Loading...
HomeMy WebLinkAbout2014-09-16 10:00AM REGULAR MEETINGr BRAZOS COUNTY BRYAN,TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT it :e I 38 THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON SEPTEMBER 16, 2014 AT 10:00 AM IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVE., SUITE 106, BRYAN, TX 77803 1. Invocation and Pledge of Allegiance - U.S. and Texas Flag - Chaplain G.H. Jones and Commissioner Wassermann 2. Call for Citizen input and /or concerns. 3. Presentation(s) Presentation regarding the Read by Third Program. Consider and take action on agenda items 4 - 46: 4. Resolution No. 14 -013 Approving the Budget of the Brazos County Emergency Communications District 5. Resolution No. 14-016 recognizing the College Station High School 2014 Cougar Baseball Team for winning the State Championship in Class AAA. 6. Resolution No. 14-017 recognizing the College Station High School 2013 Cougar Girls Cross Country Team for winning the State Championship in Class AAA. 7, Resolution No. 14-018 authorizing the use of an electronic signature for Judge Peters as Brazos $. Reguest from the Treasurer's Office for Indemnification of $7470.00 for an assessed fee. These funds will be paid from the Treasurer's Administrative budget a Vol. 208 Pg. /, 7 E2 10. 11 . Permission for Brazos County to accept 50 donated shelves from Texas A &M Engineering Experiment Station 12. Approval of the Job Description Correctional Health Professional/Temporary. (Class 1508. Position 21. 13. Acceptance of the Texas Department of Public Safety Division of Emergency Management (TDEM) 14. Payment Authorization to Software House International in the amount of $378.00 for power adapters used with Toughbook Laptops. Prior administration inadvertently closed the purchase order before payment processing. 15. Approval of contract with Texas Voting Systems for the November 4. 2014 General Election. 16. Funding Agreement with Health For All, Inc. for FY 2014. 17. Funding Agreement with District Two Volunteer Fire Department Inc. for FY 2015. 1$. Funding Agreement with the Arts Council of Brazos Valley for FY 2015 19. Funding Agreement with the Boys & Girls Club of Brazos Valley for FY 2015, 20. Funding Agreement with Keep Brazos Beautiful. Inc. for FY 2015. 21. Fourth Renewal of Lease with Southwood West for the Constable. Precinct 1 Office. 22. Funding Agreement with the Dispute Resolution Center - Central Brazos Valley. Inc. for FY 2015. 23, Funding Agreement with the Brazos Valley Food Bank Inc. for FY 2015. 24. Funding Agreement with the Brazos County Historical Commission for FY 2015. 25. Funding Agreement with the Brazos Valley Council of Governments for indigent health care for FY 2015. 26, Fourth Renewal of Lease with Southwood West for the Justice of the Peace. Precinct 1 Office. 27. Agreement with Junction 505 for the management of citizens collection sites for FY 2015. 28. Funding Agreement with Mental Health Mental Retardation Authority of Brazos Valley for FY 2015. 29, Funding Agreement with Scotty's House Child Advocacy Center for FY 2015. 30, Funding Agreement with the Brazos Valley Veterans Memorial for FY 2015. 31. Funding Agreement with South Brazos County Fire Department. Inc. for FY 2015. 32. Funding Agreement with the Brazos County Precinct 3 Volunteer Fire Department. Inc, for FY 2015. 33. Funding Agreement with the Brazos County Precinct 4 Volunteer Fire Department, Inc. for FY 2015. 34. Approval of advance funding agreement between Brazos County and State of Texas for Mikulin Road Proiect. 35. Renewal of contract 2014 -76R Collection of Delinquent Property Taxes with McCreary. Veselka. Bragg and Allen. 36. Consider and take action on the Wickson Creek S.U.D. utility permit to construct road bore under OQersteny Lane. This project will provide water service to customer at address #10899. Site is located Vol. 208 Pg. /' in Precinct 2. 37, Consider and take action on the Halcon Resources utility permit to install temporary 10" aluminum water line within and alona the right-of-way of West 28th Street. Project will provide water to oil well. Site is located in Precinct 4. - 38. Consider and take action on the City of Bryan utility permit to construct road bore (11 total) under 39. 40. Approval of July 2014 Treasurer Report. 41. Commissioners Court minutes for the following dates: • a. August 5, 20U - Regular Meeting • b. August 12. 2014 - Regular Meetina • c. August 19, 2014 - Reaular Meetina • d. August 26, 2014 - Regular Meetina • e. Auaust 26, 2014 - Public Hearing at 10:30 am • f. August 26, 2014 - Public Hearing at 10:45 am 42. Budget Amendments. Budaet Amendments FY 13114 48,1 thru 48.4 43. Personnel Change of Status. Personnel Action Forms 44. Payment of Claims. 45. 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. 46. Consider and possible action on Executive Session. 47. Sheriffs report on inmate population. 48. Announcement of interest items and possible future agenda topics. 49. Call for Citizen input and /or concerns. 50. Adjourn. Vol. 208 Pg. 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 submft comments in writing on the agenda items and/or attend and make comment at the Commission meeting. Members of the public are reminded that the Brazos County Commissioners Court is a Constitutional Court, with both judicial and legislative powers, created under Article V, Section 1 and Section 18 of the Texas Constitution. As a Constitutional Court, the Brazos County Commissioners Court also possesses the power to issue a Contempt of Court Citation under Section 81.024 of the Texas Local Government Code. Accordingly, members of the public in attendance at any Regular, Special and /or Emergency meeting of the Court sha8 conduct themselves with proper reaped 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 Court's Order and/or continued disruption of the meeting may result in a Contempt of Court Citation. It is not the intention of the Brazos County Commissioners Court to provide a public forum for the demeaning of any individual or group. Neither is it the intention of the Court to allow a member (or members) of the public to insult the honesty and/or integrity of the Court, as a body, or any member or members of the Court, or County employees, individually or collectively. Accordingly, profane, insulting or threatening language directed toward the Court and /or any person in the Court's presence and /or recial, ethnic or gender slurs or epithets will not be tolerated. Violation of these rules may result in the following sanctions: 1. cancellation of a speakers time; 2. removal from the Commissioners Court; 3. a Contempt Citation; and /or 4. such other and /or criminal sanctions as may be authorized under the Constitution, Statutes and Codes of the State of Texas. The County Commissioners Court can deliberate or take action only If a matter has been listed on an agenda properly posted prior to the meeting. During the public comment period, speakers may address matters not listed on the published agenda. The Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court. However, responses from the County Judge or Commissioners to unlisted public comment topics could become deliberation on a matter without notice to the public. To ensure the public has notice of all matters the Commissioners Court will consider, the County Judge and /or Commissioners may choose not to respond to public comments, except to comad factual inaccuracies, recite existing policy in response to an inquiry or to ask that a matter be listed on a future agenda. See Texas Open Meetings Act 7 551.042. INVOCATION Any invocation that may be offered before the official start of the Court meeting shall be to and for the benefit of the Court. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Court and do not necessarily represent the religious beliefs or views of the Court in part or as a whole. No member of the community is required to attend or participate in the invocation and such decision will have no impact on their right to actively participate in the business of the Court. The Commissioners Courtroom of the County Administration Building, 200 South Texas Ave., Suite 106, Bryan, TX 77803 is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two working days before the meeting. To make arrangements, please call (979) 361 -4102. Vol. 208 Pg. /�� S F IJ '� N ]f h >G�Y O'F avol AF BRAZOSCOUNTY BRYAN,TEXAS MINUTES September 16, 2014 BRAZOS COUNTY COMMISSIONERS COURT REGULAR MEETING L Signature Page.odf File Stamped Agenda.odf IC 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 16, 2014 with the following members of the Court present: Duane Peters, County Judge, Presiding; Lloyd Wassermann, Commissioner of Precinct 1; Sammy Catalena, Commissioner of Precinct 2; Kenny Mallard, Commissioner of Precinct 3; Irma Cauley, Commissioner of Precinct 4; Karen McQueen, County Clerk, Absent. The attached sheets contain the names of the citizens and officials that were in attendance. Invocation and Pledge of Allegiance - U.S. and Texas Flag - Chaplain G.H. Jones and Commissioner Wassermann 2. Call for Citizen input and /or concerns. Charles Mancuso resident of Precinct 2, complained that his neighbors continue to burn at all hours and that the fires emit unpleasant odors. He said the Sheriffs Office tells him they can't do anything because there is no burn ban in place. The neighbors are Vol. 208 Pg. /// shooting off guns on only 2 1/2 acres of land which is dangerous. The roads are in bad shape. The Road and Bridge department has told him that his road is on the list but nothing has been done to date. The Engineer did call yesterday and tell him that they were going to work on it. He also mentioned farmers on their tractors going down the road are being passed in no passing zones. This is very dangerous. We need more law enforcement in the area of FM 2222 and Tabor Road. He went to the Fiestas Patrias parade on Sunday and only saw one Commissioner participating. There needs to be more participation. 3. Presentation(s) Presentation regarding the Read by Third Program. The Court heard a presentation by Daniel Hernandez outlining the Read by Third program and watched a video on the program. Consider and take action on agenda items 4 - 46: 4. Resolution No. 14 -013 Approving the Budget of the Brazos County Emergency Communications District. 9Z Item 4. pd A copy is attached Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters, Wassermann. 5. Resolution No. 14 -016 recognizing the College Station High School 2014 Cougar Baseball Team for winning the State Championship in Class AAA. 9E Item 5.od( The Court voted unanimously to adopt Resolution #14 -016 recognizing Coach Scott Holder, his Assistant Coaches and the College Station High School 2014 Cougar Baseball team for winning the State Championship in Cass AAA and bringing home a great accomplishment for the College Station Independent School District. The County Judge read aloud the resolution and then presented it to Coach Holder. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . 6. Resolution No. 14 -017 recognizing the College Station High School 2013 Cougar Girls Cross Country Team for winning the State Championship in Class AAA. OS Item 6.odf The Court voted unanimously to adopt Resolution #14 -017 recognizing Coach Josh Munson, his Assistant Coaches and the College Station High School 2013 Cougar Girls Cross Country Team for winning the State Championship in Cass AAA along with individual Champion Kelsey Warren, for bringing home a great accomplishment for the College Station Independent School District. The County Judge read aloud the resolution and then presented it to Coach Munson. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters, Wassermann . 7. Resolution No. 14 -018 authorizing the use of an electronic signature for Judge Peters as Vol. 208 Pg. /Go Brazos County's Chief Elected Officer in conjunction with the County's contract with Justice Benefits, Inc., and the delegation of authority to use the electronic signature to the Brazos County Auditor. L4£ Item Tod f The Court voted unanimously to adopt Resolution #14 -016 that states in conjunction with the contract which the Commissioners Court of Brazos County, Texas has entered into with Justice Benefits, Inc., the Commissioners Court does require that subsequent to such use of the electronic signature of the CEO the County Auditor's Office will submit to the County Judge for review and examination a recap summarizing the purpose of the information transmitted and the funding anticipated. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard, Peters, Wassermann . B. Request from the Treasurer's Office for Indemnification of $7470.00 for an assessed fee. These funds will be paid from the Treasurer's Administrative budget. IM Item 8A This is for a fine assessed by the Internal Revenue Service. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . 9. Request for out of state travel for Sheriff Chris Kirk to travel to Santa Fe, New Mexico to attend training at the Western States Sheriffs Association &amp; Southwest Border Sheriffs' Coalition 2014 Annual Fall Meeting. Dates of travel are September 14 -17, 2014. 9Z Item 9.0 Sheriff Kirk is a member of the National Sheriffs Association Board of Directors and serves on the Immigration and Border Security Committee. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . 10. Request from the Expo for variance of the county's travel policy regarding the maximum hotel rate of $85.00 for travel with no host hotel. Jacqueline Foster will be attending a workshop in Fort Worth, Texas on September 12 -13, 2014. The host hotel is full, and the best available rate is $109.00. 6" Item 10.odf Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . 11. 9Z Item 11.0 Permission for Brazos County to accept 50 donated shelves from Texas A &M Engineering Experiment Station The estimated value is $1,900. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Vol. 208 Pg. / s Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann. 12. Approval of the Job Description Correctional Health Professional/Temporary, (Class 1508, Position 2). 0 Item 12.odf Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . 13. Acceptance of the Texas Department of Public Safety Division of Emergency Management (TDEM) Emergency Management Performance Grant (EMPG) award for Fiscal Year 2014; period of grant is 10/1/2013 to 3/31/2015. 9Z Item 13.ndf A copy is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann. 14. Payment Authorization to Software House International in the amount of $378.00 for power adapters used with Toughbook Laptops. Prior administration inadvertently closed the purchase order before payment processing. 09 Item 14.odf Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann. 15. Approval of contract with Texas Voting Systems for the November 4, 2014 General Election. V- Item 15.od The Court approved as submitted a Contractual Agreement between Brazos County and Texas Voting Systems, Inc. for election services in connection with the General, Special, City Bryan Charter Amendment, Bryan Independent School District, City of College Station, College Station Independent School District Elections to be held on November 4, 2014 in Brazos County, Texas. Cost to Brazos County will be $32,350. A copy is attached. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . 16. Funding Agreement with Health For All, Inc. for FY 2014. fit Item 16.0 f The Court approved as submitted a Contractual Agreement between Brazos County and Health for All, Inc. The cost to Brazos County will be $25,000.00. In return for funding, Health for All, Inc. will provide certain basic health care assistance to its eligible county residents. The term of the contract is for twelve (12) months commencing on October 1, 2013 and terminating September 30, 2014. A copy is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters Wassermann. Vol. 208 Pg. L6Z 17. Funding Agreement with District Two Volunteer Fire Department, Inc. for FY 2015. l- Item 17.0 The Court approved as submitted a Contractual Agreement between Brazos County and District Two Volunteer Fire department, Inc. The cost to Brazos County will be $29,000.00. In return for funding, the volunteer fire department will provide fire protections services to any person who requests it within the confines of Precinct 2. The term of the contract is for twelve (12) months commencing on October 1, 2014 and terminating September 30, 2015. 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 . 18. Funding Agreement with the Arts Council of Brazos Valley for FY 2015. E Item 18.0 19. The Court approved as submitted a Contractual Agreement between Brazos County and the Arts Council of Brazos Valley. The cost to Brazos County will be $8,000.00. In return for funding, the Arts Council will provide assistance to local arts organization of the county through funding support, advocacy, outreach, marketing and partnership building. The term of the contract is for twelve (12) months commencing on October 1, 2014 and terminating September 30, 2015. A copy is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters. Wassermann. U* Item 19.edf Funding Agreement with the Boys & Girls Clubs of Brazos Valley for FY 2015. The Court approved as submitted a Contractual Agreement between Brazos County and the Boys & Girls Clubs of Brazos Valley. The cost to Brazos County will be $45,000.00. In return for funding, the Boys & Girls Clubs will provide opportunities for youth to grow as productive citizens. The term of the contract is for twelve (12) months commencing on October 1, 2014 and terminating September 30, 2015. A copy is attached. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard , Peters , Wassermann . 20. Funding Agreement with Keep Brazos Beautiful, Inc. for FY 2015. U Item 20.0 The Court approved as submitted a Contractual Agreement between Brazos County and Keep Brazos Beautiful. The cost to Brazos County will be $15,000.00. In return for funding, Keep Brazos Beautiful will provide programs that educate and engage Brazos County residents to keep our community clean, green and beautiful, by preventing and cleaning up litter and illegal dump sites, recycling, minimizing waste, beautifying and improving their surroundings. The term of the contract is for twelve (12) months commencing on October 1, 2014 and terminating September 30, 2015. A copy is attached. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Vol. 208 Pg. //�� Mallard. Peters. Wassermann . 21. Fourth Renewal of Lease with Southwood West for the Constable, Precinct 1 Office. Qt Item 21.odf The Court approved as submitted the renewal of lease agreement between Brazos County and Southwood West for rental of office space for the office of Constable, Precinct 1. Term of the lease is for the period of one year commencing on October 1, 2014 and ending on September 30, 2015. Brazos County agrees to pay to Southwood West the amount of one thousand six hundred fifty dollars ($1,650.00) per month. A copy of the Lease Renewal is attached. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . 22. Funding Agreement with the Dispute Resolution Center - Central Brazos Valley, Inc. for FY 2015. Ll Item 22.odf The Court approved as submitted the funding agreement between Brazos County and the Dispute Resolution Center. Term of the lease is for the period of one year commencing on October 1, 2014 and ending on September 30, 2015. Brazos County agrees to pay to the Dispute Resolution Center the amount of seven thousand five hundred dollars ($7,500.00). In exchange for funding, the Dispute Resolution Center will provide four (4) separate mediation sessions to the Commissioners Court or designated department or offices during the term of this agreement and train one (1) Brazos County employee in each regular or family law mediation training offered by the DRC without cost to Brazos County or the employee. A copy of the Lease Agreement is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . 23. Funding Agreement with the Brazos Valley Food Bank, Inc. for FY 2015. 6 Item 23.odf The Court approved as submitted a Contractual Agreement between Brazos County and the Brazos Valley Food Bank, Inc. The cost to Brazos County will be $7,700.00. In exchange for funding, the Food Bank will distribute food through other nonprofit agencies to moderate and low income persons who are food insecure and at risk of hunger and malnutrition. The term of the contract is for twelve (12) months commencing on October 1, 2014 and terminating September 30, 2015. A copy is attached. Motion: Approve , Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . 24. Funding Agreement with the Brazos County Historical Commission for FY 2015. 9!a Item 24.odf The Court approved as submitted a Contractual Agreement between Brazos County and the Brazos County Historical Commission. The cost to Brazos County will be $5,500.00. In exchange for funding, the Historical Commission actively promotes the interest in and appreciation of the rich history of Brazos County by encouraging Vol. 20 8 Pg. /a individuals, organizations, businesses, and others to submit applications for historical markers for buildings, organizations, activities, individuals, sites of historical events, and other entities and events throughout Brazos County. The term of the contract is for twelve (12) months commencing on October 1, 2014 and terminating September 30, 2015. A copy 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. 25. Funding Agreement with the Brazos Valley Council of Governments for indigent health care for FY 2015. U Item 25.0 The Court approved as submitted a Contractual Agreement between Brazos County and the Brazos Valley Council of Governments ( BVCOG). The cost to Brazos County will be $96,700.00. In exchange for funding, the BVCOG will provide for the administration of the health care program for eligible Brazos County residents pursuant to the Indigent Health Care and Treatment Act. The term of the contract is for twelve (12) months commencing on October 1, 2014 and terminating September 30, 2015. A copy is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann . 26. Fourth Renewal of Lease with Southwood West for the Justice of the Peace, Precinct 1 Office. RS Item 26.0 The Court approved as submitted the renewal of lease agreement between Brazos County and Southwood West for rental of office space for the office of Justice of the Peace, Precinct 1. Term of the lease is for the period of one year commencing on October 1, 2014 and ending on September 30, 2015. Brazos County agrees to pay to Southwood West the amount of two thousand one hundred thirty and 17/100 dollars ($2,130.17) per month. A copy of the Lease Renewal is attached. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . 27. Agreement with Junction 505 for the management of citizens collection sites for FY 2015. Item 27.odf The Court approved as submitted a Contractual Agreement between Brazos County and Junction Five -O -Five. The cost to Brazos County will be $16,275.48. In exchange for funding, Junction Five -O -Five will manage the six (6) recycling centers in Brazos County. The term of the contract is for twelve (12) months commencing on October 1, 2014 and terminating September 30, 2015. 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 . 28. Funding Agreement with Mental Health Mental Retardation Authority of Brazos Valley for FY 2015. Vol. 208 Pg. Z 0S Item 28 .pd The Court approved as submitted a Contractual Agreement between Brazos County and the Mental Health Mental Retardation Authority of Brazos Valley (MHMR). The cost to Brazos County will be $40,000.00. In exchange for funding, MHMR will proved mental health and mental retardation services through available resources to eligible individuals residing in Brazos County. The term of the contract is for twelve (12) months commencing on October 1, 2014 and terminating September 30, 2015. 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 . 29. Funding Agreement with Scotty's House Child Advocacy Center for FY 2015. M Item 29.pdf The Court approved as submitted a Contractual Agreement between Brazos County and Scotty's House Child Advocacy Center. The cost to Brazos County will be $5,000.00. In exchange for funding, Scotty's House will provide support services to children who are the victims of physical abuse, sexual abuse, neglect and exposure to violence. The term of the contract is for twelve (12) months commencing on October 1, 2014 and terminating September 30, 2015. A copy is attached. Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters, Wassermann. 30. Funding Agreement with the Brazos Valley Veterans Memorial for FY 2015. n Item 30.0 The Court approved as submitted a Contractual Agreement between Brazos County and the Brazos Valley Veterans Memorial. The cost to Brazos County will be $10,000.00. In exchange for funding, Brazos Valley Veterans Memorial will provide a public art memorial for residents and non - residents of the County to have a dignified place of recognition for the service and sacrifices made while in the uniformed services of this great nation and also provide an educational venue to teach our children about these sacrifices. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Kenny Mallard. Passed. 5-0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . 31. Funding Agreement with South Brazos County Fire Department, Inc. for FY 2015. 0 Item 31.pdf The Court approved as submitted a Contractual Agreement between Brazos County and South Brazos County Volunteer Fire department, Inc. The cost to Brazos County is $29,000.00. In return for funding, the volunteer fire department will provide fire protections services to any person who requests it within the confines of Precinct 1. The term of the contract is for twelve (12) months commencing on October 1, 2014 and terminating September 30, 2015. A copy is attached Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard, Peters, Wassermann . Vol. 208 Pg. 32. Funding Agreement with the Brazos County Precinct 3 Volunteer Fire Department, Inc. for FY 2015. L Item 32.pdf The Court approved as submitted a Contractual Agreement between Brazos County and Brazos County Precinct Three Volunteer Fire Department, Inc. The cost to Brazos County will be $29,000.00. In return for funding, the volunteer fire department will provide fire protections services to any person who requests it within the confines of Precinct 3. The term of the contract is for twelve (12) months commencing on October 1, 2014 and terminating September 30, 2015. A copy is attached Motion: Approve , Moved by Commissioner Kenny Mallard, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann. 33. Funding Agreement with the Brazos County Precinct 4 Volunteer Fire Department, Inc. for FY 2015. C Item 33.pdf The Court approved as submitted a Contractual Agreement between Brazos County and Brazos County Precinct Four Volunteer Fire Department, Inc. The cost to Brazos County will be $29,000.00. In return for funding, the volunteer fire department will provide fire protections services to any person who requests it within the confines of Precinct 2. The term of the contract is for twelve (12) months commencing on October 1, 2014 and terminating September 30, 2015. A copy 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 . 34. Approval of advance funding agreement between Brazos County and State of Texas for Mikulin Road Project. E Item 34.pdf The Court approved as submitted a Contractual Agreement between Brazos County and the State of Texas for the Mikulin Road Project to widen State Highway 6 West frontage road to construct a left turn lane at Louis Mikulin Road. 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 . 35. Renewal of contract 2014 -76R Collection of Delinquent Property Taxes with McCreary, Veselka, Bragg and Allen. This item was tabled. Motion: Table, Moved by Commissioner Kenny Mallard, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters . Wassermann . 36. Consider and take action on the Wickson Creek S.U.D. utility permit to construct road bore under Opersteny Lane. This project will provide water service to customer at address #10899. Site is located in Precinct 2. X Item 36.pdf Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena , Vol. 208 Pg. —LLl�- Cauley, Mallard, Peters, Wassermann . 37. 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 West 28th Street. Project will provide water to oil well. Site is located in Precinct 4. C Item 37.odf Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Lloyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . 38. Consider and take action on the City of Bryan utility permit to construct road bore (11 total) under Jones Road. This project will provide water service to customers in the area. Site is located in Precinct 4. M Item 38.)d Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . 39. Consider and take action on the City of Bryan utility permit to construct 8" water line within and along the right -of -way of Linda Lane. There will also be four (4) road bores included in this construction. This project will provide water service to customers in the area. Site is located in Precinct 4. E Item 39.0 Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters. Wassermann. 40. Approval of July 2014 Treasurer Report. U Item 40.odt The Court voted unanimously to receive, approve and order filed as submitted the Treasurer's report for July 2014. A copy is attached and made a part of these minutes. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . 41. Commissioners Court minutes for the following dates: • a. August 5, 2014 - Regular Meeting • b. August 12, 2014 - Regular Meeting • c. August 19, 2014 - Regular Meeting • d. August 26, 2014 - Regular Meeting • e. August 26, 2014 - Public Hearing at 10:30 am • f. August 26, 2014 - Public Hearing at 10:45 am Motion: Approve , Moved by County Judge Duane Peters, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann. 42. Budget Amendments. Budget Amendments FY 13/14 48.1 thru 48.4 92 Item 42.0 Vol. 208 Pg. /% 48.1 Reallocate funds for County Clerk Elections 48.2 Reallocate funds for County Treasurer 48.3 Reallocate funds for District Attorney 48.4 Reallocate funds for Justice of the Peace, Precinct 2, Place 2 Approved contingent on increasing the amount of amendment 48.4 from $900 to $1,650. Motion: Approve w/ Conditions, Moved by Commissioner Irma Cauley, Seconded by County Judge Duane Peters. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard. Peters. Wassermann . 43. Personnel Change of Status. Personnel Action Forms IU Item 43.odf (U Item 43 forms.0 f A copy of the Personnel Change of Status requests is attached. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard . Peters . Wassermann . 44. Payment of Claims. LU Claims Sheet.Ddf 9t BILL LIST 09.16.14.0 f 7125292 through 7125582 Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters. Wassermann . 45. 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 47 through 49 then return to convene into Executive Session to consult with attorney about pending or contemplated litigation and /or settlement offer pursuant to Section 551.071 of the Texas Government Code. Having considered the previously noted agenda items, at 10:50 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 Kendra Suhling, Civil Counsel Eric Caldwell, Chief Information Officer Charles Wendt, Purchasing Agent Monica Salazar. Human Resources 46. Consider and possible action on Executive Session. At 11:20 a.m. the County Judge opened the meeting to the public and announced that no action would be taken on the Closed Executive Session. Vol. 208 Pg. 1L 47. Sheriffs report on inmate population. Wayne Dicky, Jail Administrator stated there were 691 inmates in jail, 59 have electronic monitors and 4 are pending for monitors. 48. Announcement of interest items and possible future agenda topics. The County Judge announced that the budget packets were distributed today through inter -office mail. 49. Call for Citizen input and /or concerns. There was no citizen's input. 50. Adjourn. Vol. 208 Pg. / LL The foregoing minutes of the Commissioners Court meeting held September 16, 2014 have been examined and are approved in open Court this —Ia day of 1) (,1 A 2014, in Bryan, Brazos County, Texas. Duane Peters Lloyd Wassermann County Judge Commissioner, Precinct 1 SaKiny Catale a Commissio r, Precinct 2 Imi6 Cawley Commissioner, Precinct 4 Attest: Kenny Mallaz Commissioner, Precinct 3 Vol. 208 Pg. / �Z COMMISSIONERS COURT MEETING Date and Time 0 q -li,74 i l C Organization/ Department T i � - 11A OJ�t� [All LA j Page —L- of� 21 Vol. 208 Pg. / %,V COMMISSIONERS COURT MEETING D to and Time - /4'1`F e 15�k)ss G- myd cus &A,&�Q VL R «ke r��1 J� jw. A C, - Or�n /J art ynent �Imi • • o_A"o AM! ■ Vol.-208 Pg. i75� �o 9cFF �, =nn IT z 3 mac, e elf Z 2 of Zl- RESOLUTION NO. N-bi j A RESOLUTION APPROVING THE BUDGET OF THE BRAZOS COUNTY EMERGENCY COMMUNICATIONS DISTRICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the laws of the State of Texas provided for interlocal governmental agreements to benefit the citizens of the State; and, WHEREAS, the voters of Brazos County have approved the establishment of the Brazos County Emergency Communications District in accordance with State law; and, WHEREAS, the Board of Managers of the District have approved the Budget for fiscal year 2014 -2015; and, WHEREAS, Section 772.309 of the Health and Safety Code requires the approval of the District's budget by the Commissioners Court of the County located in the District and a majority of the participating jurisdictions in the District; and, WHEREAS, the undersigned authorities have, in public meeting, approved the annual budget of the District as submitted to them; NOW THEREFORE, BE 1T RESOLVED BY THE COMMISSIONER'S COURT OF BRAZOS COUNTY, TEXAS THAT: 1. The Commissioner's Court of Brazos County, Texas hereby approves the annual budget of the District as submitted to them and as provided for by law. 2. A copy of the budget is attached hereto as Exhibit "A" and incorporated herein by This reference for all purposes. 3. This Resolution shall be effective immediately upon its adoption and passage., ADOPTED AND PASSED by affirmative vote this Jay of 2014. BY: Duane Peters, County udge ATTEST: BY: 141c- Karen McQueen, County Clerk �— Vol. 208 Pg. / %� Resolution College Station High School Cougar Baseball Team WHEREAS, Head Coach, Scott Holder, of the College Station High School Cougar Baseball Team along with Assistant Coaches Chris Litton, J.D. Sullivan, Kyle King, and Jason Qualine, led the Cougar Baseball Team to an overall record of 35 -6 during the 2014 baseball season; and WHEREAS, The Cougar Baseball Team started the 2014 season ranked number one (1) in the statewide ranking in only their second year of existence; and WHEREAS, All team members were still underclassmen who had participated in the Cougar Baseball program the previous season and were returning for their second year of existence and competition; and WHEREAS, The College Station High School Cougar Baseball Team attained the highest honor you can achieve during the 2014 season by winning the State Championship in Class AAA, defeating Lubbock Cooper by the score of 9 -8 in the State Tournament first round, and defeating Argyle 5 -2 in the Championship game. NOW, THEREFORE, BE IT RESOLVED that the Commissioners Court of Brazos County takes this opportunity to recognize Coach Scott Holder, his Assistant Coaches, and the College Station High School 2014 Cougar Baseball Team for winning the State Championship in Class AAA, and bringing home a great accomplishment for the College Station Independent, pool District. DULY adopted this 16th dal of Septerkber, 2014 Bryan, Brazos County, Texas. Duane Peter County Judge Comm ssioner Lloyd Wassermann Precinct I Commissions envy Mallard Precinct 3 Vol. 208 Pg. 177 Precinct Catalea 14 -016 5 Resolution College Station High School Cougar Girls Cross Country Team WHEREAS, Head Coach, Josh Munson, of the College Station High School Girls Cougar Cross Country Team along with Assistant Coach, Robert Ondrasek, led the Girls Cross Country Team during its 2013 season to an elite achievement; and WHEREAS, All team members were still underclassmen who were only in their second year of existence and competition; and WHEREAS, The College Station High School Cougar Girls Cross Country Team with leadership established by team member Kelsey Warren, who captured her second individual State Class AAA Championship as a Sophomore during the 2013 season. NOW, THEREFORE, BE IT RESOLVED that the Commissioners Court of Brazos County takes this opportunity to recognize Coach Josh Munson, his Assistant Coach, and the College Station High School 2013 Cougar Girls Cross Country Team for winning the State Championship in Class AAA, along with individual Champion, Kelsey Warren, for bringing home a great accomplishment for the College Station Independent School District. DULY adopted this 16th day of September, 2014 in Bryan, Brazos County, Texas. Duane Peters Countv Judee �x Gcra a�ae AK• . Commissioner Lloyd Wassermann Precinct 1 Commission64enny Mall Precinct 3 Catalena 14 -017 Vol. 208 Pg. 1,;'r 1 Resolution In conjunction with the contract which the Commissioners' Court of Brazos County, Texas has entered into with Justice Benefits, Me. to assist with ohtaining maximum compensation with regards to the federal alien inmate assistance program, the court is now aware that the program requires that all reporting to the federal government and all funding from the federal government will take place via electronic media. The court is now aware that such filing and receipt will require the electronic signature ofthe "CEO " (chiefelected officer) for the County. The CEO for the County is recognized by the Criminal Justice Department to be Duane Peters, County Judge. Therefore: WHERAS, the Commissioners' Court recognizing the need for the county to have the Flexibility to communicate electronically with the Federal Department of the Criminal Justice, does authorize the County Judge to do so through the use of providing electronic signatures for the State Criminal Alien Assistance Program; WHERAS, the Commissioners' Court does further acknowledge that in order to insure that timely filing of information with the Federal Department of the Criminal Justice will require the CEO to delegate responsibility for the use of the application of the accepted electronic signature, does hereby grant the CEO the ability to delegate such authority to the Brazos County Auditor; and WHERAS, the Commissioners' Court does further acknowledge that in order to insure that timely acceptance of funds with the Federal Department of the Criminal Justice will require the CEO to delegate responsibility for the use of the application of the accepted electronic signature, does hereby grant the CEO the ability to delegate such authority to the Brazos County Auditor, and NOW THEREFORE KNOW ALL MEN BY THESE PRESENT the Commissioners' Court does require that subsequent to such use of the electronic signature of the CEO the County Auditor's Office will submit to the County Judge for review and examination a recap summarizing the purpose of the information transmitted and the funding anticipated. DATED this the 16" County Judge C%X°4 , Iner Lloyd Wassermann Sam Precinct I recinct r Commissio Canny Malls :Mssion o ission Precinct 3 Precinct ATTEST: Karen McQueen County Clerk Vol. 208 Pg. / 9 cants 1 BRAZOS COUNTY BRYAN,TEXAS STATE OF TEXAS § § COUNTY OF BRAZOS § ORDER OF INDEMNIFICATION OF THE BRAZOS COUNTY TREASURER WHEREAS, the County of Brazos is a political subdivision of the State of Texas, and WHEREAS, the Texas Local Government Code § 157.903 authorizes the County of Brazos to indemnify its elected or appointed county officers against personal liability for the loss of county funds, or loss of or damage to personal property, incurred by the officer in the performance of of official duties if the loss was not the result of the officer's negligence or criminal action, and WHEREAS, the County of Brazos finds it appropriate to indemnify, defend and hold Harmless its County Treasurer for the loss of county funds, incurred by the County Treasurer in the performance of her official duties if the loss was not the result of the officer's negligence or criminal action. NOW, THEREFORE, BE IT RESOLVED, by the Brazos County Commissioners Court as follows: To the extent permitted by the Constitution of the State of Texas and Texas Local Government Code §157.903, the Brazos County Treasurer shall be indemnified against Vol. 208 Pg. 196 personal liability for the loss of county funds, specifically Seven Thousand Four Hundred Seventy dollars ($7470.00), incurred by the Treasurer for a fine assessed by the Internal Revenue Service. These funds shall be paid from the Treasurer's budget. ADOPTED this IV-1 day of 2014 by a vote of 5 AYES And D NAYS. r --- -" ATTEST: Kalw ,G(C- Karen McQueen, County Clerks : Vol. 208 Pg. BRAZOS COUNTY, TEXAS ACCEPTANCE OF DONATED /AWARDED PROPERTY a DONATION OF COUNTY PROPERTY Date: 8126/2014 OAcceptance of Donated/Awarded Property Donation of County Property (Awarded property requires signed court documentation) Item Description: Fifty 7ft x 3.5ft Filing Shelves Please provide all Information requested below as applicable to the property being accepted or donated. Forme containing any blank fields will be returned for completion. Make: Steelcase Model: R13CI5426A Year: 2007 SNNIN C F/lFunctional r_1 Non - Functional. Explain if Non- Functional Additional DescriptionAnformalion: Quantity of Fifty filing shelves 7ft x 3.5ft. Estimated value S1,900.00/each Estimated value: $1,900.00 F] Check box for Capital Asset (value /initial cost is over 55000) Check the appropriate account based on estimated value ofproperty being accepted: 60010000 (No Asset Tag -Under $500) ./ 67010000 (Minor Property - S500 - $4999) 80010000 (Capital Property - Over 55000) donated to: P✓ Government Fntily: 0 Other (Due to Statuatory requirements prior approval is required by Purchasing: property 1 certify that the above mentioned item has been donated or awarded to Brazos County. This item has been received in good faith and upon approval by Cotmnissioner's Court will become a part of the General Fixed Asset Account of Brazos County. The determination to accept or reject the donation will be made of the sole discretion of Commissioners Court based upon such things as usefulness, projected operating, maintenance and insurance costs. Requesting Department: Organization Receiving Donated Property: ill-011ice Name At tiro zed Signature �fthorimd Signature ........................................ ................... . ------------ A pro by onunissioners tt..f((JJ on this It (� ' day of -. Commissioners Court Approval Vol. 208 Pa. / Ya� a Brazos County Job Description Last Updated: September 2012 RFCF�V�pTe Wtenevubn1.20911=0* SEPpbAft Class Number: 1508 Tide: Correctional Health ProfeasionayTemporary _.�._ I Pay Group 19 Department: +Sheriff-Jell Admin. FLSA Status: Non Exempt Reports To __,._. Sergeant, Jall Nurse Approved Date: 1 0101/2 01 3 EEOC Category Paraprofessionals i Temporary Position End i 0913012014 I Employee Date: i Signature: I � General Summary: __. _ _,— Remains on call as needed to respond to any emergency slluallone at the Jell stilly aeslNS In avaNatlno total health care needs of inmelec; performs medical screening functions; dispenses medications as needed; schedules doctor appolnlmeMS for Inmates; performs medical tests; and completes charts and necesserypaparwork. �Eesentlal Duties: I Other tlulies maybe assigned. Performs medical screening and Interviewing of inmates to determine their health needs; Hand bs mediation, Including screening, packing, dispensing, receiving and entering Into the computer; Assesses Inmates' medical needs and arranges for orprovldes treatment, Including wound treatment, suture removal and minor surgery; Performs PPD skin tests on Inmates and department employees, Including reviewing results, entering results into the computer and completing necessary paperwork; Sala appointments for Inmates to see a physician, psychiatrist or dentist as needed; Assists doctors with examinations and medication administration; Maintains medical security and safety procedures for Inmates and staff; Prepares and dispenses medication and supervises self administration: Prepares health care evaluallons, Instructions and j counseling to Inmates, Including reviewing Inmate medical requests; Maintains Inventory of and orders medical equipment, supplies and drugs and j maintains security control of these Items; Monitors blood sugar and blood pressure on hypertensive and diabetic Inmates on a frequent basis and I gives insulin and other Injections as necessary; Answers Inmate and stag Inquiries; Maintains medical charts, records and other required medical f documentation, and requests for medical record transfers or new Inmates; MalMalne cleanliness In work area; Requests special diets for inmates as necessary; Performs clerical duties such as filing of records; and Works on -call as necessary. Other Duties as assigned. (1%) :. uQervso_ Received: From Sergeant, JaII N .rs.e GIVen: . .— .. . .._ ... —. i This Is anon•supervleoryposition. Education Required: Aasinmenf of Ceraloelon as a Licensed Vocrilonal NUne(LVN) or any a(lulvatent Combination of education and experience, which provides the required knowledge, skills and ablates. _. __ ......... ...... ..__ _...._.._._ _.--- _. — ----- -....... Preferred' Experience Required To ape perform this joo auccessruliy an Individual must bee Melo perform each essential duly satialadadly. The j requirements listed berme are representative of the knowledge, skill, andror abtay required. Reasonable i ecoommodallons maybe made to enable Individuals with disabilities to perform the essential lunctbns. Preferred• i Certificates, Licenses, Registrations Required: i .h__h_ew a Lfoeesad Vocational Nurse (WN) or Paramedic level certification or above. i Vol. 208 Pg. / 3� iZ -- -- - Preferred• i - -.- Ph steal Demands_ T -- _ - Y- - -- - -- _ — Typloal: Tire physical demands described here are represenlelWe M those Thal must be met by an employee to successfully perform the essential functions of this Job. Reasonable accommodallons maybe made to enable I Individuals wllh disabilities to perform the essential f unctions. 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 ern; bend and i kneel; and talk and hear. The employee Is frequently required to stand and walk. The employee must '. frequently lift andlor move objects weighing up to 20 pounds, such as books and slacks of records. Specific t vision abilities required by this Job Include Close vision and ability to adjust focus. -..... ......._......_...._._ -..— — ___ .... ....... ...... _. --- .---- _— Knowledge, SMIS, Q r Abllltlas 7ypiCel: First ald, pharmacology, cardiopulmonary resuscitation, nursing and standard jail practices and procedures pref erred. Work effecllvaly with Inmates, other staff members and the public; analyze data; read prescriptions and warning labels; reason and make medical judgments and decisions, espeelally In emergencies; follow instructions; administer Injections; demcnstrale proficiency In both oral and written communication; and operate — compulors. - --'........_ ......... ......._._- .._... _._......_.._.----- -I Wwk Environment _..__ _ _.......... -- -� Typical: The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable Individuals with disabilities to perform the essential functions. The noise level In the work environment Is usually high. While performing the essential duties of this job, the employee Is constantly required to perform multiple I tasks simultaneously, to work under time pressures to most deadlines, and to work closely with others as a part ' of a team. The employee is frequently required to respond to emergency situations. PR Duane Peters Date County Judge Vol. 208 Pg. / � V 3 TEXAS DEPARTMENT OF PUBLIC SAFETY TEXAS DIVISION OF EMERGENCY MANAGEMENT (TDEM) NOTICE OF GRANT AWARD Program Title: FY 2014 Emergency Management Performance Grant (EMPG) DHS Instrument Number: 2014 -EP -00011 GDEM Grant Number: 14TX -EMPG -1440 Administered By: Texas Division of Emergency Management Texas Department of Public Safety P.O. Box 4087 Austin, Texas 78773 -0220 Recipient: Brazos County 200 S. Texas Ave, Ste 332 Bryan, TX 77803 -3999 Amount of Grant: $56,751.24 Period of Grant: October 1, 2013 to March 31, 2015 The period of grant reflects a six (6) month PROGRAMMATIC extension to complete and close out your FY 14 EMPG grant year. Signing Acceptance of this document means that you accept and will comply with all requirements listed in the attached FY 2014 Terms and Conditions. AGENCY APPROV W. Nim Kidd, t;hm Assistant Director Texas Department of Public Safety Chief Original Signature Required Tinted Name/Title: 1)vAy [- 'Pete-" • . Elm �1II1Iltfi Return Signed Copy of This Page within 45 days to: Texas Department of Public Safety Texas Division of Emergency Management Attention: Heather Baxter, Office of Management and Budget P.O. Box 4087 OMB MSC 0229 Austin, TX 78773 -0220 Vol. 208 Pg. / Emergency Management Performance Grant Report Due Dates (Progress, Financial, and Metrics Reports) Emergency Management Performance Grant (EMPG) participants must submit three types of reports on an annual basis: progress reports, financial reports, and metrics reports. These reports are in addition to the requirements outlined in the 2014 Local EMPG Guide. Due dates for each report are listed below. . 1" Quarter January 31, 2014 20 Yearly Repo October 15, 20 14 Submit progress reports to Heather Baxter at Heather.BaxtergDdos.texas.rtov Financial and Metirks Report "Due Dates . 1" Quarter January 31, 2014 2" Quarter April 30, 2014 3'd Quarter July 31, 2014 4`" Quarter October 31, 2014 Submit financial reports to Doris Grisham at Doris.Grisham andps.texas.eov. Submit progress reports and metrics reports to Heather Baxter at Heather.Baxter@dps.texas.aov. Please note: Failure to submit reports by the stated deadlines may result in o reduction of funding. Vol. 208 Pg. /'�Z v , 2014 Emergency Management Performance Grant (EMPG) Terms and Conditions 1. Purpose: The FY 2014 priority for this program is to advance "Whole Community" security and emergency management. Grant funds will be used to support local comprehensive emergency management programs to encourage improvement of mitigation, preparedness, response, and recovery capabilities for all hazards. Funding may be used to support activities that contribute to the capability to manage consequences from acts of terrorism. Funds provided may also be used to accomplish initiatives described in the Federal Program Guidelines, including local implementation of the National Incident Management System (NIMS), incorporation of appropriate references to the National Response Framework (NRF) into local plans, homeland security assessment and strategy integration, and assessment of local emergency management program using Emergency Management Assessment Program (EMAP) standards. 2. Grant Conditions: Identify the source of funding under which this award is funded and reference the government code. The federal grant terms and conditions are located at: http://www,fema.gov/media-library/assets/documentslg2248 3. Grant Acceptance: Notice of Subrecipient Grant Award remains an offer until the signed copy of the Acceptance of Subrecipient Grant Award is received by the Department of Public Safety in accordance with the instructions provided in the transmittal letter. 4. Work to Be Performed: The approved FY 2014 Statement of Work and Progress Report template outlines eight tasks that the grantee must perform during the grant period.. The following additional tasks are also required of Subrecipients: A. Implement (NIMS) at the local level. B. Incorporate pertinent information concerning NRF into the local or inter-, jurisdictioral emergency management plan and its annexes. C. Subrecipients must have a tracking system of record to organize and coordinate resources in response to incidents. D. During the performance period of this grant, Subrecipient must maintain an emergency management plan at the Advanced Level of planning . preparedness or higher, as prescribed by the Texas Division of Emergency Management (TDEM). This may be. accomplished by jurisdictions maintaining their own: ; emergency management plan or participating in an inter - jurisdictional emergency management program that meets the required standards. If TDEM identifies .', deficiencies in the Subrecipients plan, Subrecipients will correct deficiencies ' within sixty (60 ) days of receiving notice of such deficiencies from TDEM. 1 Vol. 208 Pg. / Ll E. Subreciplent agrees to make no request for reimbursement for goods or services procured by the Subrecipient either prior to the start of the period of performance stated' in this award document or after the end of the period of performance. F. Notwithstanding any other provisions of this document, the parties understand and agree that the obligations of TDEM under this Agreement are contingent upon the availability of adequate funds to meet TDEM's liabilities. TDEM shall not be liable to the Subrecipient for costs under this Agreement that exceed the amount specified in the ` Notice of Subrecipient Grant Award, 7. Single Audit Act Requirements: If Subrecipient has expenditures in excess of $500,000 in federal funds of all types within a single fiscal year, it must have an audit performed in accordance with the Single Audit Act as amended. Subrecipient agrees to comply with the audit requirements of OMB Circular A -133, Audits of States, Local Governments, and Non- profit Organizations. B. Reporting Requirements: Subrecipient agrees to comply with all reporting requirements and shall provide such information as required by TDEM. Reporting requirements are found in the 2014 Local Emergency Management; Performance Grant (EMPG) Guide. Subrecipients maybe_ required to submit additional information and data requested by TDEM and after the end of the period of performance in order to close out the grant. A copy of the 2014 Local Emergency Management Performance Grant (EMPG) Guide can be found on the TDEM website at: http: / /www txdas. state. tx. us /dem /CouneiIsCommittees /EMPG /empgGuide.pdf. Subrecipient must prepare and submit Semi - Annual Progress Reports to TDEM for the duration of the grant performance period or until all grant activities are completed and the grant is formally closed. Tin fi f rf rtin eriod is October 1 to March 31 ( ro ress re ort due A ril 15) e rs pe ormance repo g p p g p p and the second reporting period is April 1 to September 30 (progress report due October 15). Subrecipient may also be required to submit additional information and data as requested by TDEM. 9. Review of Work and Expenditures: TDEM may review the work'of the Subrecipient with respect to approved program tasks and expenditures. for which reimbursement is requested to ensure the federal awards are used for authorized purposes in compliance with laws, _,regulations, and the provisions of this contract or grant agreement and that performance goals are achieved. These .reviews may include, without limitation: comparing actual Subrecipient activities to those approved in the sub -award application and subsequent modifications if any; ensuring that grant funds have been expended in accordance with applicable guidelines; - confirming compliance with grant assurances, and verifying information provided on performance reports and payment requests. EMPG grant funds cannot be matched with an other federal funds. 10. Lobbying: A. As required by Section 1352, Title 31 of the U.S. Code, and implemented at 28 CFR Part 69, for persons entering into a grant or cooperative agreement over $100,000, as defined at 28 CFR Part 69, the Subrecipient certifies that: 1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the Subrecipient; to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making 3 Vol. 208 Pg. 4. •B..Subreciplent agrees to monitor their program to ensure that federal awards are used for authorized purposes in compliance with laws, regulations, and the provisions of contracts or grant agreements and that the performance goals are achieved. C. TDEM may perform periodic reviews of Subrecipient performance of eligible' activities and approved projects.. These reviews- may include, without limitation: performance'of an on -site audit and compliance monitoring, including inspection of all grant- related records and items, comparing actual Subrecipient activities to those approved in the sub -award application and subsequent modifications if any, ensuring that advances -have been disbursed in accordance with applicable guidelines, confirming compliance with grant assurances, verifying information provided in performance reports and reviewing payment requests, needs and threat assessments and strategies- f`. D., Subrecipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law; x regulation or policy, at any level of government, without the express prior written ` approval of FEMA National Preparedness Directorate. E. The Subrecipient official certifies federal funds will be used to supplement existing funds, and will not replace (supplant) funds that have been appropriated for the same purpose. Subrecipient may be required to supply documentation certifying that a reduction in non - federal resources occurred for reasons other than the receipt or expected receipt of federal funds. 13. Reimbursement for Expenses: Reimbursement for expenses incurred during the second and fourth quarter of Fiscal Year 2014 will not be disbursed until TDEM receives the first and second semi - annual EMPG -'' Progress Reports, which are due on April 15, and October 15, respectively. 14. Choice of Law: This agreement shall be construed and governed by Texas law. 15. Changes to the Law: DPS is a state agency whose authority and appropriations are subject to the actions of the Texas Legislature and the United States Congress. If DPS and/or the subject matter of this contract become subject to a legislative or regulatory change, revocation . of statutory or regulatory authority, or Iack;of funds that would render the services and /or goods and /or- payment.to be provided under this agreement impossible, unnecessary, void, or substantially amended, DPS may terminate this agreement without penalty to, or any liability" , Whatsoever on the part of, DPS, the State of Texas, or the United States. This contract does not grant vendor a franchise or any other vested property right. 16. Written Modification: No modification or amendment to this Agreement shall become valid, . unless in writing and signed by both parties. 17. To the extent it applies, Subrecipient shall comply with Texas Government Code, -Chapter .783, 1 Texas Administrative Code (TAC) §§ 5.141 et seq., and the Uniform Grant Management Standards, State Uniform Administrative Requirements for Grants and - Cooperative " Agreements, Subpart B, §_14. 5 Vol. 208 Pg. /fy THE STATE OF TEXAS § COUNTY OF BRAZOS § 15 This contract made and entered into this the JU! day of September, 2014, by and between TEXAS VOTING SYSTEMS, INC., a Texas Corporation, BRAZOS COUNTY and the BRAZOS COUNTY CLERK, as Contracting Officer for the CITY OF BRYAN, BRYAN INDEPENDENT SCHOOL DISTRICT, CITY OF COLLEGE STATION and COLLEGE STATION INDEPENDENT SCHOOL DISTRICT. WITNESSETH: Whereas, Texas Voting Systems, Inc. is the business of selling election services and supplies; and Whereas, BRAZOS COUNTY and the BRAZOS COUNTY CLERK is desirous of employing the services of TEXAS VOTING SYSTEMS, INC. in connection with the GENERAL, SPECIAL, CITY OF BRYAN CHARTER AMENDMENT, BRYAN INDEPENDENT SCHOOL DISTRICT, CITY OF COLLEGE STATION, COLLEGE STATION INDEPENDENT SCHOOL DISTRICT ELECTIONS to be held on November 4, 2014 in Brazos County, Texas; Now, Therefore, in consideration of the premises and mutual promises and obligations herein set forth, it is agreed that: TEXAS VOTING SYSTEMS, INC. will provide the following sunolies: (a) Forty -three (43) custom gathered election sets to include one Early Voting Ballot Board and Central Counting. (b) Five thousand (5,000) sample ballots (c) All required numbered seals for eSlates and JBC's and transfer cases (d) Precinct polling place supply packs (pens, tape, paper clips, tacks, and highlighters ) as required TEXAS VOTING SYSTEMS, INC. will provide the following services: (a) Programming for the elections. (b) Pre -define voting equipment (328 eSlates, 36 JBCs for Election Day, 50 eSlates, 5 JBCs for Early Vote (c) Back up of the equipment (d) Provide assistance on election day as required to include Central Counting (e) Clear equipment after retention period (0 Transport equipment to 23 polling places and return to the warehouse after the election (Precincts 1, 3/23, 5/37/48/60/61, 6, 7, 25/62164/81, 27/42/56, 28/68, 29, 38, 29, 44/45/78 to be picked up and returned by the election judges.) (g) Provide consulting services before and after the election Vol. 208 Pg. / t The BRAZOS COUNTY CLERK, shall be responsible for, and hereby assumes the following duties and obligations in regard to the GENERAL, SPECIAL, CITY OF BRYAN CHARTER AMENDMENT, BRYAN INDEPENDENT SCHOOL DISTICT, CITY OF COLLEGE STATION, COLLEGE STATION INDEPENDENT SCHOOL DISTRICT ELECTIONS to be held on November 4, 2014: (a) Payment of Election Judges and Clerks, (b) Payment of Central Counting staff, Early Voting Ballot Board, and Signature Verification Committee (c) Furnish'rexas Voting Systems, Inc. a complete list of all candidates and for all races to be conducted in the above mentioned election (d) All reports, expense accounts, canvass of the election, conduct of the election at the individual polling places and any other statutory requirements as required by the Texas Election Code and /or the Federal Voting Rights Act. (e) Payment of the TEXAS VOTING SYSTEMS, INC. contract IV The consideration to be paid by BRAZOS COUNTY to TEXAS VOTING SYSTEMS, INC. for the services rendered and supplies provided by said corporation for the GENERAL, SPECIAL, CITY OF BRYAN CHARTER AMENDMENT, BRYAN INDEPENDENT SCHOOL DISTICT, CITY OF COLLEGE STATION, COLLEGE STATION INDEPENDENT SCHOOL DISTRICT ELECTIONS to be held on November 4, 2014 is THIRTY -TWO THOUSAND THREE HUNDRED FIFTY DOLLARS AND NO CENTS ($32,350.00) APPROVED by BRAZOS COUN this of S ptember, 2014 E. Duane Peters County Judge 4l Karen McQueen only Clerk / W: C. "Bill" Sims Vice President, Texas Voting Systems, Inc. CTVS Co". Ek I IN614 ro ^ 'Dp'� Vol. 208 Pg. / 9/ TAE STATE OF TEXAS § COUNTY OF BRAZOS § BEFORE ME, the undersigned Notary Public in and for said County and State, on this day personally appeared W. C. "Bill" Sims, known to be to be the person and officer whose name is subscribed tot he foregoing instrument and acknowledged to me the same was the act of the said Texas Voting Systems, Inc., a corporation, and that he executed the same as the act of such corporation for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of kiY4.0 Zqq �for o ubl County, Texas JUDY P ONDRASEK Notary Pubi C, State of Texas My Commission ExWles November 09, 2016 CI VS Cwt /Con Fk IV04114 CM Vol. 208 Pg. m FUNDING AGREEMENT . BETWEEN BRAZOS COUNTY AND HEALTH FOR ALL, INC. THIS FUNDING AGREEMENT ( "Agreement ") effective October 1, 2013 is entered into by and between Brazos County, Texas, acting by and through its duly elected County Commissioners (hereinafter "County "), and the Health for All, Inc. (hereinafter "Service Provider "), located at P.O. Box 5913, Bryan, Texas 77805, RECITALS WHEREAS, the medical care of the County's eligible indigent population has become a growing problem; and WHEREAS, pursuant to Chapter 61 of the Texas Health and Safety Code, the County is the payor of last resort for the provision of basic health care services to eligible indigent county residents; and WHEREAS, the County is required by Chapter 61 of the Health and Safety Code to provide, as a payor of last resort, certain basic health care assistance to its eligible count residents and desires to do so through the Service Provider, NOW THEREFORE the parties agree to the following terms and conditions to provide such eligible indigent health care. AGREEMENT Term The Agreement shall continue in force and effect for a term of twelve (12) months commencing on the 1st day of October, 2013 and terminating 30th day of September, 2014. Cancellation This Agreement may be canceled by any of the parties hereto upon sixty (60) days written notice as provided herein. Services to be Performed by Service Provider Service Provider shall provide the following services through trained, staff to qualified county residents pursuant to the guidelines currently implemented for making such determination: physical exams, educational Information, information on sources of prescription medication and/or access to "sample" or subsidized medications, coordination of physician care during hospitalization (collectively "Services "). Health For Alf Agreement Fug. l of Is Vol. 208 Pg. /I �' Use of Countv Funds Funds to be furnished to Service Provider as stated below shall be used provide support for the increase in providers, operations, and access to healthcare. The primary goal of the project is to expand the capacity at the free clinic thereby improving access to chronic disease management and preventive services for the indigent population in the region. The County and Service Provider acknowledge that the County's purpose in providing funds hereunder is to provide medical assistance to eligible indigent applicants and help expand access to primary care clinic space, hours, and clinic staffing and that trained personnel of Service Provider is designed to accomplish these goals. Funds will not be used to purchase or build a clinic or office nor will they be used to purchase land. County's Payment The County agrees to provide the Service Provider a maximum sum of $25,000.00 ("Funds") for the term of this Agreement. This sum shall be paid quarterly Responsibilities of Service Provider Service Provider will be responsible for providing the following Services pursuant to this Agreement: 1. Completing all necessary application forms to potentially eligible indigent individuals. 2. Obtaining and compiling information on each applicant for Service Providers Services with regard to residency and financial qualifications. 3. Maintaining this Agreement. 4. Provision of the Service Providers Services as defined herein. 5. Maintaining data files on clients /patients and the Services provided thereto. 6. Responding to all and any inquiries by the County regarding the Service Provider and its Services. 7. Assisting the County with information needed for audit purposes. B. Providing the County with quarterly financial statements. 9. Providing the County with any and all certified audits of Service Provider and the management letter prepared in connection therewith. Health For AllAgreeme f Pagel of l5 Vol. 208 Pa. //`V 10. Providing financial statements evidencing how County funds are spent. Such statements to be submitted to County one (1) week prior to the funding dates set forth herein above. 11. Providing the County with statistics evidencing the number of Brazos County residents using the Service Provider's Services and the percentage Brazos County residents comprise of the total population using Service Provider's Services. Record Retention The Service Provider shall be responsible for record keeping on all Services provided to those individuals using its services and all financial records. The Service Provider agrees to maintain and make available for inspection by the County upon request, consistent with personal privacy, and subject to the limitation of state law, any and all records the County determines, in its sole discretion, to be necessary for the County to justify its continued participation in supporting the Service Provider with funding. Such records shall be retained for at least three (3) years from the date the service was provided. These records shall be made available for inspection and audit by the County, if it so desires. Accountina and Audit The Service Provider agrees that County, or its designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. The Service Provider agrees to maintain such records for possible audit for a minimum of three (3) years after the termination date of this Agreement, unless a longer period of records retention is stipulated. The Service Provider agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. The Service Provider agrees that County, or its designated representative, shall further have the right to review and to copy any records and supporting documentation for prior years in which County provided funds to the Service Provider under prior Agreements. Any audit will be conducted by County personnel or an independent third party, as determined by the Brazos County Commissioners Court. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the Service Provider. Discrimination The Service Provider shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Service Provider shall take affirmative action to ensure that applicants who are employed are treated during employment, without regard to their race, color, religion, sex, or national Health For All Agreement Page 3 of 35 Vol. 208 Pg. %5� origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rated of pay or other forms of compensation; and selection for training, including apprenticeship. The Service Provider agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. Confidential!ty The Service Provider shall comply with applicable local, State and Federal statutes, laws and regulations as well as administrative rules regarding confidential records or other information obtained by the Service Provider concerning persons served under this Agreement. The records and information shall be protected by the Service Provider from unauthorized disclosure. Health Insurance Portability and Accountabilitv Act The Service Provider certifies that it is in compliance with the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Public Law No. 104 -191, 45 CFR Parts 160, 162 and 164, the Social Security Act 42 U.S.C. 1320d -2 through 1320d -7, in that such Service Provider may not use or disclose protected health information other than as permitted or required by law and agrees to use appropriate safeguards to prevent use or disclosure of the protected health information. The Service Provider shall maintain for a minimum of six (6) years all protected health information. Indemnity The Service Provider agrees to and shall indemnify and hold harmless and defend the County, its officers, agents, and employees from and against any and all claims, losses, damages, causes of action, suits, and liability of any kind, including claims of respondent superior or vicarious liability, including all expenses of litigation, court costs, and attorney's fees, for injury to or death of any person or any breach of Agreement arising out of or in connection with any work done by the Service Provider pursuant to this Agreement. Insurance Each party to this agreement is responsible for maintaining its own liability insurance and worker's compensation insurance, and each party will provide proof of same to the other party on request. The Service Provider shall maintain during the term of this Agreement a $1,000,000.00 malpractice insurance policy and a General Liability Policy of $1,000,000.00 naming Brazos County, as an additional insured. Such coverage shall be designated as primary over any coverage Brazos County may have in force. Service Provider shall provide a Certificate of Insurance for both policies which shall provide for a fifteen (15) days advance notice to County of the cancellation of such policy. Heallh For All Agreemem Page 4 afIJ Vol. 208 Pg. y Independent Contractor In all activities or Services performed hereunder, the Service Provider is an independent contractor, and not an agent or employee of the County. The Service Provider, as an independent contractor, shall be responsible for all medical services provided and medical decisions made pursuant to the terms of this Agreement. The Service Provider shall supply all materials, equipment and labor required for providing of medical services as required herein. The Service Provider shall have ultimate control over the execution of the work under this Agreement. County shall have no control over any decision, recommendation, or action taken by the Service Provider pursuant to this Agreement. The County assumes no liability for actions of the Service Provider under this Agreement, Including, but not limited to, the negligent acts and omissions of Service Provider's agents, employees and subcontractors in their performance of the Service Providers duties as described under this Agreement. The Provider agrees to hold harmless Brazos County against any and all liability, loss, damage, cost or expenses, including attorney's fees, arising from the intentional torts, negligence or breach of Agreement of the Service Provider, with the exception of acts performed in conformance with an explicit, written directive of the County, through its authorized agents. The Service Provider may not subcontract any portion of this Agreement nor delegate any duties hereunder without prior written approval by Brazos County. In emergencies, the Service Provider will request approval in writing within at least (24) twenty-four hours of the use of a subcontractor to fulfill any obligations of this Agreement. Licensing The Service Provider is required to maintain all applicable licensing permits to practice medicine. All permits to or certification necessary to operate the Provider's clinics shall also be maintained. Copies of any applicable licenses are to be filed with Brazos County. Events of Default: The following shall be considered events of default: a. Failure to maintain license to practice medicine or any restrictions being placed upon such license by the Texas State Board of Medicine making the providing of services hereunder impossible or difficult. b. Failure to maintain all permits and licenses necessary to keep Service Provider's clinics in operation. Heelih Ford It Agreenrwrl Page S of IS Vol. 208 Pg. / y7 c. Cancellation of Service Provider's medical malpractice insurance. Upon an event of default, the County may terminate this Agreement on three (3) days written notice mailed by certified mail return receipt requested to the address listed below. Right of Audit and Monitoring Service Provider agrees that County, or its designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Service Provider agrees to maintain such records for possible audit for a minimum of three (3) years after the termination date of this Agreement, unless a longer period of records retention is stipulated. Service Provider agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have Information related to such records. Service Provider agrees that County, or its designated representative, shall further have the right to review and to copy any records and supporting documentation for prior years In which County provided funds to the Service Provider under prior Agreements. Any audit will be conducted by County personnel or an independent third party, as determined by the Brazos County Commissioners Court. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the Service Provider. Venue and Governing Law The venue of this Agreement is Brazos County, Texas, and this Agreement shall be governed by and in accordance with the laws of the State of Texas. Notices All notices required to be given hereunder shall be deemed to be duly given by delivering such notice or by mailing it, registered mail to the other party at the following addresses: Health for All, Inc. C/O Executive Director P.O. Box 5913 Bryan, Texas 77805 Further Assurances Brazos County C/O Commissioners Court 2C0 S. Texas Ave., Suite 310 Bryan, Texas 77803 Each party hereto agrees to perform any further acts and to execute and deliver Healih For All Agre mem Vol. 208 Pg. / / Page 6 of 15 any further documents which may be necessary to carry out the provisions of this Agreement. Severability In the event that any of the provisions or portions thereof, of this Agreement, are held to be unenforceable or invalid by any court of competent jurisdiction, the validity and enforceability of the remaining provisions or portions thereof shall not be affected thereby. Amendments This Agreement may be modified or amended at any time during its term by mutual consent of the parties, expressed in writing, and signed by the parties. Waver No failure of Brazos County to assert any right or remedy hereunder will act as a waiver of its right to assert such right or remedy at a later time nor constitute a "course of business" upon which Service Provider may rely, for the purpose of denial of such a right or remedy to Brazos County. Prior Notification The Service Provider agrees to notify Brazos County prior to issuing public announcements or press releases concerning work done pursuant to this Agreement, or funded in whole or In part by this Agreement, and to cooperate with Brazos County in joint or coordinated releases of information. Notice of Change The Service Provider shall give thirty (30) days prior written notice to Brazos County, if there is a change in the Service Provider's legal status, federal employer identification number (FEIN) or address. Brazos County reserves the right to take any and all appropriate action. The Servicd Provider agrees to hold harmless Brazos County for any acts or omissions by the County resulting from the Service Provider's failure to notify of these changes. i In the event Service Provider becomes a party to any litigation, Investigation or transaction that may reasonably be considered to have a material Impact on its ability to perform under this Agreement, the Service Provider will immediately notify Brazos County in writing. Tax Exempt Status As a political subdivision of the State of Texas, Brazos County is tax exempt. Tax exemption certification will be furnished upon request. Health For A1f Agremmo Page 7 of IS Vol. 208 pg.! Sovereian Immuni This Agreement is expressly made subject to Brazos County's Sovereign Immunity, Title 5 of the Texas Civil Practices and Remedies Code, and all applicable Federal and State law. The parties expressly agree that no provision of this Agreement is in any way 'intended to constitute a waiver or any immunities from suit or from liability that the Brazos County has by operation of law. Nothing in this Agreement is intended to benefit any third party beneficiary. Assionability This Agreement is not assignable by the Service Provider without the prior written consent of the County. Fiscal Funding Clause Notwithstanding any provisions contained herein, the obligations of the County under this Agreement are expressly contingent upon the availability of funding for each item and obligation contained herein for the term of the Agreement and any extensions thereto. The Service Provider or any other person or entity directly or indirectly employed by the Service Provider or any other person or entity to whom the Service Provider may be liable to, shall have no right of action against the County in the event the County is unable to fulfill its obligations under this Agreement as a result of lack of sufficient funding for any item or obligation from any source utilized to fund this Agreement or failure to budget or authorize funding for this Agreement during the current or future fiscal years. In the event that the County is unable to fulfill its obligations under this Agreement as a result of lack of sufficient funding, or if funds become unavailable, the County may, in its sole discretion, provide funds from a separate source or may, in its sole discretion, terminate this Agreement by written notice to the Service Provider at the earliest possible time under the circumstances. Entire Agreement This Agreement contains the entire understanding between the parties hereto concerning the subject matter contained herein. There are no representations, agreements, arrangements, or understandings, oral or written, between or among the parties hereto, relating to the subject matter of the Agreements, which are not fully expressed herein. Healrh Flu• All Agmemew Page 8 ofJ5 Vol. 208 Pg. In witness whereof, the parties hereto have caused this Agreement to be executed by their duly authorized representatives. SERVICE PROVIDER C;ea;i or All, I Date Executive Director BRAZOS COUNTY, TEXAS Duane Peters County Judge ATTEST: Karen McQueen, County Clerk Health Fm- All Agre iwil Vol. 208 Pg. ,W l Page 9 of 15 13 BRAZOS COUNTY BUSINESS ASSOCIATE AGREEMENT ("HIPAA"). The parties acknowledge that federal regulations relating to the confidentiality of individually identifiable health information require covered entities to comply with the privacy standards adopted by the U.S. Department of Health and Human Services as they may be amended from time to time, 45 C.F.R. parts 160 and 164, subparts A and E ( "the Privacy Rule ") and the security standards adopted by the U.S. Department of Health and Human Services as they may be amended from time to time, 45 C.F.R. parts 160, 162 and 164, subpart C ( "the Security Rule "). Collectively, the Privacy Rule and the Security Rule are referred to herein as " HIPAA Rules." The HIPAA Rules, as well as any applicable state confidentiality laws, require Covered Entity to ensure that business associates who receive confidential information in the course of providing services on behalf of Covered Entity comply with certain obligations regarding the confidentiality of health information. "Covered Entity" and "Business Associate" are defined in the HIPAA Rules, and for the purposes of this Agreement, shall refer to Brazos County and Service Provider, respectively. Purposes for which Protected Health Information May Be Used or Disclosed. In connection with the services provided by Business Associate on behalf of Covered Entity pursuant to this Agreement, Covered Entity may use and disclose protected health information ( "PHI "), as defined in the HIPAA Rules. C. Business Associate Obligations. Business Associate agrees to comply with applicable federal and state confidentiality and security laws, Including, but not limited to the Privacy Rule and Security Rule, including without limitation: Use of Protected Health Information ( "PHI "). Business Associate shall not use PHI except as necessary to fulfill the purposes of this Agreement. Business Associate is permitted to use and disclose PHI as necessary for the proper management and administration of Business Associate or to carry out its legal responsibilities and its responsibilities under this Agreement. However, Business Associate shall in such case: (a) provide training to members of its workforce regarding the confidentiality requirements in the HIPAA Rules and this Agreement; Heath FarA!! Agreenrew Page 10 of I5 Vol. 208 PE. � (b) obtain reasonable assurances from the person to whom the information is disclosed that it will be held confidential and further used and disclosed only as required by law or for the purpose for which it was disclosed to the person or entity; (c) agree to notify the Covered Entity of any instances of which it is aware in which the PHI is used or disclosed for a purpose that is not otherwise provided for in this Agreement or for a purpose not expressly permitted by the HIPAA Rules; and (d) ensure that all disclosures of PHI are subject to the principle of "minimum necessary use and disclosure," i.e., only PHI that Is the minimum necessary to accomplish the intended purpose of the use, disclosure, or request may be disclosed. 2. Disclosure to Third Parties. If Business Associate discloses PHI received from Covered Entity, or created or received by Business Associate on behalf of Covered Entity, to agents, including a subcontractor, Business Associate shall require the agent to agree to the same restrictions and conditions that apply to Business Associate under this Agreement. Business Associate shall ensure that any agent, including a subcontractor, agrees to implement reasonable and appropriate safeguards to protect the confidentiality, integrity, and availability of the electronic PHI that it creates, receives, maintains, or transmits on behalf of the Covered Entity. Business Associate shall be fully liable to Covered Entity for any acts, failures or omissions of the Agent in providing the services as if they were Business Associate's own acts, failures or omissions, to the extent permitted by law. Business Associate further expressly warrants that its Agents will be specifically advised of, and will comply in all respects with, the terms of this Agreement. 3. Data Aooreoation. In the event that Business Associate works for more than one Covered Entity, Business Associate is permitted to use and disclose PHI, but only in order to analyze data for permitted health care operations, and only to the extent that such use is permitted under the HIPAA Rules or the issuing court's orders. 4. De- identified Information. Use and disclosure of de- identified health information is permitted, but only if (i) the precise use is disclosed to Covered Entity and permitted by Covered Entity in its sole discretion and (1i) the de- Identification is in compliance with 45 CFR §164.502(d), and any such de- identified health information meets the standard and implementation specifications for de- identification under 45 CFR §164.514(a) and (b). 5. Notice of Privacy Practices. Business Associate shall abide by the limitations of any Notice of Privacy Practices ( "Notice ") published by the Health Por All Agreemew Page I r aJis Vol. 208 Piz. � 0.3 91 Covered Entity of which it has knowledge. Covered Entity shall provide to Business Associate such Notice when it is adopted. Any use or disclosure permitted by this Agreement may be amended by such Notice. However, the amended Notice shall not affect permitted uses and disclosures on which Business Associate retied prior to such notice. Use or Disclosure That Would Violate HIPAA. Business Associate is prohibited from further use or disclosure of PHI in a manner that would violate the requirements of the HIPAA Rules if the PHI were used or disclosed by the Covered Entity. 8. Safeguards. Business Associate shall maintain appropriate safeguards to ensure that PHI is not used or disclosed other than as provided by this Agreement or as Required by Law. Business Associate shall implement administrative, physical and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of any electronic PHI it creates, receives, maintains, or transmits on behalf of Covered Entity. 9. Records Manaaement. Upon termination of this Agreement, Business Associate agrees to return or destroy all PHI received from Covered Entity that Business Associate maintains in any form and shall comply with federal and state laws as they may be amended from time to time governing the maintenance or retention of PHI. If the return or destruction of PHI is not feasible, Business Associate agrees to extend the protections of this Agreement to the information and limit further uses and disclosures to those purposes that make the return or destruction of the information infeasible. 10. Individual Rights Regarding Designated Record Sets If Business Associate maintains a designated record set (as defined in the HIPAA Rules) on behalf of Covered Entity, Business Associate agrees as follows: Health For All Agm,ramt Page 11 of 1.1 Vol. 208 Pg. L2 (a) Correction of PHI. Business Associate agrees that it will amend PHI maintained by Business Associate as requested by Covered Entity. (b) Individual Right to Copy or Inspection. Business Associate agrees that, if it maintains PHI in a designated record set for the Covered Entity, it will permit an individual to inspect or copy PHI about the individual in that set under conditions and limitations required under 45 CFR §164.524. The Covered Entity is required to take action on such requests as soon as possible but not later than 30 days following receipt of the request. Business Associate agrees to make reasonable efforts to assist Covered Entity, in meeting this deadline, to the extent the requested information is maintained by Business Associate and not the Covered Entity. The information shall be provided in the form or format requested, if it is readily producible in such form or format; or in summary, if the individual has agreed in advance to accept the information In summary form. A reasonable, cost -based fee for copying health information may be charged. (c) Individual Right to Amendment. Business Associate agrees, if it maintains PHI in a designated record set, to make amendments to PHI at the request and direction of Covered Entity pursuant to 45 CFR §164.526. If Business Associate maintains a record in a designated record set that is not also maintained by Covered Entity, Business Associate agrees that it will accommodate an individual's right to have access to and amend PHI about the individual in a designated record set in accordance with the Privacy Rule set forth at 45 CFR §164.526, unless the regulation provides for a denial or exception that applies. 11. Accounting of Disclosures. Business Associate agrees to make available to the Individual and/or the Covered Entity from whom the PHI originated, information required for an accounting of disclosures of PHI with respect to the individual, in accordance with 45 CFR §164.528, and incorporating exceptions to such accounting designated under the regulation. Such accounting is limited to disclosures that were made in the six (6) years prior to the request (not including any disclosures prior to the compliance date of the Privacy Rule). (a) Covered Entity is required to take action on such requests as soon as possible but not later than 60 days following receipt of the request. Business Associate agrees to use its best efforts to assist Covered Entity in meeting this deadline. Hadrh for,18 Agreemem Page 13 of 15 Vol. 208 Pg. ;� ©6 (b) Such accounting must be provided without cost to the individual or Covered Entity if it Is the first accounting requested by an individual within any 12 month period; however, a reasonable, cost -based fee may be charged for subsequent accountings if Business Associate informs the individual in advance of the fee and is afforded an opportunity to withdraw or modify the request. (c) Such accounting shall be provided as long as Business Associate maintains the PHI. D. Internal Practices, Books, and Records. Business Associate shall make available its internal practices, books, and records relating to the use and disclosure of PHI received from, created, or received by Business Associate on behalf of the Covered Entity to the U.S. Department of Heath and Human Services or its agents for the purpose of determining the Covered Entity's compliance with the HIPAA Rules, or any other health oversight agency, or to the Covered Entity. Indemnification. To the extent permitted by law, Business Associate agrees to indemnify and hold harmless Covered Entity from and against all claims, demands, liabilities, judgments or causes of action of any nature for any relief, elements of recovery or damages recognized by law (including, without limitation, attorney's fees, defense costs, and equitable relief), for any damage or loss incurred by Covered Entity arising out of, resulting from, or attributable to any acts or omissions or other conduct of Business Associate or its agents in connection with the performance of Business Associate's or Its agents' duties under this Agreement. This indemnity shall apply even If Covered Entity is alleged to be solely or jointly negligent or otherwise solely or jointly at fault; provided, however, that a trier of fact finds Covered Entity not to be solely or jointly negligent or otherwise solely or jointly at fault. This indemnity shall not be construed to limit Covered Entity's rights, if any, to common law indemnity. Covered Entity shall have the option, at its sole discretion, to employ attorneys selected by it to defend any such action, the costs and expenses of which shall be the responsibility of Business Associate, Covered Entity shall provide Business Associate with timely notice of the existence of such proceedings and such information, documents and other cooperation as reasonably necessary to assist Business Associate in establishing a defense to such action. These indemnities shall survive termination of this agreement and Covered Entity reserves the right, at its option and expense, to participate in the defense of any suit or proceeding through counsel of its own choosing. F. Mitigation. If Business Associate violates this Agreement or the HIPAA Rules, Business Associate agrees to mitigate any damage caused by such breach. Health For A11 Agreemew Page 14 of 15 Vol. 208 Pg. Zj� G. Rights of Proprietary Information. The Covered Entity retains any and all rights to the proprietary information, confidential information, and PHI it releases to Business Associate. Termination for Breach. Without limiting the termination provisions herein, if Business Associate breaches any provision in this Section entitled "Use and Disclosure of PHI ", Covered Entity may, at its option, access and audit the records of Business Associate related to its use and disclosure of PHI, require Business Associate to submit to monitoring and reporting, and such other conditions as Covered Entity may determine is necessary to ensure compliance with this Article; or Covered Entity may terminate this Agreement on a date specified by Covered Entity. 1. Reference. Any reference in this Section entitled "Use and Disclosure of PHI" means the section of the Privacy Rule or the Security Rule as applicable as in effect or as amended. J. Amendment. Business Associate and Covered Entity agree to take such action as is necessary to amend this Section entitled "Use and Disclosure of PHI' from K. Precedent and Ambiguitv. If any term of this Section entitled "Use and Disclosure of PHI" conflicts with another term of this Agreement, the term contained in this Section shall be controlling. Any ambiguity in this Section entitled "Use and Disclosure of PHI' shall be resolved to permit Covered Entity to comply with the HIPAA Rules. L. Survival of Key Provisions. The provisions of this Section entitled "Use and Disclosure of PHI' shall survive the termination of this Agreement. Accepted: us s Associate Health ror All Agreemew Page IS ofl5 Vol. 208 Pg. 1176 7 FUNDING AGREEMENT BETWEEN BRAZOS COUNTY AND DISTRICT TWO VOLUNTEER FIRE DEPARTMENT, INC. THIS AGREEMENT for the Funding of Fire Protection Service of District Two ( "Agreement ") is hereby effective October 1, 2014, by and between the DISTRICT TWO VOLUNTEER FIRE DEPARTMENT, INC., BRAZOS COUNTY, TEXAS ( "Department ") and BRAZOS COUNTY, TEXAS, ( "County "), each acting by and through its duly authorized agents; RECITALS WHEREAS, the County is authorized to contract with an incorporated volunteer fire department to provide fire protection pursuant to Local Government Code §352.001; and WHEREAS, the County believes it is more cost effective to contract with a volunteer fire department than to purchase equipment and operate a County fire department; and WHEREAS, the Department is located within the County and shall provide fire protection to an area of the County that is located outside the municipalities in the County; and WHEREAS, the Department has the personnel and equipment to provide such services and would benefit by the payment of funds by the County. NOW, THEREFORE, the parties, in consideration of the mutual covenants and conditions contained herein, agree as follows: AGREEMENT SCOPE 1. Department shall provide fire protection services to any person who requests it within the confines of Precinct 2, as described on Exhibit "A" attached hereto and made a part hereof for all purposes; provided however, if assistance is requested by other fire departments for Precinct 1, 3 and 4 it shall provide services in these areas, if possible. A more detailed map of the various Fire Districts can be obtained at the Brazos County Appraisal District at 1673 Briarcrest Drive, Suite A -101, Bryan, Texas 77802, and the parties agree to use the records maintained by that office if a question about the boundaries of the Precincts should arise. District 2 r'nLaaeer Fire Agreement Vol. 108 Pg. O� Page 1 ,14 2. All requests for services under this Agreement shall be made through the 9 -1- 1 Emergency Communications District, which dispatches fire protection units for the County. 3. Department will maintain fire fighting equipment and certified personnel in compliance with Subchapter D of Chapter 419, Texas Government Code. The County is not responsible for damage to equipment or injury to any person, or for the actions of the Department or their volunteers except as expressly provided by this Agreement. PAYMENTS County shall pay Department the sum of $29,000.00 upon execution of this Agreement ("Funds"). The County shall make all payments to Department for these services from current revenues. TERM AND TERMINATION 6. This Agreement term shall be from October 1, 2014, and terminate at 12:00 a.m. (C.S.T.) on September 30, 2015. Either party shall have the right to terminate this Agreement, without cause, upon thirty (30) days written notice of such termination. Should the Agreement be terminated, the rights and obligations of the parties hereunder shall terminate, except that the rights and obligations of the parties that have accrued under this Agreement prior to the date of termination shall survive. In the event of a termination, the fee payable pursuant hereto shall be adjusted on a pro -rata basis and refunded within thirty (30) days of such termination. NOTICES All notices issued between parties to this Agreement shall be in writing. All notices shall be deemed given on the date personally delivered, faxed, or deposited in the U.S. Mail to the following parties: Department: District Two Volunteer Fire Department, Inc, Brazos County Texas P.O. Box 32 Kurten, TX 77862 Attn: Mardis Noak, Fire Chief County: Brazos County Commissioners Court 200 South Texas Ave., Suite 310 Bryan, TX 77803 Dlstria 1 Volunteer Fire.4greeni nn Vol. 208 Pg. Page 1 n% 4 DEFENSE OF CLAIMS Pursuant to Local Government Code §352.004, the act of a person who, in carrying out the County's authority to provide fire protection under this Agreement, furnishes fire protection to a County resident who lives outside the municipalities in the County, including the act of a person who is a regular employee or fire fighter of a municipality, is considered to be the act of an agent of the County. 9. The County does not waive or relinquish any immunities or defense it has under law, on behalf of itself, its officers, employees, or agents as a result of its execution of this Agreement and the performance of the covenants herein. MISCELLANEOUS PROVISIONS 10. If any provision of the Agreement shall be held to be invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction, the validity and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The parties shall use their best efforts to replace the respective provisions or provisions of this Agreement with legal terms and conditions approximating the original intent of the parties. 11. This Agreement is the entire Agreement between the Department and the County relating to the provision of fire protection services and supersedes any and all prior Agreements, arrangements, or understandings, whether written or oral. 12. This Agreement is for the benefit of the parties to the Agreement, and does not confer any rights on any third parties. 13. No amendment to this Agreement shall be effective and binding unless and until it is reduced to writing and signed by the authorized representatives of all parties. 14. This Agreement has been made under and shall be governed by the laws of the State of Texas. This Agreement and all matters related thereto shall be performed in Brazos County, Texas. 15. Failure of any party at any time, to enforce a provision of this Agreement, shall not constitute a waiver of that provision, nor in any way affect the validity of this Agreement or the right of any party thereafter to enforce each and every provision hereof. No term of this Agreement shall be deemed waived or breach excused unless the waiver shall be in writing and signed by the party(ies) claimed to have waived. Furthermore, any consent to or waiver of a breach will not constitute consent to or waiver of or excuse of any other, different or subsequent breach. Dist, ir( 2 r'nhnveer Fire Agreemrm Vol. 208 Pg. �2 /,'' rage 3 n / 'Q 16. It is understood and agreed that this Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. INFORMATION FURNISHED BY RECIPIENT 17. Department agrees that County, or its designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Department agrees to maintain such records for possible audit for a minimum of three (3) years after the termination date of this Agreement, uhless a longer period of records retention is stipulated. Department agrees to allow the auditors) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Department agrees that the County, or its designated representative, shall further have the right to review and to copy any records and supporting documentation for prior years in which Brazos County provided funds to the Department under prior Agreements. Any audit will be conducted by County personnel or an independent third party, as determined by the Brazos County Commissioners Court. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the Department. If an independent financial audit is performed, a management letter will be prepared by the auditor as part of the process and a copy of said management letter shall be delivered to the Brazos County Commissioners Court. The management letter shall identify issues that might not otherwise require disclosure In the Department annual financial report, but which are of concern to or under the suggestion of the auditor. Annual financial statements (audited if available) are due to County within six (6) months of completion. District Two Volunteer Fire Department, os Coun Texas Brazos /County, Texas By: - Merriel Noal Fire Chief Duane Peters, County Ju Date: ( % Date: 4 ATTEST Karen McQueen, County Cie Divriei 2 I ohmeeer /-ire Agreemew Vol. 208 Pg. "I-// rage d nl4 FUNDING AGREEMENT BETWEEN BRAZOS COUNTY AND ARTS COUNCIL OF BRAZOS VALLEY THIS AGREEMENT FOR THE FUNDING ( "Agreement ") is made and entered into by and between ARTS COUNCIL OF BRAZOS VALLEY, a private nonprofit corporation chartered by the State of Texas, acting by and through its duly authorized agent(s) and officer(s), hereinafter referred to as ( "ACBV "), and Brazos County acting by and through its Commissioners Court, duly authorized to act, hereinafter referred to as ( "County"). RECITALS: WHEREAS, County finds a public purpose in creating awareness of the fine arts among members of the public; and WHEREAS, ACBV provides assistance to local arts organizations of the County through funding support, advocacy, outreach, marketing and partnership building; and WHEREAS, ACBV provides programs involving education, cultural enrichment and heritage preservation of and for Brazos County residents and visitors; and WHEREAS, ACBV provides educational programs and opportunities to children, youth, adults and seniors through providing arts related programs, scholarships for young people, assisting County arts organizations in the development and institution of said educational programs; and WHEREAS, ACBV fosters creative learning, community involvement, quality of life and tourism through said above listed programs and activities; and WHEREAS, ACBV provides and maintains a public cultural facility and provides funding to member organizations, in part, for facilities acquisition and upkeep; and WHEREAS, ACBV through Its funding programs has provided benefit to Brazos County, Texas through programs attracting over 100,000 participants, and resulting in significant purchases of goods and services from Brazos County, Texas merchants; and At IS Council of Brazos Vallee Agreement Vol. 208 Pg. C�-/01- Page I of S WHEREAS, ACBV has provided funding to assist local performing, visual, educational and literary arts groups, (collectively "Services "), NOW, THEREFORE, COUNTY and ACBV hereby agree as follows; AGREEMENT ACBV through its programs, funding and support of member organizations agrees to provide the above enumerated services, which it has provided and agrees to continue to provide in support of arts, cultural and heritage organizations. II. County, for and in consideration of the services provided to County, hereby agrees to pay to ACBV a total payment of $8,000.00 ( "Funds') for the year beginning October 1, 2014 and ending September 30, 2015. Payment of such sum will be paid upon receipt of invoice. Ill. ACBV agrees to provide an annual account of how the Funds were spent to meet the above described services. ACBV agrees to furnish any information requested by the County Auditor, including documentation of the use of funds received from the County. IV. ACCOUNTING AND AUDIT ACBV agrees that County, or its designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. ACBV agrees to maintain such records for possible audit for a minimum of three (3) years after the termination date of this Agreement, unless a longer period of records retention is stipulated. ACBV agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. ACBV agrees that County, or its designated representative, shall further have the right to review and to copy any records and supporting documentation for prior years in which County provided funds to the ACBV under prior Agreements. Brazos County Commissioners Court may, in its sole discretion, require that an independent financial audit be performed on the records of ACBV. If an independent financial audit is performed, a management letter will be prepared by the auditor as part of the process and a copy of said management letter shall be delivered to the Brazos County Commissioners Court, Arts Cmmcil of Brazos Valley Agreement Page 2 of 3 The management letter shall identify issues that might not otherwise require disclosure in the ACBV annual financial report, but which are of concern to or under the suggestion of the auditor. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the ACBV. Annual financial statements (audited if available) are due to County within six (6) months of completion. V. RECORD RETENTION The ACBV shall be responsible for record keeping on all services provided and agrees to maintain and make available for inspection by the County upon request consistent with Federal and State law, any and all records the County determines, in its sole discretion, to be necessary for the Court to justify its continued participation in supporting the ACBV with funding. Such records shall be retained for at least three (3) years from the date the service was provided. These records shall be made available for inspection and audit by the County, if it so desires. VI. INDEMNITY The parties hereto agree to indemnify one another for and hold one another harmless from and against all suits, claims, demands, liabilities or actions resulting or alleged to result from the breach, violation or non - performance of the services stated herein and for any damage to any person resulting from any action or omission or negligence on the part of each party hereto. VII. INSURANCE The parties hereto agree that the ACBV shall be an independent contractor and not any employee or agent of the County and that each shall maintain at its own expense, adequate Arts Council of Brazos Valley Agreement Vol. 208 Pg. /y Page 3 of 5 liability insurance to insure against damages and liabilities which may arise due to the duties and obligations funded herein. Vlll. COUNTY INVOLVEMENT The County and ACBV state that to the best of their knowledge, no officer, agent or employee of the County who exercises any function or responsibility in connection with the carrying out of this Agreement or the services to which it relates has personal interest direct or indirect, in this Agreement. Texas. IX. GOVERNING LAW This Agreement shall be executed in and shall be governed by the laws of the State of X. NOTICES All notices required to be given hereunder shall be deemed to be duly given by delivering such notice or by mailing it, certified mail RRR to the other party at the following addresses: Arts Council of Brazos Valley 2275 Dartmouth Street College Station, Texas 77840 Brazos County Commissioners Court 200 So. Texas Ave. No. 310 Bryan, Texas 77803 XI. FURTHER ASSURANCES Each party hereto agrees to perform any further acts and to execute and deliver any further documents which may be necessary to carry out the provisions of this Agreement. Ails Council ojBrazos Valley Agreement Vol. 208 Pg. �5� Page 4 of S XII. SEVERABILITY In the event that any of the provisions or portions thereof, of this Agreement, are held to be unenforceable or invalid by any court of competent jurisdiction, the validity and enforceability of the remaining provisions or portions thereof shall not be affected thereby. XIII. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties hereto concerning the subject matter contained herein. There are no representations, agreements, arrangements, or understanding, oral or written, between or among the parties hereto, relating to the subject matter of the Agreements, which are not fully expressed herein. XIV. ASSIGNABILITY This Agreement is not assignable by the ACBV without the prior written consent of the County. t1 WITNESS OUR HANDS this 10 day of a M , 2014. By: Arts Valley, Inc. Brazos County, Texas By: Duane Peters, County Judge F]: Attest: lapf. —. sident Karen McQueen, County Clarc Arts Council of Brazos Valley Agreement Page 5 of 5 Vol. 2 08 Pg. FUNDING AGREEMENT BETWEEN BRAZOS CONTY AND BOYS & GIRLS CLUBS OF BRAZOS VALLEY THIS FUNDING AGREEMENT ( "Agreement') IS ENTERED INTO BY AND BETWEEN BRAZOS COUNTY, TEXAS, acting by and through its duly elected County Commissoners hereinafter referred to as ( "County ") and BOYS & GIRLS CLUBS OF BRAZOS VALLEY, hereinafter referred to as ( "Club ") a non - profit organization dedicated to the improvement of Brazos County, and is effective October 1, 2014. RECITALS: WHEREAS, the Club conducts youth programming and activities within Brazos County; and WHEREAS the purpose of the Club shall be to provide opportunities for youth to grow as productive citizens of our communities; and NOW, THEREFORE, both parties agree to the following terms and conditions: AGREEMENT I. FUNDING The Club will be funded by the County in the amount of $45,000.00 ( "Funds ") for the term of this Agreement. fl. TERM OF AGREEMENT This Agreement shall be for a term of twelve (12) months commencing on the 1`t day of October, 2014, and terminating on the 30th day of September, 2015. III. ACCOUNTING AND AUDIT The Club will provide, no later than March 31, 2015 and August 31, 2015, a detailed account of how the Funds were expended in comportment with this Agreement. The Club agrees to furnish any information requested by the County Auditor, including documentation of the use of Funds received from the County. In the event it is determined by Brazos County Commissioners Court that the Funds provided herein by the County to the Club have not been expended in comportment with this Agreement, this Agreement shall automatically terminate and the Club may be required to return to the County such Funds that were not properly expended. Boys & Girls Clubs of Brazos Valley Agreement Page I of 4 Vol. 208 Pg. _e�Ll The Club agrees that County, or its designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. The Club agrees to maintain such records for possible audit for a minimum of three (3) years after the termination date of this Agreement, unless a longer period of records retention is stipulated. The Club agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. The Club agrees that County, or its designated representative, shall further have the right to review and to copy any records and supporting documentation for prior years in which County provided funds to the Club under prior Agreements. Brazos County Commissioners Court may, in its sole discretion, require that an independent financial audit be performed on the records of the Club. If an independent financial audit is performed, a management letter will be prepared by the auditor as part of the process and a copy of said management letter shall be delivered to the Brazos County Commissioners Court. The management letter shall identify issues that might not otherwise require disclosure in the Club annual financial report, but which are of concern to or under the suggestion of the auditor. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the Club. IV. RECORD RETENTION The Club shall be responsible for record keeping on all services provided and agrees to maintain and make available for inspection by the County upon request consistent with federal and state law, any and all records the County determines, in its sole discretion, to be necessary for the Court to justify its continued participation in supporting the Club with funding. V. INDEMNITY The parties agree to indemnify one another for and hold one another harmless from and against all suits, claims, demands, liabilities or actions resulting or alleged to result from the breach, violation or non - performance of the services stated herein and for any damage to any person resulting from any action or omission or negligence on the part of each party hereto. VI. INSURANCE The parties hereto agree that the Club shall be an independent contractor and not any employee or agent of the County and that each shall maintain at its own expense, adequate liability insurance to insure against damages and liabilities which may arise due to the duties and obligations funded herein. Boys & Girls Clubs of Brazos Valley Agreement Page 2 of 4 Vol. 208 Pg. �f VII. COUNTY INVOLVEMENT The County and the Club state that to the best of their knowledge, no officer, agent or employee of the County who exercises any function or responsibility in connection with the carrying out of this Agreement or the services to which it relates has personal interest direct or indirect, in this Agreement. VIII. GOVERNING LAW This Agreement shall be executed in and shall be governed by the laws of the State of Texas. IX. NOTICES All notices required to be given hereunder shall be deemed to be duly given by delivering such notice or by mailing it, certified mail to the other party at the following addresses: Boys & Girls Clubs of the Brazos Valley Ron Rolett P.O. Box 524 Bryan, TX 77806 X. IMMUNITY Brazos County c/o Commissioners Court 200 So. Texas Ave. No. 310 Bryan, Texas 77803 As a result of its execution of this Agreement and performance of the functions and obligations described herein, Brazos County does not waive or relinquish any immunity or defense on behalf of itself, its commissioners, officers, employees, or authorized representatives. XI. FURTHER ASSURANCES Each party hereto agrees to perform any further acts and to execute and deliver any further documents which may be necessary to carry out the provisions of this Agreement. Boys & Girls Clubs of Brazos Valley Agreement Vol. 208 Pg. o� Page 3 of 4 MI. SEVERABILITY In the event that any of the provisions or portions thereof, of this Agreement, are held to be unenforceable or invalid by any court of competent jurisdiction, the validity and enforceability of the remaining provisions or portions thereof shall not be affected thereby. XIII. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties hereto concerning the subject matter contained herein. There are no representations, agreements, arrangements, or understanding, oral or written, between or among the parties hereto, relating to the subject matter of the Agreement, which are not fully expressed herein. XIV, ASSIGNABILITY This Agreement is not assignable by the Club without the prior written consent of the County. WITNESS OUR HANDS this day of S�2rn�j2Y 2014. BOYS 8 GIRLS CLUBS OF BRAZOS VALLEY Ron Ro ett, Authorized Representative BRAZOS COUNTY, TEXAS ATTEST: AC Duane Peters, County Judge Karen McQueen, Brazos County Clle^errW, OK� Boy's & Girls Clubs of Brazos Valley Agreement Page 4 of 4 Vol. 208 Pg. aZ vZ 0 FUNDING AGREEMENT BETWEEN BRAZOS COUNTY AND KEEP BRAZOS BEAUTIFUL, INC. This Agreement for Funding is by and between Brazos County, hereinafter referred to as ( "County ") and KEEP BRAZOS BEAUTIFUL, Inc. hereinafter referred to as ( "Keep Brazos Beautiful ") a non - profit organization ( "Agreement"). RECITALS WHEREAS, Keep Brazos Beautiful is a volunteer environmental educational organization dedicated to contributing to the economic vitality, safety, health and quality of life in Brazos County through programs that educate and engage Brazos County citizens to keep our community clean, green, and beautiful, by preventing and cleaning up litter and illegal dump sites, recycling, minimizing waste, beautifying and improving their surroundings; and WHEREAS, the Brazos County Commissioners Court is authorized to spend money from the County general revenues for public health and sanitation; and WHEREAS, the prevention of public or private litter serves to improve the public health; and WHEREAS, Keep Brazos Beautiful aids the County in accomplishing that purpose. NOW, THEREFORE, FOR AND IN CONSIDERATION of mutual consideration recited and acknowledged herein, the parties agree as follows: AGREEMENT Keep Brazos Beautiful shall provide services to the County as follows: A. Assist in training area youth and adults in area schools, museums, civic clubs, etc. on the importance of litter prevention, recycling, reuse, and buying recycled products, conservation of resources, the proper care and planting of trees and maintain a lending library to assist in teaching about a variety of environmental issues. B. Provide positive environmental leadership and volunteer opportunities to Brazos County youth and adults. C. The Executive Director shall serve on the Solid Waste Advisory Committee of the Brazos Valley Council of Governments to promote environmentally sound waste management practices in the Brazos Valley. D. Perform an annual "Litter Index' survey of the County and provide the scores to the Commissioners' Court, E. Organize volunteers to assist in cleaning litter and illegal dump sites each spring throughout County. Act as an information resource to citizens, law enforcement Keep Bramr Beautiful Agreement Page I of 3 Vol. 208 Pg.� 20 ID officials, prosecutors and the Commissioners Court about issues relating to litter and illegal dumping in Brazos County. F. Promote the "Adopt a Road" and "Adopt a Highway" programs in the County. G. Promote a "Memorial TREES Program" to plant trees in the County and host an annual Arbor Day Celebration. H. Plant wild flower seeds along public roadways in the County. I. Educate the community on the need to recycle and to buy recycled products through the use displays, public speaking engagements, and the 'Texas Recycle Day" events. J. Act as a clearing house for information for area residents on recycling and provide information concerning Citizen Collection Stations in rural areas of the County as requested. K. Assist in the publicity for the yearly Christmas tree, telephone book recycling and household hazardous waste collection events. L. Provide positive reinforcement through a variety of award programs such as the Business and Residential Beautification Awards, Miller Youth Award, and Annual Environmental Awards. 1. Keep Brazos Beautiful will be funded by the County in the amount of $15,000.00 for the term of this agreement. 2. This Agreement shall be for a term of twelve (12) months commencing on the 1` day of October, 2014, and terminating on the 30a' day of September, 2015. 3. Keep Brazos Beautiful agrees that County, or its designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Keep Brazos Beautiful agrees to maintain such records for possible audit for a minimum of three (3) years after the termination date of this Agreement, unless a longer period of records retention is stipulated. Keep Brazos Beautiful agrees to allow the audkor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Keep Brazos Beautiful agrees that County, or its designated representative, shall further have the right to review and to copy any records and supporting documentation for prior years in which County provided funds to the Keep Brazos Beautiful under prior Agreements. 4. Brazos County Commissioners Court may, in its sole discretion, require that an independent financial audit be performed on the records of Keep Brazos Beautiful. If an independent financial audit is performed, a management letter will be prepared by the auditor as part of the process and a copy of said management letter shall be delivered to the Brazos County Commissioners Court. The management letter shall identify issues that might not otherwise require disclosure in the Keep Brazos Beautiful annual financial report, but which are of concern to or under the suggestion of the auditor. If the Brazos Keep Brazos Beautiful Agreement Page 2 of 3 Vol. 208 Pg. Z County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the Keep Brazos Beautiful. 5. Annual financial statements (audited if available) are due to County within six (6) months of completion. 6. Keep Brazos Beautiful shall submit a financial statement to the County annually. All notices required or permitted hereunder shall be in writing and addressed to the respective officer of the other party at the address described below or at such other address as the receiving party may have theretofore prescribed by notice to the sending party: COUNTY: KEEP BRAZOS BEAUTIFUL, INC.: Brazos County, Joe Patranella, c/o Commissioners Court Acting President 200 South Texas Avenue, Ste, 310 2136 South Main Bryan, Texas 77803 Bryan, Texas 77803 8. It is understood and agree that the County's participation in Keep Brazos Beautiful is limited to the contribution of funds. County, at no time, shall be liable or responsible for acts of Keep Brazos Beautiful its agents or employees. Keep Brazos Beautiful at no time shall be liable or responsible for acts of the County, its agents or employees. 9. Either of the parties shall have the right to terminate this Agreement in whole or in part at any time. Notice to terminate this Agreement will be given in writing at least thirty (30) days prior to the date of termination. The notice shall include the reason for such a termination, the effective date of the termination and, in the case of partial termination, the portion of the Agree*bterminated. SIGNED this d2014. Keep Brazos Beaupfui Agreement BRAZOS COUNTY C L - Duane Peters, County Judge ATTEST: K ` uaxl Karen McQueen, County Clark p ;) t Fs U Vol. 208 Pg. �3 Page 3 of 3 zi FOURTH RENEWAL TO LEASE PRECINCT 1, CONSTABLE'S OFFICE This Fourth Renewal to Lease ( "Fourth Renewal ") is made and executed by and between SOUTHWOOD WEST, a Texas General Partnership, 1105 Peach Creek, College Station, Texas, 77845, as "Lessor ", and BRAZOS COUNTY, TEXAS, a political subdivision of the State of Texas, 200 S. Texas Ave., Suite 332, Bryan, Texas, 77803, as "Lessee ". RECITALS WHEREAS, the Lessor and Lessee entered into the original Lease ( "Lease ") on September 21, 2010; and, WHEREAS, the Lessor and Lessee entered into a renewal term ( "First Renewal Term ") on September 27, 2011; and, WHEREAS, the Lessor and Lessee entered into a second renewal term ( "Second Renewal Term ") on September 25, 2012 and amended the second renewal term on October 2, 2012; and, WHEREAS, the Lessor and Lessee entered into a third renewal term (`Third Renewal Term ") on September 10, 2013; and, WHEREAS, the Lease provides for five (5) additional renewal terms of one (1) year each, effective on October 1 of the year of renewal; and, WHEREAS, the Lease further provides a fixed monthly rental for the initial term of the Lease and all subsequent renewal terms in the amount of $1,650.00, payable in monthly installments on the first day of each month for the term of the Lease, and any subsequent renewal terms; and WHEREAS, the Lessor and Lessee have agreed to renew the Lease for one (1) additional year beginning October 1, 2014 and terminating on September 30, 2015; and NOW, THEREFORE, for the consideration stated herein, the Lessor and Lessee agree to the following amendments to the Lease. AGREEMENT 1. Renewal Term, This Fourth renewal term ( "Fourth Renewal Term ") shall be effective October 1, 2014 and will terminate September 30, 2015. Additional subsequent renewal terms will be subject to the terms and conditions of the Lease and this Fourth Renewal. If there are any conflicts between this Fourth Renewal and the Lease, the terms of this Fourth Renewal will control. This Fourth Renewal Term shall be conditioned on the same terms set forth in the Lease, save and except those terms that are amended herein. 2. Lessor's Address. All notices to Lessor and payments of Rent shall delivered to the following address: Southwood West, a general partnership 1105 Peach Creek Vol. 208 Pg. �v College Station, Texas 77845 3. No Amendments. Except as expressly modified herein, the Lease is not amended. 4. Signatures. This Fourth Renewal and all other copies of this Fourth Renewal, insofar as they relate to the rights, duties, and remedies of the parties, shall be deemed to be one agreement. This Fourth Renewal may be executed concurrently in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The parties expressly agree that a copy of this Fourth Renewal transmitted by facsimile or email that contains the signature of one of the parties, shall for all purposes be treated as an original and shall be binding against the parties hereto. 5. This Fourth Renewal shall be effective for all purposes as of the date set forth below. 6. Miscellaneous Provisions. a. Notices. Any notice required by or permitted under the Lease or this Fourth Renewal must be in writing. Any notice required by this Fourth Renewal or Lease will be deemed to be delivered (whether actually received or not) when deposited with the United States Postal Service, postage prepaid, certified mail, return receipt requested, and addressed to the intended recipient at the address shown in the Lease. Notice may also be given by regular mail, personal delivery, courier delivery, facsimile transmission, or other commercially reasonable means and will be effective when actually received. Any address for notice may be changed by written notice delivered as provided herein. Copies of each notice must be given by one of these methods to the attorney of the party to whom notice is given. b. Entire Agreement. The Lease and this Fourth Renewal, constitute the entire agreement of the Lessor and Lessee. There are no oral representations, warranties, agreements, or promises pertaining to the Lease or Fourth Renewal by Lessor or Lessee. c. Severability. The provisions of this Fourth Renewal are severable. If a court of competent jurisdiction finds that any provision of this Fourth Renewal is unenforceable, the remaining provisions will remain in effect without the unenforceable parts. 1w1 � Dated this of l (— "Y I r— 201� Lessor: SOUTHWOOD WEST, a Texas general partnership By: Name: Title: Attest: Lessee: BRAZOS COUNTY, TEXAS Vol. 208 Pg..���, By: By: Nam Title, i MI, A, Vol. 208 Pg.� zz AGREEMENT THIS AGREEMENT ( "Agreement') made this 9 ,, day of 2014 by and between the DISPUTE RESOLUTION CENTER - CENTRAL BRA OS VALLEY, INC. hereafter referred to as "DRC" and the BRAZOS COUNTY COMMISSIONERS COURT, hereafter referred to as the "Commissioners Court,' is made on the following terms and conditions: 1. This Agreement is for one (1) year and shall begin on the first day of October, 2014 and continue through the last day of September, 2015. 2. For and in consideration of the sum of $7,500 to be paid in one single payment of $7,500, the DRC agrees to perform the following services: The DRC agrees to provide a maximum of four (4) separate mediation sessions to the Commissioners Court or designated department or offices of Brazos County during the term of this Agreement. A mediation session is defined as a session of not more than three (3) hours supervised by a trained mediator. In addition the DRC agrees to train (1) Brazos County employee in each regular or family law mediation training offered by the DRC, without cost to Brazos County or the employee. For each mediation session scheduled under The terms of this Agreement, the DRC will provide a location to hold the mediation, preferably in its offices located at 3211 A South Texas Ave., Bryan, Texas, or at such other convenient location which might be available. For any such mediation session held away from the DRC offices, the DRC shall be reimbursed for any such costs or rental fees incurred in holding the mediation. The DRC may at its discretion, provide additional sessions without charge to Brazos County on a limited basis. Except as other wise stated, any additional sessions that may be required, will be compensated for by the Commissioners Court at the regular rate for scheduled mediations as adopted by the DRC. 3. The purpose of this Agreement is to make the services of the DRC available to the Commissioners Court and to the employees of Brazos County in such instances where the services may be of benefit to Brazos County, Texas, or its employees. 4. DRC agrees that County, or its designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. DRC agrees to maintain such records for possible audit for a minimum of three (3) years after the termination date of this Agreement, unless a longer period of records retention is stipulated. DRC agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. DRC agrees that County, or its designated representative, shall further have the right to review and to copy any records and supporting documentation for prior years in which County provided funds to the DRC under prior Agreements. Vol. 2 08 Pg. 2,-1,7 Brazos County Commissioners Court may, in its sole discretion, require that an independent financial audit be performed on the records of DRC. If an independent financial audit is performed, a management letter will be prepared by the auditor as part of the process and a copy of said management letter shall be delivered to the Brazos County Commissioners Court. The management letter shall identify issues that might not otherwise require disclosure in the DRC annual financial report, but which are of concern to or under the suggestion of the auditor. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the DRC. Annual financial statements (audited if available) are due to County within six (6) months of completion. 5. This Agreement is executed in and performed in Brazos County, Texas. 6. This Agreement is subject to the Public Information Act, TEX. GOVT CODE ANN., Chapter 552. BRAZ OUNTY By: Duane Peters, Brazos County Judge DISPUTE RESOLUTION CENTER- CENTRAL BRAZOS VALLEY By. -. y Nam 7 /`S'LZEttMAA Title: i5r'E6 ,774oE 101cEc7-0,- Vol. 2 08 Pg. -9.1-Lop FUNDING AGREEMENT BETWEEN BRAZOS COUNTY AND BRAZOS VALLEY FOOD BANK, INC This Funding Agreement ( "Agreement "), effective October 1, 2014, by and between Brazos County, hereinafter called the "County ", and the Brazos Valley Food Bank, Inc., hereinafter called the "Food Bank ". RECITALS WHEREAS, the Food Bank acquires food for distribution through other nonprofit agencies to moderate and low income persons who are food insecure and at risk of hunger and malnutrition; and WHEREAS, the purpose of the County is to ensure that all children, individuals, families and seniors, especially those who are moderate to tow- income, are food secure, meaning that people have access at all times to enough food for an active, healthy and productive life. NOW THEREFORE, both the County and the Food Bank enter into this Agreement to maximize the effectiveness of their common goal and show good stewardship of citizen's dollars and donations and, in consideration of promises, covenants, terms and conditions herein contained, the parties mutually agree to the following: AGREEMENT TERM OF AGREEMENT: The term of this Agreement shall be for a period of approximately one (1) year beginning on October 1, 2014 and terminating on September 30, 2015. FUNDING: The County will provide funding of $7,700.00 to the Food Bank to the benefit of the moderate and low income citizens of the community. INFORMATION FUNISHED BY FOOD BANK: Food Bank agrees that County, or its designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Food Bank agrees to maintain such records for possible audit for a minimum of three (3) years after the termination date of this Agreement, unless a longer period of records retention is stipulated. Food Bank agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Food Bank agrees that County, or its designated representative, shall further have the right to review and to copy any Brazos Valley Food Bank, Inc. Agreement Vol. 208 Pg. � f/ Page I of 3 records and supporting documentation for prior years in which County provided funds to the Food Bank under prior Agreements. Brazos County Commissioners Court may, in its sole discretion, require that an independent financial audit be performed on the records of the Food Bank. If an independent financial audit is performed, a management letter will be prepared by the auditor as part of the process and a copy of said management letter shall be delivered to the Brazos County Commissioners Court. The management letter shall identify issues that might not otherwise require disclosure in the Food Bank annual financial report, but which are of concern to or under the suggestion of the auditor. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the Food Bank. Annual financial statements (audited if available) are due to County within six (6) months of completion. ELIGIBILITY GUIDELINES: Food Bank will ensure that food products received from or through other agencies in furtherance of this agreement will be made available to those eligible persons as defined by the most recent eligibility guidelines established by the State of Texas and its responsible agencies. Food Bank will verify recipient income eligibility by either requiring proof of income or by self - certification that recipient(s) meets income guidelines. RECORDS: Food Bank agrees to complete intake and assessment on eligible households and maintain all records for a period of three (3) years. FITNESS FOR HUMAN CONSUMPTION: Food Bank accepts full responsibility for the purity and fitness for human consumption of any and all items distributed in its name or through other entities or agencies with which it may contract. LIABILITY DISCLAIMER AND RELEASE AGREEMENT: Food Bank releases County and holds it free and harmless against all and any liabilities, damages, losses, claims, causes of action and lawsuits or equity obligations whatsoever arising out of or attributed to any distribution and use of foods. ASSIGNMENT: Food Bank may not assign or subcontract any of its rights, duties and /or obligations arising out of this Agreement without the prior written consent of County. FISCAL FUNDING CLAUSE: The obligations of the County under this Agreement are expressly contingent upon the availability of funding for each item and obligation contained herein for the term of the Agreement and any extensions thereto. In the event that the County is unable to fulfill its obligations under this Agreement as a result of lack of sufficient funding, or if funds become unavailable, the County may, in its sole discretion, provide funds from a separate source or may, in its sole discretion, Brazos Valley Food Bank, Inc. Agreement Page "of 3 Vol. 2 88 Pg.lJ terminate this Agreement by written notice to the Food Bank at the earliest possible time under the circumstances. DEFAULT: Any violation or breach of the provisions herein may result in termination of this Agreement. GOVERNING LAW AND VENUE: The validity of the Agreement and all matters pertaining thereto shall be governed and determined by the Constitution and the laws of the State of Texas. Venue for any suit filed against Brazos County shall be Brazos County, Texas. SEVERABLITIY: In the event that a court finds any provision of this Agreement invalid and /or unenforceable, both parties agree the remaining provisions shall remain valid and in force. SIGNED this ' �h day of Ow bev 1 2014. BRAZOS COUNTY Duane Peters, County Judge 91 /Ip/iq Date ATTEST: BRAZOS VALLEY FOOD BANK, INC. Date Executive Director 5� /? I / (-)i Brazos Vallee Food Bunk, lnc. Agreement Vol. 208 Pg. ,��/ Page 3 oj3 2� FUNDING AGREEMENT BETWEEN BRAZOS COUNTY AND BRAZOS COUNTY HISTORICAL COMMISSION This is an Agreement for Funding ( "Agreement ") by and between Brazos County hereinafter referred to as ( "County ") and the BRAZOS COUNTY HISTORICAL COMMISSION, hereinafter referred to as ( "BCHC ") a commission dedicated to the improvement of Brazos County. RECITALS WHEREAS, County historical commissions are a vital link in Texas' preservation network. Few other states have a built -in mechanism that makes possible a preservation organization in every county; WHEREAS, the BCHC has the statutory responsibility to initiate and conduct programs suggested by the Brazos County Commissioners' Court and the Texas Historical Commission ( "THC "). WHEREAS, BCHC has worked co- operatively with the Brazos County Commissioners' Court, THC, local governments, local non - profit organizations and individual citizens to preserve Brazos County's heritage for the use, education, enjoyment and economic benefit of present and future generations in Brazos County. NOW, THEREFORE, FOR AND IN CONSIDERATION of mutual promises recited herein, the parties agree as follows: AGREEMENT BCHC Responsibilities BCHC, shall provide services to the County as follows: A. Actively promote the interest in and appreciation of the rich history of Brazos County by encouraging individuals, organizations, businesses, and others to submit applications for historical markers for buildings, organizations, activities, individuals, sites of historical events, and other entities and events throughout Brazos County. B. Support other groups and events that have the same goal County Responsibilities A. BCHC shall be funded by the County in the amount of $5,500.00 for the term of this Agreement. This Agreement shall be for a term of twelve (12) months commencing on the 1 st day of October, 2014, and terminating on the 30th day of September, 2015. Brazos Counq• Historical Commission Agreement Page l of 3 Vol. 208 Pe. ,� �� B. BCHC agrees that County, or its designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. BCHC agrees to maintain such records for possible audit for a minimum of three (3) years after the termination date of this Agreement, unless a longer period of records retention is stipulated. BCHC agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. BCHC agrees that County, or its designated representative, shall further have the right to review and to copy any records and supporting documentation for prior years in which Brazos County provided funds to the BCHC under prior Agreements. C. Brazos County Commissioners Court may, in its sole discretion, require that an independent financial audit be performed on the records of BCHC. If an independent financial audit is performed, a management letter will be prepared by the auditor as part of the process and a copy of said management letter shall be delivered to the Brazos County Commissioners Court. The management letter shall identify issues that might not otherwise require disclosure in the BCHC annual financial report, but which are of concern to or under the suggestion of the auditor. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the BCHC. D. Annual financial statements (audited if available) are due to County within six (6) months of completion. All notices required or permitted hereunder shall be in writing and addressed to the respective officer of the other party at the address described below or at such other address as the receiving party may have theretofore prescribed by notice to the sending party: COUNTY BCHC Brazos County Henry Mayo c/o Commissioners Court Chairman 200 South Texas Avenue, Ste., 310 P.O. Box 9169 Bryan, Texas 77803 College Station, Texas 77842 -9169 Either of the parties shall have the right to terminate this Agreement in whole or in part at any time. Notice to terminate this Agreement will be given in writing at least thirty (30) days prior to the date of termination. The notice shall include the reason for such a termination, the effective date of the termination and, in the case of partial termination, the potion of the Agreement to be terminated. Brazos County Historical Commission Agreement Vol. 208 Pg. -> L3-3 Page 1 oj'3 �h SIGNED this ZS day of Bunks f .2014. BRAZOS COUNTY HISTORICAL COMMISSION By: Henry Ma o Ch ' n BRAZOS COUNTY By: Duane Peters, County Judge Brasos County Historical Commission Agreement ATTEST: K ren McQueen, County Clerk Vol. 208 Pe. � Page 3 of 3 aL INDIGENT HEALTH CARE AGREEMENT This Indigent Health Care Agreement ( "Agreement') is entered into by and between BRAZOS COUNTY acting by and through its duly elected COURT OF COMMISSIONERS (hereinafter "County ") and the BRAZOS VALLEY COUNCIL OF GOVERNMENTS (hereinafter "BVCOG "). The purpose of the Agreement is to provide for the administration of the heath care program for eligible Brazos County residents pursuant to the Indigent Health Care and Treatment Act, Texas Health &Safety Code, Chapter 61 (the "Act'). The parties mutually agree as follows: In compliance with the Indigent Health Care and Treatment Act ( "Act'), County agrees to provide basic health care assistance to eligible County residents by reimbursing providers of services to households who meet the requirements of the Act, the Texas Department of State Health Services regulations and the Texas Administrative Code Title 25, Chapter 14. County enters into this agreement with the BVCOG to share the costs of the regional administration of the Indigent Health Care Program. RATES FOR REIMBURSEMENT The County agrees to pay the County's share of the cost of the administration of the County Indigent Health Care (CIHC) Program for eligible Brazos County residents. County agrees to pay BVCOG $96.700.00 ( "Funds ") for the 2015 fiscal year, October 1, 2014 through September 30, 2015, in quarterly installments. RESPONSIBILITIES OF BVCOG For and in consideration of the funding provided by the County, the BVCOG agrees to administer the Brazos County Indigent Health Care Program in compliance with the Act and pursuant to the regulations of the Texas Department of State Health Services and the Texas. Administrative Code, Title 25, Chapter 14, by providing: Written minimum eligibility standards and application, documentation, and verification procedures to determine eligibility for indigent health care under the Act. 2, An annual review no later than the beginning of a state fiscal year of the County eligibility standards and a reasonable notice of the standards to the public. 3. An application procedure including forms and notification of the procedure to the public. Vol. 208 Pg. Z 1015 C1HC Agreement BRAZOS Count y - BVCOC 4. Intake services in Brazos County at least once a month. 5. Assistance to applicants in the accurate completion of the application process including all needed verifications, documentation, and supplemental information. 6. Screening, assessment, and determination of each applicant's eligibility for indigent health care. 7. An explanation to the applicant, if approved, of the obligation to report any change in income or resources that might affect the applicant's eligibility and the possible penalties under the law for failure to report such a change. 8. A decision regarding acceptance or denial of the application not later 14`" than the day after the date on which the BVCOG receives a complete application, and a written notification of the decision to the applicant, including the reason for any denial, the process for resubmitting an application at any time circumstances justify a redetermination of eligibility, and an explanation of the appeals procedure. 9. An administrative hearing procedure with appropriate due process considerations, notification forms, and an appeals process for individuals or households whose application has been denied. 10. Retention of all records relating to an application at least until the end of the third complete state fiscal year following the date on which the application is submitted. 11. A response to all inquiries regarding the program pursuant -to the Texas Public Information Act, Texas Government Code Chapter 552. 12. An annual written review of the program's management and operation. 13. A review of the eligibility of each household at least once every six (6) months. 14. A list of eligible Brazos County residents distributed to each provider once every six (6) months. 15. A review of all bills submitted to BVCOG by the medical provider(s) to verify accuracy and the eligibility of the patient. 16. Remittance to the County of bills that have been reviewed and approved for payment to the medical provider. Vol. 208 Pg. 2 3/ - 1015 C&CAgreemenr BRAZOS County - BVCOG RESPONSIBILITIES OF THE COUNTY For and in consideration of the services provided by BVCOG, the County will provide: 1. Payment in accordance with the payment standards of the Act for services determined by BVCOG to be an accurate rendering of services to an eligible patient. 2. Payment of BVCOG'S cost to administer Brazos County's portion of the indigent health care program on a quarterly basis. 3. An audit of the program. 4. Responsibility for payment of services in accordance with the Indigent Health Care and Treatment Act. 5. Payment for County's pro rata share of outside audit services, if necessary. TERM This Agreement is for one (1) year, from October 1, 2014 until September 30, 2015. CANCELLATION This Agreement may be cancelled by either of the parties hereto upon sixty (60) days written notice. AUDIT BVCOG agrees that County, or its designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. BVCOG agrees to maintain such records for possible audit for a minimum of three (3) years after the termination date of this Agreement, unless a longer period of records retention is stipulated. BVCOG agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such-records. BVCOG agrees that County, or its designated representative, shall further have the right to review and to copy any records and supporting documentation for prior years in which County provided funds to the BVCOG under prior Agreements. Any audit will be conducted by County personnel or an independent third party, as determined by the Brazos County Commissioners Court. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the COUNTY. Annual financial statements (audited if available) are available to the Brazos County upon request within six (6) months of completion. Vol. 208 Pg. 1 .-3 1015 CIHC Agreement BRAZOS County — BVCOG ALTERNATIVE DISPUTE RESOLUTION The parties agree that, in the event that suit is filed by either of them based on or pertaining to this Agreement, they shall submit this dispute to mediation as described in Section 154.023 of the Texas Civil Practices and Remedies Code. The parties further agree that the results of the mediation will not be binding on the parties. The parties shall have the right to undertake proceedings in a court of proper jurisdiction. INDEMNITY Any monetary loss suffered by the County from ineligible clients, mistake, fraud or other conditions can be recovered from the BVCOG only to the extent of available insurance. AMENDMENT This Agreement shall be automatically amended by the amendments made to the Act by the State Legislature. In all other respects, this Agreement may be modified, amended, altered or extended only by a written amendment signed by the parties. GOVERNING LAW This Agreement shall be executed in and shall be governed by the laws of the State of Texas. Venue shall be in Brazos County, Texas. FURTHER ASSURANCES Each party hereto agrees to perform any further acts and to execute and deliver any further documents, which may be necessary to carry out the provisions of this Agreement. FORCE MAJEURE Neither party shall be liable for any failure or delay in performance under this Agreement (other than for delay in the payment of money due and payable hereunder) to the extent said failures or delays are proximately caused by causes beyond that party's reasonable control and occurring without its fault or negligence, including, without limitation, failure of suppliers, subcontractors, and software providers, phone and internet service providers, carriers, or other parties to substantially meet its performance obligations under this Agreement, provided that, as a condition to the claim of nonliability, the party experiencing the difficulty shall give the other prompt written notice, with full details following the occurrence of the cause relied upon and an expected date when obligations under this Agreement will be resumed. SEVERABILITY If any clause or provision hereof is invalid, unenforceable or illegal under present or future laws, or held to be invalid by a court of competent jurisdiction, the validity and enforceability of the remaining provisions or portions hereof shall not be affected. Vol. 208 Pg. X.�� 2015 CIHCAgreemeni BRAZOS County-- BVCOG ENTIRE AGREEMENT This Agreement contains the entire agreement between the parties. There are no representations, agreements, arrangements or understandings, oral or written, between or among the parties hereto, relating to the subject matter of the Agreement, which are not fully expressed herein. FISCAL FUNDING Notwithstanding any provisions contained herein, the obligations of the County under this Agreement are expressly contingent upon the availability of funding for each item or obligation contained herein for the term of the Agreement and any extension thereto. BVCOG, or any other person or entity directly or indirectly employed by the BVCOG or any other person or entity to whom the BVCOG may be liable to, shall have no right of action against the County in the event the county is unable to fulfill its obligations under this Agreement as a result of lack of sufficient funding for any item or obligation from any source utilized to fund this Agreement or failure to budget or authorize funding for this Agreement during the current or future fiscal years. In the event that the County is unable to fulfill its obligations under this Agreement as a result of lack of sufficient funding, or if funds become unavailable, the County may, in its sole discretion, provide funds from a separate source or may, in its sole discretion, terminate this Agreement by written notice to the BVCOG at the earliest possible time under the circumstances. EFFECTIVE the )5� day of k!2014 BRAZOS COUNTY By te� Judge Duane Peters BRAZOS VALLEY COUNCIL O VE EMENTS By: ate �//y om Wilkinson, Jr. Executive Director Vol. 2 08 Pg. l N FOURTH RENEWAL TO LEASE PRECINCT 1, JUSTICE OF THE PEACE This Fourth Renewal to Lease ( "Fourth Renewal ") is made and executed by and between SOUTHWOOD WEST, a Texas General Partnership, 4101 Texas Avenue, Suite B, Bryan, Texas 77802, as "Lessor", and BRAZOS COUNTY, TEXAS, a political subdivision of the State of Texas, 200 S. Texas Ave., Suite 332, Bryan, Texas, 77803, as "Lessee ". RECITALS WHEREAS, the Lessor and Lessee entered into the original Lease ( "Lease ") on September 21, 2010; and, WHEREAS, the Lessor and Lessee entered into a renewal term ( "First Renewal Term ") on August 30, 2011; and, WHEREAS, the Lessor and Lessee entered into a second renewal term ( "Second Renewal Term ") on October 2, 2012; and, WHEREAS, the Lessor and Lessee entered into a third renewal term ("Third Renewal Term ") on September 10, 2013; and, WHEREAS, the Lease provides for five (5) additional renewal terms of one (1) year each, effective on October 1 of the year of renewal; and, WHEREAS, the Lease further provides a fixed monthly rental for the initial term of the Lease and all subsequent renewal terms in the amount of $2,213.50, payable in monthly installments on the first day of each month for the term of the Lease, and any subsequent renewal terms; and WHEREAS, the monthly rental amount was later negotiated to $2,130.17 per month; and WHEREAS, the Lessor and Lessee have agreed to renew the Lease for one (1) additional year beginning October 1, 2014 and terminating on September 30, 2015; and WHEREAS, the Lessor and Lessee have further agreed to amend and replace Paragraph III of the Lease, as set forth in Paragraph 2 below; NOW, THEREFORE, for the consideration stated herein, the Lessor and Lessee agree to the following amendments to the Lease. AGREEMENT 1. Renewal Term. This fourth renewal term ( "Fourth Renewal Term ") shall be effective October 1, 2014 and will terminate September 30, 2015. Additional subsequent renewal terms will be subject to the terms and conditions of the Lease and the First Amendment. If there are any conflicts between this Fourth Renewal Term and the Lease, the terms of this Fourth Renewal will control. This Fourth Renewal Term shall be conditioned on the same terms set forth in the Lease, save and except those terms that are amended herein. Vol. 208 Pg. �' , 2. Rental. Lessee agrees to pay Lessor as a fixed, minimum monthly rental for the Fourth Renewal Term of this Lease, and all subsequent renewal terms, if any, at such place as Lessor may from time to time designate $2,130.17 per month, payable in monthly installments on the first day of each month. 3. No Amendments. Except as expressly modified herein, the Lease is not amended. 4. Signatures. This Fourth Amendment and ail other copies of this Fourth Amendment, insofar as they relate to the rights, duties, and remedies of the parties, shall be deemed to be one agreement. This Amendment may be executed concurrently in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The parties expressly agree that a copy of this Fourth Amendment transmitted by facsimile or email that contains the signature of one of the parties, shall for all purposes be treated as an original and shall be binding against the parties hereto. S. This Amendment shall be effective for all purposes as of the date set forth below. G. Miscellaneous Provisions. a. Notices. Any notice required by or permitted under the Lease or this Fourth Amendment must be in writing. Any notice required by this Fourth Amendment or Lease will be deemed to be delivered (whether actually received or not) when deposited with the United States Postal Service, postage prepaid, certified mail, return receipt requested, and addressed to the intended recipient at the address shown in the Lease. Notice may also be given by regular mail, personal delivery, courier delivery, facsimile transmission, or other commercially reasonable means and will be effective when actually received. Any address for notice may be changed by written notice delivered as provided herein. Copies of each notice must be given by one of these methods to the attorney of the party to whom notice is given. b. Entire Agreement. The Lease and this Fourth Amendment, constitute the entire agreement of the Lessor and Lessee. There are no oral representations, warranties, agreements, or promises pertaining to the Lease or Fourth Amendment by Lessor or Lessee. c. Severability. The provisions of this Fourth Amendment are severable. If a court of competent jurisdiction finds that any provision of this Fourth Amendment is unenforceable, the remaining provisions will remain in effect without the unenforceable pa rts. Dated this --! t of use kal u r 20-W Lessor: SOUTHWOOD WEST, a Texas general partnership Vol. 208 Pg. �L/ Attest: By: Name: JEr4,n t •^^c,OaJo-A, Title: 1%M'r 0 >— Lessee: By: K Q2�I� —��1 c s�0.� By: Name: Title: f Vol. 208 Pg. 2-� "r r JUNCTION 505 BRAZOSCOUNTY BRYAN, TEXAS SUPPLEMENT' TO INDEPENDENT CONTRACTOR AGREEMENT WHEREAS, Brazos County, Texas, acting by and through its duly elected Commissioners Court ( hereinafter "COUNTY ") and Junction Five-0-Five, a Texas non- profit corporation (hereinafter "JUNCTION "), EXECUTED as Independent Contract Agreement dated the 17th day of November 1992 for the establishment and management, of recycling centers in Brazos County, Texas (hereinafter the "Agreement "); and WHEREAS, the COUNTY agrees to maintain the pay to JUNCTION in the sum of two thousand seven hundred twelve dollars and fifty -eight cents ($2,712.58) per month, per site for a total monthly sum of sixteen thousand two hundred seventy -five dollars and forty -eight cents ($16,275.48) for services to be rendered by JUNCTION for each of the following sites described below and in the Agreement: Site 1 located on Kathy Fleming Road Site 2 located on FM 2038 Site 3 located on State Highway 30 Site 4 located on Raymond Stotzer Pkwy (FM 60) Site 5 located on Mumford Road Site 6 located on Silver Hill Road In as other respects the terms and conditions of the Agreement remain unaltered and the parties hereto confirm, ratify and reaffirm the terms and conditions of said Agreement. NOW THEREFORE, Approved this day of Son l _'2014. OS COUNTY, EXAS JUNCTION FIVE -O -FIVE Duane Peters, County Judge Iris Woolley, Executive Director Vol. 208 Pg. 21 FUNDING AGREEMENT BETWEEN BRAZOS COUNTY AND MENTAL HEALTH MENTAL RETARDATION AUTHORITY OF BRAZOS VALLEY This Agreement for Funding ("Agreement') is by and between Brazos County, Texas (hereinafter "County") and the Mental Health Mental Retardation Authority of Brazos Valley, (hereinafter "MHMR "), a Texas non - profit 501(c)(3) corporation for a period of 12 months beginning October 1, 2014 and ending September 30, 2015. RECITALS WHEREAS, MHMR is a public non - profit community center serving all residents of Brazos County with the administrative responsibility and authority to provide a continuum of mental health and mental retardation services through available resources to eligible individuals residing in Brazos County; WHEREAS, to assist in accomplishing the above stated public purposes, MHMR coordinates activities of mental health and mental retardation coverage in Brazos County, Texas; and WHEREAS, the County desires to assist MHMR in their efforts to promote the public purpose of providing a comprehensive range of services in the local community for persons with mental illness or mental retardation residing in Brazos County by contracting with MHMR for the period beginning October 1, 2014 and ending September 30, 2015, for the speck services listed below; NOW, THEREFORE, for and in consideration of the mental health, mental retardation to be provided to the County by MHMR, and in compliance with the terms of this Agreement and subject to other provisions of this Agreement, and all applicable laws, the parties agree as follows: AGREEMENT ELIGIBILITY CRITERIA: This Agreement contemplates services provided to: 1) Individuals who permanently reside within Brazos County; 2) Who have been determined through the MHMR screening process to be in need of mental health or mental retardation services; and, 3) Who have been determined by MHMR in a fee assessment procedure to be unable to pay for the needed mental health or mental retardation services. MHMR warrants that the eligibility determination (ability to pay or availability of any third party pay and residency eligibility) is the responsibility of MHMR and such determination shall be made by MHMR prior to, or at the time of the provision of services. MHMR further warrants that Brazos County shall not be billed for and shall not provide reimbursement for any services provided by MHMR to non - residents of Brazos County or any MHMR Agreement Vol. 208 Pg. _eLa_17.1 Page I of 2� insured individuals with coverage for such services. MHMR will maintain records of Insured status for all hospital admissions. RESPONSIBILITIES OF BRAZOS COUNTY: 1) Pay to MHMR an (not to exceed) annual total reimbursement of $40,000.00 ( "Funds "), to be paid to MHMR as follows: a) $24,000.00 for Rehabilitative Case Management which includes psychiatric crisis related services, which is part of the local match requirement, and b) $16,000.00 for administrative support services. 2) It is understood and agreed that the County Funds represented by the Agreement are for the period of October 1, 2014 through September 30, 2015 only, and will be paid wholly from funds available in that budget year and that no County funding for subsequent budget years is authorized or implied by this Agreement; RESPONSIBILITIES OF MHMR under this Agreement: 1) To provide the services according to the most recent MHMR Local Plan for the fiscal year covering this agreement and according to the most recent performance Agreement between MHMR and the Texas Department of State Health Services, including mental health services, mental retardation services, contracted residential services, specialized therapies and psychiatric inpatient services; and 2) It is understood and agreed that all County funds paid to MHMR under this Agreement shall only be expended by MHMR for the purpose authorized under this Agreement and should any amounts be expended for any other purpose, they shall not qualify for payment or reimbursement; and 3) Reporting Requirements: Prepare and submit to the County a copy of the quarterly written and itemized accounting of expenditures, income and mental health and mental retardation services performed by MHMR pursuant to this Agreement in the same format as the quarterly report submitted to the Texas Department of State Health Services; Term and Termination This Agreement shall be effective from the period from October 1, 2014 to September 30, 2015 unless otherwise terminated prior to that time. Either of the parties shall have the right to terminate this Agreement in whole or in part at any time. Notice to terminate this Agreement will be given in writing at least thirty (30) days prior to the date of termination. The notice shall include the reason for such a termination, the effective date of the termination and, in the case of partial termination, the portion of the Agreement to be terminated. A party may also terminate its performance under this MHMR Agreement Vol. 2 08 Pg. -,g / Page 2of5 Agreement upon default by the other party. Default by the party shall occur if the party fails to perform or observe any of the terms and conditions of this Agreement required to be performed or observed by that party. Should such a default occur, the party against whom the default has occurred shall have the right to terminate all or part of its duties under this Agreement as of the thirtieth (30`h) day following the receipt by the defaulting party of a notice describing such default and intended termination, provided: (1) such termination shall be ineffective if within said thirty (30) day period the defaulting party cures the default or (ii) such termination may be stayed, at the sale option of the party against whom the default has occurred, pending cure of the default. MISCELLANEOUS PROVISIONS: Independent Contractor The relationship of MHMR to the County shall be that of an independent contractor. Parties in Interest This Agreement shall bind and benefit the County and MHMR and shall not bestow any rights upon third parties. Non - waiver Failure of either party hereto to insist on the strict performance of any of the Agreement herein or to exercise any rights or remedies occurring there under upon default or failure of performance shall not be considered a waiver of the right to Insist on and to enforce by an appropriate remedy strict compliance with any other obligation hereunder or to exercise any right or remedy occurring as a result of any future default or failure o performance. Applicable Laws This Agreement is subject to and shall be construed in accordance with the laws of the State of Texas, the laws of the federal government of the United States of America and all rules and regulations of any regulatory body or officer having jurisdiction. This Agreement is performable in Brazos County, Texas, Notices All notices required or permitted hereunder shall be in writing and addressed to the respective officer of the other party at the address described below or at such other address as the receiving party may have theretofore prescribed by notice to the sending party: County: Brazos County Commissioners Court County Administration Building 200 South Texas Avenue, Ste, 310 Bryan, Texas 77803 MHMR Agreement Vol. 208 Pg.� MHMR: Bill Kelly, Executive Director 1504 S. Texas Avenue Bryan, Texas 77802 Page 3 of 5 udits 2. MHMR agrees that County, or its designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. MHMR agrees to maintain such records for possible audit for a minimum of three (3) years after the termination date of this Agreement, unless a longer period of records retention is stipulated. MHMR agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. MHMR agrees that County, or its designated representative, shall further have the right to review and to copy any records and supporting documentation for prior years in which County provided funds to the MHMR under prior Agreements. Brazos County Commissioners Court may, in its sole discretion, require that an independent financial audit be performed on the records of MHMR. If an independent financial audit is performed, a management letter will be prepared by the auditor as part of the process and a copy of said management letter shall be delivered to the Brazos County Commissioners Court. The management letter shall identify issues that might not otherwise require disclosure in the MHMR annual financial report, but which are of concern to or under the suggestion of the auditor. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the MHMR. Annual financial statements (audited if available) are due to County within six (6) months of completion. Ambiguities In the event of any ambiguity in any of the terms of this Agreement, it shall not be construed for or against any party hereto on the basis that such party did or did not author the same. Entire Agreement This Agreement contains all the agreements of the parties relating to the subject matter hereof and is the full and final expression of the agreement between the parties. Indemnification and Compliance with Laws MHMR shall defend, indemnify and hold harmless the County from any and all damages, costs, claims, expenses or liability arising out of or connected with any Accident, act, error, omission, representation or misrepresentation by the County or MHMR in performing the services or other acts to be performed under this Agreement. MHMR shall comply with all applicable governmental and professional requirements, regulations and /or standards in performance of services under this agreement. MHMR Agreement Vol. 208 Pg. Page 4 of 5 Signed this —Will day of Mental Health Mental Retardation Authority of Brazos Valley By: Jr Bill-Kelly, Executive D' ector ATTEST: Kgw L Karen McQueen ` Brazos County Clerk _ Nv ` MHMR Agreement Brazos County By: Duane Peters, Brazos County Judge Vol. 2 08 Pg. o Page 5 of 5 FUNDING AGREEMENT BETWEEN BRAZOS COUNTY AND SCOTTY'S HOUSE CHILD ADVOCACY CENTER THIS FUNDING AGREEMENT ( "Agreement ") IS ENTERED INTO BY AND BETWEEN BRAZOS COUNTY, TEXAS, acting by and through its duly elected County Commissioners (hereinafter "County "), and SCOTTY'S HOUSE CHILD ADVOCACY CENTER (hereinafter "Provider"), located in Bryan, Texas, and is effective October 1, 2014. RECITALS WHEREAS, the County has the objective of providing support services to children who are the victims of physical abuse, sexual abuse, neglect, and exposure to violence; and WHEREAS, the Provider shares this common goal with the County; and WHEREAS, the County desires to assist the Provider in providing support services to children who are the victims of physical abuse, sexual abuse, neglect, and violence. through funds provided by the County. NOW THEREFORE, the parties agree to the following terms and conditions to provide such support services. AGREEMENT TERM This Agreement shall be for a term of twelve (12) months commencing on the 151 day of October, 2014, and terminating 30th day of September, 2015. CANCELLATION This Agreement may be canceled by any parties hereto upon sixty (60) days written notice as provided herein. SERVICES TO BE PERFORMED BY PROVIDER The Provider will provide the following services: Forensic Services - forensic interviews and on -site medical examinations that minimize additional trauma to the child. A forensic interview is a structured conversation with a child intended to elicit detailed information about a possible event(s) that the child may have experienced or witnessed. Each child's interview Scotty's House Agreement Vol. 208 Pg. _ -r-'' Page I of 6 2q is conducted by a trained Forensic Interviewer in a child friendly environment. A recording of the interview with the child is made available to agencies involved, thus reducing the number of times the child must retell the story. The recording may then be used in court proceedings. Advocacy Services — a Family Services Coordinator will work with each family to provide information and referral to community resources, follow -up medical testing and treatment, assistance with crime victims' compensation and any other need identified by the family. 3. Counseling Services - counseling is provided to children and their non - offending family members. Counseling can take shape in many forms: play therapy for younger children, art therapy, equine assisted psychotherapy, or support groups for children and their caregivers. Without counseling, children who are abused often experience severe social and psychological trauma that may including nightmares, hyper - vigilance, sleep difficulties, poor self- esteem, social isolation, increased use of drugs and alcohol, school failure, depression, and suicidal ideation. Education & Outreach Services - provide educational programs to the Brazos Valley on a variety of topics pertaining to child abuse, services to victims of sexual assault and their families (collectively "Services "). USE OF COUNTY FUNDS Funds to be furnished to Provider as stated herein be used to offset operational expenses of the Provider, including rent, telephone expenses, and office supplies. COUNTY'S LIABILITY FOR PAYMENT The County agrees to fund the Provider a maximum amount of money totaling $5,000.00 for the term of this Agreement ( "Funds'). RESPONSIBILITIES OF PROVIDER Provider will be responsible for providing the following services pursuant to this Agreement: 1. Maintaining this Agreement; 2. Providing of Services; 3. Maintaining data files on clients and the Services provided thereto; 4. Respond to all and any inquiries by the County. Scotty's House Agreement Vol. 208 Pg. J Page 2 of 6 Provider agrees that the County, or its designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Provider agrees to maintain such records for possible audit for a minimum of three (3) years after the termination date of this Agreement, unless a longer period of records retention is stipulated. Provider agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Provider agrees that the County, or its designated representative, shall further have the right to review and to copy any records and supporting documentation for prior years in which the County provided funds to the Provider under prior Agreements. Any audit will be conducted by County personnel or an independent third party, as determined by the Brazos County Commissioners Court. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, ail costs and expenses associated with said audit will be solely paid for by the Provider. 6. Brazos County Commissioners Court may, in its sole discretion, require that an independent financial audit be performed on the records of the Provider. If an independent financial audit is performed, a management letter will be prepared by the auditor as part of the process and a copy of said management letter shall be delivered to the Brazos County Commissioners Court. The management letter shall identify issues that might not otherwise require disclosure in the Provider's annual financial report, but which are of concern to or under the suggestion of the auditor. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the Provider. 7. Provider will provide the County with any and all certified audits conducted by Provider and the management letter prepared in connection therewith; 8. Provider will provide the Commissioners Court with statistics evidencing the number of Brazos County residents using the Provider's Services. RESPONSIBILITY OF COUNTY The County shall be responsible for the following duties and requirements: 1. Provide County Funds. 2. Conduct a review of the Provider's performance in providing the Services to be provided hereunder in order to assess County's continued participation in the funding of the Provider. Scotty's House Agreement Vol. 208 Pg. Page 3 of 6 RECORD RETENTION The Provider shall be responsible for record keeping on all Services provided to those individuals using its services and all financial records. The Provider agrees to maintain and make available for inspection by the County upon request, consistent with personal privacy and subject to the limitation of state law, any and all records the County determines, in its sole discretion, to be necessary for the County to justify its continued participation in supporting the Provider with Funds. Such records shall be retained for at least three (3) years from the date the service was provided. These records shall be made available for inspection and audit by the County, if it so desires. DISCRIMINATION The Provider shall not discriminate against any employee or applicant for employment because of race, color, sex, or national origin. The Provider shall take affirmative action to ensure that applicants who are employed are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rate of pay or other forms of compensation; and selection for training, including apprenticeship. The Provider agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. INDEMNITY The parties hereto agree to indemnify one another for and hold one another harmless from and against all suits, claims, demands, liabilities or actions resulting or alleged to result from the breach, violation or non - performance of the services stated herein and for any damage to any person resulting from any action or omission or negligence on the part of each parry hereto. INSURANCE The parties hereto agree that the Provider shall be an independent contractor and not any employee or agent of the County and that each shall maintain at its own expense, adequate liability insurance to insure against damages and liabilities which may arise due to the duties and obligations contracted for herein. COUNTY INVOLVEMENT The County and Provider state that to the best of their knowledge, no officer, agent or employee of the County who exercises any function or responsibility in connection with the carrying out of this Agreement or the Services to which it relates has personal interest, direct or indirect, in this Agreement. Scotty 's House Agreement GOVERNING LAW Vol. 208 Pg. —� Page 4 of 6 This Agreement shall be executed in and shall be governed by the laws of the State of Texas. NOTICES All notices required to be given hereunder shall be deemed to be duly given by delivering such notice or by mailing it, certified mail RRR to the other party at the following addresses: Scotty's House Child Advocacy Center 2424 Kent Street Bryan, Texas 77802 Brazos County Commissioners Court County Administration Building 200 So. Texas Ave. No. 310 Bryan, Texas 77803 FURTHER ASSURANCES Each party hereto agrees to perform any further acts and to execute and deliver any further documents which may be necessary to carry out the provisions of this Agreement. SEVERABILITY In the event that any of the provisions or portions thereof, of this Agreement, are held to be unenforceable or invalid by any court of competent jurisdiction, the validity and enforceability of the remaining provisions or portions shall not be affected thereby. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties concerning the subject matter contained herein. There are no representations, agreements, arrangements, or understanding, oral or written, between or among the parties hereto, relating to the subject matter of the Agreement, which are not fully expressed herein. ASSIGNABILITY This Agreement is not assignable by the Provider without the prior written consent of the County. Scotty's House Agreement Vol. 208 Pg. J Page 5 of 6 DATED this( 6111 day of 2014. Brazos County Scotty's House Child Advocacy Center ATTEST: Scotty's House Agreement Page 6 of Vol. 208 Pg. a2 W FUNDING AGREEMENT BETWEEN BRAZOS COUNTY AND BRAZOS VALLEY VETERANS MEMORIAL THIS AGREEMENT FOR THE FUNDING ( "Agreement") is made and entered into by and between BRAZOS VALLEY VETERANS MEMORIAL, a private nonprofit corporation chartered by the State of Texas, acting by and through its duly authorized agent(s) and officer(s), hereinafter referred to as ( "BVVM "), and Brazos County acting by and through its Commissioners Court, duly authorized to act, hereinafter referred to as ( "County "). RECITALS: WHEREAS, BVVM provides a public art memorial for residents and non - residents of the County to have a dignified place of recognition for the service and sacrifices made while in the uniformed services of this great nation and also provides an educational venue to teach our children about those sacrifices; and WHEREAS, the Commissioners Court of Brazos County finds that the memorial and grounds constitute a museum and/or recreational area; and WHEREAS, the County may provide funding to construct and/or maintain a museum and/or recreational park or facility; and WHEREAS, such activity serves a public purpose. NOW, THEREFORE, COUNTY and BVVM hereby agree as follows: BVVM through its funding and support shall operate and maintain a memorial for all veterans. County, for and in consideration of the services provided to County, hereby agrees to pay to BVVM a total payment of Ten Thousand and No /100 Dollars, $10.000.00 ( "Funds ") for the year beginning October 1, 2014 and ending September 30, 2015. Payment of such sum will be paid upon receipt of invoice. Brazos Vallee Veterans Memarial Agreement Vol. 208 Pg..� i✓' Page 1 oj'5 30 III. BVVM agrees to provide an annual account of how the Funds were spent to meet the above described services. BVVM agrees to furnish any information requested by the County Auditor, including documentation of the use of funds received from the County. IV. ACCOUNTING AND AUDIT BVVM agrees that County, or its designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. BVVM agrees to maintain such records for possible audit for a minimum of three (3) years after the termination date of this Agreement, unless a longer period of records retention is stipulated. BVVM agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. BVVM agrees that County, or its designated representative, shall further have the right to review and to copy any records and supporting documentation for prior years in which County provided funds to the BVVM under prior Agreements. Any audit will be conducted by County personnel or an independent third party, as determined by the Brazos County Commissioners Court. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the BVVM. Annual financial statements (audited if available) are due to County within six (6) months of completion. V. RECORD RETENTION The BVVM shall be responsible for record keeping on all services provided and agrees to maintain and make available for inspection by the County upon request consistent with Federal and State law, any and all records the County determines, in its sole discretion, to be necessary for the Court to justify its continued participation in supporting the BVVM with funding. Such records shall be retained for at least three (3) years from the date the service was provided. These records shall be made available for inspection and audit by the County, if It so desires. Brazos Valley Veterans Memorial Agreement Page 2 of Vol. 208 Pg. Vl. INDEMNITY The parties hereto agree to indemnify one another for and hold one another harmless from and against all suits, claims, demands, liabilities or actions resulting or alleged to result from the breach, violation or non - performance of the services stated herein and for any damage to any person resulting from any action or omission or negligence on the part of each party hereto. VII. INSURANCE The parties hereto agree that the BVVM shall be an independent contractor and not any employee or agent of the County and that each shall maintain at its own expense, adequate liability insurance to insure against damages and liabilities which may arise due to the duties and obligations funded herein. VIII. COUNTY INVOLVEMENT The County and BVVM state that to the best of their knowledge, no officer, agent or employee of the County who exercises any function or responsibility in connection with the carrying out of this Agreement or the services to which it relates has personal interest direct or indirect, in this Agreement. Texas. IX. GOVERNING LAW This Agreement shall be executed in and shall be governed by the laws of the State of X. NOTICES All notices required to be given hereunder shall be deemed to be duly given by delivering such notice or by mailing it, certified mail RRR to the other party at the following addresses: Brazos Valley Veterans Memorial Agreement Vol. 208 Pg. Page 3 of'5 Brazos Valley Veterans Memorial P.O. Box 11055 College Station, Texas 77842 Brazos County Commissioners Court 200 So. Texas Ave. No. 310 Bryan, Texas 77803 XI. FURTHER ASSURANCES Each party hereto agrees to perform any further acts and to execute and deliver any further documents which may be necessary to carry out the provisions of this Agreement. XII. SEVERABILITY In the event that any of the provisions or portions thereof, of this Agreement, are held to be unenforceable or invalid by any court of competent jurisdiction, the validity and enforceability of the remaining provisions or portions thereof shall not be affected thereby. XII I. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties hereto concerning the subject matter contained herein. There are no representations, agreements, arrangements, or understanding, oral or written, between or among the parties hereto, relating to the subject matter of the Agreements, which are not fully expressed herein. XIV. ASSIGNABILITY This Agreement is not assignable by the BVVM without the prior written consent of the County. WITNESS OUR HANDS this day of 2014. Brazos Valley Veterans Memorial Agreement Vol. 208 Pe. /,/ O Page 4 of 5 Brazos Valley Veterans Memorial, Inc. By: h 1 X Name: Title: Executive Director By: e, ��F Al dl�- Name: owu W. myww Title: President Brazos Valley Veterans Memorial Agreement Braz Cou ty, x By: Duane Peters, County Judge Attest: Vol. 208 Pg. ;57 Page 5 of 5 FUNDING AGREEMENT BETWEEN BRAZOS COUNTY AND SOUTH BRAZOS COUNTY FIRE DEPARTMENT, INC. THIS AGREEMENT for the Funding of Fire Protection Service of South Brazos County ( "Agreement') is hereby effective October 1, 2014, by and between the SOUTH BRAZOS COUNTY FIRE DEPARTMENT, INC. ( "Department') and BRAZOS COUNTY, TEXAS, ( "County "), each acting by and through its duly authorized agents; RECITALS WHEREAS, the County is authorized to contract with an incorporated volunteer fire department to provide fire protection pursuant to Local Government Code §352.001; and WHEREAS, the County believes it is more cost effective to contract with a volunteer fire department than to purchase equipment and operate a County fire department; and WHEREAS, the Department is located within the County and shall provide fire protection to an area of the County that is located outside the municipalities in the County; and WHEREAS, the Department has the personnel and equipment to provide such services and would benefit by the payment of funds by the County. NOW, THEREFORE, the parties, in consideration of the mutual covenants and conditions contained herein, agree as follows: SCOPE AGREEMENT Department shall provide fire protection services to any person who requests it within the confines of South Brazos County, Precinct 1, as described on Exhibit "A" attached hereto and made a part hereof for all purposes; provided however, if assistance is requested by other fire departments for Precinct 2, 3 and 4 it shall provide services in these areas, if possible. A more detailed map of the various Fire Districts can be obtained at the Brazos County Appraisal District at 1673 Briarcrest Drive, Suite A -101, Bryan, Texas 77802, and the parties agree to use the records maintained by that office if a question about the boundaries of the Precincts should arise. South Brazos County Fire Dept. Agreement Vol. 208 Pg. �Cd Page l oj'4 31 2. All requests for services under this Agreement shall be made through the 9 -1- 1 Emergency Communications District, which dispatches fire protection units for the County. 3. Department will maintain fire fighting equipment and certified personnel in compliance with Subchapter D of Chapter 419, Texas Government Code. The County is not responsible for damage to equipment or Injury to any person, or for the actions of the Department or their volunteers except as expressly provided by this Agreement. PAYMENTS 4. County shall pay Department the sum of $29,000.00 upon execution of this Agreement ( "Funds "). 5. The County shall make all payments to Department for these services from current revenues. TERM AND TERMINATION 6. This Agreement term shall be from October 1, 2014, and terminate at 12:00 a.m. (C.S.T.) on September 30, 2015. Either party shall have the right to terminate this Agreement, without cause, upon thirty (30) days written notice of such termination. Should the Agreement be terminated, the rights and obligations of the parties hereunder shall terminate, except that the rights and obligations of the parties that have accrued under this Agreement prior to the date of termination shall survive. In the event of a termination, the fee payable pursuant hereto shall be adjusted on a pro -rata basis and refunded within thirty (30) days of such termination. NOTICES All notices issued between parties to this Agreement shall be in writing. All notices shall be deemed given on the date personally delivered, faxed, or deposited in the U.S. Mail to the following parties: Department: South Brazos County Fire Department, Inc. P.O. Box 501 Millican, TX 77666 Attn: Chet Barker, Fire Chief County: Brazos County Commissioners Court 200 South Texas Ave., Suite 310 Bryan, TX 77803 South Brazos County Fire Dept. Agreement Vol. 208 Pg. s2&f % Page 1 of 4 DEFENSE OF CLAIMS 8. Pursuant to Local Government Code §352.004, the act of a person who, in carrying out the County's authority to provide fire protection under this Agreement, furnishes fire protection to a County resident who lives outside the municipalities in the County, including the act of a person who is a regular employee or fire fighter of a municipality, is considered to be the act of an agent of the County. 9. The County does not waive or relinquish any immunities or defense it has under law, on behalf of itself, its officers, employees, or agents as a result of its execution of this Agreement and the performance of the covenants herein. MISCELLANEOUS PROVISIONS 10. If any provision of the Agreement shall be held to be invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction, the validity and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The parties shall use their best efforts to replace the respective provisions or provisions of this Agreement with legal terms and conditions approximating the original intent of the parties. 11. This Agreement is the entire Agreement between the Department and the County relating to the provision of fire protection services and supersedes any and all prior Agreements, arrangements, or understandings, whether written or oral. 12. This Agreement is for the benefit of the parties to the Agreement, and does not confer any rights on any third parties. 13. No amendment to this Agreement shall be effective and binding unless and until it is reduced to writing and signed by the authorized representatives of all parties. 14. This Agreement has been made under and shall be governed by the laws of the State of Texas. This Agreement and all matters related thereto shall be performed in Brazos County, Texas. 15. Failure of any party at any time, to enforce a provision of this Agreement, shall not constitute a waiver of that provision, nor in any way affect the validity of this Agreement or the right of any party thereafter to enforce each and every provision hereof. No term of this Agreement shall be deemed waived or breach excused unless the waiver shall be in writing and signed by the party(ies) claimed to have waived. Furthermore, any consent to or waiver of a breach will not constitute consent to or waiver of or excuse of any other, different or subsequent breach. South Brazos County Fire Dept. Agreement Vol. 2 08 Pg. `� Page 3 of 16. It is understood and agreed that this Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. INFORMATION FURNISHED BY RECIPIENT Department agrees that County, or its designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Department agrees to maintain such records for possible audit for a minimum of three (3) years after the termination date of this Agreement, unless a longer period of records retention is stipulated. Department agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Department agrees that the County, or its designated representative, shall further have the right to review and to copy any records and supporting documentation for prior years in which Brazos County provided funds to the Department under prior Agreements. Any audit will be conducted by County personnel or an independent third party, as determined by the Brazos County Commissioners Court. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the Department. If an independent financial audit is performed, a management letter will be prepared by the auditor as part of the process and a copy of said management letter shall be delivered to the Brazos County Commissioners Court. The management letter shall identify issues that might not otherwise require disclosure in the Department annual financial report, but which are of concern to or under the suggestion of the auditor. Annual financial statements (audited if available) are due to County within six (6) months of completion. South Bra s County Department, Inc. By: w C et Barker. Fire Chief Date: v r Z(o ZED! South Brazos County Fire Dept. Agreement Bra s ou e�� ;�� Duane Peters, County Judge Date: 9 Lido ATTEST: Karen McQueen, County Clerk Vol. 208 Piz. ,7- C9 Page 4 of 4 FUNDING AGREEMENT BETWEEN BRAZOS COUNTY AND BRAZOS COUNTY PRECINCT 3 VOLUNTEER FIRE DEPARTMENT, INC. THIS AGREEMENT for the Funding of Fire Protection Service of Precinct Three ( "Agreement ") is hereby effective October 1, 2014, by and between the BRAZOS COUNTY PRECINCT THREE VOLUNTEER FIRE DEPARTMENT, INC. ('Department') and BRAZOS COUNTY, TEXAS, ( "County "), each acting by and through its duly authorized agents; RECITALS WHEREAS, the County is authorized to contract with an incorporated volunteer fire department to provide fire protection pursuant to Local Government Code §352.001; and WHEREAS, the County believes it is more cost effective to contract with a volunteer fire department than to purchase equipment and operate a County fire department; and WHEREAS, the Department is located within the County and shall provide fire protection to an area of the County that is located outside the municipalities in the County; and WHEREAS, the Department has the personnel and equipment to provide Such services and would benefit by the payment of funds by the County. NOW, THEREFORE, the parties, in consideration of the mutual covenants and conditions contained herein, agree as follows: SCOPE AGREEMENT Department shall provide fire protection services to any person who requests it within the confines of Precinct 3, as described on Exhibit "A" attached hereto and made a part hereof for all purposes; provided however, if assistance is requested by other fire departments for Precinct 1, 2 and 4 it shall provide services in these areas, if possible. A more detailed map of the various Fire Districts can be obtained at the Brazos County Appraisal District at 1673 Briarcrest Drive, Suite A -101, Bryan, Texas 77802, and the parties agree to use the records maintained by that office if a question about the boundaries of the Precincts should arise. Precinct 3 Volunteer Fire Dept. Agreement 1 li .- Page 1 of 4 32 2. All requests for services under this Agreement shall be made through the 9 -1- 1 Emergency Communications District, which dispatches fire protection units for the County. 3. Department will maintain fire fighting equipment and certified personnel in compliance with Subchapter D of Chapter 419, Texas Government Code. The County is not responsible for damage to equipment or Injury to any person, or for the actions of the Department or their volunteers except as expressly provided by this Agreement. PAYMENTS 4. County shall pay Department the sum of $29,000.0 0 upon execution of this Agreement (`Funds "). 5. The County shall make all payments to Department for these services from current revenues. TERM AND TERMINATION This Agreement term shall be from October 1, 2014, and terminate at 12:00 a.m. (C.S.T.) on September 30, 2015. Either party shall have the right to terminate this Agreement, without cause, upon thirty (30) days written notice of such termination. Should the Agreement be terminated, the rights and obligations of the parties hereunder shall terminate, except that the rights and obligations of the parties that have accrued under this Agreement prior to the date of termination shall survive. In the event of a termination, the fee payable pursuant hereto shall be adjusted on a pro -rata basis and refunded within thirty (30) days of such termination. K91119 *1 All notices issued between parties to this Agreement shall be in writing. All notices shall be deemed given on the date personally delivered, faxed, or deposited in the U.S. Mail to the following parties: Department: Brazos County Precinct Three Volunteer Fire Department, Inc. P.O. Box 5453 Bryan, TX 77805 -5453 Attn: Gerald Burnett, Fire Chief County: Brazos County Commissioners Court 200 South Texas Ave., Suite 310 Bryan, TX 77803 Precinct 3 Volunteer Fire Dept. Agreement Vol. 208 ft. o2- 4S� Page 2 of 4 DEFENSE OF CLAIMS 8. Pursuant to Local Government Code §352.004, the act of a person who, in carrying out the County's authority to provide fire protection under this Agreement, furnishes fire protection to a County resident who lives outside the municipalities in the County, including the act of a person who is a regular employee or fire fighter of a municipality, is considered to be the act of an agent of the County. The County does not waive or relinquish any immunities or defense it has under law, on behalf of itself, its officers, employees, or agents as a result of its execution of this Agreement and the performance of the covenants herein. MISCELLANEOUS PROVISIONS 10. If any provision of the Agreement shall be held to be invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction, the validity and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The parties shall use their best efforts to replace the respective provisions or provisions of this Agreement with legal terms and conditions approximating the original intent of the parties. 11. This Agreement is the entire Agreement between the Department and the County relating to the provision of fire protection services and supersedes any and all prior Agreements, arrangements, or understandings, whether written or oral. 12. This Agreement is for the benefit of the parties to the Agreement, and does not confer any rights on any third parties. 11 No amendment to this Agreement shall be effective and binding unless and until it is reduced to writing and signed by the authorized representatives of all parties. 14. This Agreement has been made under and shall be governed by the laws of the State of Texas. This Agreement and all matters related thereto shall be performed in Brazos County, Texas. 15. Failure of any party at any time, to enforce a provision of this Agreement, shall not constitute a waiver of that provision, nor in any way affect the validity of this Agreement or the right of any party thereafter to enforce each and every provision hereof. No term of this Agreement shall be deemed waived or breach excused unless the waiver shall be in writing and signed by the party(ies) claimed to have waived. Furthermore, any consent to or waiver of a breach will not constitute consent to or waiver of or excuse of any other, different or subsequent breach. Precinct 3 Volunteer Fire Dept. Agreement Vol. 208 Pg. � Page 3 of 4 16. It is understood and agreed that this Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. INFORMATION FURNISHED BY RECIPIENT 17. Department agrees that County, or its designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Department agrees to maintain such records for possible audit for a minimum of three (3) years after the termination date of this Agreement, unless a longer period of records retention is stipulated. Department agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Department agrees that the County, or its designated representative, shall further have the right to review and to copy any records and supporting documentation for prior years in which Brazos County provided funds to the Department under prior Agreements. Any audit will be conducted by County personnel or an independent third party, as determined by the Brazos County Commissioners Court. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the Department. If an independent financial audit is performed, a management letter will be prepared by the auditor as part of the process and a copy of said management letter shall be delivered to the Brazos County Commissioners Court. The management letter shall identify issues that might not otherwise require disclosure in the Department annual financial report, but which are of concern to or under the suggestion of the auditor. Annual financial statements (audited if available) are due to County within six (6) months of completion. Brazos County Precinct Three Voluntelar Fire Department, Inc. By. W eral %Burnett, Fire� /Chief Date: Precinct 3 Volunteer Fire Dept. Agreement os Te s Duane Peters, Cou nty Judge Date: 11 ��l4 Vol. 208 Pg. -7- 6, Page 4 of 4 FUNDING AGREEMENT BETWEEN BRAZOS COUNTY AND BRAZOS COUNTY PRECINCT 4 VOLUNTEER FIRE DEPARTMENT, INC. THIS AGREEMENT for the Funding of Fire Protection Service of Precinct Four ( "Agreement') is hereby made effective October 1, 2014, by and between the BRAZOS COUNTY PRECINCT FOUR VOLUNTEER FIRE DEPARTMENT, INC. ( "Department') and BRAZOS COUNTY, TEXAS, ( "County "), each acting by and through its duly authorized agents; RECITALS WHEREAS, the County is authorized to contract with an incorporated volunteer fire department to provide fire protection pursuant to Local Government Code §352.001; and WHEREAS, the County believes it Is more cost effective to contract with a volunteer fire department than to purchase equipment and operate a County fire department; and WHEREAS, the Department is located within the County and shall provide fire protection to an area of the County that is located outside the municipalities in the County; and WHEREAS, the Department has the personnel and equipment to provide such services and would benefit by the payment of funds by the County. NOW, THEREFORE, the parties, in consideration of the mutual covenants and conditions contained herein, agree as follows: SCOPE AGREEMENT Department shall provide fire protection services to any person who requests it within the confines of Precinct 4, as described on Exhibit "A" attached hereto and made a part hereof for all purposes; provided however, if assistance is requested by other fire departments for Precinct 1, 2 and 3 it shall provide services in these areas, if possible. A more detailed map of the various Fire Districts can be obtained at the Brazos County Appraisal District at 1673 Briarcrest Drive, Suite A -101, Bryan, Texas 77802, and the parties agree to use the records maintained by that office if a question about the boundaries of the Precincts should arise. Precinct 4 Volunteer Fire Dept. Agreement Vol. 208 Pg..Z �? Page f of 33 All requests for services under this Agreement shall be made through the 9 -1- 1 Emergency Communications District, which dispatches fire protection units for the County. 3. Department will maintain fire fighting equipment and certified personnel in compliance with Subchapter D of Chapter 419, Texas Government Code. The County is not responsible for damage to equipment or injury to any person, or for the actions of the Department or their volunteers except as expressly provided by this Agreement. PAYMENTS 4. County shall pay Department the sum of $29,000.00 upon execution of this Agreement ( "Funds "). 5. The County shall make all payments to Department for these services from current revenues. TERM AND TERMINATION 6. This Agreement term shall be from October 1, 2014, and terminate at 12:00 a.m. (C.S.T.) on September 30, 2015. Either party shall have the right to terminate this Agreement, without cause, upon thirty (30) days written notice of such termination. Should the Agreement be terminated, the rights and obligations of the parties hereunder shall terminate, except that the rights and obligations of the parties that have accrued under this Agreement prior to the date of termination shall survive. In the event of a termination, the fee payable pursuant hereto shall be adjusted on a pro -rata basis and refunded within thirty (30) days of such termination. NOTICES All notices issued between parties to this Agreement shall be in writing. All notices shall be deemed given on the date personally delivered, faxed, or deposited in the U.S. Mail to the following parties: Department: Brazos County Precinct Four Volunteer Fire Department, Inc. P.O. Box 4186 Bryan, TX 77805 Attn: Joe Ondrasek, Fire Chief County: Brazos County Commissioners Court 200 South Texas Ave., Suite 310 Bryan, TX 77803 Precinct 4 Volunteer Fire Dept. Agreement Vol. 208 Pg. ZL `X Page 2 of 4 DEFENSE OF CLAIMS Pursuant to Local Government Code §352.004, the act of a person who, in carrying out the County's authority to provide fire protection under this Agreement, furnishes fire protection to a County resident who lives outside the municipalities in the County, including the act of a person who is a regular employee or fire fighter of a municipality, is considered to be the act of an agent of the County. The County does not waive or relinquish any immunities or defense it has under law, on behalf of itself, its officers, employees, or agents as a result of its execution of this Agreement and the performance of the covenants herein. MISCELLANEOUS PROVISIONS 10. If any provision of the Agreement shall be held to be invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction, the validity and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The parties shall use their best efforts to replace the respective provisions or provisions of this Agreement with legal terms and conditions approximating the original intent of the parties. 11. This Agreement is the entire Agreement between the Department and the County relating to the provision of fire protection services and supersedes any and all prior Agreements, arrangements, or understandings, whether written or oral. 12. This Agreement is for the benefit of the parties to the Agreement, and does not confer any rights on any third parties. 13. No amendment to this Agreement shall be effective and binding unless and until it is reduced to writing and signed by the authorized representatives of all parties. 14. This Agreement has been made under and shall be governed by the laws of the State of Texas. This Agreement and all matters related thereto shall be performed in Brazos County, Texas. 15. Failure of any party at any time, to enforce a provision of this Agreement, shall not constitute a waiver of that provision, nor in any way affect the validity of this Agreement or the right of any party thereafter to enforce each and every provision hereof. No term of this Agreement shall be deemed waived or breach excused unless the waiver shall be in writing and signed by the party(ies) claimed to have waived. Furthermore, any consent to or waiver of a breach will not constitute consent to or waiver of or excuse of any other, different or subsequent breach. Precinct 4 Volunteer Fire Dept. Agreement Vol. 208 Pg. 270 Page 3 of 4 16. It is understood and agreed that this Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. INFORMATION FURNISHED BY RECIPIENT 17. Department agrees that County, or its designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Department agrees to maintain such records for possible audit for a minimum of three (3) years after the termination date of this Agreement, unless a longer period of records retention is stipulated. Department agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Department agrees that the County, or its designated representative, shall further have the right to review and to copy any records and supporting documentation for prior years in which Brazos County provided funds to the Department under prior Agreements. Any audit will be conducted by County personnel or an independent third party, as determined by the Brazos County Commissioners Court. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the Department. If an independent financial audit is performed, a management letter will be prepared by the auditor as part of the process and a copy of said management letter shall be delivered to the Brazos County Commissioners Court. The management letter shall identify issues that might not otherwise require disclosure in the Department annual financial report, but which are of concern to or under the suggestion of the auditor. Annual financial statements (audited if available) are due to County within six (6) months of completion. Brazos County Precinct Four Volunteer Fire Department, Inc. By: Jol Ondr k, Fire Chief Date: g % Precinct 4 Volunteer Fire Dept. Agreement Brazos County, Texas Duane Peters, County Judge Date: g wig ATTEST: Vol. 208 Pg. STATE OF TEXAS § COUNTY OF TRAVIS § 24 CSJ # 0049 -09 -070 District # 17 -Bryan Code Chart 64 # 50021 Project: SH 6 WFR Intersection Improvement Federal Highway Administration CFDA # 20.205 Not Research and Development ADVANCE FUNDING AGREEMENT For A ON- SYSTEM LOCAL GOVERNMENT INTERSECTION IMPROVEMENT PROJECT THIS AGREEMENT is made by and between the State of Texas, acting by and through the Texas Department of Transportation called the "State ", and the County of Brazos, acting by and through its duly authorized officials, called the "Local Government." WITNESSETH WHEREAS, federal law establishes federally funded programs for transportation improvements to implement its public purposes; and WHEREAS, the Texas Transportation Code, Sections 201.103 and 222.052 establish that the State shall design, construct and operate a system of highways in cooperation with local governments; and WHEREAS, federal and state laws require local governments to meet certain contract standards relating to the management and administration of State and federal funds; and WHEREAS, the Texas Transportation Commission passed Minute Order Number 113967, authorizing the State to undertake and complete a highway improvement generally described as Widen SH 6 west frontage road to construct a left turn lane at Louis Mikulin Rd called the "Project; and, WHEREAS, the Governing Body of the LocalQovernment has approved entering into this agreement by resolution or ordinance dated �2014, which is attached to and made a part of this agreement as Attachment "A' for the improvement covered by this agreement. A map showing the Project location appears in Attachment "B," which is attached to and made a part of this agreement. NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties, to be by them respectively kept and performed as set forth in this agreement, it is agreed as follows: AFA- AFA_LongGen Page 1 of 11 Revised 07/28/2014 Vol. 208 Pg. „L Z Z CSJ # 0049 -09 -070 District # 17 -Bryan Cade Chart 64 # 50021 Project: SH 6 WFR Intersection Improvement Federal Highway Administration CFDA # 20.205 Not Research and Development AGREEMENT Period of the Agreement This agreement becomes effective when signed by the last party whose signing makes the agreement fully executed. This agreement shall remain in effect until the Project is completed or unless terminated as provided below. 2. Scope of Work Widen SH 6 west frontage road to construct a left turn lane at Louis Mikulin Rd. consisting of grading, flexible base, surface, and pavement marking and markers. 3. Local Project Sources and Uses of Funds A. The total estimated cost of the Project is shown in the Project Budget — Attachment "C ", which is attached to and made a part of this agreement. The expected cash contributions from the Federal or State government, the Local Governments, or other parties is shown in Attachment "C ". The State will pay for only those project costs that have been approved by the Texas Transportation Commission. The State and the Federal Government will not reimburse the Local Government for any work performed before the federal spending authority is formally obligated to the Project by the Federal Highway Administration. After federal funds have been obligated, the State will send to the Local Government a copy of the formal documentation showing the obligation of funds including federal award information. The Local Government is responsible for 100% of the cost of any work performed under its direction or control before the federal spending authority is formally obligated. B. If the Local Government will perform any work under this contract for which reimbursement will be provided by or through the State, the Local Government must complete training before federal spending authority is obligated. Training is complete when at least one individual who is working actively and directly on the Project successfully completes and receives a certificate for the course entitled Local Government Project Procedures Qualification for the Texas Department of Transportation. The Local Government shall provide the certificate of qualification to the State. The individual who receives the training certificate may be an employee of the Local Government or an employee of a firm that has been contracted by the Local Government to perform oversight of the Project. The State in its discretion may deny reimbursement if the Local Government has not designated a qualified individual to oversee the Project. C. This Project cost estimate shows how necessary resources for completing the Project will be provided by major cost categories. These categories may include but are not limited to: (1) costs of real property; (2) costs of utility work; (3) costs of environmental assessment and remediation; (4) cost of preliminary engineering and design; (5) cost of construction and construction management; and (6) any other local project costs. D. The State will be responsible for securing the Federal and State share of the funding required for the development and construction of the local Project. If the Local Government is due funds for expenses incurred, these funds will be reimbursed to the Local Government on a cost basis. E. The Local Government will be responsible for all non - federal or non -state participation costs associated with the Project, including any overruns in excess of the approved local AFA- AFA— LongGen Page 2 of 11 Revised 0712812014 Vol. 2 08 Pg. _2_Z2 CSJ # 0049 -09 -070 District # 17 -Bryan Code Chart 64 # 50021 Project: SH 6 WFR Intersection Imorovement Federal Highway Administration CFDA # 20.205 Not Research and Development project budget unless otherwise provided for in this agreement or approved otherwise in an amendment to this agreement. F. Prior to the performance of any engineering review work by the State, the Local Government will pay to the State the amount specified in Attachment C. At a minimum, this amount shall equal the Local Government's funding share for the estimated cost of preliminary engineering for the Project. At least sixty (60) days prior to the date set for receipt of the construction bids, the Local Government shall remit its remaining financial share for the State's estimated construction oversight and construction cost. G. In the event that the State determines that additional funding by the Local Government is required at any time during the Project, the State will notify the Local Government in writing. The Local Government shall make payment to the State within thirty (30) days from receipt of the State's written notification. H. Whenever funds are paid by the Local Government to the State under this agreement, the Local Government shall remit a check or warrant made payable to the "Texas Department of Transportation Trust Fund." The check or warrant shall be deposited by the State in an escrow account to be managed by the State. Funds in the escrow account may only be applied to the State Project. I. Upon completion of the Project, the State will perform an audit of the Project costs. Any funds due by the Local Government, the State, or the Federal government will be promptly paid by the owing party. If, after final Project accounting, excess funds remain in the escrow account, those funds may be applied by the State to the Local Government's contractual obligations to the State under another advance funding agreement with approval by appropriate personnel of the Local Government. J. The State will not pay interest on any funds provided by the Local Government. K. If a waiver has been granted, the State will not charge the Local Government for the indirect costs the State incurs on the local Project, unless this agreement is terminated at the request of the Local Government prior to completion of the Project. L. If the Project has been approved for a "fixed price" or an "incremental payment" non- standard funding or payment arrangement under 43 TAC §15.52, the budget in Attachment C will clearly state the amount of the fixed price or the incremental payment schedule. M. If the Local government is an Economically Disadvantaged County and if the State has approved adjustments to the standard financing arrangement, this agreement reflects those adjustments. N. The state auditor may conduct an audit or investigation of any entity receiving funds from the State directly under this contract or indirectly through a subcontract under this contract. Acceptance of funds directly under this contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. O. Payment under this contract beyond the end of the current fiscal biennium is subject to availability of appropriated funds. If funds are not appropriated, this contract shall be terminated immediately with no liability to either party. AFA- AFA_LongGen Page 3 of 11 Revised 07/2812014 Vol. 208 Pg. .z7�1 CSJ # 0049 -09 -070 District # 17 -Bryan Code Chart 64 # 50021 Project. SH 6 WFR Intersection Improvement Federal Highway Administration CFDA # 20.205 Not Research and Development P. The Local Government is authorized to submit requests for reimbursement by submitting the original of an itemized invoice in a form and containing all items required by the State no more frequently than monthly, and no later than ninety (90) days after costs are incurred. If the Local Government submits invoices more than ninety (90) days after the costs are incurred, and if federal funding is reduced as a result, the State shall have no responsibility to reimburse the Local Government for those costs. Q. The State will not execute the contract for the construction of the Project until the required funding has been made available by the Local Government in accordance with this agreement. 4. Termination of this Agreement This agreement shall remain in effect until the project is completed and accepted by all parties unless: A. The agreement is terminated in writing with the mutual consent of the parties; B. The agreement is terminated by one party because of a breach, in which case any cost incurred because of the breach shall be paid by the breaching party, C. The Local Government elects not to provide funding after the completion of preliminary engineering, specifications, and estimates (PS &E) and the Project does not proceed because of insufficient funds, in which case the Local Government agrees to reimburse the State for its reasonable actual costs incurred during the Project; or D. The Project is inactive for thirty -six (36) months or longer and no expenditures have been charged against federal funds, in which case the State may in its discretion terminate this agreement. 5. Amendments Amendments to this agreement due to changes in the character of the work, terms of the agreement, or responsibilities of the parties relating to the Project may be enacted through a mutually agreed upon, written amendment. 6. Remedies This agreement shall not be considered as specifying the exclusive remedy for any agreement default, but all remedies existing at law and in equity may be availed of by either party to this agreement and shall be cumulative. Utilities The Local Government shall be responsible for the adjustment, removal, or relocation of utility facilities in accordance with applicable State laws, regulations, rules, policies, and procedures, including any cost to the State of a delay resulting from the Local Government's failure to ensure that utility facilities are adjusted, removed, or relocated before the scheduled beginning of construction. The Local Government will not be reimbursed with federal or state funds for the cost of required utility work. The Local Government must obtain advance approval for any variance from established procedures. Before a construction contract is let, the Local Government shall provide, at the State's request, a certification stating that the Local Government has completed the adjustment of all utilities that must be adjusted before construction is completed. AFA- AFA_LongGen Page 4 of 11 Revised 07/28/2014 Vol. 208 Pg. '/J� CSJ # 0049 -09 -070 District # 17 -Bryan Code Chart 64 # 50021 Project: SH 6 WFR Intersection Improvement Federal Highway Administration CFDA # 20.205 Not Research and Development 8. Environmental Assessment and Mitigation Development of a transportation project must comply with the National Environmental Policy Act and the National Historic Preservation Act of 1966, which require environmental clearance of federal -aid projects. A. The Local Government is responsible for the identification and assessment of any environmental problems associated with the development of a local project governed by this agreement. B. The Local Government is responsible for the cost of any environmental problem's mitigation and remediation. C. The Local Government is responsible for providing any public meetings or public hearings required for development of the environmental assessment. Public hearings will not be held prior to the approval of project schematic. D. The Local Government is responsible for the preparation of the NEPA documents required for the environmental clearance of this Project. E. Before the advertisement for bids, the Local Government shall provide to the State written documentation from the appropriate regulatory agency or agencies that all environmental clearances have been obtained. 9. Compliance with Texas Accessibility Standards and ADA All parties to this agreement shall ensure that the plans for and the construction of all projects subject to this agreement are in compliance with the Texas Accessibility Standards (TAS) issued by the Texas Department of Licensing and Regulation, under the Architectural Barriers Act, Article 9102, Texas Civil Statutes, The TAS establishes minimum accessibility requirements to be consistent with minimum accessibility requirements of the Americans with Disabilities Act (P.L. 101 -336) (ADA). 10. Architectural and Engineering Services The Local Government has responsibility for the performance of architectural and engineering services. The engineering plans shall be developed in accordance with the applicable State's Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges and the special specifications and special provisions related to it. For projects on the state highway system, the design shall, at a minimum conform to applicable State manuals. For projects not on the state highway system, the design shall, at a minimum, conform to applicable American Association of State Highway and Transportation Officials design standards. In procuring professional services, the parties to this agreement must comply with federal requirements cited in 23 CFR Part 172 if the project is federally funded and with Texas Government Code 2254, Subchapter A, in all cases. Professional contracts for federally funded projects must conform to federal requirements, specifically including the provision for participation by Disadvantaged Business Enterprises (DBEs), ADA, and environmental matters. 11. Construction Responsibilities A. The Local Government shall advertise for construction bids, issue bid proposals, receive and tabulate the bids, and award and administer the contract for construction of the Project. Administration of the contract includes the responsibility for construction engineering and for issuance of any change orders, supplemental agreements, amendments, or additional AFA- AFA_LongGen Page 5 of 11 Revised 07/28/2014 Vol. 208 Pg. 7� CSJ # 0049 -09 -070 District # 17 -Bryan Code Chart 64 # 50021 Project: SH 6 WFR Intersection Improvement Federal Highway Administration CFDA # 20.205 Not Research and Development work orders that may become necessary subsequent to the award of the construction contract. In order to ensure federal funding eligibility, projects must be authorized by the State prior to advertising for construction. B. The Local Government will use its approved contract letting and award procedures to let and award the construction contract. C. Prior to their execution, the Local Government will be given the opportunity to review contract change orders that will result in an increase in cost to the Local Government. D. Upon completion of the Project, the party constructing the Project will issue and sign a "Notification of Completion" acknowledging the Project's construction completion. E. For federally funded contracts, the parties to this agreement will comply with federal construction requirements cited in 23 CFR Part 635 and with requirements cited in 23 CFR Part 633, and shall include the latest version of Form "FHWA- 1273" in the contract bidding documents. If force account work will be performed, a finding of cost effectiveness shall be made in compliance with 23 CFR 635, Subpart B. 12. Project Maintenance The Local Government shall be responsible for maintenance of locally owned roads after completion of the work and the State shall be responsible for maintenance of state highway system after completion of the work if the work was on the state highway system, unless otherwise provided for in existing maintenance agreements with the Local Government, 13. Right of Way and Real Property The State is responsible for the provision and acquisition of any needed right of way or real property. 14. Notices All notices to either party shall be delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to that party at the following address: Local Government: Brazos County Judge Brazos County 200 S. Texas Ave., Suite 332 Bryan, Texas 77803 State: Director of Contract Services Office Texas Department of Transportation 125 E. 11'h Street Austin, Texas 78701 All notices shall be deemed given on the date delivered in person or deposited in the mail, unless otherwise provided by this agreement. Either party may change the above address by sending written notice of the change to the other party. Either party may request in writing that notices shall be delivered personally or by certified U.S. mail, and that request shall be carried out by the other party. AFA- AFA_LongGen Page 6 of 11 Vol. 208 Pg. ,Z Revised 07/2812014 CSJ # 0049 -09 -070 District # 17 -13ryan Code Chart 64 # 50021 Project: SH 6 WFR Intersection Improvement Federal Highway Administration CFDA # 20.205 Not Research and Development 15. Legal Construction If one or more of the provisions contained in this agreement shall for any reason be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions and this agreement shall be construed as if it did not contain the invalid, illegal, or unenforceable provision. 16. Responsibilities of the Parties The State and the Local Government agree that neither party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds as well as the acts and deeds of its contractors, employees, representatives, and agents. 17. Ownership of Documents Upon completion or termination of this agreement, all documents prepared by the State shall remain the property of the State. All data prepared under this agreement shall be made available to the State without restriction or limitation on their further use. All documents produced or approved or otherwise created by the Local Government shall be transmitted to the State in the form of photocopy reproduction on a monthly basis as required by the State. The originals shall remain the property of the Local Government. At the request of the State, the Local Government shall submit any information required by the State in the format directed by the State. 18. Compliance with Laws The parties shall comply with all federal, state, and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any manner affecting the performance of this agreement. When required, the Local Government shall furnish the State with satisfactory proof of this compliance. 19. Sole Agreement This agreement constitutes the sole and only agreement between the parties and supersedes any prior understandings or written or oral agreements respecting the agreement's subject matter. 20. Cost Principles In order to be reimbursed with federal funds, the parties shall comply with the Cost Principles established in OMB Circular A -87 that specify that all reimbursed costs are allowable, reasonable, and allocable to the Project. 21. Procurement and Property Management Standards The parties shall adhere to the procurement standards established in Title 49 CFR §18.36 and with the property management standard established in Title 49 CFR §18.32. 22. Inspection of Books and Records The parties to this agreement shall maintain all books, documents, papers, accounting records, and other documentation relating to costs incurred under this agreement and shall make such materials available to the State, the Local Government, and, if federally funded, the Federal Highway Administration (FHWA), and the U.S. Office of the Inspector General, or their duly AFA- AFA_LongGen Page 7 of 11 Revised 07/28/2014 Vol. 208 Pg. CSJ # 0049 -09 -070 District # 17 -Bryan Code Chart 64 # 50021 Project: SH 6 WFR Intersection Improvement Federal Highway Administration CFDA # 20.205 Not Research and Development authorized representatives for review and inspection at its office during the contract period and for four (4) years from the date of completion of work defined under this contract or until any impending litigation, or claims are resolved. Additionally, the State, the Local Government, and the FHWA and their duly authorized representatives shall have access to all the governmental records that are directly applicable to this agreement for the purpose of making audits, examinations, excerpts, and transcriptions. 23. Civil Rights Compliance The Local Government shall comply with the regulations of the United States Department of Transportation as they relate to non - discrimination (49 CFR Part 21 and 23 CFR Part 200), and Executive Order 11246 titled "Equal Employment Opportunity," as amended by Executive Order 11375 and supplemented in the Department of Labor Regulations (41 CFR Part 60). 24. Disadvantaged Business Enterprise (DBE) Program Requirements A. The parties shall comply with the Disadvantaged Business Enterprise Program requirements established in 49 CFR Part 26. B. The Local Government shall adopt, in its totality, the State's federally approved DBE program. C. The Local Government shall set an appropriate DBE goal consistent with the State's DBE guidelines and in consideration of the local market, project size, and nature of the goods or services to be acquired. The Local Government shall have final decision - making authority regarding the DBE goal and shall be responsible for documenting its actions. D. The Local Government shall follow all other parts of the State's DBE program referenced in TxDOT Form 2395, Memorandum of Understanding Regarding the Adoption of the Texas Department of Transportation's Federally- Approved Disadvantaged Business Enterprise by Entity, and attachments found at web address http:Hftp. dot. state.tx.us /pub /txdot- info /bop /dbe /mou /mou attachments.odf. E. The Local Government shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any U.S. Department of Transportation (DOT) - assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Local Government shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non - discrimination in award and administration of DOT - assisted contracts. The State's DBE program, as required by 49 CFR Part 26 and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the Local Government of its failure to carry out its approved program, the State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). F. Each contract the Local Government signs with a contractor (and each subcontract the prime contractor signs with a sub - contractor) must include the following assurance: The contractor, sub - recipient, or sub - contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT - assisted contracts. Failure by the contractor to carry out these requirements is a material AFA- AFA_LongGen Page 8 of 11 Revised 07/28/2014 Vol. 208 Pg. _J2 7 Y CSJ # 0049 -09 -070 District # 17 -Bryan Code Chart 64 # 50021 Project: SH 6 WFR Intersection Improvement Federal Highway Administration CFDA # 20.205 Not Research and Development breach of this agreement, which may result in the termination of this agreement or such other remedy as the recipient deems appropriate. 25. Debarment Certifications The parties are prohibited from making any award at any tier to any party that is debarred or suspended or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549, "Debarment and Suspension." By executing this agreement, the Local Government certifies that it and its principals are not currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549 and further certifies that it will not do business with any party, to include principals, that is currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549. The parties to this contract shall require any party to a subcontract or purchase order awarded under this contract to certify its eligibility to receive federal funds and, when requested by the State, to furnish a copy of the certification. 26. Lobbying Certification In executing this agreement, each signatory certifies to the best of that signatory's knowledge and belief, that: A. No federal appropriated funds have been paid or will be paid by or on behalf of the parties to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. B. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with federal contracts, grants, loans, or cooperative agreements, the signatory for the Local Government shall complete and submit the Federal Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. C. The parties shall require that the language of this certification shall be included in the award documents for all sub - awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and all sub - recipients shall certify and disclose accordingly. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Title 31 U.S.C. §1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 27. Insurance If this agreement authorizes the Local Government or its contractor to perform any work on State right of way, before beginning work the entity performing the work shall provide the State with a fully executed copy of the State's Form 1560 Certificate of Insurance verifying the existence of coverage in the amounts and types specified on the Certificate of Insurance for all AFA- AFA_LongGen Page 9 of 11 Revised 07/2812014 Vol. 208 Pg. uo CSJ # 0049 -09 -070 District # 17 -Bryan Code Chart 64 # 50021 Project. SH 6 WFR Intersection Improvement Federal Highway Administration CFDA # 20.205 Not Research and Development persons and entities working on State right of way. This coverage shall be maintained until all work on the State right of way is complete. If coverage is not maintained, all work on State right of way shall cease immediately, and the State may recover damages and all costs of completing the work. 28. Federal Funding Accountability and Transparency Act Requirements A. Any recipient of funds under this agreement agrees to comply with the Federal Funding Accountability and Transparency Act (FFATA) and implementing regulations at 2 CFR Part 170, including Appendix A. This agreement is subject to the following award terms: http: / /www.gpo.gov /fdsys /pkq /FR- 2010- 09- 14 /pdf /2010- 22705.odf and B. The Local Government agrees that it shall: 1. Obtain and provide to the State a System for Award Management (SAM) number (Federal Acquisition Regulation, Part 4, Sub -part 4.11) if this award provides more than $25,000 in Federal funding. The SAM number may be obtained by visiting the SAM website whose address is: https : / /www,sam.ciov /portal /public /SAM/ 2. Obtain and provide to the State a Data Universal Numbering System (DUNS) number, a unique nine - character number that allows Federal government to track the distribution of federal money. The DUNS may be requested free of charge for all businesses and entities required to do so by visiting the Dun & Bradstreet (D &B) on -line registration website http:llfedgov.dnb.com /webform; and 3. Report the total compensation and names of its top five (5) executives to the State if: I. More than 80% of annual gross revenues are from the Federal government, and those revenues are greater than $25,000,000; and ii. The compensation information is not already available through reporting to the U.S. Securities and Exchange Commission. 29. Single Audit Report A. The parties shall comply with the requirements of the Single Audit Act of 1984, P.L. 98 -502, ensuring that the single audit report includes the coverage stipulated in OMB Circular A- 133. B. If threshold expenditures of $750,000 or more are met during the Local Government's fiscal year, the Local Government must submit a Single Audit Report and Management Letter (if applicable) to TxDOT's Audit Office, 125 E. 11 th Street, Austin, TX 78701 or contact TxDOT's Audit Office at http: / /www.txdot.gov/ inside -txdot /office /audit/contact.htm1. C. If expenditures are less than 755 0,000 during the Local Government's fiscal year, the Local Government must submit a statement to TxDOT's Audit Office as follows: "We did not meet the $750,000 expenditure threshold and therefore, are not required to have a single audit performed for FY D. For each year the project remains open for federal funding expenditures, the Local Government will be responsible for filing a report or statement as described above. The required annual filing shall extend throughout the life of the agreement, unless otherwise amended or the project has been formally closed out and no charges have been incurred within the current fiscal year AFA- AFA_LongGen Page 10 of 11 Revised 07/28/2014 Vol. 208 Pg. ZYY CSJ # 0049 -09 -070 District # 17 -Bryan Code Chart 64 # 50021 Project: SH 6 WFR Intersection Improvement Federal Highway Administration CFDA # 20.205 Not Research and Development 30. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of the entity represented. THIS AGREEMENT IS EXECUTED by the State and the Local Government in duplicate. TH LOC L G VERNMj9NT Signature �lGne �P� r5 Typed or Printed Name C 01 LH I Title Date THE STATE OF TEXAS Janice Mullenix Director of Contract Services Texas Department of Transportation Date AFA- AFA_LongGen Page 11 of 11 Revised 07/28/2014 Vol. 208 Pg. Z 5'. CSJ # 0049 -09 -070 District# 17 -Bryan Code Chart 64 # 50021 Project: SH 6 WFR Intersection Improvement Federal Highway Administration CFDA# 20.205 Not Research and Development ATTACHMENT RESOLUTION OR ORDINANCE AFA- AFA_LongGen Page 1 of 1 Vol. 2 08 Pg. Attachment A CSJ # 0049 -09 -070 District # 17 -Bryan Code Chart 64 # 50021 Project: SH 6 WFR Intersection Improvement Federal Highway Administration CFDA # 20.205 Not Research and Development ATTACHMENT B Location Map Showing Project V NJ PROJECT 0 ON f 4�, Y AFA- AFA_LongGen Page 1 of 1 Attachment B Vol. 208 Pg. 2 / r' x s z Yin � v^ AP - t m - HLL- -,.-:. lake Bryon Le. ^4 - suwr DeT!Y or :; ra a. �,.��., 1�. ✓• meaeu`iaot�:000ye- AFA- AFA_LongGen Page 1 of 1 Attachment B Vol. 208 Pg. 2 / CSJ # 0049 -09 -070 District # 17 -Bryan Code Chart 64 # 50021 Project: SH 6 WFR Intersection Imorovement Federal Highway Administration CFDA # 20.205 Not Research and Development ATTACHMENT C PROJECT BUDGET The Local Government will be responsible for 100% of the project costs, including any overruns. Initial payment by the Local Government to the State: $0.00 Payment by the Local Government to the State before construction: $0.00 Estimated total payment by the Local Government to the State: $0.00 This is an estimate. The final amount of Local Government participation will be based on actual costs. AFA- AFA_LongGer Page 1 of 1 Attachment C Vol. 208 Pg. �� Federal State Local Description Cost Participation Participation Participation 0.000/0 Cast O.DO °% Cost 100.00% cost Engineering 0.000/ $0.00 0.0(% $0.00 100.000/0 $16,000. (by LG) $16,000.00 Environmental 0.00°6 $0.00 0.00°/ $0.00 100.00/ $1,000. b LG) $1000 Construction 0.00% $0.00 0.00°/ $0.00 100.00°/ $92,2KOO (by LG) $92,200.00 Utilities 0.00°/ $0.00 0.00% $0.00 100.00°/ $1,000.00 (by LG ) $1,000.00 Subtotal $110200.00 $0.00 $000 $110,200.00 Federal State Local Description Cost Participation Participation Participation 0.00% Cost 100.00/ Cast 0.00°/ Cost Engineering 0'�/ $0.00 100.00 $2,200.00 0.00°6 $0.00 (DirectStateCosts $2,200.00 Environmental 0.00% $0.00 100.00' /° $1,100.00 O.OD °� $0.00 (Direct State Costs $1,100.00 Construction 0.00% $0.00 100.00°/ $1,100.00 0.00 ° / $0.00 (Direct State Costs) $1,100.00 Utilities 0.00 0/6 $0.00 100.00% $500.00 0.00 % $0.00 (Direct State Costs ) $500.00 Indirect State Costs $5,500.00 0.00% $0.00 100.00% $5,500.00 0.00% $0.00 Total $120,60000 $000 $1040000 $110,200.00 Initial payment by the Local Government to the State: $0.00 Payment by the Local Government to the State before construction: $0.00 Estimated total payment by the Local Government to the State: $0.00 This is an estimate. The final amount of Local Government participation will be based on actual costs. AFA- AFA_LongGer Page 1 of 1 Attachment C Vol. 208 Pg. �� BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT: Road & Bridge MEETING DATE: September 16, 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 Opersteny Lane. This project will provide water service to customer at address #10899. Site is located in Precinct 2. SUBMITTED BY: /Aw ��� J4/V. Salvato Right of Way Agent APPROVED BY: Commissioner Precinct 2 This request is I[I APPROVED J DENIED 11 by Commissioners' Court Duane Peters, County judge DATE: 9 AW I'! Vol. 208 Pg. 12y� A 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 WICKSON CREEK SPECIAL UTILITY DISTRICT (company name], hereinafter referred to as "Company" a TEXAS UTILITY [state] Corporation, with authority to transact business in Texas, acting by and through its duly authorized representative, and hereby petitions the County Engineer for the right to lay, construct, maintain, repair and /or operate a gas facility under, over, across and /or along certain County Roads as shown on drawings and diagrams attached hereto and said location described as follows: Facility to Cross Road Road Name & Block Number Length of Crossin TYPE OF CONSTRUCTION (CHECK ONE) Bored Jacked Driven Cased X X Facilitv to Parallel County Road Within Rieht -OfWav Road Name and Block Number From To I De th Distance CONSTRUCTION TYPE 1 ". 0111meter Wail Thickness 1 1/2" PVC 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 I working days. (COMPANY MUST FILL M. 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 thejob 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 perm it shall not operate to create or vest any property right in said holder. It is understood and agreed that the rights and privileges herein set out are granted only to the extent of the County's right, title and interest in the land to be entered upon and used by the holder and the holder will at all times assume risk of and indemnify, defend and save harmless Brazos County from and against any and all loss, damages, cost or Vol. 208 Piz. U17 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 jails to obtain a permit prior to the installation or does not install utilities in compliance with installation requirements set forth herein (Le. depth, location, etc), Company assumes all financial responsibility for damages and/or destruction of lines, cables, etc. based upon its failure to comply with Brazos County requirements. Applicant agrees that if Brazos County demonstrates a violation of the terms of this policy, Applicant stipulates that requisitesfor 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 faits to comply with any or all of the requirements as set forth herein, the County may take such action as it deenhs appropriate to compel compliance. The County Engineer further retains the right to revoke this Permit by verbal notification to the ApplicanUCompany. 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, 1 certify that I am authorized to represent the Company listed below, and that the Company agrees to the conditions/provisions included in this permit. Wrf KcON CRFFK SPFf`TDr rtmr r rmv nrSTRICT Company Name — By: Signature GENERAL MANAGER Title 8770 HWY 21 E Address BRYAN,TX. 77808 City State Zip (979)589 -3030 Phone Number watston @wicksoncreek.com Email Vol. 208 Pg. Uf 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 O°l-09- AQ /y except as noted below: (Month/Day/Year) EXCEPTIONS: Avnic W Mwz - Title Vol. 208 Pg. y Vol. 208 Pg. c;?- ?0 ri 0 cc d x �wc+ 0 0 0 x 0 9 I 9 sr 0 a 0 0 cr 0 t 0 b U b w ''r I Q x rc d � f S8 02 il Vol. 208 Pa. 2-9/ J LU Qt J n � /�\ � � � % / �2/ § �`» � /� «'.r . � _ ,� � } . \ :� � , 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 (`BMP ") (EPA and TCEQ both provide lists of examples of BNfPs) to minimize erosion and sedimentation resulting from the proposed installation. 3. The penmittee 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, pennittee 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 nfiether such project will be allowed or if an alternative exists so as not to inconvenience the public. B. Safety Requirements L Proper traffic control measures must be put in place prior to beginning work and remain in place daring the duration of the job. All traffic control measures must follow the Texas Manual of Uniform Traffic Control Devices ( TMUTCD). See Traffic Control Requirements below. 2. During construction, all safety regulations of the Texas Department of Transportation shall be observed. 3. Permittee must take such precautions and measures, including placing and displaying safety devices, as may be necessary, in order to safely conduct the public through the project area. Company shall provide flagmen, signs, signals or devices necessary to provide complete safety, to the public. 4. Adequate provisions must be made to cause minimum inconveniences to traffic and adjacent property owners. 5. No cable, conduit and /or pole line shall be laid, constructed, maintained and/or repaired so as to constitute a danger or hazard of any kind to persons or vehicles using such road. Any poles placed in the Right of Way for future installation shall be placed at the back of the Right of Way. Exceptions may be approved by the County Engineer. C. Traffic Control Plan A traffic control plan, pursuant to the TMUTCD or Engineered Traffic Control Plan must be provided forthe following: a. any construction (i.e. pit, excavation, hole) left open overnight, requires sl2ccific nighttime traffic control measures pursuant to the TMUTCD; b. if construction is within ten (10) feet of the roadway; or c. any work performed in the road right-of-way; Vol. 208 Pg. 9 9✓5 2. Plan must be attached to the permit and kept at thejob site any time work is being performed. 3. Plan must set forth the time of completion for the job. D. Design Standards 1. All overhead installations shall conform to clearance standards of the Texas Department of Transportation and the pole be placed in the designated area for power specified as set forth in the Texas Utilities Code, Section 181.045. 2. All pole installation (including lighting) shall be placed at the backside of the flight of R'ay 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: Ali 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 sway shall be installed within designated locations based upon the type of utility. The locations shall be as follows: (measured from back of right -of -way). Power — 0 -2 feet, nominally I' Phone — 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. The length of any trench to be opened in advance of the pipe, conduit or ducts may not be longer than 400' if left open over night or unattended. 8. Crossings under a county road shall: a. be bored orjacked. ABSOLUTELY NO OPEN CUTS WITHIN COUNTY ROAD PAVEMENT: b. be pressure grouted for the full length of the crossing if the annular space beriween 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. -.9-LV 9. Bore Pits a. no pits shall remain open longer than 2 days; b. all pits shall have proper traffic control measures in place. See Traffic Control Plan listed above. c. pits shall NOT be located within ten (10) feet from the edge of pavement without prior approval from the County Engineer or his representative; d, when pits are to remain open for more than 8 hours, due diligence will be used in protecting the spoil pile to prevent drainage problems; e. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity; f. based upon soil conditions, the County Engineer or his representative may require pits be placed further from the edge of road. 10. Any installation within ten (10) feet of edge of pavement shall meet the following: a, location must be approved by the County Engineer or his representative b, backfilled with cement stabilized material. c. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity. d. all excess water and mud shall be removed from the trench prior to backfilling. Any backfill placed during a rainy period or at other times where excess water cannot be prevented from entering the trench will be considered TEMPORARY and shall be replaced with PERMANENT cement stabilized material as soon as weather permits; e. all disturbed base and pavement materials shall be removed and restored to the satisfaction of the County Engineer or his representatives. f. no side or lateral tamping to fill voids under the base and pavement materials is allowed. 11. Company must be careful to not jeopardize the slope or integrity of the shoulder of the road. In the event Company damages the slope, shoulder or any other portion of the right -of -way, Company will be responsible for repairing the damage and replacing the right -of -way to the condition it was prior to commencing construction. 12. Operation of construction and/or maintenance equipment on the traveled surface of any improved County road will not be permitted, except in an instance whereby the laying, construction, maintenance and/or repair of cables, conduits and/or pole lines cannot be accomplished by any other method and in this event all such equipment shall be of the rubber tire variety. Appropriate traffic control shall be provided meeting 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 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. �� F. Repairs to existing facilities Maintenance and/or repair to existing cables, conduits, and/or pole lines which require disturbance of the soil, shall not be performed until plans describing such maintenance and/or repair have been approved by the County Engineer or its designated representative and a permit has been obtained. G. Relocation of utilities When and if the County Engineer determines that it is necessary for the construction, repair, improvement, alteration or relocation of all or any portion of said road, any or all poles, wires, pipes, cables or other facilities and appurtenances authorized hereunder, shall be removed from said road, or reset or relocated thereon, as required by the County Engineer within a reasonable time as determined by the County Engineer and Utility Company, and at the expense of the Utility Company. H. High Pressure Pipelines 1. All utility Permits for high pressure pipelines (generally 60 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 infonnation is to be supplied for both the carrier pipe and the casing. 3. Assurance must also be given that the installation material and design meet the minimum Federal Safety Standards for Liquid and Gas Pipe Lines. Assurance must be provided on company letterhead and signed by an authorized representative of the company. 4. Petroleum Pipelines: Depth Type of Pipeline (below deepest ditch grade) Special Requirements Encased Pipe Less than 10' Encased Pipe Greater than 10' Non -Cased Pipe Less than 10' Non -Cased Pipe Greater than 10' Must be covered with concrete pad at least 36" deep No concrete pad required Must be covered with concrete pad at least 48" deep 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. , � ��5 ai; " -., -:• � g� }}BFI a %° '% ��� � ni! e s6'skro r •1 - E Pi_R.SSe§K$iR �- � �� � ;F�a E'�Q��'yfi-1 �F@�' FS S�4€ 5 iF ij� "= a�'������� -� {d�a` ¢ �i8�j� ! a r. $�s d c €•= fii�6 bd �F`_6� ��e6 pj. RxsnR� - . n'1, .FM•N -MIY - — .•pie. I.•. es s. . 0 aosc V F oow ~ 6 0 �� QO o: .s:wt • I �L� • i.p:Wi a Ea - —w — — — — •- — 1• — — � /T/ w a _ - VNgJe1a E�BS'y� / / �oinws : f F ws ♦ ., !y. t1 ♦ .Y1. 6 • • e Y 7 a - • i-• �.v�ro,s wa„as .♦was 7 I wni..ws a a Ea weY p w a _ - VNgJe1a ¢ .♦was 7 I wni..ws a a Ea - 1ML-.. e :VOL � a.,.....w.. ..-•..- ...,.•.�..w...�w....i......a.o ...wnN....r .i o :a.•:..f.... .m .v: �nn:ros:a Vol. 208 Pg. J qy O �g V Z K 7 O —p H W S Y o: 0 J V ^Q N g O O W C U U w � U Y cc O 3 W O =J N 0 W° Zs <m d 0 Y Ea - 1ML-.. e :VOL � a.,.....w.. ..-•..- ...,.•.�..w...�w....i......a.o ...wnN....r .i o :a.•:..f.... .m .v: �nn:ros:a Vol. 208 Pg. J qy O �g V Z K 7 O —p H W S Y o: 0 J V ^Q N g O O W C U U w � U Y cc O 3 W O =J N 0 W° Zs <m d 0 Y 31 BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT: Road & Bridge MEETING DATE: September 16, 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 West 281b Street. Project will provide water to oil well. Site is located in Precinct 4. SUBMITTED BY: Jo . Salvato Right of Way Agent .APPROVED BY: Commissioner Precinct This request is MAPPROVED / DENIED ❑ by Commissioners' Court Duane Peters, County Judge DATE: Vol. 2 08 Pg.' APPLICATION FOR WATER UTILITY PERMIT DESIGNATING PLACEMENT OF UTILITY IN COUNTY RIGHT OF WAY TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS Pursuant to the Texas Utility Code, Section 181.024, comes now Halcon Resources [company name], hereinafter referred to as "Company" a Texas [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 West 28' Street N 30.657547 730 On Surface 0.23 miles 1,250' West 28' Street 60' W 96.426074 (SH 21) East for 1.250' Facility to Parallel County Road Within Rieht-Of Way Road Name and Block Number From To Depth Distance West 28' Street N 30.657547 730 On Surface 0.23 miles 1,250' W 96.425930 W 96.426074 (SH 21) East for 1.250' 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 IN). 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 thejob 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. 208Pg. ;7-Y9 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 (i.e. depth, location, etc), Company assumes all financial responsibility jar damages and/or destruction of lines, cables, etc. based upon its failure to comply with Brazos County requirements. Applicant agrees that if Brazos County demonstrates a violation of the terms of this policy, Applicant stipulates that requisites for injunctive relief exist and that Brazos County is entitled to relief enjoining any conduct by applicant which is contrary to the policies. This permit is a revocable permit. Brazos County reserves the right to revoke this permit at any time, in the sole discretion of Brazos County, for interests of public health, safety or welfare, or for failure to repair any damages upon demand, or for any other reason deemed sufficient by Brazos County. In the event Company fails to comply with any or all of the requirements as set forth herein, the County may take such action as it deems appropriate to compel compliance. The County Engineer further retains the right to revoke this Permit by verbal notification to the Applicant/Company. Failure to obtain this permit and/or notify the County Engineer's Office within 24 hours of beginning construction shall constitute grounds for job shutdown. By signing below, I certify that I 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 _ nr, ry ` Si ure Water resources Title 2700 Earl Rudder Frwy, 41800 Address College Station Texas 77845 City State Zip 817- 734 -4433 Telephone Number Jmclain l Q,Iive Qom Email: Vol. 208 Pg. -2-00 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 01— Oi' /'( except as noted below: (Month/DayNear) EXCEPTIONS: Tip BE vsso onI GuLr�,GJ1 CZO 7#RW L(/ // wR'7iR D'oXES 9 FP, Brazos County Engineer rx Sig re A&47 Title Vol. 208 Pg. 3 61 f i Y �D BRAZOS COUNTY ROADWAY SAFETY AND ROAD PRESERVATION STANDARDS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF NVAY A. General Requirements I. 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 pemtittee shall take precautions to avoid damage to property. All County Right of Way and property shall be restored to its original condition, as far as practical, in the opinion of the County Engineer or appointed representative. 4. The construction and maintenance of such utility shall not interfere with the property or rights of a prior occupant. 5. Permittee shall not interfere with other utilities located in the right of way. In the event damages occur, permittee will be liable to the County or other utilities running through the right of way. 6. County Engineer shall determine whether or not permittee's plans shall inconvenience the public. If it is determined that inconvenience to the public exists, then the County Engineer will decide whether such project will be allowed or if an alternative exists so as not to inconvenience the public. B. Safety Requirements 1. Proper traffic control measures must be put in place prior to beginning work and remain in place during the duration of the job. All traffic control measures must follow the Texas Manual of Uniform Traffic Control Devices ( TMUTCD). See Traffic Control Requirements below. 2. During construction, all safety regulations of the Texas Department of Transportation shall be observed. 3. Permittee must take such precautions and measures, including placing and displaying safety devices, as may be necessary, in order to safely conduct the public through the project area. Company shall provide flagmen, signs, signals or devices necessary to provide complete safety to the public. 4. Adequate provisions must be made to cause minimum inconveniences to traffic and adjacent property owners. 5. No cable, conduit and/or pole line shall be laid, constructed, maintained and/or repaired so as to constitute a danger or hazard of any kind to persons or vehicles using such road. Any poles placed in the Right of Way for future installation shall be placed at the back of the Right of Way. Exceptions may be approved by the County Engineer. C. Traffic Control Plan 1. A traffic control plan, pursuant to the TMUTCD or Engineered Traffic Control Plan must be provided for the following: a. any construction (i.e. pit, excavation, hole) left open overnight, requires specific nighttime traffic control measures pursuant to the TMUTCD; b. if construction is within ten (10) feet of the roadway; or c. any work performed in the road right -of -way; Vol. 208 Pg. .3 ('J 2. Plan must be attached to the permit and kept at the job site anytime work is being performed. 3. Plan must set forth the time of completion for the job. D. Design Standards 1. All overhead installations shall conform to clearance standards of the Texas Department of Transportation and the pole be placed in the designated area for power specified as set forth in the Texas Utilities Code, Section 181.045. 2. All pole installation (including lighting) shall be placed at the backside of the Right of Way to ensure safety to the public. Any pole placed in violation of this requirement will be required to be moved to the appropriate location at the company's expense. Exceptions may be approved by the County Engineer. 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 designated locations based upon the t; 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' 60 feet or greater of right of way shall be installed within pe of utility. The locations shall be as follows: (measured 6. Utilities with less than 60 feet right -of -way in all new developments shall install the utility in a similar manner as referenced in No. 3 above, however, the County Engineer or its designated representative will provide final approval of each utility location. 7. The length of any trench to be opened in advance of the pipe, conduit or ducts may not be longer than 400' if left open over night or unattended. 8. Crossings under a county road shall: a, be bored or jacked. ABSOLUTELY NO OPEN CUTS WITHIN COUNTY ROAD PAVEMENT; b. be pressure grouted for the full length of the crossing if the annular space between pipe and casing and soil exceeds one (1) inch. Brazos County must be given 24 hours notice of pressure grouting operations and have the opportunity to have an inspector on site to observe pressure grouting operations; c. TxDOT Standard Specification Item 476 shall be followed for all boring, jacking, tunneling andjoints. Vol. 208 Pg. -1-0—V 9. Bore Pits a. no pits shall remain open longer than 2 days; b. all pits shall have proper traffic control measures in place. See Traffic Control Plan listed above. c. pits shall NOT be located within ten (10) feet from the edge of pavement without prior approval from the County Engineer or his representative; d. when pits are to remain open for more than 8 hours, due diligence will be used in protecting the spoil pile to prevent drainage problems; e. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity; f. based upon soil conditions, the County Engineer or his representative may require pits be placed further from the edge of road. 10. Any installation within ten (10) feet of edge of pavement shall meet the following: a. location must be approved by the County Engineer or his representative b. backfilled with cement stabilized material. c. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity. d, all excess water and mud shall be removed from the trench prior to backfilling. Any backfill placed during a rainy period or at other times where excess water cannot be prevented from entering the trench will be considered TEMPORARY and shall be replaced with PERMANENT cement stabilized material as soon as weather permits; e. all disturbed base and pavement materials shall be removed and restored to the satisfaction of the County Engineer or his representatives. f. no side or lateral tamping to fill voids under the base and pavement materials is allowed. 11. Company must be careful to not jeopardize the slope or integrity of the shoulder of the road. In the event Company damages the slope, shoulder or any other portion of the right -of -way, Company will be responsible for repairing the damage and replacing the right -of -way to the condition it was prior to commencing construction. 12. Operation of construction and/or maintenance equipment on the traveled surface of any improved County road will not be permitted, except in an instance whereby the laying, construction, maintenance and/or repair of cables, conduits and/or pole lines cannot be accomplished by any other method and in this event all such equipment shall be of the rubber tire variety. Appropriate traffic control shall be provided meeting TMUTCD requirements. 13. In the event said construction and/or maintenance and/or repair requires Company to remove, cut or jeopardize any section of the road (asphalt, cement, road base, etc.), Company will be required to provide a performance bond or letter of credit securing necessary repairs. Said bond amount will be determined by the County Engineer. 14. The applicant shall submit a letter of "No Objection" from the Army Corps of Engineers for all designated wetlands and environmentally sensitive lands. E. Emergency work I. In the event Company is required to perform emergency services, that requires excavation in a County Right of Way, and unable to notify the County Engineer prior to conducting emergency repairs, Company shall notify County Engineer within 24 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. 3 �� F. Repairs to existing facilities Maintenance and/or repair to existing cables, conduits, and/or pole lines which require disturbance of the soil, shall not be performed until plans describing such maintenance and/or repair have been approved by the County Engineer or its designated representative and a permit has been obtained. G. Relocation of tdiliNes When and if the County Engineer determines that it is necessary for the construction, repair, improvement. alteration or relocation of all or any portion of said road, any or all poles, wires. pipes, cables or other facilities and appurtenances authorized hereunder, shall be removed from said road, or reset or relocated thereon, as required by the County Engineer within a reasonable time as determined by the County Engineer and Utility Company, and at the expense of the Utility Company. H. High Pressure Pipelines 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 following additional information in the description of the permit. - diameter -wall thickness - material specification - minimum yield strength - maximum operation pressure of the pipeline 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 10' Encased Pipe Greater than 10' Non -Cased Pipe Lessthan 10' Non -Cased Pipe Greater than 10' Must be covered with concrete pad at least 36" deep No concrete pad required Must be covered with concrete pad at least 48" deep 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. 208 Pe. 3 6 6 3$$8888 �gse ie r a'6 _� 5B �E ''s88 =RXi8 ° W3'!♦ ��� °i Fpi ;).pp �c� Fg�9� �?�pp� it 18:888GRfi $E ��$ {'6�� �R��e•gi�b d6a8 �� ^_ '.F i.4M SAS �:-�p�1 ��` w �.[75+ • �68pp F��� ip1 S i g$E 2 6£NUTis66 a- 1 a sus ��ii ii �18A bs s 9CS ^SSSX � r} .a J J J s J . � of +./ I 5 N 0 ''dd LLOOy a F- xinos �c .a nxs.san ary -yar ry:y.y 6.IMYlKT.0 01..J. Fi D.w.u! .1 F F• 1 W'. ..n .Q Vol. 208 Pg..; C % K W O J Oa H iS U Z K p7, 0- H U } S W � U Y lr W O N J G N o N _o w� a � q6 > N u s w 0 o � a o i w F a-C C N U Y I COMMISSIONER COURT MINUTES OF SEPTEMBER 16, 2014 ARE CONTINUED IN VOLUME 209 PAGE 1 Vol. 208 Pg. 3 ,�; ,S' COMMISSIONER COURT MINUTES OF SEPTEMBER 16, 2014 ARE CONTINUED FROM VOLUME 208 Vol. 209 Pg. I BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT: Road & Bridge MEETING DATE: September 16, 2014 SUBJECT: Utility Permit — City of Bryan Consider and take action on the City of Bryan utility permit to construct road bore (11 total) under Jones Road. This project will provide water service to customers in the area. Site is located in Precinct 4. SUBMITTED BY: J V. Salvato ght of Way Agent APPROVED BY: Wa ?�J �K—,) Irma Cauley Commissioner Precinct 4 This request is t ftAPPROVED / DENIED 11 by Commissioners' Court Duane Peters, County Judge DATE: Tluu Vol. 209 Pg. 11 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 18 1.024, comes now City of Bryan [company name], hereinafter referred to as "Company" a Texas [stare] Corporation, with authority to transact business in Texas, acting by and through its duly authorized representative, and hereby petitions the County Engineer for the right to lay, construct, maintain, repair and/or operate a gas facility under, over, across and /or along certain County Roads as shown on drawings and diagrams attached hereto and said location described as follows: Facility to Cross Road Road Name & Block Number Length of Crossin TYPE OF CONSTRUCTION CHECK ONE) Bored Jacked Driven Cased Jones Road 100' X X 11 'total Crossings) Facility to Parallel County Road Within Right -Of -Way Road Namc and Block Number From To Depth Distance I CONSTRUCTION TYPE Varies Diameter Varies Wall Thickness Material Specincation Varies (see drawings) Maximum Operation Pressure 100 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 60 working days. (COMPANY MUST FILL IN). if such construction is not begun by the 60'" day, Company will be required to apply fora 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 o1' facilities upon public property pursuant to this permit shall not operate to create or vest any property right in said holder. It is understood and agreed that the rights and privileges herein set out are granted only to the extent of the County's right, title and interest in the land to be entered upon and used by the holder and the holder will at all times assume risk of and indemnify, defend and save harmless Brazos County from and against any and all loss, damages, cost or Vol. 209 Pg. J cxpcosc arising in any manner on account of the exercise or attempted exercise by said holder of the aforesaid rights and privileges. Any deviation Item these specifications manst be approved by Brazos Coualy Eagincer's Office or its designated representative. Approval of Cotatty Engineer's Office may take as loug as two weeks alter complete application is received. Applicant agrees to comply with all rules of the County Cmnvuissioneis and the County Engunecr in emtsimetion of said Installation attached hereto as BRAZOS COUNTY DESIGN S'T'ANDARDS AND SAFETY PRECAUTION REQUIREMENTS FOR WORi< CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY and incorporated herein for reference. In life eveal Cuurpnrry fails to ohatho a pern illorior In the hnstalhl/un ar does not install adlides in compliance with installation regaireatents sel f ldh herein (i.e. depth, location, etc), compaey assumes all fiamncial responsiblhly for ifuntages and/or dent action oJ•line's, cables, etc. based alon its failure to c'amply w'idi lrrazas County requirements, Ajol icalrl agrees flan if Jfrazas Calmly demmnstrales a v/olrnlan of the terms of /hla pollcy, Apllic•ron .slipndnles that requisile8 fm• htjnnclNe relief exist and that Brazos County is entitled to relief enjoining any canduct by appheant which & co nbrny h) the policies. This permit is n rerrrcnhle pennil. Brazos Calmly reserves the right In revuhe this petwtif at ally lime, in file sale d1wretion of Brazos County, fn huerews of public heallh, safely ur welfare, w• fur fidlur•e to repair ally daurages npun demand, or far ally wirer reason deemed snfficient by Brazos County lit file event Canlnoq• falis no comply with any or ofYlre regndremenzs as .set fart/n herein, the County may, take such ncllon ns it rleenas ryrprapriatr to rnugrel cannpBancc. The Conuly Engineer further relains fire right m revoke this Perron by verbal nalification tar file.IppUr:md /Congmnr. ra/lure hr aloha this permit nod /or notify tine Carmly Engineers Office wirhln 24 hours nf'begiarring construction slrrnll cnxs•tinue grounds fn' jai .xhnldnnvr. By signing below, I certify that i am authorized to represent the Connpany listed below, and that the Company agrees to the cotdifions /provisions included in this permit. Company Name Lt�•y �� %if�lssn Dy: iTV a k. S Signature `J� � r ,/ �✓ Title I .A% t zin in .nSS? ✓f� y or Address /j// Et�seeo SP. City 1Qj State Zip ( re.n Ty 77t�cj.. Phone NuAber ,079,), 7'7-7- 0j,/-8 Email: 1(Rj c(cojs & �ry ors �'Y • J° Vol. 209 Pg. 21 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 o 4' /r— t�/ y except as noted below: EXCEPTIONS: Alma, r"M (Month /Day /Year) PA47Y1WC1 Brazos County Engineer re ?y- A&&r Title Vol. 209 Pg. 5 m c 0 JJ d •C J CI V N H 0 Q 0 ax 7 a O C 6 u o Jo, u uo u o ry O a � a I T N Vol. 209 Pg. 4 A N a r// MZ. r L E Ja N N V y P 0 C ad+ a N roro ? N C= IL T IL H J N c ° S a a v E.� v a u Z a l l 3i ® I r L /$� N�AfER+MA Id D lAR.f. otd NyEO Co Irve SeCVK!' FFNeE rrAR f --Af ml i. Ma ti: /Av4 -6N; n y z m m� P C' e n � h a CO w& nG /'AdEAtEN1 ENU fAilNj rEN� E 4 �y�1 LV'A (61L MAIA (. Wom.b",U) GNO @ICD('"iv zwer. sewicG I-{NC+ StR�I ✓� CodJEct��r! L MkTBQ' H <'%, Vol. 209 Pg. I1. � A 2 10 .y . .o BRAZOS COUNTY ROADWAY SAFETY AND ROAD PRESERVATION STANDARDS FOR YORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY A. General Regairentents I. Adequate drainage shall be maintained in ditches at all times. 2. Permittee will use best management practices (" BMP ") (EPA and TCEQ both provide lists of examples of BMPs) to minimize erosion and sedimentation resulting from the proposed installation. 3. The permittee shall take precautions to avoid damage to property. All County Right of Way and property shall be restored to its original condition, as far as practical, in the opinion of the County Engineer or appointed representative. 4. The construction and maintenance of such utility shall not interfere with the property or rights of a prior occupant. i. Pennittee 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 Miether 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 ( MUTCD). Sec Traffic Control Requirements below. 2. During construction, all safety regulations of the Texas Department of Transportation shall be observed. 3. Pennittee 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 Way for future installation shall be placed at the back of the Right of Way. Exceptions may be approved by the County Engineer. C. Trajflfc 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 nighttime traffic control measures pursuant to the TMUTCD; b. ifconstruction is within ten (10) feet of the roadway; or c. any work performed in the road right -of -way; Vol. 209 Pg. Y 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 I. 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; e. 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 designated locations based upon the t; from back of right -of -way). Power -0 -2 feet, nominally I' Phone — 2 -4 feet, nominally 3' Gas - 4 -6 feet, nominally 5' Cable— 6 -8 feet, nominally 7' 60 feet or greater of right of way shall be installed within pe of utility. The locations shall be as follows: (measured 6. Utilities with less than 60 feet right -of -way in all new developments shall install the utility in a similar manner as referenced in No. 3 above, however, the County Engineer or its designated representative will provide final approval of each utility location. 7. The length of any trench to be opened in advance of the pipe, conduit or ducts may not be longer than 400' if left open over night or unattended. 8. Crossings under 'a county road shall: a. be bored or jacked. ABSOLUTELY NO OPEN CUTS WITHfN COUNTY ROAD PAVEMENT; b. be pressure grouted for the full length of the crossing lj 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. 209 Pe. F 9. Bore Pits a. no pits shall remain open longer than 2 days; b. all pits shall have proper traffic control measures in place. See Traffic Control Plan listed above. c. pits shall NOT be located within ten (10) feet from the edge of pavement without prior approval from the County Engineer or his representative; d. when pits are to remain open for more than 8 hours, due diligence will be used in protecting the spoil pile to prevent drainage problems; e. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity; f. based upon soil conditions, the County Engineer or his representative may require pits be placed further from the edge of road. 10. Any installation within ten (10) feet of edge of pavement shall meet the following: a. location must be approved by the County Engineer or his representative b, backfilled with cement stabilized material. c. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity. d. all excess water and mud shall be removed from the trench prior to backfilling. Any backfili 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 PER,�1ANENT 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 TA4UTCD 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 (ands. 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. 209 Pg. F. Repairs to existing facilities Maintenance and/or repair to existing cables, conduits, and/or pole lines which require disturbance of the soil, shall not be performed until plans describing such maintenance and /or repair have been approved by the County Engineer or its designated representative and a permit has been obtained. G. Relocation of utilities When and if the County Engineer determines that it is necessary for the construction, repair, improvement, alteration or relocation of all or any portion of said road, any or all poles, wires, pipes, cables or other facilities and appurtenances authorized hereunder, shall be removed from said road, or reset or relocated thereon, as required by the County Engineer within a reasonable time as determined by the County Engineer and Utility Company, and at the expense of the Utility Company. H. High Pressure Pipelines L 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 Tyne ofPipeline below deepest ditch rade S ecial Re uirements 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. 209 Pg. // 568;, --- ^R'R:(:Y p I�a♦ 9Lg d nn �Yp�Sg eE a .y s „;s s$$ is gtEy' �s 7 Bg E ?P2'6 fi 1ts 9 IN -� Pb�F x v1 ES F P a 'E88 °R5iIS2!`17 €o r §_” °$pd @ajg - • u blfl -688 Qk_�E1Y 6 -`6 g$�¢-E g96$ 15AA €C "- ebqg • s u -.� n 1 i ._.__— .— _— .—.— . —. —._. Acm •I .001 ,OCI 110 ^ I V I I IL. OC +il R 4 1 J.Gl nulls Ask! e fi a 0 e • 4 O N Q U F- W7. a.ca IY+ st /= F air^ \I \I m Iu:AL11:c:�M..� Ai u:eiei lY +s1 �y V • w •I�Aa�.a� AO 11 Vol. 209 Pg. xqx . y c W J O In S v N °o N W � U C S j w o�J O � _ 2 � G N _ O n O CC l N U Y O C W O J p 2 G N O K _ a o W � a � NCC� O U 3 DEPARTMENT: MEETING DATE: SUBJECT: 31 BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM Road & Bridge September 16, 2014 Utility Permit — City of Bryan Consider and take action on the City of Bryan utility permit to construct 8" water line within and along the right -of -way of Linda Lane. There will also be four (4) road bores include in this construction. This project will provide water service to customers in the area. Site is located in Precinct 4. SUBMITTED BY: Jov%r. Salvato Right of Way Agent APPROVED BY: Irma Cauley Commissioner Precinct This request is ft APPROVED / DENIED D by Commissioners' Court Duane Peters, County Judge DATE: Vol. 209 Pg. 13 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 City of Bryan [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 Linda Lane Leonard Road Northwest for 1120' 48" 1120" Linda Lane 60, X X 4 total crossings) Facility to Parallel Countv Road Within Right -Of -Way Road Name and Block Number From To Depth Distance Linda Lane Leonard Road Northwest for 1120' 48" 1120" CONSTRUCTION TYPE Varies Diameter Varies Wall Thickness Material Specification Varies (see drawings Maximum Operation Pressure 100 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 60 working days. (COMPANY MUST FILL M. If such construction is not begun by the 601h day, Company will he required to apply for a new permit. Company declares that prior to filing this application, it has ascertained the location of all existing utilities, both aerial and underground, and the filing of this application is prima facie evidence that the proposed installation will not conflict with any existing utility. A copy of this permit shall be kept at the job site any time work is being performed. It is expressly stipulated that this Permit is a license for permissive use only and that the placing of facilities upon public property pursuant to this permit shall not operate to create or vest any property right in said holder. It is understood and agreed that the rights and privileges herein set out are granted only to the extent of the County's right, title and interest in the land to be entered upon and used by the holder and the holder will at all times assume risk of and indemnify, defend and save harmless Brazos County from and against any and all loss, damages, cost or Vol. 209 Pg. / �-/ expense raising in any manner on account of the exercise or attempted exercise by said holder of Cite aforesaid rights and privileges. Any deviation from these specifications nmst be approved by Brazos County Engineer's Office m• its designated representative. Approval or County Engineer's Office may Inkc ns long as two weeks allcr complete application is received. Applicant agrees to comply with all rules of the Cuanty Covusnissioners and the County Engineer in C01131 CtiOn of said installation attached hereto as BRAZOS COUNTY DESIGN STANDARDS AND SAFETY PRECAUTION REQUIREMENTS FOR WORK CONDUCI'EU 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 axsnrnes all financial res'parsibilily for dnnmges• oncUar destruction of lines, cables, etc. based upon Its failure to coyly nvith Brazos County requirements. Applicant agrees that ij'Brozos County demonstrates it viol them of the forms of'Ihrs policy, Applicant .sdpulalev thin requishes for hillinclive relief exist and than Brazos Coady is entitled to relief enjoining nay cs+mhn•I by r11Pp8canl which Is contrary to lire policies. This peruth is a revocable permit. Brazos Corny reserves file right to revoke this perm/( at tiny lure, It Ibe sale discretion of Brazos County, for Interests of public health, safely o• welfare, o• for f ilure to repair may dannages upon demand, or for any other reason deemed sufficient by Brazos Count}. In the event Couyun+y fills ro comply will any or all of the requirements ax .set firth herein, the County nay take sack action as it deems appropriate to con+pol compliance. The Coanly Engineer fo•nher relai+rs• the ri& to revoke this Permit by verbal notification to lire ApplicaubCominmy. Pa Yore to obtain this perutir andlor notify the Comely Engineer's OfJlce within 24 It oars of beghadng construction shall construe groiouis for fob shatdoum. By signing below, I certify that I art authorized to represent the Company listed below, and that the Company agrees to the conditions /provisions included in this permit. Company Name �n F� of R[�) to By: I�7n N1�I;o�S $Igtlflnl -- rC T Title Address City State Zip i3ry�i� "� I')f1o3 Phone Nflirrber Emai1: knl j 0" {fry nn 4'><. Vol. 209 Pg. /.5 WATER UTILITY APPROVAL Brazos County offers no objection to the proposed location of the utility in the County right of way as shown by accompanying drawings and notice dated q-/1- le l q except as noted below: EXCEPTIONS: (Month/Day/Year) R, lt*y Brazos County Engineer J el.-� �fi6ture �db✓O &7 Title Vol. 209 Pg. /( d d �`tio d b 8 I ` x d s ` n lu / y Atli] e ' a E �g € { 4 � ,'p . i, roi E m E r Ca J. � `� j LL 3 c E I T I W W N Vol. 209 Pg. 17 s 55 o Frbil•a 1Y °i .,.fl j$•(. /•vl. \ .I Tryfn.t vGCr nt Arrn1 n>�a'[ <[yy+s1 r a• fiOGj •F fn vfin6 aEr+ +zn •:Z b li ' $ I / �A- S• , x ♦_... Vol. 209 pg. a17 FAn ° J,"M tA1 C llb2 J /•rw G'•j ow Ts� L9 64 < vG % GAf[ /a fE Y` AY FJ 1i }IAL•YlI/ 4•I .9 O !n /V i` o a lcra sA /14 t 8 �/' n✓ /: nMAi fvF /b4 CA ", f. P •Milwlll j 60 B]U. i H6fY10 I / G / / f N OAll irf/r a V, C' 44. elt 1 T unrA,P, al ! rfOS ✓f AW's A I /i r % f P 1 Vol. 209 pg. . ! � ■ ;. � p � }� I % % a ■ )I m ■� OAZ $ Ga \ /l ! � � ■ ! \ ! !�� !. Vol. 209 Pg. Vol. 209 Pa. te7 ♦ I ( lff <.o, JpTrN� DYNJ YY( J -7197 IaFF D"N df ) +p< Lwu N^ 51fla eMI Na W { YNS r.0 Ya[PML p(N[A \> IJ � ,v (bp(sn Li !e wAri fn.N tya 3 I A i 1hE G j It I I � I -e I iz ( t I "LV 1 JNrinut rLa)ra AS�ARENq P y . .,A, Ale Ii'Jl(tJ. iAYN4 ,.,IA TWIM. W M dCAA j 'N /A1 rlof fa bth (ulNAr -/e a ry tN)f /NL (i i fY- qua CuaJ(tr ' /.Jf) 1rffMw M`/l dEA. rrl ff fN0 /(" ff1'[t FANl. IN(TAf('"1111/ df NAl Af I AtaasAAer le .YArN /Ar." I A .n.lv sN,.Mt d °< •. MJ rfE J 6 � � L c 8'A.+•A.• G..7 a C + f" LAZY YYa Ja. �� y" M,A•r Co >� I y" bA IE (n(JF I .. .. 4 ` F i Vol. 209 Pa. te7 T m v c m $ II/ ,Q t Vol. 209 Pg. V\ \ \ \ Ln t� .c su 00 �{ E � E J i y C � 'gyp c 3f$, / / / ♦ �4 pp W O N / / ♦ t Vol. 209 Pg. V\ \ \ \ Ln t� .c su E � E J i y C � C M pp W eO/ Vol. 209 Pg. 04-00 $1(tatA co &':'6v' j - GJds t ' i STAR -;f /o ";�:�biL 6AttA+4 i I • 0 +0!9 FOa� Di SrRa£'EY.: PA+��wi Faf I I t I.. i j . of t,4 cENrda!,uN4 of f;r'rf.rl0 7' � I v I I I i ! • oI31' ! ��El'}66!oF� IAVEiMFN %, i I I I _ i 1A { � I L' I of yo /t" k'fu 8�a�✓': wnrEa c�.v6 LAYPwx ukrr °� I r I ; VERI!is^' ON".rL ,LAdl4 i I I I I I I I I I E. NO; Jo" I I 1L I I ' I 0,,k 6;9 REMo;Jg Ig[a. oG6 c ' 111 i 1%vdfAct jN�LEfsday � i ! � BI:,✓¢f T. 1'ic 'vtt� I � i � i Eixly7l t b" GJ Vol. 209 Pg. j 7 � m / � 2 fA � a 37 � .9 �1 �f!) `l k-14§ � ■�& �41* � . z ) � | | �`. �. ) Vol. 209Pg. �-J ■ � | k ���9�r ■�2G 9 a ! ) `�7!$!#� � {§!f� / § / } \ ƒ ° ■k . a. Vol. 209Pg. �-J 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 ("BM?") (EPA and TCEQ both provide lists of examples of BD'IPs) to minimize erosion and sedimentation resulting from the proposed installation. 3. The permittee shall take precautions to avoid damage to property. All County Right of Way and property shall be restored to its original condition, as far as practical, in the opinion of the County Engineer or appointed representative. 4. The construction and maintenance of such utility shall not interfere with the property or rights of a prior occupant. 5. Permittee shall not interfere with other utilities located in the right of way. In the event damages occur, permittee will be liable to the County or other utilities running through the right of way. 6. County Engineer shall determine whether or not permittee's plans shall inconvenience the public. If it is determined that inconvenience to the public exists, then the County Engineer will decide whether such project will be allowed or if an alternative exists so as not to inconvenience the public. A Suety Requirements I. Proper traffic control measures must be put in place prior to beginning work and remain in place during the duration of the job. All traffic control measures must follow the Texas Manual of Uniform Traffic Control Devices ( TMUTCD). See Traffic Control Requirements below. 2. During construction, all safety regulations of the Texas Department of Transportation shall be observed. 3. Permittee must take such precautions and measures, including placing and displaying safety devices, as may be necessary, in order to safely conduct the public through the project area. Company shall provide flagmen, signs, signals or devices necessary to provide complete safety to the public. 4. Adequate provisions must be made to cause minimum inconveniences to traffic and adjacent property owners. 5. No cable, conduit and /or pole line shall be laid. constructed, maintained and/or repaired so as to constitute a danger or hazard of any kind to persons or vehicles using such road. Any poles placed in the Right of Way for future installation shall be placed at the back of the Right of Way. Exceptions may be approved by the County Engineer. C Traffic Control Plan 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 esp chic nighttime traffic control measures pursuant to the TMUTCD; b. if construction is within ten (10) feet of the roadway; or c. any work performed in the road right -of -way; Vol. 2 09 Pg. ,Z 2. Plan must be attached to the permit and kept at thejob site any time work is being perfontted. 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 bt 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 front 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 I' Phone — 2 -4 feet, nominally 3' Gas — 4 -6 feet, nominally 5' Cable —6 -8 feet, nominally 7' 6. Utilities with less than 60 feet right -of -way in all new developments shall install the utility in a similar manner as referenced in No. 3 above, however, the County Engineer or its designated representative will provide final approval of each utility location. 7. The length of any trench to be opened in advance of the pipe, conduit or ducts may not be longer than 400' if left open over night or unattended. 8. Crossings under a county road shall: a. be bored 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 (l) 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. 209 Pg. - 6 9. Bore Pits a. no pits shall remain open longer than 2 days; b. all pits shall have proper traffic control measures in place. See Traffic Control Plan listed above, c. pits shall NOT be located within ten (10) feet from the edge of pavement without prior approval from the County Engineer or his representative; d. when pits are to remain open for more than 8 hours, due diligence will be used in protecting the spoil pile to prevent drainage problems; e. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity; f. based upon soil conditions, the County Engineer or his representative may require pits be placed further from the edge of road. 10. Any installation within ten (10) feet of edge of pavement shall meet the following: a. location must be approved by the County Engineer or his representative b, backfilled with cement stabilized material. c. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity. d. all excess water and mud shall be removed from the trench prior to backfitling. 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 PERIMANENT 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 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 %vas 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 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. 209 Pg. % F. Repairs to existing facilities Maintenance and/or repair to existing cables, conduits, and /or pole lines which require disturbance of the soil, shall not be performed until plans describing such maintenance and /or repair have been approved by the County Engineer or its designated representative and a 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, mires, pipes, cables orother facilities and appurtenances authorized hereunder, shall be removed from said road, or reset or relocated thereon, as required by the County Engineer within a reasonable time as determined by the County Engineer and Utility Company, and at the expense of the Utility Company. H. High Pressure Pipelines 1. All utility Permits for high pressure pipelines (generally 60 PSI or greater), whether pertaining to controlled access or non - controlled access installations, should contain the following additional information in the description of the permit. - diameter -wall thickness - material specification minimum yield strength - maximum operation pressure of the pipeline With the exception of the maximum operation pressure of the pipeline, this information is to be supplied for both the carrier pipe and the casing. Assurance must also be given that the installation material and design meet the minimum Federal Safety Standards for Liquid and Gas Pipe Lines. Assurance must be provided on company letterhead and signed by an authorized representative of the company. 4. Petroleum Pipelines: Depth Type of Pipeline (beloir deepest ditch rade) Special Requirements Encased Pipe Less than 10` Must be covered with concrete pad at least 36" deep Encased Pipe Greater than I0' 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 Y 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. 2 09 Pg. p a: ell r °"°.SRS 8�Pm8 E J "$BR LAeBFFPg ;iTRlat36 kK S aFI E R§ .5 a3t6 68a! Hit � LLii 3- gg ��sR���'c� &za a giFi$.P- a�r-�3 °a9 €•� i��_s � ~ ��SS��Ix,�Ro� a .@ W - °z:is• .aayE'gse €Sa. `ge" 1K � cWr � A A ♦ A J :4lneyj iol H gY.1i - � � w�oc =�8, In• I.erl I I.I I 1 E. _A S O � NO I7 1 Jgl'.e.5 — O — — — — — — — — — — L� F i s .. {mu.n q, . o ..,. =u eu,w.J.e]3 ...... w. ¢ V --- -. Vbiu._ .i. I...n"-L Vol. 209 Pg. w M .> J O �S o �- 0 Zi N O a w U U d Q > a 0 vi d U Y C O i C W O J � b o v = o° o � N W C Z O 6 w } � Q d a V C 3 iol H gY.1i � w�oc =�8, In• I.erl I I.I I 1 E. _A S O � NO I7 1 Jgl'.e.5 — O • r� V W O cc O _ — _ _ _ _ _ — Q J � U V Y 9'zt_ — — — — — — — — — — L� F i s .. {mu.n q, . o ..,. =u eu,w.J.e]3 ...... w. ¢ V --- -. Vbiu._ .i. I...n"-L Vol. 209 Pg. w M .> J O �S o �- 0 Zi N O a w U U d Q > a 0 vi d U Y C O i C W O J � b o v = o° o � N W C Z O 6 w } � Q d a V C 3 40 The State of Texas, County of BRAZOS We, the undersigned, as County Commissioners within and for Brazos County, and the Honorable Duane Peters, County Judge of Brazos County, constituting the entire Commissioners' Court of Brazos County, during a regular meeting of said Court have examined the foregoing report and have caused an order to be entered upon the Minutes of the Commissioners' Court of Brazos County approving said Report as presented and submitted as true and correct by Laura Taylor Davis, Treasurer of Brazos County, as provided for in the Revised Statutes of the State of Texas. (Texas Local Government Code, 114.026) n Witness my hand this day of �x V)�t��Y1 i0(���1' A.D. 2014 Karen McQueen County Clerk, County of BRAZOS, State of Tex Examined and approved in open Commissioners' 9wjgtlis 110 th day of Duane Peters, County Judge Lloyd Wassermann, Commissioner Precinct #1 Catal Commissioner Precinct #2 y m N Kenny Mallard, C°hlnmfs"ner Precinct 43 Irma Treasurer's Report for the MONTH JULY 2014 Vol. 209 Pg. �- 2n 9 C °N J p.d roe rvvid n IJ Mry R 6 6i A M n M n n m 8N N Z � M P� n C� n $ P$ � O rvrNV O�� Tei Y� •-I N P N V1 V Y 1.1 n Ri8 F N f iTi 3nm O� G� x M M :.0 � c 9i } m$i��3�Kpa�°. ngE 3'�p� ~ Jf Jrn �E vV n M 1 N N b n M {Ili na1$ r of a m N Mm b x x m N N V N 1q'� f� eryR ti ^ M IQQNi pN } VS1 1P1 n qN x �'�p; a 1p� qe N pN QN n 1w� NS ^ ,�QO iD(� o �q�IIR op f m �V( S ..pp pnp �Ibpt ..pp pO y�y��I qNq g N N O q M 8 6 M ryry Y p N aG In` n < O1 n M1 ti O N m O .aH n� . A U o a O Npp 1O f a V � Op ubgi Nn f � 1� NT N M O � 0 iJ eLCi N b Spp p P Q `�` p ``N pOp jjN�� sO C� PN r y� Ib��1 N N N n n P ^ m b b O P a Q rg MORN Vol. 209 Pg. m O r E US F m L O E U E 3 A b x S Y /i'2 BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2013 -2014 BUDGET YEAR NO. 13/14 48.1-48.4 On this the 16th 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 16th 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 16th day of September 2014. THE COiMAUSSIONERS COURT OF BRAZOS COUNTY, TEXAS. By: Z."—k —L Duane Peters, County Judge Original: County Clerk's Office and Attached to the original budget Vol. 209 Pg. -�12 PT to cover for BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 13114 - 48.1 Vol. 209 Pg. 9--y BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 13114 - 48.2 911612014 FUND DIV ACCT PROJ DRICR ACCOUNT NAME Increase Decrease 0100 12000100 61280000 CR Dues 190.00i 0100 12000100 61110000 CR Conference & Dues 1.060.00 0100 12000100 61801000 CR Travel 546.77 0100 12000100 71500000 CR Rental - Equipment 262.50 0100 12000100 60600000 CR Office Supplies 464.80 0100 12000100 60170000 CR Copier/Printer/Fax Supplies 400.00 0100 12000100 59100000 CR DDEA 4,545.93 0100 12000100 61450000 DR Miscellaneous Expenditure 7,470.00 Count Treffiurer Reallocation of funds to cover IRS Fines. Vol. 209 Pg. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 13114.48.3 9/1612014 AOCOUNTNAME 11111 -mxm Vehicle Maintenance District Attorney Reallocation of funds to covff for vehicle maintenance for the remainder of FY 14. �_ - -� -- Vol. 209 Pg. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 13114 - 48.4 FL Vol. 209 Pg. , ;� PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: September 16, 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 Budget Office Jett, Irene Budget Change District Attorney Human Resources Juvenile S.O. Jail Means, Nina Hebert, Jennifer Kimbrough, R. Clay Swan, Misty Salazar, Jennifer Bass, Darius Kasberg, Stacey Braly, Christopher Burns, DeAvis Carrillo, Morris Gunn, Zachary Approved in Commissioners' Court: Se temb 2014: County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) Vol. 209 Pg. 3 % Budget Change New Hire Transfer Win Dept. Transfer w /in Dept. Budge Change New Hire Transfer w /in Dept. New Hire Correction Resignation Transfer Win Dept. 43