caulay
Commissioner Pet 4
-
BRAZOS COUNTY
PRIVATE PROPERTY ACCESS FORM
OWNER(S): Edwin and Melissa Davis
R. Alan Munger, P.E.
County Engineer
Brazos County Road & Bridge Dept.
2617 Hvry 21 Weal
Bryan, Texas 77603
Office 97,"22 -2127
Fax: 979 - 7750453
ramungerQbrezoseountylx.gov
II. ADDRESS: 5711 Blue Ridge Drive
College Station, Texas 77845
III. LOCATION OF WORK: Same as above
R45777 — Valley Ridge, Lot 3, 5.25 acres
IV. DESCRIPTION OF WORK: Request permission to enter property for the purpose of
cutting and removing dead brush along right -of -way / fence line.
i
Additional Comments:
Il
V. MAINTENANCE: Yes No X
IF YES, ESTIMATE FREQUENCY OF MAINTENANCE: N/A
I (we) the undersigned owner(s) grant permission to Brazos County the ability to access the
above mentioned private property for roadway maintenance purposes.
�]
Owner's Signature: �i . �Uel�� Date: 25
R. Alan Munger,
County Enginee
jxi�- I
e V. Salvato
Rig of Way Agent
Vol. 204 Pg. -3ly
DEPARTMENT:
MEETING DATE:
SUBJECT:
BRAZOS COUNTY
COMMISSIONERS' COURT
ACTION FORM
Road & Bridge
July 1, 2014
Private Property Access
Request permission to enter private property owned by Carla Henderson located on
Blue Ridge Drive. Project will cut and remove dead brush along right -of -way/ fence line.
Site is located in Precinct 1.
I
SUBMITTED BY: APPROVED BY:
Jo 0. Salvato
Right of Way Agent
This request is
Ll vo d Wassermann
Commissioner Precinct 1
Duane Peters, County Judge
DATE: q
Vol. 204 Piz. 3Y
missioners' Court
i
1�
t1tC O
f
I 0
T
I I Of N�
BRAZOS COUNTY
PRIVATE PROPERTY ACCESS FORM
E, Duane Peters
Brazos County Judge
Lloyd Wassermann
Commissioner Pct. 1
Sammy Calslens
Commissioner Pct. 2
Kenny Mallard
Commissioner Pct. 3
Irma Cauley,
Commissioner Pa. 4
OWNER(S): Carla Henderson
i
R. Aran Munger, P.E.
County Engineer
Brazos County Rcad 8 Bndge Dept
261711xry 21 West
Bryan, Testis 77803
otrxxs. 979;822.2127
Fax 979.775 -0453
ramun9erC0razoscountytxgov
II. ADDRESS: 5601 Blue Ridge Drive
College Station, Texas 77845
ill. LOCATION OF WORK: Same as above
R45776 — Valley Ridge, Lot 2, 5.098 acres
IV. DESCRIPTION OF WORK: Request permission to enter property for the'ipurpose of
cutting and removing dead brush along right- of- way/fence line.
i,
Additional Comments:
V. MAINTENANCE: Yes No X
IF YES, ESTIMATE FREQUENCY OF MAINTENANCE: N/A I
I
I (we) the undersigned owner(s) grant permission to Brazos County the ability to access the
above mentioned private property for roadway motenance purposes.
Owner's Signature:
R. Alan Munger, P.
County Engineer
Vol. 204 Pg.
of Way Agent
DEPARTMENT:
MEETING DATE:
SUBJECT:
1+
BRAZOS COUNTY
COMMISSIONERS' COURT
ACTION FORM
Road & Bridge
July 1, 2014
Private Property Access
Request permission to enter private property owned by Roy and Cindy Brantley located
on I &GN Road. Project will extend driveway slope onto private property to achieve
desired slope for proper roadway alignment. Site is located in Precinct 1.
SUBMITTED BY:
Joe.//. Salvato
Ri t of Way Agent
APPROVED BY:
Lloyd Uassermann
Commissioner Precinct 1'
This request is _ RO IED ❑ by Commissioners' Court
Duane Peters, County Judge
Date: 11,114
Vol.-204 Pg. -W
BRAZOS COUNTY
PRIVATE PROPERTY ACCESS FORM
E. Duane Peon
Bnza County Judge
Lloyd Wassermann
Coaanselnner Pct. t
sammy Catalano
Cowngssioner Poi. 2
Kenny eaaeald
Commissioner Pct.3
land CaWy
Commissioner Pct. 4
OWNER(S): Roy and Cindy Brantley
II. ADDRESS: 13410 Headwater Lane
College Station, Texas 77845
R. Alan Munger. P.E.
County Engineer
Brazos County Road & Bridge Dept
2517 Hwy 21 West
Bryan, Texas 77503
OSke: 979422 -2127
Far. 979.775-0453
n ranger®arazosmuntyir9ov
R303342 — Willow Run Sub., Phase 1, Lot 1C, 6.05 acres
R303343 — Willow Run Sub., Phase 1, Lot 1 D, 5.74 acres
IV. DESCRIPTION OF WORK: Request permission to enter private property for the
purpose of extending driveway slope onto private property to achieve proper
roadway alignment. This work is being done for the health, safety and welfare of
the general public.
Additional Comments:
V. MAINTENANCE: Yes
No X
IF YES, ESTIMATE FREQUENCY OF MAINTENANCE: N/A
I (we) the undersigned owner(s) grant permission to Brazos County the ability to access the
above mentioned private property for roadway maintenance purposes.
Owner's Signature: "
R. Alan Munger, P.E.
County Engineer
Date: lv — /r1- 20 /fi
Z4&
—Sa to
Iva
of Way •r
. Agent
Vol.-204 Pg. - �
5
The State of Texas, County of BRAZOS
We, the undersigned, as County Commissioners within and for Brazos County, and the
Honorable Duane Peters, County Judge of Brazos County, constituting the entire
Commissioners' Court of Brazos County, during a regular meeting of said Court have
examined the foregoing report and have caused an order to be entered upon the Minutes
of the Commissioners' Court of Brazos County approving said Report as presented and
submitted as true and correct by Laura Taylor Davis, Treasurer of Brazos County, as
provided for in the Revised Statutes of the State of Texas. (Texas Local Government
Code, 114.016) \
Witness my hand this day of J A.D. 2014
C-
Zarin McQueen
County Clerk, County of BRAZOS, State of Texas
Examined and approved in open Commissioners' Court this _J s2 day of
Treasurer's Report for the MONTI...�_
5e-1&Q
Lloyd Wasserniann, Commissioner Precinct #1
Precinct #2
Vol.-204 Pg. 11,1
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PERSONNEL I�
CHANGE OF STATUS REQUESTS
Commissioner Court Date: July 01, 2014 1
Department Submitting Information: Human Resources
Purpose of Submissions: Consider and Take Action on Change Requests
I
Department Submitting Employee Request Action Requested
Request(s) Applies To
Juvenile Delesque, Florent Step Increase
Edwards, Sonora New Hire
Garza, John Step Increase
Mason, Marsha
New Hire,
McCloud, Travis Step Increase
Mendiola- Washington, Guadalupe
New Hire
Mireles, Romeo
Reed, Crystal
Roberts, Barbara
Storm, Jenna
Taylor, Ashley
S.O. — Jail Carrillo, Morris
Roberson, Wanda
Roberts - Miller, Jacob
Approved in Commissioners' Court: Jul 01 014:
County Judge's or Commissioner's Signature:
(This Copy to be attached to minutes)
Vol. 204 Pg.
Step Increase
Step Increase
State Stipend
Step Increase
New Hire
New Hire
New Hire!
New Hire