Loading...
HomeMy WebLinkAbout2014-07-08-10:00AM REGULAR MEETINGBRAZOS COUNTY BRYAN,TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT rC THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON JULY 8, 2014 AT 10:00 AM IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVE., SUITE 106, BRYAN, TX 77803 Invocation and Pledge of Allegiance - U.S. and Texas Flag - Chaplain G.H. Jones and Commissioner Wassermann. 2. Call for Citizen input and /or concerns. Consider and take action on agenda items 3 - 20: 3 Consider and take action on request for a one time waiver of penalty and interest on Property ID #42057. 9 5 Approval of the following Job Descriptions: • a Building Event Worker Brazos Center Class code 819, Position 4 • b Clerk Temp 1040 hrs District Clerk Class code 1713 Position 3 6. Appointment of an evaluation committee to evaluate and recommend Justice Software. 7. 8, Discuss and take possible action on a contract renewal for the Juvenile Services Department for residential placement services with Rite of Passage. g, Award of contract # 2014 -71 Tree Removal for the removal of one 111 tree located in the Boonville Vol. 204 Pg. Cemetery. 10. Chance order to purchase order 14002212 to Strong Survey in the amount of $18.045.00 for additional R.O.W. work. 11 12. 13. Manual requisition and contract with Houslev Communications in the amount of $35.037.60 for fiber to be placed from Bowen School to the new Tax Office Site. 14. Tax Refund Applications for the following: • a Thomas & Jennifer Halting- overpavment416.06 • b. Susan Quirin"verpayment- 5378.29 15. Budget Amendments. Budget Amendments FY 13/14 38.1 thru 38.7 16. Capital reguisition # 00047587 to Strategic Products and Services for the purchase of a video visitation system . 17. Personnel Change of Status. Personnel Action Forms 18. 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. Acknowledgement of monthly reports submitted in June 2014. 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. 5 i PUBLIC COMMENTS Public Comment during the Commission Meeting may be for all matters, both on and off the agenda, and be limited to four minutes per person. Persons are invited to submit comments in writing on the agenda items and/or attend and make comment at the Commission meeting. Members of the public are reminded that the Brazos County Commissioners Court is a Constitutional Court, with both Judicial and legislative powers, created under Article V, Section 1 and Section 18 of the Texas Constitution. As a Constitutional Court, the Brazos County Commissioners Court also possesses the power to issue a Contempt of Court Citation under Section 81.024 of the Texas Local Government Code. Accordingly, members of the public in attendance at any Regular, Special and/or Emergency meeting of the Court shall conduct themselves with proper respect and decorum in speaking to, and/or addressing the Court; in participating in public discussions before the Court; and in all actions in the presence of the Court. Those members of the public who are inappropriately attired and /or who do not 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 Brazos County Commissioners Court to provide a public forum for the demeaning of any individual or group. Neither is it the intention of the Court to allow a member (or members) of the public to insult the honesty and/or integrity of the Court, as a body, or any member or members of the Court, or County employees, individually or collectively, Accordingly, profane, insulting or threatening language directed toward the Court and /or any person in the Court's presence and/or recial, ethnic or gender slurs or epithets will not be tolerated. Violation of these rules may result in the following sanctions: 1. cancellation of a speaker's lime; 2. removal from the Commissioners Court; 3. a Contempt Ckation; and /or 4. such other and /or criminal sanctions as may be authorized under the Constitution, Statutes and Codes of the State of Tens. The County Commissioners Court can deliberate or take action only if a matter has been listed on an agenda property posted prior to the meeting. During the public comment period, speakers may address matters not listed on the published agenda. The Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court. However, responses from the County Judge or Commissioners to unlisted public comment topics could become deliberation on a matter without notice to the public. To ensure the public has notice of all matters the Commissioners Court will consider, the County Judge and/or Commissioners may choose not to respond to public comments, except to correct factual inaccuracies, recite existing policy in response to an inquiry or to ask that a matter be listed on a future agenda. See Texas Open Meetings Act 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 necessarily represent the religious beliefs or views of the Court In part or as a whole. No member of the community is required to attend or participate in the invocation and such decision will have no impact on their right to actively participate in the business of the Court. The Commissioners Courtroom of the County Administration Building, 200 South Texas Ave., Suite 106, Bryan, TX 77803 is wheelchair 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. 204 Pg.-5 f iy Ff I� BRAZOS COUNTY BRYANJEXAS MINUTES July 8, 2014 BRAZOS COUNTY COMMISSIONERS COURT REGULAR MEETING 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 8, 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, Absent. 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 - 20: 3. Consider and take action on request for a one time waiver of penalty and interest on Property ID #42057. fZ Item 3.odf Vol. 204 Pg. S5 The Court voted unanimously on advice of Civil Counsel Bill Ballard to deny the request due to it not meeting the criteria set forth in the statute. Motion: Deny, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Lloyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters . Wassermann . 4. Discuss and take possible action to approve out of state travel for juvenile services employee Dexter Brown to attend the American Mental Health Counselors Association Annual Conference at the Renaissance Seattle Hotel, in Seattle Washington to be paid for using grant funds from the Texas Juvenile Justice Department. The dates of travel are from July 10 - July 12, 2014. At the request of Dr. Doug Vance Director of Juvenile Services, this item was removed from the agenda. Motion: Remove, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann. S. Approval of the following Job Descriptions:a. Building Event Worker, Brazos Center, Class code 819, Position 4b. Clerk Temp, 1040 hrs, District Clerk, Class code 1713, Position 3 91 Item 5.odf • a. Building Event Worker, Brazos Center, Class Code 819, Position 4 • b. Clerk Temp, 1040 hours, District Clerk, Class Code 1712, Position 3 Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by Commissioner Lloyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard, Peters, Wassermann . 6. Appointment of an evaluation committee to evaluate and recommend Justice Software. 9Z Item 6.0 f. US Item 6 - Abstention Affidavit.tif • Sammy Catalena - Commissioner • Katie Conner - Auditor • Rod Anderson - County Attorney • Jarvis Parsons - District Attorney • Wayne Dicky - Jail Administration • Jim Stewart - Sheriffs Administration • J. D. Langley - District Court • Jim Locke - County Court at Law II • Marc Hamlin - District Clerk • Karen McQueen - County Clerk • Tommy Munoz - Justice of the Peace • Donald Lampo - Constable • Purchasing Representative (Non Voting) • Legal Representative (Non Voting) • IT Representative (Non Voting) Commissioner Catalena abstained from voting as he is on the committee. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by County Judge Duane Peters. Passed. 4 -0. Members voting Aye: Cauley , Mallard , Peters , Vol. 204 Pg. r� Wassermann . Members voting Abstain: Catalena Discuss and take possible action on new residential placement contract with Cornerstone Programs Corporation for both Pre - Adjudication and Post- Adjudication services at the Davy Crockett Regional Juvenile Center in Crockett, Texas. l� Item 7.odf The cost to Brazos County is as follows $110 per day per male child for pre- adjudication treatment $115 per day per male child for post adjudication treatment $122 per day per female child for pre- adjudication treatment $127 per day per female child for post adjudication treatment For specialized programs: $134 per day per child for post adjudication sex offender treatment or drug and alcohol treatment For intensive treatment $156 per day per child for post adjudication treatment For 28 day program $134 per each 28 days in the program Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner Lloyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . B. Discuss and take possible action on a contract renewal for the Juvenile Services Department for residential placement services with Rite of Passage. Commissioner Cauley moved to approve the contract. Commissioner Mallard seconded the motion. Bill Jeanes, Risk Manager pointed out that there is no indemnification clause in the contract. Bill Ballard, Civil Counsel stated that this was a renewal and there was no change from the original contract. Commissioners Cauley and Mallard withdrew their motion and second. Then on motion by Commissioner Cauley, seconded by the County Judge, the Court voted unanimously to remove this item from the agenda. Motion: Remove, Moved by Commissioner Irma Cauley, Seconded by County Judge Duane Peters. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann. 9. Award of contract # 2014 -71 Tree Removal for the removal of one (1) tree located in the Boonville Cemetery. lS Item 9.odf A copy of the bid tabulation is attached. Motion: Approve , Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . 10. Change order to purchase order 14002212 to Strong Survey in the amount of $18,045.00 for additional R.O.W. work. 0: Item 10.Od Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Vol. 204 Pg. � Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters, Wassermann . 11. Manual requisition and contract with Housley Communications in the amount of $35,037.60 for fiber to be placed from Bowen School to the new Tax Office Site. V Item 11.odf A copy of the contract 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 . 12. Request permission to enter private property owned by Faye Caldwell located on Hopes Creek Road. Project will survey elevation of drainage area near pond to determine the amount of cut needed to achieve proper slope to drain roadway culvert. Drainage ditch will then be cut and lined with rip -rap to control erosion. Site is located in Precinct 1. Los Item 12.odf Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . 13. Consider and take action on the Apache Corporation utility permit to install temporary 10" water line within and along the right -of -way of Leonard Road. Project will provide water to oil well. Site is located in Precinct 4. L' Item 13.odf Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters . Wassermann . 14. Tax Refund Applications for the following: a. Thomas &amp; Jennifer Hailing- overpayment- $16.06b. Susan Quiring- overpayment- $378.29 G Item 14.0 f • a. Thomas & Jennifer Halling- overpayment - $16.06 • b. Susan Quiring- overpayment - $378.29 Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by County Judge Duane Peters. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann. 15. Budget Amendments. Budget Amendments FY 13/14 38.1 thru 38.7 U Item 15.0 f 38.1 Reallocate funds for County Court at Law #1 - Judicial Support 38.2 Reallocate funds to Jail Commissary and Capital Projects 38.3 Reallocate funds for IT Services 38.4 Transfer funds from Capital Projects to Jail Inmate Holding Remodel 38.5 Reallocate funds for MPO 38.6 Reallocate funds for Constable Precinct 3 38.7 Transfer fund from TYC Parole to Juvenile Services Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Vo1.204 Pg. Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley, , Mallard. Peters, Wassermann . 16. Capital requisition # 00047587 to Strategic Products and Services for the purchase of a video visitation system . 9Z Item 16.0 Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley, , Mallard, Peters, Wassermann . 17. Personnel Change of Status. Personnel Action Forms lI Item 17.0 A copy of the Personnel Change of Status requests is attached. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley, , Mallard, Peters, Wassermann . 18. Payment of Claims. U Claims Sheet.0 99 BILL LIST 07.08.14.od( 7123050 through 7123252 Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Kenny Mallard. 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 discuss pending or contemplated litigation and /or a settlement offer pursuant to Section 551.071 of the Texas Government Code. Having considered the previously noted agenda items, at 10:21 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 20. Consider and possible action on Executive Session. At 10:30 a.m. the County Judge announced the meeting open to the public and announced that no action would be taken on the Closed Executive Session. 21. Acknowledgement of monthly reports submitted in June 2014. 6, Item 21.0df The Court acknowledged receipt of the Extension Service reports submitted in June 2014 and acknowledged receipt of reports from the following County and Precinct Vol. 204 Pg. Offices showing revenues collected and remitted to the County Treasurer: Collections County Clerk District Clerk Justice of the Peace Precinct 1 Justice of the Peace Precinct 2, Place 1 Justice of the Peace Precinct 2, Place 2 Justice of the Peace Precinct 3 Justice of the Peace Precinct 4 Constable, Precinct 1 Constable Precinct 2 Constable Precinct 3 Constable Precinct 4 Road & Bridge Sheriff 22. Sheriffs report on inmate population. Sheriff Chris Kirk stated there were 650 inmates in jail, 59 have electronic monitors and 7 are pending for monitors. 23. Announcement of interest items and possible future agenda topics. Commissioner Mallard asked how he can stay updated on the AMCD situation. 24. Call for Citizen input and /or concerns. There was no citizen input. 25. Adjourn. Vol. 204 Pg. � el The foregoing minutes of the Commissioners Court meeting held July 8, 2014 have been examined and are approved in open Court this I day of 2014, in Bryan, Brazos County, Texas. X1L,A - Duane Peters Lloyd assermann County Judge Commissioner, Precinct 1 Sammy Ca ena Kenny Mallard Commis' ner, Precinct 2 Commissioner, Precinct 3 Irma CSuley Commissioner, Precinct Attest: / Karen McQueen County Clerk Vol. 204 Pg. � / Pg l of /! BRAZOS COUNTY COMMISSIONER'S COURT 84k DAY OF 10,00 l Name t jm f 20 14 M, Organization ( ASE PRINT I .2 T M ! e •/1 Vol. 204 Pg. k k, r- PgZof 2�- BRAZOSCOUNTY COMMISSIONER'S COURT _ DAY OF - , 20 W l no �wm Name (PLEASE PRINT) / - rl)&✓! 5 Organization (PLEASE PRINT) j''-i` —� _%;' 6A S N �,� Ili Vol. 204 Pg. � 2 I Brazos County Job Description ciT, Last Updated September 2012 Class Number: 1 1713 Pay Group: 07 I Department: FLSA Status: Non Exempt i Reports To: Approved Date: 10101/2013 1 EEOC Categor Position End 09/30/2014 Date: Scans cl wmerds into the imaging system- Scan both active and disposed paperwork and fifes. Temporary Employee Signature: Clk, Temp. 1040hrs District Clerk Supervisor & District Clerk Office and Clerical Td.pl,ii,ii Rvi 12 Willi File 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. Educe-tioW--- Reoulred: kkl-ah-sc—ho-o-1 graduation drills equivalent. Re'461iiii Tfoi perform iiiiii-job succei [I-y,- an-in-d-widuad must ha -ab I-e-to-pe-ri -aa-c—h es-s e nria-I duty sat-isfacto _nly. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. -Preferred: Certificates, Lkenaes. Registrations P pyq fig q i Damfandi-- Vol. 204 pg. - --. _ --.. _ _ — — et ' Typj�j. The physical demands described here are representative of those that must lea met by an employee to successfully perform the essential functions of this job. Reasonable accommodations maybe made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is regularly required to sit; use hands to finger, handle or feel; reach with hands and arms; bend and kneel; and talk and hear. The employee frequently is required to stand and walk. The employee must , frequently lift and /or move objects weighing up to 20 pounds, such as books and stacks of records. Specific vision abilities required by this job Include close vision, distance vision, and ability to adjust focus. Knowledge, Skills, 6 Abilities Typical: — _-- - - - - - - -- - - -- _— find. ...- -- -- -- find -- - - T ipl' ' Opsrab computers, including sproadsheet and word processing soMware; read and interpret manuals and memos; perform basic mathematical calculations; write letters, memos, and telephone messages; manage time effectively; understand and follow instructions; operate standard office equipment, such as copy machine and I facsimile machine; communicate effectively, both orally and In writing; and maintain effective working I relationships with co- workers and the general public. Typical: - 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 I 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. Duane Peters County Judge Vol. 204 Pg. 4 -5- A..�0, Brazos County e•u as hors 12 oB DWI W2012 •l(�/ `/�� Job Description Last Updated: September 2012 r or•� Class Number: 1 819 Title: — I Building Event Worker - Pay Group: 07 Department: Brazos Center FLSA Status: Non Exempt — i Reports To: i Director and Event Coordinator Approved Data: 1 010 112 01 3 EEOC Category: Service/Maintenance _- i � Position End r I Temporary / i Date: 109!30/2014 Employee � '�,LL\ I Signature: I ' __ - -- -- This Is a temporary parr time position thaLlnvolves being responsible for the safety of the customers setting up the rooms a$ specified in the layout - book• overseeing the cleanliness of the bustling and grounds, and must meet the customer's expectations as far as courtesy and prompt response to i •. their requests. I I I Essential Duties: - -_ _ -. - _- _ --. -- -- — --- - - - — -- ' Cleaning mo the reetroom Roors with wet ps and tliainleetent and vacuuming mats at the beginning of each shift. i I Restock the paper towels, hand soap and toilet paper Cleaning the floors with wet mops for spills and food. Dust mop the concourse, assembly rooms and hallways regularly to remove excess dirt. Autoscrub assembly room floors before setting up the tables and chairs. Empty all trash containers at the end of the event/evening. Before the event seek out the person in charge and Introduce yourself and tell them where you can be found throughout the event. Make sure sound levels are appropriate for each group. During events you should be visible and available. Check restrooms every 30 minutes. Lock rooms that are not being used. Lock office when you are not in it and leave it locked at the end of the night. Check the areas the caterer or bartender use for cleanliness before they leave. i When an event is coming to an end you are to be present in the room. li Before leaving for the night, check all rest rooms, clean and restock as needed. Vacuum mats in front of doors and in restrooms. Turn off all interior lights in the building. i Store equipment and supplies appropriately. Make sure all exterior doors are locked. :Close overhead door completely. V acuum office every evening. Priorities are, Safety, Customer Service, Rules enforcement and Cleanliness Other Duties as assigned. (T%) Supervision _ Reoelved: From Diredor and Event Coordinator Vol. 204 Pg. - -. -- Wl - - -- ... -- - - . - ... -...._ _ - _....._- -- -- - -- -- . Given' - �ttia is a non - supervisory position. - .... -.. m Required: High School greduation or its equivalent. E_xpenence __ _ Required To perform this lob successfully an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill andlor ability required. Typical: I The physical demands descnbed here are representative of those that must be met 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 1 functions. While performing the duties of this job, the employee is regularly required to sit; use hand to finger, handle, or feel; reach with hands and arms; bend and kneel; and talk and hear. The employee frequently is required to stand and walk. The employee must frequently lift and/or move objects weighing up to 50 pounds, I such as tables and table carts. Specific vision abilities required for this job include close vision, distance vision, �. and the ability to adjust focus. Ability to follow oral and written instructions: ability to learn to use janitorial equipment and supplies; ability to be courteous to the public and coworkers. Must be in good physical condition to perform strenuous work and heavy lifting; must be reliable and able to make good decisions. Typical: The work environment characteristics described here are representative or 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 others as a part of a team to perform I multiple tasks simultaneously, and switch from one task to another. The employee is frequently required to work under time pressures and meal deadlines. l� Duane Peters Date County Judge Vol. 204 Pg. 6 J AFFIDAVIT TEXAS LOCAL GOVERNMENT CODE, CHAPTER 171 STATE OF TEXAS § COUNTY OF BRAZOS § BEFORE ME, the undersigned authority, on 16, W 4 personally appeared yA eaftlmA , who being duly sworn, deposes and says: 1. That he /she hAs a substantial interest in a business entity or real property. Official action taken by the Commissioners Court of Brazos County, Texas concerning Agenda Item No. _ � �__— of the Court Agendadated � � 00QQ'14 described as K(n 1 ng nM 1 l0- eW64 I aq on have a special economic effect on that business entity or a special economic effect on the value of the real property, that is distinguishable from the effect on the public. 2. That the substantial interest is (check the following as is appropriate): () a. Ownership of 10 percent or more of the voting stock or shares of the business entity or either 10 percent or more or $15,000 or more of the fair market value of the business entity; or () b. Funds received by me from the business entity exceed 10 percent of my gross income for the previous year; or () c. An equitable or legal ownership in real property with a fair market value of $2,500 or more; or O d. A person related in the first degree by either affinity or consanguinity to me has a substantial interest as defined above; or W e. otherlA/MIM"S51oyi cam fen& Is On &nimlffe� 3. That I will abstain from participation in the matter refe d din Item 1 yless authorized by law. Signature % e-A SWORN TO AND SUBSCRIBED BEFORE ME this the /J? day of - " 201 ` .. Filed: r SEATR12 D. ORM Mr COmmieelon Expires June 11, 2018 Notary Public in and fors` The State of Texas Z County Clerk Vol. 204 Pg. 4 br FILED FOR 7_� 7 CONTRACT AND AGREEMENT PLACEMENT OF JUVENILE OFFENDERS SPACE AVAILABLE This Contract and Agreement made and entered into by and between Cornerstone Programs Corporation ( "Contractor' or "Provider') acting by and through its authorized representatives, the Houston County Juvenile Board, and &-it 2 s ur4 i!� ( "Contracting County") acting by and through their duty authorized representatives, to be effect September I, 2013 through August 31, 2015. WITNESSETH Whereas, City of Crockett operates the Davy Crockett Regional Juvenile Center ( "Center' or "DCRJC ") under a contract with Cornerstone Programs Corporation and such Center has been duly inspected and certified as being suitable for the detention of children: and, Whereas, Contracting County, in order to carry out and conduct its juvenile programs in accordance with the Texas Family Code has need for the use of detention facilities to house and maintain children of juvenile age, referred for an act of delinquency or an act indicating a need for supervision, during pretrial and pre•dispositional status and /or in the post dispositional treatment prescribed by a court. Now, therefore, the parties agree as follows: (1) The Contract is for twenty four (24) months and shall terminate on midnight August 31, 2015. However, this Contract shall be automatically renewed for one year terms thereafter, commencing September Ist and ending August 31st , unless one party notifies the other in writing, at least thirty (30) days prior to the expiration or said term, of its intention to not renew this Agreement. This Contract may be terminated by either party upon ten (10) days written notice to the other parry of the intention to terminate; or upon expenditure of available funds. If at any time during the term of this Contract, Contracting County, in its sole discretion, determines that the safety of children being served under this Contract may be in jeopardy, Contracting County may immediately suspend the effect of this Contract, including but not limited to the obligation to pay, upon giving notice to the Provider. (2) Contracting County agrees to pay DCRJC the daily rate of One Hundred Ten and no11.00 Dollars (SI10.00) for each day that a male child is in detention for pre- adjudication and the daily rate of One Hundred Fifteen and no /1.00 Dollars 5115.00 for post adjudication treatment. Contracting County agrees to pay, DCRJC the daily rate of One Hundred Twenty Two and no /1.00 Dollars $122.00 for each day that a female child is in detention for pre - adjudication and the daily rate of One Hundred Twenty Seven and no /1.00 Dollars 5127.00 for post adjudication treatment. For specialized programs, the Contracting County agrees to pay One Hundred Thirty Four and no /1.00 Dollars 5134.00 for post adjudication sex offender treatment or drug and alcohol treatment. For intensive programs, the Contracting County agrees to pay One I lundred Fifty Six and no /1.00 Dollars SI56.00 for post adjudication treatment. For the 28 day program, the Contracting County agrees to pay One Hundred Thirty Four and no /1.00 Dollars $ 134.00 per day for each of the twenty eight (28) days in the program. These fees shall be paid to Cornerstone Programs upon billing and in accordance with payment procedures agreed upon by Contracting County and the DCRJC. c;taseK a�dmm1aap9JAt_4V LALVr mufltvrindawsVemoora� �niernet filearontenl. ieSUa94a�8stwmer5 %�g,fina�dy5flcivillcFaM meskauntyticoarfr« enlsy�venlo-ee tikantetcgarawrty- convaa 6•3- 14 doo Page 1 Vol. 204 Pg. Z (a) A day shall mean a twenty-four (24) hour time period beginning with twelve (12) o'clock midnight and ending twenty-four (24) hours later, or any part thereof." (3) DCRJC will provide: room and board, twenty-four (24) hours per day, seven (7) days per week, supervision, routine medical examination and treatment within the facility, an approved educational program, recreation facilities and counseling to each child placed within the facility. DCRJC will also provide all transportation for referrals to the program, to include: pickups upon offense, travel to and from detentionicourt hearings and medical appointments, and release drop - offs. DCRJC will be available for court testimony, as needed. (4) The Contracting County shall provide for all costs incurred for the purchase of prescription medications, medical care (emergency or otherwise), psychological evaluations, or hospitalization. The administrator of the facility is authorized to secure such prescriptions, examination, evaluation, treatment or hospitalization in emergency situations at the expense of the Contracting County. If emergency examination, treatment or hospitalization outside the Center is required for a child placed in the Center by Contracting County, the Contracting County shall be responsible for such costs. The administrator shall notify the Contracting County of such medical situations within 24 hours of its occurrence. (5) Each child placed in the Center by Contracting County shall be placed therein under proper order of the Juvenile Court with the approval of the Administrator and staff of the Center. (6) Each child placed therein shall be required to follow the rules and regulations of conduct fixed and determined by the Administrator and staff of the Center. (7) If a child is accepted by the Center from Contracting County and such child thereafter is found to be, in the sole judgment of the Administrator, mentally unfit, dangerous or unmanageable or either of such conditions or characteristics, or whose mental or physical condition would or might endanger the other occupants of the Center, then in the Administrators sole judgment upon written notification to the Juvenile Judge or Probation Officer, said Juvenile Judge or Probation Officer shall forthwith remove or cause to be removed such child from the Center. (B) DCRJC agrees that the Center will accept any child qualified hereunder, without regard to such child's religion, race, creed, color, sex or national origin. (9) It is further understood and agreed by the parties hereto that children placed in the care of the Center shall not be discharged therefrom without: A. Receipt of the Center of an Order signed by the Associate Judge(s) or Judge(s) having juvenile jurisdiction of Contracting Cuunty duly certified by the Clerk of said Court; or B. By the authorization of the Juvenile Probation Department who originally detained the child; or C. As provided in paragraph (7) above. (10) It is further understood and agreed by the parties hereto that nothing in the Contract shall he construed to permit Contracting County, their agents, servants or employees in any way to manage, control, direct or instruct DCRJC, its servants or employees in any manner respecting any of their work duties or functions pertaining to the maintenance and operation of the Center. However, it is also understood that the Juvenile Court of each individual County shall control the conditions and terms of detention supervision as to a particular child pursuant to Texas Family Code Section 51.12. te°m;nt�op,��titl nmicrosoatwinomvsVemoar�ry irjernei fMSYOn�t castk94a6asltor2en�one r�n�r dod.tciv QWrA W�WIU+% rdawnmemcVure�+66e+wc.aNuwca+Mr wrurast- �S-+aUOC Page 2 Vol. 204 Pg. Ji (I 1) In accordance with the requirements of the Texas Juvenile Justice Department conceming Service Provider Contracts, the following provisions and sub-provisions apply: A. DCRJC through Cornerstone Programs Corporation, in accordance with the provisions of the State Financial Assistance Contracts (SFAC): a. shall identify goals and outputs and document measurable outcome which relate to the program objectives. Goals include a holistic approach, treating every aspect of the juvenile's life. including physical, mental, emotional spiritual and family. The program encourages permanent positive change in a secured structured environment. Output measures 1. an individual case plan will be placed in each juvenile's case management file that clearly defines goals and outputs for each resident, 2. residents will receive accredited school curriculum. 3. 1 hour of behavior group daily, 4. l hour of life skills group daily, 5. 1 hour of physical recreation daily, 6. individual counseling as determined by specific program requirements. Outcome measures Significantly reduce recidivism rates of juvenile offenders while presenting them with the skills needed to maintain their abstinence from delinquency. b. Does certify that Cornerstone Programs Corporation is not ineligible to receive state funds as required by'fems Family Code Section 231.006 and acknowledges that this contract may be terminated and payment will be withheld if this certification is inaccurate: C. Shall adhere to all applicable state and federal laws and regulations pertinent to Cornerstone Programs Corporation's provision of services; d. Understands that payment for services may be paid in part or in full by funds provided through TJJD and shall separately account for the receipt of any state funds received under this contract; c. Shall maintain all applicable records for a minimum of three (3) years or until any pending audits and all questions arising therefore have been resolved, B. In accordance with SFAC. 12(3 through Cornerstone Programs Corporation shall provide, at the request of the Contracting County, any specific accounting. reporting or auditing requirements to ensure performance of and compliance with the contractual provisions of this contract, generally accepted accounting principles and practices are used. C. In accordance with SFAC, this contract may be terminated by Contracting County for non - compliance if: ti3 admin >appua,,allocal4&rosaftiyrnkvw temoara+y Internet lilesYAntenl,; ie5\ fP94a$ BSlcomersjpae .finai_docl rclvifw;lent tdea\ sountydeuatmantaljuvenaaeorvicee \dc+fcc+kirtycanrcau 63- t4.doc Page 3 Vol. 204 pg. �� a. The Center fails to achieve the goals and outcomes of the individual case plan, unless such failure is due to the conduct or performance of the juvenile; or b. The Center fails to comply with the conditions of the Contract. D. Cornerstone Programs Corporation understands that acceptance of funds under this contract acts as acceptance of the authority of the State Auditor's Office, or any successor agency, to conduct an audit or investigation in connection with those funds. Cornerstone Programs Corporation further agrees to cooperate fully with the State Auditor's Office or its successor in the conduct of the audit or investigation, including providing all records requested. (I2) DCRJC expressly waives any and all rights it may have of subrogation to any claims or rights of its employees, agents. owners, officers, or subcontractors against Contracting County. DCRJC also waives any rights it may have to indemnification from Contracting County. (13) INDEMNIFICATION - It is further agreed that DCRJC will indemnify and hold harmless Contracting County against any and all negligence, liability, loss, costs, claims, or expenses arising out of wrongful and negligent act(s) of commission or omission of DCRJC, its agents, servants, or employees arising from activities under this Contract. DCRJC shall have no obligation to indemnify and hold harmless Contracting County for any act(s) of commission or omission of Contracting County's and Contracting County's agents, servants, or employees arising from or related to this Contract for which a claim or other action is made. (14) SOVEREIGN IMMUNITY - This Contract is expressly made subject to Brazos County's Sovereign Immunity, Title 5 of the Texas Civil Practices and Remedies Code, and all applicable federal and state law. The parties expressly agree that no provision of this Contract is in any way intended to constitute a waiver or any immunities from suit or from liability that the Brazos County has by operation of law. Nothing in this Contract is intended to benefit any third party beneficiary . (15) REPRESENTATIONS & WARRANTIES - DCRJC hereby represents and warrants the following: That it has all necessary right, title, license and authority to enter into this Contract That it is qualified to do business in the State of Texas; that it holds all necessary licenses and staff certifications to provide the type(s) of services being contracted for; that it is in compliance with all statutory and regulatory requirements for the operation of its business; and that there are no taxes due and owing to the State of Texas, any County in the State of Texas, or any political subdivision thereof; That it carries sufficient insurance to provide protection to Contracting County under the indemnity provisions, as well as for any potential liabilities that arise from or related to this Contract and in amounts not lower than:; Statutory workers compensation in accordance with the State of Texas requirements. Comprehensive general liability including owners and contractors protective liability insurance for bodily injury, death, or property damages in the following amounts: COVERAG$ PER PERSON PER OCCURRENCE a. Premises and product liability $300,000 $300,0D0 b. Aggregate puliuy limits $300,000 �: Wxrz4a�m�' w.} �daultpcaM; irmsaHw�intlavta�te +raoM,ry „al�rr , �Ie�r,,gntenthdtra9Aag8zkarrerst� final docl- kivlllGiaal roes coon y dspanmsn sg wen a eery crs s�isrt as au oou Page 4 Vol. 204 Pg. /- - Comprehensive automobile and truck liability insurance (covering owned, hired and non -owned vehicles): COVERAGE PER PERSON PER OCCURRENCE a. Bodily injury $300,000 $300,000 (including death) b. Property damage 5300,000 $300,000 c. Aggregate policy limits $300,000 All policies must provide, by endorsement to the policy, that thirty (30) days prior written notice of cancellation or material change in coverage be given to the Risk Manager of Brazos County, Texas. Coverage provided must be on an occurrence basis. No policy submitted shall be subject to limitations, conditions, or restrictions deemed inconsistent with the intent of the insurance requirements contained in this Agreement. All policies shall be written through a company duly entered and authorized to transact that class of insurance in the State of Texas. and That all of its employees, interns, volunteers. subcontractors, agents and/or consultants will be properly trained to report allegations or incidents of abuse, exploitation or neglect of a juvenile in accordance with the requirements of Texas Family Code Chapter 261 and any applicable Texas Juvenile Probation Commission administrative rules regarding abuse, neglect and exploitation allegations. (16) DCRJC warrants that, to the extent it is covered by a general liability insurance policy, that it shall name Brazos County, its agencies, officers and employees, as an additional insured(s) on all current general and automobile liability policies it procures in support of this Agreement.. (17) TEXAS LAW TO APPLY - This Contract shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are perfnrmable in Brazos County, Texas. (18) VENUE - Exclusive venue for any litigation arising from this Contract shall be in Brazos County, Texas. (19) This Contract will terminate in the event sufficient funds are not appropriated by the Brazos County Commissioners Court to meet the Contracting County's fiscal obligations herein. In such event, Contracting County to give DCRJC thirty (30) days' written notice prior to such termination. OFFICIALS NOT TO BENEFIT No officer, member or employer of the Criminal Justice Division and no member of its governing body and no other public officials of DCRJC who exercise any functions or responsibilities in the review or approval of the undertaking or carrying out of this project, shall participate in any decision relating to this Contract which affects his personal interest or have any personal or pecuniary interest, direct or indirect, in the Contract or the proceeds therefrom. This Contract and Agreement on this date is made by and between the parties hereto; it being the declared intention of the parties hereto that the above and foregoing Contract, is a contract providing for the care of children who may have allegedly committed an act of delinquency or an act indicating a need for supervision and payment of such care by Contracting County for such children placed in the Center by the judge of Contracting County juvenile jurisdiction. p'. IVUnadminV�, �aIaYOCal4rsicrosa !tlwindawlttem,)o�lnlernc: rde3 oleo '�e �4a885MAmarstone lin�!du:LkSvirwilenl abs�sol, uty. dapanrnanr5ljuseailgaewicea�acryctounly wntracr G3 -taaac Page 5 Vol. 204 PIZ. / 3 Executed this the 2r, — /—L��— 'ryrene Green, State Director Cornerstone Programs Corporation Q4=:ZZ-� Authorized Signature Duane Peters, Chairman Brazos County Juvenile Board Contracting County The Juvenile Board recommends and requests the Commissioners Court approve contract. Authorized Signature Contracting County Authorized Signature Authorized Signature Authorized Signature Contracting County Contracting County Contracting County ex c,jttegt9 9t�{vt4aGedat VoUNrnicrnsgft w dOwSUHnaarHtY rierret bles'tanteM - iC5Up9d��$S�CO gAgn , t, in ,I jl,QCt- bwil'rdiaM �meywanlletawices'�c seueri'*.ariracs. &Z-14 d" Page b Vol. 204 Pg. %d Approved by Commissioners Court on the ?day of 2014. BRAZOS COUNTY: D,` uuana��e Peters, County Judge Vo1.204 Pg. 7' Page 7 TREE REMOVAL SERVICE CONTRACT BRAZOS COUNTY PURCHASING DEPT. Brazos County Courthouse 200 S. Texas Ave., Ste. 352 SOQ Request No. 2014 -71 Bryan, Texas 77803 Page 1 of 7 Pages Telephone (979) 3614294 GENERAL REQUIREMENT FOR CONTRACT I, L.p.Yry Flack as a duly authorized representative of tOAVCWI" TQ-p, &ff�- "Contractor" willingly attest to perform (or deliver) as per Exhibit "A" for Brazos County. I further agree to all of the provisions and specifications contained in this contract. ASSIGNMENT The successful offeror may not assign, sell or otherwise transfer this contract without written permission of Brazos County Commissioners Court. Should there be a change in ownership or management; the contract shall be terminated unless a mutual agreement is reached with the new owner or! manager to continue the contract with its present provisions and prices. AWARD Brazos County reserves the right to award this contract on the basis of LOWEST AND BEST OFFER in accordance with the laws of the State of Texas, to waive any formality or irregularity, to make awards to more than one offeror, to reject any or all bids. CONTRACT OBLIGATION Brazos County Commissioners Court must award the contract and Brazos County Judge or o: ther person authorized by Brazos County Commissioners Court must sign the contract before it becomes binding on Brazos County or the offerors. Department heads are NOT authorized to sign agreements for Brazos County. Binding agreements shall remain in effect until all products and/or services covered by this purchase have been satisfactorily delivered and accepted. QUANTITIES The quantities specified in this agreement are estimates only. Brazos County does not guarantee to purchase any minimum quantities or services other than those listed on a purchase order. CONTRACT RENEWALS Renewals may be made ONLY by written agreement between Brazos County and the offeror. Any and all price escalations shall not be accepted and shall be considered a non - response. Vol. 204 Pg. SOQ Continuation Sheet SOQ Request No. 2014-71 BRAZOS COUNTY, TEXAS Page 2 of 7 Pages HOLD HARMLESS AGREEMENT Contractor, the successful offeror, shall indemnify and hold Brazos County harmless from all claims for personal injury, death and/or property damage resulting directly or indirectly from contractor's performance. Contractor shall procure and maintain, with respect to the subject matter of this bid, appropriate insurance coverage including, as a minimum, public liability and property damage with adequate limits to cover contractor's liability as may arise directly or indirectly from work performed under terms of this bid. Certification of such coverage must be provided to Brazos County upon request. INSPECTIONS & TESTING Acceptance of merchandise, work, and/or equipment provided shall be made by Brazos County at the sole discretion of the Commissioners Court when all terms and conditions of the contract and specifications have been met to its satisfaction, including the submission to Brazos County of any and all documentation as may be required. ADDITION/MODIFICATION OF LOCATIONS OR SERVICES Brazos County reserves the right to add locations as these additional locations may be required. Locations to be added may include, but not limited to, expansions or additions to existing facilities and acquisition or construction of new properties. In the event that Brazos County makes significant structural changes to an existing facility that impacts the contractor's cost in providing the services anticipated by this contract such change may be treated as a new facility and the procedures provided for in this section may be followed in determining an appropriate price. In the event Brazos County wishes to add other locations to a group under the Contract, a quotation will be solicited from the incumbent contractor in good standing for the group in which the new location is appropriately situated. In the event Brazos County shall sell, vacate, abandon, or otherwise dispose or terminate a location to which the contract applies, all existing contracts or agreements or services applicable to such location, the portion of this contract that applies to such locations is terminated. All remaining portions of the contract will remain intact. Brazos County will endeavor to give the Contractor written notice of such termination of locations a minimum of thirty (30) days in advance. INVOICES & PAYMENTS Payments to Contractors will not be made if the Contractor cannot produce a Brazos County Purchase Order. Offerors shall submit an original invoice on each purchase order or purchase release after each delivery, indicating the purchase order number. Invoices must be itemized. Any invoice, which cannot be verified by the contract price and/or is otherwise incorrect, shall be corrected by the Contractor. When multiple deliveries and/or services are required, the offeror may invoice following each delivery or performance of service and Brazos County will pay on invoice with in thirty (30) days upon receipt of invoice. Contracts providing for a monthly charge will be billed and paid on a monthly basis only. The Contractor will provide an invoice for each month in which Brazos County is responsible for payment, during the duration of the contract. Prior to any and all payments made for goods and/or services provided under this contract, the offeror should provide his Taxpayer Identification Number or social security number as applicable. This information must be on file with Brazos County Auditor's office. Failure to provide this information may result in a delay in payment and/or back -up withholding as required by the Internal Revenue Service. Vol. 204 Pg. SOQ Continuation Sheet BRAZOS COUNTY, TEXAS SOQ Request No. 2014 -71 Page 3 of 7 Pages PRICING Prices for all goods and/or services shall be firm for the duration of this contract and shall be stated on the Pricing/Delivery Information form. Prices shall be all inclusive: No price changes, additions, or subsequent qualifications will be honored during the course of the contract. All prices must be written in ink or typewritten. Pricing on all transportation, freight, drayage and other charges are to be prepaid by the contractor and included in the bid prices. If there are any additional charges' of any kind, other than those mentioned above, specified or unspecified, offeror MUST indicate the items required and attendant costs or forfeit the right to payment for such items. Where unit pricing and extended pricing differ, unit pricing prevails. TAXES Brazos County is exempt from all federal excise, state and local taxes unless otherwise stated in this document. Brazos County claims exemption from all sales and/or use taxes under Texas Tax Code § 151.309, as amended. Texas Limited Sales Tax Exemption Certificates will be furnished upon written request to Brazos County Purchasing Agent. GOVERNING FORMS In the event of any conflict between the terms and provisions of these requirements and the specifications, the specifications shall govern, In the event of any conflict of interpretation of any part of this overall document, Brazos County's interpretation shall govern In the event of a conflict between the terms, conditions, provisions, and specifications of this document and any other terms! conditions, provisions, and specifications provided by the Contractor; the terms of this document shall supersede. GOVERNING LAW This bid solicitation is governed by the competitive bidding requirements of Brazos County, Purchasing Act, Texas Local Government Code, §262.021 et seq., as amended. Offerors shall comply with all applicable federal, state and local laws and regulations. Offeror is further advised that these requirements shall be fully governed by the laws of the State of Texas and that Brazos County may request and rely on advice, decisions and opinions of the Attomcy General of Texas and Brazos County Attorney concerning and portion of these requirements. DISQUALIFICATION OF OFFEROR Upon signing this bid document, an offeror offering to sell supplies, materials, services, or equipment to Brazos County certifies that the offeror has not violated the antitrust laws of this state codified in Texas Business and Commerce Code §15.01, et seq., as amended, or the federal antitrust laws, and has not communicated directly or indirectly the bid made to any competitor or any other person engaged in such line of business. Any or all bids may be rejected if Brazos County believes that collusion exists among the offerors. Bids in which the prices are obviously unbalanced may be rejected. If multiple bids are submitted by an offeror and after the bids are opened, one of the bids is withdrawn, the result will be that all of the bids submitted by that offeror will be withdrawn; however, nothing herein prohibits a Contractor from submitting multiple bids for different products or services. Vol. 204 Pg. S� SOQ Contlnuation Sheet SOQ Request No. 201471 BRAZOS COUNTY, TEXAS Page 4 of 7 Pages SEVERABILITY If any section, subsection, paragraph, sentence, clause, phrase or word of these requirements or the specifications shall be held invalid, such holding shall not affect the remaining portions of these requirements and the specifications and it is hereby declared that such remaining portions would have been included in these requirements and the specifications as though the invalid portion had been omitted. SILENCE OF SPECIFICATIONS The apparent silence of specifications as to any detail, or the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practice is to prevail and that only material and workmanship of the finest quality are to be, used. All interpretations of specifications shall be made on the basis of this statement. The items furnished under this contract shall be new, unused of the latest product in production to commercial trade and shall be of the highest quality as to materials used and workmanship. Manufacturer furnishing these items shall be experienced in design and construction of such items and shall be an established supplier of the item bid TERMINATION Brazos County reserves the right to terminate the contract for default if offeror breaches any! of the terms therein, including warranties of offeror or if the offeror becomes insolvent or commits acts of bankruptcy. Such right of termination is in addition to and not in lieu of any other remedies which Brazos County may have in law or equity. Default may be construed as, but not limited to, failure to deliver the proper goods and/or services within the proper amount of time, and/or to properly perform any and all services required to Brazos County's satisfaction and/or to meet all other obligations and requirements. Brazos County may terminate the contract without cause upon a written notice. Termination will take effect immediately upon Contractor receiving written notice. POLICY REQUIREMENTS FOR CERTIFICATE OF INSURANCE CONTRACTOR'SINSURANCE The Contractor /Contractor, before starting work for Brazos County, must furnish Brazos County a Certificate of Insurance or other acceptable evidence from a reputable insurance company or companies with an A.M. Best Rating of AA@ (such companies to be acceptable to Brazos County) licensed to write insurance in the state of Texas, showing that the Contract is covered by the insurance as follows: (1) $1.000.000. In the event any work is sublet, the Contractor shall require the subcontractor similarly to provide the same coverage and shall himself acquire evidence of such coverage on behalf of the subcontractor. (TLC Sec. 401.011) (2) Commercial General Liability Insurance with a $ 1,000,000 Combined Single Limit.I The policy shall be on the Comprehensive General Liability 1986190 occurrence form, and shall include coverage for acts of independent contractors, and shall name Brazos County as an additional insured. Waiver of subrogation is required. No claims made policies are acceptable without prior approval by the Commissioners Court/Risk Management. Vol. 204 Pg. SOQ Continuation Sheet BRAZOS COUNTY, TEXAS (3) Automobile Public Liability Insurance with propelled vehicles used in connection with Waiver of subrogation is required. SOQ Request No. 2014 -71 Page 5 of 71 Pages a $ 500,000 Combined Single Limit, in all self - the contract, whether owned, non -owned or hired. The Certificate of Insurance ftunished to Brazos County shall contain a provision that coverage under such policies shall not be canceled or materially changed until at least 30 days prior written notice has been given to Brazos County LIMITATIONS The parties are aware that there are constitutional and statutory limitations on the authority of Brazos County to enter into certain terms and conditions of the Agreement, including, but not limited to, authorizations of the placement of liens on Brazos County property; disclaimers and limitations of warranties; disclaimers and limitations of liability for damages; waivers, disclaimers and limitations of legal rights, remedies, requirements and processes; limitations of periods to bring legal action; granting control of litigation or settlement to another party; liability for acts or omissions of third parties; payment of attorneys' fees; dispute resolution; indemnities; and confidentiality (collectively, the "Limitations'). Any Agreement terms and conditions related to the Limitations will not be binding on Brazos County except to the extent authorized by the laws and Constitution of the State of Texas. COVERAGES/WAGES Nothing in this Agreement shall be construed as making Brazos County responsible for the payment of compensation and/or any benefits for Contractor including health, property, motor vehicle, workers' compensation, disability, death, and dismemberment insurance for the Contractor's employees and/or equipment. Nothing in the Agreement shall be construed as making Brazos County responsible for wages, materials, logistical support, equipment, and related travel expenses incurred by the Contractor. SOVEREIGN IMMUNITY The parties understand that Brazos County does not waive or relinquish any immunity or defense on behalf of itself, officers, employees, agents, and volunteers as a result of its execution of this Agreement and the performance of the covenants contained herein. Further, Brazos County is not responsible for any civil liability that arises from any act or omission made within the course and scope of this Agreement. The Parties understand and agree that Brazos County does not assume civil liability under any theory of law for the actions of the Contractor in providing services hereunder. NOTICES I Notices shall be mailed to the addresses designated herein or as may be designated in writing by the parties from time to time and shall be deemed received when sent postage prepaid U.S. Mail to the following addresses: BRAZOS COUNTY: Brazos County, Texas Duane Peters, Brazos County Judge 200 South Texas Avenue, Suite 332 Bryan, Texas 77803 Vol. 204 Pg. � 0 SOQ Continuation Sheet BRAZOS COUNTY, TEXAS SOQ Request No. 2014 -11 Page 6 of 7 Pages CONTRACTOR: Sales Contact Name: Phone Number: Billing Info: LA -na-% 91 1 i18- ?3a3 Pn Ethc LA-119. , 30w j'j( 77205 ASSIGNABILITY This agreement may not be assigned without the prior written permission of Brazos County. FISCAL FUNDING CLAUSE Notwithstanding any provisions contained herein, the obligations of Brazos County are expressly contingent upon the availability of funding for the obligations contained herein for the, term of the Agreement and any extensions thereto. WAIVERS No waiver by either party hereto of any term or condition of this Agreement shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. ENTIRE AGREEMENT This Agreement represents the entire and integrated agreement between Brazos County and the Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement may only be amended by written instrument approved and executed by the parties. AVAILABILITY AND RETENTION OF RECORDS All records relating to the service provided under this contract and supporting documentation for invoices submitted to Brazos County by the Contractor shall be retained and made available by the Contractor for audit by Brazos County, it duly authorized representatives, the State of Texas (including, but not limited to the Auditor of the State of Texas, Inspector General or duly appointed law enforcement officials) and agencies of the United States Government. Such records shall be returned by Contractor and made available for any time period required by state or federal law, if changes occur in the governing state or federal law, regarding retention records, Contractor shall comply with such changes. If an audit is initiated before the expiration of such time periods required by state or federal law regarding retention of records, the Contractor shall retain such records until the audit is concluded and all issues resolved. Contractor shall provide Brazos County with copies of such audits that be conducted with respect to the contract. AUDIT RESPONSIBILTY i The Contractor shall be responsible for receiving, replying to and/or complying with any audit exception by appropriate federal, state or local audit directly related to the provision of this contract. The Contractor shall repay to Brazos County the full amount received for duplicate billings, erroneous billings, false or deceptive claims. The Contractor recognizes and agrees that Brazos County may withhold any money due and recover through any appropriate method any money erroneously paid under this contract if evidence exists of less than full compliance with this contract. Vol. 204 Pg. I SOQ Continuation Sheet SOQ Request No. 2014 -71 BRAZOS COUNTY, TEXAS Page 7 of 7: Pages INDEMNIFICATION The Contractor shall defend, indemnify and save harmless Brazos County and all its officers, agents, and employees from all suits, actions, or claims of any character, name and description including attorney's fees expenses brought for or on account of any injuries or damages received or sustained by any person or persons or property, by or from the said Contractor or his employees or by or in consequence of any negligence in safeguarding the work, or through the use of unacceptable materials in construction of the work, or by or on account of any act of omission, the Worker Compensation Law or any other law, ordinance, order or decree, and so much of the money due the said Contractor under and by virtue of his contract as shall be considered necessary by Brazos County may be retained for the use of Brazos County, or in case no money is due, his sureties shall be held until suit or suits, action or actions, claim or claims for injury or damages as aforesaid shall have been settled and satisfactory evidence to that effect furnished Brazos County. Contractor shall defend, indemnify and save harmless Brazos County, its officers, agents and employees in accordance with this indemnification clause regardless of whether the injury or damage is caused in part by Brazos County, its officers, agents or employees. The undersigned affirms that they are duly authorized to execute this contract, that this proposal has not been prepared in collusion with any other Proposer, and that the contents of this proposal have not been communicated to any other Proposer prior to the official opening of this proposal. The signatory also agrees to all provisions and specifications of this contract. Signed By: Title: �reStr�CY1� Typed Name: L-I' ` Fru_h Company Name: A&y6nC-A I-Y�Q2 Qmr2 Phone No. 979-778-7333 Email Address: L rFincl, QC�UAYk&%QC L�il2 . �J1Z_ Mailing Address: F-O( 102.9 P. O. Box or Street City State Employer Identification Number: 74 - �,Q 10109 (A Social Security Number: App oved Commissi a s Court on this 0 day of 2014 by 'I', the a position of ������ Vol.204 Pg. 's Exhibit "A" IQ 2014 -71 Tree Removal Service Informal Quotes Fill out this form and hand deliver or mail to the Brazos County Purchasing Department, 200 South Texas Ave.. Suite 352; Bryan, TX 77803 in a sealed envelope clearly marked "IQ 2014 -71, Tree Removal Service ". Include the signed Contract and a copy of the required insurance with the submission of quotes. The required Insurance is listed in the attached Contract. Ouotes mast be received by the Brazos County Purchasing Department by 2:OOn.m.. Tuesday, June 24, 2014 or they will not be considered. Brazos County will not accept any pricing if delivered via email or fax. Pricing proposals or IQ's delivered to any other person or department other than previously specified, will not be considered responsive. Snecifications for Tree Removal Service Brazos County is soliciting quotations for one (1) tree is located at the Boonville Cemetery to be cut down and removed for the Brazos County Landscaping Team. 1. Tree could be dead and/or surrounded by headstones, markers andd, antique fencing. 2. Contractor will be required to provide the equipment, personnel, needed to safely remove this tree. 3. There is one (1) cedar tree to be cut down. To get information about, the tree please submit questions or information required on the Brazos Valley Online Bidding System at www.brazosbid.cstx.gov. 4. Tree is surrounded by antique fencing with headstones, markers nearby; all of which are irreplaceable. This tree will need to be cut down without disturbing or damaging any headstones, markers or fencing. It is required and the responsibility of the Contractor if necessary, to secure branches and cut trees down in segments. 5. This tree will not need to be stump grinded. Brazos County oeeds it to be cut to approximately waist high so that the stump can still be seen for safety reasons. 6. Tree is marked with a number and/or ribbon for identification. 7. Contractor must submit and post all questions regarding this solicitation on the Brazos Valley Online Bidding System located at www.brazosbid.cstx.goy. Any questions received via email or phone call will not be answered. 8. Contractor is responsible for the safety of the all personnel, equipment and property at all times, while on job site. Exhibit A Page 1 of 3 Vol. 204 Pg. 1q-`1 9. Contractor must sign and agree to all terms and conditions of Brazos County Service Contract attached or quote submission will not be valid. 10. Successful contractor must provide evidence of Workman's Comp, General Liability and Automobile Insurance prior to award. AWARD The contract award shall be based on, but not necessarily limited to, the following factors: a) Cost b) Special needs and requirements of Brazos County c) Time needed to complete service d) Location of Vendor (distance that vehicles will travel for services),' e) Vendor's past performance record with Brazos County 2. Although the cost of products to be provided is an essential part of the award, Brazos County is not obligated to award a contract on the sole basis of ,cost but will award to vendor considered to be the best value to Brazos County. LOCATION The Booneville Cemetery is located at 2421 QUOTES Boonville Rd (FM 158), Bryan Texas 77803. I Fill out 'Informal Quotes" form below and hand deliver or mail to the Brazos County Purchasing Department, 200 South Texas Ave., Suite 352; Bryan, TX 77803 in a sealed envelope clearly marked "IQ 201471, Tree Removal Service ". Include the signed Contract and a copy of the required insurance with the submission of quotes. The required Insurance is listed in the attached Contract. 2:00p.m.. Tuesday, June 24. 2014 or they will not be considered. Brazos County will not accept any pricing if delivered via email or fax. Pricing proposals or IQ's delivered to any other person or department other than previously specified, will not be considered responsive. 2. Contractor shall quote total cost in one lump sum for this tree to be cut down and removed from the cemetery. 3. Lump sum quote shall include any equipment and or labor that contractor will need to cut the trees down in accordance with the specifications. 4. Successful contractor will schedule work with Pam Beltrand prior to work being started. 5. Contractor shall provide how long it will take for work to be started once PO has been received by Contractor. Exhibit A Page 2 of 3 Vol. 204 ft. N Total Cost of this project -779-,00 After receiving Purchase Order and instructions from Brazos County Landscaping Team, How many days to start work S 13"inP`73 10ayS The undersigned affirms that they are duly authorized to execute this contract, that this bid has not been prepared in collusion with any other bidder, and that the contents of this bid have not been communicated to any other bidder prior to the official opening of this bid. Furthermore, the bidder affirms that they are willing and capable of performing the services entailed in this bid or providing the goods described in this bid, and agrees to do so for the term of this contract. The bidder also agrees to all of the terms and a condition contained in this document and agrees to be held to them for the term of this contract. Name of Company: AMo-nc¢d Tree.. Ci�vCe_. Federal Tax lD #: Address: FQ 'kk q7).7 j TX ?-12G5 Telephone #: Email Address: Printed Name: Signature of Authorized Representative: Exhibit A Page 3 of 3 Vol. 204 Pg. c—' DEPARTMENT: MEETING DATE: SUBJECT: BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM Road & Bridge July 8, 2014 Private Property Access Request permission to enter private property owned by Faye Caldwell loci Creek Road. Project will survey= elevation of drainage area near pond to amount of cut needed to achieve proper slope to drain roadway culvert. 1 will then be cut and lined with rip -rip to control erosion. Site is located in SUBMITTED BY: J V. Salvato Right of Way Agent This request is Peters, County Date: _jz 1; 01 q Vol. 204 Pg. 3- &1 APPROVED BY: Lloyd Wassermann Commissioner Precinct 1 ❑ by Commissioners' " (e on Hopes rmine the rage ditch :inct 1. ' i rf''i; ?C�SI:w��r, or BRAZOS COUNTY PRIVATE PROPERTY ACCESS FORM E. Duane Peters Brazos County Judge Lloyd Wassermann Commissioner Pd. 1 Sammy Calalen t Commissioner Pct. 2 Kenny Mallard Commissloner Pct. 3 Irma Cauley Commissioner Pct. 4 OWNER(S): Etharee Faye Caldwell II. ADDRESS: 12659 Hopes Creek Road College Station, Texas 77845 R. Alan Munger, P.E. County Engineer Brazos County Road 8 Bridge Dept. 2817 Hwy 21 West Bryan, Texas 77803 Office: 97$822 -2127 Fax 979 - 775 -0453 III. LOCATION OF WORK: Same as above ` R45799 — Valley Ridge, ph. 1, Lots 18A & 19, 15.643 acres IV. DESCRIPTION OF WORK: Request permission to enter property for thel purpose of surveying the elevation of drainage toward pond. Project will then cut drainage ditch and line with rip -rap to control erosion. Additional Comments: I I V. MAINTENANCE: Yes �_ No 96C IF YES, ESTIMATE FREQUENCY OF MAINTENANCE: '70 c°M /may I (we) the undersigned owner(s) grant permission to Brazos County the ability to adcess the above mentioned private property for roadway maintenance purposes. l Owner's Signatur . R11 4'4, P R. Alan Munger, P. V. Salvato County Engineer fight of Way Agent Vol. 204 Pg. � 9 BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT: Road & Bridge MEETING DATE: July 8, 2014 SUBJECT: Temporary Utility Permit — _Apache Corporation Consider and take action on the Apache Corporation utility permit temporary 10" water line within and along the right -of -way of Leonard Roac will provide water to oil well. Site is located in Precinct 4. SUBMITTED BY: Salvato of Way Agent This request APPROVED BY: Irma Cauley Commissioner / DENIED ❑ by Commissioners', Duane Peters, County Judge Vol. 204 Pg. SY a install Project 3 Lc TO: THE COUNTY FNGINEER OF BRAZOS COUNTY, TEXAS Pursuant to the Texas Ut lity Code, Section 181.024, comes now r/tAt-Ile= to — (Conipwry nanrej. hereinafter referred to as ` Company" a _ (,rtntej Corporation, with authority to transaci business in Texas, acting by and through its July authorized representative, and hereby petitions the County Engineer for the right to lay, construct, maintain, repair and/or operate a gas facility under, over, across and/or along certain County Roads as shown on drawings and diagrams attached hereto and said location described as follows: Facility to Cross Road Road Name & Block Number Length of Crossin TYPE OP CONSTRUCTION (CUECK ONE To 7100 LePJ49h Ah IrAii -vV Bored lacked Driven Cased I 6a It t r Facility to Parallel Comm Road Within Right -Of Wav' Road Name and Block Number i From To Depth Distance I CONSTRUCTION TYPE �rt 0 Diameter Material Specification Maximum Operation Pressure The location and detailed drawings. Wall Thickness 11t6:- f ><Sv psz. of the proposed installation and appurtenances must be fully on the attached The Company, shall commOce actual construction/work in good faith within 60 days from the date of said permit and shall complete said const fiction /work within 1�0 working days. (COMPANY MUST FILL Ii). If such construction is not begun b � the 60rh day, Company will be required to apply for a new permit. Company declares that prier to filing this application, it has ascertained the location of all existing utilities, loth aerial and underground, and the filing of this application is prima facie evidence that the proposed installation will not conflict with any existing ujI fity. I A copy of this permit shall pc kept at the job site any time work is being perforated. It is expressly' stipulated tilat this Permit is a license for permissive use only and that the placin¢ �f facilities upon public property pursuant to his permit shall not operate to create or vest any property right in said holder. It is understood and agreed that the rights and privileges herein set out are granted only to the extent of the County's right, title and interest in the land to be entered upon and used by the holder and the holder will at all times assume risk of and indemnify, defend 3nd save harmless Brazos County from and against any and all loss, damages, cost or expense arising in any man er on account of the exercise or attempted exercise by said holder of the aforesaid rights and privileges. i Vol. 204 Pg. FY Any deviation from the# specifications must be approved by Brazos County Engineer's Office or its designated representative. Approval of County Engineer's Office may take as long as two weeks after complete application is received. Applicant agrees to comply with all rules of the County Commissioners and the County Engineer in construction of said installation attachedJhereto as BRAZOS COUNTY DESIGN STANDARDS AND SAFETY PRECAUTION REQUIREMENTS FO WORK CONDUCTED iN BRAZOS COUNTY RiGHTS OF WAY and incorporated herein for reference, In the event Company fa s to obtain a permit prior to the installation or does not install utilities tin compliance with installation requiremen set forth herein (i.e. depth, location, etc), Company assumes all financial responsibllity for damages and/or destrucliptr of lines, cables, etc. based upon itsfailure to comply with Brazos Co i my requirements. Applicant agrees that if fellicies. azos Countv demonstrates a violation of the terms of this policy, Applicant stipulates that requisites for injunctive llef exist and that Brazos County is entitled to relief enjoining any conduct by applicant which is contrary to the I This permit is a revocab permit. Brazos County reserves the rig /it to revoke this permit at any time, in the sole discretion of Brazos Caa pity, for interests of public health, safety or welfare, or for failure to repair any damages upon demand, or for any ther reason deemed sufficient by Brazos County. Jr. a n the event Company s to comply with any or all of the requirements as set forth herein, thn County may take such action as it deems appropriate to compel compliance. The CouniyEngineerfurtherredlains the right to revoke this Permit by verbal noti tcation to the Applicandcompany. Failure to obtain this per it and/or noto- the County Engineer's Ofce within 24 hours of beginning construction shall constitute grounds Qr job shutdown. By signing below, i certi that I am authorized to represent the Company listed below, and that the Company agrees to the conditions/provisioi s included in this permit, e ale Company Name "'Os to 4) By. 9fgnature '" I l ,ntl SLt l Title 6j� h Axe Address City , State Zip Telephone Number Email: Vol. 204 Pg. o WATER UTILMY APPROVAL Brazos County offers no objection to the proposed location of the utility in the County right of way as shown by accompanying drawings notice dated O 7 — 0; — a20fq except as noted below: (Month/Day/Year) EXCEPTIONS: V5J Lay &XkS FVA Ctl&IU75 GESS I7_/MA( gyp a, rwrrnr Engineer �vq,/` � Brazos County Engineer I tuurree� J Q Title j i I L I Vol. 204 Pg. �/ Brazos County THIS MAP HAS BEEN PREPARED FOR THE U Date '. 8!2/2013 THE FEATURES SHOWN ARE MEANT Fi THIS MAP DOES NOT MEET APPRAISAL DISTR;CTAND HAS NO OFFICIAL STATUS DOSES ONLY AND ONLY AT THE PRINTED SCALE. TANDARDS AT RS PUBLSHED SCALE Sr p < A- /> .. 00 Ilk 6 / y?d ' It RIV, B6' \v /- O � s Vol. 204 Pg. r BRAZOS COUNTY ROADWAY SAFETY AND ROAD PRESERVATION STANDARDS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY A. General Requirements 1. Adequate drainage shall be maintained in ditches at all times. 2. Permittee will use best management practices ('BMP ") (EPA and TCEQ both provide lists of examples of BMPs) to minimize erosion and sedimentation resulting from the proposed installation. 3. The permittee shall take precautions to avoid damage to property. All County Right of Way and property shall be restored to its original condition, as far as practical, in the opink n of the County Engineer or appointed representative. 4. The construction and maintenance of such utility shall not interfere with the property or rights of a prior occupant. 5. Permittee shall not interfere with other utilities located in the right of way. In the even d damages occur, permittee will be liable to the County or other utilities running through the right of xay. 6. County Engineer shall determine whether or not pemtittee's plans shall inconvenien I the public. If it is determined that inconvenience to the public exists, then the County Engineer will decide whether such project will be allowed or if an alternative exists so as not to inconvenience the public. A Safety Requirements I. Proper traffic control measures must be put in place prior to beginning work and remainlin place during the duration of the job. All traffic control measures must follow the Texas Manual of Uniform Traffic Control Devices ( TMUTCD). See Traffic Control Requirements below. 2. During construction, all safety regulations of the Texas Department of Transportation shall be observed. 3. Permittee must take such precautions and measures, including placing and displaying safety devices, as may be necessary, in order to safely conduct the public through the projects area. Company shall provide flagmen, signs, signals or devices necessary to provide complete safety to the public. 4. Adequate provisions must be made to cause minimum inconveniences to traffic and i djacent property owners. 5. No cable, conduit and /or pole line shall be laid, constructed, maintained and/or rlepaired so as to constitute a danger or hazard of any kind to persons or vehicles using such road. AnIIy poles placed in the Right of Way for future installation shall be placed at the back of the i Right of Way. Exceptions maybe approved by the County Engineer. C. Traffic Control Plan A traffic control plan, pursuant to the TMUTCD or Engineered Traffic Control Plan for the following: a. any construction (Le, pit, excavation, hole) left open overnight, nighttime traffic control measures pursuant to the TMUTCD; b. if construction is within ten (10) feet of the roadway; or c. any work performed in the road right -of -way; Vol. 204 Pg. 9 be provided specific 2. Plan must be attached to the permit and kept at the job site any time work is being 3. Plan must set forth the time of completion for the job. D. Design Standards 1. All overhead installations shall conform to clearance standards of the Transportation and the pole be placed in the designated area for power the Texas Utilities Code, Section 181.043, 2. All pole installation (including lighting) shall be placed at the backside of the safety to the public. Any pole placed in violation of this requirement will be to the appropriate location at the company's expense. Exceptions may be ap Engineer. All underground installations shall (these are minimum depths — utility may place deep a. be placed at a minimum depth of forty -eight (48) inches below the top of the pa b. be at least thirty -six (36) inches below ditch flow line when installation measured from top of bank to top of bank; c. be at least forty -eight (48) inches below ditch flow line if low pressure gas i For high pressure gas and petroleum lines, see High Pressure Pipelines req below; d. not be closer than ten (10) feet from the edge of pavement. Exceptions may way of less than 60'. 4, Water Lines: All water lines must be a minimum 36- inches below the ditch Waterlines shall be cased if crossing under the roadway. 5. Utilities in all new developments that have 60 feet or greater of right of way shall designated locations based upon the type of utility. The locations shall be as from back of right-of-way). Power — 0 -2 feet, nominally I' Phone — 2 -4 feet, nominally 3' Gas — 4 -6 feet, nominally 5' Cable -6 -8 feet, nominally 7' 6, Utilities with less than 60 feet right -of -way in all new developments shall install the manner as referenced in No. 3 above, however, the County Engineer representative will provide final approval of each utility location. 7. The length of any trench to be opened in advance of the pipe, conduit or ducts may 400' if left open over night or unattended. 8. Crossings under a county road shall: a. be bored or jacked. ABSOLUTELY NO OPEN CUTS WITHIN COUNTY RO b. be pressure grouted for the full length of the crossing if the annular space casing and soil exceeds one (1) inch. Brazos County must be given pressure grouting operations and have the opportunity to have an inspector pressure grouting operations; c. TxDOT Standard Specification Item 476 shall be followed for all boring, and joints. Vol. 204 Pg. Department of as set forth in of Way to ensure ;d to be moved by the County within the area petroleum lines. ements listed in rights of line and cased. installed within Dws: (measured ity in a similar its designated be longer than )PAVEMENT; tween pipe and hours notice of site to observe tunneling 9. Bore Pits a. no pits shall remain open longer than 2 days; b. all pits shall have proper traffic control measures in place. See Traffic Control Plan listed above. c. pits shall NOT be located within ten (10) feet from the edge of pave tent without prior approval from the County Engineer or his representative; d. when pits are to remain open for more than 8 hours, due diligence will be used in protecting the spoil pile to prevent drainage problems; e. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity; f. based upon soil conditions, the County Engineer or his representative may requi le pits be placed further from the edge of road. 10. Any installation within ten (10) feet of edge of pavement shall meet the following: a. location must be approved by the County Engineer or his representative b. backfilled with cement stabilized material. c. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity. d. all excess water and mud shall be removed from the trench prior to backfilling. Any backfill placed during a rainy period or at other times where excess water cannot be prevented from entering the trench will be considered TEMPORARY and shall be replaced with PERMANENT cement stabilized material as soon as weather permits; e. all disturbed base and pavement materials shalt be removed and restored to he satisfaction of the County Engineer or his representatives. f. no side or lateral tamping to fill voids under the base and pavement materials is Ilowed. 11. Company must be careful to not jeopardize the slope or integrity of the shoulder of the road. In the event Company damages the slope, shoulder or any other portion of the right -bf -way, Company will be responsible for repairing the damage and replacing the right -of -way t� the condition it was prior to commencing construction. 12. Operation of construction and/or maintenance equipment on the traveled surface of any improved County road will not be permitted, except in an instance whereby the laying, construction, maintenance and /or repair of cables, conduits and/or pole lines cannot be accomplished by any other method and in this event all such equipment shall be of the rubber tire val iety. Appropriate ffi trac control shall be provided meeting TMUTCD requirements. 13. In the event said construction and/or maintenance and/or repair requires Company o remove, cut or jeopardize any section of the road (asphalt, cement, road base, etc.), Company v ill be required to provide a performance bond or letter of credit securing necessary repairs. Said )ond amount will be determined by the County Engineer. 14. The applicant shall submit a letter of "No Objection" from the Army Corps of designated wetlands and environmentally sensitive lands. E Emergency work I. In the event Company is required to perform emergency services, that requires Right of Way, and unable to notify the County Engineer prior to conduc Company shall notify County Engineer within 24 hours of beginning constrt allow the County Engineer's Office an opportunity to inspect the site to the County Right of Way and traffic safety controls used. Vol. 204 Pg. 74 For all ion in a County ergency repairs, pairs. This will the integrity of F. Repairs to existing facilities Maintenance and/or repair to existing cables, conduits, and/or pole lines which require disturbance of the soil, shall not be performed until plans describing such maintenance and /or repair have been approved by the County Engineer or its designated representative and a pennit has been obtained. G. Relocation of utilities When and if the County Engineer determines that it is necessary for the construction, repair, improvement, alteration or relocation of all or any portion of said road, any or all poles, wires, pipes, cables or other facilities and appurtenances authorized hereunder, shall The removed from said road, or reset or relocated thereon, as required by the County Engineer within a reasonable time as determined by the County Engineer and Utility Company, and at the experts e ofthe Utility Company. H. High Pressure Pipelines 1. All utility Permits for high pressure pipelines (generally 60 PSI or greater), whether pertaining to controlled access or non - controlled access installations, should contain the following additional information in the description of the permit. - diameter -wall thickness - material specification - minimum yield strength - maximum operation pressure of the pipeline 2. With the exception of the maximum operation pressure of the pipeline, this infoi nation is to be supplied for both the carrier pipe and the casing. 3. Assurance must also be given that the installation material and design meet the minimum Federal Safety Standards for Liquid and Gas Pipe Lines. Assurance must be provided on company letterhead and signed by an authorized representative of the company. 4. Petroleum Pipelines: Depth d:+nF o.odnl Rnar iul Rnnuirnm nnfc Encased Pipe Less than 10' Must be covered with concrete pad at least 36" deep Encased Pipe Greater than 10' No concrete pad required Non -Cased Pipe Less than 10' Must be covered with concrete pad at least 48" deep Non -Cased Pipe Greater than 10' No concrete pad required The Concrete pad shall be minimum of 3" thick and width shall be pipe diameter plus 18" miInimum. 5. Under no circumstances will a pipeline be installed parallel to a County Road within the Right -of- Way. Transmission lines have been determined to be petroleum pipelines (which includes natural gas lines) and shall not be parallel to a County Road. 6. Natural Gas Distribution is a line that serves the final customer. Vol.-204 Pg. 7% i, r Tii!1611 a E as a e ♦€ IY lie F _Litt h1z afi 1 e #� a° a a II. qZ5 jig UP yyt s a� rg �8 ' &R8 f e W _d° �GE4 iZ+_ LL O i �€ a �♦ 8� a �•�'����_G ya �p�E �� a N ijai� y:i gE 6i gE1 .P a� r�{ Hli 6I . EbEgl�t b !r fp �ei8 pp in .e. os Ax GO p N 8 !•PInpW • � • AGIr -6 N N �C �] n hult'g�i ¢ - I ..•e arc y E�b�Y t���g�r � o: d , OQ u t ..� _ca; .•.:new /� ��� - p•.1 Jp o _ W Oi A. • Hai F vin A. c �paln4. � . .•OI^p�6 — — — — — — — — — — — — — — — — — — - — p. oc .•.: j'e�Y a ,�� - .. A, e�•pE E 'k'ilie�iAp.•... ' i » »•a:wiup iOkn .pw L xii:A.{p l. Qm` e. .a. e�w•.. w:Aw:•.,y.:u .p w�..ws n "o =+:..0 •:w n � °w�.a.:rosm Vol. 204 Pe. 9� w o h � v O o� x a Z y O w a v c U Q > N O U Y D: 3 W a p B �m z w z a w � U Y 69�{ °we$:1FJi8S$� l=Ejf� §R § §8 =R�9 $& IS7RYil # =xxkii a e ♦€ IY lie F _Litt h1z afi 1 e #� a° a a II. qZ5 jig UP yyt s a� rg �8 ' &R8 f e W _d° �GE4 iZ+_ LL O i �€ a �♦ 8� a �•�'����_G ya �p�E �� a N ijai� y:i gE 6i gE1 .P a� r�{ Hli 6I . EbEgl�t b !r fp �ei8 pp in .e. os Ax GO p N 8 !•PInpW • � • AGIr -6 N N �C �] n hult'g�i ¢ - I ..•e arc y E�b�Y t���g�r � o: d , OQ u t ..� _ca; .•.:new /� ��� - p•.1 Jp o _ W Oi A. • Hai F vin A. c �paln4. � . .•OI^p�6 — — — — — — — — — — — — — — — — — — - — p. oc .•.: j'e�Y a ,�� - .. A, e�•pE E 'k'ilie�iAp.•... ' i » »•a:wiup iOkn .pw L xii:A.{p l. Qm` e. .a. e�w•.. w:Aw:•.,y.:u .p w�..ws n "o =+:..0 •:w n � °w�.a.:rosm Vol. 204 Pe. 9� w o h � v O o� x a Z y O w a v c U Q > N O U Y D: 3 W a p B �m z w z a w � U Y BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2013 -2014 BUDGET YEAR NO.13/14 38.1 -38.7 On this the 8th day of July 2014 at a regular meeting of the Commissioners' Court, 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: following THAT WHEREAS, on 8th day of July 20I4 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 necessityto meet unusual and which could not be reasonably included in the original budget adopted 10 September 2013, amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 8th day of July 2014. THE COMDHSSIONERS COURT OF BRAZOS COUNTY, TEXAS. By: u— Duane Peters, County udge Original: County Clerk's Office and Attached to the original budget Copies: County Auditor County Treasurer County Budget Officer Conunissioners' Court Minutes Vol. 204 Pg. " following 5 BRAZOS COUNTY. TEXAS BUDGETAMENDMENTS No. 13114 - 38.1 7/8/2014 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 23000200 61620000 CR Subscriptions & Publications 1 30.00 0100 23000200 61 1 10000 CR Conference & Seminars 1 334.00 0100 23000200 53100000 DR Social Security 27:00 0100 23000200 53800000 DR Workers Comp 300 0100 23000200 51641000 DR Visiting Judges 33400 I I I I I I I l I I I I I I I I I CCL #1- Judicial Support Reallocation of funds to support a visiting judge ex eases. Vol. 204 Pg. l© C) BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 13114.38.2 71812014 Vol. 204 Pg. /0 / m- ..1 '111 -m IiIll11- Reallocation of funds to the proper division for the acquisition of imate video visitation system. S 100,000 was mransferre 8072000. from 2800600- 91, ���° Vol. 204 Pg. /0 / Vol. 204 Pg. / ' BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 13/14.38.4 7/8/2014 FUND DIV I ACCT PROJ DR/CR1 ACCOUNT NAME Increase Decrease 4500 63000500 67281000 CR I Computer Hardware 1 229,633.65 4500 91110000 DR Transfer toCa ital Improvement Fund 229,683.65 4308 49015000 CR Transfer from Capital Projects 229,683.65 4308 63431000 80101003 CR Bldg. Renov- Courthouse 1 329,211.94 4308 63431000 67203000 DR Minor Computer Hardware 656.00 4308 63431000 67205000 DR Network Cost 3,635.06 4308 63431000 60500000 DR E ui ment & IT Enhancement 806.00 4308 63431000 65440000 DR Network Maintenance 10 058.50 4308 63431000 80203000 DR Com user- Hardware 543,740.03 I I I I I I I I I< I I Ca tal Projects and Jail Inmate Holdin Remodel I This budget amendment moves money to provide for the video visitation project. Due to the cancelation of the funding for the judicial software project and the need to account for this project accurately it has been determined that it is in the best interest of Brazos County to budget the entire cost of this project in FY 14. It is not expected that this project will be completed in FY14 and it is still anticipated that the contract will follow the milestones outlined in the approved contract. I f I I I I I I I I Vol. 204 Pg. 163 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 13114 - 38.5 7/812014 FUND DIV ACCT PROJ DRtCRl ACCOUNT NAME Increase Decrease 3000 424100 67342000 CR Furniture 1 100.00 3000 424100 67203000 CR Minor Computer Hardware 1 868.21 3000 424100 67211000 CR Software 2,000.00' 3000 424100 67281000 CR Equipment - Electronic 1,645.48 3000 424100 71502000 CR Rental - Facility I 3,000.00 3000 424100 71506000 CR Rental - Office Space i 2,432.00 3000 424100 60170000 CR Copier/Printer/Fax Supplies 1 1,000.00 3000 424100 60350000 CR Food & Food Supplements I 450.00 3000 424100 60500000 CR Equipment & IT Enhancements 1,500.00 3000 424100 60600000 CR Office Supplies I 1,000.001 3000 424100 60620000 CR Post a e ( 1,000.001 3000 424100 61500000 CR Printing ( 2,000.00 3000 424100 61620000 CR Subscriptions l 634.60 3000 424100 71117000 CR Internet Contracts I 637.00 3000 424100 61280000 CR Dues I 195.00 3000 1 424100 61110000 CR Conferences I 607.80 3000 424100 67286000 DR Equipment - Other 8,990.00 3000 424100 67670000 DR Printers 4,781.97 3000 424100 60360000 DR Furniture 5,298.12 I 1 I MPO I Reallocation of funds to the proper accounts to upport purchases for remainder of FY 14. I { I I I f I I I I Vol.-204 Pg. 0' --1 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 13114 - 38.6 Vol. 204 Pg. OJ Vol. 204 Pg. /G e Juvenile Approved in Commissioners' Court: County Judge's or Commissioner's (This Copy to be attached to minutes, Vol. 204 Pg. 16,17 PERSONNEL CHANGE OF STATUS REQUESTS i Commissioner Court Date: July 08, 2014 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Change Requests Department Submitting Request(s) Employee Request Applies To Action Requested ,I Brazos Center Brazil, Adam New Hire District Clerk Langley, Michelle Wesig, Michael New Hire Transfer with in Dept Expo Center Perez, Pilar Resignation i Juvenile Approved in Commissioners' Court: County Judge's or Commissioner's (This Copy to be attached to minutes, Vol. 204 Pg. 16,17