HomeMy WebLinkAbout2014-10-14 10:00AM REGULAR MEETINGBRAZOS COUNTY
BRYAN,TEXAS
NOTICE OF MEETING AND AGENDA
iui4 ;"T 10 A q: 55
BRAZOS COUNTY COMMISSIONERS COURT
THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN
REGULAR SESSION ON OCTOBER 14, 2014 AT 10:00 AM IN THE
COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION
BUILDING. 200 SOUTH TEXAS AVE., SUITE 106, BRYAN, TX 77803
Invocation and Pledge of Allegiance - U.S. and Texas Flag - Chaplain G.H. Jones and
Judge Peters
2. Call for Citizen input and /or concerns.
3. Presentation(s)
Recognition of induction of Katie Conner as the President to the Texas Association of
County Auditors. .
Consider and take action on agenda items 4 - 21:
4. Approval of the 2014 Brazos County Tax Roll per Sec 26.09 fe) of the Texas Property Tax Code.
5. Consideration and approval of Order No 14.014 Approving the Installation of Traffic Control Slans on
Barnwood Drive in Precinct 4.
6. Request from the Sheriff Administration to reclassify the following Positions effective October 26
2014 This request will decrease the Sherifrs FY 15 Budget in the amount of $1.473.00.
• a Decrease Deputy Sheriff Patrol Class Code 1415 Position 19, Group 21 step 8 to Group 21
Step 6 Pay Code 026
• b Increase Clerk II Evidence Class Code 1446 Position 1 Group 11 Step 8 to Group 11 Step 10,
Pay Code 014
Approval of the following Job Descriptions:
a a. Office Manager for Medical Services, Class 0286
F
• p Nurse Practitioner for Medical Services. Class 0282
• c. LVNIRN for Medical Services, Class 0284
g, Funding Agreement with Anaieland Humane Society Inc for FY 2015
g, Approval of Stop Loss Insurance Renewal Document.
WIN
11, Approval of maintenance contract with Davidson Document Solutions for thirteen 1131 county owned
copiers,
12, Approval of the attached contract for survey work related to R&B land and fleet department not to
exceed $8.400.
13, Approval to have County Judge Duane Peters sign all documents for the lease of 4 pieces of
• a Caterpillar Vibratory Compactor in the amount of $163,400.00
• b. Caterpillar Vibratory Compactor in the amount of $138,700.00
• c. Caterpillar Backhoe Loader In the amount of $100.400.00
• d. Caterpillar Pneumatic Compactor in the amount of $81.200.00
14, Approval of Treasurer Report for August 2014
15. Tax Refund Applications for the following:
• a. City of Bryan - overpayment - $12.10
• b. City of Bryan -overpayment. $11.95
• c. Powell Professional Services LW - overpayment - $6.81
16. Commissioners Court minutes for the following dates:
• a. September 2. 2014 - Reaular Meeting
• b. September 2. 2014 - Public Hearing at 10:30 am
• c. September 2.2014 - Public Hearing at 2:00 pm
• d. September 0. 2014 - Regular Meeting
• e. September 16, 2014 - Regular Meeting
• f September 23 2014 - Regular Meeting
• a. September 30. 2014 - Regular Meeting
17. Budget Amendments.
a Budget Amendments FY 13114 52.1 thru 52.6
b Budget Amendments FY 14115 2.1 thru 2.6
Personnel Change of Status.
Personnel Action Forms
Payment of Claims.
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.
Consider and possible action on Executive Session.
22 acknowledgement of the Brazos County Expo Fourth Quarter Sales & Marketing Report.
23. Sheriffs report on inmate population.
24. Announcement of interest items and possible future agenda topics.
25. Call for Citizen input and/or concerns.
26. Adjourn.
Vol. 210 Pg. .?
z
PUBLIC COMMENTS
Public Comment during the Commission Meeting may be for all matters, both on and off the agenda, and be limited to four
minutes per person. Persons are Invited to submit comments in writing on the agenda items and/or attend and make comment
at the Commission meaning. 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 Citallon under Section 81.024 of the Texas Local Government Code. Accordingly, members of the public in
attendance at any Regular, Special and/or Emergency meeting of the Court shall conduct themselves with proper respect and
decorum In speaking to, and/or addressing the Court; in participating In public discussions before the Court; and in a0 actions
in the presence of the Court. Those members of the public who are Inappropriately attired and/or who do not conduct
themselves in an orderly and appropriate manner will be ordered to leave the meeting. Refusal to abide by the Courts Order
and /or continued disruption of the meeting may result In a Contempt of Court Citation.
It Is not the Intention of the Brazos County Commissioners Court to provide a public forum for the demeaning of any individual
or group. Neither Is It the intention of the Court to allow a member (or members) of the public to insult the honesty and/or
Integrity of the Court, as a body, or any member or members of the Court, or County employees, individually or collectively.
Accordingly, profane, insulting or threatening language directed toward the Court and /or any person in the Court's presence
end /or racial, ethnic or gender alum or epithets will not be tolerated, Violation of these rules may result in the following
sanctions:
1. cancellation of a speaker's time;
2. removal from the Commissioners Court;
3. a Contempt Citation; and/or
4. such other and/or criminal sanctions as may be authorized
under the Constitution, Statutes and Codes of the State of Texas.
The County Commissioners Court can deliberate or lake action only if a matter has been listed on an agenda property posted
prior to the meeting. During the public comment period, speakers may address matters not listed an the published agenda. The
Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court. However,
responses from the County Judge or Commissioners to unlisted public comment topics could become deliberation on a matter
without notice to the public. To ensure the public has notice of all matters the Commissioners Court will consider, the County
Judge and/or Commissioners may choose not to respond to public comments, except to correct factual inaccuracies, recite
existing policy in response to an inquiry or to ask that a matter be listed on a future agenda. See Texas Open Meetings Act?
551.042.
INVOCATION
Any invocation that may be offered before the official start of the Court meeting shall be to and for the benefit of the Court The
views or beliefs expressed by the Invocation speaker have not been previously reviewed or approved by the Court and do not
necessarily represent the religious beliefs or views of the Court in part a 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 108, 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) 3814102.
BRAZOS COUNW
BRYAN,TEXAS
NOTICE OF ADDENDUM
2014 OCT 10 P 3: 31
BRAZOS COUNTY COMMISSIONERS COURT
61w; -iy M. TEX
2In:
In addition to the Regular Meeting, the Commissioners Court will consider and
take action on the following item(s):
MEETING
October 14,2014
DATE:
MEETING
10:00 AM
TIME:
MEETING
Commissioners Court of the County Administration Building,
PLACE:
200 S. Texas Ave., Suite 106, Bryan, Texas
Agenda
Convene into the following Executive Sessions:
• a. Executive Session pursuant to Texas Government Code 551.072 to deliberate the
purchase, exchange, lease, or value of real property.
• b. Executive Session pursuant to Texas Government Code 551.0725 to deliberate
business and financial issues relating to a contract being negotiated.
2. Consider and possible action on the Executive Sessions.
The Commissioners Court of the County Administration Building, 200 S. Texas Ave., Sub 106, Bryan, Texas 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,
plena call (979) 381.4102.
J I
1
) 61 d P�
BRAZOSCOUNTY
BRYAN,TEXAS
MINUTES
October 14, 2014
BRAZOS COUNTY COMMISSIONERS COURT
REGULAR MEETING
E File Stamped Aeenda.0
01 File Stamped Addendum.pdf
n Sian 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, October 14, 2014 with the following members of the Court present:
Duane Peters, County Judge, Presiding;
Lloyd Wassermann, Commissioner of Precinct 1;
Sammy Catalena, Commissioner of Precinct 2;
Kenny Mallard, Commissioner of Precinct 3;
Irma Cauley, Commissioner of Precinct 4;
Karen McQueen, County Clerk.
The attached sheets contain the names of the citizens and officials that were in
attendance.
Invocation and Pledge of Allegiance -
U.S. and Texas Flag - Chaplain G.H. Jones and Judge Peters
2. Call for Citizen input and /or concerns.
Allan Munger, County Engineer introduced Darell Kolus as the new Right -of -Way
Agent.
Vol. 210 Pg.
The County Judge congratulated Stephanie Wendt, Lynn Allen and Jeannie Stevens on
their work on the new warrant system. The Sheriff commented how happy he was to
have it working. It is a huge improvement he said for Class C warrants to be confirmed
twenty four (24) hours a day.
3. Presentation(s)
Recognition of induction of Katie Conner as the President to the Texas Association of
County Auditors,
The County Judge recognized Katie Conner, County Auditor on her recent election
to President of the Texas Association of County Auditors. Ms. Conner commented that
Brazos County has had several elected officials serve as President of their respective
organizations including Sheriff Chris Kirk, District Clerk Marc Hamlin and County Clerk
Karen McQueen. She went on to say that Brazos County officials are known for their
leadership and wanting to do what is right.
Consider and take action on agenda items 4 - 21:
4. Approval of the 2014 Brazos County Tax Roll per Sec. 26.09 (e) of the Texas Property
Tax Code.
R Item 4.odf
The County Judge then proceeded to read the total levy of $65,585,562.17.
Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by
Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley,
Mallard, Peters, Wassermann .
5. Consideration and approval of Order No. 14 -014 Approving the Installation of Traffic
Control Signs on Barnwood Drive in Precinct 4.
RE Item 5.odf
A copy of the Order is attached hereto.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard, Peters,
Wassermann.
6. Request from the Sheriff Administration to reclassify the following positions effective
October 25, 2014. This request will decrease the Sheriffs FY 15 Budget in the amount
of $1,473.00.
9 Item 6.odf
a. Decrease Deputy Sheriff, Patrol, Class Code 1415 Position 19, Group 21 Step
8 to Group 21 Step 6, Pay Code 026
b. Increase Clerk II, Evidence, Class Code 1446 Position 1, Group 11 Step 8 to
Group 11 Step 10, Pay Code 014
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard ,
Peters, Wassermann .
Approval of the following Job Descriptions:
V Item 7.Pdf
• a. Office Manager for Medical Services, Class 0286
• b. Nurse Practitioner for Medical Services, Class 0282
Vol. 210 Pg. 0 77
. c. LVN /RN for Medical Services, Class 0284
Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by
Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena,
Cauley, Mallard, Peters, Wassermann .
Funding Agreement with Aggieland Humane Society, Inc. for FY 2015.
C Item 8.odf
The cost to Brazos County will be $100,000.00. In exchange for funding,
Aggieland Humane Society will house stray, unwanted or abandoned animals. 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 County Judge Duane Peters, Seconded by Commissioner
Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard,
Peters, Wassermann.
9. Approval of Stop Loss Insurance Renewal Document.
M Item 9.odf
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.
10. Request from the Information Technology Department for approval of the Annual
Peopleware Agreement for PACS Accounting used by the Tax Office. Renewal period
will be November 1, 2014 to October 31, 2015.
L* Item 10.0
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.
11. Approval of maintenance contract with Davidson Document Solutions for thirteen (13)
county owned copiers.
ILO Item 11.0
Cost to Brazos County is $672.50 per month. The term of the contract is from October
1 2014 through November 30, 2014. 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 .
12. Approval of the attached contract for survey work related to R &B land and fleet
department not to exceed $8,400.
ILI Item 12.0
The Court approved as submitted a contract with Strong Surveying, LLC for professional
land surveying services of the Maintenance Building area and boundary survey and
platting. Total cost will not exceed $8,400 . 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. 210 Pg. 2%y
Mallard , Peters , Wassermann .
13. Approval to have County Judge Duane Peters sign all documents for the lease of 4
pieces of equipment for the Road and Bridge Department only when the equipment is
actually received by Brazos County.
t Item 13.0
• a. Caterpillar Vibratory Compactor in the amount of $153,400.00
• b. Caterpillar Vibratory Compactor in the amount of $138,700.00
• c. Caterpillar Backhoe Loader in the amount of $100,400.00
• d. Caterpillar Pneumatic Compactor in the amount of $81,200.00
Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by
Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena,
Cauley, Mallard, Peters, Wassermann .
14. Approval of Treasurer Report for August 2014
- Item 14.0
The Court voted unanimously to receive, approve and order filed as submitted the
Treasurer's report for August 2014. A copy is attached and made a part of these
minutes.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wassermann.
15. Tax Refund Applications for the following:
L Item 15.0
• a. City of Bryan - overpayment - $12.10
• b. City of Bryan - overpayment - $11.95
• c. Powell Professional Services LLC - overpayment - $6.81
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by County Judge
Duane Peters. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wassermann.
16. Commissioners Court minutes for the following dates:
• a. September 2, 2014 - Regular Meeting
• b. September 2, 2014 - Public Hearing at 10:30 am
• c. September 2, 2014 - Public Hearing at 2:00 pm
• d. September 9, 2014 - Regular Meeting
• e. September 16, 2014 - Regular Meeting
• f. September 23, 2014 - Regular Meeting
• g. September 30, 2014 - Regular Meeting
Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by
Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley,
Mallard, Peters, Wassermann .
17. Budget Amendments.
Vol. 210 Pg. A;7 9
U Item 17.0
a. Budget Amendments FY 13/14 52.1 thru 52.6
52.1 Reallocate funds for District Attorney
52.2 Transfer funds from General Fund Contingency to SO Administration
52.3 Reallocate fundsfor Jail
52.4 Recognize the increase of revenue to cover prescription insurance overages
52.5 Reallocate funds for County Drug Court Program
52.6 Transfer funds from General Fund Contingency to Court Support - Civil
b. Budget Amendments FY 14/15 2.1 thru 2.5
2.1 Transfer funds from I.T. Services to IT
2.2 Reallocate funds for Capital Projects
2.3 Recognize donation from Halcon Resources Operating, Inc.
2.4 Reallocate funds for Capital Projects.
2.5 Reallocate funds for Jail Inmate Holding Remodel
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley,
Mallard, Peters, Wassermann .
18. Personnel Change of Status.
Personnel Action Forms
tta Item 18.odf
A copy of the Personnel Change of Status requests 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 .
19. Payment of Claims.
flt BILL LIST 10.14.14.odf
r- Claims Sheet.odf
7126290 through 7126511
Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by
Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena,
Cauley, Mallard, Peters, Wassermann .
20. 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.
ILE Addendum B.odf
At this point, the County Judge announced the Court would consider items 22 through
25 then return to convene into Executive Session.
Having considered the previously noted agenda items, at 10:23 a.m. the County Judge
stated that the Court would convene into Executive Session to consult with an attorney
about pending or contemplated litigation and /or a settlement offer pursuant to Section
551.071 of the Texas Government Code and consider the addendum to the agenda to
convene into Executive Sessions to (a) deliberate the purchase exchange, lease, or
Vol. 210 Pg. 02 V
value of real property pursuant to Texas Government Code 551.072 and (b) deliberate
business and financial issues relating to a contract being negotiated pursuant to Texas
Government Code 551.0725.
At this point the County Judge asked Bill Ballard, Civil Counsel if he is issuing a written
determination that deliberation in an open meeting would have a detrimental effect on
the position of the Commissioners Court in negotiations with a third person. Mr. Ballard
responded that it was his determination that deliberation in an open meeting would have
a detrimental effect on the position of the Court in negotiations with a third person. He
then handed his written determination to be included in the minutes.
On motion by Commissioner Cauley, seconded by Commissioner Mallard the Court
voted unanimously to meet in Executive session per Bill Ballard's recommendation.
Having determined and voted that to deliberate in open meeting would have a
detrimental effect on the position of the Commissioners Court in negotiations with a third
party the County Judge announced the meeting closed to the public so that the Court
could meet in Closed Executive Session to discuss the previously noted items.
The following individuals were asked to stay for the meeting:
Candy Gallego, Executive Assistant
Bill Ballard, Civil Counsel
Toni Flores, Human Resources
Eric Caldwell, IT Director
Ian Soares, IT Department
Charles Wendt, Purchasing Agent
21. Consider and possible action on Executive Session.
fit Item 21.0
At 11:09 the County Judge announced the meeting open to the public and on motion
by Commissioner Cauley, seconded by the County Judge, the Court voted unanimously
to approve the settlement between a former employee and Brazos County for the sum of
$10,000 recommended by the County Attorney and Human Resources.
The County Judge then announced that no action would be taken on the Addendum for
Closed Executive Session.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by County Judge
Duane Peters. Passed. 0 -0.
22. Acknowledgement of the Brazos County Expo Fourth Quarter Sales & Marketing
Report.
IL Item 22.odf
The Court acknowledged receipt of the Expo Fourth Quarter Sales & Marketing Report.
23. Sheriffs report on inmate population.
Sheriff Chris Kirk stated there were 678 inmates in jail, 44 have electronic monitors and
5 are pending for monitors.
24. Announcement of interest items and possible future agenda topics.
There were no announcements.
Vol. 2 10 Pg.
25. Call for Citizen input and /or concerns.
There was no citizen's input.
26. Adjourn.
Vol. 210 Pg. �, oc'oZ
The foregoing minutes of the Commissioners Court meeting held October 14, 2014 have
been examined and are approved in open Court this � day of
N 6yem 014, in Bryan, Brazos County, Texas.
X4'X Uf'&A L, vx�
Duane Peters Lloyd AVassermann
County Judge
"? &�� -
Sammy Ca ena
Commissioner, Precinct 2
Commissioner,
Attest: JJ �
�L�A' �
Karen McQueen
County Clerk
Vol. 2 10 Pg. o
Commissioner, Precinct 1
Kenny Mall
Commissioner, Precinct 3
BRAZOS COUNTY
COMMISSIONER'S COURT
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Organization
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Vol. 210 Pg. Md
Pg 7! ofz-
BRAZOS COUNTY
COMMISSIONER'S COURT
�1 DAY OFS 20�
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(PLEASE PRINT)
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Organization
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Vol. 210 Pg. ZJ5�
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BRAZOS County 2014 LEVY TOTALS
GI- BRAZOSCOUNTY
Property Count: 127,096 Grand Totals 1002014 3:39:23PM
Landa
ue
M&O Rate:
0.422600
M &O Tax:
Homesite:
1 &S Rate:
0.062400
1,838,961,389
8,438,106.19
Protected I &S Rate:
0.000000
Non Homesite:
0.00
2,014,730,768
gqPorrotectedI
PP Late It V Penaly:
880.00
Ag Market:
1,085,300,836
Timber Market:
0
Total Land
( +)
4,938,992,993
Improvement
slue
Homeste:
5,829,916,180
Non Homesite:
4,691,558,559
Total Improvements
( +)
10,521,474,739
Non Real
Count
Yalue
Personal Property:
8,270
1,473,429,090
Mineral Property:
50,722
788,781,854
Autos:
0
0
Total Non Real
( +)
2,240,210,944
Market Value
17,700,678,676
Ag
Non Exempt
Esempt
Total Productivly Market:
1,084,553,986
746,850
Ag Use:
43,216,561
7,000
Productivity Loss
( -)
1,041,335,425
Timber Use:
0
0
Appraised Value
=
16,659,343,251
Productivity Loss:
1,041,335,425
739,850
Homestead Cap
(-)
30,982,330
Assessed Value
=
16,628,360,921
Total Exemptions Amount
( -)
2,876,312,122
(Breakdown on Next Page)
Net Taxable
=
13,752,048,799
Freeze Assessed
Taxab
Actual Tax
Ceiling Count
DP 45,847,976
41,965,414
175,966.88
165,890.48 399
CPS 882,395
773,770
3,293.48
3,537.67 9
OV65 1,460,696,311
887,667,342
3,220,458.94
3,275,756.24 7,951
Total 1,507,426,682
930,406,528
3,399,719.30
3,464,984.39 8,359
Freeze Taxable
( -)
930,406,526
Tax Rate 0.485000
Freeze Adjusted Taxable
=
12,821,642,273
vy Info.
M&O Rate:
0.422600
M &O Tax:
57,146,570.86
1 &S Rate:
0.062400
I&S Tax:
8,438,106.19
Protected I &S Rate:
0.000000
&S Tax:
0.00
gqPorrotectedI
PP Late It V Penaly:
880.00
Tax Increment Finance Value: 0
Tax Increment Flnanos Levy: 0.00
Page 1 of 2
Vol. 210 Pg. 2-S,
Total Levy
65,585,562.17
Two Automation, Inc.
BRAZOS County 2014 LEVY TOTALS
GI- BRAZOSCOUNTY
Property Count: 127,096 Grand Totals 1DWO14 3:39:24PM
Exemption Breakdown
Exemption
Count
Local
state
iota
7
9
CHODO (Partial)
16
8,748,312
0
8,748,312
DP
414
0
0
0
DPS
9
0
0
0
DV1
249
0
2,251,560
2,251,580
DV1S
15
0
45,000
45,000
DV2
170
0
1,684,600
1,684,500
DV2S
5
0
37,600
37,500
DV3
161
0
1,679,840
1,679,840
DV3S
2
0
20,000
20,000
DV4
278
0
1,555,470
1,555,470
DWS
71
0
765,939
765,939
DVHS
198
0
34,616,363
34,616,363
DVHSS
12
0
1,589,690
1,589,690
EX
13
0
3,047,036
3,047,036
EX -XD
21
0
666,468
666,468
EX -XD (Prorated)
12
0
71,621
71,621
EX -XG
7
0
546,576
546,576
EX-XI
5
0
984,400
984,400
EX-XJ
16
0
31,165,750
31,165,760
EX-XL
6
0
973,536
973,536
EX -XN
44
0
3,109,750
3,109,750
EX -XR
1
0
8,160
8,160
EX -XU
19
0
26,384,300
26,384,300
EX -XV
1,841
0
2,074,590,191
2,074,590,191
EX -XV (Prorated)
30
0
1,902,266
1,902,266
EX366
26,714
0
930,963
930,983
FR
42
52,426,876
0
52,426,876
MASSS
6
0
1,261,590
1,261,590
OV65
8,527
586,066,870
0
586,066,670
OV65S
40
2,761,528
0
2,781,526
PC
15
4,373,358
0
4,373,356
SO
1
0
0
0
G11237993
Totals 686,423,613
Pape 2 of 2
Vol. 210 Pg. I �%
2,169,888,509 2,876,312,122
Duane Peters Date
County Judge
True Automation, Inc.
ORDER NO. 14 -014
THE STATE OF TEXAS §
THE COUNTY OF BRAZOS §
ORDER APPROVING THE INSTALLATION OF
TRAFFIC CONTROL SIGNS ON BARNWOOD DRIVE
WHEREAS, the Texas Manual of Uniform Traffic Control Devices, Section 26.39
authorizes most warning and regulatory signs to be posted with a local statute or
ordinance in place prior to the posting of the signage;
WHEREAS, one - hundred percent of property owners along Barnwood Drive
have signed a petition requesting signage prohibiting thru trucks;
WHEREAS, there are no commercial businesses along Barnwood Drive that
would be affected by a prohibition of thru trucks;
NOW, THEREFORE, the Commissioners Court of Brazos County, Texas
approves the installation of traffic controls signs on Barnwood Drive.
Approved this 14th day of October, 2014.
Duane Patam
County
W& k "n.a �
Commissioner Lloyd Wassermann
Precinct 1
Commissioidr Kenny Mallard
Precinct 3
ATTEST:
Karen McQueen
County Clerk
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Brazos County
Job Description
Last Updated: October 2014
Template Revision 7 2 0&1512012
Class Number:
0284
Title:
LVN /RN
Pay Group:
19
Department:
Medical Services
FLSA Status:
Non Exempt
Reports To:
Medical Director
Approved Date:
10/0112014
EEOC Category:
Professionals
General Summary:
Assist the NP /PA and promote the smooth flow of patient care
Experience Is key'
Essential Duties:
Will take vitals and complete medical intake information
Will assist and chaperone NP /PA at all times
Will be able to draw blood and administer shots, vaccines
Will maintain sterile instruments
Will maintain, order & supply all bandages, sutures and medical equipment
Will call out medications
Will answer and return medical phone calls.
i
Other Duties as assigned. 1%
Required:
RN or LVN in Tens, WAI need to provide two references
Supervision
Received:
Given:
Will be supervised by both the Medical Director and NP /PA
Education
Required:
High School Grad and College Graduate
Preferred:
I
Comfortable with all age groups
Experience
Required:
Experience Is key'
Preferred:
Certificates, licenses,
Registrations
Required:
RN or LVN in Tens, WAI need to provide two references
Preferred:
Vol. 210 Piz. 2-9d
RO
DI1
Duane Peters Date
County Judge
Vol. 210 Pg. 1l/
x e.
Brazos County
Job Description
Last Updated: October 2014
Te oM amtion 1.2 06115Q012
Class Number:
0282
Title:
Nurse Practitioner
Pay Group:
N/A
Department:
Medical Services
FLSA Status:
Exempt
Reports To:
Medical Director
Approved Date:
10/01/2014
EEOC Category:
Professionals
General Summa g:
To provide health care and promote wellness to the employees of Brazos County and their family
Essential Duties:
Assist the Medical Director in the care of both Brazos County Employees and Its Inmates
Will care for all ages
Will be given Increasing responsibility commensurate with,experience and
Wellness exams, common office procedures, general health care
Other Duties as assigned. 1 %
Experience in General Medidne, Family Practice
Two Reference are required
Supervision
Received:
Will be supervised by the Medical Director with 2417 availability
Given:
Preferred:
Education
Required:
High school Grad and College Degree
Post graduate training leading to either a NP or PA degree
Preferred:
Experience
Required:
Experience writing prescriptions
Preferred:
Experience in General Medidne, Family Practice
Two Reference are required
Certificates, Licenses,
Re istrations
Certification In a primary care setting, RN or LVN in Texas, Experience is Key, Will need to provide references
Licensed to practice in Texas and Certified by Texas Board of Nursing or T MA
Required:
Preferred:
Vol. 210 Pg. ��
Physkal Demands
Typical:
Knowledge, Skills, &
Abilities
Typical:
Comfortable with all facets of primary care from employment physicals, preventative health dare, to minor acute
care
Must be personable & compassionate to all ages
Must be comfortable with or willing to learn basic suturing, wound care, injections
Comfortable with or willing to learn basic psychiatry
Work Environment
Typical: '
PR
Duane Peters Date
County Judge
Vol. 210 Pg: C; -O
e
Brazos County
Job Description
Last Updated: October 2014
Templete RMelan 12 eenSW12
Class Number:
0286
Title:
Office Manager
Pay Group:
14
Department:
Medical Services
FLSA Status:
Non Exempt
Reports To:
Medical Director
Approved Date:
10/01/2014
EEOC Category:
Office and Clerical
General Summary:
• Responsible for the day today operatbn of the ctinIG
Essential Duties:
Initially will sign In patients and Input Information into computer
Will discharge patients
Organize all scheduling of time & flow of patients
Purchase supplies & maintain facility (inventory management)
Maintain office professionalism and smooth patient interactions
Other Duties as assi ned. %
Su ervision
Received:
From Medical Director
Given:
Will supervise future employees
Preferred:
Education
Required:
High School Graduate and have attended College.
Must be graduate of approved/accredited Medical Assistant Program or possess an Associate's Degree in
health care related field orfive or more years' experience in an ambulatory care setting and/or physician's
office
Preferred:
Experience
Required:
5 or more years of experience
Experience with practice management software /EHR systems
Must understand HIPPA Compliance
Will need to provide two references
Preferred:
certificates, Licenses,
6egistre tions
Required:
Preferred:
Vol. 210 Pg. "4fel
Physical Demands
Typical:
Knowledge, Skills, 6
Abilities
Typical.
of medical -Legal compliance related issues
Must be well organized, highlY motivated and a strong leader
Work Environment
Typical:
Vol. 210 Pg. 6�-Ib�
APPROVED
Duane Peters ate
County Judge
1
AGREEMENT FOR ANIMAL SHELTER SERVICES
Brazos County and Aggieland Humane Society, Inc.
October 1, 2014 — September 30, 2015
This Agreement for Animal Shelter Services ( "Agreement') is made this .L
day of �, k, b_e Ate, 2014 by and between The Aggieland Humane Society, Inc., a
Texas non - profit corporation (herein the "Shelter ") and Brazos County, Texas, a political
subdivision of the State of Texas acting by and through its duly elected Commissioners
Court (herein "County ").
RECITALS
Whereas, the Shelter operates a facility currently located at 5359 Leonard Road,
Bryan, Brazos County to house stray, unwanted or abandoned animals (herein the
"Facility "); and
Whereas, the County has a need of a facility to house animals, other than
livestock, that it takes possession of throughout the County;
Now: THEREFORE KNOW ALL BY THESE PRESENTS, that for and in
consideration of the mutual covenants herein expressed, the receipt and sufficiency of
which is hereby acknowledged, the parties agree as follows:
AGREEMENT
1. The County agrees that all animals, other than livestock, seized within its
jurisdiction by its duly appointed agents, may be delivered to the Facility, there to be
impounded under the exclusive control and custody of the Shelter for periods of time as
required by State law and the applicable County orders except as hereinafter set forth,
but in no circumstances less than three (3) days unless determined by a certified
euthanasia technician that euthanasia is necessary.
2. The County agrees to pay to the Shelter an annual fee of
$100,000.00 based upon the term of the Agreement. The fee shall be divided
into twelve (12) payments to be paid monthly.
3. The COUNTY shall and does hereby assign to the SHELTER those fees
collected for the registration of dogs and cats within Brazos County commonly referred
to as "license fees." The SHELTER shall administer the County License program
(Registration of Dogs and Cats, Texas Health and Safety Code §826.031).
4. The County represents to the Shelter that it has in force orders providing
for the vaccination and licensing of animals under appropriate circumstances, providing
for impounding of nuisance animals running at large, and that while this Agreement is in
effect, such orders will be continued in force, provided, however, that such orders may
be modified from time to time as the County deems appropriate.
AGREEMENT FOR ANIMAL SHELTER SERVICES
Brazos County and Aggieland Humane Society, Inc.
October 1, 2014 — September 30, 2015
t
Vol. 210 pg. 6;;2w
5. The County agrees that every animal delivered to the Shelter in
accordance with this Agreement, shall become the sole and exclusive property of the
Shelter upon its delivery to the Shelter (subject to reclamation by the owner), so that
neither the County nor any agency nor agent of the County, nor of the State of Texas,
nor any institution, corporation nor individual shall have any claim or right to any animal
not so claimed and redeemed. The County agrees, that the Shelter shall have the
undisputed right, consistent with the orders of the County, to humanely dispose of every
animal given into its custody in accordance with the Shelter's principles as follows:
a. To place animals in the care, custody and control of new owners: and
b. To humanely destroy animals which are not claimed by owners and which
are not suitable for placement in the care, custody and control of new
owners.
6. The Shelter agrees to accept each and every animal delivered to the
Facility located in Brazos County, Texas by the agents of the County and to provide
each and every such animal with shelter, food, water and all other humane treatment of
the same degree and kind that the Shelter provides for all other animals which may
come into its care, custody and control. The County shall not accept a surrender of
ownership of an animal by its owner in the field.
7. The Shelter agrees to accept each and every stray animal delivered to
the Facility located in Brazos County, Texas by the residents of the unincorporated
areas of Brazos County and to provide each and every such animal with shelter, food,
water and all other humane treatment of the same degree and kind that the Shelter
provides for all other animals which may come in to its care, custody and control.
8. The Shelter agrees that it will make its Facility available to the County
during its open hours and during periods of closure for the purpose of delivering animals
to the Shelter.
9. The Shelter agrees to provide to the County on or before the last day of
each month during the term of this Agreement a statement of the number of dogs, cats
and miscellaneous animals received by the Shelter from the County or otherwise
retrieved from Brazos County, and the number of dogs and cats issued County tags
during the preceding calendar month.
10. The County reserves the right to require an audit of the records of the
Shelter at any time deemed necessary for the limited purpose of verifying the number of
animals registered or licensed and the number of animals attributable to the County and
the length of stay of each such animal.
11. it is mutually agreed that the Shelter shall provide facilities for rabies
observation for at least six (6) dogs and eight (8) cats. Animals delivered to the Shelter
by the County for rabies observation shall be isolated for a period of time in accordance
with State law.
AGREEMENT FOR ANIMAL SHELTER SERVICES
Brazos County and Aggieland Humane Society, Inc.
October 1, 2014 — September 30, 2015
2
Vol. 210 Piz. "Z 9y
12. In the event animals are being held by the Shelter as a result of a cruelty,
seizure or a legal hold has been placed upon the animals as a result of a criminal
prosecution, the County shall reimburse the Shelter for any veterinarian invoices and
medical bills incurred by the Shelter until the Court either awards the animal to the
Shelter, orders it destroyed or orders it returned to its owner. The County shall not be
liable for these costs in the event a court of competent jurisdiction orders the animal
owner to pay such costs.
13. Shelter shall at all times relevant to the fulfillment of this Agreement have,
keep, and maintain insurance covering general liability, workers compensation if
required by State law, and automobile liability.
Worker's Compensation insurance shall be at statutory limits, including
employer's liability coverage at minimum limits of $500,000.00 each accident.
Such policy will contain a waiver of subrogation in favor of the County.
The General Liability insurance shall have a minimum combined single limit for
bodily injury, personal injury, and property damage of $1,000,000.00 per
occurrence and shall name the County as an additional insured.
Automobile Liability insurance shall be continuously held with limits for bodily
injury and for property damage of not less than $1,000,000.00 on all self -
propelled vehicles used in connection with the animal control operation, whether
owned, non -owned or hired.
Copies of certificates evidencing such insurance as herein required shall be sent
to the County for its records.
The Shelter agrees, to the extent allowed by law, to indemnify and hold harmless
the County from all claims, damages, or causes of action which might arise from
any obligations of Shelter as outlined herein, and Shelter specifically agrees to
indemnify the County against all claims, damages or causes of action which
might arise as a result of acts, omissions County for respondeat superior or
vicarious liability, arising out of Shelter's obligations under this Agreement.
14. The Shelter shall at all times in performance of its Agreement be
considered as an independent contactor. Such status shall apply to all of the Shelter's
officers, agents and employees and in no event shall the Shelter's officers, agents or
employees be considered an employee of the County.
15. In the event the County fails to remit to the Shelter the fees due
hereunder, the County shall be in default. The Shelter shall terminate the Agreement for
non - payment of fees if the County has not cured the default after thirty (30) day written
notice.
16. 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.
AGREEMENT FOR ANIMAL SHELTER SERVICES
Brazos County and Aggietand Humane Society, Inc.
October 1, 2014 — September 30, 2015
3
Vol. 210 Pg. 0�w'
17. 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 County shall be Brazos
County.
18. DISPUTE RESOLUTION: The dispute resolution process provided in
Chapter 2009, Texas Government Code, and the related rules adopted by the Attorney
General pursuant Chapter 2009, shall be used by County and Shelter to attempt to
resolve any claim for breach of contract made by Shelter that cannot be resolved in the
ordinary course of business. Shelter shall submit written notice of a claim of breach of
contract under this Chapter to the County Attorney — Civil Division of Brazos County,
who shall examine Shelter's claim and any counterclaim and negotiate with Shelter in an
effort to resolve the claim.
19. LIMITATIONS: The parties are aware that there are constitutional and
statutory limitations on the authority of the County to enter into certain terms and
conditions of the Agreement, including, but not limited to, authorizations of the
placement of liens on County property; disclaimers and limitations of warranties;
disclaimers and limitations of liability for damages; waivers, disclaimers and limitations
of legal rights, remedies, requirements and processes; limitations of periods to bring
legal action; granting control of litigation or settlement to another party; liability or acts or
omissions of third parties; payment of attorneys' fees; dispute resolution; indemnities;
and confidentiality (collectively, the "Limitations "). Any terms and conditions related to
the Limitations will not be binding on the County except to the extent authorized by the
laws and Constitution of the State of Texas.
20. AUDITS: All records relating to the service provided under this
Agreement and supporting documentation for invoices submitted to County by the
Shelter shall be retained and made available by the Shelter for audit by County, its duly
authorized representatives, the State of Texas (including, but not limited to the Auditor of
the State of Texas, Inspector General or duly appointed law enforcement officials) and
agencies of the United States Government. Such records shall be returned by Shelter
and made available for any time period required by state or federal law. If changes
occur in the governing state or federal law, regarding retention records, Shelter shall
comply with such changes. County shall inform the Shelter in writing of the retention
periods established by State and federal law applicable to such records and shall
provide written notice if changes occur to such retention requirements. If an audit is
initiated before the expiration of such time periods required by state or federal law
regarding retention of records, the Shelter shall retain such records until the audit is
concluded and all issues resolved. Shelter shall provide County with copies of such
audits that are conducted with respect to the Agreement.
21. AUDIT RESPONSIBILTY: The Shelter shall be responsible for receiving,
replying to and /or complying with any audit exception by appropriate federal, state or
local audit directly related to the provision of this Agreement. The Shelter shall repay to
County the full amount received for duplicate billings, erroneous billings, false or
deceptive claims. The Shelter recognizes and agrees that County may withhold any
AGREEMENT FOR ANIMAL SHELTER SERVICES
Braves County and Aggieland Humane Society, Inc.
October 1, 2014 — September 30, 2015
4
Vol. 210 Pg.,�2 Yi
S
money due and recover through any appropriate method any money erroneously paid
under this Agreement if evidence exists of less than full compliance with this Agreement.
22. This Agreement is not assignable by either party.
23. This Agreement shall be for a term of one year commencing on October
1, 2014, and terminating on September 30, 2015. Either party may cancel this
Agreement upon thirty (30) days written notice to the non - cancelling party.
IN WITNESS WHEREOF, the said County and the said Shelter have hereunto
caused their representative corporate names and seals to be hereunto subscribed and
affixed by their representative officers first thereunto duly authorized as of the date
hereinabove first written.
ATTEST:
lei Al a 66ex.- ;�e
Karen McQueen, County Cle
AGREEMENT FOR ANIMAL SHELTER SERVICES
Brazos County and Aggieland Humane Society, Inc.
October 1, 2014 — September 30, 2015
5
OS C TE S
u -
Duane Peters, County Judge
AGGIELAND HUMANE SOCIETY
Kafhy EfIce,
Executive tre oor
Vol. 210 Pg. Jlc )
COMMISSIONER COURT MINUTES OF
OCTOBER 14, 2014
ARE CONTINUED IN VOLUME 211 PAGE 1
Vol. 210 Pa. - ((,
COMMISSIONER COURT MINUTES OF
OCTOBER 14, 2014
ARE CONTINUED FROM VOLUME 210
Vol. 211 Pg. /
Assumpruons:
Shus State TX
Claim Administrator Blue Cross Blue Shield of TX
Network Blue Cross Blue Shield of TX
Retirees Covered Yes
Are retirees age 65 and over covered? Yes
Actively -at -Work Waive
Endorsements
Plan Mirroring Coordination
Cost Containment Programs
The individual stop loss renewal is based upon the current leveraged trend factors, market conditions, plan designs and current
demographic factors. The aggregate renewal is based upon the experience of the group and current trend. Any plan changes
may affect this renewal and need to be disclosed prior to the renewal acceptance.
Cost containment services are managed and administered by independent third -party entities not affiliated with Voya Employee
Benefits, Voya Employee Benefits, a division of ReliaStar Life Insurance Company, does not warrant, guaranty, or make any
representations or warranties whatsoever, express or implied, or assume any liability regarding the use or the results of the cost
containment services, including without limitation any financial results, any information transmitted or received, any delay in
clai roc ing or pay ent, or o use of such cost containment services.
Authorized Signature Date
Authorized Signature Date
Brazos County
66427 -8
11/01/2014
Excess Risk Insurance is underwritten by ReliaStar Life Insurance Company. Policy form RL- SL -POL -2013 (may vary by state).
Exclusions and limitations are described in the policy.
RETIREMENT I INVESTMENTS I INSURANCE
Vol. 211 Pg. 1;
0
ANNUAL PEOPLEWARE AGREEMENT 10
THIS AGREEMENT is made and entered into as of November 1, 2014, by and between
Computer Information Concepts, Inc.
2843 31n Avenue
Greeley, Colorado 80631
a Colorado Corporation, hereinafter referred to as "CIC" and
Brazos County
205 East 27`" Street
Bryan, Texas 77803
hereinafter referred to as "Customer ".
WITNESSETH:
WHEREAS, CIC has determined to provide Customer access to support, enhancements and
training for Customer's computer hardware, operating and application systems, communication networks
and/or other related areas of Customer's automation environment, hereinafter referred to as "Annual
PEOPLEWARE" and additional products and/or services Customer may request in the future, to maintain
or enhance Customer's automation environment, hereinafter referred to as "Products / Services'; and
WHEREAS, Customer has elected to purchase CIC's Annual PEOPLEWARE as evidenced on
Exhibit A, attached hereto and by this reference made a part hereof, and in the future may purchase
additional Products / Services, as will then be evidenced on Exhibit B(s), "SAMPLE" attached hereto and
by this reference made a part hereof.
NOW THEREFORE, in consideration of the mutual covenants and promises contained herein, the
parties agree that CIC will deliver Annual PEOPLEWARE to Customer, twenty -four (24) hours /day,
seven (7) days /week.
ANNUAL PEOPLEWARE
A. Hardware
Maintenance - CIC will assist in problem determination and cooperate with Customer and
Customer's maintenance personnel to maximize up time. Although CIC may recommend computer
hardware maintenance options, actual agreement execution and resultant costs, remain Customer's
responsibility.
Emergency Backup - CIC will provide personnel to assist Customer in locating backup
computer hardware; coordinate the temporary relocation of Customer's operating / application systems /
data and assist in Customer's emergency processing, at CIC's then current hourly rate.
Page 1 of 8
Vol. 211 Pg. J
B. Software
Operating Systems — CIC trained personnel will promptly respond / resolve all
connectivity and communication questions, problems, etc. encountered in the use of your hardware,
operating systems, local area and wide area networks, including hubs, routers, VPN devices,
communication lines, etc. and will inform, recommend and assist you in ordering / pre - testing all future
operating system releases, enhancements and/or program temporary fixes from CIC's vendors necessary
to maintain your hardware at a level supportable by CIC.
Application Systems — CIC develops and maintains a working knowledge of not only the
Application Systems, but more importantly, how each of our many features are currently used in your
operation, permitting our PEOPLEWARE Team's active participation in recommending procedural
changes necessary to increase utilization of our new features and enhancements as they become available.
Following initial implementation, CIC will continue to inform, recommend and assist in ordering,
providing and pre- testing all new Application System Releases, Enhancements and/or Program
Temporary Fixes from CIC's vendors, as necessary, to maintain your software at a level supportable by
CIC.
Future Releases / Enhancements / Program Temporary Fixes — CIC will inform,
recommend and assist Customer in ordering / pre - testing all future operating or application system
releases, enhancements and/or program temporary fixes from CIC and CIC's vendors necessary to
maintain Customer at a level supportable by CIC. Actual acquisition and/or on -site installation /
implementation costs for such future releases, enhancements and/or program temporary fixes remain
Customer's responsibility unless specifically included on Exhibit A.
C. PEOPLEWARE
"INSTANT Response" — Customers utilizing our "Internet Accessible" Annual
PEOPLEWARE System (APS) to log support calls by "Task Code" - Twenty -Four (24) Hours/Day —
Seven (7) Days/Week, may enter their specific questions and/or concerns in their own words, attach all
related screen / report images for further clarification, select priority / maximum response times of
IMMEDIATE, 2, 4 or 8 working hours and receive automatic e-mail updates triggered by every support
call action.
1. APS provides retrieval / displays CIC's resolution documentation for a date range
within the same "Task Code" to our staff, providing immediate resolution for a high percentage of your
support calls along with excellent cross training to prevent related calls in the future.
2. Our APS "Quick Reference" also provides Customers instant access to our most
current Web Based Documentation for your specific "Task Code ", saving you valuable time normally
spent looking for your current copy of CIC's manual or the applicable section, page and paragraph.
3. APS enables our Customers to confirm CIC's open support call status (Internet &
Telephone), reassignment, escalation and projected resolution date / time plus provide an opportunity for
our Customers to add additional information to their original open call(s) at any time.
4. When requested, APS displays a list of current "PeopleWires ", which describe
CIC known problems / issues communicated to our Customers. If a CIC program temporary fix (PTF) is
available, our FTP location and automatic downloading instructions will be provided. Otherwise, CIC's
recommended "temporary work around" with instructions can be viewed and printed, along with our
current estimated PTF availability.
Page 2 of 8
Vol. 211 Pg.
5. Finally, using APS, Customers are provided the ability to access their Support
Issues, along with all associated Actions and Resolutions, that have been closed within the past year by
"Keyword ", Date Range and/or Reference Number.
Toll Free Access — CIC will continue to provide Customer with toll free telephone access
plus CIC's assistance in entering Customer's questions / concerns and requested maximum response time
of 2, 4 or 8 working hours into CIC's Annual PEOPLEWARE System.
Support — In summary, CIC will provide the computer hardware, operating and application
systems, communication networks and/or other related support necessary to assure Customer's optimum
utilization of existing / future functionality regardless of Customer's employee turnover, reassignment
and/or future operating or application system releases, enhancements and/or program temporary fixes, by
telephone, "DESKTOP Response" and/or "ON- DEMAND Response unless, dependent upon severity,
expediency and other pertinent factors, CIC determines to travel to Customer's location.
Trainine - CIC will also provide the computer hardware, operating and application
systems, communication networks and /or other related training necessary to assure Customer's optimum
utilization of existing / future functionality regardless of Customer's employee turnover, reassignment
and/or future operating or application system releases, enhancements and/or program temporary fixes, at
CIC's then current telephone / "DESKTOP Response" / "ON- DEMAND Response" hourly rates or
regional workshop / on -site daily rates.
Problem Identification / Vendor Communication - Customer assumes responsibility for
identifying probable cause and providing additional information as required, to assist CIC and CIC's
vendors in resolving Customer's questions / concerns. CIC assumes exclusive responsibility for
communicating and coordinating with all vendors in resolving Customer's questions / concerns.
Products / Services - CIC will maintain the configuration, system / communication
schematics, file utilization and staff knowledge necessary to assure the continuing compatibility of any
Products / Services purchased from CIC with Customer's existing computer hardware, operating and
application systems, communication networks and /or other related areas of Customer's automation
environment.
Site Evaluation - CIC will periodically review and discuss Customer's satisfaction with the
Annual PEOPLEWARE and Products / Services provided by CIC and CIC's vendors, the effectiveness of
Customer's computer hardware, operating and application systems, communication networks and/or other
related areas of Customer's automation environment and recommend additional Annual PEOPLEWARE
and/or Products / Services for Customer's consideration.
GENERAL
Delivery - Although CIC may assist Customer in purchasing and coordinating the timely delivery
and installation of Products / Services from CIC's vendors, CIC shall not be liable for any damages,
penalty for delay in delivery and/or failure to give notice of delay when such delay is due to acts of God,
delay in transportation, delay in delivery or any other causes beyond the reasonable control of CIC.
Access - Subject to statutory or Customer determined limitations, Customer agrees to permit CIC's
employees access to Customer's computer hardware, operating and application systems, communication
networks and/or other related areas of Customer's automation environment including access to
Customer's Internet connection and a telephone, for purposes of performing CIC's obligations under this
Agreement.
Page 3 of 8
Vol. 211 Pg.
Customer further agrees to make its employees available to CIC at Customer's location to facilitate
effective implementation / utilization of Annual PEOPLEWARE and/or Products / Services and
understands that failure to do so can result in additional CIC effort / time, which may be billable to
Customer.
Non- Disclosure - CIC and Customer acknowledge confidential information considered proprietary
by one of the parties may be furnished by it to the other party from time to time in the performance of this
Agreement. CIC and Customer agree to not discuss, reveal or provide such confidential information
except to the extent disclosure is required by law or by an order of a court of competent jurisdiction.
The parties further agree the proprietary nature of CIC's Annual PEOPLEWARE procedures and
related documentation are of substantial importance and it shall be Customer's obligation to protect said
procedures and related documentation from unauthorized disclosure or use and to destroy all such
confidential information upon the expiration or termination of this Agreement.
Additional Expenses — All miscellaneous expenses incurred by CIC, i.e., travel, mileage, lodging
and meals are additional and will be invoiced at cost and paid monthly to CIC by Customer upon receipt
of invoice, unless otherwise stated herein.
Financial Liability — Each party shall be solely responsible for any liability resulting from that
party's negligence.
Ownership - Customer will defend and indemnify CIC against any claim or legal proceedings with
regard to Customer's proprietary rights to use all computer hardware, operating and application systems,
communication networks and/or other related areas of Customer's automation environment. CIC will
defend and indemnify Customer against any claim or legal proceedings with regard to CIC's proprietary
rights to provide the Annual PEOPLEWARE and Products / Services delivered in this Agreement subject
to CIC's and CIC's respective vendor software license agreements, which CIC shall provide and Customer
agrees to sign.
Warranty and Limitation of Remedy - CIC warrants the Products provided hereunder will perform
according to the respective vendor's and CIC's published specifications, that any and all such warranties
provided by the manufacturers or original vendors shall be passed on and inure to the benefit of the
Customer. CIC further warrants the Annual PEOPLEWARE and Products / Services provided under this
Agreement will not prevent the Customer's computer hardware, operating and application systems,
communication networks and/or other related areas of Customer's automation environment from operating
and providing the functionality previously available to Customer. The warranty stated herein shall
survive during the entire term of this Agreement.
The aforesaid warranty and CIC's obligation and liabilities thereunder are in lieu of, and Customer
hereby waives, all other guarantees and warranties and all obligations and liabilities thereunder, expressed
or implied arising by law or otherwise, including without limitation any implied warranty of fitness for a
particular purpose or of merchantability, and all obligations and liabilities with respect to loss of use,
indirect and consequential damages including but not limited to loss of profits or revenue, loss of use of
equipment, costs of substitute equipment, or other down -time costs.
Customer agrees CIO's maximum liability will be limited to the EXHIBIT A - ANNUAL
PEOPLEWARE TOTAL CIC received in the most recent year, minus any funds owed or disbursed for
support and enhancements.
Page 4 of 8
Vol. 211 Pg. 6
Non - Employment - Independent of any other obligation under this Agreement, CUSTOMER and
CIC agree to not intentionally, whether directly or indirectly, whether as an individual for its own
account, for or with any other person, firm, corporation, partnership, joint venture, association,
organization, or other entity whatsoever, interview or attempt to employ, contract with or otherwise obtain
the services of a current or former employee of the other party without such party's approval, for a period
of one (1) year after completion of this Agreement. The interviewing company agrees to inform the
employee that notification must be made to their current (or past) employer prior to any offer being
extended to the individual. This provision is not intended to restrict the civil rights or liberties of any
private individual, but to curtail counter productive human resource depletion of one (1) party for the
advantages of the other party while both parties have rights and obligations under this Agreement.
Execution / Term - This Agreement is in full force and effect as of the date of execution, for one
(1) year from the day and year first above written and shall be considered renewed annually by CIC's
issuance of an invoice for this same EXHIBIT A - ANNUAL PEOPLEWARE TOTAL or in subsequent
years, CIC's revised EXHIBIT A - ANNUAL PEOPLEWARE TOTAL and invoice paid by Customer,
within thirty (30) days of each renewal date.
Notwithstanding the foregoing, Customer may terminate this Agreement for cause upon
ninety (90) days written notice to CIC and the EXHIBIT A - ANNUAL PEOPLEWARE TOTAL
received by CIC in the most recent year, minus any funds owed or disbursed for support and
enhancements, prorated through the date of such termination, returned to Customer, providing CIC is
given such ninety (90) days to resolve the issues at hand to Customer's satisfaction.
Either party may also terminate this Agreement in writing, at least ninety (90) days prior to each
renewal date.
Governing Law - This Agreement constitutes the entire Agreement between the parties, and shall
be construed in accordance with the laws of the State of Texas.
Waiver — The waiver of one breach or default hereunder shall not constitute the waiver of any
subsequent breach or default.
Assignment — This Agreement shall be binding upon and shall inure solely to the benefit of
the parties hereto and their respective successors in interest and not for the benefit of any other person or
legal entity.
Although CIC may assign data translation, installation, training, support and enhancement
development to its vendors, distributors and/or subcontractors, CIC shall at all times be responsible for
their performance.
Entire Agreement - The Agreement and the attachments hereto represent the entire agreement
between the parties and shall supersede all existing contracts and/or agreements previously executed
between said parties, with respect to the subject matter hereof. All parties have negotiated this Agreement
at arms length, and no party shall be deemed as the drafter of the Agreement for purpose of interpreting
any potential ambiguities in the Agreement and each provision and Exhibit hereof, may be modified only
in writing duly executed by all parties. In the event Customer issues a purchase order or other instrument
for the Annual PEOPLEWARE and/or Products / Services herein specified, it is understood and agreed
that such purchase order or other instrument is for the Customer's internal use and purpose only and shall
in no way affect any of the terms and conditions of this Agreement.
Page 5 of 8
Vol. 211 Pg.
Status - CIC shall be considered an independent contractor, and this Agreement does not constitute
or imply that CIC is or will be an employee of Customer.
Insurance — During the term of this Agreement, CIC shall carry and maintain Workmen's
Compensation and Employer's Liability Insurance covering its employees in accordance with statutory
requirements applicable to the performance of its business.
Subject Headings - The subject headings of the paragraphs of this Agreement are included for
purposes of convenience only, and shall not affect the construction or interpretation of its provision.
Severability - In the event that any one or more of the provisions contained in this Agreement shall
for any reason be held to be invalid, illegal or unenforceable in any respect, such provision shall be
changed and interpreted to accomplish the objectives of such provision to the greatest extent possible
under applicable law and the remaining provisions of this Agreement shall continue to remain in effect.
Notices - The notices to be given under this Agreement shall be made in writing and shall be
sufficient if delivered personally or mailed by First Class United States Mail, postage prepaid, to the other
party at the address previously indicated.
The parties hereto have executed this Agreement th a and year first above tten.
BY:. lgi/ �. BY:
Computer Information Concepts, Inc. Brazos County, Texas
Page 6 of 8
Vol. 211 Pg. J
e
EXHIBIT A
Annual PEOPLEWARE Agreement by and between Computer Information Concepts, Inc.
(CIC) and Brazos County, Texas, dated November 1, 2014
ANNUAL PEOPLEWARE
$ .00 Support — Operating Systems
$ .00 — Server Farm
"Without an On -Site Full Time Network Technician"
$ .00 — Personal Computer / Server, Department and/or County File Server(s)
"With an On -Site Full Time Network Technician"
$ .00 — AS /400(s)
$ 1,000.00 — Personal Computer / Server or Department File Server
"Without an On -Site Full Time Network Technician"
$ 1,500.00 — County File Server(s)
"Without an On -Site Full Time Network Technician"
CIC trained personnel will promptly respond by telephone, DESKTOP
Response and/or ON- DEMAND Response to all connectivity and
communication questions, problems, etc. encountered in the use of your
hardware, operating systems, local area and wide area networks during operation
of the following Application Systems and will inform, recommend and assist
you in ordering / pre- testing all future operating system releases, enhancements
and/or program temporary fixes from CIC's vendors necessary to maintain your
hardware at a level supportable by CIC. On -Site operating system support and
installation / configuration of new equipment is additional and will be invoiced
in one (1) hour increments at CIC's then current travel & on -site hourly rates
plus mileage, lodging and meals at cost and paid monthly to CIC by Customer
upon receipt of invoice.
4,745.00 Support — Application Systems
4,565.00 Tax Collection Accounting (General Ledger, Banking &
Investments, Daily Statement Balancing, PACS Integration, Cash
Receipting, Taxes Payable)
180.00 INSTANT Sharing / Seat — Four (4) Seats
1,230.00 Enhancements —Application Systems
1,230.00 Tax Collection Accounting (General Ledger, Banking &
Investments, Daily Statement Balancing, PACS Integration, Cash
Receipting, Taxes Payable)
$ 5,975.00 ANNUAL PEOPLEWARE TOTAL
Page 7 of 8
Vol. 211 Pg. %
DAVIDSON DOCUMENT SOLUTIONS, INC.
You're In Charget ,•
TEXAS DOCUMENT SOLUTIONS
ARIZONA DOCUMENT SOLUTIONS
NEW MEXICO DOCUMENT SOLUTIONS
Austin, TX 78758
•2600 Longhom Blvd 0102
Bryan, Tx 77802
•724 East Villa Maria #500
Lufkin, 7X.75901
•2003 Atkinson Drive
SanAnbnQTX78216
•620 West.Sunset Road
Tempe, AZ 85281
• 1406 West 14th St #102
Tyler, TX 75703
•4619 Troup Highway
Waco, TX 76712
-6700 Woodway Drive
• 512 - 8354000 • (Fax) 612- 832 -8255 I
• 979- 775-5500 •_(Fax) 979.7755900 t
• 936.699 -2800 • (Fax) 936,899 -4229
• 210.822 -3500 • (Fax) 210 - 826 -9286
• 480- 967 -3200 • (Fax) 480-9673215
• 903 -509 -9900 • (Faz) 903509 -9905
• 254 -8t11 -7500 • (Fax) 264 -754 -0555
ORDER DATE MSTALL DATE TECH ftEP. SALES REP,
CUSTOMER NO.
Klnze Storm
10 /1/2014
BILL TO: SHIP TO (if other than Bill To):
NAME
NAME
Brazos County Purchasing Department
ADDRESS ADDRESS
200 South Texas Ave #352 STATE ZIP
CITY STATE ZIP CITY
Bryan Tx 77803
CONTACT
CONTACT
Leslie Williams FAx
FPX PHONE
PHONE
979- 361 -4294 979- 361 -4293
ADDITIONAL COMMENTS
CUSTOMER STATUS: TYPE ACTION REQUEST: SHIP VIA
❑ New Customer ❑ CGEM /N]PA Account ❑ Rental ❑ Trial Dates: P.O. NO.
Customr State Contract Sale Lease Other.
e
PROD. NO. METER UNIT PRICE TOTAL
$672.50
1 Monthly Maintenance
Effective October 1, 2014 - November 30, 2014
Includes 119000 Black & White copies & 200 Color copies per month. Black & White overages billed at
each and color overages billed at .05 each monthly. Includes toners, drums, fusers, developers,
.0055
staples, parts, labor and traveltime. "Excludes Paper ** Maintenance Contract
ricing to be guaranteed for 5 continuous years through Texas Document Solutions.
All Copies to be divided between the following equipment:
4N
CSCD #1
64N
CSCD #2
23N
County Clerk
4i
14N
Constable Precinct #3
23N
ITheFolloWing
District Clerk #1
64N
District Clerk #2
64N
Juvenile
14N
272nd District Court
W
Associate Judge #1
4ON
County Clerk
wing Equipment Will be Removed from an Existing M/A and Added to this Agreemen
14N
Jury Services
MX -M363N
County Judges Office
Page 1 (Continuation on Page 2)
Vol. 211 Pg.
DAVIDSON DOCUMENT SOLUTIONS, INC.
You're in Charge!. -
TEXAS DOCUMENT SOLUTIONS
ARIZONA DOCUMENT SOLUTIONS
NEW MEXICO DOCUMENT SOLUTIONS
Aus@y7X78756
•2600 Longhaln Blvd #102
B,M.TX77802
•724 East We Maria#560
Lub.TX75901
2003 Mean Drive
SalWbi4TX7M
• 620 West Surad Road
Teape,AZ852a1
•1406 West l481 SL #102
To. TX 79M
•4619TIcupillghway
Waco,TX76712
•6700Weadway Drive
• 512-8361000 • (Fax) 512-832.6255
• 979 - 7756500 • (Fa) 979- 776b9W
• 9368MBN • (Fax) 938899-4229
• 210. 822 -M • (FIX) 210-8269286
• 480. 9673200 • (Fat) 460.967 -3215
• 903509.9900 • (Fax) 903609.9905
• 254- 881 -75W. (Fox) 254- 7548555
CUSTOMER NO. ORDER DATE INSTALL DATE TECH REP. SALES REP.
10/1/2014 I I Kinze Storm
BILL TO: SHIP TO (if other than Bill To):
NAME
NAME
Brazos County Purchasing Department
ADDRESS ADDRESS
200 South Texas Ave #352
CITY STATE ZIP GTV ST ATE ZIP
Bryan Tx 77803
CONTACT CONTACT
Leslie Williams FA
PHONE FAX PHONE
ADDITIONAL COMMENTS
New Customer
6csistin CUStomer
CITY. PROD. NO.
MX -M314N
CUSTOMER STATUS: TYPE ACTION REQUEST: SHIP VIA
❑ CGEM /NIPA Account ❑ Rental ❑ Trial Dates: P.O. NO.
State Contrail Sal Lease Other:
DESCRIPTION SERIAL NO. TOTAL
Purchasing Department
Page 2
ER TE
SALES MANAG DA
Subtotal
SERVICE MANAGER DATE
Sales Tax
NIA
CUSTOMER A,CEFrAN DATE �O `q lq
TOTAL
$672.30
Vol. 211 Pg. //
DAVIDSON DOCUMENT SOLUTIONS, INC.
You're In Charger.
TEXAS DOCUMENT SOLUTIONS
ARIZONA DOCUMENT SOLUTIONS
NEW MEXICO DOCUMENT SOLUTIONS
Austin, TX 78758
Bryan, TX 77802
Lufkin, TX 75901
SmAnbrfo;TX78216
Tempe, AZ 85281
Tyler, TX 75703
Waco, TX 76712
• 2600 Longhorn Blvd #102
• 724 East Villa Maria #500
• 2003 Atkinson Drive
• 620 West Sunset Road
• 1406 West 14th SL #102
• 4619 Troup Highway
• 6700 Woodway Drive
SERVICE / SUPPLY PLATINUM USER AGREEMENT
Terms and Conditions
• 512- 835 - IMO - (Fax) 512- 832.8255
• 979- 775 -5500 • (Fax) 979 - 775 -5900
• 936 - 699 -2800 • (Fax) 936-899-4229
•210,822- 3500'•(Fax)210 -626 -9286
• 480 -967 -3200 • (Fax) 4603673215
• 903 - 509 -9900 • (Fax) 903 -509 -9905
• 254881 -7500 • (Fax) 254- 7544555
1. This Agreement shall remain in full force and effect, unless cancelled by either parry in writing. This Agreement may be terminated or
changed at any time, by either party on thirty (30) days written notice. Customers obligation to pay all charges, which have accrued,
shall survive any termination of this Agreement, the prorated portion of any amount prepaid will be refunded.
2. Monthly and Quarterly Base costs are payable in advance based on the Copy Volume Level and specification provided on the reverse
side of this agreement, whereas the excess cost per copy changes are payable in the arrears.
3. Davidson Document Solutions, Inc. shall provide inspections during the contract period at appropriate intervals. Inspections may be
made in conjunction with regular or emergency service calls. Inspections, as well as all service calls, shall be made during normal
business hours.
4. Davidson Document Solutions, Inc. will provide parts, which have been broken or worn through normal use and are necessary for
servicing and maintenance adjustments. Parts damaged by misuse or carelessness will be charged to the customer in accordance with
the Davidson Document Solutions, Inc. parts list price. Photoreceptive Drums are included, except for facsimile systems and cartridge
type copiers and printers.
5. All service calls under this Agreement will be made during normal business hours at the customers address as shown on the reverse
side hereof. Should the equipment be moved to a location in a more distant zone, there may be an increase in the annual maintenance
charge. Should the equipment be moved out of the Company's authorized serving area, this contract shall be terminated. Relocation of
equipment is not covered by this agreement and will be billed at the agreed upon rate.
6. This Agreement shall not apply to repairs made necessary by accident, misuse, abuse, neglect, theft, riot, vandalism, electrical power
failure, or surges, acts of God, fire, water, unauthorized supplies, or other repairs made necessary by service personnel other than
those of Davidson Document Solutions, Inc. Charges for repairs or replacement due to the foregoing shall be bome by the Customer.
7. This Agreement does not include applicable taxes. All taxes levied or imposed, now or hereafter, by any governmental authority shall be
paid by the Customer, in accordance with the law.
8. This Agreement covers only the equipment described and does not include any accessories not listed thereon, nor does it include third
party add -on devices, such as accounting software and hardware, coin-op box, etc.
9. This Agreement does not cover the Customers network or problems related to or from the connected network. There are no warranties
or guarantees regarding problems associated with the operation of the Customers software or operating systems. Davidson Document
Solutions, Inc. will not be held responsible for any down time at the client's location.
10. This Agreement is not transferable by the Customer, except with the written consent of Davidson Document Solutions, Inc.
11. This Agreement includes all toner and developer used under normal use, unless otherwise noted. However, it does not include excess
usage attributable to theft, misuse or sky copies.
11 Optimum performance of the equipment covered by this Agreement can be expected only if supplies provided by, or meeting the
specifications of Davidson Document Solutions, Inc. are used.
14. The initial term of this Agreement shall commence on the date of equipment installation. This Agreement shall be automatically
renewed upon expiration of the Initial period, for successful renewal terns at the standard published service rates, in effect at the time
of applicable renewal.
15. Davidson Document Solutions, Inc. would setup and configure a total of 5 stations at the time of the initial sale installation. Additional
charges will be billed at the standard hourly rate for a minimum of one hour for each additional work station or computer upgrade
(hardware, hard drive, CPU, operating system software change, etc.).
16. Shipping charges for consumable supplies will be billed separately; plastic waste toner bottles are a permanent part of your machine
and are to be reused. The customer will be charged for replacement bottles.
Vol. 211 Pg. /oz
SERVICE CONTRACT
BRAZOS COUNTY PURCHASING DEPT.
Brazos County Courthouse
200 S. Texas Ave., Ste. 352 IQ Request No. 2014 -03
Bryan, Texas 77803 Reference IQ # 2014 -47
Telephone (979) 361 -4294 Page 1 of 7 Pages
GENERAL REQUIREMENT FOR CONTRACT
I, Pr pa Mal i_Se� as a duly authorized representative of -C a(ar �,� 5
"Contractor" willingly attest to perform (or deliver) as per "Maintenance Agreement'
for Brazos County. I further agree to all of the provisions and specifications contained in this contract.
MAINTENACE /SERVICE AGREED TO
Contractor agrees to provide maintenance and service on Brazos County owned copiers listed in Exhibit
"A" and Exhibit "B ". Contractor agrees to provide service in a timely manner with no less than a four
(4) hour response time. Maintenance will be performed during business hours in accordance with the
location of the department where the copier is located. Business hours may vary depending on the
location of the copier.
For all maintenance or service required on any of the listed copiers, it is required that only original
equipment manufacturer (OEM) parts be used for replacement of parts,
Toner and staples will be provided for the Contractor for the life of this contract to include any future
renewals or extensions.
ASSIGNMENT
The successful offeror may not assign, sell or otherwise transfer this contract without written permission
of Brazos County Commissioners Court. Should there be a change in ownership or management; the
contract shall be terminated unless a mutual agreement is reached with the new owner or manager to
continue the contract with its present provisions and prices.
QUANTITIES
The quantities specified in this agreement are estimates only. Brazos County does not guarantee to
purchase any minimum quantities or services other than those listed on a purchase order.
CONTRACT RENEWALS
Renewals may be made ONLY by written agreement between Brazos County and the offeror. Any and
all price escalations shall not be accepted and shall be considered a non - response.
Vol. 211 Pg. /j
SOQ Continuation Sheet
BRAZOS COUNTY, TEXAS
SOQ Request No. 2014 -47
Page 2 of 7 Pages
HOLD HARMLESS AGREEMENT
Contractor, the successful offeror, shall indemnify and hold Brazos County harmless from all claims for
personal injury, death and /or property damage resulting directly or indirectly from contractor's
performance. Contractor shall procure and maintain, with respect to the subject matter of this bid,
appropriate insurance coverage including, as a minimum, public liability and property damage with
adequate limits to cover contractor's liability as may arise directly or indirectly from work performed
under terms of this bid, Certification of such coverage must be provided to Brazos County upon request.
ADDITION/MODIFICATION OF LOCATIONS OR SERVICES
Brazos County reserves the right to add locations as these additional locations may be required.
Locations to be added may include, but not limited to, expansions or additions to existing facilities and
acquisition or construction of new properties. In the event that Brazos County makes significant
structural changes to an existing facility that impacts the contractor's cost in providing the services
anticipated by this contract such change may be treated as a new facility and the procedures provided for
in this section may be followed in determining an appropriate price.
In the event Brazos County wishes to add other locations to a group under the Contract, a quotation will
be solicited from the incumbent contractor in good standing for the group in which the new location is
appropriately situated.
In the event. Brazos County shall sell, vacate, abandon, or otherwise dispose or terminate a location to
which the contract applies, all existing contracts or agreements or services applicable to such location,
the portion of this contract that applies to such locations is terminated. All remaining portions of the
contract will remain intact. Brazos County will endeavor to give the Contractor written notice of such
termination of locations a minimum of thirty (30) days in advance.
INVOICES & PAYMENTS
Payments to Contractors will not be made if the Contractor cannot produce a Brazos County Purchase
Order. Offerors shall submit an original invoice on each purchase order or purchase release after each
delivery, indicating the purchase order number. Invoices must be itemized. Any invoice, which cannot
be verified by the contract price and/or is otherwise incorrect, shall be corrected by the Contractor.
When multiple deliveries and/or services are required, the offeror may invoice following each delivery
or performance of service and Brazos County will pay on invoice with in thirty (30) days upon receipt of
invoice. Contracts providing for a monthly charge will be billed and paid on a monthly basis only. The
Contractor will provide an invoice for each month in which Brazos County is responsible for payment,
during the duration of the contract. Prior to any and all payments made for goods and/or services
provided under this contract, the offeror should provide his Taxpayer Identification Number or social
security number as applicable. This information must be on file with Brazos County Auditor's office.
Failure to provide this information may result in a delay in payment and/or back -up withholding as
required by the Internal Revenue Service.
PRICING
Prices for all goods and/or services shall be firm for the duration of this contract and shall be stated on
the Pricing/Delivery Information form. Prices shall be all inclusive: No price changes, additions, or
subsequent qualifications will be honored during the course of the contract. All prices must be
written in ink or typewritten. Pricing on all transportation, freight, drayage and other charges are to be
Vol. 211 Pg.
SOQ Continuation Sheet SOQ Request No, 2014 -47
BRAZOS COUNTY, TEXAS Page 3 of Pages
prepaid by the contractor and included in the bid prices. If there are any additional charges of any kind,
other than those mentioned above, specified or unspecified, offeror MUST indicate the items required
and attendant costs or forfeit the right to payment for such items. Where unit pricing and extended
pricing differ, unit pricing prevails.
TAXES
Brazos County is exempt from all federal excise, state and local taxes unless otherwise stated in this
document. Brazos County claims exemption from all sales and/or use taxes under Texas Tax Code
§151.309, as amended. Texas Limited Sales Tax Exemption Certificates will be furnished upon written
request to Brazos County Purchasing Agent.
GOVERNING FORMS
In the event of any conflict between the terms and provisions of these requirements and the
specifications, the specifications shall govern. In the event of any conflict of interpretation of any part
of this overall document, Brazos County's interpretation shall govern. In the event of a conflict between
the terms, conditions, provisions, and specifications of this document and any other terms, conditions,
provisions, and specifications provided by the Contractor; the terms of this document shall supersede.
GOVERNING LAW
This bid solicitation is governed by the competitive bidding requirements of Brazos County Purchasing
Act, Texas Local Government Code, §262.021 et seq., as amended. Offerors shall comply with all
applicable federal, state and local laws and regulations. Offeror is further advised that these
requirements shall be fully governed by the laws of the State of Texas and that Brazos County may
request and rely on advice, decisions and opinions of the Attorney General of Texas and Brazos County
Attorney concerning and portion of these requirements.
DISQUALIFICATION OF OFFEROR
Upon signing this bid document, an offeror offering to sell supplies, materials, services, or equipment to
Brazos County certifies that the offeror has not violated the antitrust laws of this state codified in Texas
Business and Commerce Code §15.01, et seq., as amended, or the federal antitrust laws, and has not
communicated directly or indirectly the bid made to any competitor or any other person engaged in such
line of business. Any or all bids may be rejected if Brazos County believes that collusion exists among
the offerors. Bids in which the prices are obviously unbalanced may be rejected. If multiple bids are
submitted by an offeror and after the bids are opened, one of the bids is withdrawn, the result will be that
all of the bids submitted by that offeror will be withdrawn; however, nothing herein prohibits a
Contractor from submitting multiple bids for different products or services.
SEVERABILITY
If any section, subsection, paragraph, sentence, clause, phrase or word of these requirements or the
specifications shall be held invalid, such holding shall not affect the remaining portions of these
requirements and the specifications and it is hereby declared that such remaining portions would have
been included in these requirements and the specifications as though the invalid portion had been
omitted.
Vol. 211 Pg. ��
SOQ Continuation Sheet SOQ Request No. 2014 -47
BRAZOS COUNTY, TEXAS Page 4 of 7 Pages
SILENCE OF SPECIFICATIONS
The apparent silence of specifications as to any detail, or the apparent omission from it of a detailed
description concerning any point, shall be regarded as meaning that only the best commercial practice is
to prevail and that only material and workmanship of the finest quality are to be used. All
interpretations of specifications shall be made on the basis of this statement, The items furnished under
this contract shall be new, unused of the latest product in production to commercial trade and shall be of
the highest quality as to materials used and workmanship. Manufacturer furnishing these items shall be
experienced in design and construction of such items and shall be an established supplier of the item bid.
TERMINATION
Brazos County reserves the right to terminate the contract for default if offeror breaches any of the terms
therein, including warranties of offeror or if the offeror becomes insolvent or commits acts of
bankruptcy. Such right of termination is in addition to and not in lieu of any other remedies which
Brazos County may have in law or equity. Default may be construed as, but not limited to, failure to
deliver the proper goods and/or services within the proper amount of time, and/or to properly perform
any and all services required to Brazos County's satisfaction and/or to meet all other obligations and
requirements. Brazos County may terminate the contract without cause upon thirty (30) days written
notice.
POLICY REQUIREMENTS FOR CERTIFICATE OF INSURANCE
CONTRACTOR'SINSURANCE
The Contractor /Contractor, before starting work for Brazos County, must furnish Brazos County a
Certificate of Insurance or other acceptable evidence from a reputable insurance company or companies
with an A.M. Best Rating of AA@ (such companies to be acceptable to Brazos County) licensed to
write insurance in the state of Texas, showing that the Contract is covered by the insurance as follows:
(1) Statutory Workers Compensation Insurance with Employers Liability Insurance in the amount of
$1,000,000. In the event any work is sublet, the Contractor shall require the subcontractor
similarly to provide the same coverage and shall himself acquire evidence of such coverage on
behalf of the subcontractor. (TLC Sec. 401.011)
(2) Commercial General Liability Insurance with a $ 1,000,000 Combined Single Limit. The policy
shall be on the Comprehensive General Liability 1986/90 occurrence form, and shall include
coverage for acts of independent contractors, and shall name Brazos County as an additional
insured. Waiver of subrogation is required. No claims made policies are acceptable without
prior approval by the Commissioners CouWRisk Management.
(3) Automobile Public Liability Insurance with a $ 500,000 Combined Single Limit, in all self -
propelled vehicles used in connection with the contract, whether owned, non -owned or hired.
Waiver of subrogation is required.
The Certificate of Insurance furnished to Brazos County shall contain a provision that coverage under
such policies shall not be canceled or materially changed until at least 30 days prior written notice has
been given to Brazos County
Vol. 211 Pg. /_
SOQ Continuation Sheet SOQ Request No. 2014-07
BRAZOS COUNTY, TEXAS Page 5 of 7 Pages
LIMITATIONS
The parties are aware that there are constitutional and statutory limitations on the authority of Brazos
County to enter into certain terms and conditions of the Agreement, including, but not limited to,
authorizations of the placement of liens on Brazos County property; disclaimers and limitations of
warranties; disclaimers and limitations of liability for damages; waivers, disclaimers and limitations of
legal rights, remedies, requirements and processes; limitations of periods to bring legal action; granting
control of litigation or settlement to another party; liability for acts or omissions of third parties;
payment of attorneys' fees; dispute resolution; indemnities; and confidentiality (collectively, the
"Limitations "). Any Agreement terms and conditions related to the Limitations will not be binding on
Brazos County except to the extent authorized by the laws and Constitution of the State of Texas.
COVE, RAGES/WAGES
Nothing in this Agreement shall be construed as making Brazos County responsible for the payment of
compensation and/or any benefits for Contractor including health, property, motor vehicle, workers'
compensation, disability, death, and dismemberment insurance for the Contractor's employees and/or
equipment. Nothing in the Agreement shall be construed as making Brazos County responsible for
wages, materials, logistical support, equipment, and related travel expenses incurred by the Contractor.
SOVEREIGN IMMUNITY
The parties understand that Brazos County does not waive or relinquish any immunity or defense on
behalf of itself, officers, employees, agents, and volunteers as a result of its execution of this Agreement
and the performance of the covenants contained herein. Further, Brazos County is not responsible for
any civil liability that arises from any act or omission made within the course and scope of this
Agreement. The Parties understand and agree that Brazos County does not assume civil liability under
any theory of law for the actions of the Contractor in providing services hereunder.
NOTICES
Notices shall be mailed to the addresses designated herein or as may be designated in writing by the
parties from time to time and shall be deemed received when sent postage prepaid U.S. Mail to the
following addresses:
BRAZOS COUNTY:
Brazos County, Texas
Duane Peters, Brazos County Judge
200 South Texas Avenue, Suite 332
Bryan, Texas 77803
CONTRACTOR:
Sales Contact Name: Phoue Number: Billing Info:
ASSIGNABILITY
This agreement may not be assigned without the prior written permission of Brazos County.
Vol. 211 Pg. LZ—
I'
SOQ Continuation Sheet
BRAZOS COUNTY, TEXAS
SOQ Request No. 2014 -47
Page 6 of 7 Pages
FISCAL FUNDING CLAUSE
Notwithstanding any provisions contained herein, the obligations of Brazos County are expressly
contingent upon the availability of funding for the obligations contained herein for the term of the
Agreement and any extensions thereto.
AVAILABILITY AND RETENTION OF RECORDS
All records relating to the service provided under this contract and supporting documentation for invoices
submitted to Brazos County by the Contractor shall be retained and made available by the Contractor for
audit by Brazos County, it duly authorized representatives, the State of Texas (including, but not limited
to the Auditor of the State of Texas, Inspector General or duly appointed law enforcement officials) and
agencies of the United States Government. Such records shall be returned by Contractor and made
available for any time period required by state or federal law. If changes occur in the governing state or
federal law, regarding retention records, Contractor shall comply with such changes. If an audit is
initiated before the expiration of such time periods required by state or federal law regarding retention of
records, the Contractor shall retain such records until the audit is concluded and all issues resolved.
Contractor shall provide Brazos County with copies of such audits that be conducted with respect to the
contract.
AUDIT RESPONSIBILTY
The Contractor shall be responsible for receiving, replying to and/or complying with any audit exception
by appropriate federal, state or local audit directly related to the provision of this contract.
The Contractor shall repay to Brazos County the full amount received for duplicate billings, erroneous
billings, false or deceptive claims, The Contractor recognizes and agrees that Brazos County may
withhold any money due and recover through any appropriate method any money erroneously paid under
this contract if evidence exists of less than full compliance with this contract.
Vol. 211 Pg.
SOQ Continuation Sheet SOQ Request No. 2o14 -47
BRAZOS COUNTY, TEXAS Page 7 of 7 Pages
INDEMNIFICATION
The Contractor shall defend, indemnify and save harmless Brazos County and all its officers, agents, and
employees from all suits, actions, or claims of any character, name and description including attomey,s
fees expenses brought for or on account of any injuries or damages received or sustained by any person
or persons or property, by or from the said Contractor or his employees or by or in consequence of any
negligence in safeguarding the work, or through the use of unacceptable materials in construction of the
work, or by or on account of any act of omission, the Worker Compensation Law or any other law,
ordinance, order or decree, and so much of the money due the said Contractor under and by virtue of his
contract as shall be considered necessary by Brazos County may be retained for the use of Brazos
County, or in case no money is due, his sureties shall be held until suit or suits, action or actions, claim
or claims for injury or damages as aforesaid shall have been settled and satisfactory evidence to that
effect furnished Brazos County. Contractor shall defend, indemnify and save harmless Brazos County,
its officers, agents and employees in accordance with this indemnification clause regardless of whether
the injury or damage is caused in part by Brazos County, its officers, agents or employees.
The undersigned affirms that they are duly authorized to execute this contract, that this proposal has not
been prepared in collusion with any other Proposer, and that the contents of this proposal have not been
communicated to any other Proposer prior to the official opening of this proposal. The signatory also
agrees to all provisions and specifications of this contract.
Typed Name: . rei M s. :a
Company Name: ffigrl� sk&jl�tLe, Phone No.
Email Address:
Mailing Address:
P. 0. Box or
Zip
Employer Identification Number: 1" 75 -a qrx 61 -2
Approved G Co ' onrt on this JIt day of 2014 by
olding the position of Jud
Vol. 211
I'tr
AGREEMENT BETWEEN COUNTY AND SURVEYOR
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION
WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR
MODIFICATION.
THIS AGREEMENT is made on the 14 day of October -12014,
Between the COUNTY:
and the SURVEYOR:
BRAZOS COUNTY, TEXAS
c/o Brazos County Commissioners' Court
Attention: County Judge
200 South Texas Ave„ Ste. 332
Bryan, Texas 77803
Strong Surveying
1722 Broadmoor, Ste. 105
Bryan. TX 77802
for the following PROJECT: Professional SURVEYORing and Surveying Services for
1 Topographic survey of the Maintenance Building area including surveyina and CAD file
The COUNTY and SURVEYOR agree as set forth below.
TICLE
SURVEYOR'S RESPONSIBILITY
1.1 SURVEYOR'S SERVICE
1.1.1 The SURVEYOR'S services consist of those services performed by the SURVEYOR,
SURVEYOR' S employees and the SURVEYOR' S consultants as enumerated in Articles 2 and 3
of this Agreement.
1.1.2 The SURVEYOR'S services shall be performed as expeditiously as is consistent with
professional skill and care and the orderly progress of the Work. The SURVEYOR shall submit
for the COUNTY'S approval a schedule for the performance of the SURVEYOR'S services
which may be adjusted as the Project proceeds and shall include allowances for periods of time
required for the COUNTY'S review and for approval of submissions by authorities having
Agreement Between Comty and SURVEYOR Page 1 of 10
Vol. 211 Pg.
jurisdiction over the Project. Time limits established by this schedule approved by the
COUNTY shall not except for reasonable cause, be exceeded by the SURVEYOR or the
COUNTY.
ARTICLE II
SCOPE OF SURVEYOR'S BASIC SERVICES
2.1 DEFINITION
2.1.1 The SURVEYOR'S Basic Services consist of those described in attached Exhibit "A"
and incorporated by reference hereto — SCOPE OF BASIC SERVICES TO BE PROVIDED BY
Strona Surveying TO BRAZOS COUNTY.
ARTICLE III
ADDITIONAL SERVICES
3.1 GENERAL
3.1.1 The services described in attached Exhibit "A" as Additional Services are not included in
the Basic Services. It is expressly understood and agreed that SURVEYOR shall not famish any
of the additional services without the prior written authorization of the COUNTY or the
COUNTY'S designee. The COUNTY shall have no obligation to pay for such additional
services, which have been performed without the prior written authorization of the COUNTY as
herein above provided.
3.1.2 . Services which could possibly be required, but at the time of this Agreement were yet to
be determined and which are not included in the Basic Services or Additional Services as
identified and described in EXHIBIT "A ", shall be considered Contingent Additional Services.
A list of possible Contingent Additional Services that could be needed as the Project proceeds is
included at the end of Exhibit "A."
3.1.3 It is expressly understood and agreed that the SURVEYOR shall not furnish any of the
Contingent Additional Services without the prior written authorization of the COUNTY or the
COUNTY'S designee. The COUNTY shall have no obligation to pay for such Contingent
Additional Services, which have been performed without the prior written authorization of the
COUNTY as herein above provided.
ARTICLE IV
COUNTY'S RESPONSIBILITY
4.1 The COUNTY shall provide full information regarding requirements for the Project,
including a program, which shall set forth the COUNTY's objective, schedules, constraints and
criteria.
4.2 The COUNTY shall establish and update an overall budget for the Project, including the
Construction Cost, the COUNTY'S other costs and reasonable contingencies related to all of
these costs.
4.3 The COUNTY shall designate a representative authorized to act on the COUNTY'S
behalf with respect to the Project. The COUNTY, or such authorized representative, shall render
AgreemeotBetnm County end SURVEYOR
Vol. 2 11 Pg.�
Page 2 of 10
decisions in a timely manner pertaining to documents submitted by the SURVEYOR in order to
avoid unreasonable delay in the orderly and sequential progress of the SURVEYOR'S service.
4.4 The COUNTY shall give prompt written notice to the SURVEYOR if the COUNTY
becomes aware of any fault or defect in the Project or non - conformance with the contract
documents. Any delay by the COUNTY in providing said notice shall not constitute a waiver, a
bar or act to estop the COUNTY from exercising any of its rights under this contract.
4.5 Examine all studies, reports, sketches, drawings, specifications, proposals and other
documents presented by the SURVEYOR, obtain advice of an attorney, insurance counselor and
other consultants as the COUNTY deems appropriate for such examination and render in writing
decisions pertaining thereto within a reasonable time so as not to delay the services of the
SURVEYOR.
4.6 The proposed language of certificates or certifications requested of the SURVEYOR or
the SURVEYOR'S consultants shall be submitted to the SURVEYOR for review and approval at
least 14 days prior to execution. The COUNTY shall not request certifications that would
require knowledge or services beyond the scope of this Agreement.
4.7 The COUNTY shall also provide those specific items identified in the attached Exhibit A
incorporated by reference hereto — ITEMS TO BE PROVIDED BY THE COUNTY TO THE
SURVEYOR
ARTICLE V
�TRUCTION COST
5.1 DEFINITION
5.1.1 The Construction Cost shall be the total cost or estimated cost to the COUNTY of all
elements of the Project designed or specified by the SURVEYOR.
5.1.2 The Construction Cost shall include the cost at current market rates of labor and materials
furnished by the COUNTY and equipment designed, specified, selected or specially provided by
the SURVEYOR, plus a reasonable allowance for the Contractor's overhead and profit. In
addition, a reasonable allowance for contingencies shall be included for market conditions at the
time of bidding and for changes in the work during construction.
5.1.3 Construction Cost does not include the compensation of the SURVEYOR and the
SURVEYOR'S consultants, the costs of the land, right -of -way, financing or other costs which
are the responsibility of the COUNTY.
5.2 RESPONSIBILITY FOR CONSTRUCTION COSTS
5.2.1 Evaluations of the COUNTY'S Project budget, preliminary estimates of Construction
Cost and detailed estimates of Construction Cost, if any, prepared by the SURVEYOR, represent
the SURVEYOR'S best judgment as a design professional familiar with the construction
industry. It is recognized, however, that neither the SURVEYOR nor the COUNTY has control
over the cost of labor, materials or equipment, over the Contractor's methods of determining bid
prices, or over competitive bidding, market or negotiating conditions. Accordingly, the
SURVEYOR cannot and does not warrant or represent that bids or negotiated prices will not
Agreement Batmen Cowty and SURVEYOR
Vol. 2 11 Pg. _Z.,
Page 3 of 10
vary from the COUNTY'S Project budget or from any estimate of Construction Cost or
evaluation prepared or agreed to by the SURVEYOR.
ARTICLE VI
USE OF SURVEYOR'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS
6.1 The COUNTY shall be the absolute and unqualified owner of all drawings, preliminary
layouts, record drawings, sketches and other documents prepared pursuant to this Agreement by
the SURVEYOR with the same force and effect as if the COUNTY prepared same. Copies of
complete or partially completed mylar reproducible, preliminary layouts, record drawings,
sketches and other documents prepared pursuant to this Agreement shall be delivered to the
COUNTY when and if this Agreement is terminated or upon completion of this Agreement,
whichever occurs first. The SURVEYOR may retain one set of reproducible copies of the
documents and these copies shall be for the SURVEYOR'S sole use in preparation of studies or
reports for the COUNTY. The SURVEYOR is expressly prohibited from selling, licensing, or
otherwise marketing or donating these documents, or using the documents in preparation of other
work for any other client, without the prior express written permission of the COUNTY.
6.2 All documents including reports, drawings and specifications prepared by the
SURVEYOR pursuant to this Agreement are instruments of service in respect of the Project.
They are not intended or represented to be suitable for reuse by the COUNTY or others on
extensions of the Project or on any other project. Any reuse without written verification or
adaptation by the SURVEYOR for the specific purposes intended will be at the COUNTY'S sole
risk and without liability or legal exposure to the SURVEYOR. Any such verification or
adaptation will entitle the SURVEYOR to further compensation at rates to be agreed upon by the
COUNTY and the SURVEYOR.
6.3 Submission or distribution of documents to meet official regulatory requirements or for
similar purposes in connection with the Project is not to be construed as publication in
derogation of the SURVEYOR'S reserved rights.
ARTICLE VII
TERMINATION, SUSPENSION OR ABANDONMENT
7.1 This Agreement may be terminated by either party upon not less than fourteen (14) days
written notice should the other party fail to substantially perform in accordance with the terms of
this Agreement through no fault of the party initiating the termination.
7.2 If the COUNTY suspends the Project for more than thirty (30) consecutive days, the
SURVEYOR shall be compensated for services performed prior to notice of such suspension.
7.3 This Agreement may be terminated by the COUNTY upon not less than fourteen (14)
days written notice to the SURVEYOR in the event that the Project is permanently abandoned.
If the COUNTY abandons the Project for more than ninety (90) consecutive days, the
SURVEYOR may terminate this Agreement by giving written notice.
7.4 If the COUNTY fails to give prompt written authorization to proceed with any phase of
services after completion of the immediately preceding phase, the SURVEYOR may, after
giving seven (7) days written notice to the COUNTY, suspend services under this Agreement.
Agreement Between County end SURVEYOR
Vol. 211 Pg.
Page 4 of 10
7.5 Failure of the COUNTY to make payments to the SURVEYOR in accordance with this
Agreement shall be considered substantial nonperformance and cause for termination.
7.6 If the COUNTY fails to make payment when due to the SURVEYOR for services and
expenses, the SURVEYOR may, upon seven (7) days written notice to the COUNTY, suspend
performance of services under this Agreement. Unless the SURVEYOR receives payment in full
within seven (7) days of the date of the notice, the suspension shall take effect without further
notice. In the event of a suspension of services, the SURVEYOR shall have no liability to the
COUNTY for delay or damage caused by the COUNTY because of suspension of services.
7.7 hi the event of termination that is not the fault of the SURVEYOR, the SURVEYOR
shall be compensated for services performed prior to termination, together with Reimbursable
Expenses, if any, then due.
ARTICLE VIII
MISCELLANEOUS PROVISIONS
8.1 Unless otherwise provided, this Agreement shall be governed by the law of the principal
place of business of the COUNTY. Venue for any dispute or disagreement regarding the terms
of this Agreement shall be in Brazos County, Texas.
8.2 Causes of action between the parties to this Agreement pertaining to acts or failures to act
shall be deemed to have accrued and the applicable statutes of limitation shall commence to run
not later than either the date of Substantial Completion, or the date of issuance of the final
Certificate for Payment for acts or failures to act occurring after Substantial Completion.
8.3 The COUNTY and the SURVEYOR, respectively, bind themselves, their partners,
successors, assigns and legal representatives to the other party to this Agreement and to the
partners, successors, assigns and legal representative of such other party with respect to all
covenants of this Agreement. Neither the COUNTY nor the SURVEYOR shall assign this
Agreement without the express written consent of the other party.
8.4 This Agreement represents the entire integrated agreement between the COUNTY and
the SURVEYOR and supersedes all prior negotiations, representations or agreements, either
written or oral. This Agreement may be amended only by written instrument signed by both the
COUNTY and the SURVEYOR.
8.5 Nothing contained in this Agreement shall create a contractual relationship with or
cause of action in favor of a third party against either the COUNTY or the SURVEYOR.
8.6 Unless : otherwise provided for in this Agreement, the SURVEYOR and the
SURVEYOR'S consultants have no responsibility for the discovery, presence, handling, removal
or disposal of, or exposure of persons to, hazardous materials in any form at the Project site,
including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB) or other
toxic substances.
8.7 The SURVEYOR shall have the right to include representations of the design of the
Project, including photographs, among the SURVEYOR'S promotional professional materials.
The SURVEYOR'S materials shall not include the COUNTY'S confidential or proprietary
Agreement Between County and SURVEYOR
Vol. 211 Pg.
Page 5 of 10
information, if the COUNTY has previously advised the SURVEYOR in writing of the specific
information considered by the COUNTY to be confidential or proprietary.
8.8 COMPLIANCE AND STANDARDS. The SURVEYOR agrees to perform the work
hereunder in accordance with generally accepted standards applicable thereto, and shall use that
degree of care and skill commensurate with the surveying profession to comply with all
applicable state, federal and local laws, ordinances, rules and regulations relating to the work to
be performed hereunder and the SURVEYOR'S performance.
8.9 SURVEYING SERVICES: In accordance with the Professional Land Surveying
Practices Act of 1989, the COUNTY is informed that any complaints about surveying services
may be forwarded to the Texas Board of Professional Land Surveying, 7701 North Lamar, Suite
400, Austin, Texas 78752, (512) 452 -9427.
8.10 INDEMNIFICATION: SURVEYOR shall save and hold harmless the COUNTY from
and against any and all claims and liability due to activities of the SURVEYOR, its agents or
employees, performed under this Agreement and which result from any negligent act, error, or
omission of the SURVEYOR, or of any person employed by the SURVEYOR. The
SURVEYOR shall also save harmless the COUNTY from and against any and all expenses,
including attorney's fees which might be incurred by the COUNTY in litigation, or otherwise,
resisting said claims or liabilities which might be imposed on the COUNTY as the result of such
activities by the SURVEYOR, its agents or employees.
8.11 LIQUIDATED DAMAGES: It is acknowledged that the SURVEYOR's failure to
achieve substantial completion of the Work within the Contract Time provided by the Contract
Documents will cause the COUNTY to incur substantial economic damages and losses of types
and in amounts which are impossible to compute and ascertain with certainty as a basis for
recovery by the COUNTY of actual damages, and that liquidated damages represent a fair,
reasonable and appropriate estimate thereof. Accordingly, in lieu of actual damages for such
delay, the SURVEYOR agrees that liquidated damages may be assessed and recovered by the
COUNTY as against SURVEYOR and its Surety, in the event of delayed completion and
without the COUNTY being required to present any evidence of the amount or character of
actual damages sustained by reason thereof, therefore SURVEYOR shall be liable to the
COUNTY for payment of liquidated damages in the amount of
$0 for each day that Substantial Completion is delayed
beyond the Contract Time as adjusted for time extensions provided by the Contract Documents.
Such liquidated damages are intended to represent estimated actual damages and are not intended
as a penalty, and SURVEYOR shall pay them to COUNTY without limiting COUNTY's right to
terminate this agreement for default as provided elsewhere herein.
ARTICLE IX
PAYMENTS TO THE SURVEYOR
9.1 PAYMENTS ON ACCOUNT OF BASIC SERVICES
9.1.1 Upon approval by the COUNTY, or the COUNTY'S designee, payment for Basic
Services shall be made monthly and shall be in proportion to services performed that month
within each phase of service.
Agreement Betwem County end SURVEYOR
Vol. 211 Pg. �
Page 6 of 10
9,2 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES
9.2.1 Upon approval by the COUNTY or the COUNTY'S designee of the SURVEYOR'S
statement of services rendered or expenses incurred, payment on account of the SURVEYOR'S
Additional Services and for Reimbursable Expenses shall be made monthly.
9.3 PAYMENTS WITHHELD
9.3.1 No deductions shall be made from the SURVEYOR'S compensation on account of
penalty, liquidated damages or other sums withheld from payments to Contractors, or on account
of the cost of changes in the Work other than those for which the SURVEYOR has been found to
be liable,
9.4 SURVEYOR'S ACCOUNTING RECORDS
9.4.1 Records of Reimbursable Expenses pertaining to Additional Services and services
performed on an hourly basis shall be available to the COUNTY or the COUNTY'S authorized
representative at mutually convenient times.
9.5 LIMIT OF APROPRIATION
9.5.1 Prior to the execution of this Agreement, the SURVEYOR has been advised by the
COUNTY and the SURVEYOR fully understand and agrees, such understanding and agreement
being of the absolute essence to this Agreement, that the total maximum compensation that
SURVEYOR may become entitled to hereunder, and the total maximum sum that the COUNTY
shall become liable to pay to the SURVEYOR hereunder, shall not under any conditions,
circumstances or interpretations hereof, exceed the sum certified as available by the County
Auditor in the Auditor's Certificate attached hereto.
ARTICLE X
BASIS OF COMPENSATION
The COUNTY shall compensate the SURVEYOR from funds obtained through current revenue
of Brazos County as follows:
10.1 BASIC COMPENSATION
10.1.1 For Basic Services, as described in Article 2, Basic Compensation shall be computed as
follows:
In accordance with the attached Exhibit "A" incorporated by reference hereto, SCBEDULE OF
FEES.
10.2 COMPENSATION FOR ADDITIONAL SERVICES
10.2.1 For Additional Services of the SURVEYOR, as described in Article 3, compensation
shall be computed as follows:
Agroement Between County and SURVEYOR
Vol. 211 Pg..2�
Pap 7 of 10
In accordance with the attached Exhibit "A" incorporated by reference hereto, SCHEDULE OF
FEES.
10.3 COMPENSATION FOR CONTINGENT ADDITIONAL SERVICES
10.3.1 For Contingent Additional Services of the SURVEYOR, as described in Article 3,
compensation shall be computed as follows:
In accordance with the attached Exhibit "A" incorporated by reference hereto, SCHEDULE OF
FEES.
10.3.2 Payments shall be made by the COUNTY in accordance with Texas Government Code
Chapter 2251. The COUNTY shall pay the SURVEYOR'S statement as approved by the
COUNTY's designee within thirty (30) days after the COUNTY'S designee's approval of the
same, provided that the approval or payment of any such statement shall not be considered to be
evidence of performance by the SURVEYOR to the point indicated by such statement or of
receipt or acceptance by the COUNTY of the work covered by such statement.
ARTICLE XI
OTHER CONDITIONS OR SERVICES
11.1 INSURANCE
11.1.1 The SURVEYOR shall file with the COUNTY a Certificate of Errors and Omissions
Insurance having minimum limits of One Million and No /100 Dollars ($1,000,000.00) for each
occurrence and annual One Million and No /100 Dollars ($1,000,000.00) aggregate. Such Errors
and Omissions Insurance shall have a deductible not in excess of Two Hundred Thousand and
No /100 Dollars ($200,000.00) self - insured. Such Certificate shall bear the endorsement "Not to
be canceled without thirty (30) days prior notice to BRAZOS COUNTY, TEXAS." The
SURVEYOR shall maintain the Errors and Omissions Insurance at all times this Agreement is in
effect and for a period of five (5) years after completion of the Project. Failure to maintain the
required insurance shall be deemed to be a material breach of this Agreement.
11.1.2 The SURVEYOR shall also provide Worker's Compensation, automobile and
comprehensive general liability policies. The SURVEYOR shall deliver the insurance
certificates to the COUNTY. The coverage provided herein shall contain an endorsement
providing thirty (30) days notice to the COUNTY prior to any cancellation of coverage. Said
coverage shall be written by an insurer acceptable to the COUNTY and shall be in a form
acceptable to the COUNTY. If the SURVEYOR has canceled or allowed to lapse any of these
insurance policies then the COUNTY may pay for such insurance and may hold the amount of
such payment out of the SURVEYOR's fees or be otherwise reimbursed. Failure to maintain the
required insurance shall be deemed to be a material breach of this Agreement.
11.2 PERIODS OF SERVICE
11.2.1 The SURVEYOR shall begin work immediately upon receipt of the Notice -to- Proceed in
writing by the COUNTY or the COUNTY's designee. The project will proceed according to the
schedule shown in Exhibit "A." The schedule makes certain assumptions regarding review
processes and other activities that are beyond the control of the SURVEYOR.
Agmement Between County and SURVEYOR
Vol. 211 Pg. 4• /
Page S of 10
11.2.2 Working days shall be defined as standard workdays between Monday and Friday,
exclusive of holidays.
11.2.3 This schedule assumes an orderly progression of the SURVEYOR'S services. Delays
beyond the control of the SURVEYOR may be cause for extension of this period of service, in
which case the SURVEYOR shall submit in writing to the COUNTY its request for such
extensions a minimum of thirty (3 0) calendar days prior to the end of the affected service period.
11.2.4 If the COUNTY has requested significant modifications or changes in the general scope,
extent or character of the Project, the time or performance of the SURVEYOR'S services shall
be adjusted equitably.
Agreement Between County end SURVEYOR
Vol. 211 Pg. a0
Page 9 of 10
This Agreement entered into as of the day and year first written above.
The undersigned officers and/or agents of the parties hereto are the properly authorized officials
and have the necessary authority to execute this Agreement on behalf of the parties hereto, and
each party hereby certifies to the other that any necessary resolution extending said authority
have been duly passed and are now in force and effect.
BRAZOS COUNTY, TEXAS SURVEYOR FIRM
Duane Peters, County Judge by:
Principal
Acting by and through the authority of
the Brazos County Commissioners Court
Attest:
Approved as to Form:
Ageemmt Bctw n County and SURVEYOR
Vol. 211 Pg. I%
i
Page 10 of 10
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)
Witness my hand this day of (/1 A.D. 2014
Karen McQueen] 9
County Clerk, County of BRAZOS, State of Texas
Examined and approved in open Commissioners' Court this I C r day of
1Uuane Peters, county juage
X%z rvtc�,
Lloyd Wassermann, Commissioner Precinct #1
Commissioner Precinct #2
c
Kenny Mallard, &,o)nmissioner P ecinct 0
01
irnia Cau*, Commissioner ec ct #4
Treasurer's Report for the MONTH AUGUST 2014
Vol. 211 Pg.
Vol. 211 PLY. 3)
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Vol. 211 PLY. 3)
O
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS) FOR THE 2013 -2014 BUDGET YEAR
NO. 13/14 52.1— 52.6
On this the 14th day of October 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 14th day of October 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 14th day of October 2014.
THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS.
By:
Duane Peters, County Judge
Original: County Clerk's Office and
Attached to the original budget
Vol. 211 Pg. . 3;L
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 13!14. 52.1
NAME
Vol. 211 Pg. �3
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 13114. 52.2
1011412014
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Vol. 211 Pg. -55z
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 13/14.52.3
10/14/2014
FUND DIV I ACCT PROJ I DR/CR ACCOUNT NAME Increase Decrease
0100 28002000 53300000 CR Employee Heath Insurance 12,000.00
0100 28002000 65350000 DR Gasoline 12 000.00
Jail
Reallocation of funds to cover for gasoline averages for FY 14.
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COUNTY, TEXAS
AMENDMENTS
13114-52.4
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 13114 - 52.5
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Vol. 211 Pg.
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 13/14 - 52.6
10114/2014
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General Fund Contingency and Court Support - Civil
RcaUocation of fands to cover for contract placeme overages for FY 14.
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT(S) FOR THE 2014 -201'
NO. 14/15 2.1— 2.5
On this the 14th day of October 2014 at a regular meeting of the ng
members were present:
A. Duane Peters, County Judge, Presiding
B. Lloyd Wassermann, Commissioner, Precinct I
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 14th day of October 2014 the Court heard and approved a budget amendment
for the 2014 -2015 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 9 September 2014, the following
amendment(s) to the original budget are hereby authorized, as described on the attached page(s).
ADOPTED AND APPROVED this the 14th day of October 2014.
THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS.
By.
Du a Peters, County Judge
Original: County Clerk's Office and
Attached to the original budget
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 14113 - 2.1
10/14/2014
f
;Department )p a{ �_�� Date ,
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 14115 - 2.2
10/14/2014
FUND
DIV
ACCT
PROJ
DR/CR
ACCOUNT NAME
Increase
Decrease
4500
63000500
80890000
CR
Vehicles
548,614.12
4500
63000500
80891800
DR
Vehicles - CA
23,091.62
4500
63000500
80891900
DR
Vehicles - DA
44 560.00
4500
63000500
80892800
DR
Vehicles - SO
199,827.77
4500
63000500
80893010
DR
Vehicles - Constable Pct. #1
51,395.50
4500
63000500
80893020
DR
Vehicles - Constable Pct. #2
77,639.41
4500
63000500
80893030
DR
Vehicles - Constable Pct. #3
51,766.40
4500
63000500
80893040
DR
Vehicles - Constable Pct. #4
48,303.42
4500
63000500
80895600
DR
Vehicles - R &B
52,030.00
Capital Projects
Reallocation of fimds to cover the utchase of vehicles and equipment.
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 14!15 - 2.3
donation from Halcon Resources Operating, Inc to be utilized by Road & Bridge for materials/botmix overlay on Leonard
ion was aooroved in Commissioners Court on October 7. 2014. Item #1 R.
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 14115 - 2.4
MEMO-,
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Inmate
of funds to cover the
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 14115 - 2.5
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PERSONNEL g
CHANGE OF STATUS REQUESTS
Commissioner Court Date: October 14, 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
Road and Bridge
Carpio, Macario
Transfer w /in Dept.
Coborn, Jesse
Transfer whn Dept.
Shriver, James
New Hire
Sheriff Department
Arredondo, Guadalupe
Resignation
Basey, Jerry
Step Increase
Benavides, Francisco
Step Increase
Dobbins, Samuel
Step Increase
Dozier, Kelly
Step Increase
Miller, Forrest
Step Increase
Pedersen, Zane
Step Increase
Re, Brittany
Step Increase
Stubblefield, Nicholas
Step Increase
Approved in Commissioners' Court: Octobe t14 4:
County Judge's or Commissioner's Signature
(This Copy to be attached to minutes)
1
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disclose information relating to the terms, conditions or contents of this Agreement to the extent
required to enforce his respective rights and obligations under the Agreement.
7. Communications to Third Parties:
Employee agrees not to communicate or disseminate in any form or manner whatsoever to any
individual, company, governmental body or agency, or any other entity, any false or derogatory
information about the Employer, its officials, elected officials, agents, employees or representatives
regarding the subject matter hereof. This provision does not limit the Employee's rights to comment
on matters of public concern which occur during his continued employment with or after separation
from the County. The Employer and Employee further agree that Employee may provide information,
even if derogatory in nature, pursuant to a valid subpoena or other compulsory process.
8. Integration and Modification:
This Agreement constitutes the entire agreement by and between the parties hereto with respect to the
subject matter hereof and may be modified or amended only in writing signed by both parties. This
Agreement specifically supersedes all conversational discussions, representations and/or agreements
by and between the parties with respect to the solution of the differences and disputes existing
between the parties that are the subject matter hereof.
9. Construction and Severability:
(a) This Agreement is entered into and shall be construed, interpreted and performed in
accordance with the laws of the State of Texas.
(b) If any of the provisions, terms or clauses of this Agreement is declared illegal, unenforceable
or ineffective in a legal forum or by operation of law, those provisions, terms and terms and
clauses shall be deemed severable, such that nil other provisions, terms and clauses of this
Agreement shall remain valid and binding upon both parties.
10. Counterparts:
This Agreement will be executed simultaneously in any number of counterparts, each of which shall
be deemed an original and all of which shall be deemed one and the same instrument.
11. Consideration:
Employee affirms that the only consideration of his signing this Agreement is the terms stated above.
12. Binding Effect:
This Agreement shall be binding upon, and shall inure to the benefit of Employee and his heirs,
administrators or representatives, successors and assigns. It also shall be binding upon, inure to the
benefit of the County, its members, directors, officials, elected officials, officers, current or former
agents, representatives and employees, and its successors and assigns,
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13. Reviews by Counsel:
Employee acknowledges that he has been advised to consult an attorney regarding this Agreement,
and that he has satisfied himself that its provisions are acceptable to him.
14. Employee's Acceptance:
Employee's signature below indicates his knowledge and agreement that he has read this Agreement,
that he understands its terms, that he enters into it freely and voluntarily, and that he has been given
the opportunity to consult with an attorney.
IN WITNESS WHEREOF, the aforementioned parties, intending to be legally bound, have
executed this Agreement.
BRAZOSCOUNTY
0
Duane Peters, County Judge
Edward Cuevas
By: ,
kuca Cuevas
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