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HomeMy WebLinkAbout2014-09-02 10:00AM REGULAR MEETINGsxazoSCOUNTY BRYAN,TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON SEPTEMBER 2, 2014 AT 10:00 AM IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVE., SUITE 106, BRYAN, TX 77803 29 A 1 a 22 i�co 1. Invocation and Pledge of Allegiance - U.S. and Texas Flag - Chaplain G.H. Jones and Commissioner Cauley 2. Call for Citizen input and /or concerns. Consider and take action on agenda items 3 - 28: 3 Proclamation No 14-025 proclaiming the week of September 17 -23 2014 as Constitution Week. 4 Appointment of Central Count Staff for the November 4, 2014 General Election. La cita del Personal Central de Contada Para la Eieccion general el 4 de noviembre de 2014. 5. 5, Designation of the day of the week and the location for Commissioners Court to convene into Regular Session each week during FY 2015. 7. Sheriffs and Constables' fees to become effective January 1. 2015. g Proposed County holidays for the 2015 calendar year. 9. Consider and take action on reguestfrom Constable Pct. 4 to receive items from the Texas 1033 Surplus Property Program. 10. Authorization for Jeff Reeves Constable Pct 1 to submit and sign all necessary applications reporting and required filings for the 2015 NRA Foundation General Grant. Vol. 207 Pg. JO 1 1 . Authorization for Donald Lampo Constable Pct 2 to submit and sign all necessary applications. reporting and required filings for the 2015 NRA Foundation General Grant. 12. Approval of the following Job Descriptions: • a. Drug Court Defense Attorney (Class 8043) • b Temporary Attendant Building & Grounds (1040 hrs.). (Class 832. Position 4) • c Temporary Attendant Building 8 Grounds (1040 hrs ) (Class 832 Position 7) 13. Exemption and approval of agreement with William Agee and Associates for consulting services pursuant to statue 262.024. 14. Renewal of contract with Securus Technologies for inmate telephone services. 15. Supplemental Subscriber Agreement between Dallas Computer Services, Inc. (DCS) and the Brazos County Sheriffs Office. 16. Change order to purchase order #14002512 to LDF construction for an additional ten (10) days on the contract for Tax Office. 17, Ratification of purchase order #14003924 to AHI Enterprises in the amount of $700.00 for the purchase of copier printing supplies using JP Technology Funds 18, Ratification of purchase order 04003969 to Cholla Pavement in the amount of $25.780.90 to purchase fog seal for the Brazos Center parking lot 19. Consider and take action on the Halcon Resources utility permit to install temporary 10" aluminum 20. 21. 22. 23. Tax Refund Applications for the following: • a. HSBC Bank USA- overpayment4800.02 • b. Daniel Miller-overpayment-$62.51 • c. Cresside S. Clark-overpayment-$6.64 24. Budget Amendments. Budget Amendments FY 13/14 46.1. thru 46.9 25. Personnel Change of Status. Personnel Action Forms 26. Payment of Claims. 27. 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. 28. Consider and possible action on Executive Session. 29. Acknowledgement of the Order Determining Compensation of County Auditor and Assistant County Vol. 207 Pg. �� Auditors. 30. Acknowledgement of the order Determining Compensation of Court Reporters. 31. Acknowledgement of Investment Report for Quarter Endlna 6/30/14. 32. Sheriffs report on inmate population. 33. Announcement of interest items and possible future agenda topics. 34. Call for Citizen input and/or concerns. 35. Adjourn. Vol. 207 Pg. J9 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 Commissionary Court is a Constitutional Court, with both )udicial 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 Courts presence and /or racial, ethnic or gender slurs or epithets will not be tolerated. Violation of these rules may result in the following sanctions: 1, cancellation of a speaker's time; 2, removal from the Commissioners Court; 3. a Contempt Citation; and/or 4. such other and /or criminal sanctions as may be authorized under the Constitution, Statutes and Codes of the State of Texas. The County Commissioners Court can deliberate or take action only If a matter has been listed on an agenda property posted prior to the meeting. During the public comment period, speakers may address matters not listed on the published agenda. The Open Meeting taw 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 of 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) 3614102. ") Vol. 20 7 Pg. 1 � Ff i 4. O'F a�PryO BRAZOS COUNTY BRVAN,TEXAS MINUTES September 2, 2014 BRAZOS COUNTY COMMISSIONERS COURT REGULAR MEETING IS Signature Page.pdf 0 File Stamped Agenda. pdf 0 Sign in sheet.pdf A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Brazos County Commissioners Courtroom in the Administration Building, 200 South Texas Avenue, in Bryan, Brazos County, Texas, beginning at 10:00 a.m. on Tuesday, September 2, 2014 with the following members of the Court present: Duane Peters, County Judge, Presiding; Lloyd Wassermann, Commissioner of Precinct 1; Sammy Catalena, Commissioner of Precinct 2; Kenny Mallard, Commissioner of Precinct 3; Irma Cauley, Commissioner of Precinct 4; Karen McQueen, County Clerk. The attached sheets contain the names of the citizens and officials that were in attendance. Invocation and Pledge of Allegiance - U.S. and Texas Flag - Chaplain G.H. Jones and Commissioner Cauley 2. Call for Citizen input and /or concerns. The Sheriff addressed item number 13 on the agenda stating that it was a positive step hiring a consultant . The current jail software has been serving his department for 15 years and it hasn't served them very well. He hates that the AMCAD project didn't work Vol. 207 Pe. U-1 out but he asked the Court to remember the goal. He wants to caution them about keeping the focus solely on it being operational and on time. Consider and take action on agenda items 3 - 28: 3. Proclamation No. 14 -025 proclaiming the week of September 17 -23, 2014 as Constitution Week. e Item 3.odf The County Judge read aloud Proclamation #14 -025 designating the week of September 17 -23 as Constitution Week and urges our citizens to reaffirm the ideals which the framers of the constitution had in 1787 by vigilantly protecting the freedoms guaranteed to us through this guardian of our liberties, remembering that lost rights may never be regained and to express gratitude for the privilege of being an American in a Republic which functions under the oldest constitution still in active use today. Jane Ranck, representative of the Daughters of the American Revolution was present to receive the proclamation. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard. Peters, Wassermann . 4. Appointment of Central Count Staff for the November 4, 2014 General Election. 04 Item 4.0 La cita del Personal Central de Contada para la Eleccion general e14 de noviembre de 2014. The Court approved as submitted the names of the individuals recommended by the County Clerk to be appointed to serve on the Central Count Staff for the November 4, 2014 General Election conducted by the County. See attached list. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann. 5. Republican and Democratic appointment for Presiding Judge and Alternate Judge for a period of 1 year, ending on July 31, 2015. RE Item 5.1)df Cita republicanos y demdcratas para Juez Presidente y Magistrado suplente por un periodo de un ano, hasta el 31 de julio de 2015. The Court approved as submitted the list of Republican and Democratic appointments for Presiding Judge and Alternate Judge for a period of 1 year, ending July 21, 2015. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard , Peters, Wassermann . Designation of the day of the week and the location for Commissioners Court to convene into Regular Session each week during FY 2015. fit Item 6.0 The Court voted unanimously to designate Tuesday at 10:00 a.m. as the regular meeting of the Commissioners Court. The meeting will take place at 200 South Texas Avenue, Bryan, Texas 77803. Vol. 207 Pg. 3� Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann. 7. Sheriffs and Constables' fees to become effective January 1, 2015. IRZ Item 7.odf The next matter before the Court was the setting of the 2015 Sheriff s and Constables' Fees. Section 118.131 of Local Government Code, authorizes the Commissioners' Court of each County to set reasonable fees to be charged for certain services by the Office of Sheriff and Constable. The Court voted unanimously to retain the same fees set in 2012 to recoup the costs to Brazos County for these services. A copy is attached. The fees are to remain in effect until further orders of the Court. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann. 8. Proposed County holidays for the 2015 calendar year. E Item 8.0 The Court approved as submitted the following holidays for 2015: Thursday, January 1, 2015 - New Years Day Monday, January 19, 2015 - Martin Luther King, Jr. Holiday Friday, April 3, 2015 - Good Friday Monday, May 25, 2015 - Memorial Day Friday, July 3, 2015 - Independence Day Monday, September 7, 2015 - Labor Day Thursday & Friday, November 26 & 27, 2015 - Thanksgiving Thursday & Friday, December 24 & 25, 2015 - Christmas *One Day - Floating Holiday * Employee's choice; requires supervisor approval in advance. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . 9. Consider and take action on request from Constable, Pct. 4 to receive items from the Texas 1033 Surplus Property Program. M Item 9.odf The Court approved as submitted a request from Constable, Precinct 4 to receive items from the Texas 1033 Surplus Property Program. This would allow the office to receive weapons from the military that would otherwise be very expensive. A policy for use is already in place. A copy of the application is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by County Judge Duane Peters. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann. 10. Authorization for Jeff Reeves, Constable Pct. 1 to submit and sign all necessary applications, reporting, and required filings for the 2015 NRA Foundation General Grant. M Item 10.odf Vol. 207 Pg. The Court authorized Jeff Reeves, Constable Precinct 1 to submit and sign all necessary applications, reporting, and required filings for the 2015 NRA foundation General Grant. A copy is attached. Motion: Approve, Moved by Commissioner Lloyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard . Peters. Wassermann . 11. Authorization for Donald Lampo, Constable Pct. 2 to submit and sign all necessary applications, reporting, and required filings for the 2015 NRA Foundation General Grant. 0 Item 11.0 The Court authorized Donald Lampo, Constable Precinct 2 to submit and sign all necessary applications, reporting, and required filings for the 2015 NRA foundation General Grant. A copy is attached. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . 12. Approval of the following Job Descriptions: 9£ Item 12.odf • a. Drug Court Defense Attorney (Class 8043) • b. Temporary Attendant, Building & Grounds (1040 hrs.), (Class 832, Position 4) • c. Temporary Attendant, Building & Grounds (1040 hrs.), (Class 832, Position 7) Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena Cauley, Mallard, Peters, Wassermann. 13. Exemption and approval of agreement with William Agee and Associates for consulting services pursuant to statue 262.024. 9t Item 13.0 f The Court approved as submitted an exemption from competitive bidding and approval of agreement with William Agee and Associates for consulting services to assist in the project management for the solicitation, procurement, award, installation and deployment of a new Justice Software program at their operations, jail and courthouse and or other locations as specified by the project owner. Commissioner Mallard informed the Court that he voted "No" only because there was no insurance clause in the contract. He is not against the consultant personally. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 4 -1. Members voting Aye: Catalena, Cauley, Peters, Wassermann. Members voting Nay: Mallard . 14. Renewal of contract with Securus Technologies for inmate telephone services. 12 Item 14.odf The Court approved as submitted the renewal of bid contract #2014 -74R Inmate Telephone Service. All terms, conditions and pricing shall remain the same. Motion: Approve Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters, Wassermann . Vol. 207 Pg. 15. Supplemental Subscriber Agreement between Dallas Computer Services, Inc. (DCS) and the Brazos County Sheriffs Office. fL Item 15.odf The Court approved as submitted the Supplemental Subscriber Agreement between Dallas Computer Services, Inc. (DCS) and the Brazos County Sheriffs Office that includes specific access security requirements to access to the credit header reports Brazos County obtains from DCS. A copy of the Agreement is attached. Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by County Judge Duane Peters. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann. 16. Change order to purchase order #14002512 to LDF construction for an additional ten (10) days on the contract for Tax Office. U Item 16.0 There is no change to the contract amount. A copy is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by County Judge Duane Peters. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters Wassermann. 17. Ratification of purchase order #14003924 to AHI Enterprises in the amount of $700.00 for the purchase of copier printing supplies using JP Technology Funds. Item 17.0 Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena Cauley, Mallard, Peters, Wassermann . 18. Ratification of purchase order #14003969 to Cholla Pavement in the amount of $25,780.90 to purchase fog seal for the Brazos Center parking lot. r- Item 18.odf Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . 19. Consider and take action on the Halcon Resources utility permit to install temporary 10" aluminum water line along the right -of -way of Coyote Run. Project will provide water to oil well. Site is located in Precinct 2. Item 19.0 Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena , Cauley Mallard , Peters, Wassermann . 20. Consider and take action on the Halcon Resources utility permit to install temporary 10" aluminum water line within and along the right -of -way of Dilly Shaw Tap Road. Project will provide water to oil well. Site is located in Precinct 2. E Item 20.odf Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . Vol. 207 Pg. 'W 21. Request permission to enter private property owned by William Klemm located on Grassbur Road. Project will repair erosion near bridge. Area will be filled and graded before rip -rap material is place to control erosion. Site is located in Precinct 2. U Item 21.0 Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena , Cauley Mallard , Peters , Wassermann . 22. Consider and take action on the Wickson Creek S.U.D. utility permit to construct road bore under Dilly Shaw Tap Road. This project will provide water service to customer at address #4897. Site is located in Precinct 2. LI°'_ Item 22.ndf Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard. Peters. Wassermann . 23. Tax Refund Applications for the following: IT Item 23.odf • a. HSBC Bank, USA - overpayment - $800.02 • b. Daniel Miller- overpayment - $52.51 • c. Cresside S. Clark- overpayment -$6.64 Motion: Approve, Moved by Commissioner Lloyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard . Peters. Wassermann . 24. Budget Amendments. Budget Amendments FY 13/14 46.1 thru 46.9 M Item 24.odf Commissioner Catalena made a motion to approve the budget amendements with the exception of 46.1 because it was no longer needed. 46.1 Transfer funds from Debt Service to the Expo - Not Approved 46.2 Reallocate funds for Sheriff - Administration 46.3 Reallocate funds for Juvenile Service - Detention 46.4 Transfer funds from 361 st District Court to Facility Services 46.5 Transfer funds from General Fund Contingency to the Jail 46.6 Transfer funds from General Fund Contingency to the Brazos Center 46.7 Transfer funds from General Fund Contingency to the Expo 46.8 Reallocate funds for Justice of the Peace, Precinct 2, Place 2 46.9 Transfer funds from IT to SO Administration to correct a clerical error Motion: Approve w/ Conditions, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . 25. Personnel Change of Status. Personnel Action Forms Vol. 207 Pg. _ZAl R` Item 25.pdf A copy of the Personnel Change of Status requests is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena , Cauley, , Mallard , Peters. Wassermann. 26. Payment of Claims. Claims Sheet.pdf U BILL LIST 09.02.14.1)df 7124885 through 7125071 27. 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 29 through 34 then return to convene into Executive Session to consult with attorney about 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 10:38 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 Ian Soares, Information Technology 28. Consider and possible action on Executive Session. At 10:52 a.m. the County Judge announced the meeting open to the public and announced that no action would be taken on the Closed Executive Session. 29. Acknowledgement of the Order Determining Compensation of County Auditor and Assistant County Auditors. IM Item 29.pdf The Court acknowledged receipt of the Order Determining Compensation of the County Auditor and Assistant County Auditors and ordered it made a part of the minutes. 30. Acknowledgement of the Order Determining Compensation of Court Reporters. P Item 30.pdf The Court acknowledged receipt of the Order Determining Compensation of the Court Reporters and ordered it made a part of the minutes. 31. Acknowledgement of Investment Report for Quarter Ending 6/30/14. OL Item 31.pdf The Court acknowledged receipt of the Investment Report for Quarter Ending June 30, 2014. A copy is attached and made a part of these minutes. 32. Sheriffs report on inmate population. Vol. 207 Pg. X0/0 Sheriff Chris Kirk stated there were 671 inmates in jail, 51 have electronic monitors and 6 are pending for monitors. 33. Announcement of interest items and possible future agenda topics. Allan Munger, County Engineer spoke to the Court on there being a "Hole" in the regulations on RV Parks and he would like to have permission to draw up regulations on the orderly development of RV Parks in a manner that will provide for the health and safety of the RV Park residents and neighboring residents. . The County Judge announced that the second public hearing on the proposed tax rate would be held at 2:00 p.m. today. He also announced that there is a public hearing on a replat request scheduled at 10:30 a.m. today. This hearing will be held immediately after the regular Commissioners Court meeting concludes. Maggie See announced that there would be a blood drive on Thursday, September 4, beginning at 10:00 a.m. and asked people to sign up to give. 34, Call for Citizen input and /or concerns. There was no citizen's input. 35. Adjourn. Vol. 207 Pg. ,?511 The foregoing minutes of the Commissioners Court meeting held September 2, 2014 have been examined and are approved in open Court this — Ic day of oi!Jt t A _, 2014, in Bryan, Brazos County, Texas. County Judge Commissioner, Precinct 1 Precinct 2 Irma Cauley Commissioner, Attest: n . County Clerk Kenny Mallard Commissioner, P cinct 3 Vol. 207 PLY..�s�� COMMISSIONERS COURT MEETING Date and Time N�apme�/ qu,- ct,— �t j � ,� I Vol. 207 Pg. CIS Organization/ Department l�C 5 r �0 is �t-1ci Gj� / maw, i r / 1 OVA- Page of COMMISSIONERS COURT MEETING ,Z 0/10/y Al Ric Date and Time Name mWoo S CwcS'd q \94 MKW5 WOO Organization/ Department GT ?, r A(A a O �2 Vol. 207 Pg. .�9y(/ 4k, Page Hof 3 COMMISSIONERS COURT MEETING Date and Time Name (J,(-A &O,Cw-t �Ftx, S o -1.-pltc Vol. 207 Pg. Aq'91- /f , 00 Organization/ Department �l 1z7M Ll)/ g: o42 /14 VAA Page 3 of 3 WHEREAS WHEREAS WHEREAS Proclamation Constitution Week September 17, 2014 marks the two hundred twenty- seventh (227") anniversary of the drafting of the Constitution for the United States of America by the Constitutional Convention; and It is fitting and proper to accord official recognition to this magnificent document and its memorable anniversary, and to the patriotic celebrations which will commemorate the occasion; and Public Law 915 guarantees the issuing of a proclamation each year by the President of the United States of America designating September 17 -23 as Constitution Week. NOW, THEREFORE, BE IT PROCLAIMED that the Brazos County Commissioners Court does hereby proclaim the week of September 17 -23, 2014 as Constitution Week AND urges our citizens to reaffirm the ideals which the Framers of the Constitution had in 1787 by vigilantly protecting the freedoms guaranteed to us through this guardian of our liberties, remembering that lost rights may never be regained, and to express gratitude for the privilege of being an American in a Republic which functions under the oldest Constitution still in active use today. PROCLAIMED this 2°" day of Se em r, 2014. Duane Pete County Judge C ComrdAsioner Lloyd Wassermann Precinct 1 CommissiS#r Kenny fa lard Precinct 3 14 -025 Vol. 207 Pe. -�4 3 Prtac W by S.Mvy of sun Se unu 71.002 (d), V.TC.A. Election Code 1186 CI Appointment of Central Count Staff (La cita del Personal Central de Contado) 1, Karen McQueen, County Clerk of Brazos County do hereby recommend the following persons be appointed for the November 4, 2014 General Election conducted by the county. (Yo, Karen McQueen, Escribiente del Condado de Brazos, recomiendo por este medio que a las personas siguienres sean designadas para la Eleccidn general, conducida por el condado, el 4 de noviembre de 2014.) Name Early Votina Bob Davis Ballot Board: (Junta de boleta de Susan Miller votacidn adelantada) Position Judge Republican (Juez) (Republicano) Alternate Judge Democratic (Alterno Juez) (Demderata) Central Counting Darlene Nichols Manager Station: (Administrador) . (Estacidn central de Bob Davis Judge Republican escrutinio) (Juez) (Republicano) Susan Miller Alternate Judge Democratic (Alterno Juez) (Demderata) Tabulators: Cray Crouse Tabulation Supervisor (Supervisor de la Tabulacidn) (Tabulador) Tracy Price Assistant Tabulator (Ayudame del Tabulador) Issued this the c day of September 2014 (Emitado este dia ird de septlembre de 2014 pprove -- Duane Peters, Brazos County Judge (Juez del Condado de Brazos) Vol. 207 Pg. I�W� I OPreseribed by Secretary of State Section 32.002 (d), V T.C.A., Election Code 8107 1, Karen McQueen, Comity Clerk of Brazos County do hereby submit the following persons for appointment as presiding judge and alternate judge for elections conducted by the county as required upon receipt of timely list(s) submitted by the appropriate political patty chairs or as recommended by me if no list(s) were submitted timely by party chairs. The appointment will be a 1 year term, ending on July 31, 2015. Yo, Karen McQueen. Escribiente del Candado, del condado de Brazos someto por este medio para nombror Jas personas siguientes coma Juez de presidencia y jaez aleerno par alas elections conducidas por el condado como requendo, segtin el recibo de Jas listar cportunas sometidw por las sillos politicos opropladas del partido o segdn to recomendado por mi si no hay Ustas oportunas sometidas al /ado de Jas sillas del partido. Lo cim sera un to mino de 1 a8o, terminando el 31 de Julio de 2015. Precinct No. No. del mcinto Presiding Judge Juez de presidemin Alternate Judge Juez alterno 1 Thaddeus Adams •R* Verna Mathis •D' 3/23 Nathan Cook *R" Harold Eaton •D* 4/18/79/43 Shirley Carter *D* Tori Ellis *R• 5149/60/61137 M;rilyn Moore *D* 6 Corbel Perkins *D* 7 Lola Peterson *R* Helen Wager *D* B Pattie Wells *R* Jack Miller *D* 9 Terri Stewart *R* Raul Castillo *D* 11/21/22 Arthur Pinto *R* Bobby Slovak *D* 12 Diana Davis *R' Susan Spears -D I 13/52 Nicholas Hernandez *R* Princess Jones *D* 14157 Jesse Osti uin *D" Joe Moreno "R* 15 Debbie Pi *R' Richard Griffin *D* 16 Barry Clar *D* Robert Bruce *R* 17 Murrey Bennett *R* Paul Peterson *D* 19/30/47/46/77 Bernice Wsrd'R' BobbieNewton"D* 20 Boyd C 'R' Bob Presley *D• 24/53/58 Raul Pericles *R• Jackie Girouard *D* 25 /62164 /81 Denise Rav *D' Ron Treat "R* 27142/56 Clyde Goen *R• Wesley James *D• 28/68 Michael Cohen OR' Mary Lin Howell *D* 29 Ruby Ellis *D* 31 Al Postelwait OR' Jean Can elose *D* 33/79149172 Andre Steen *D* Donald Trace 'R* 34 Thomas *R' Joe Callaway *D* 35 Pinky Brauer *R* Charles Fraser "D• 36 E.J Bisku *R* Oscar Chavarria *D* 38 Barbara Cooper *D* Clyde Goen'R" 39 Bill Edison *R* Gene Charleton *D* 40 Peter Grandican *R* Paul Parrish *D" 41159 Dixie Trace 'R* Brian Bochner •D* 45/78/44 George McDonald 'R' L yon Krue er •D* 6326 Marla Calvin *R" B Bauerschl 'D* 652/50/51171/32182 /83/69 1 Iassiter'R* Tina Hanna *D' 70/67 1 Arlene Candia *R* Ann Weaver Hart *D* 86110- Doris Milam •R• I Terri Miller 'D* Vo1.207 Pg.gS�d" Issued this the r da of September 2014. Emitado este dia dejopiembre de 1014. APtt: ane Peters, Brazos Comty Ju ge An del Condado de Bravos Vol. 207 Pg. �5� %. 71 t BRAZOS COUNTY BRYAN, TEXAS Whereas, Subchapter F, §118. 131 of the Local Government Code, authorizes the Commissioners' Court of each County to set reasonable fees to be charged for certain services by the office of Sheriff and Constable; and Whereas, the Brazos County Commissioners' Court has determined the fees listed below are required to recoup the costs to Brazos County for the services; Therefore, the Commissioners' Court is of the opinion that the following fees are reasonable and should be established for these services in Brazos County effective January 1, 2012, and to remain in effect until further orders of the court. These fen will be for the District Courts County Courts Justice of the Peace Courts and Small Claims COurtS NOTICES: SUBPOENAS SUMMONS WRIT OF ATTACHMENT WRIT OF GAILNISHMENT WRIT OF SEQUESTRATION ORDER OF SALE WRIT OF POSSESSION FORCIBLE DETAINER SERVICE FEES: SMALL CLAIMS CITATION JUSTICE COURT CITATION ALL OTHER COURTS' CITATIONS $70.00 $70.00 $125.00 $125.00 $125.00 $125.00 $125.00 (Plus S3S(x per deputy after 2M) $100.00 S70.00 $70.00 570.00 OTHER SERVICE FEES: ALL CITATIONS $70.00 ALL WRITS $125.00 (Unless fee mandawd by suu) POSTING OF PUBLIC NOTICE OF SALES $30.00 (Each Location) PRECEPTS $70.00 SHOW CAUSE $70.00 EXECUTING A DEED FOR REAL PROPERTY $70.00 EXECUTING A BILL OF SALE FOR REAL PROPERTY $70.00 RESTRAINING ORDER $125.00 DISTRESS WARRANT $125.00 TURNOVER ORDER WITH EXECUTION $125.00 COMMITMENT (FROM CIVIL SUITS) $125.00 CITATION/TEMPORARY PROTECTIVE ORDER $30.00 NOTICE OF APPLICATION/ PROTECTIVE ORDER $30.00 JUDGEMENT NISI $20.00 Vol. 207 Po- Brazos County Smkc Fm Page 2 ESTRAY FEES: LIVESTOCK COLLECTION FEE, per head $25.00 IMPOUNDMENT FEE $150.00 BOARDING & FEEDING Per day, small animal (sheep, goat, swine) $6.00 Per day, large animal (cattle, horse, mule, donkey) $10.00 SERVICE CON 3USSION FOR EXECUTIONS AND ORDER OF SALE: FOR ALL SUMS $04200 ................. ............................10% FOR ALL SUMS $ 200 -$ 1000 ............. .............................6% FOR ALL SUMS $ 1000 -$ 5000 ........... .............................3% FOR ALL SUMS 55000- UP .............. .............................2% (NOT TO EXCEED $500) First $200 a fee of 10%, and additional 6% for the next $800, and additional 31/6 for the next $4,000 and an additional 2% for any amounts over $5,000. If the above stuns are collected without sale, one -half (1 (2) of the foregoing rates shall apply. PPR uane Peters *W County Judge Vol. 207 Pg. TEXAS 1033 SURPLUS PROPERTY PROGRAM APPLICATION LETTER. TO: Texas Department of Public Safety ATTN: Texas 1033 Program 5805 N. Lamar Blvd. BLDG G Austin, TAX 78752 (1 /1 AGENCY: Vf Cjl�Os `sJ' EL L3MNZaI3v SUBJECT: Request Authorization for Screening and Receiving Surplus Property 1. Our Agency request that the personnel listed on the attached Law Enforcement Agency (LEA) Data Sheet be granted authorization to screen for and receive excess federal property as defined in the Defense Authorization Act, 1997, Public Law 104 -181 Section 1033, Transfer of Excess Personal Property. 2. We, the undersigned, understand and agree that failure to comply with the terms of this application is in direct conflict with the intent of this program, and failure on our agency's part to abide by the terms and conditions of the Texas 1033 Program may result in termination from the program and other sanctions including civil or criminal prosecution. 3. We understand and agree that we are responsible for all transportation costs incident to the redistribution or collection of any transferred property. Transferred property must be removed from the Defense Reutilization and Marketing Offices (DRMO) within fourteen (14) days or sooner if so directed by the DRMO. Failure to claim and remove property may result in the redistribution of the property to another agency. 4. We understand and agree that this property is transferred from the Department of Defense (DoD). Transferred property must have a direct application to the LEA's street law enforcement, arrest and apprehension mission. Transferred Property may not be disposed of, battered or transf S. We understand and acknowledge that at no time can transferred aircraft or weapons be sold. Additionally, assigned aircraft or weapons cannot be disposed of, bartered or transferred without written consent from the Texas 1033 Program, Failure to comply will result in eternal termination from the program and possible civil or criminal prosecution. 6. We have read and understand, in its entirety, the Texas Military Surplus Property and Procurement Program booklet. We understand and agree to comply with the terms and conditions of the Texas 1033 Program and have signed the Release of Liability Statement. 7. We understand that the Federal Freedom of Information Act and the Texas Open Records Act apply to all property received under the Texas 1033 Program. Tx 1033 Form A2 SEPT 2012 Vol. 207 Pg. Iof2 g, We understand and agree that our, authorization.toscreen and receive,property expire s`on year -from the Law Enforcement Support Office (LESO) uuthorization;letterdate. We_also, understand l rte it is our resgornibilityto aobmiha nev Texas 1033 Pro gram onlicati000acke each year orior toahaonevearanniversarv,91our Authorization1ater andlor when, there hre,; administration chaaaec and a new LEA Data,Sheet when ther e are any personnel cbangesrFai to comply may result in suspension from the program and possible termination: 9. We understand that the inventory farts (TX 1033 Form Ab) will be completed and maintained for all transferred property. Additionally, we acknowl 'e'dge [list the "inventory form 10. We understand that if a vehicle is obtained through the Texas 1033 Program, the LEA will Forward photocopies of both (1) the United States Govemmem Certificate to Obtain Title to a Vehicle (SF 97); and (2) the Texas Certificate of Title (Form 30-C) to the Texas 1033 Program Office within thirty (1``30) days of receipt. =Oagi% Bu �llbr AGENCY CHIEF EXECUTIVE OFFICIAL'; Signature Date, Name I Title RIZED L =: Signature ta, pI1.Y" JUA.R., Name I Title Agency Chief Executive Official — Chief of Police or County Sheriff 2 Authorized Official — County Judge, Mayor, orCiry Manager /Administrator, UniversitylCollege President or Director. TX 1033 Form A2 SEPT 2012 2 of 2 Vol. 207 Piz..Y%3 AGENCY: TEXAS 1033 SURPLUS PROPERTY PROGRAM RELEASE OF LIABILITY .4 ?Doo<b-�- City I County , Texas The Texas Law Enforcement Agency (LEA) designated above acknowledges receipt of excess property from the Department of Defense pursuant to Section 1033 of the National Defense Authorization Act for Federal Fiscal Year 1997 (the "Act "). Such excess property transferred pursuant to the Act may include small arms and ammunition (hereinafter referred collectively as the "Transferred Property "). The LEA acknowledges that the Transferred Property is considered excess to the needs of the Department of Defense and that the Transferred Property may be in any condition from new to unserviceable. The LEA acknowledges that there may be hazards associated with the use of the Transferred Property, which could cause damage to property and serious injury or death. The term "use" with respect to the Transferred Property is acknowledged to include, but is not limited to, active deployment, passive transportation, and mere possession. The LEA agrees to provide appropriate or adequate training to any person who may use the property. The LEA agrees that it IS NOT the responsibility of the Department of Defense, the State of Texas, or the Texas Department of Public Safety to provide appropriate or adequate training to any person using the Transferred Property. The Department of Defense, the State of Texas nor the Texas Department of Public Safety assumes any liability for damages or injuries to any person or property arising from the use the Transferred Property. By signing this agreement, the LEA agrees, subject to the appropriation of sufficient funds, to be solely responsible for any and all suits, actions, demands or claims of any nature arising from its use of the Transferred Property. The LEA agrees to maintain, at its expense, adequate liability and property damage insurance and workman's compensation insurance to cover any such claims. The LEA accepts Transferred Property "as is" with no warranty of any kind. The Department of Defense, the State of Texas nor the Texas Department of Public Safety make any claims or warranties, expressed or implied, concerning the Transferred Property, including but not limited to warranty of fitness for a particular purpose. The LEA acknowledges that any item of the Transferred Property meeting the definition of "machine gun" found in 26 U.S. C. 584(b)+ must be registered with the Bureau of Alcohol, Tobacco, and Firearms (BATF) with an ATF Form -10 (Application for Registration of Firearm Acquired by Certain Governmental Entities). Upon receipt of a properly executed Form -10, ATF will accept the registration of the machine gun and notify the LEA. Any machine gun registered in this manner is restricted for law enforcement use only. The LEA agrees to provide the State Coordinator's Office a copy of an approved Form -l0 for each machine gun that is part of any Transferred Property received. The LEA must execute a separate transfer agreement with the United States Army, through the 1033 Program, for any small arms /weapons. The LEA acknowledges that it is solely responsible for any and all costs associated with the transferred Property, including but not limited to, packing, crating, handling, transportation, repossession, and disposal TX 1033 Form At JUNE 2007 Vol. 207 Pg. "'J .2' I of 2 ,from,the State Coordinator's Office`and:inraceordance;with looalsstate,&dcml laws ,and,the nguladonsand guidelines of thes1033 Progitiitiipicscribed :by;*%Law,Enforcement $uppprt ,':Office. .qThe LEA specifically acknowledges that the, preceding rule includes, but is not limited to the transfer, destruction or abandonment of any Transferred Property constituting small arms/weapons and weapons parts. Subject to the conditions set forth herein; fide to the Transferred Property is assumed by the LEA upon written acceptance hereof from the LEA. By signing below, the Agency Chief Executive Official and the Authorized Official acknowledge and understand all previously stated guidelines and conditions. AGENCY CHIEF EXECUTIVE OFFICIAL': Signature `S- 5c�ac.�vti�er,�y �t�bte Name/Title • Date Date * The National Firearms Act, 26 U.S,C. section 5801 et seq., defines a firearm to include machine gun. 26 U.S.C: Section 5845 {a)(6). That same act, defines a machinegun as follows: The term "machine gun° means any weapon which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger. The term shall also include the frame or receiver of any such weapon, any combination of parts designed and intended, for use in converting a weapon into a machine gun, and any combination of parts from'which'a machine gun can be assembled if such parts are in the possession or under the control of a person: Agency Chief Executive Official— Chief of Police or County Sheriff Authorized Official — County Judie. Mayor, or City Manager/Administrator, University/College President or Director. TX 1033 Form A3 SEPT 2012 - - 2 of 2 Vol. 207 Pg. �?�✓ LAW ENFORCEMENT AGENCY (LEA) APPLICATION FOR PARTTCIPATTON •T his applivation must be up lit" and msuhmitlW within 30 JqN of any changes or on an annual basis NF.W® _ UPDATFQ SCR FEN FR 11) (Update Only): AGENCY: F..)I �- PHYSICALADDRRSS(No P.O. A� . 4 MAILING ADDRESS (If difrerent then above): iX U1 Q Nr • U%.Lcsr rv" vz`^ ` r"+'• • 0TY: fJf�AiI✓I _ y_ STATE: T7.. EMAIL: tUV'%��✓'�C��tl.+4li1I PHONR: p 1 y \ SkqI' kka14,,-7 FAX:Tl'�, aA Ltaoo NUMBER OF COMPENSATED OFFICERS WITH ARREST AND APPREHENSION AUTHORITY FULL: TIME: PART•TIMF: RF.SRRVF: SCREENER(S) POC: MUST HAVE AT LEAST ONE 4MAIN POC: Designated POC for calls and emuJs on 1033 Pr igrum requests add properly pickup SCRFFNF.R/MAIN POC: SCREF.NF.R/POC #2:l.� SCRF.FNRR/POC #3: SCRF.FNF.RIPOC #4: WEAPON POC (Optional):. AIRCRAPI POC(Opdunal): INVENTORY CHECK r All, Dues the Agency currently have any cquipmmt from the 121`1911033 PrabRam9 YES O NO AKI wPAT'ONR- VF_gO NOO AIRCRAM YASO N00 WATF.RCRAF'T VSO NOO YACRCA YE NUO o rlihRCUN3ROLLl1 LI ): YSO NUO DLM A: AY1YLISOlyI -WO 'Ry sign Ing Ihls application, the Ch ter Execs itve ORidaUHmd or Agency (Local Picid Office) Is own re of 1208/1033 Properly currently In the possdsslon of their department. *Upon acceptance Into file 1033 Progrom, I understand thnt I have 30 days to famRinrhe myself with the Slate Plan of Operation and nil 10.1.3 Program guidance flint Is provided by the State Coordinator and flint by signing, 1 certify that nil Information contained above is valid and nceumtc. (., F�.C"Cte ��. DATE: CIIIEF EXECUTR'E OFFICIAL!: � � HEAD OF LOCAL ACRNCV PRINTED NAn SUMNI'UltL STATE COORDINATOR: Sky(ar Heem DATE: (NOT RROUIRP.O FOR FF.DF.RAL) PAI.N1'IDNANW SIUN6fuxL Vol. 207 Pg. . ,. TEXAS 1033 SURPLUS PROPERTY PROGRAM SUPPLEMENTAL DATA SHEET Date: q Agency: ef'��-^�pC�c-)!tj L.la(�"� jcjC' Lk Phone: t5_I 'sa Mtcrnate Phone: �• `fit Fox: Fql®- N Webshe (if applicable): Screene r # 1: L�Y�4i G�p� ZSQSI C F�1 CC1�, ?J . t bA ! P( �r quo Scrcener #2: Screener43; RAVE) NA6n1 a L-MAIL AUUfteSY Screenerf4: RANK INI-WE ( FAIATL AnnRASR Weapons Ofticer. RANX l AtWE t F. -AfATL ADDRF_SS AG9WCY CIIIE Ts OFFICIAL' Signature: Tame: Alit, butler ,•$f• Title: (.Ad1 SNij0\e Email;1 ��1e1��DrOC,a w�t� f L^(' gp li AUT O IZE OFFICIAL Signature: Name: �I1lL'LP. Title: M�ncI L y Email: PiSI��L .JBS��+,�iti)rN' qO V ' Agency Chief Executive Official - Chicfof Police or County Shcriff. t Authorized Official - County Judge, Mayor, or City Manager/Administrator, University /College President or Director. TX 1033 Fenn AI JUN P. 21)(17 Vol. 207 Pg. -Z -, '' STATE OF TEXAS 1033 PROGRAM PLANS, POLICIEES AND PROCEDURES PURPOSE: The purpose of this document is to set forth the terms and conditions which will be binding on the parties with respect to excess Department of Defense (DOD) personal property which is transferred pursuant to d0 U.S.C. §2576a and to promote the efficient and expeditious transfer of the property. AUTHORITY: The Secretary of Defense is authorized by 10 U.S.C. §2576a to transfer to Federal and State Agencies, personal property that is excess to the needs of the DOD and that the Secretary determines is suitable to be used by such agencies in law enforcement activities, with emphasis on counterdrug/counterterrorism activities, under such terms prescribed by the Secretary. The authorities granted to the Secretary of Defense have been delegated to the Defense Logistics Agency (DLA). STAFFING AND FACILITIES: By authority of the State Governor, the Assistant Director over the Law Enforcement Support Division of the Texas Department of Public Safety is the Texas 1033 Program State Coordinator. The State Coordinator appoints the State Points of Contact (SPOCs) to administer the daily operation of the 1033 Program. TERMS AND CONDITIONS: • Law Enforcement Agency (LEA) Eligibility Criteria: Must be a 'Yaw enforcement activity" whose primary function is enforcement of applicable Federal, State and local laws as defined by the DLA regulation (this is referring to DLA Directive (DLAD) 4160.10 which will be superseded by the One Book) and whose compensated officers have powers of arrest and apprehension. How to Enroll in the Stale 1033 Program: LEA must request enrollment via their State Coordinator. LEAs must provide a completed application packet to their State Coordinator. NOTE: Upon request of the Law Enforcement Support Office (LESO), a mission statement will need to be provided along with the datasheet. If the enrollment request is approved by the State Coordinator, it will be forwarded to the LESO. If approved by LESO, the State Coordinator will be contacted and provided with a LEA screener's authorization memo (Authorization Letter for Property Screening and Receiving). Once enrolled, the LEA must acknowledge receipt of the memorandum of understanding (MOU) with the State Coordinator agreeing to the terms and conditions of the 1033 Program. As soon as an agency is property enrolled, automations screening maybe conducted through the Defense Reutilization and Marketing Office (DRMO) website. The State Coordinator's office must provide the LEA with their login identification number for this application. • LEA Screener Criteria: Must be full -time and/or part-time, sworn and/or non -sworn officers assigned to the LEA performing this duty. LEAs are allowed a maximum of four (4) screeners TX1033SPO Page t of 9 SEPT2012 Vol. 20 Pg. <'S � per agency. A maximum of two (2) of the authorized screeners may physically screen at any DRMO at one time. Identification /Acquisitiomlransportation or Property: LEAs find needed property electronically through the Defense Reutifization and Marketing Service (DRMS) websile: www.drms.dla.mil or by physically visiting the nearest DRMO. Once property has been identified, LEAs submit a manual or electronic DRMS Form 103 to the State Coordinator. The State Coordinator approves/disapproves the request. If approved, it is sent to the LESO. If approved it goes to Military Standard Requisitioning and Issue Procedures (MILSTRIP) or a manual DD Form 1348 is sent to the State Coordinator. It is the responsibility of the State/LEA to transport requested property from the DRMOs to their location. DLA will not fund the transportation cost. • Storage of Property: Unless the State is authorized as a distribution center, it will be the gaining LEA responsibility to store property received through the 1033 Program. Distribution centers should only hold property for their specific customers not more than 90 days. After that date, disposition, should be requested, in writing, from the LESO, via their State Coordinator. • Distribution of Property: LESO will approve property request in the following priority: counterdrug/counterterrorism'and then any other law enforcement activities. • Security of Property: It is the responsibility of the gaining State/LEA to safeguard all property received through the 1033 Program. Should any property become lost due to theft, destruction or unauthorized saleldisposal, this information must be forwarded to the State Coordinator within seven (7) working days after the incident. The State Coordinator will contact the LESO for additional guidance. • Accountability of Property: Each LEA and the State must maintain records for all property acquired through the 1033 Program. These records must provide an "audit trail" for individual items of property from receipt to distribution. These documents include but are not limited to the following: DRMS Form 103 with all justifications or printouts of automated requests, DD Form 1348 (receipt and turn -in). all disposal and transfer paperwork; approved Bureau of Alcohol, Tobacco and Firearms (ATF) Farm 10s, Certificate of Aircraft Registration (AC Form 8050.3), Aircraft Registration Application (AC -Form 8050 -1), and any pertinent paperwork through the LESO. The records maintained must also satisfy any and all pertinent requirements under its applicable State statutes and regulations for the program and this property. • Establish Inactive File: As of October 1, 2003, the LESO will institute a five (5) year file retention policy. This policy will state that LESO will maintain active files for two (2) years and inactive files for three (3) years. After five years, the files are destroyed with the exception of DEMIL code B through Q, sensitive items and $20,000 or more high dollar items. • Utilization of Property: Property received through the 1033 Program must be placed into use within one (I) year of receipt and utilized for a minimum of one (1) year, unless the condition renders it unusable. If property is not placed in use within one (1) year of receipt, it must be TX1033SPO - Page 2of9 SEPP_012 Vol. 207 Pg. transferred to another authorized agency, or returned to a DRMO. Property retums/tum -ins must be coordinated through the applicable State Coordinator and LESO. • State Compliance Reviews: The State Points of Contact will inspect ai a minimam 10% of the active agencies to ensure property accountability and proper use of equipment. All law enforcement agencies maintaining sensitive property will submit a written accountability statement detailing property type and serial numbers on the anniversary date of their Authorization Letter for the program. • Transfer of Property: LEAs must coordinate, in writing, transfer of 1033 property through their State Coordinator. The State Coordinator will request final approval from the LESO. Property may be transferred within the State or between States as long as it is properly coordinated with the State Coordinator and LESO. If approved a "LESO transfer approval memo" will be sent to the State Coordinator. For more information regarding these items, view the following links: Defense Demilitarization and Trade Security Controls (TSC) Program www.dcmit.nsd.mi( Military Critical Technologies List www.dtic.mil /mcd Critical Federal Supply Class (FSC) and Buzz words www.drms.dia-mit/drn%o/inttrnat/demil/CriticalBunKeyPt.Rd i Flight Safety Critical Aircraft Parts (FSCAP) www.druip.dla.inil/drnia/internal/demil/FSCAP,pdf • Disposal of Property: LEAs must request approval, in writing, from their State Coordinator before any 1033 property is disposed. The State Coordinator will request final approval from the LESO. If approved a "LESO disposal approval memo' will be sent to the State Coordinator. Only DEMIL codes A, B and Q may be approved for disposal. Items with DEMIL codes of C, D, E, F, G and P must be transferred to an authorized agency or must be returned to a DRMO when no longer needed. Costs incurred for transfers, disposals or turn -ins will be bome by the State/LEA. • DEMIL code A: does not require demilitarization and may be disposed after obtaining State Coordinator and LESO approval. • DEMIL code B: does not require demilitarization and may be disposed or returned to a DRMO. If disposed, it must be in accordance with TSC (see DOD 4160.2) -M, Defense Material Disposition Manual; DOD 4160.21 -M -1. Defense Demilitarization Manual; DRMS -I 4160.14, Volume VII). o DEMIL code 0: does not require demilitarization and may be disposed or returned to a DRMO. If disposed, it must be in accordance with Commerce Control List Items (CCLI) disposition requirements (see DOD 4160.21 -M, Defense Material Disposition TX1033SP0 -- Pup 3of9 SEPT2012 Vol. 207 P !C Manual; DOD 4160.21 -M-1, Defense Demilitarization Manual; DRMS - 14160.14, Volume VII). • Specific Requirements for disposal of Munitions Lists Items (MLI) /CCLI ( DEMIL codes B and Q) excerpt from DOD 4160.21 -M: Before disposing of MLI/CCLI property, Federal and State agencies must consider the export control requirements as promulgated by the Department of State, Department of Commerce and the Treasury Department, as applicable. Disposal methods shall ensure that appropriate safeguard requirements are in place prior to disposal. These will include, but are not limited to: • Notification of export control requirements to the end -user; • Exclusion of individuals, entities or countries who are excluded from Federal programs by the General Services Administration (GSA); • Exclusion if delinquent on obligations to the U.S. Government or are debarred or suspended from DOD contracts; • Exclusion if currently suspended for TSC violations; • .Exclusion if subject to denial, debarment or other sanctions under public law. o DEMIL codes C. D. E, F. G and P: require demilitarization and must be returned to a DRMO. The State Coordinator must obtain the LESOs approval for equipment returns. LESO will provide turn-in documentation (DD Form 1348 -IA). With few exceptions, the State/LEA will be asked to coordinate the turn-in with a local DRMO, The State/LEA informs LESO which DRMO has agreed to accept the turn -in. LESO will then provide turn-in documentation to the accepting DRMO. Upon receipt of the tum -in documentation, the LEA must return the property to the specified DRMO. The DRMO personnel receiving the materials will sign the turn -in document and give the LEA a copy of the signed receipt paperwork This receipt paperwork must be maintained in the LEA's files and a copy of the receipt must be forwarded to the State Coordinator for their files. (see DOD 4160.21 -M, Defense Material Disposition Manual; DOD 4160.21 -M -1, Defense Demilitarization Manual; DRMS- 14160.14, Volume VII for DEMIL rules). TX 1033SPO Page 4, of 9 SEPT2012 Vol. 207 Pg. • T%nining:, „The State Coordinator, State Points of Contact and LEAs should be trained /familiar with guidance on the following websites: ABCs of DEMIL www.hr.dta.mil/dtc/`courpecawlog/PD/abcdmil.btm (knowledge of demilitarization codes) DLA Operations www.dia.mil (DLA handbook) LESO Operations www.dia,mil /4.,t/leso (1033 Program/Automation training guides) DRMS Operations wwwArms.dia.mil (automation requisitioning process /procedures) THE STATE WILL: a. Receive applications far participation in this program from its law enforcement activities and validate with signature, their law enforcement mission prior to forwarding to LESO for approval as an authorized LEA. Once the approval process is completed and the agency is loaded in the DBMS automated requisitioning system, provide enrolled LEAs with their LEA ID number so they may request materials on -line. b. Forward requests to LESO for excess property that is necessary to meet requirements for LEA efforts. Assure the recipient LEA is identified on all requisitions. c. Be responsible for the transfer and/or allocation of property to qualified LEAs. d. Assure the LEAs agree to maintain, at no expense to the U.S. Government, adequate liability and property damage insurance coverage and workmen's compensation insurance to cover any claims. e. Control and maintain accurate records on all property obtained under this plan. These records must provide an "audit trail” for individual items of property from receipt to distribution. These documents include but are not limited to the following: DRMS Farm 103 with all justifications or printouts of automated requests, DD Form 1348 (receipt and tum -in), all disposal and transfer paperwork, approved ATF Form 10s, Certificate of Aircraft Registration (AC Form 8050 -3), Aircraft Registration Application (AC -Fort 8050- 1) and any pertinent paperwork through the LESO. The records maintained must also satisfy any and all pertinent requirements under its applicable State statues and regulations for the program and this property. f. Enter into agreements with LEAs to assure they fully comply with the terms, conditions and limitations applicable to property transferred pursuant to this plan /program. TX 1033SPO 1'* 5.of 9 SEM012 Vol. 207 Pg. _Z /, I g. Allow a maximum of four (4) screeners, full -time and/or part -time, swam and/or non- swam officers, per LEA performing this duty. The screeners must be named in a "letter of authorization /datasheet" provided to the LESO, to be updated as changes occur, or whenever LESO requests an update. A weapons point of contact (POC) fulltime officer must be included on the "letter of authorization/damsheet" for any LEAs that have received or are requesting weapons. NOTE: A maximum of two (2) of the authorized screeners may physically screen at any DRMO at one time. h. Assure that all environmentally regulated property is handled, stored and disposed of in accordance with applicable Federal, State and local environmental laws and regulations. i. Assure that the following weapons are registered with the U.S. Treasury Department's ATF: M 14, M 16, M21 and M79. The State and each LEA must comply with all applicable firearm laws and,reguladons. Report all stolen or unaccounted for weapons to DLA, LESO not later than seven (7) working days after it is discovered. The State Coordinator must provide a weapon POC on all LEA data sheets. All weapon transfers between LEAs must be approved by the LESO before it is completed. Maintain an approved copy of the ATF Form 10 for all M 14, M16, M21 and M79 rifles issued to State/LEA. j. Identify to LESO each request that will be used in counterdmg/counterterrorism activities. k. Ensure LEAs are aware of their responsibilities in accordance with the Single Audit Act of 1984, as amended (31 U.S.C. 7501 -7). Assist LEAs by providing information, as required, for audit submission. Assist LEAs by identifying which property oversight agency the audit information must be submitted to. 1. Review and update State Plan of Operation annually (calendar year) or when the Governor- appointed State Coordinator changes or Governor changes. If there are no changes to the State Plan of Operation send a signed letter /email to the LESO indicating that the plan has been reviewed and no changes were necessary. m. Ensure all LEAs enrolled in the State 1033 Program maintain a current copy of the State Plan of Operation or MOU. n. Conduct periodic reviews of each LEA enrolled in the program, to include physical inventory/spot checks, of property received and any related records. Additionally, ensure LEAs are in compliance with applicable Memorandum of Agreement (MOA)/MOU andlor the State Plan of Operation. These reviews must be documented and maintained by the State Coordinator for future LESO compliance reviews. o. Obtain reconciliation reports from the LESO website and conduct monthly reconciliations on all items received and annual reconciliations for high dollar items (items valued over $20,000) and Demil B -Q items between the State/LEA and LESO. TX 1033SPO Page 6. of 9 SFPT2012 Vol. 207 Pg. �'��' p. Ensure serial /tail numbers arc provided to LESO on items such as peacekeepers/armored personnel carriers (ADCs), aircraft, night vision goggles (NV(is) /sights and weapons. q. Validate and certify LEA inventory reconciliation results electronically and forward them to LESO within 10 working days of the monthly or annual reconciliation process. Maintain a signed copy of all property reconciliation documentation received through the 1033 Program. r. Submit requests for property returns (turn -ins to a DRMO) to LESO. Note: Costs of shipping or repossession of the property by the U.S. Government will be home by the LEA. s. Submit disposal, transfer and inventory adjustment requests to LESO. t. Contact the LESO in writing not later than 30 calendar days prior, to a State Coordinator change. u. All property transfers will cease if no current Governor's letter is on file; the State has not signed the MOA with DLA: the State Coordinator or POC does not validate all property requests and there is no State Plan of Operation on file. THE LAW ENFORCEMENT AGENCY WILL: a. Submit applications for participation in. this program to the State. Coordinator for approval. Upon request from the State'Coordinatoror LESO provide a mission statement. b. Submit requests for property (electronically). Provide justification for all requisitions to the State Coordinator. .v c. Agrees to maintain, at no expense t &'the U.S. Govemmenk`adequate`liability and property damage insurance coverage and workmen's compensationInsurance to cover any claims':` d. ZContral and' mutntatncca'rate "records on all property obtained under'this "plan. These records must provide "ant'audit trails %for individual items of property from receipt to disiYtbuuori' -These documents mdtide but are not limited to the following: DRMS'Foim -103 witlfall 'ustifications.or rintouts of automated requests: DD Fi5 to 1348 (receipt and tutu in)' aN disposal and'trensfer paperwork; approved ATF Forth 10sj Certificate of Attefid Registration (AC'Forin 8050- 3),'Aircmft Registration Application (AC -Forth 8050 1)`and any pertinent paperwork through the LESO: °The records maintained must also satisfy any and all pertinent requirements under its applicable State statutes and regulations for the program and this property. e, Comply with the terms, conditions and limitations applicable to property transferred pursuant to this plan /program. TX 1033SPO Page 7 of 9 SEPT2012 Vol. 207 Pa. ��5� f. Allow a,maximum of four...(4).screeners, full -time and/or part -time, swom and/or non- sworn officers'� per LEA,performing'this duty. The screeners,musb d be +name ina " letter of authorization /datasheeC'; pmvided,to,theLESO to beupdated:as changes occur, or wheneverLESO- requesls,an;update. A weapons POC,fulltime :officer -must be included onthe'?letterof authorizatiorddatasheet7 for, any .LEAs,that•have•received'or'are requesting - weapons. = NOTE: o A maximum of,two_ (2) of; the authorized screeners may g. Assure that all environmentally regulated property handled, stored and disposed of in accordance with applicable Federal, State and local environmental laws and regulations. h. Assure; thatithe4ollowing'weaponslare registered vnth,the U.3 Treasury DepartmentA- I Recipients must comply regulations. Reporuall stolen or unaccounted ,for:,weaponsto:L.ESO through „the,State, Coordinator norlater thiui seven f7l workine dawafter.the:incident has occurred. TheLEA, i. Identify to LESO each request that will be used in counterdmg/coupterterrorism activities. j. LEAs enrolled inthe State:1033 Program mtist'maintaitra'copy of the'State Plan of Opcmtion'orMOUi! "' k. LEAs must be aware of their responsibilities under the Single Audit Act of 1994, as amended (31 U.S.C. 7501 -7). I. +Conduct periodic reviews to include physical inventory/spot checks of,actuabproperty and related reegrds.:,Ensure compliance with applicable MOA/MOU and/or the State Plan of Operation. m. Obtain reconciliation reports from the State Coordinator and conduct monthly and annual reconciliations. Provide reconciliation results to the State Coordinator. n. Ensure serial/tail numbers are provided to the State Coordinator on items such as peacekeepers/APCs, aircraft, NVGs /sights and weapons. o. Coindtidinvdfif reconciliations and provide inventory reconciliation results electronically to'th&State Coordinator withh 10 working'days of the mohthly.or;annual reconciliation ;,process::;;Mamtain a signed copy of all property reconciliation documentation received through the 1033 Program. TX1033SPO Page 8 of 9 SEPT2012 Vol. 207 Pa. o2 4 p. Submit requests for property returns (tum•ins to a DRMO) to the State Coordinator. Note: Costs of shipping or repossession of the property by the U.S. Government will be borne by the LEA. q. Submit disposal, transfer and inventory adjustment requests to the State Coordinator. r. Contact the State Coordinator, in writing, not later than 30 days prior, when property accountable officer changes. TERMINATION CRITERIA: An LEA may be terminated from the program either temporarily or permanently by the State Coordinator for failure to comply with any policy governing the program. A termination notice will be provided via certified mail from the State Coordinator's office. IN WITNESS THEREOF, the parties hereto have executed this agreement as of the last date written below. Skylor Hearn Assistant Director Texas Department of Public Safety Texas 1033 Stale Coordinator AGENCY NAME C�w � us AGENCY CHIEF EXECUTIVE OFFICIAL: %LW—A—V�i3l 4� Signature Name/Title v� vi k Date TX1033SP0 Pace 9of9 Vol. 207 Pg. ZLZ SEPT2012 Iidk'1,CLEAR •. LAW ENFORCEMENT AGENCY (LEA) WEAPON REQUEST REQUESTING AGENCY ID: REQUESTING AGENCY: QYZ5:1 ab\g }� • ADDRESA(No P.O. Dax): CITY: STATE: ZIP: O3 _ EMAIL: +bv�ler�r r 5�+! PHONE: q`�"� lF�rtsco�n. 1 ` t FAX:, 3101'"�Lat7t7 LEA USE QUANTITY %D� TYPE OF WEAPON REQUESTED JUSTIFICATION: h9v� Nne equse- rmCN( meet t%v(a fulp c.r -C�1e \0(21 - s Gre Ylet.l,5sor r -,�P Q rre ed e,aKsk -itk+e th +ems s xa 1lnu L C, VWVL at n ter The Chief Executive Official or Head of Agcncy (Local Field Orrice) read and agrees to the following (INITIALS 1 REQUIRED): - - O,(?SX • Not Applicable for Federal Agencies: Read and understands the terms and conditions applicable to weapon transfers as detailed in the Memorandum of Agreement bctwv n the Defense Logistics Agency and the Governor appointed Slate Coordinator and the State Plan or Action. (Contact applicable State Coordinator for copy of agreement) • , Ability to maintain, operate, finance, and properly secure the requested weapons. • , Familiarity with the Bureau of Alcohol, Tobacco, and Firearms (ATF) regulations governing the registration of the requested weapons. (ATF 10) • _Agency is not authorized to sell, trade, cannibalize for parts, or demilitarize weapons acquired through the 1033 Program The Chief Executive Official /Flead of Agency (Local Field Office) and the Slate Coordinator, by signing, certifies that all Information contained above is valid and accurate. CHIEF EXECUTIVE OFFICIALI: 1 Ckac 13Uilec 5r DATE: HEAD OF LOCAL AGENCY PRINTED NAME SIGNATURE STATE COORDINATOR: DATE: (NOT REQUIRED FOR FEDERAL) PRINTED NAME SIGNATURE Vol. 207 Pg. --2 Z 12 Brazos County TamplaM `sectors 1.2 Oa7e70t7 Job Description w ` Last Updated: September 2012 Class Number: SD43 .... Title: —' -- _ Drug Court Defense Attorney _ -- Pay Group I N/A Department Drug Court —_ FLSA Status Exempt Reports To Drug Court Judge Approved Date 0910212014 TEEOC Category` I Professional Y General Summary: The Defense Attorney for the Brazos County Drug Court attends and participates in weekly staffing and all non - adversarial hearings and shall alter the annual State Drug Court convention. Defense Counsel protects the integrity of the drug court program by monitoring effectiveness of all components of client care and supervision. The Defense Attorney is selected by majority vote of the Drug Court team. tasenclar uuues: __...._. ----- - participates fully as a drug court team member, committing himeaH /herself to the program, mission and goals, and works as a foil partner to ensure the success of the program and participant; As part of the drug court team, in appropriate non -court settings, the defense attorney advocates for effective incentives and sanctions for program compliance or lack thereof; Is knowledgeable of addiction, alcoholism, and pharmacology generally and applies that knowledge to respond to compliance in the therapeutically appropriate manner; Is knowledge of the gender, age and cultural issues that may impact the offenders success; Using a non - adversarial approach, the defense attorney promotes public safety while protecting participant's due process right, equal protection and statutory rights such as confidentiality; Becomes a program advocate by utilizing hisdter community leadership role to create interest in and develop support for the program, is aware of the impact that substance abuse has on the court system, the lives of offenders, their families and the community at- large, and Contributes to education of peers, colleagues, and judiciary about the efficacy of drug courts; Attends and participates in weekly slaffmgs and non - adversarial hearings; experience; Must not have been removed from office by Impeachment, by the supreme court, by the governor or address to the legislature, by a tribunal reviewing a recommendation of the State Commission on Judicial Conduct, or by the legislature's abolition of the judge's court; and Not have resigned from office after having received notice that formal proceedings by the State Commission on Judicial Conduct had been instituted as provided by Section 33.022 and before final disposition of the proceedings. Vol. 207 Pe. `� The physical demands described here era representative those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to o 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, stacks of records, or other similar objects. Specific vision abilities required by this job Include close vision, and ability to adjust focus. �TyplCal: The work environment eharecterisges 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. While performing the duties of this job, the employee is constantly required to perform multiple tasks simultaneously, and to work closely with others as a part of a team. The employee Is frequently required to work under time pressures and to perform tedious and exacting work. The employee Is occaslonally required to switch from one task to another. The employee may experience varying perlods of idle lime interspersed with emergencies requiring intense concentration. The noise level in the work environment is usually moderate. RO D 2 Duane Peters Date County Judge Vol. 207 Pg. 02 Z9 Brazos County Job Description iii cY Last Updated: September 2012 I Class Number: i 832 t Title: - --------- 1 Pay Group: i 09 Department FLSA Status: Non Exempt ... To: I Approved Date: 1 0101 /201 3 EEOC Catel Position End Temporary Date: 1 09/30/2014 1 Employee Signature: ......... ... �-dierieirai- s-u-n -m - r . .... ......... . 8_y_.- _ . .......... . ............... Pertornia and monitors daily operational responsibilities includinglanitorial Complex including setting-up, cleaning and tearing-down events. Tx IW. R"lim 1.20 &157012 Temporary Attendant, Building & Grounds (1040 his Exposition Complex ---------------_ -------- Event Coordinators &,bJl Managers Service / Maintenance rr'OA ► 0�3�0 r.\ 0 qd(, liti Essential - - - Duties: I I --- --- l i- -- i- -w-- [- - - - --ii.- -o - Op6rateilight to moderate �iquipn eneu0ho sractorsmpam rts forki it an d a kd steer loaders; Sets upAt easwn rodeo a quipment, horse stalls, cattle ties, panels and pens; Sets upitears down meeting and event rooms, including stages, dance floors, tables, chairs and equipment and assists with the soundletectrical system setup and/or tear down; Cleans meeting and event rooms, including sweeping, vacuuming and taking out trash; Cleans restroorns, Including using commercial chemicals to remove stains/odors and keeps them free of litter; buffs and scrubs floors as needed and instructed. Keeps all floors dusted, mopped, and vacuumed; Changes light bulbs and distributes supplies as necessary; Assists in painting and other maintenance projects as necessary; Operates a vacuum cleaner and hand cleaning materials, supplies and equipment; Cleans windows, doors, floors, water fountains, and furniture; Empties and cleans waste receptacles and properly disposes of trash; Assists visitors in a polite manner during events at the Exposition Complex; Keeps janitorial and storage areas clean and organized; Must be wilting to work various hours as needed including some nights, weekends, holidays, etc.; Communicates with Exposition Complex administrative assistant/secretary regarding janitorial supply inventory; Assists as necessary in inventory control including equipment and consurnables. ymer uuties as sssignec Supervision RecelY4 ---- ------- Gitlin Education Requin Prefem -------- - -- Requin Cortiricates, Licenses, Regis_ (rations Prefen ------------ -- --- ---------- __ _ ------- ... ....... . ....... .... Event Coordinators & AN Managers T I his I l-s-a-non-supervilsory-position. High school graduation or b equivalent, oranyaquIvidentcambingdon of educaffonrwcl experience that provides the required knowledge, skills and abilities. ___ 11 .. _­ -------- I ------ : ---- — --------- --- ------- Vol. 207 Pa. . . . . . . . . . . . ---------- . . _.. ..... ....._...__.._. ... ._........... . __ _._... Typkal The physical demands described here are representative of those that must be 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 hand to finger, handle, or to feel; reach with hands and arms; bend and kneel and talk and hear. The employee frequently is required to stand and walk. The emplayee must i frequently Ifi and/or move objects weighing up to 100 pounds, such as bags of mulch and rocks. Specific { vision abilities required for this job Include close vision, distance vision, and the ability to adjust focus. care operation or custooue ana maintenance sgmpmem, mauoing me sate use or commerusi ueanmg chemicals. Abilfly to follow oral and written instructions; ability to loam the proper use ofjanitorial equipment and supplies; ability to make minor repairs; ability to communicate and work effectively with co- workers; ability to perform physical and strenuous work; and an ability to understand and follow Brazos County safety policies. The work environment characteristics described here are representatIive of those an employee encounters while performing the essential functions of this job. Reasonable accommodations maybe made to enable individuals with disabilities to perform the essential functions. The nolse level in the work envinonmem Is frequently loud. The employee Is constantly required to work closely with others as a pan of a team to perform multiple tasks simultaneously, and switch from one task to another. The employee is frequently required to work under time pressures and meet deadlines. The employee may be exposed to extreme weather conditions. A Duane Peters Date County Judge Vol.-207 Pg. 41 I ...... . . . ... ......... ------------------- Brazos County Job Description Last Updated: September 2012 Class ,Number .:1_ 832 Title Pay- Group: ...... .. .09 FLSA Status: Non Exempt I Reports To: I Approved Date: 1 10101/2013 TEE-OC—Catel; Position Eno Temporary Onto: 09/30)2014 1 Employee ------------- ---I Signature: ........ .. . Complex including getting-up, cleaning and tearing-down events. Temporary Attendant, Buildir ----------- Exposition Complex .. . ......... Event Coordinators & All Mai Service / Maintenance Inisl TemplWe Rw. 11081150012 & Grounds Essential Duties: --- --- --- --- Operates lighfto moderate equipment such as trac"I"o-r-si-with Implements, forkil-ft- and skid steer loaders; Sets up/tears down rodeo equipment, hanu stalls, cattle ties, panels and pens; Sets upitears down meeting and event rooms, including stages, dance ficions, tables, chairs and equillorraint and assists with the sound/electrical system setup andlor tear down; Cleans meeting and event rooms, including sweeping, vacuuming and taking out trash; Cleans reshooms, including using commercial chemicals to remove stains/odors and keeps them free of litter, buffs and scrubs floors as needed and instructed. Keeps all floors dusted, mopped, and vacuumed; Changes light bulbs and distributes supplies as necessary; Assists in painting and other maintenance projects as necessary; Operates a vacuum cleaner and hand cleaning materials, supplies and equipment: Cleans windows, doors, floors, water fountains, and furniture; Empties and cleans waste receptacles and properly disposes of trash; Assists visitors in a polite manner during events at the Exposition Complex; Keeps janitorial and storage areas clean and organized; Must be willing to work various hours as needed Including some nights, weekends, holidays, etc.: Communicates with Exposition Complex administrative assistant/secretary regarding janitorial supply inventory; Assists as necessary In Inventory control Including equipment and consurnables. ------------------ Given: 1 This Is a non-superviscry potato ......... . . ---- ---- ............ .... provides the irequired.knowisoge, skills and starred: I I ------- ----- ----- ------------ out least one year - ---- ------- I Certificates Licenses, F I I .Hogis"tions_ Required: None ...... .... . . ..... . ..... I /1 -7 Vol. 207 Pg. — --- ------­­ ----- -------- ------- - -- ---- I ...... . . . ... ......... ------------------- ......... .. ..... Ph srcai Demands Y.. -i--- -- _. --- - _ i : Typical. � The physical demands described here ere representative of those that must be met by an employee to I successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the I employee is regularly required to sit; use hand to finger, handle, or to 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 100 pounds, such as bags of mulch and rocks. Specific vision abilities required for this job Include close vision, distance vision, and the ability to adjust locus. Knowledge Skills, e -F Abilities f..r..R�_..__.._.._._._._i ___._... Safe operation of custodial and maintenance equipment, q includ In the safe use of commercial cleaning TYP C8t' r 9 :chemicals. Ability to follow oral and written Instructions; ability to loam the proper use ofjankodal equipment � and supplies; ability to make minor repairs; ability to communicate and work effectively with co- workers; ability to perform physical and strenuous work; and an ability to understand and follow Brazos County safety policies. i Work Environment I + Typt081• ; The wdrk 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 frequently loud. The employee is constantly required to work closely with others as a part of a team to perform multiple tasks simultaneously, and switch from one task to another. The employee is frequently required to work under time pressures and meet deadlines. The employee maybe exposed to extreme weather I conditions. I A O Duane Peters Date County Judge Vol. 207 Pg. ORDER COMPETITIVE BIDDING REQUIREMENT DISCRETIONARY EXEMPTION OF A CONTRACT FOR A PERSONAL OR PROFESSIONAL SERVICE MADE BY A COUNTY UNDER LOCAL GOVERNMENT CODE SECTION 262.024 This Agreement between Brazos County and William b. kre dod C��.jalf 7,(nG ( "Agreement ") for the provision of Contractor Selection and Oversight services, constitutes a contract for a personal or professional service, consulting in Brazos County. The Brazos County Commissioners Court finds that the Agreement is a contract for a personal or professional service and is exempt from competitive bidding. This Order is made pursuant to V.T.C.A. Local Government Code §262.024 and is to be entered into the Commissioners Court minutes. APPROVED BY THE BRAZOS COUNTY COMMISSIONERS COURT ON Ju Vol. 207 Pe. 13 D. Agee a4,i&Agboci,a.tek,, Inn. 10013 7owYw6dg& Waco; Te//zw 76712 254-744-7705 August 29, 2014 Agreement The following contract is for illiam D. Agee and Associates, Inc., hereafter referred to as "Consultant" and Brazos County, hereafter; r e fe�red to as "Project Owner ", to assist in the project management for the solicitation, procurement aw ard, installation and deployment of a new Justice Software Program at their operations, jail and court iouse and or other locations as specified by the Project Owner. i i I This agreement is for Consult nt Eo perform the following activities: Provide. prima ill chedule update, adjustments, recommendations and bi- weekly schedule upda e n(g) are so employed from the WDA offices they will be billed at • Guaranteed t meet schedule as mutually agreed between the parties; Prime Contractor and Project 0 ne:r for significant completion r Attend meetiIn • Identify risk m s nagement f steering team concerns and abatement options to meet schedule • Generate moin 1 hlt executive reports for management on project status and capabilities, and • Will b e t he ini al primary contact for schedule activities with the selected provider to minimize Pro} ct Owners time involvement Consultant will conduct this pfr gram management either from onsite or from its remote Texas locations. William D. Agee (W A) will be the primary person from the company utilized on behalf of Consultant. If any clerical per n(g) are so employed from the WDA offices they will be billed at $25 /hour plus any direct fees; 5 hould they need to travel to the jobsite. Work from the office in Waco will be at the straight time rat(, Alny other person utilized will only be involved due to previously scheduled conflict already logg ed to the calendar and contracted. The activities identified abovg Millrun from between 7 -10 work days per calendar month and will be held firm through the project) mpletion. This agreement will be effective upon execution immediately since time is of the essence to Consultant will charge $950/ illy ens ure on on -time and functional implementation schedule. The plus direct expenses in association with state rates and per diem. Vol. 207 Pg. %3 Should the Project Owner red ue' any additional services, the parties shall amend this contract to include additional work. Either party may terminate thi agreement with seven (7) day notice to the other party in writing at the location provided below. Cons It�nt shall receive a minimum of seven (7) days at the minimum billing if the termination occurs after a ecution and prior to starting the work. Should the Project Owner elect to terminate after the work haslc mlmenced, the Consultant shall complete the last month of planned or scheduled work at a minimum of }even (7) days of planned activities. Consultant shall bill the Prc associated with this Justice pay Invoices from date of n INDEMNIFICATION and The Contractor shall defend, employees from all suits, act fees expenses brought for or or persons or property, by or negligence in safeguarding tt work, or by or on account of much of the money due the necessary by the County may sureties shall be held until su aforesaid shall have been set Contractor shall defend, inde accordance with this indemn by the County, its officers, ag >r on a bi- monthly basis for time and associated expenses for work Program and associated activities. Brazos County has 30 days to LESS AGREEMENT inify and save harmless the County and all its officers, agents, and it claims of any character, name and description including attorney's count of any injuries or damages received or sustained by any person the said Contractor or his employees or by or in consequence of any k, or through the use of unacceptable materials in construction of the :t of omission, or any other law, ordinance, order or decree, and so mtractor under and by virtue of his contract as shall be considered tained for the use of the County, or in case no money is due, his fits, action or actions, claim or claims for injury or damages as id satisfactory evidence to that effect furnished the County. and save harmless the County, its officers, agents and employees in m clause regardless of whether the Injury or damage is caused in part r employees. This agreem accepted by ignature of the parties below. i Agee and Associatis raz s unty i William D. Agee, Jr. , Presic Q /Z /z ai Date Vol. 207 Pg. -� 74 Name/Title Date Brazos County Purchasing 200 SOUTH TEXAS AVE SUITE 352 BRYAN, TX 77803 PHONE (979) 3614290 FAX (979) 3614293 July 1, 2014 Securus 14654 Dallas Parkway, 6' Floor Dallas, TX 75254 Phone: 972 - 277 -0312 Attu: Robert Pickens Re: Renewal of Contract for Inmate Telephone Service 2014 -74R, previously known as 2012 -37 J -� 14 Brazos County appreciates the quality work your company has provided and would like to exercise a renewal option for 2014 -74R Inmate Telephone Service, previously known as 2012 -37. All terms, conditions, and pricing of previously agreed upon in Contract and RFP shall remain the same. This renewal will start October 31, 201 throurh October 30, 2013. To accept the renewal option, please fill out the information and sign below. Return the signed documents by email to leontreras@brazoscountytx.gov or fax to (979) 3614293. Please then submit the original signed documents and an updated Certificate of Insurance by mail to the address listed above. Please return acceptance as soon as possible. if you have any questions, I may be reached at (979) 361 -4294. Contact Name: )66& -4 l• . ke-1 3 Telephone: R '42-- .2 9'1- -a 3 Q C E -Mall: Fax: SECURUS Authorized Signature tZ TY Duane Peters, County Judge Vol. 207 Pg. 227 "7- (-1Y Date __9 [-2,11 q Date July I, 2014 Brazos County . I AUG 22 ?R14 Purchasing Department 200 SOUTH TEXAS AVE SUITE 352 BRYAN, TX 77803 PHONE (979) 3614290 FAX (979) 3614293 Securus 14654 Dallas Parkway, 6" Floor Dallas, TX 75254 Phone: 972 - 277 -0312 G- l;iY.' P:.. Attn: Robert Pickens Re: Renewal of Contract for Inmate Telephone Service 2014 -74R, previously known as 2012 -37 Brazos County appreciates the quality work your company has provided and would like to exercise a renewal option for 2014 -74R Inmate Telephone Service, previously known as 2012 -37. All terms, conditions, and pricing of previously agreed upon in Contract and RFP shall remain the same. This renewal will start October 31, 201 thromeh October 30, 2011 To accept the renewal option, please fill out the information and sign below. Return the signed documents by email to Icontrems@brazoscountytx.gov or fax to (979) 361.4293. Please then submit the original signed documents and an updated Certificate of Insurance by mail to the address listed above. Please return acceptance as soon as possible. If you have any questions, I may be reached at (979) 361 -4294. Contact Name: RJ�o�v� I �keh J Telephone: E -Mail: beI Ike t, SCe- ulu4e -4. ie4 Fax: SECURUS Authorized Signature BRAZ COU Y Duane Peters, County Judge Vol. 207 Pg. ,� 7� ? -t - IV Dale 2q Date \f�r y Brazos County rr� or AA "tn� Purchasing Department L 200 SOUTH TEXAS AVE SUITE 352 BRYAN, TX 7780) PHONE (979) 3614290 FAX (979) 3614293 July 1, 2014 Securus 14654 Dallas Parkway, 0 Floor Dallas, TX 75254 Phone: 972. 277.0312 Attn: Robert Pickens }' l ..1, .i.) AUG r'i14 Re: Renewal of Contract for Inmate Telephone Service 2014 -74R, previously known as 2012 -37 Brazos County appreciates the quality work your company has provided and would like to exercise a renewal option for 2014 -74R Inmate Telephone Service, previously known as 2012 -37. All terms, conditions, and pricing of previously agreed upon in Contract and RFP shall remain the same. This renewal will start October 31, 201 thromeh October 30, 2015. To accept the renewal option, please fill out the information and sign below. Return the signed documents by email to lcontreras@brazoscountyix.gov or fax to (979) 361-4293. Please then submit the original signed documents and an updated Certificate of Insurance by mail to the address listed above. Please return acceptance as soon as possible. If you have any questions, 1 may be reached at (979) 361.4294. Contact Name: "&*4^'+ f ' ikc-tS Telephone: 0 3 TG E -Mail: boll k-e�Se ✓J% -[Ilk. tal Fax: SECURUS 5co_ Authorized Signature RAZO CO TV L` Duane Peters, County Judge Vol. 207 Pg. 7 '7- 1- 1'T Date Date SECURUS' Master Services Agreement Brazos County (TX) A300614 This Master Services Agreement (this "Agreement ") is by and between Brazos County ( "Customer) and Securus Technologies, Inc., (we,' 'us," or'Provider"). This Agreement supersedes any and all other agreements (oral, written, or otherwise) that may have been made between the parties and shall be effective as of the last date signed by either party (the 'Effective Date"). Whereas the Customer desires that Provider install an Inmate telecommunication system and provide telecommunications and maintenance services according to the terms and conditions in this Agreement according to the Schedule and Work Orders, which are incorporated by reference into this Agreement; Whereas the Provider agrees to install the inmate telecommunications system and provide telecommunications and maintenance services according to the terms and conditions in this Agreement and the Schedule and Work Orders, which are incorporated by reference into this Agreement; Now therefore, in consideration of the mutual promises and covenants contained herein, the parties agree as follows: 1. Applications. This Agreement specifies the general terms and conditions under which we will perform certain inmate - related services and applications (the "Application(s) ") for you. Additional terms and conditions with respect to the Applications will be specified in the schedules entered into by the parties and attached hereto (the 'Schedules'). The Schedules are incorporated into this Agreement and are subject to the terms and conditions of this Agreement. In the event of any conflict between this Agreement and a. Schedule, the terms of the Schedule shall govern. In the event of any conflict between any two Schedules for a particular Application, the latest in time shall govern. 2. Use of Applications. You grant us the exclusive right and license to install, maintain, and derive revenue from the Applications through our inmate systems (including, without limitation, the related hardware and software) (the "System ") located in and around the inmate confinement facilities identified on the Schedules (the 'Facilities'). You are responsible for the manner in which you use the Applications. Unless expressly permitted by a Schedule or separate wrftten agreement with us, you will not resell the Applications or provide access to the Applications (other than as expressly provided in a particular Schedule), directly or indirectly, to third parties. During the term of this Agreement and subject to the remaining terms and conditions of this Agreement. Provider shall be the sole and exclusive provider of existing and any future inmate related .communications, including but not limited to voice, video, and data (e.g., phone calls, video calls, messaging, prepaid calling cards, debit calling, and e-mail) at the Facilities in fieu of any other third parry providing such inmate communications, including without limitation, Customer's employees, agents, or subcontractors. 3. Compensation. Compensation for each Application, if any, and the applicable payment addresses are as staled in the Schedules. 4. Term. The obligations of the parties shall be effective as of the Effective Date, but the "Initial Term" shall begin 120 days after the Effective Date (to allow for installation of hardware and/or implementation of network connectivity) and shall end on the date that is 24 months thereafter. Upon the written request of the Customer, this Agreement may renew for up to 5 successive periods of 12 months each, Notwithstanding anything to the contrary, the terms and conditions of this Agreement shall continue to apply to each Schedule for so long as we continue to provide the Application to you after the expiration or earlier termination of this Agreement. 5. Service Level Aoreement and Limited Remedy. We are committed to providing you with reliable, high quality Applications and we offer certain assurances about the quality of our Applaations (the "Service Level Agreement "). The Service Level Agreement for each Application is as set forth in the applicable Schedule. THE SERVICE LEVEL AGREEMENT SETS FORTH THE SOLE AND EXCLUSIVE REMEDIES FOR FAILURE OR DEFECT OF AN APPLICATION. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ANY IMPLIED WARRANTY ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE, AND NONINFRINGEMENT. 6. Software License. We grant you a personal, non - exclusive, non- transferable license (without the right to sublicense) to access and use certain proprietary computer software products and materials in connection with the Applications (me 'Software. The Software includes any upgrades, modifications, updates, and additions to existing features that we implement in our discretion (the "Updates "). Updates do not include additional features and significant enhancements to existing features. You are the license holder of any third -party software products we obtain on your behalf. You authorize us Master Services Agreement - 1 of 11 Securus Technologies. Inc. - Proprietary & Confdanlial - Form 11.10 Vol. 207 Pg. �2d00 to provide or preinstall the third -party software and agree that we may agree to the third -party End User License Agreements on your behalf. Your rights to use any third -party software product that we provide shall be limited by the terms of the underlying license that we obtained for such product. The Software is to be used solely for your internal business purposes in connection with the Applications at the Facilities. You will not () permit any parent, subsidiary, affiliated entity, or third party to use the Software, (ii) assign, sublicense, lease; encumber; orotherwise transfer or attempt to transfer the Software or any portion thereof, (iii) process or permit to be processed any data of any other party with the Software, (iv) alter, maintain, enhance, disassemble, decompile, reverse engineer or otherwise modify the Software or allow any third party to do so, (v) connect the Software to any products that we did not furnish or approve in writing, or (vi) ship, transfer, or export the Software into any country, or use the Software in any manner prohibited by the export laws of the United States. We are not liable with regard to any Software that you use in a prohibited manner. 7. Ownership and Use. The System, the Applications, and related records, data, and information shall at all limes remain our sole and exclusive property, unless prohibited bylaw, in which event, we shall have the unlimited right to use such records, data, and information for investigative and law enforcement purposes. However, during the term of this Agreement and for a reasonable period of time thereafter, we will provide you with reasonable access to the records. We (or our licensors, if any) have and will retain all right, title, interest, and ownership in and to (i) the Software and any copies, custom versions, modifications, or updates of the Software, (ii) all related documentation, and (iii) any trade secrets, know -how, methodologies, and processes related to our Applications, the System, and our other products and services (the "Materials'). The Materials constitute proprietary information and trade secrets of Provider and its licensors, whether or not any portion thereof is or may be the subject of a valid copyright or patent. 8. Leaalitvll-imiled License Agreement. For services related to Applications which may allow you to monitor and record inmate or.other administrative telephone calls, or transmit or receive inmate electronic messages ( "e- mail "); by providng the Application, we make no representation or warranty as to the legality of recording or monitoring inmate or administrative telephone calls or transmitting or receiving inmate e-mail messages. Further, you retain custody and ownership of all recordings, and inmate e-mail messages; however you grant us a perpetual limited license to compile, store, and access recordings or inmate calls and access inmate e-mail messages for purposes of (i) complying with the requests of officials at the Facility, (it) disclosing information to requesting law enforcement and correctional officials as they may require for investigative, penological or public safety purposes, (iii) performing billing and collection functions,. or (v) maintaining equipment and quality control purposes. This license does not apply to recordings of inmate calls or e-mail messages with their attorneys or to recordings or e-mail messages protected from disclosure by other applicable privileges. 9. Confidentiality and Nan - Disclosure. The System, Applications, and related call records and information (the 'Confidential Information ") shall at all times remain confidential to Provider. You agree that you will not disclose such Confidential Information to any third party without our prior written consent. Because you will be able to access confidential information of third parties that is protected by certain federal and state privacy laws through the Software and Applications, you shall only access the Software with computer systems that have effective firewall and anti -virus protection. Moreover, you acknowledge that the contents of this contract constitute proprietary trade secrets and represent that you have not disclosed the terms and conditions of this Agreement to anyone outside of your organization save your legal representative. You warrant that you will keep the terms and conditions of this Agreement confidential and, unless required by court order or statute, will not disclose such information without Providers express written Consent (except that you may disclose the contents of this Agreement to your attorney or tax advisor, if any, but only after informing those persons that they must keep confidential the information contained herein). Before complying with any such court order or statute, you agree to notify Provider so that it may assert any rights to non - disclosure that it may have under the applicable law. 10. I ims. To the fullest extent allowed by applicable law, each party by itself and/or its employees, agents, crcentractors agrees to be responsible for any loss, cost, claim, liability, damage, and expense (including, without limitation, reasonable attorneys fees and expenses) (collectively "Claims) arising out of (I) a !reach of its own representations, warranties, and /or covenants contained herein, or (ti) gross negligence or willful misconduct, or (iii) actual or alleged intellectual property infringement. Furthermore, the parties understand and agree that each one is subject to federal, state, and local laws and regulations, and each party bears the burden of its own compliance. The Provider agrees to install and implement the Inmate Telephone System according to the law governing the Provider, the instruction it receives from the Customer as to the Customer's requirements under the law, and according to the Customers facility's demographics. The Customer agrees to indemnity the Provider against any and all Claims arising out of or related to instruction Provider receives from the Customer. 11. Insurance. We maintain comprehensive general liability insurance having limits of not less than $2,000,000.00 in the aggregate. You agree to provide us with reasonable and timely written notice of any claim, demand, or cause of action made or brought against you arising out of or related to the utilization of the Applications and the System in which the Provider is brought in as a co- defendant in the Claim. We have the right to defend any such claim, demand, or cause of action at our sole cost and expense and within our sole and exclusive discretion. You agree not to compromise or settle any claim or cause of action arising out of or related to the use of the Applications or System without our prior written consent, and you are required to assist us with our defense of any such claim, demand, or cause of action. 12. Default and Termination. If either party defaults in the performance of any obligation under this Agreement, then the non- defaulting parry shall give the defaulting party written notice of its default setting forth with specificity the nature of the default. Master Services Agreement - 2 of 11 Securus Technologies. Inc. - Proprietary & Confidential - Form 11.10 Vol. 207 Pe. 1; '/ If the defaulting party fails to cure its default within thirty (30) days after receipt of the notice of default, then the non - defaulting party shall have the right to terminate this Agreement upon thirty (30) days written notice and pursue all other remedies available to the non - defaulting party, either at law or in equity. Notwithstanding the foregoing, the thirty (30) day cure period shall be extended to ninety (90) days if the default is not reasonably susceptible to cure within such thirty (30) day period, but only it the defaulting party has begun to cure the default during the thirty (30) day period and diligently pursues the cure of such default. Notwithstanding the foregoing, if you breach your obligations in the section entitled 'Software License' or the section entitled 'Confidentiality', then we shall have the right to terminate this Agreement immediately. 13. Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, NEITHER PARTY SHALL HAVE ANY LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS OR INCOME, LOST OR CORRUPTED DATA. OR LOSS OF USE OR OTHER BENEFITS, HOWSOEVER CAUSED AND EVEN IF DUE TO THE PARTY'S NEGLIGENCE, BREACH OF CONTRACT, OR OTHER FAULT, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY TO YOU RELATING TO OR ARISING OUT OF THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT WE PAID YOU DURING THE TWELVE (12) MONTH PERIOD BEFORE THE DATE THE CLAIM AROSE. 14, Uncontrollable Circumstance. We reserve the right to renegotiate or terminate this Agreement upon sixty (60) days advance written notice if circumstances outside our control related to the Facilities (including, without limitation, changes in rates, regulations, or operations mandated by law; material reduction in inmate population or capacity: material changes in jail policy or economic conditions; acts of God; actions you take for security reasons (such as lock- downs)) negatively impact our business; however, we shall not unreasonably exercise such right. Further, Customer acknowledges that Providers provision of the services is subject to certain federal, state or local regulatory requirements and restrictions which are subject to change from time -to -time and nothing contained herein to the contrary shall restrict Provider from taking any steps necessary to perform in compliance therewith, 15, Injunctive Relief. Both parties agree that a breach of any of the obligations set forth in the sections entitled "Software License; -Ownership and Use," and "Confidentiality' would irreparably damage and create undue hardships for the other party. Therefore, the non - breaching party shall be entitled to immediate court ordered injunctive relief to stop any apparent breech of such sections, such remedy being in addition to any other remedies available to such non - breaching party. 15. Force Maieure. Either party may be excused from performance under this Agreement to the extent that performance is prevented by any act of God, war, civil disturbance, terrorism, strikes, supply or market, failure of a third party's performance, failure, fluctuation or non - availability of electrical power, heat, light, air conditioning or telecommunications equipment, other equipment failure or similar event beyond its reasonable control; provided, however that the affected party shall use reasonable efforts to remove such causes of non - performance. 17. Notices, Any notice or demand made by either party under the terms of this Agreement or under any statute shall be in writing and shall be given by personal delivery; registered or certified U.S. mail, postage prepaid; or commercial courier delivery service, to the address below the party's signature below, or to such other address as a party may designate by written notice in compliance with this section. Notices shall be deemed delivered as follows: personal delivery — upon receipt; U.S. mail — five days after deposit; and courier — when delivered as shown by courier records. 18. No Third -party Beneficiary Rights. The parties do not intend to create in any other individual or entity the status of a third - party beneficiary, and this Agreement shall not be construed so as to create such status. The rights, duties, and obligations contained herein shall operate only between the parties and shall inure solely to their benefit. The provisions of this Agreement are intended to assist only the parties in determining and performing their obligations hereunder, and the parties intend and expressly agree that they alone shall have any legal or equitable right to seek to enforce this Agreement, to seek any remedy arising out of a party's performance or failure to perform any term or condition of this Agreement, or to bring an action for the breach of this Agreement. 19. Miscellaneous. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. No waiver by either party of any event of default under this Agreement shall operate as a waiver of any subsequent default under the terms of this Agreement. If any provision of this Agreement is held to be invalid or unenforceable, the validity or enforceability of the other provisions shall remain unaffected. This Agreement shall be binding upon and inure to the benefit of Provider and Customer and their respective successors and permitted assigns. Except for assignments to our affiliates or to any entity that succeeds to our business in connection with a merger or acquisition, neither party may assign this Agreement without the prior written consent of the Other party. Each signatory to this Agreement warrants and represents that he or she has the unrestricted right and requisite authority to enter into and execute this Agreement, to bind his or her respective party, and to authorize the installation and operation of the System. Provider and Customer each shall comply, at its own expense, with all applicable laws and regulations in the performance of their respective obligations under this Agreement and otherwise in their operations. Nothing in this Agreement shall be deemed or construed by the parties or any other entity to create an agency. partnership, or joint venture between Customer and Provider. This Agreement cannot be modified orally and can only he modified by a written instrument signed by all parties. The parties' rights and obligations, which by their nature would extend beyond the termination, cancellation, or expiration of this Agreement, shall survive such termination, cancellation, or expiration (including, without limitation, any payment obligations for services or equipment received before such termination, cancellation, or expiration). This Agreement may be executed In counterparts, each of Master Services Agreement - 3 of 11 Securus Technologies, Inc. - Proprietary a Confidential -Form 11.10 Vol. 207 Pg. ,� ff' which shall be fully effective as an original, and all of which together shall constitute one and the some instrument. Each party agrees that delivery of an executed copy of this Agreement by facsimile transmission or by PDF e-mail attachment shall have the same force and effect as hand delivery with original signatures. Each parry may use facsimile or PDF signatures as evidence of the execution and delivery of this Agreement to the same extent that original signatures can be used. This Agreement; together with-the exhibits and Schedules, constitutes the entire agreement of the parties regarding the subject matter set forth herein and supersedes any prior or contemporaneous oral or written agreements or guarantees regarding the subject matter set forth herein. EXECUTED as of the Effective Date. CUSTOMER: Brazos County ULA_ m P Title: Ltj �UJ.P Date: IO /30/ /a Customers Notice Address and Phone Number: 300 E 26'1 Street Bryan, TX 77803 Phone: (979) 361-4100 Please return signed contract to: 14651 Dallas Parkway Sixth Floor Dallas, Texas 75254 Attention: Contracts Administrator Phone: (972) 277.0300 PROVIDER: Securus Technologies, Inc. By. Name: Robert Pickens Title: Chief Operating Officer Date: to _ LT, -i 'L— Providers Notice Address: 14651 Dallas Parkway, Suite 600 Dallas, Texas 75254 Attention: General Counsel Phone: (972) 277 -0300 Providers Payment Address: 14651 Dallas Parkway, Suite 600 Dallas, Texas 75254 Attention: Accounts Receivable Master Services Agreement - 4 or 11 Secums'rechnologies, Inc. - Propnetary 8 confidential - Form 11.10 Vol. 207 Pa. a V 3 Schedule Brazos County (TX) A300614 This Schedule is between Securus Technologies, Inc. ('we" or "Provider ), and Brazos County ("you" or 'Customer") and is part of and governed by the Master Services Agreement (the 'Agreement") executed by the parties. The terms and conditions of the Agreement are incorporated herein by reference. This Schedule shall be coterminous with the Agreement ( 'Schedule Effective Date "). A. Applications. We will provide the following Applications. CALL � MANAGEMENT SYSTEM DESCRIPTION: Secure Call Platform: Secure Call Platform ('SCP') provides through its centralized system automatic placement of calls by inmates without the need for conventional live operator services. In addition, SCP has the ability to (a) monitor and record inmate calls, (b) automatically limit the duration of each call to a certain period designated by us, (c) maintain call detail records in accordance with our standard piactices; (d) automatically shut the System on or off, and (e) allow free calls to the extent required by applicable law. We will be responsible for all billing and collections of inmate calling charges but may contract with third parties to perform such functions. SCP will be provided at the Facilities specified in the chart below. COMPENSATION: Collect Cells. We will pay you commission (the "Commission') based on the Gross Revenues that we earn through the completion of collect calls placed from the Facilities as specified in the chart below. "Gross Revenues" shall mean all gross billed revenues relating to completed collect calls generated by and through the Inmate Telecommunications System. Regulatory required and other items such as federal, state and local charges, taxes and fees, including transaction funding fees, transaction fees, credits, billing recovery fees, charges bil led by non -LEC third parties, and promotional programs are excluded from revenue to the Provider- We shall remit the Commission for a calendar month to you on or before the 30th day after the end of the calendar month in which the calls were made (the "Payment Date'). All Commission payments shall be made in accordance with Texas PUC Sub Rule 26.27 Your payment address is as set forth in the signature black below. You shall notify us in writing at least sixty (60) days before a Payment Date of any chance in Your, payment address FACILITIES AND RELATED SPECIFICATIONS: t < a� �' lb,Y it V TM. !!Yd rdkil -a+ i F'aahiy Name'and Address Lit'IW!ai 'irlA Call Mahagemenl ,fir .3 "16n r vRevenue Cominrss+ r a +Base a =ssr ^^� Mhf,*Commrssion� Calculation of a rry +� +- P ment ', X . 1 I saervrrre * Percents nor w.4v .. Address off. r + " a� rL ✓ €.., ( da r*n:M1 °r maru�ir�z tk' `t ;W Brazos County Juvenile Detention 1904 W Hwy 21 Bryan, TX 77803 SCP 77.5% Gross 200 S. Texas Avenue # 240 Brazos County Detention Center 1835 Sandy Point Road Bryan, TX 77803 Revenues Bryan, TX 77803 Brazos County Low Risk 1821 Sandy Point Road Bryan, TX 77807 CENTRALIZED NET CENTRIC, VOIP. DIGITAL TRANSMITTED CALL MANAGEMENT SYSTEM DESCRIPTION: Secure calling Platform User Interface. We will provide you with the Software regarding the Secure Calling Platform Interface ('S -Gate User Interface') which may be used only on computers and other equipment that meets or exceeds the specifications in the chart below, which we may amend from time to time ( "Compatible Equipmenr), for a total of licensed users as specified in the attached Customer Statement of Work- Customer represents that (f) it will be responsible for -distributing and assigning licenses to its end users; (ii) it will use the SCP User Interface for lawful purposes and shall not transmit, retransmit or store material in violation of any federal or state laws or regulation: and (iii) it wilt monitor and ensure that its licensed end users comply as directed herein. Master Services Agreement -5 of 11 Securus Technologies, MC. - Proprietary 8 Confidential- Form 11.10 Vol. 207 Pg. ��� Processor Personal computer (PC) with a minimum t gigahertz (GHz) or processor clock speed recommended; Intel Pentium/Celeron family, or AMD KS/AtNon/Duron family, or compatible processor recommended higher Operating System Windows XP Browser Microsoft l nlemel Explorer 6.0 or better Mowry At least 128 megabytes (MB) of RAM; 256 MS for optimum speed Drive CD-ROM or OVD drive Display Super VGA (1,024 x 768) or higher - resolution video adapter and monitor Peripherals Keyboard and Microsofl Mouse or compatible pointing device Internet Internet access SERVICE LEVEL AGREEMENT We agree to repair and maintain the System in good operating condition (ordinary wear and tear excepted), including, without limitation, furnishing all parts and labor. All such maintenance shall be conducted in accordance with the service levels in Items 1 through 10 below. All such maintenance shall be provided at our sole cost and expense unless necessitated by any misuse of, or destruction, damage, or vandalism to any premises equipment by you (not inmates at the Facilities), in which case, we may recoup the cost of such repair and maintenance through either a Commission deduction or direct invoicing, at our option. You agree to promptly notify us in writing after discovering any misuse of, or destruction, damage, or vandalism to, the said equipment. If any portion of the System is interfaced with other devices or software owned or used by you or a third party, then we shall have no obligation to repair or maintain such other devices or software. This SERVICE LEVEL AGREEMENT does not apply to any provided Openworkstation(s) (see below). For the services contemplated hereunder, we may provide. based upon the facilities requirements, two types of workstations (personal computer/desktopAaptopAerminal): The `Openworkstation" is an open non - secured workstation which permits administrative user rights for facility personnel and allows the facilities an ability to add additional third -party software. Ownership of the Openworkstation is transferred to the facility along with a three -year product support plan with the hardware provider. We have no obligation to provide any technical and field support services for an Openworkstation. CUSTOMER IS SOLELY RESPONSIBLE FOR THE MAINTENANCE OF ANY OPENWORKSTATIONS(S). 1. Culotte Repo rt7 Technical Support. If either of the following occurs: (a) you experience a System outage or malfunction or (b) the System requires maintenance (each a "System Event"), then you will promptly report the System Event to our Technical Support Department ( 'Technical Support"). You may contact Technical Support 24 hours a day, seven days a week (except in the event of planned or emergency outages) by telephone at 866- 558.2323, by email at TechnicalSupport@securustech net, or by facsimile at 800 - 368 -3168. We will provide you commercially reasonable notice, when practical, before any Technical Support outage. 2. Priority Classifications. Upon receipt of your report of a System Event, Technical Support will classify the System Event as one of the following three priority levels: Priority 1 30% or more of the functionality of the System Is adversely affected by the System Event. Priority 2 5 %- 29 %% of the functionality of the System is adversely affected by the System Event. Priority 3 5% or less of the functionality of the System is adversely affected by the System Event Single and multiple phones related issues. 3. Response Times. After receipt notice of the System Event, we will respond to the System Event within the following time periods: Priority 1 2 hours Priority 2 24 hours Priority 3 72 hours 4. Response Process. In the event of a System Event, where the equipment is located on Customer premises, Technical Support will either initiate remote diagnosis and correction of the System Event or dispatch a field technician to the Facility (in which case the applicable regional dispatcher will contact you with the technician's estimated time of arrival), as necessary. In the event of a System Event occurs in the centralized SCP system, technical support will initiate remote diagnosis and Master Services Agreement - 6 of 11 Securus Technologies, Inc. - Proprietary 8 Confidential - Form 11.10 Vol. 207 Pg. � O' correction of the System Event 5. Performance of Service. All of our repair and maintenance of the System will be done in a good and workmanlike manner at no cost to you except as may be otherwise set forth in the Agreement. Any requested modification or upgrade to the System that is agreed upon by -you and us maybe subject to a charge as set forth in the Agreement and well be implemented within the time period agreed by the parties. 6. Escalation Contacts. Your account will be monitored by the applicable Territory Manager and Regional Service Manager. In addition, you may use the following escalation list if our response time exceeds 36 hours: first to the Technical Support Manager or Regional Service Manager, as applicable, then to the Director of Field Services, then to the Executive Director, Service. 7. Notice of Resqlution. After receiving internal notification that a Priority 1 System Event has been resolved, a member of our management team will contact you to confirm resolution. For a Priority 2 or 3 System Event, a member of our customer satisfaction team will confirm resolution. B Monitoring. We will monitor our back office and validation systems 24 hours a day, seven days a weak. 9. Reouired IGR. You are responsible for providing a dedicated isolated grounded receptacle ( "IGR ") for use in connection with the primary System. Upon request we will provide you with the specifications for the IGR. If you are unable to or do not provide the IGR, then we will provide the IGR on a time and materials basis at the installers then- current billing rates, provided that we are not responsible for any delay caused by your failure to provide the IGR. 10. End -User Billing Services and Customer Care. Our Securus Correctional Billing Services department will maintain dedicated customer service representatives to handle end -user issues such as call blocking or unblocking and setting up end -user payment accounts, The customer service representatives are available 24 hours a day, 7 days a week by telephone at 80M44- 6591,via chat by visiting our website www securustech.net, by email at CustomerService &Securustech.net, and by facsimile at 972- 277 -0714. In addition, we will maintain an automated Inquiry system on a toll -free customer service phone line that will be available to end -users 24 hours a day, 7 days a week to provide basic information and handle most routine activities. We will also accept payments from end -users by credit card, check, and cash deposit (such as by money order, MoneyGram or Western Union transfer). INSTANT PAY'" PROGRAM DESCRIPTION The Instant PayT" promotional program optimizes the call routing at Facilities by connecting as many calls as possible. If a call is attempted but there is no account or calling card open or in use to pay for the call, the call can be routed to the Instant Pay Program. The Instant Pay Program will offer the called party additional options to connect the call as well as provide information and promotional messaging on how to create a prepaid AdvanceConneclT" Account. COMPENSATION Pay Now'" Pay NowT" is an instant paid payment product available to facilities that have the Instant Pay promotional calling program installed that allows the called party to instantly pay for a single call using a debit or credit card in real -lime as the call is being initiated. With Pay Now' ", the called party may immediately pay using a credit or debit card for one single call or may elect to setup and / or fund a prepaid AdvanceConnect account. Provider will compensate the Customer at a rate of one and 60/100 dollars ($1.60) for each call accepted and paid for using Pay NowT ". Pay NowT" is not subject to any other compensation. Text2ConnectTM Text2ConnectTM is a promotional program designed to gel inmates in touch with Friends and Family members quickly and to encourage them to set up a prepaid AdvanceConnectT account. If (a) an inmate attempts a call to a mobile phone, (b) the facility allows calls to mobile phones, and (c) the call cannot be billed by Provider, then call control will be assumed by our third -party provider. Our third -parry provider will prompt the called party to double opt -in to accept and confirm the charges for a premium SMS text message and continue the call. Charges for the message are billed by the called party's mobile provider on their mobile phone bill. The called party receives a text message receipt for the call charges and is given instructions on how to open a prepaid AdvanceConnectT" account, Text2Connect'" Is available through our third -party processor who maintains relationships with select mobile phone companies around the country and manages the connection. Text2Connect- promotional calls are not commissionable, and Provider will pay the Customer a bonus payment of thirty cents ($0.30) for each transaction tee billed and collected by the wireless carrier completed through the Text2Connect'v platform. Bonus payments for each applicable connection will be added to your existing monthly commission statement. Text2ConnectTM is not subject to any other compensation. DESCRIPTION: .AUTOMATED INFORMATION SERVICES Master Services Agreemerl - 7 of 11 Securus Technologies, Inc. - Propnelary 8 Confidential - Form 11.10 Vol. 207 Pg. �w We will provide the Automated Information Services (AIST ") through our third party vendor, Telerus as described herein. The AIST" application automates internal inquiries from detainees and outside calls from friends and family members on one single platform. In addition, the application allows inmates' friends and families the ability to open or fund a pre -paid telephone account as well as fund an inmate's trust account. The application is accessed through a telephone IVR system that is available to all callers. Once facility staff has uploaded all required information, the system is able to automate information such as: • Commissary balances (pending MIS system data Flow) • Charge information • Court Appearance Dates, Times, locations • Bond Amounts, Types • Projected Release Dates • Visitation Eligibility Times Automated Information Services 2.0 is configurable to meet the specific needs of the facility. The standard option includes automation of inmate and facility information to constituents who call the existing main telephone number and to inmates at the County's facility, Customer may also choose to add any of the following additional options (mark all that apply): • Automation of inmate and facility information to constituents (standard) • Automation of inmate and facility information to inmates (standard) • Ability to open or fund a Securus pre -paid telephone account • Ability to fund an inmate trust account The application provides all information automatically without staff intervention 24f7 from any standard day room or outside telephone with no new wiring required. Facility staff personnel must maintain information on the system. Customer shall be responsible for any /all integration fees incurred by its JMS/MIS system provider for AIS to receive inmate data. PAYMENT: AIS shall be free of charge during the Initial Term. Provider reserves the right to renegotiate the AIS*" monthly fee at the end of the Initial Term. Moreover, the parties acknowledge that the AIST" monthly fee (or lack thereof) is based on the features selected and the Customers estimated Average Daily Population ( "ADPI. Therefore, on January 1st of every year during the term of service, Customer will provide its average ADP count so that the per inmate charge for AIST'", if any, may be adjusted for the following year. Provider will modify the AIST" Fee per year based on a comparison of any three (3) consecutive months' ADP levels. If the ADP levels have fluctuated by more than fifteen percent (15 %), Provider will modify the Al Fee on a going forward basis. In addition, the AIST" Fee is determined by AIS features chosen. Securus may increase the AIST° Fee if the feature set is modified or changed by the facility after contract execution. VOICE MESSAGING DESCRIPTION: The Voice Messaging application provides a secure, password protected, 2 -way communication vehicle for inmates and Friends and Family members with which they can leave voice messages. The messaging service can be terminated at will for particular inmates. No additional equipment is provided with this application - COMPENSATION: When we begin charging for this service, a $0.75 transaction fee plus applicable taxes will be charged to the end -user for each message delivered. The Customer will receive $0.25 for each transaction fee collected by Provider. All messaging payments will be made in accordance with Texas PUC Sub Rule 26.27, PREPAID CALLING CARDS DESCRIPTION: Upon receipt of your written request, we will provide you with inmate Prepaid Calling Cards for resale to inmates at the Facilities speed in the than below. Prepaid Calling Cards are not returnable or refundable; all sales are final. Each Prepaid Calling Card will be valid for no more than six (6) months from the date it is first used. The cards are subject to applicable local, stale, and federal taxes plus any applicable per call surcharge fee. If you authorize us, we will deal with your third -party commissary operator (Commissary Operator) for the sole purpose of selling Prepaid Calling Cards to you. If that is the case, you shall notify us in writing of any change in the identity of the Commissary Operator, which change shall be effective on the date that we receive the notice. Notwithstanding anything to the contrary, you will remain primarily liable for the payment for Prepaid Calling Cards sold to Commissary Operator on your behalf. TAXES: The face value of the Prepaid Calling Cards does not include any taxes or other fees. Provider will invoice Customer for each Master Services Agreement - 8 of 11 Securus Technologies, Inc. - Proprietary 8 Confidential - Form 11.10 Vol. 207 Pg. ,� f7 order of Prepaid Calling Cards. Customer will pay invoices in accordance with the Texas Prompt Payment Act, Texas Government Code Chapter 2251. Customer may provide a Sales and Use Tax Resale Certificate to Provider stating that Customer will be responsible for charging the applicable taxes to the end -users and for remitting the collected taxes to the proper taxing jurisdictions. If Provider receives a Sales and Use Tax Resale Certificate from Customer, Provider will not charge applicable sales taxes on Customer invoices for Prepaid Calling Cards purchases. - - COMPENSATION: The face value of the Cards less the applicable percentage specified in the chart below plus any applicable sales tax and shipping charges shall be due and payable within thirty (30) days after the invoice date. After such thirty (30) day period, then we reserve the right to charge interest on the overdue amount at the lower of (a) fifteen percent (1 SOQ per annum or (b) the maximum rate allowed by law and to deduct the invoice price of the Cards plus any accrued interest from any amounts we owe you until paid in full. If you authorize us in writing we will deduct amounts owed from your earned Commissions. If the amounts owed exceed the Commission for the relevant month or if, for any reason, the Agreement terminates or expires during the relevant month, then we will invoice you for the balance which shall be due within thirty (30) days after the dale of the invoice. All applicable sales taxes will be charged on the invoiced amount of the Prepaid Calling Card sale, unless customer provides us a valid reseller's certificate before the time of sale. FACILITIES AND RELATED SPECIFICATIONS: wu: r I `.�- • f h '.: Discount"' Ft'GI'?ryh+�ISF:a'.r8�.r.'@Pe entsgc`..IF a , Brazos County Juvenile Detention 1904 W Hwy 21 77.5% Bryan, TX 77803 Brazos County Detention Center 1835 Sandy Point Road 77.5% Bryan, TX 77803 Brazos County Low Risk 1821 Sandy Point Road 77.5% Bryan, TX 77807 CALLING RATES Provider will charge the rates set forth in the charts on the following page, which will not be changed without the consent of the Customer International rates, if applicable, will vary by country. Master Services Agreement - 9 of 1 t Secums Technologies. Inc. - Proprietary 8 Confidential- Form 11.10 Vol. 207 Pg. ,��� I OCAL SURCHARGE f 4 -65 INTRALATAINTRASTATE SURCHARGE f 4.95 RATE FALEAGE DAY EVENING NIGHTMEEKEND - RATE EACH EACH EACH PALEAGE CALL CALL CALL 0.99999 0.0000 0.0000 0.0000 INTRALATAINTRASTATE SURCHARGE f 4.95 RATE FALEAGE DAY EACH INITIAL ADD'L PERIOD PERIOD EVENING EACH INRIAL ADDL PERIOD PERIOD NIGHTNYEEKEND EACH INII L AL ADD'L PERIOD PERIOD 1 -17 01000 00800 0.0750 0.0600 0.0800 0.0480 18-22 0.1500 0.1200 0.1125 0.0900 0.0900 0.0720 23-28 02100 0.1800 0.1575 0.1350 050 .12 0.1080 2934 _ 02400 02400 0.1800 0.1800 1 0.1440 0.1440 3551 0.3100 0.3100 02325 02325 0.1880 0.1800 52 -99099 0.3300 0.3300 0.2475 02475 0.1980 0.1980 INTFRIATAINTRASTATE SURCHARGE S 3 -50 RATE Ir4LEAGE DAY EACH INM AL ADD'L PERIOD PERIOD EVENING EACH INDIAL ADDL PERIOD PERIOD NIGHTMEEKEND EACH INITIAL ADD'L PERIOD PERIOD 1 -17 0.2975 0.2625 02975 02625 02975 02625 18-22 0.3150 02975 0 -3150 0.2975 0.3150 02975 23-28 0.3325 0.3150 0.3325 0.3150 0.3325 0.3150 2934 0.3325 0 -3150 0.3325 03150 0.3325 0.3150 3541 0.3325 0.3150 0.3325 0.3150 0,3325 03150 4251 0.3325 0.3150 0.3325 0 3150 0.3325 0.3150 5256 0.3325 0.3150 03325 03150 0.3325 0.3150 67.81 0.3675 0.3500 0.3675 0.3500 0.3675 03500 82 -105 0.3675 0.3500 1 0.3675 0.3500 0.3875 0.3500 106 -124 0.3075 03500 0.3675 0.3500 0.3675 0.3500 125 -292 04025 03850 0.4025 0.3850 0.4025 0.3850 293 -99999 1 0.4200 0.4025 1 0.4200 OA025 I G 4200 0.4025 INTFRIATAINTERSTATE SURCHARGE t 3 95 Plus applicable taxes and otlrcr gov rnmmt lees Master Services Agreement - 10 of 11 Securus Technologies, Inc. - Proprietary 8 Confidential- Form 11.10 Vol. 207 Pg. 2X9 DAY EVENING NIGHTNYEEKEND EACH EACH EACH RATE INITIAL ADD'L INITIAL ADDL INITIAL ADD'L AALEAGE PERIOD PERIOD PERIOD PERIOD PERIOD PERIOD 0.99999 0 8900 I 0.8900 0.8900 I 0.8900 0.8900 0.8900 Plus applicable taxes and otlrcr gov rnmmt lees Master Services Agreement - 10 of 11 Securus Technologies, Inc. - Proprietary 8 Confidential- Form 11.10 Vol. 207 Pg. 2X9 Exhibit A: Customer Statement of Work Brazos County (TX) A300614 This Customer Statement of Work is made part hereto and govemed by the Master Services Agreement (the 'Agreement') executed between Securus Technologies, Inc, ( "we' or "Provider'), and Brazos County ( "you" or *Customer). The terms and conditions of said Agreement are incorporated herein by reference. This Customer Statement of Work shall be coterminous with the Agreement. A. Applications. The parties agree that the Applications listed in the Service Schedule or below shall be provided and in accordance with the Service Level Agreements as described in the applicable section of the Service Schedule to the Agreement. 8, Eauioment. We will provide the equipment/Applications in connection with the SCP services needed to support the required number and type of phones and other components and storage for 2 years and 3 months. Additional equipment or applications will be installed only upon mutual agreement by the parties, and may incur additional charges. EXECUTED as of the Effective Date. CUSTOMER: Brazos County Please return sinned contract to: 14651 Dallas Parkway Sixth Floor Dallas, Texas 75254 Attention: Contracts Administrator Phone: (972) 277-0300 PROVIDER: Securus TechnoVogies, Inc. Name: Robert Pickens Title: Chief Operating Officer Master Services Agreement - 11 of 11 Securus Technologies. Inc. - Proprietary 8 Confidential - Form 11.10 Vol. 207 Pg. ��© SECURrUnS'" 14651 Dallas Parkway, Su Re 600 Dallas, TX 75254 -8815 August 21, 2014 Mrs. Leslie Conteras Brazos County 200 South Texas Avenue Suite 352 Bryan, TX 77803 Dear Mrs. Conteras: , AUG 2j14 Enclosed, please find an executed copy of the Renewal Letter to the Master Services Agreement between Brazos County and SECURUS Technologies. Please sign and return one copy to the address above ATTN: Sr. Sales Operations Specialist. We would like to thank you at this time for continuing to choose SECURUS as your inmate phone provider. Should you need further assistance, please contact your SECURUS Representative. Joshua Conklin VP of Sales SECURUS Technologies (972) 277 -0312 Vol. 207 Pg. ��/ P ,SE'CUR lJ S 0 ES 14651 Dallas Parkway, 6th'Floor "' Dallas, Texas 75254 www.securustech.net October 25, 2012 Leslie Williams Asst. Purchasing Agent Brazos County 200 S Texas Avenue, Suite 352 Bryan, TX 76803 Dear Ms. Williams: Enclosed, please find 2 executed copies of the Master Services Agreement between Brazos County and SECURUS Technologies. Please sign both copies and return 1 original to the Contract Administrator at the above address. We would like to thank you at this time for continuing to choose SECURUS as your inmate phone provider. Should you need further assistance, please contact your SECURUS Representative. Joshua Conklin VP of Sales SECURUS Technologies (972) 277 -0312 The Power of One Vol. 207 Pg. ;7- 9.-l- August 6,2014 INFORMATION SYSTEMS Sheriff's Office Brazos County Aadlta Attn: Megan Co be! Mason 1700 W.Hwy.21 Bryan, TX 77803 DCS appreciates your business. As you know, DCS is committed to complying with all applicable federal and state requirements, Including the Gramm - Leach - Bliley tGLB) Act, as well as our contractual requirements as resellers of data from our providers. Sheriff's Office DCS' contract with Brazos County Anditers'Dffke Included the attached GLB SUPPLEMENT TO DCS SUBSCRIBER AGREEMENT which includes specific Access Security Requirements for access to the credit header reports that your company obtains from DCS. As part of our program to assure that the Information that we resell Is being adequately secured by our subscribers, we request your review of the attached Access Security Requirements to verify that your company Is In compliance with these requirements when handling the GLB data. After your review, please acknowledge below and return this form to DCS in the enclosed self- addressed envelope. Again, DCS appreciates your business and call us at 972 - 422 -3600 If you have any questions. .Sheriff's office Brazos Countyntodkor%'office has reviewed the Access Security Requirements and is In full compliance with the requirements: ey: printed Name /I SO�e / cc l\' Date 02 / SOON. Central ExPrmu Y Suite 180 / Nam, TX 75074 / 900.1993647 / 971.411.3621 fox / dcaamef#W- orrr Vol. 207 Pg. - /_j i5 Ju 6, M, SSN A GLB SUPPLEMENT TO DCS SUBSCRIBER AGREEMENT Access to Credit Headers This Supplemental Subscriber Agreement is entered into by and between DALLAS COMPUTER GES`W ^tea TyZ NY, /?rf !}!j /�/ "o Cj�/�,C� — (referred to as Smubscriber). as ) �d A. State and federal laws have been enacted which govern the release and use of non -public personal financial information contained in Consumer Reporting Agency individual record databases (Credit Header Information) maintained by a Consumer Reporting Agency and provided to customers by DCS. B. DCS requires all current Subscribers who utilize such Credit Header Information databases to enter into a written agreement that satisfies the state and federal laws governing the use of such Credit Header Information databases prior to release of the requested information. Now therefore in consideration of the mutual covenants and agreements herein contained and as a condition precedent to Subscriber obtaining information from DCS databases and continued access to service under the Subscriber Agreement, the parties do hereby agree as follows: 1.1 Limitation of Use. Pursuant to the federal Gramm - Leach- Bliley Financial Modernization Act of 1999 (15 U.S.C. Section 6801 et seq.), (the "Act"), Subscriber hereby agrees not to utilize any information provided hereunder for any purpose, which would violate the privacy obligation policy and any other terms and provisions of the Act, or any similar state or local statute, rule and regulations. Subscriber agrees that should they take adverse action as a result of the Credit Header provided by DCS, Subscriber will verify the information from the Credit Header with another source. Subscriber agrees to use Credit Header information as lead information only. Subscriber agrm to order and use Credit Header information only in connection with the following needs involving the subject: 1.1.1 State the nature of Subscriber's business Vol. 207 Pa. �- A/ Please cbeck the purpose that applies to Subscriber's use. Vol. 207 Pg. f�5� Uses for which Subscriber WH rise AnDUcable GLB Excentton Credit Header Information Finance and Collections Verifying identity to guard against fztud9l tat boo To protect against or prevent actual or potential 0 liand, umuthor¢ed transactions, actio, clai or other applications, liability. Sfdp tracing for lceatiug individuals who defaulted To Protect +fit or prevent aeUW claim Or or odxtl fraud, tthorived hair action, wa on loam, liability, Employment Bacl gwund Checks To protect Aga nst of prevent actual or potential Qbaud, unauthorized trmsaelions, claims or other liability. Ineafxnce investigate, identify prevent dwith To protect Q co ate rmumnce claims and the cons associated with such m unauthorized t anSeCtt� clam Or nt� baud, tmaut}auized frau liability- To protect against or prevent actual or potential Qfiend, Imutance claim processing unauthorized trttmactiom, claims or other liabili . 13 f.ocatiag viduals who are the subject of a To protect against or prevent actual or potential transactions, claims or other 1 properly authorized investigation for the ptuposee of fraud, unauthorized idrnGf ' - imesti ^ o .. _ ° R!ed locating beneficiaries of insurance policies so liability. To comply with Federal, Attu, or local lawn, Q betrefis car be paid, rules and other bcable le ts. To protect against or prevent actual or potential Q Employment Background Cheeks Saud, unauthorized transactions, claims or other liability. Government Verifying identity for government benefits each is To protect against or prevent acting) or potential food stamps to identify fraudulent applications, feud, anaathorized tramactiom, claims Of other liabtli . 13 [ocatin8 non - custodial parents and assets for eluld To comply with Federal, atone, a local laws, legal enfo rules and other applicable Locating individuals who arc the subject of a authorized investigation for the purposes of To protect against or prevent actual OF Potential fraud, unauthorized transactions, claims a other properly ides' roves' stir or en' fraud locate witnesses m relation to a documented liability To protect against or prevent actual or potential criminal or civil action to protect against Baodulent fraud, unauthorized transactions, claims or other liability, or unlawful activities, Locate victiam of crime in relation to a documented To protect against m prevent aetial or potential criminal or civil action to protect against frsudukent fraud, unauthorized transactions, claims or other Q or unlawful scu"ti and Investigative research Gabili . For an investigation on a matter related to public safety Vol. 207 Pg. f�5� Subscriber agrees not to use Credit I leadcr information for any other Pale a violation Subscriber understands agrees that use of Credit Header Information for any other put" may Financial Modernization Act of 1999 (15 U.S.C. Section 6801 et seq.). 1.2 %n t AMM Number: Applicant wishes for the users of this account to have access to the full SSN, when available. Please give a detailed explanation of the reasons a full SSN is required. r r _ n n 2.1 R tJt; Subscriber certifies that the Subscriber is the end user of consumer information obtained via this Agreement, and that the information shall not be resold. 3.1 A ass Security Re u' The attached document entitled "Access Security Requirements, Revised 1130/2009" is hereby incorporated into the terms of this Agreement. 4.1 TCMi� natio n ofCo_ntract• DCS shall immediately terminate this contract and Subscriber's access to the data in DCS files if Subscriber fails to comply with the provisions ofthis Agreement, or if DCS becomes aware of any violation by Subscriber of the foregoing restrictions' Vol. 207 Pg. _-? `i 6� To accrual or Potential Qfraud, Fmploymnut Background Checks r unautborized trmse<tiom. cloitr>s m other d, una thorize t amacti Habit ity. Retail Ven identity to a�1°st fta, t loan To protect agelnst or prevent actual a potential fraud, une tjorind transactions, claims or otber applications, SNp tracing for locating individuals who dtfeulted To protect against or prevod actual or potential dborized traowetiooa, eleirus or otber a on loons, fraud uva Ii" , To protect against or prevent actual or potential alimptoymrnt Background t hard, unauthorized transactions, claims or other habit Law Firms consumers filing for benkraWcy min To Protect against or prevent actual or potential � w uthorined tra ns, claims or other under the BAPCP A icy procsedungs 2005 provide a blank copy of the document used liability. obtain written provide a 0 from the cof ft document r. Collections. Provide a blank copy of the To against of prevent earl or potential Pt �c e� or outer 13 used to obtain written instruction from the container. liability, To protect against or prevent actual or potential T'Ploymnt Beckgrou� baud, unauthorized tram, clabns or other Subscriber agrees not to use Credit I leadcr information for any other Pale a violation Subscriber understands agrees that use of Credit Header Information for any other put" may Financial Modernization Act of 1999 (15 U.S.C. Section 6801 et seq.). 1.2 %n t AMM Number: Applicant wishes for the users of this account to have access to the full SSN, when available. Please give a detailed explanation of the reasons a full SSN is required. r r _ n n 2.1 R tJt; Subscriber certifies that the Subscriber is the end user of consumer information obtained via this Agreement, and that the information shall not be resold. 3.1 A ass Security Re u' The attached document entitled "Access Security Requirements, Revised 1130/2009" is hereby incorporated into the terms of this Agreement. 4.1 TCMi� natio n ofCo_ntract• DCS shall immediately terminate this contract and Subscriber's access to the data in DCS files if Subscriber fails to comply with the provisions ofthis Agreement, or if DCS becomes aware of any violation by Subscriber of the foregoing restrictions' Vol. 207 Pg. _-? `i 6� 5.1 pliance with Laws. The Subscriber and Subscriber's employees,, agents and contractors shall comply with all applicable federal, state and Iocal laws, statutes, codes, ordinances, rules �e regulations, odth e orders and decrees of any court or administrative bodies or tribunals in any matter affecting t � visions of the Agreement. By signing this Agreement, the Subscriber certifies that it will comply Pro Crmmm- Leach- Bliley Financial Modernization Act of 1999 (15 U.S.C. Section 6801 et seq.), including but not limited to, limiting usage to the permitted uses under that Act. 6.1 LimitationofLiability. T' heSubscribershe,, saveharmlessDCSfrotnenyliabiGtywhichmayarise from the Subscriber's use of the Credit Header and Subscriber's failure to comply with the restrictions contained in this Agreement or imposed by the state, and DCS makes no representation or warranty to the use, result, or amuracy of data obtained from the Credit Header database. 7.1 Reservation of Right to Amend. DCs reserves the right to amend this Agreement at any time in order to insure compliance with all applicable federal and state laws, codes, ordinances, rules and reguls ' n ns Subscriber agrees to comply with such amendments. This Agreement is dated and executed on - -- Da C S C R theme Duane Petere By Tilde County Judge Enter Subscriber's Account Number with DCS 59422 Enter Subscri'ber's Business Telephone Number 979- 361 -4992 4 Vol. 207 Pg.2 B Access Security Requirements W e must work together to protect the privacy and Information of consumers. The following re pormat��s roes mlp�ment measures are designed ID reduce unauthorized access 10 consumer information. tt is you responsibility to employ an tteae Controls. 8 you do not understand these requirements ar rued assfatarue. k is your far k1 Gl�aarY attached outside service pro'�er ro assist you. CapNalized terms used herein have to the meaning 9�n Requirements without hereto. The credit reporting agency' reserves the right ro make chDr ties ro Access setxrrlry Information security. notification. The kd rilsition Pro vided herewith provides minimum follow thesef ssecurity requirements: In aging the credit reporting agencys services, You agree w....... Q20 nl Measures 1. h,� ... -- - -' credit reporting agency Subscriber Codes a passwords ro eryone. No one from the 1.1 Do not provide ever Domed You and request your Subscriber Code number or Password. credit reporting agency must have crad8 reporting ages Subscriber Codes and 1.2 Proprietary or third Party system access software passwords) hidden or embedded. Account numbers and passwords should be known only by supervi%arY Personnel' word be cFwnged lmmedlateN when: 1.3 You must request your Subscriber Bdb� system access software or is no longer used: • any system access software • the hardware on vncidn the software Subscriber Code() and password() so that ad� personnel know this 1.4 Protect credit on Unauthorized agencY nel staukd not have knowledge of Your Subscriber Code(s) and aernsfiNe information Unaulhaired Derso^ pass++ordea 1.6 Create a separate, unkue user ID for each user ro enable indYVldual anidnen s aanuU biltY for have software access to the credit reporting agencys infrastnwture. Each user of the system a unkue kgon password. 1.6 Ensure that user IDs we not shared and that no peer-to-Peer file sharing Is enabled on time users' 1.7 Keep user Passwords Confidential. 1.8 Develop strong passwords that are: me. repeating consecutive numbers and letters of consecutive Not easity guessable (i.e. your name or company na �mnb�s and letters) al /numer c cfiaracters ror standard user accounts Contain a minimum of seven (7) ph a 1.9 Implement password protected screensavers with a mandmum fifteen (16) minute 6meout to Protect unattended workstations. configured with a 30 minute Inactive session, timeout. 1.1 o Active login to credit informatlDn ale have execs t credit information. 1.11 Raauict the numberr of who personnel who have ro creel t information have a business need to access 1.12 Ensure that Person such information and understand these requirements to access such Information are only for the permissible purposes listed in the Permissible Purpose Information section of your membership application- 1 any family A 3 Enure that You and your employees do rat access your own credit reports permissible purpose. 1.14 implement m fnt a pm unless terminate access rights immediately Iediate� ly f�a sera who access credit reporting agency 1.14 Implement a process credit information when (hose users are terminated or when they have a change In their Iod tasks and no longer require access to that credit information. 1.16 After normal physical business ontrollsNro and lock prevent an systems try to your facility and Isr pass o systems 1.18 Implement Physka Y used a obtain credit Information. 2. y3aln% a Vulnambllity Manapeme0tl'rostrem personal computers (laptop and desktop) and all 2.1 Keep oPeratin9 aystem(s). Fl Os. Routers. servers, other systems current with appropriate system patches and updates. to industry 2.2 Configure infrastructure such as Flrewells, Routers. personal computers, and similar comdefault best seconlY Practices, Including disabling unnecessary services or fea"ers. removing or changing passwords, IDs and sample fileWProgrems, and enabling the most secure cortiguratlon features to avoid unnecessary risks. and 2.3 Implement and follow cement best security practkas for Computer Virus detection scanning services procedures: • Use, implement and armsaie�tem end necommerc�ry avail able computer Virus detectioriscannMg product on all compu Vol. 207 Pg. . )— • If you suspect an actual or potential virus, immsdietey cease accessing the system and do not resume the Mqulry process until the virus has been eliminated. • On a weekly basis at a minimum, keep anti-virus software up to date try vigilantly checking or configuring auto updates and installing new virus definition MOO. 2.4 Implement and follow current beat security practices for computer anOSpyware scanning services and procedures: • Use, Implement and maintain a curero, commercially avaiable ODMPUWf ant �pyware scanning product on all computers. systems and networks. • If You sus Pad Process Potential pyw re, has Immediately Cease accessing the system and do not resume the Inquiry been resolved and eliminated. • Run a secondary snn"pyware scan upon completion of the first scan to ensure aG Spyware has been removed from yore computers' or configuring auto updates erxl Installing • Keep anfiSpyware software up�to -date by vigilantly checking _ new anti•Spilware definition files weekly. at a minimuumm�, your meoo� nrry s pubs s�, or unblocked access to the Internal (which prevents recommended that en"pyware scans be completed more frequently than weekly. 3. Prated Dads Its entire information ldecycle 3.1 Develop and follow procedures to ensure that data is protected lhragtwul (from creation, transformation, use, storage and sears destruction) regardless of the media used to store the data (.e., tape, disk, paper. etc.) 32 AV credit reporting agency data is classified as Confidential and muss be secured to this requirement at a minimum. 3.3 Procedures for transmission, disclosure, storage, destruction and arty other Information modalities or media should address 80 aspects of the lifecycie of the Information. and In the 3.4 Encrypt all credit reporting agency data and Information when stored on any laptop computer database using AES or 3DES with 128-0N key encryption at a minimum. 3.5 Only open email attachments and links from trusted sources and after verifyng legitimacy. 4. Ordain an hHrnlrt��+ Sawrlty Policy pt consumer 4.1 Develop and follow a sewrHy plan to protect the Confderrtleldy and Idegrity personal Information as required under the GLB Safeguard Rule. 4.2 Establish processes and procedures for responding to security vtaations, unusual or suspidws events and similar irwAeds to fth damage or unauttcnzed access to Information assets and to permit Identification and prosecution of violators. measures to dispose of any sensitive 4.3 The FACTA Disposal Rules requires that you Implement appropriate information related to consumer credit reports and records that will protect against unauthorized soceas or use of that Information. 4.4 Implement and maintain ongoing mandatory security training and awareness sessions for all staff to underscore the Importance of security within your organization. �tL end Naidaln a Secure Netwo g, 5.1 Protect r Interret connections with dedicated, industry- recognized Flrewalls that are configured and managed using Industry best security practices. 8.2 internal private Internet Protocol (IP) addresses must not be publicly accessible or natively routed to the Intemet. Network address translation (NA) technology secure internal should edused. 5.3 Administrative access to Flrewalls and servers must be performed throug T connection only. 5.4 Any stand alone computers that directly access the Internet must have a desktop Firewell deployed that is Installed and configured to block unnecessary/unused ports, services, and network tragic. 5.5 Encrypt Wireless access points with a minimum of WEP 128 bit encryption, WPA encryption where available. 5.8 Disable vendor default passwords,.SSIDs and IP Addresses on Wireless access Pants and restrict authentication on the configuration of the access point. 8. Rear.ladv MCnflor and Tact Networks 8.1 Perforn regular tests on Information systems (part scanning, virus scanning, vulnerability scanning). 8.2 Use current best practices to protect your telecommunkanons systems and arty computer system or network deve(s) You use to provide Services hereunder to access credit redit reporting agency systems end networks. These contras should be selected and implemented to reduce the risk of Infiltration. hacking, access penetration or exposure to an unauthorized third party by • protecting against intrusions, Vol. 207 Pg. ;2/r7 • securing the computer systems and network devices; • and protecting against Intrusions of operating systems or software . Record RetenNom: The Federal Equal Opportunities Act states that a creditor must preserve a0 Wiffen or recorded krformatkn connected with an application for 25 mondrs. in keeping with the ECOA, the credit mporft agency requires that you retain the credit application and, If appllcebta, a purchase agreement for a period of riot less then 25 months. When conducting an Investigation, perhadedy k&m*V a breach or a consumer compkWnt that your cartoany impermissi Ny accessed their credit report, the credit repaning agency will contact you aril wN requeat a copy of the oiglnat apPIkatkn signed by the consumer or, ff appikabk, a COPY of the sales ocntract. 'Under Section 621(a) (2) (A) of the FCRA, any person that vklatas any of the proAtlons of the FCRA may be liable for a Civil penalty of not more than $2,500 per vklation.' Vol. 207 Pg..3od Fir .77.11 Term Deflnftlon Computer Vints A Computer Virus is a self- replfcating computer program that alleys the way a computer operates, without the knowledge of the user. A true virus replicates and executes Itself. While viruses can be destructive by destroying data, for example, some viruses are benign or merely annoy(na. Confidential Very sensitive Information. Disclosure could adversely Impact your corn Encryption Encryption Is the process of obscuring information to make it unreadable without special k Fins"! In computer science, a Firewall Is a place of hardware and/or software which funclkm in a networked environment to prevent unauthorized external access and some communications forbidden by the security policy, analogous to the function of Fire+wals to building construction. The ultimate goal is to provide controlled connectivity between zones of differing trust levels through the enforcement of a security and connect model based on the least privilegis Information (Or Date IBecycle) Is a management program Chet considers this value of the Lifecycle information being stored over a period of time, the cost of its storage, tts need for availability for use by authorized users, and the period of time for wlnloh it must be retained. IP Address A unique number that devices use in order to Identify and communicate with each other on a computer network utilizing the Internet Protocol standard (IP). Any AN participating network devices - Including routers, computers, timeservers, printers, Internet fax machines, and some telephones - must have its own unique IP address. Just as each street address and phone number uniquely Identifies a building or telephone, an IP address can uniquely Identify a specific computer or other network device on a network. it is Important to keep you IP address secure as hackers can gain control of your devices and possibly launch an attack on other devices. PeerdaPer e A type o1 communication found in a system that uses layered protocols. Peer -to- Peer networking Is the protocol often used for reproducing and distributing music without permission, Router A Router Is a computer networking device that forwards data packets across a network via routing. A Router acts as a )unction between two or more networks transferring data packets. Spyware Spyware refers to a broad category of malicious software designed to intercept or take partial control of a computer's operation without the consent of that machine's owner or user. In simpler terns, spyware Is a type of program that watches what users do with their computer and then sends that information over the Internet. s91D Part of the WI-Ft Wireless LAN, a service set identifier (SSID) is a code that Identifies each packet as part of that network. Wireless devices that communicate with each other share the same SSID. Subscriber Code Your seven digit credit reporting agency account number. WEP Encryption (Wired Equivalent Privacy) A part of the wireleas networking standard intended to Provide secure communication. The longer the key used, the stronger the encryption will be. Older technology reaching its end of life. WPA (Wi-R Protected Access) A part of the wireless networking standard that provides stronger authentication and more secure communications. Replaces WEP. Uses dynamic key encryption verses static as In WEP (key is constantly changing and thus more difficult to break than WEP). Vol. 207 Pg. 30% COMMISSIONER COURT MINUTES OF SEPTEMBER 2, 2014 ARE CONTINUED IN VOLUME 208 PAGE 1 Vol. 207 Pg. 3c� COMMISSIONER COURT MINUTES OF SEPTEMBER 2, 2014 ARE CONTINUED FROM VOLUME 207 Vol. 208 Pg. 17 I T® Document G701" - 2001 Change Order PROJECT(N2me and address): CHANGE ORDER NUMBER: 1 OWNER:® BRAZOS COUNTY TAX OFFICE DATE: August 22, 2014 ARCHITECT: 4151 COUNTY PARK COURT BRYAN, TX 77802 CONTRACTOR: CD TO CONTRACTOR (flame and address): ARCHITECT'S PROJECT NUMBER 212147.00 FIELD: ❑ LOF CONSTRUCTION, INC. CONTRACT DATE: March 1& 2014 MR. LYNN FOSTER 25275 BUDDE RD., STE. 6 CONTRACT FOR: General Construction OTHER: ❑ SPRING, TX 77380.2287 me)/`�� THE CONTRACT IS CHANGED AS FOLLOWS: (hulude. where applicable, any undisputed amount attributable to previold/y executed Cmsstruction Change Directives) 1. Add for Request for Extension of Time No. 4, delay in return of steel shop drawings (July 28 thru August I and August 4 thru 8). ADDXIO Days The original Contract Sum was : 2.879,000.00 The net change by previously euihori=d Change Orders S 0.00 The Contract Sum prior to this Change Order was $ 2,879,000.00 The Contract Sum will be increased by this Change Order in the amount of $ 0.00 The new Contract Sum including this Change Order will be $ 2,879,000.00 The Contract Time will be increased by Ten (10) days. The date of Substantial Completion as of the date of this Change Order therefore is NOTE: This Change Orderdoes not include changes in the Contract Sum. Contract Time or Guaranteed Maximum Price which have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor, in which case a Change Order is executed to supersede the Construction Change Directive. NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER BROWN REYNOLDS WATFORD LDF CONSTRUCTION, INC. BRAZOS COUNTY, TEXAS ARCHITECI'S. INC. ARCHITECT (Firm name) CONTRACTOR (Firm name) OWNER (Firm name) 2700 EARL RUDDER FWY. SOUTH, 25275 BUDDE RD., STE. 6, SPRING. TX 200S. TEXAS AVE, STE. 352. BRYAN, STE. 4000, COLLEGE STATION, TX 77380.2287 77803 77845 APDRES1I S BY (Signature) BY (Si Lure) BY (Si lature) MR. RAY HOLLMAY MR. LYNN FOSTER MR. DUANE PETERS (Typed nam�e) (Typed name) (Typed me)/`�� August 22, 2014 °j�ZlL7 DATE DATE DATE AIA Document G701- -2001. Capydght O 1979, 1987.2000 and 2001 by The American Inadtme c( ArMitects. All rights reserved. WARNING: This AIAe DocumeM Is protected by U.S. Copyright Law, and Internadanal Trestles. Unauthorized reproduction or distribution of this AIAs Document, or any potion of a, may result In severe civil and criminal penalties. and will be prosecuted to the maximum extern possible under the law. This occurrent was produced by Auk software at 08:04:54 on 08/2212014 under Order No.4525401952 1 which expires on 07131/2015, and is not for resale. Usar Main: (1851344200) Vol. 208 Pg. V I 96084 N AHI ENTERPRISES LLC D 16120 COLLEGE OAK # 105 0 SAN ANTONIO TX 78249 R L OPEN PO FOR PRINTING SUPPLIES REQUISITION NO. 00048179 PAGE NO. 1 7 S H F- BRAZOS COUNTY - J. P. PCT. 3 1 1500 GEORGE'BUSH DR P COLLEGE STATION, TEXAS 77840 J T 979- 693 -2695 0 ATTN: B LEWIS 7 J REQUESTED DATE: 08 /22/14 1 REQUIRED DATE: 08/22/14 PURCHASE ORDER: BUYER:B LEWIS APPROVAL GROUP: JUSTICE OF THE PEACE PCT FREIGHT: EXTENSION/ LN /ST COMMODITY STOCK NO QUANTITY UOM UNIT PRICE TAX /TRADE -IN 01 1.00 700.0000 700.00 P OPEN PO FOR COPIER PRINTING SUPPLIES 0.00 0.00 TOTAL PRICE 700.00 DIV /FUND ACCOUNT PROJECT ACCOUNT CHARGE AMOUNT 24005300 60170000 700.00 APPROVED \ BY: �Y � � COUNTYJUDGE BARBIE LEVAS DEPARTMENT PURCHASING Vol. 20 8 13g. #AIA Document G701" - 2001 Change Order PROJECT (Name and adWints): CHANGE ORDER NUMBER:I OWNER:® BRAZOS COUNTY TAX OFFICE DATE: August 22, 2014 ARCHITECT: 4151 COUNTY PARK COURT BRYAN, TX 77802 CONTRACTOR: TO CONTRACTOR (Name and address): ARCHITECT'S PROJECT NUMBER: 212147.00 FIELD: ❑ LDF CONSTRUCTION, INC. CONTRACT DATE: March 18, 2014 25275 BUDDE RD., STE. 6 CONTRACT FOR: General Construction OTHER: ❑ SPRING, TX 77380 -2287 THE CONTRACT IS CHANGED AS FOLLOWS: (Include, where applicable, any undisputed amount attributable to previously wended Construction Change Directives) I. Add for Request for Extension of Time No. 4, delay in serum of steel shop drawings (July 28 thru August I and August 4 thru 8). ADDZIO Days The original Contract Sum was - $ 2.879.000.00 The net change by previously authorized Change Orders 1 0.00 The Contract Sum prior to this Change Order was $ 2,879,000.00 The Contract Sum will be increased by this Change Order in the amount of 5 0.00 The new Contract Sum including this Change Order will be $ 2,879,000.00 The Contract Time will be increased by Ten IN) days. The date of Substantial Completion as of the date of this Change Order therefore is NOTE: This Change Order does not include changes in the Contract Sum, Contract'fime or Guaranteed Maximum Price which have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor, in which case a Change Order is executed to supersede the Construction Change Directive. NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER BROWN REYNOLDS WATFORD LDF CONSTRUCTION, INC. BRAZOS COUNTY, TEXAS ARCHITECTS. INC. ARCHITECT (Firm mine) CONTRACTOR (Firm name) OWNER (Firm name) 2700 EARL RUDDER FWY. SOUTTI. STE. 4000, COLLEGE STATION, TX 77845 ESS BY I lalurei MR. RAY HOLLIDAY (Typed era DATE 25275 BUDDE RD.. Sl'G. 6. SPRING, TX 200S. 77380.2287 BRYAN, MR. LYNN FOSTER MR. DUANE PETERS (Typed Home) August 22, 2014 (fypedAyupe) I/ Llj 1214 DATE DATE I AIA Ooeumenl0701 ° - 2001. Copyright C 1079. 1987, 2000 and 2001 by The American Institute of Architects. All rights maned. WARNING: This AIM Document is protected by U.S. Copyright law and International Trestles. Unauthorized &production or distribution or this Al A° Document, many portion of a, may result In asvere clvll and criminal penalties, and will be prosecuted to the maximum edant possible under the low. This document was produced by AU software at 08:04:54 on 0822/2014 under Order No.4525401952 1 which expires cn 07t31(20 IS. and is nol for reads. Uesr Notes: (1951344200) Vol. 208 Pg. 4Z BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT: Road & Bridge MEETING DATE: September 2, 2014 SUBJECT: Temporary Utility Permit _Halcon Resources Consider and take action on the Halcon Resources utility permit to install temporary 10" aluminum water line along the right -of -way of Coyote Run. Project will provide water to oil well. Site is located in Precinct 2. SUBMITTED BY: J V. Salvato Right of Way Agent Commissioner Precinct 2 This request is APPROVED / DENIED ❑ by Commissioners' Court `Q �'� - - Duane Peters, County Judge DATE: 9- Vol. 208 Pg. ,5° APPLICATION FOR WATER UTILITY PERMIT DESIGNATING PLACEMENT OF UTILITY IN COUNTY RIGHT OF WAY TO: THE-COUNTY ENGINEER OF BRAZOS COUNTYi TEXAS Pursuant to the Texas Utility Code, Section 181.024, comes now Halcon Resources [company name], hereinafter referred to as "Company" a Texas [state] Corporation, with authority to transact business in Texas, acting by and through its duly authorized representative, and hereby petitions the County Engineer for the right to lay, construct, maintain, repair and/or operate a gas facility under, over, across and/or along certain County Roads as shown on drawings and diagrams attached hereto and said location described as follows: Facility to Cross Road Road Name & Block Number Length of Crossin TYPE OF CONSTRUCTION CHECK ONE De th Distance Bored Lacked Driven Cased Coyote Run N 30 41 22.13 N 30 41 32.24 On Surface 0.28 miles 1 485' W 96 I7 57.21 W 96 18 09.45 FM 1179 End of Road Facility to Parallel Couary Road Within Right- Of•Wav Road Name and Block Number From To De th Distance Coyote Run N 30 41 22.13 N 30 41 32.24 On Surface 0.28 miles 1 485' W 96 I7 57.21 W 96 18 09.45 FM 1179 End of Road CONSTRUCTION TYPE 10„ Diameter Wall Thickness Material Specification Aluminum Maximum Operation Pressure 50 PSI PROJECT WILL LAY 10" ALUMINUM WATER LINE THRU CULVERT FOR APPROX.7 DAYS The location and description of the proposed installation and appurtenances must be fully shown on the attached detailed drawings. The Company shall commence actual construction /work in good faith within 60 days from the date of said permit and shall complete said construction /work within 7 working days. (COMPANY MUST FILL TNj. If such construction is not begun by the 60 day, Company will be required to apply for a new permit. Company declares that prior to filing this application, it has ascertained the location of all existing utilities, both aerial and underground, and the filing of this application is prima facie evidence that the proposed installation will not conflict with any existing utility. A copy of this permit shall be kept at the job site any time work is being performed. It is expressly stipulated that this Permit is a license for permissive use only and that the placing of facilities upon public property pursuant to this permit shall not operate to create or vest any property right in said holder. It is understood and agreed that the rights and privileges herein set out are granted only to the extent of the County's right, title and interest in the land to be entered upon and used by the holder and the holder will at all times assume risk of and indemnify, defend and save harmless Brazos County from and against any and all loss, damages, cost or expense arising in any manner on account of the exercise or attempted exercise by said holder of the aforesaid rights and privileges. Vol. 208 Pg. Any deviation from these specifications must be approved by Brazos County Engineer's Office or its designated representative. Approval of County Engineer's Office may take as long as two weeks after complete application is received. Applicant agrees to comply with all Hiles of the County Commissioners and the County Engineer in construction of said installation attached hereto as BRAZOS COUNTY DESIGN STANDARDS AND SAFETY PRECAUTION REQUIREMENTS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY and incorporated herein for reference. In the event Company fails to obtain a permit prior to the installation or does not install utilities in compliance with installation requirements set forth herein (ie. depth, location, etc), Company assumes all financial responsibility for damages and/or destruction of lines, cables, etc based upon its failure to comply with Brazos County requirements. Applicant agrees that if Brazos County demonstrates a violation of the terms of this polity, Applicant stipulates that requisites for injunctive relief exist and that Brazos County is entitled to relief enjoining any conduct by applicant which is conlrary to the policies. This permit is a revocable permit Brazos County reserves the right to revoke this permit at any time, in the sole discretion of Brazos County, for interests of public health, safety or welfare, or for failure to repair any damages upon demand, or for any other reason deemed sufficient by Brazos County. In the event Company fails to comply with any or all of the requirements as set forth herein, the County may take such action as it deems appropriate to compel compliance. The County Engineer further relains the right to revoke this Permit by verbal notification to the Applicant/Company. Failure to obtain this permit and/or notify the County Engineer's Office within 24 hours of beginning construction shall constitute grounds for jab shutdown. By signing below, I certify that I am authorized to represent the Company listed below, and that the Company agrees to the conditions /provisions included in this permit. IJalcon Resources Company Name Joe Mc] ain B�y^. m e fin„ _. Signa e Water Rcsources Title 2700 Earl Rudder Frwv 91goo Address Colleuc Station Tx 77845 City State Zip 817 - 734 -4433 Telephone Number Jlylelainl live gom Email: Vol. 208 pg. 7 WATER UTILITY APPROVAL Brazos County offers no objection to the proposed location of the utility in the County right of way as shown by accompanying drawings and notice dated DA 28 - J/V except as noted below: (MondmaylYear) EXCEPTIONS: PIP[ M6,7 BE MAdyip AILMi, NFAVV MZM 4✓6y7 ? how lwtA��g Brazos County Engineer ' st�ore / 4YE Title Vol. 208 Pg. 9 "f 41 E af' ed .. 6111 _ j� sir; Ilk 10 BRAZOS COUNTY ROADWAY SAFETY AND ROAD PRESERVATION' STANDARDS FOR WORK CONDUCTED IN' BRAZOS COUNTY RIGHTS OF WAY A. General Requirements I. Adequate drainage shall be maintained in ditches at all times. 2. Permittee will use best management practices examples of BIDIPs) to minimize erosion installation. ('BMP ") (EPA and TCEQ both provide lists of and sedimentation resulting from the proposed 3. The permittee shall take precautions to avoid damage to property. All County Right of 11'ay and property shall be restored to its original condition, as far as practical, in the opinion of the County Engineer or appointed representative. 4. The construction and maintenance of such utility shall not interfere with the property or rights of a prior occupant. i. Permittee shall not interfere with other utilities located in the right of way. In the event damages occur, permittee will be liable to the County or other utilities running through the right of way. 6. County Engineer shall determine whether or not permittee's plans shall inconvenience the public. If it is determined that inconvenience to the public exists, then the County Engineer will decide whether such project will be allowed or if an alternative exists so as not to inconvenience the public. B. Safely Requirements 1. Proper traffic control measures must be put in place prior to beginning work and remain in place during the duration of the job. All traffic control measures must follow the Texas i•lanual of Uniform Traffic Control Devices (TN1UTCD). See Traffic Control Requirements belo%%. 2. During construction, all safety regulations of the Texas Department of Transportation shall be observed. 3. Permittee must take such precautions and measures, including placing and displaying safety devices, as may be necessary, in order to safely conduct the public through the project area. Company shall provide flagmen, signs, signals or devices necessary to provide complete safety to the public. 4. Adequate provisions must be made to cause minimum inconveniences to traffic and adjacent property owners. :. No cable, conduit and/or pole line shall be laid, constructed, maintained and/or repaired so as to constitute a danger or hazard of any kind to persons or vehicles using such road. Any poles placed in the Right of Nay for future installation shall be placed at the back of the Right of Wray. Exceptions maybe approved by the County Engineer. C. Traffic Control Plan A traffic control plan, pursuant to the TMUTCD or Engineered Traffic Control Plan must be provided for the following: a. any construction (i.e. pit, excavation, hole) left open overnight, requires specifil s nighttime traffic control measures pursuant to the TIv1UTCD; b. if construction is within ten (10) feet of the roadway; or c. any work performed in the road right -of -way; Vol. 208 Pg. %U 2. Plan must be attached to the permit and kept at the job site any time work is being performed. 3. Plan must set forth the time of completion for the job. D. Design Standards All overhead installations shall conform to clearance standards of the Texas Department of Transportation and the pole be placed in the designated area for power specified as set forth in the Texas Utilities Code, Section 181.045. 2. All pole installation (including lighting) shall be placed at the backside of the Right of Way to ensure safety to the public.. Any pole placed in violation of this requirement will be required to be moved to the appropriate location at the company's expense. Exceptions may be approved by the County Engineer. 3. All underground installations shall (these are minimum depths — utility may place deeper): a. be placed at a minimum depth of forty -eight (48) inches below the top of the pavement; b. be at least thirty -six (36) inches below ditch flow line when installation is within the area measured from top of bank to top of bank; c. be at least forty -eight (48) inches below ditch flow line if low pressure gas or petroleum lines. For high pressure gas and petroleum lines, see High Pressure Pipelines requirements listed below; d. not be closer than ten (10) feet from the edge of pavement. Exceptions may apply in rights of way of less than 60% 4, Water Lines: All water lines must be a minimum 36- inches below the ditch floc line and cased. Waterlines shall be cased if crossing under the roadway. 5. Utilities in all new developments that have 60 feet or greater of right of way shall be installed within designated locations based upon the type of utility. The locations shall be as follows: (measured from back of right -of -way). Power -0 -2 feet, nominally P Phone - 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 -w-ay in all new developments shall install the utility in a similar manner as referenced in 'No. 3 above, however, the County Engineer or its designated representative will provide final approval of each utility location. 7. The length of any trench to be opened in advance of the pipe: conduit or ducts may not he longer than 400' if left open over night or unattended. 8. Crossings under a county road shall: a. be bored orjacked. ABSOLUTELY NO OPEN CUTS WITHIN COUNTY ROAD PAVEMENT: b. be pressure grouted for the full length of the crossing if the annular space between pipe and casing and soil exceeds one (I) inch. Brazos County must be given 24 hours notice of pressure grouting operations and have the opportunity to have an inspector on site to observe pressure grouting operations; c. TxDOT Standard Specification Item 476 shall be followed for all boring, jacking, tunneling andjoints Vol. 208 Pg. / I 9. Bore Pits a. no pits shall remain open longer than 2 days; b. all pits shall have proper traffic control measures in place. See Traffic Control Plan listed above. c. pits shall NOT be located within ten (10) feet from the edge of pavement without prior - - ...._approval from. -the County Engineeror his representative; d. when pits are to remain open for more than 8 hours, due diligence twill be used in protecting the spoil pile to prevent drainage problems; e. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity; f. based upon soil conditions, the County Engineer or his representative may require pits be placed further from the edge of road. 10. Any installation within ten (10) feet of edge of pavement shall meet the following: a. location must be approved by the County Engineer or his representative b. backfilled with cement stabilized material. c. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity. d. all excess water and mud shall be removed from the trench prior to backfilline. Any backfill placed during a rainy period or at other times where excess water cannot be prevented from entering the trench will be considered TEMPORARY and shall be replaced with PERMANENT cement stabilized material as soon as weather permits; e. all disturbed base and pavement materials shall be removed and restored to the satisfaction of the County Engineer or his representatives. f. no side or lateral tamping to fill voids under the base and pavement materials is allowed. 11. Company must be careful to not jeopardize the slope or integrity of the shoulder of the road. In the event Company damages the slope, shoulder or any other portion of the right =of- -way, Company will be responsible for repairing the damage and replacing the right -of -way to the condition it was prior to commencing construction. 12. Operation of construction and /or maintenance equipment on the traveled surface of any improved County road will not be permitted, except in an instance whereby the laying, construction: maintenance and %r repair of cables, conduits and/or pole lines cannot be accomplished by any other method and in this event all such equipment shall be of the rubber tire variety. Appropriate traffic control shall be provided meeting TMUTCD requirements. 13. In the event said construction and/or maintenance and/or repair requires Company to remove. cut or jeopardize any section of the road (asphalt, cement, road base, etc.), Company will be required to provide a performance bond or letter of credit securing necessary repairs. Said bond amount will be determined by the County Engineer. la. The applicant shall submit a letter of `No Objection" from the Army Corps of Engineers for all designated wetlands and environmentally sensitive lands. E. Emergency work 1. In the event Company is required to perform emergency services, that requires excavation in a County Right of Way, and unable to notify the County Engineer prior to conducting emergency repairs, Company shall notify County Engineer within 24 hours of beginning constructionfrepairs. This will allow the County Engineer's Office an opportunity to inspect the site to ensure the integrity of the County Right of Way and traffic safety controls used. Vol. 208 pg. /.'I- F. Repairs lo eristing facilities 1. Maintenance and'or repair to existing cables, conduits, and'or pole lines which require disturbance of _the soil, shall, not..be performed. until -plans describing such maintenance and /or repair have been approved by the County Engineer or its designated representative and a permit has been obtained. G. Relocation of utilities When and if the County Engineer determines that it is necessary for the construction, repair, improvement, alteration or relocation of all or any portion of said road, any or all poles, wires. pipes, cables or other facilities and appurtenances authorized hereunder, shall be removed from said road, or reset or relocated thereon, as required by the County Engineer within a reasonable time as determined by the County Engineer and Utility Company, and at the expense of the Utility Company. II High Pressure Pipelirtes I. All utility Permits for high pressure pipelines (generally 60 PSI or greater), whether pertaining to controlled access or non - controlled access installations, should contain the followine additional information in the description of the permit. - diameter -wall thickness - material specification minimum yield strength - maximum operation pressure of the pipeline 2. With the exception of the maximum operation pressure of the pipeline, this information is to be supplied for both the carrier pipe and the casing. 3. Assurance must also be given that the installation material and design meet the minimum Federal Safety Standards for Liquid and Gas Pipe Lines. Assurance must be provided on company letterhead and signed by an authorized representative of the company. 4. Petroleum Pipelines: Depth Twpe of Pipeline (below deepest ditch grade) Special Requirements Encased Pipe Less than 10' Must be covered with concrete pad at least 36" deep Encased Pipe Greater than 10' No concrete pad required Non -Cased Pipe Less than 10' Must be covered with concrete pad at least 48" deep Non -Cased Pipe Greater than 101 No concrete pad required The Concrete pad shall be minimum of Y thick and width shall be pipe diameter plus 18" minimum. 5. tinder 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. 208 Pg. !-3 N� rya R�S3�9� � � a � 9 g Sig 6 9als.$.g glgl Wr�3� 11z9a e_F's -e ii= y Q �$!3 I _ -• V ■a �; ggj —t° tick ae ��k_ 8f89 L -1 °Erie .1 E =��• F� ��x irl.,'�$I�� �£� 'e "' yF ifcoY•k_Fe'p �p�_h ( =fs_. cc�ti: s�sxs - R * V ♦ +1 d 40.E ..vino +s • I • f r^r bt i a & � UF-J Y - 1 LL Z N g I Q O ¢ 7 f f• f = W v F J D N Q V Z O _ N N CCo W O C J u U S � w e � U WS w o� _ $ I O � O c " I as N � I i Y 'O Vol. 208 Pg. i a & � UF-J Y - 1 LL Z N g I Q O ¢ 7 Alf if = W v F J D N Q V Z O _ N N CCo W O C J u U S � w e � U WS w o� _ $ I O � O c " I as N � I i Y 'O Vol. 208 Pg. i N � 2 O CL '. I E Q I [5bk•` - F'a�E _ Vol. 208 Pg. i BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM ' DEPARTMENT: Road & Badge MEETING DATE: September 2, 2014 SUBJECT: Temporary Utility Permit – Halcon Resources Consider and take action on the Halcon Resources utility permit to install temporary 10" aluminum water line within and along the right -of -way of Dilly Shaw Tap Road. Project will provide water to oil well. Site is located in Precinct 2. SUBMITTED BY: — AAV901-- Joe . Salvato Right of Way Agent APPROVED BY: Commissioner Precinct 2 This request is PROVED / DENIED ❑ by Commissioners' Court Duane Peters, County Judge DATE: a Vol. 208 Pg. /� 20 TO:- THE COUNTY-ENGINEER-OF BRAZOS COUNTY, TEXAS Pursuant to the Texas Utility Code, Section 181.024, comes now Halcon Resources [company name], hereinafter referred to as "Company" a Texas [state] Corporation, with authority to transact business in Texas, acting by and through its duly authorized representative, and hereby petitions the County Engineer for the right to lay, construct, maintain, repair and/or operate a gas facility under, over, across and/or along certain County Roads as shown on drawings and diagrams attached hereto and said location described as follows: Facility to Cross Road Road Name & Block Number Length of Crossing TYPE OF CONSTRUCTION CHECK ONE Depth Distance Bored Jacked Driven Cased Dill • Shaw Tap Road N 30 45 38.79 N 30 46 13.94 On Surface 0.77 miles Dil(y Shaw Tap Road 80' 1 W 96 l9 53.38 (FM 2776 Facility to Parallel County Road Within Right-Of-Way Road Name and Block Number From To Depth Distance Dill • Shaw Tap Road N 30 45 38.79 N 30 46 13.94 On Surface 0.77 miles W 96 20 14.21 1 W 96 l9 53.38 (FM 2776 CONSTRUCTION TYPE 10" Diameter Wall Thickness Material Specification Aluminum Maximum Operation Pressure 50 PSI PROJECT WILL LAY 10" ALUMINUM WATER LINE THRU CULVERT FOR APPROX. 60 DAYS (9 -14 -14 to 11.14 -14) The location and description of the proposed installation and appurtenances must be fully shown on the attached detailed drawings. The Company shall commence actual construction /work in good faith within 60 days from the date of said permit and shall complete said construction /work within 60 working days. (COMPANY MUST FILL M. If such construction is not begun by the 60th day, Company will be required to apply for a new permit. Company declares that prior to filing this application, it has ascertained the location of all existing utilities, both aerial and underground, and the filing of this application is prima facie evidence that the proposed installation will not conflict with any existing utility. A copy of this permit shall be kept at the job site any time work is being performed. It is expressly stipulated that this Permit is a license for permissive use only and that the placing of facilities upon public property pursuant to this permit shall not operate to create or vest any property right in said holder. It is understood and agreed that the rights and privileges herein set out are granted only to the extent of the County's right, title and interest in the land to be entered upon and used by the holder and the holder will at all times assume risk of and indemnify, defend and save harmless Brazos County from and against any and all loss, damages, cost or expense arising in any manner on account of the exercise or attempted exercise by said holder of the aforesaid rights and privileges. Vol. 208 Pg. /4 Any deviation- from these specifications must be approved by Brazos County, Engineer's Office or its designated representative. Approval of County Engineer's Office may take as long as two weeks after complete application is received. Applicant agrees to comply with all rules of the County Commissioners and the County Engineer in construction of said installation attached hereto as BRAZOS COUNTY DESIGN STANDARDS AND SAFETY PRECAUTION REQUIREMENTS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY and incorporated herein for reference. In the event Company falls to obtain a permit prior to the installation or does not install utilities In compliance with Installation requirements set forth herein (i.e. depth, location, etc), Company assumes all financial responsibility for damages andlor destruction of lines, cables, etc. based upon its failure to comply with Brazos County requirements. Applicant agrees that # Brazos County demonstrates a violation ofthe terms of this policy, Applicant stipulates that requlsiles for injunctive relief exist and Not Brazos County is entitled to relief enjoining any conduct by applicant which Is contrary to the polities. This perntit is a revocable permit. Brazos County reserves the right to revoke this permit at any time, In the sole discretion of Brazos County, for interests of public health, safety or welfare, or for failure to repair airy damages pour demaad, or for any other reason deemed srrfflclemt by Brazos County. In the event Company fails to comply with any or all of the requirements as set forth herein, the County may take such action as Is deems appropriate to compel compliance. The County Engineer further retains the right to revoke this Permit by verbal notification to the ApplicmhdCompany. Failure to obtain this permit muUor notify the County Engineer's Office within 24 lours of beginning construction shall constitute grounds for Job shutdown. By signing below, I certify that 1 am authorized to represent the Company listed below, and that the Company agrees to the conditions/provisions included in this permit. Halcon Resources Company Name Joe Mclain M' Sig ure Water resources Title 2700 Earl Rudder Frwy, 41800 Address College Station Texas 77845 City State Zip 817- 7344433 Telephone Number Jmclainlnlive.com Email: Vol. 208 Pg. -7 WATER UTILITY APPROVAL Brazos County offers no objection to the proposed location of the utility in the County right of way as shown by accompanying drawings and notice dated 0 8 — Av - c-.90/'f except as noted below: EXCEPTIONS: (Month/Day/Year) /� dZ--W 04tIA(`e Brazos County Engineer ature ,FoW 4FMf Title Vol. 208 Pg. BRAZOS COUNTY ROADWAY SAFETY AND ROAD PRESERVATION STANDARDS FOR WORK CONDUCTED INI BRAZOS COUNTY RIGHTS OF WAY A. GeneralReq &iierilerits 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 Bf%fPs) to minimize erosion and sedimentation resulting from the proposed installation. 3. The pemrittee shall take precautions to avoid damage to property. All County Right of Way and property shall be restored to its original condition, as far as practical, in the opinion of the County Engineer or appointed representative. 4. The construction and maintenance of such utility shall not interfere with the property or rights of a prior occupant. 5. Permittee shall not interfere with other utilities located in the right of way. In the event damages occur, permittee will be liable to the County or other utilities running through the right of way. 6. County Engineer shall determine whether or not permittee's plans shall inconvenience the public. If it is determined that inconvenience to the public exists, then the County Engineer will decide whether such project will be allowed or if an alternative exists so as not to inconvenience the public. B. Safety Requirements 1. Proper traffic control measures must be put in place prior to beginning work and remain in place during the duration of the job. All traffic control measures must follow the Texas Manual of Uniform Traffic Control Devices ( TMUTCD). See Traffic Control Requirements below. 2. During construction, all safety regulations of the Texas Department of Transportation shall be observed, 3. Permittee must take such precautions and measures, including placing and displaying safety devices, as may be necessary, in order to safely conduct the public through the project area. Company shall provide flagmen, signs, signals or devices necessary to provide Complete safety to the public. 4. Adequate provisions must be made to cause minimum inconveniences to traffic and adjacent property owners. 5. No cable, conduit and/or pole line shall be laid, constructed, maintained and /or repaired so as to constitute a danger or hazard of any kind to persons or vehicles using such road. Any poles placed in the Right of Way for future installation shall be placed at the back of the Right of Way. Exceptions maybe approved by the County Engineer. C Traffic Control Plan A traffic control plan, pursuant to the TMUTCD or Engineered Traffic Control Plan must be provided for the following: a, any construction (i.e. pit, excavation, hole) left open overnight, requires specific nialittime 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. 208 Pg. A© 2. Plan must be attached to the permit and kept at the job site any time work is being performed. 3. Plan must set forth the time of completion for the job. D. Dealgn`Srmrdalls ___ 1. All overhead installations ihall conform to clearance standards of the Texas Department of Transportation and the pole be placed in the designated area for power specified as set forth in the Texas Utilities.Code,'Secdon 181.045. 2. All pole installation (including lighting) shall be placed at the backside of the Right of Way to ensure safety to the public. Any pole placed in violation of this requirement will be required to be moved to the appropriate location at the company's expense. Exceptions may be approved by the County Engineer. 3. All underground installations shall (these are minimum depths — utility may place deeper): a. be placed at a minimum depth of forty -eight (48) inches below the top of the pavement; b. be at least thirty -six (36) inches below ditch flow line when installation is within the area measured from top of bank to top of bank; c. be at least forty -eight (48) inches below ditch flow line if low pressure gas or petroleum lines. For high pressure gas and petroleum lines, see High Pressure Pipelines requirements listed below; d. not be closer than ten (10) feet from the edge of pavement. Exceptions may apply in rights of way of less than 60'. 4. Water Lines: All water lines must be a minimum 36- inches below the ditch flow line and cased. Waterlines shall be cased if crossing under the roadway. 5. Utilities in all new developments that have 60 feet or greater of right of way shall be installed within designated locations based upon the type of utility. The locations shall be as follows: (measured from back of right -of -way). Power — 0 -2 feet, nominally V Phone — 24 feet, nominally 3' Gas -4 -6 feet, nominally 5' Cable— 6 -8 feet, nominally 7' 6. Utilities with less than 60 feet right -of -way in all new developments shall install the utility in a similar manner as referenced in No. 3 above, however, the County Engineer or its designated representative will provide final approval of each utility location. 7. The length of any trench to be opened in advance of the pipe, conduit or ducts may not be longer than 400' if left open over night or unattended. Crossings under a county road shall: a. be bored orjacked. ABSOLUTELY NO OPEN CUTS WITHIN COUNTY ROAD PAVEMENT; b. be pressure grouted for the full length of the crossing 1F the annular space between pipe and casing and soil exceeds one (1) inch. Brazos County must be given 24 hours notice of 'pressure grouting operations and have the opportunity to have an inspector on site to observe pressure grouting operations; c. TxDOT Standard Specification Item 476 shall be followed for all boring, jacking, tunneling and joints. Vol. 208 Pg. ,"-/ 4. Bore Pits a.. no pits shall remain open longer than 2 days; - b. all pits shall have proper traffic control measures in place. See Traffic Control Plan listed above, c. pits shall NOT be located within ten (10) feet from the edge of pavement without prior ._ . ' `approval from "'the'County Engirieeb or his representati ve; 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; ff, based upon soil conditions, the County Engineer or his representative may require pits be placed further from the edge of road. 10. Any installation within ten (10) feet of edge of pavement shall meet the following: a, location must be approved by the County Engineer or his representative b. backfilled with cement stabilized material. c. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity. d. all excess water and mud shall be removed from the trench prior to backfilling. Any backfill placed during a.rainy period or at other times where excess water cannot be prevented from entering the trench will be considered TEMPORARY and shall be replaced with PERMANENT cement stabilized material as soon as weather permits; e. all disturbed base and pavement materials shall be removed and restored to the satisfaction of the County Engineer or his representatives. f. no side or lateral tamping to fill voids under the base and pavement materials is allowed. 11. Company must be careful to not jeopardize the slope or integrity of the shoulder of the road. In the event Company damages the slope, shoulder or any other portion of the right-of-way, Company will be responsible for repairing the damage and replacing the right -of -way to the condition it was prior to commencing construction. 12. Operation of construction and /or maintenance equipment on the traveled surface of any improved County road will not be permitted, except in an instance whereby the laying, construction, maintenance and/or repair of cables, conduits and/or pole lines cannot be accomplished by any other method and in this event all such equipment shall be of the rubber tire variety. Appropriate traffic control shall be provided meeting TMUTCD requirements. 13. In the event said construction and/or maintenance and/or repair requires Company to remove, cut or jeopardize any section of the road (asphalt, cement, road base, etc.), Company will be required to provide a performance bond or letter of credit securing necessary repairs. Said bond amount will be determined by the County Engineer. 14. The applicant shall submit a letter of "No Objection" from the Army Corps of Engineers for all designated wetlands and environmentally sensitive lands. E. Emergency work 1. In the event Company is required to perform emergency services, that requires excavation in a County Right of Way, and unable to notify the County Engineer prior to conducting emergency repairs, Company shall notify County Engineer within 24 hours of beginning construction/repairs. This will allow the County Engineer's Office an opportunity to inspect the site to ensure the integrity of the County Right of Way and traffic safety controls used. Vol. 208 Pg. ,2 F. Repairs to eristiug facilities L ,Maintenance and/or repair to existing cables, conduits, and /or pole lines which require disturbance of -the - soil,`shall not be performed until plans describing such maintenance and /or repair have been approved by the County Engineer or its designated representative and a permit has been obtained. G. Relocation of utilities I. When and if the County Engineer determines that it is necessary for the construction, repair, improvement, alteration or relocation of all or any portion of said road, any or all poles, wires, pipes, cables or other facilities and appurtenances authorized hereunder, shall be removed from said road, or reset or relocated thereon, as required by the County Engineer within a reasonable time as determined by the County Engineer and Utility Company, and at the expense of the Utility Company. K Nigh Pressure Pipelines 1. All utility Permits for high pressure pipelines (generally 60 PSI or greater), whether pertaining to controlled access or non - controlled access installations, should contain the following additional information in the description of the permit. - diameter -wall thickness - material specification - minimum yield strength - maximum operation pressure of the pipeline 2. With the exception of the maximum operation pressure of the pipeline, this information is to be supplied for both the carrier pipe and the casing. 3. Assurance must also be given that the installation material and design meet the minimum Federal Safety Standards for Liquid and Gas Pipe Lines. Assurance must be provided on company letterhead and signed by an authorized representative of the company. 4. Petroleum Pipelines: Depth Tvne of Pipeline (below deepest ditch grade) Special Requirements Encased Pipe Less than I W Must be covered with concrete pad at least 36" deep Encased Pipe Greater than 10' No concrete pad required Non -Cased Pipe Less than 10' Must be covered with concrete pad at least 48" deep Non -Cased Pipe Greater than 10' No concrete pad required The Concrete pad shall be minimum of 3" thick and width shall be pipe diameter plus 18" minimum. i. 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. 208 Pg. A 3 1 4t� c� ee XX eta 4$a3X8 =ry0@!_ i 01. �• xs. neE p;Iiii -- �i3 .;.a �g � �- � _��l s.gl�l2�3e� 2�f1 fb35 9 a Fl Eal !- ar =1�'s ng a 6iT�6 `_� - et- ey6'_ @g. i -E 1l II i i^ I�Efff= � €f 4 ss.y9.gals ggk�?ae ts�l 'iYE� ------------`-------- a®$Ti W O J O1 x o a 0 W LLJ t H H —CC S C;C 6 v O 3 .Vl�.b • I I 1 �N • �V ln•S. .NIMV. eESi I JNI n°'A I`Ca'�T .oal I .•c . f i to 't ��.. 1 W. a s .Gilds r• I :i 3 I • ..GI.Yy( ra r aki! i WIN uGl[w6 I /N L� w o0 +VI�GVS a a /N�nW I �Nlmy. Vol. 208 Pg. W o w � Ra S a y — ' $ fs v U 4 > V) Y K LU 7O f O I 8I o W ' U C c.i ~ Q U Y O � I -- DEPARTMENT: MEETING DATE: SUBJECT: 21 BRAZOS_COUNTY COMMISSIONERS' COURT ACTION FORM September 2, 2014 Private Property Access Request permission to enter private property owned by William Klemm located' on Grassbur Road. Project will repair erosion near bridge. Area will be filled and graded before rip -rap material is place to control erosion. Site is located in Precinct 2. SUBMITTED BY: APPROVED BY: J V. Salvato 4aummmy ena Right of Way Agent r Precinct 2 This request is OQAPPROVED / DENIED 0 by Commissioners' Court �,� _ ::: &�� z Duane Peters, County Judge Date: a Vol. 208 Pg. le^,rr,, op f e F f t 1 7y uE yN BRAZOS COUNTY PRIVATE PROPERTY ACCESS FORM E. Duane Peters R. Alan Munger, P.E. Brazos County Judge County Engineer Lloyd Wassermann 2nuos County Road a Bridge Dept. B Hwy 21 West Commoner Pot. 1 Bryan, Texas 77803 Office. 979. 822 -2127 Sammy Catalena Fax: 979- 775-0153 Camninfoner Pct. 2 ramungerabrazoscoun".9ov Kenny Mallard Commissioner Pct. 3 Irma Cauky Commimonar Pct.4 I. OWNER(S): William Klemm 11. ADDRESS: 9001 Grassbur Road Bryan, Texas 77808 III. LOCATION OF WORK: Same as above 16716 — W G Wilson Survey, A -243, Tract 5.1, 27.87 acres IV. DESCRIPTION OF WORK: Project will repair erosion near bridge located on Grassbur Road. Area will be filled and graded before rip -rap material will be placed on private property for erosion control. Additional Comments: V. MAINTENANCE: Yes No X IF YES, ESTIMATE FREQUENCY OF MAINTENANCE: N/A I (we) the undersigned owner(s) grant permission to Brazos County the ability to access the above mentioned private property for roadway maintenance purposes. • Signature: ""Z3, '?e R. Alan Munger, P. County Engineer Date: Jo V Salvato RiW of Way Agent Vol. 208 Pg. �� BRAZOS COUNTY COMMISSIONERS' COURT _ - ACTION FORM DEPARTMENT: Road & Bridge MEETING DATE: September 2, 2014 SUBJECT: Utility Permit — Wickson Creek Special Utility District Consider and take action on the Wickson Creek S.U.D. utility permit to construct road bore under Dilly Shaw Tap Road. This project will provide water service to customer at address #4897. Site is located in Precinct 2. SUBMITTED BY: ,4, 94449--- -�/ 04- - Jo V. Salvato Right of Way Agent APPROVED BY: This request is WA PROVED / DENIED ❑ by Commissioners' Court Duane Peters, County Judge DATE: Vol. 208 Pg. 2 17 APPLICATION FOR WATER UTILITY PERMIT DESIGNATING PLACEMENT OF UTILITY IN COUNTY RIGHT OF WAY TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS Pursuant to the Texas Utility Code, Section 181.024, comes now taTrx.cnm raEEx SPECIAL UTILITY DTSTRTCT [company name], hereinafter referred to as "Company" a Texas UfilitV [state] Corporation, with authority to transact business in Texas, acting by and through its duly authorized representative, and hereby petitions the County Engineer for the right to lay, construct, maintain, repair and/or operate a gas facility under, over, across and/or along certain County Roads as shown on drawings and diagrams attached hereto and said location described as follows: Facility to Cross Road Road Name & Block Number Length of Crossing TYPE OF CONSTRUCTION CHECK ONE) Bored Jacked Driven Cased DILLY SHAW TAP R D 0' X X Facility to Parallel County Road Within Right -Of•Wav CONSTRUCTION TYPE 1" Diameter Wall Thickness 1 1/2" encasement pipe Material Specification PVC Maximum Operation Pressure 80 PSI The location and description of the proposed installation and appurtenances must be fully shown on the attached detailed drawings. The Company shall commence actual construction/work in good faith within 60 days from the date of said permit and shall complete said construction /work within 1 working days. (COMPANY MUST FILL M. If such construction is not begun by the 60th day, Company­will be required to apply for a new permit. Company declares that prior to filing this application, it has ascertained the location of all existing utilities, both aerial and underground, and the filing of this application is prima facie evidence that the proposed installation will not conflict with any existing utility. A copy of this permit shall be kept at the job site any time work is being performed. It is expressly stipulated that this Permit is a license for permissive use only and that the placing of facilities upon public property pursuant to this permit shall not operate to create or vest any property right in said holder. It is understood and agreed that the rights and privileges herein set out are granted only to the extent of the County's right, title and interest in the land to be entered upon and used by the holder and the holder will at all times as risk of and indemnify, defend and save harmless Brazos County from and against any and all loss, damages, cost or Vol. 208 Pg. expense arising in any manner on account of the exercise or attempted exercise by said holder of the aforesaid rights and privileges. Any deviation from-these specifications must be approved by Brazos County Engineer's Office or its designated representative. Approval of County Engineer's Office may take as long as two weeks after complete application is received. Applicant agrees to comply with all rules of the County Commissioners and the County Engineer in construction of said installation attached hereto as BRAZOS COUNTY DESIGN STANDARDS AND SAFETY PRECAUTION REQUIREMENTS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY and incorporated herein for reference. In the event Company fails to obtain a permit prior to the installation or does not install utilities in compliance with installation requirements set forth herein (L e. depth, location, etc), Company assumes alifinancial responsibility for damages and/or destruction of lines, cables, etc. based upon ifs failure to comply with Brazos County requirements. Applicant agrees that if Brazos County demonstrates a violation q/ the terms of this policy, Applicant stipulates that requisites for injunctive relief exist and that Brazos County is entitled to relief enjoining any conduct by applicant which is contrary to the policies. This permit is a revocable permit Brazos County reserves the right to revoke this permit at any time, in, the sole discretion of Brazos County, for interests of public health, safety or welfare, or for failure to repair any damages upon demand, or for any other reason deemed sufficient by Brazos County. In the event Company fails to comply with any or all of the requirements as set forth herein, the County may take such action as it deems appropriate to compel compliance. The County Engineer further retains the right to revoke this Permit by verbal.notifrcation to the Applicant/Company. Failure to obtain this permit and/or notify the County Engineer's Office within 24 hours of beginning construction shall constitute grounds for job shutdown. By signing below, I certify that I am authorized to represent the Company listed below, and that the Company agrees to the conditions/provisions included in this permit. WICKSON CREEK SPECIAL UTILITY DISTRICT GENERAL MANAGER Title 8770 HWY 21 E, P.O. Box 4756 Address BRYAN TX 77808 City 79) 589 -3030 State Zip (9 Phone Number watston @wicksoncreek.com Email: Vol. 208 Pg. �% WATER UTILITY APPROVAL Brazos County offers-no objection to the proposed location of the utility in the County right of way as shown by accompanying drawings and notice dated UY' 0 8— �Vd except as noted below: (Month/Day/Year) EXCEPTIONS: NOW 0 A,,*V /Yf VAt 64< Brazos County En ineer ture BOW / &CM7 Title Vol. 208 Pg. 90 y' ySi k 0 N W W � Y 3� -i .EDi Q s S� z q0 O z 0 0 cc d O 9 O N r 0 d O s CT. w z CL Vol. 208 Pg. 39 ;�'`�- � �..,: n. �,:, n i. k ,i. ,R-• �; n i 0 v � �� C �{ t h: {_ ,`. p; ��±i: fir- �� � �� rv,;, '4. %�� ��_ f� y^' M 'F r [(L� ,. T�.q; ' /R' i' . i1 r •�•.�'1' ��J. .,�' �� y ., � �n�s n�_`JfJ%� a • a�S ,. r,: ;.� s 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 pernittee shall take precautions to avoid damage to property. All County Right of Way and property shall be restored to its original condition, as far as practical, in the opinion of the County Engineer or appointed representative. 4. The construction and maintenance of such utility shall not interfere with the property or rights of a prior occupant. 5. Permittee shall not interfere with other utilities located in the right of way. In the event damages occur, permittee will be liable to the County or other utilities running through the right of way. 6. County Engineer shall determine whether or not permittee's plans shall inconvenience the public. If it is determined that inconvenience to the public exists, then the County Engineer will decide whether such project will be allowed or if an alternative exists so as not to inconvenience the public. B. Safety Requirements 1. Proper traffic control measures must be put in place prior to beginning work and remain in place during the duration of the job. All traffic control measures must follow the Texas Manual of Uniform Traffic Control Devices (TMUTCD). See Traffic Control Requirements below. 2. During construction, all safety regulations of the Texas Department of Transportation shall be observed. 3. Permittee must take such precautions and measures, including placing and displaying safety devices, as may be necessary, in order to safely conduct the public through the project area. Company shall provide flagmen, signs, signals or devices necessary to provide complete safety tothe public. 4. Adequate provisions must be made to cause minimum inconveniences to traffic and adjacent property owners. 5. No cable, conduit and/or pole line shall be laid, constructed, maintained and/or repaired so as to constitute a danger or hazard of any kind to persons or vehicles using such road. Any poles placed in the Right of Way for future installation shall be placed at the back of the Right of Way. Exceptions may be approved by the County Engineer. C. Traffic Control Plan 1. A traffic control plan, pursuant to the TMUTCD or Engineered Traffic Control Plan must be provided for the following: a. Any construction (i.e. pit, excavation, hole) left open over night, requires specific nighttime traffic control measures pursuant to the TMUTCD; b. If construction is within ten (10) feet of the roadway; or c. Any work performed in the road right -of -way; 2. Plan must be attached to the permit and kept at the job site anytime work is being performed. Vol. 208 Pg. J� 3. Plan must set forth the time of completion for the job. D. Design Standards 1. All overhead installations shall conform to clearance standards of the Texas Department of Transportation and the pole be placed in the designated area for power specified as set forth in the Texas Utilities Code, Section 181.045. 2. All pole installation (including lighting) shall be placed at the backside of the Right of Way to ensure safety to the public. Any pole placed in violation of this requirement will be required to be moved to the appropriate location at the company's expense. Exceptions may be approved by the County Engineer. 3. All underground installations shall (these are minimum depths— utility may place deeper): a. be placed at a minimum depth of forty -eight (48) inches below the top of the pavement; b. be at least thirty-six (36) inches below ditch flow line when installation is within the area measured from top of bank to top of bank; c. beat least forty-eight (48) inches below ditch flow line if low pressure gas or petroleum lines. For high pressure gas and petroleum lines, see High Pressure Pipelines requirements listed below; d. not be closer than ten (10) feet from the edge of pavement. Exceptions may apply in rights of way of less than 60'. 4. Water Lines: All water lines must be a minimum 36- inches below the ditch flow line and cased. Waterlines shall be cased if crossing under the roadway. 5. Utilities in all new developments that have 60 feet or greater of right of way shall be installed within designated locations based upon the type of utility. The locations shall be as follows: (measured from back of right -of -way). Power — 0 -2 feet, nominally V 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 utility in a similar manner as referenced in No. 3 above, however, the County Engineer or its designated representative will provide final approval of each utility location. 7. The length of any trench to be opened in advance of the pipe, conduit or ducts may hot be longer than 400' if left open over night or unattended. 8. Crossings under a county road shall: a. be bored or jacked. ABSOLUTELY NO OPEN CUTS WITI -1 N COUNTY ROAD PAVEMENT; b. be pressure grouted for the full length of the crossing if the annular space between pipe and casing and soil exceeds one (1) inch. Brazos County must be given 24 hours notice of pressure grouting operations and have the opportunity to have an inspector on site to observe pressure grouting operations; c. TxDOT Standard Specification Item 476 shall be followed for all boring, jacking, tunneling andjoints. 9. Bore Pits a. no pits shall remain open longer than 2 days; b, all pits shall have proper traffic control measures in place. See Traffic Control Plan listed above. c. pits shall NOT be located within ten (10) feet from the edge of pavement without prior approval from the County Engineer or his representative; d. when pits are to remain open for more than 8 hours, due diligence will be used in protecting the spoil pile to prevent drainage problems; Vol. 208 Pg.?� e. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity; f. based upon soil conditions, the County Engineer or his representative may require pits be placed further from the edge of road. 10. Any installation within ten (10) feet of edge of pavement shall meet the following: a. location must be approved by the County Engineer or his representative b. backfilled with cement stabilized material. c. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity. d. All excess water and mud shall be removed from the trench prior to backfilling. Any backfill placed during a rainy period or at other times where excess water cannot be prevented from entering the trench will be considered TEMPORARY and shall be replaced with PERMANENT cement stabilized material as soon as weather permits; e. All disturbed base and pavement materials shall be removed and restored to the satisfaction of the County Engineer or his representatives. f. No side or lateral tamping to fill voids under the base and pavement materials is allowed. I I. Company must be careful to notjeopardize the slope or integrity of the shoulder of the road. In the event Company damages the slope, shoulder or any other portion of the right -of -way, Company will be responsible for repairing the damage and replacing the right -of -way to the condition it was prior to commencing construction. 12. Operation of construction and/or maintenance equipment on the traveled surface of any improved County road will not be permitted, except in an instance whereby the laying, construction, maintenance and/or repair of cables, conduits and/or pole lines cannot be accomplished by any other method and in this event all such equipment shall be of the rubber tire variety. Appropriate traffic control shall be provided meeting TMUTCD requirements. 13. In the event said construction and/or maintenance and/or repair requires Company to remove, cut or jeopardize any section of the road (asphalt, cement, road base, etc), Company will be required to provide a performance bond or letter of credit securing necessary repairs. Said bond amount will be determined by the County Engineer. 14. The applicant shall submit a letter of "No Objection" from the Army Corps of Engineers for all designated wetlands and environmentally sensitjve lands. E. Emergency work 1. In the event Company is required to perform emergency services, thin requires excavation in a County Right of Way, and unable to notify the County Engineer prior to conducting emergency repairs, Company shall notify County Engineer within 24 hours of beginning construction/repairs. This will allow the County Engineer and Road & Bridge Office an opportunity to inspect the site to ensure the integrity of the County Right of Way and traffic safety controls used. F. Repairs to existingfacilities 1. Maintenance and/or repair to existing cables, conduits, and/or pole lines which require disturbance of the soil, shall not be performed until plans describing such maintenance and/or repair have been approved by the County Engineer or designated representative and a permit has been obtained. G. Relocation of utilities: 1. When and if the County Engineer determines that it is necessary for the construction, repair, improvement, alteration or relocation of all or any portion of said road, any or all poles, wires, pipes, cables or other facilities and appurtenances authorized hereunder, shall be removed from said road, or reset or relocated thereon, as required by the County Engineer within a reasonable time as'determined by the County Engineer and Utility Company, and at the expense of the Utility Company. Vol. 208 Pg. -3� H. High Pressure Pipelines 1. All utility Permits for high pressure pipelines (generally 60 PSI or greater), whether pertaining to controlled access or non - controlled access installations, should contain the following additional information in the description of the permit. - diameter -wall thickness - material specification - minimum yield strength - maximum operation pressure of the pipeline 2. With the exception of the maximum operation pressure of the pipeline, this information is to be supplied for both the carrier pipe and the easing. 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 Tyne of Pipeline (below deepest ditch grade) Special Requirements Encased Pipe Less than 10' Must be covered with concrete pad at least 36 "deep Encased Pipe Greater than 10' No concrete pad required Non -Cased Pipe Less than 10' Must be covered with concrete pad at least 48 "deep Non -Cased Pipe Greater than 10' No concrete pad required The Concrete pad shall be minimum of 3" thick and width shall be pipe diameter plus 18" minimum. 5. Under no circumstances will a pipeline be installed parallel to a County Road within the Right -of- Way. Transmission lines have been determined to be petroleum pipelines (which includes natural gas lines) and shall not be parallel to a County Road. 6. Natural Gas Distribution is a line that serves the final customer. Vol.-20— Pg. _'31, K � s 9C� .# !Ie 8- a �;^ fils �'•�' $ vi g� ss�a's 'set i fit f - — IE I sg Nil fill o s e� E�4E i �'X Si43F::% new r -�,` -. iff��° $fi4•p{�b£g _ =5 h «Lb e'2g 18518 'A83t B g • €E � 3 i- '^ W a §$ya•b= nh4�hPb X59 Pak. mwnm sast3$SS� � - - - -�K- - -:.I; e_,;.. ------------------ c[,=rR N Z � O a o Y ' EL E+ �F5 o ~ E UZ� w a o Y 2 U s I I • JKLxK G 'n _ _ 4 w. •c � -y s � ! WO M M w ! a O v z s N w _ d J t U G x O U Y O 3 5 bb G I� 1 as D7� ••,PJ.°r vin. ue +w. ��2 S$! O vpa .Yln. 4W C4 YJ . 6 +KIKVS • Jf • JKlny{ d � — — — — — — •i3 — — — -- -- — 0.2 Li a V Jalrous +K nr..s � d C urr ec h c4 P. A c g o° I `B s c J I � N J.Plncs T � i � +KlnwliS O a a — - — — — — — a I a o � V y jFZ b a c .l,P 8flkei F 3 I7: F� 6�PBP 134! i .. ...o+en .H ••.T rol > +e °u;+.u;0y ...aJ• .W .i wi.K° .I {�IA"e.i .Vi IC Un .W •.ln.... -C Vol. 208 Pg. �� A BRAZOS COUNTY,-TEXAS .... _ BUDGET AMENDMENT(S) FOR THE 2013 -2014 BUDGET YEAR NO. 13/14 46.1-46.9 On this the 2nd day of September 2014 at a regular meeting of the Commissioners' Court, the following members were present: A. Duane Peters, County Judge, Presiding B. Lloyd Wassermann, Commissioner, Precinct 1 C. Sammy Catalena, Commissioner, Precinct 2 D. Kenny Mallard, Commissioner, Precinct 3 E. Irma Cauley, Commissioner, Precinct 4 F. Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on 2nd day of September 2014 the Court heard and approved a budget amendment for the 2013 -2014 budget year for Brazos County, Texas; and WHEREAS, expenditure is necessary due to the necessity to meet unusual and unforeseen conditions which could not be reasonably included in the original budget adopted 10 September 2013, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 2nd day of September 2014. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. By. Duane Peters, County Judge Original: County Clerk's Office and Attached to the original budget Vol. 208 Pg. 3i BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 13114 - 48.1 4111201A Decrease allocate funds for additional work needed to complete the replacement of an additional side walk at the Expo Complex. The sidewalk I be removed. an additional foot of staililation will be added and then it will he mnnured. -9 Wio14 Vol. 208 Pg. D BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 13/14.46.2 91212014 NEW Reallocation of fUnds to purchase digital voice recorder to be used by the CID Unit. Vol. 208 Pg. -,// BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 13114 - 46.3 9/2/2014 C�lill�11'��i�ii'd� 'LL?C•73 Equipment - Other Juvenile Service. Detention ����■� �® Reallocation of funds to purchase replacement two� radios Whose repairs cost is more than cost of new radios. Vol. 208 Pg. 42 MR District Court and BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 13/14 - 46.4 9/2/2014'- Reallocation of funds to reimburse the Facility Service Department for the purchase of a door for the courtroom in the Administration Vol. 208 Pg. 4-4J' BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 13114 - 46.6 91212014' General Fund Contingency and Jail Reallocation of funds to cover for utilities for the remainder of FY 14. «y xc�c �i ,pp11 , x �ys� �i Vol. 208 Pg. Z/(/ BRAZOS COUNTY. TEXAS BUDGET AMENDMENTS No. 13114.46.6 and Brazos Center of funds to cover for utilities for the remainder of FY 14. Vol. 208 Pg. ��` BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 13114 - 46.7 912/2014 FUND DIV ACCT PROD I DR/CRI ACCOUNT NAME Increase Decrease 0100 11001500 61130000 CR lContlinIzency 34000.00 0100 36000100 61880000 DR lUtilities 34,000.00 General Fund Canflagency and Ex o Reallocation of funds to cover for utilities for the remainder of FY 14. i i ���'b'�KIN �r� 4�(a�i rsg Vol. 208 Pg. 'N� BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 13114 - 46.8 91212014 . . FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 24201200 71500000 CR Rental - Equipment 450.00 0100 24201200 59100000 CR DDEA 400.00 0100 24201200 61060000 DR Bonds 350.00 0100 24201200 60600000 DR Office Supplies 100.00 0100 24201200 61801000 DR Travel 300.00 0100 24201200 61110000 DR Conference and Seminar Fees 100.00 Justice of the Peace, Pct. H2.2 Reallocation of funds to cover for departmental cost of the remainder of FY 14. Vol. 208 Pg. �I7 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 13114.48.9 SO Administration Reallocation of funds to correct remaining balance of PO 12003110 for Toughbooks that were purchased in the wrong account from FY 2012. The PO was closed prior to paying for the last invoice and a payment authorization will be submitted to add to the court agenda to enable it to be processes. Vol. 208 Pg. � v PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: September 02,.2014 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Change Requests Department Submitting Employee Request Action Requested Request(s) Applies To Drug Court Banks, Amy Resignation Roscom, Shawna New Hire Expo Center Marshall, Jakub New Hire Toler, Jennifer Resignation Watson, Brennan New Hire Purchasing Road and Bridge S.O. Jail Davis, Gail Ayala, Antonio Coborn, Jesse Galvan, Jimmy Grisso, Jonathon Villalpando, Roland Promotion Transfer w /in Dept. Transfer Win Dept. Transfer Win Dept, Transfer Win Dept. Transfer Win Dept. Burns, DeAvia Resignation Riordan, Marc Promotion Roberts - Miller, Jacob Resignation Spittler, David Resignation Stubblefield, Nicholas Promotion Approved in Commissioners' Court: Se to 2014: County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) Vol. 208 Pg. 271� )6 z� In the District Courts of Brazos County, Texas ORDER DETERMINING COMPENSATION OF COUNTY AUDITOR AND ASSISTANT COUNTY AUDITORS On the 13th day of August, 2014, after a public hearing in accordance with the Texas Local Government Code, the undersigned Judges of the District Courts in Brazos County, Texas, determined the compensation to be paid to the County Auditor and Assistant County Auditors as set forth in this order. IT IS ORDERED, effective October 1, 2014, that the County Auditor and each Assistant County Auditor positions shall be paid annual compensation in the amounts stated in the column identified as "Proposed Budget' set forth in the attached Exhibit "A" which is incorporated herein. Actual compensation amounts for each individual Assistant County Auditor will be submitted to the Brazos County Human Resources department by the County Auditor and shall not exceed the position amount in the column identified as "Proposed Budget' in Exhibit "A ". Additionally, the County Auditor and Assistant Auditors shall be paid longevity based on years of service at September 30, 2014, in accordance with the Brazos County Longevity Pay Policy and in the amount set forth by said policy. IT IS FURTHER ORDERED that the District Clerk of Brazos County shall file this order in �L -�6 �9Sd the minutes of the District Courts of Brazos County, Texas and shall certify this order to the Commissioners Court of Brazos County, Texas prior to September 1, 2014, for its observance. SIGNED this _ day of August, 2014. LANGLEY �T AVIS B. BRYAN, residing Judge residing Judge 85d' District Court 272nd District Court STEVE SMITH Presiding Judge 361" District Court Vol. 208 Pg. � 6/ i! QC7 EDGED r^�y!► Duane Peters DaW County Judge r 51810000 Longevity 53100000 531010 532000 533000 533200 538000 539000 3.600 4,800 33.33% Totals S 522.729 S 540,854 3.47% Personnel - Benefits I Social Security 40,092 41,376 7.65% Flax Benefit Admin Fee 660 660 Retirement PROPOSED BUDGET REQUEST - PERSONNEL& BENEFITS 75,720 11.93% COUNTY AUDITOR'S OFFICE 89.400 1C3,320 S8,940 piyr per emp For The Year Ending September 30, 2015 1?00 - $120 plyr per amp Current Proposed 2.704 Account Title Salary Budget % Change IPersonnel - Salaryj Yages 207.023 5 22! 51150000 Salary ..Appointed Official $ 92.480 5 95,255 3.00% cell phone allowance S 640 $ 840 51300000 Salary - Staff 388,654 400,344 3.01% Deng - Director of Accounting 71,960 74,119 33.00% Pratt - Director of Intemai Audit 56,100 57,784 3.86% cell phone allowance 480 480 Sates -Ass, Auditor IV 54,345 56,295 3.00% Mason- Ass, Auditor ill 18,220 49,567 3.00% Lozano- Asst. Auditor 11 39,537 40,724 3.00% SEE • Asst. Auditor (! 39,657 40,847 100% -lac- Asst.Auditor/I 40,055 41,25T 100% .Kelso- Asst. Auditor I 38,000 39,6661 4.37% $1610000 Hourly-Staff 37.995 39,135 3.OQ% Muron -Acct. Asst. ill 37,995 39.135 3.00% 51810000 Longevity 53100000 531010 532000 533000 533200 538000 539000 3.600 4,800 33.33% Totals S 522.729 S 540,854 3.47% Personnel - Benefits I Social Security 40,092 41,376 7.65% Flax Benefit Admin Fee 660 660 Retirement 71.371 75,720 11.93% Hospitalization 89.400 1C3,320 S8,940 piyr per emp Employee Dental Insur. 1?00 - $120 plyr per amp Workers Comp 2,300 2.704 0,10% Unemployment Insurance - 2.246 Totals S 207.023 5 22! 9.66% Salary Limitation - LGC § $4.021.111,013,152-034 & 152:905: Total Dept Salary for FYE 9/30/2014 $ 522,729 S 540,854 Less; County Auditor's (93,320) (96,095) $ 129,409 $ 444,759 I7_ 3.57% F t;�xH i B IT A Vol. 208 Pg.� In the District Courts of Brazos County, Texas ORDER DETERMINING COMPENSATION OF COURT REPORTERS On the 13th day of August, 2014, after a public hearing in accordance with the Texas Local Government Code, the undersigned Judges of the 85", 272nd and 361" District Courts in Brazos County, Texas, determined the compensation to be paid to the Official Court Reporters of the 85d', 272nd and 36155 District Courts as set forth in this order. IT IS THEREFORE ORDERED that, effective October 1, 2014, the annual compensation of the Court Reporters for the District Courts in Brazos County be set as follows: Position Name Salary Court Reporter Paula K. Frederick $69,030.00 85' District Court Court Reporter Denise MacKay (Part-time) $35,382.00 272nd District Court Kaetheryn Kriel (Part- time) 535,382.00 Court Reporter Felix Thompson $69,030.00 361St District Court Page I oft However, if in the FY 2014 -2015 county budget, the Commissioners Court of Brazos County approves any cost of living increase to the salaries of a majority of county employees in excess of 3% of the FY 2013 -2014 salaries, the amounts of annual compensation reflected above shall be increased by the same additional percentage amount of cost of living adjustment approved by the Commissioners Court over the FY 2013 -2014 amounts for a majority of county employees. Additionally, the Court Reporters for the District Courts shall be paid longevity based on years of service at September 30, 2014, in accordance with the Brazos County Longevity Pay Policy and in the amount set forth by said policy. IT IS FURTHER ORDERED that the total amount of compensation allowed for any court reporter appointed by and serving the East Texas Cluster Court in Brazos County shall not exceed $35,382.00 during the fiscal year beginning October 1, 2014. IT IS FURTHER ORDERED that the District Clerk of Brazos County shall file this order in the minutes of the District Courts of Brazos County, Texas and shall certify this order to the Commissioners Court of Brazos County, Texas for its observance. SIGNED this day of August, 2014- �(residing'Jiidge 85d Distridt'Gourt.- �l T AVIS B. BRYAN, residing Judge 272nd District Court —1 -aL� STEVE SMITH Presiding Judge 361't District Court Page 2 of 2 Duane Peters County Judge Vol. 208 Pg. tSi Laura Taylor Davie Brasov County Treasurer ldavl sfco.hramM,Y.va DATE: August 22, 2014 T0: Hon. Duane Peters, County Judge Hon. Lloyd Wassermann, Commissioner Hon. Sammy Catalina, Commissioner Hon, Kenny Mallard, Commissioner Hon. Irma Cauley, Commissioner Candy Gallego, Administrative Assistant FROM: Laura Taylor Davis, County Treasurer RE: Quarter Ending 06/30/2014 Investment Report 800 S. Tezae Avenue, Ste 840 Bryan, Tome 77809 Tel: 979481-4848 C EDGED wane Peters Date County Judge This report is made in accordance with provisions of Gov.Code 2256, The Public Funds Investment Act, which requires quarterly reporting of Investment transactions to the Commissioners' Court. The Brazos County Investment portfolio earned an overage yield of 0.0267% on the quarterly average balance of $2,351,484.98 invested with TexPool for the period ending 06/30/2014. Investment interest deposited during the quarter was $168.63. Actual ending balance for June 30, 2014 was $2,351,537.88 The average rate of interest earned on the depositary checking account balances for the quarter ending 06/30/2014 was 0,25% netting $59,187.52 on an overage depository invwsWle balance of $95,554,645.83. Total FY2014 interest earned: $162,861.32 Investment strategy The Brazos County Investment Strategy will remain unchanged, keeping investments very short- termed 6 liquid. With the safety of principal as the foremost objective of the Countys investment policy followed by liquidity and yield - it seems prudent to continue keeping the majority of available funds in the County's depository where all funds are 110% collateralized. For diversification the County has an investment account with TexPool that provides the safety of an overnight market. Vol. 208 Pg. 5r� 31 Summary of Portfolio Changes The deposit of interest is the only portfolio change to balances at this time and the Weighted Average Maturity of investments remains at I day due to the liquidity of funds invested with TexPool and on deposit at CitiBank of Texas FY 2014 INTEREST RATES AND EARNINGS BY MONTH Attached are the following reports: 1) Cost Amount Summary of Investments by Fund 2) TexPool Quarter End Activity Report 3) Investments by Fund Group and Strategy Type To the best of our knowledge the investment portfolio in this report conforms in all respects to the Investment Policy of Brazos County and is being managed under the investment strategy of said policy as appry eed�byy the Commissio er's Court of Brazos County. Laura Taylor Davi County Treasurer, CIO Date rri White, Chief Deputy Treasurer CFO Date Vol. 208 Pg. S1 TexPool Interest Cking Acct Earnings Interest Rate Interest Credit Rate October 2013 99.51 0.0500 13,899.45 0.2500 November 2013 86.16 0.0400 13,623.40 0.2500 December 2013 74.22 0.0400 15,892.52 0.2500 Q/E 12/31/2013 259.89 0.0433 43,415.37 0.2500 January 2014 54.58 0.0300 19,504.05 0.2500 February 2014 51.15 0.0300 19,314.08 0.2500 March 2014 59.71 0.0300 20,846.34 0.2500 Q/E 03/31/2014 165.44 0.0300 59,664.47 0.2500 April 2014 64.89 0.0300 19,725.15 0.2500 May 2014 48.79 0.0200 19,908.80 0.2500 June 2014 54.95 0.0300 19,553.57 0.2500 Q/E 06/30/2014 168.63 0.0267 59,187.52 0.2500 Attached are the following reports: 1) Cost Amount Summary of Investments by Fund 2) TexPool Quarter End Activity Report 3) Investments by Fund Group and Strategy Type To the best of our knowledge the investment portfolio in this report conforms in all respects to the Investment Policy of Brazos County and is being managed under the investment strategy of said policy as appry eed�byy the Commissio er's Court of Brazos County. Laura Taylor Davi County Treasurer, CIO Date rri White, Chief Deputy Treasurer CFO Date Vol. 208 Pg. S1 C ri C Cl) N l� c L M N O fA ar3 C O E m w v d e N 9 C O O a- O LL = ~ �N O d c Vol. 208 Pg. J7 TEXPOOL QUARTER ENDING 0613012014 ACTIVITY REPORT FUND 1- POOLED FUND GROUP Vol. 208 Pg. 57� INVESTMENTS BY FUND GROUP AND STRATEGY TYPE Endowment General Fund $ 2,351,537.88 Health State Lateral •.:. Courthouse Security General Obligation Debt Svc, $ 7- 7 L °.. ' IP' 1 1. }.. 'L'c._' ..,r k' °.Io ' " • U Genera( Permanent fmpv, Exposition Center Fund $ r;Pr_e7�- YVti:T1T)7T: r ., � iii i I ... Yr7�e,.'iir'�ii � - — c �' � +. %i�'�f•1•.. ,,1� - BOOK VALUE OF ALL INVESTED FUNDS FOR JUNE 2014 $ 2,361,637.88 Vol. 208 Pg.