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Home My WebLink About2014-11-18-10:00AM REGULAR MEETING8 PRINT BRAZOS COUNTY BRYAN,TEXAS 2814 ilO' 14 P 3: t4l NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON NOVEMBER 18, 2014 AT 10:00 AM IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVE., SUITE 106, BRYAN, TX 77803 1. Invocation and Pledge of Allegiance - U.S. and Texas Flag - Chaplain G.H. Jones and Judge Peters 2. Call for Citizen input and /or concerns. Consider and take action on agenda items 3 - 32: 3, Resolution 14-025 in honor of the outstanding service the Honorable J.D. Langley has Provided Brazos County, and Proclaiming November 20 2014 "J .D. Langley Day." 4. Removal of the following fire commissioners for Emergency Service District #2 for failure to comply with Health & Safety Code Sec. 775.062: • a. Justin Irick. President • b. Diana Kurten Treasurer & Secretary 5. Appointment of the following as fire commissioners for Brazos County Emergency Services District #2• term of appointments are 11/1612014 to 1 213112 01 4: • a. Justin Irick, President • b. Diana Kurten Treasurer & Secretary 6. Reappointment of the following as fire commissioners for Brazos County Emergency Service District #2• term of appointments are 1/1/2015 to 12131/2016: — vA.-i Pa. � — — . —4 • a. Justin trick • b. Diana Kurten • c. Lam West 7. Reappointment of the following as fire commissioners for Brazos County Emercencv Service District #4• term of appointments are 111/2015 to 1 213 112 01 6: F1! 91 10. 11. 12. • a. Joe Ondrasek • b. Jessie Contreras Approval of Move Out Notice for the Family Court Annex to vacate the premises on December 31 2014. 13. Payment Authorization to Texas Communications in the amount of $180.00 for repairs to radio In Constable Pct 2 reserve vehicle: a purchase orderwas not obtained in advance. 14. Payment Authorizations to reimburse 121 Investigators for their window tint expense on county vehicles in the amount of $216.60 each; a purchase order was not obtained in advance. 15. Payment authorization to the Bexar County Medical Examiners Office in the amount of $2750.00 for testimony- a purchase order was not obtained in advance. 16. Approval of revised Cellular Phone! Pager Policy, 17. Acceptance of donated property in the form of nine rifles for the Brazos County Sheriffs Department 18. Approval of Interlocal Agreement between Harris County and Brazos County and acceptance of donated property in the form of sixty -two 1621 Motorola VML 700 modems for the Brazos County Sheriffs Department. 19. Discuss and Approve Memorandum of Understanding with College Station Independent School District for a Truancy and Delinquency Prevention Program for the School Year 2014 -2015. 20. Services Operations Contract between Brazos County, the Brazos County Sheriffs Office and 2015. 21. Brazos County Detention Center Medical Department is requesting additional funds in the amount of $297.60 for the Durchase of a medical refrigerator. The updated quote is higher than the avoroved amount. 22. Request approval to "No Award" and re- advertise bid 2014.27 Small Equipment Rental 23. Permission to advertise bid 2015 -11 Culverts. Vol. 212 Pg. 24. Consider and take action on Right of Way Easement granting City of Bryan, doing business as Bryan Texas Utilities an easement and right -of -way across Brazos County property. Site is located in Precinct 2. 25. Consider and take action on the Apache Corporation utility permit to install temporary 10" Polyurethane (Flat Hose) water line along the right of way a distance of 1,650 feet on Leonard Road Prolect will provide water to oil well location. Site is located in Precinct 4. 26. 27. Tax Refund Applications for the following: • a. Five Nine Seven Limited Partnership - overpayment- $20.76 • b. Five Nine Seven Limited Partnership- overpayment$5.97 • c. Ricky Bovd- overpayment- $18.72 • d. Brazos County Abstract - overpayment- $16.97 • e. Tina Buchman-overpayment-$11.81 • f. Blanca Montanez & Roberto Reyes- overpayment- $23.68 • g. Affordable Mobile Homes - overpayment- $51.37 • h. Bryan Texas MHC LLC- overpayment- $41.68 28. Budget Amendments. Budget Amendments FY 14115 7.1 thru 7.5 29. Personnel Change of Status. Personnel Action Forms 30. Payment of Claims. 31. Convene into the following Executive Sessions: • a. Executive Session pursuant to Section 551.074 of the Texas Government Code to discuss the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of county personnel. • b. Executive Session pursuant to Section 551.087 of the Texas Government Code to discuss or deliberate economic development negotiations. 32. Consider and possible action on the Executive Sessions. 33. Acknowledgement of the Brazos County Emergency Service District 2 Independent Accountants' Report on Agreed Upon Procedures for year ending September 30 2013 34. Sheriffs report on inmate population. 35. Announcement of interest items and possible future agenda topics. 36. Call for Citizen input and /or concerns. 37. Adjourn. Vol. 212 Pg. BRAZOSCOUNTY BRYAN,TEXAS MINUTES November 18, 2014 BRAZOS COUNTY COMMISSIONERS COURT REGULAR MEETING fL� Signature Paoe.odf Ot File Stamped Aoenda.odf e- Sion in sheelodf 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, November 18, 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. Gary Ives, President of the Springhood Homeowners Association in College Station spoke on the problems voters encountered with their polling place at Fire Station #3 on election day. Most notably, the length of time it took to vote. Vol. 212 Pg. /Go Consider and take action on agenda items 3 - 32: 3. Resolution 14 -025 in honor of the outstanding service the Honorable J.D. Langley has provided Brazos County, and proclaiming November 20, 2014 "J.D. Langley Day." FL� Item 3.edf The County Judge read aloud Resolution #14 -025 proclaiming November 20, 2014 as "J.D. Langley Day ". The Court thanked Judge Langley for his service to Brazos County and congratulated him on his outstanding career. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard, Peters, Wassermann . 4. Removal of the following fire commissioners for Emergency Service District #2 for failure to comply with Health & Safety Code Sec. 775.082: • a. Justin Irick, President • b. Diana Kurten, Treasurer & Secretary IF, Item 4.0 Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley Mallard , Peters , Wassermann . Appointment of the following as fire commissioners for Brazos County Emergency Services District #2; term of appointments are 11/18/2014 to 12/31/2014: • a. Justin Irick, President • b. Diana Kurten, Treasurer & Secretary r~ Item 5.odf Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard, Peters, Wassermann . 6. Reappointment of the following as fire commissioners for Brazos County Emergency Service District #2; term of appointments are 1/1/2015 to 12/31/2016: • a. Justin Irick • b. Diana Kurten • c. Larry West _ IL—�- Item 6.)d Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley Mallard, Peters, Wassermann. Reappointment of the following as fire commissioners for Brazos County Emergency Vol. 212 Pg. Service District #4; term of appointments are 1/1/2015 to 12/3112016: • a. Joe Ondrasek • b. Jessie Contreras M Item TO Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . 8. Request approval to wire transfer up to $300,000 to Texas Health and Human Services Commission (HHSC) as part of the Texas Healthcare Transformation and Quality Improvement Program 1115 Waiver. This intergovernmental transfer (IGT) will provide matching funds to St. Joseph for indigent health care costs under the Uncompensated Care pool of funds. 0 Item 8.pdf Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann. 9. Request approval to wire transfer up to $67,500 to Texas Health and Human Services Commission (HHSC) as part of the Texas Healthcare Transformation and Quality Improvement Program 1115 Waiver. This intergovernmental transfer (IGT) will provide matching funds to St. Joseph for the Prenatal Clinic program. This project is under the Delivery System Reform Incentive Payment (DSRIP) poll of funds. 0 Item 9.0 Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann . 10. Request approval to wire transfer up to $25,000 to Texas Health and Human Services Commission (HHSC) as part of the Texas Healthcare Transformation and Quality Improvement Program 1115 Waiver. This intergovernmental transfer (IGT) will provide matching funds to Texas A &M Health Science Center for the Health For All program. This project is under the Delivery System Reform Incentive Payment (DSRIP) pool of funds. n- Item 10.pdf Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . 11. Request approval to wire transfer up to $10,000 to Texas Health and Human Services Commission (HHSC) as part of the Texas Healthcare Transformation and Quality Improvement Program 1115 Waiver. This intergovernmental transfer (IGT) will provide matching funds to the College Station Medical Center for indigent health care costs under the Uncompensated Care pool of funds. C Item 11.pdf Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . Vol. 212 Pg. 12. Approval of Move Out Notice for the Family Court Annex to vacate the premises on December 31, 2014. R Item 12.odf Brazos County will be vacating the premises leased for the Family Court Annex at 3030 East 29th Street, Suite 113, Bryan, Texas from GGE. Ltd. on December 31, 2014. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . 13. Payment Authorization to Texas Communications in the amount of $180.00 for repairs to radio in Constable, Pct. 2 reserve vehicle; a purchase order was not obtained in advance. n- Item 13.odf Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley , Mallard , Peters , Wassermann . 14. Payment Authorizations to reimburse (2) Investigators for their window tint expense on county vehicles in the amount of $216.50 each; a purchase order was not obtained in advance. ICZ Item 14.odf Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann . 15. Payment authorization to the Bexar County Medical Examiners Office in the amount of $2750.00 for testimony; a purchase order was not obtained in advance. Item 15.odf Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . 16. Approval of revised Cellular Phone / Pager Policy. L:'_ Item 16.0 A copy of the policy is attached. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann. 17. Acceptance of donated property in the form of nine rifles for the Brazos County Sheriffs Department. iL---: Item 17.0 A list of the donated property 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 . 18. Approval of Interlocal Agreement between Harris County and Brazos County and acceptance of donated property in the form of sixty -two (62) Motorola VML 700 modems for the Brazos County Sheriffs Department. Vol. 212 Pg. / 4 - LIZ Donation list.odf Aareement.odf A copy of the agreement and list of the donated property 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 . 19. Discuss and Approve Memorandum of Understanding with College Station Independent School District for a Truancy and Delinquency Prevention Program for the School Year 2014 -2015. dt Item 19.odf A copy of the Memorandum of Understanding 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 . 20. Services Operations Contract between Brazos County, the Brazos County Sheriffs Office, and Recovery Healthcare Corporation for the electronic monitoring program utilized by the Sheriffs Office and the Brazos County Courts. The term of the agreement is October 1, 2014 through September 30, 2015. LR Item 20.0 f A copy of the contract is attached. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard . Peters. Wassermann. 21. Brazos County Detention Center Medical Department is requesting additional funds in the amount of $297.60 for the purchase of a medical refrigerator. The updated quote is higher than the approved amount. 0-- Item 21.od Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann. 22. Request approval to "No Award" and re- advertise bid 2014 -27 Small Equipment Rental. M Item 22.0 f Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann . 23. Permission to advertise bid 2015 -11 Culverts. Lt--- Item 23.odf Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard. Peters. Wassermann . 24. Consider and take action on Right of Way Easement granting City of Bryan, doing business as Bryan Texas Utilities, an easement and right -of -way across Brazos County property. Site is located in Precinct 2. IM Item 24.0 f Vol. 212 Pg. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley , Mallard , Peters , Wassermann . 25. Consider and take action on the Apache Corporation utility permit to install temporary 10" polyurethane (Flat Hose) water line along the right of way a distance of 1,650 feet on Leonard Road. Project will provide water to oil well location. Site is located in Precinct 4. IC, Item 25.odf Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley , Mallard, Peters, Wassermann. 26. Consider and take action on the Verizon utility permit to place 24 fiber optic line within right of way of Louis Mikulin Road and cross under road to Axis Pipe entrance. Line will supply services to Axis Pipe. Site is located in Precinct 4. 141tem 26.odf Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard, Peters, Wassermann. 27. Tax Refund Applications for the following: • a. Five Nine Seven Limited Partnership- overpayment - $20.78 • b. Five Nine Seven Limited Partnership- overpayment -$5.97 • c. Ricky Boyd- overpayment - $18.72 • d. Brazos County Abstract- overpayment - $16.97 • e. Tina Buchman - overpayment - $11.81 • f. Blanca Montanez & Roberto Reyes- overpayment - $23.68 • g. Affordable Mobile Homes - overpayment - $51.37 • h. Bryan Texas MHC LLC- overpayment - $41.68 V' Item 27.1)df Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley Mallard, Peters, Wassermann . 28. Budget Amendments. Budget Amendments FY 14115 7.1 thru 7.5 0 Item 28.odf 7.1 Reallocate funds for Juvenile -TJJD- Mental Health. 7.2 Reallocate funds for Capital Projects- Radios. 7.3 Reallocate funds for Capital Projects for Jail Medical Division. 7.4 Reallocate funds for Capital Projects for Road & Bridge. 7.5 Reallocate funds for County Court at Law #2. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters, Wassermann. 29. Personnel Change of Status. Vol. 212 Pg. —/ Personnel Action Forms f[-� Item 29.odf A copy of the Personnel Change of Status requests 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. 30. Payment of Claims. (Lt BILL LIST 11.18.14.0 f Lf J Claims SheeLOdf 7127469- 7127747 Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard , Peters, Wassermann . 31. Convene into the following Executive Sessions: • a. Executive Session pursuant to Section 551.074 of the Texas Government Code to discuss the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of county personnel. • b. Executive Session pursuant to Section 551.087 of the Texas Government Code to discuss or deliberate economic development negotiations. At this point, the County Judge announced the Court would consider items 33 through 36 then return to convene into Executive Session. Having considered the previously noted agenda items, at 10:25 a.m. the County Judge stated that the Court would convene into Executive Session to deliberate pursuant to Sections 551.074 and Section 551.087 as stated above. The following individuals were asked to stay for the meeting: Jennifer Salazar, Human Resources Director (a only) Candy Gallego, Executive Assistant Bill Ballard, Civil Counsel Kendra Suhling, Civil Counsel 32. Consider and possible action on the Executive Sessions. At 11:03 a.m. the County Judge announced the meeting open to the public and announced that no action would be taken on the Closed Executive Session. 33. Acknowledgement of the Brazos County Emergency Service District 2 Independent Accountants' Report on Agreed Upon Procedures for year ending September 30, 2013. R Item 33.odf The Court acknowledged receipt of the Brazos County Emergency Service District 2 Independent Accountants' Report for year ending September 30, 2013. 34. Sheriffs report on inmate population. Sheriff Chris Kirk stated there were 613 inmates in jail, 55 have electronic monitors and 2 Vol. 212 Piz. dG are pending for monitors. 35. Announcement of interest items and possible future agenda topics. The County Judge congratulated Commissioner Cauley on her appointment to the National Wildlife Services Committee. He also recognized the Brazos Valley Fair for receiving six awards. Commissioner Mallard announced that he will be in Houston for the remainder of the week attending the CUC Conference. The County Judge said he will gone for the remainder of the week as well, attending a Judicial Conference. 36. Call for Citizen input and/or concerns. There was no citizen's input. 37. Adjourn. Vol. 212 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 meeting. Members of the public are reminded that the Brazos County Commissioners Court is a Constitutional Court, with both judicial and legislative powers, created under Article V, Section 1 and Section 18 of the Texas Constitution. As a Constitutional Court, the Brazos County Commissioners Court also possesses the power to issue a Contempt of Court Citation under Section 81.024 of the Texas Local Government Code. Accordingly, members of the public in attendance at any Regular, Special and /or Emergency meeting of the Court shall conduct themselves with proper respect and decorum in speaking to, and/or addressing the Court; in participating in public discussions before the Court; and in all actions in the presence of the Court. Those members of the public who are inappropriately attired and/or who do not conduct themselves in an orderly and appropriate manner will be ordered to leave the meeting. Refusal to abide by the Court's Order and /or continued disruption of the meeting may result in a Contempt of Court Citation. It is not the intention of the Brazos County Commissioners Court to provide a public forum for the demeaning of any individual or group. Neither is it the intention of the Court to allow a member (or members) of the public to insult the honesty and/or integrity of the Court, as a body, or any member or members of the Court, or County employees, individually or collectively. Accordingly, profane, insulting or threatening language directed toward the Court and/or any person in the Court's presence and /or racial, ethnic or gender slurs or epithets will not be tolerated. Violation of these rules may result in the following sanctions: 1. cancellation of a speaker's time; 2. removal from the Commissioners Court; 3. a Contempt Citation; and/or 4. such other and/or criminal sanctions as may be authorized under the Constitution, Statutes and Codes of the State of Texas. The County Commissioners Court can deliberate or take action only if a matter has been listed on an agenda properly posted prior to the meeting. During the public comment period, speakers may address matters not listed on the published agenda. The Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court. However, responses from the County Judge or Commissioners to unlisted public comment topics could become deliberation on a matter without notice to the public. To ensure the public has notice of all matters the Commissioners Court will consider, the County Judge and/or Commissioners may choose not to respond to public comments, except to 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. Vol. 212 Pg. /! The foregoing minutes of the Commissioners Court meeting held November 18, 2014 have been examined and are approved in open Court this 9 day of �I /GCP,rn bP,r , 2014, in Bryan, Brazos County, Texas. L �'- -, :' - Duane Peters County Judge VA�IW4A" - Irm4 Cauley Commissioner, Precinct 4 Attest: Karen McQueen c County Clerk Vol. 212 Pg. /� f Lloyd Wassermarm Commissioner, Precinct 1 &5E Kenny Mallard Commissioner, Precinct 3 Pg I of 2 BRAZOS COUNTY COMMISSIONER'S COURT DAY • - -M ILN11 : 201V Organization (PLEASE PRINT) 6. � Vol. 212 Pg. / 76 lluk ohll Name (PLEASE PRINT) .. f i BRAZOS COUNTY COMMISSIONER'S COURT Q-Ao - & Organization Vol. 212 Pg. Pg Z of?- Regorutf ou Wl UWO, Brazos County has benefited tremendously by having the Honorable J.D. Langley serve in different capacities over a 30 year timespan in a public servant capacity; and Vbtrtas, J.D. Langley has served his country in the United States Marine Corps and was honorably discharged at rank of Captain; and Vbtreas, J.D. Langley has authored numerous articles, papers, and presentations during his career; and lftrtas, J.D. Langley has provided leadership in several civic organizations including positions in the Boy Scouts of America; and Mereag, J.D. Langley has been recognized by entities including the State Bar of Texas, College Station Police Department, and Bryan Police Department for outstanding service and leadership; and 3Yryertas, J.D. Langley continues to serve in capacity to benefit students as a Goverment Instructor teaching weekly; and 30rytr0g, J.D. Langley has exemplified a true public servant by being accessible, accountable, and dependable; and Wberealt, J.D. Langley has administered the Oath of Citizenship to numerous candidates in Brazos County from 1991 to the present day; and 39bertag, Words cannot adequately express our sincere feelings of gratitude to the Honorable J.D. Langley for the sacrifice and service he has provided Brazos County. �t it tjertbp rMlbtb that the Brazos County Commissioners' Court and all of the citizens of Brazos County do hereby acknowledge our boundless and heartfelt gratitude to the Honorable J.D. Langley for his service to Brazos County; and Jilt it further re0olbeb that the Commissioners' Court of Brazos County, meeting in regular session, do approve this resolution for all the world to see and understand and do order and proclaim this 20'" day of November the year of 2014 "J.D. Langley Day," so that all may know how much the citizens of Brazos County value what he has accomplished during his outstanding career. Passed on the 18th day of November, 2014 6 vo of the Commissioners' Court of Brazos County, Texas. Duane Peters A Vol. HIRgi» srt �•'` "/ 3 LLOYD WASSERMANN Precinct 1 (979) 3614106 lwassermann@oo.brazos.b(.us • BRAZOS COUNTY COMMISSIONERS COURT SAMMY CATALENA E. DUANE PETERS Precinct 2 County Judge (979) 3614115 (979) 361 -4102 scatalena @co.brazos.tx.us dpeters@co.brezos.tx.us November 18, 2014 James A. Lewis GGE, Ltd. Galleria Village Tower 1716 Briarcrest Drive, Suite Certified Mail No. 70113500 0003 0363 3197 Return Receipt Requested Re: Move Out Notice Dear Mr. Lewis, G. KENNY MALLARD Precinct (979) 3614105 kmallard@co.br=os.tK.us IRMA CAULEY Precinct 4 (979) 361 -4111 ioauley @co.brazos.tx.us Brazos County entered into the First Amendment to the Lease Agreement on February 25, 2014 for the premises located at 3030 East 29th Street, Suite 113, Bryan, TX 77802. Pursuant to the terms of that First Amendment, please consider this our notice to vacate the leased premises on December 31, 2014. If you should have any questions, please do not hesitate to contact me. m rely, Duane Peters Brazos County Judge Brazos County Administration Bldg. . 200 S. Texas Ave. . Suite 310 . Bryan, Texas 77803 . Fax: (979) 361.4176 Vol. 212 Pg. / 11731 CELLULAR PHONE / PAGER POLICYL, \ BRAZOS COUNTY, TEXAS Duane Peters PURPOSE County Judge The purpose of this policy is to provide guidelines for the assignment, use and control of cellular telephones/pagers and to ensure such equipment is used in the most efficient and ethical manner. The acquisition and use of cellular telephones /pagers by Brazos County departments and employees shall be in accordance with Penal Code 39.02(2). ELIGIBILITY & ACQUISITION The assignment of a cellular telephone /pager shall be based on an employee's need for immediate communication as deemed necessary by the Department Head or Elected Official. The assignment of cellular telephones /pagers should not be considered a benefit to County employees, but a necessary tool. The Department Head or Elected Official should not assign cellular telephones/pagers when a less costly alternative is safe and effective (i.e. two -way radio, landline phone, etc.). As an alternative to County owned cellular telephones, the Department Head or Elected Official, may choose to give an allowance to an employee who needs a cellular phone, but would not be able to use it for County purposes only. This decision will be at the discretion of the Department Head or Elected Official. In this instance, the employee would be compensated with an allowance that is the same as the standard cellular telephone rate established by Commissioners Court. Continued allowance toward the cellular telephone is contingent on providing the front page of the monthly statement to the Department Head/Elected Official on at least a quarterly basis. The Purchasing Department shall maintain a master list of all employees who have acquired a Brazos County issued cellular telephone /pager. In addition, all cellular telephones/pagers will be acquired through the County's contract provider. All changes in service must be processed through Purchasing to keep records accurate. It shall be the responsibility of the Department Head or Elected Official to ensure that sufficient funds are budgeted for the monthly operational costs associated with cellular telephones/pagers prior to assigning a cellular telephonelpager to an employee. Please note that cell phone expenditures should be charged to line item 61750000 "Telephone - Cellular" and pager expenditures should be charged to line item 61460000 "Pagers" within each department's budget. USE OF COUNTY OWNED CELLULAR TELEPHONES/PAGERS • Cellular telephones/pagers are to be used for the conduct of County business and should not be misused for personal communication. • Cellular telephones/pagers should not be used when a less costly alternative is safe, convenient and readily accessible (i.e. two -way radio, landline phone, etc.). • Using a cellular telephone while operating a vehicle is strongly discouraged. • Cellular transmissions are not secure; therefore, employees should use discretion in relaying confidential information. Reasonable precautions should also be made to prevent equipment theft and vandalism. Vol. 212 Pg. CELLULAR TELEPHONE/PAGER MISUSE Any abuse, which indicates inordinate use of cellular devices or pagers, will be considered misconduct and neglect of duty, subject to removal of cellular telephone /pager usage and/or disciplinary action up to and including termination. ADMINISTRATION The Department Head or Elected Official shall be responsible for the administration and adherence of the Cellular Telephone/Pager Policy & Procedures for their department. This Policy can be more restrictive if the Department Head or Elected Official deems necessary, but shall never be less restrictive. CELLULAR TELEPHONE/PAGER AGREEMENT As an employee of Brazos County, I, , recognize and understand that cellular telephones/pagers are provided for employee use in support of the business operations of Brazos County and are to be used for legitimate business purposes. I further understand that the equipment belongs to Brazos County and is to be used in an effective, efficient, ethical and lawful manner. I am aware that Brazos County reserves the right to review, audit and inspect cellular telephone/pager records at any time, with or without notice. I understand that I am responsible for good care and maintenance of my assigned cellular telephone /pager and will be required to pay for any damage done to this equipment due to my negligence. I also acknowledge that I become fully liable to Brazos County for the full replacement cost of any lost cellular telephone/pager equipment. I am aware that my assigned cellular telephone /pager may be reassigned or withdrawn at any time, with or without notice, at the discretion of the Department Head or Elected Official. I understand that I will surrender my cellular telephone/pager upon termination of employment (voluntary or involuntary termination, including retirement). At this point, I am aware that no further use of my cellular telephone /pager is authorized. I certify and acknowledge that I have read and understand Brazos Countys policy regarding cellular telephone /pager usage and will comply with the terms and conditions stated throughout. Employee Signature Date Cellular Telephone Number Assigned Plan Rate Pager Number Assigned Vol. 212 Pg. l %� CELLULAR TELEPHONE ALLOWANCE PLAN As an employee of Brazos County, I, agree to make my personal cellular telephone number available as required by my Department Head/Elected Official when opting for Brazos County Cellular Telephone Allowance Plan. I also agree to configure my personal cellular telephone in order to receive emails sent to my Brazos County email account, if requested by the Department Head or Elected Official. I am aware that my cellular allowance may be withdrawn at any time, with or without notice, at the discretion of the Department Head or Elected Official. I am aware that Brazos County reserves the right to review, audit and inspect cellular telephone /pager records at any time, with or without notice. I certify and acknowledge that I have read and understand Brazos County's policy regarding cellular telephone /pager usage and will comply with the terms and conditions stated throughout. I agree to submit a copy of the front page of my cellular telephone bill at least quarterly, or as requested, to my Department Head/Elected Official. Employee Signature Date Cellular Telephone Number Allowance (amount to be set by Commissioners Court) As the Department Head or Elected Official, I understand I am responsible for this employee's use and care of the assigned cellular telephone /pager. Signature of Department Head/ Date Elected Official Note: All issuance of County owned cellular telephones /pagers shall be initiated by the Purchasing Department. Vol. 212 Pg._ 17� BRAZOS COUNTY, TEXAS 0 ACCEPTANCE OF DONATED /AWARDED PROPERTY DONATION OF COUNTY PROPERTY Date: I I November 2014 7 Acceptance of Donated/Awarded Property 7 Donation of County Property (Awarded property requires signed court documentation) Item Description: Nine (9) M -16 Rifles - 5.56 caliber See att� Please provide all information requested below as applicable to the property being accepted or donated. Forms containing any blank fields will be returned for completion. Make: Colt Model: M -16 Year: SNNIN #: See attached Functional FI Non- Functional. Explain if Non- Functional Additional Description/Information; Estimated Value: $800.00 ❑ Check box for Capital Asset (value/initial cost is over $5000) the aoorooriatc account based on estimated value of property being accepted: 60010000 (No Asset Tag - Under $500) 67010000 (Minor Property - $500 - $4999) 80010000 (Capital Property - Over $5000) Check the appropti.: donated to: FGovernment Entity: Other (Due to Statuatory requirements prior approval is required by Purchasing: property Organization Name I certify that the above mentioned item has been donated or awarded to Brazos County. This item has been received in good faith and upon approval by Commissioner's Court will become a part of the General Fixed Asset Account of Brazos County. The determination to accept or reject the donation will be made at the sole discretion ('commission Court based upon such things as usefulness, projected operating, maintenance and insurance costs. � \ \f' \ \J Requesting Department: Sheriffs Office 7 Department Name Authorized Signature Organization Receiving Donated Property: Authorized Signature Approv s day of V�weL txd m C Commissioners Court Approval Vol. 212 Pg. % 7/' I 7E z Z 124 Z Z 0 Iz Z 10 o. ; 1 10 10 T �T �T IT ,T +T IT iT 1T a tt r t I 1) •� cy >• N j p�p ; N N E M 'i` If0 !M M a] N F LUI bWi�FW iiO W'O� 0 0 101-' tll [.ED 0Wi0 WI0 �j0W 0� 0 10 +tqt to _ILL :ALL— 'LL =•CLJ:j LL J�LL D, tL JS o LL m N i U) N N �NY N N N N J`N �N Z 1 io 1 co w U)i 4� M T M T i7 T T T T e4- C 9 0) .1.1 Z 28 to07 20 0m �jN 0p9 �W 2O 1;Oi T T <• r T QC C C C C G IC L II tt��11 cc++}7 d- •?i I N, Nd'IN� N� N��N .a- Nom; � 4� CL a �aOiiao ao NaS ao aoia�ROL I a o 2C N C-4 4) NN NN)Ni j S `S �Im m !m fo M 1m iS i d o i IN � ; j� a. .......I.......I- ......� - ......._..._. s......_;....� ash d c �a LL ty C-4 _�► LU f Vol. 212 Pg. LZ *40 PLL "^ a o g G�Moat, O O c e �yY�1 VLO# V 3: 91 G 1X0 W'd LL600 Vol. 212 Pg. LZ BRAZOS COUNTY, TEXAS ACCEPTANCE OF DONATED /AWARDED PROPERTY a DONATION OF COUNTY PROPERTY Date: November 13 2014 Acceptance of Donated/Awarded Property Donation of County Property (Awarded property requires signed court documentation) Item Description: LTE VML 700 Modem 13C14 -)WFi EVDO Please provide all Information requested below as applicable to the property being accepted or donated. Forms containing any blank fields will be returned for completion. Make: Motorola Model: F4080A year, 2007 SNNIN #: 62 Units - See Attached ILA for List Functional 0 Non- Functional. Explain if Non-Functional Additional Descriptionlinformation: LTE Modems to replace all 62 Data Radios In Sheriffs and Constables vehicles so equipped per the ILA with Harris County. Value is Per unit Estimated Value: $1,350.00 1-1 Check box for Capital Asset (valuafrnitial cost is over $5000) Check the appropriate account based on estimated value of property being accepted: 60010000 (No Asset Tag - Under $500) 67010000 (Minor Property -$500- $4999) 80010000 (Capital Property - Over $5000) donated to: FIGovernment Entity: Other (Due to Statuatory requirements prior approval is required by Purchasing: property I certify that the above mentioned item has been donated or awarded to Brazos County. Thi s item has been received in good faith and upon approval by Commissioner's Court will become a part of the General FixeA Asset A count of Brazos County. The determination to accept or reject the donation will be made at the sole discretion old Co t erer�9 Court based upon such things as usefulness, projected operating, maintenance and insurance costs. \ y k- Requesting Department: Sheriffs Office kJ �� ) Department Name Authorized Signature Organization Receiving Donatcd Property: Authorized Signature Ap ove y Cc rssioners n this 1 day of�� °I Commissioners Court Appro I Vol. 212 Pg. Vol. 212 Pg. / �� s a i S 3 S a S a 3 a S a a a a a a a s a a s a s a a+ r r a r+++ s++ a s a r r n a n a n s a a a a a a a a ! 3 3 3! 5 3 5 5 3 5 5 5 5 3 5 3 3 ! 3!! 3 3! 3 3 5 3 5 3! 3!! 9 !! 8 8 9 8 9 9 9 9 8 9 8 3 3 9 8 B 9 9 8 9 8 8 8 8 8 8.8 8 9 8 8 9 E H 9 8 9 99 b R R ° if� iks� $�a R k d d $ $ pp yky y�p s�&s� s�fls� aRa pp& S$S. p$p p�p y$y ON0 p�p pdp 0$0 �a��a y$y ,y1 M1 �$na p$p 6$6. pp 99$ p�p',x�a g9q..jkj p$p i F S IF ItF s e a s € a s S 8 3 4 s s g t 1s S i % �$g - � i � R � � � � - . k . � ' . � 3{ S d ry% ` 1�§g 19y 1S9g f !gg d 1� f i l E l !�' ! I !S. ! ! 1 ? G g §g 9y +J 7� 11:11 } } z s a sg s s i d �a x i i a g ; 3 a E i g i; d i i s� x a s z d i pz g gs p ga as ,� 9. 9 9 9 9!:[ "€ E X k k k k C X X pH C 'X k. „ C K X k C PC.C� 8C C t: C P X C P k krk 1,'8 8 F 3¢ a M f 1 9 q q 1 b p FI G qq 4 q Vol. 212 Pg. / �� ! |!! !!!!!!|!! | |! .,., ,.,....l.... | . |..,. ;..,1...,.. |� | | |! | | | | | | | | | | || ................. | | | | | | | | ||| | | || || Ik ! !!! |!!!!!|!!!!!! | | | |( | | | | | | | | | | || . .... .....,.•• . � ig . ...a:I Vol. 22l Pa. /9 .. INTERLOCAL AGREEMENT BETWEEN HARRIS COUNTY AND THE BRAZOS COUNTY THE STATE OF TEXAS COUNTY OF HARRIS This Interlocal Agreement is made and entered into by and between Harris County ("Harris County'), a body corporate and politic under the laws of the State of Texas, acting through its governing body the Hams County Commissioners Court, and Brazos County ("Brazos County"), a body corporate and politic under the laws of the State of Texas, acting through its governing body the Brazos County Commissioners Court. Hams County and Brazos County are referred to herein collectively as the "Parties" and individually as a "Party." Recitals The County desires to donate sixty-two (62) Motorola VML 700 modems (the "Modems ") to Brazos County for use by its SherifPs Department and with Federal Emergency Management Agency ( "FEMA'� approval. Brazos County wants to accept the donation. Terms I. Brazos County understands and agrees that Harris County is donating the Modems "as -is, with all faults" and that Harris County makes no representations or warranties as to the Modems except that Harris County has the legal right to donate the Modems and has approval from FEMA for the donation, which is attached hereto as Exhibit A and incorporated herein by reference. A list of the Modems with serial numbers are attached hereto as Exhibit B and incorporated herein by reference. Brazos County shall be fully responsible for the transfer or filing of any and all required documents necessary to affect the transfer of ownership from Harris County to Brazos County. Brazos County understands and agrees that the transfer of the Modems is an outright donation by Harris County. Any fees or costs incurred in the transfer of the Modems are in no sense a purchase price. Page l of 4 Vol. 212 Piz. / ge-,7- I With its acceptance of the Modems, Brazos County assumes full responsibility for the Modems, and acceptance shall act as a release by Brazos County of any and all liability that Harris County maybe subject to under any state or federal laws. LNG To facilitate the donation of the Modems, the Parties may communicate through the following persons: Brazos County: 1700 W. Hwy 21 Bryan, TX 77803 Attn: Christopher Kirk 979 -361 -4900 Harris County: 406 Caroline, 4th Floor Houston, TX 77002 Attn: Tammie Davidson 713- 274 -7712 V. EXECUTION Multiple Counterparts: This Agreement may be executed in several counterparts. Each counterpart is deemed an original. All counterparts together constitute one and the same instrument. Each Party warrants that the undersigned is a duly authorized representative with the power to execute this Agreement. APPROVED AS TO FORM: Nle:.&R—Ro 1100 sbW'wn Y . HARRIS COUNTY By: a LAC ED EMMETT COUNTYJUDGE APPROVED AS TO FORM: VINCE RYAN COUN iATORNEY By BSmi stronA County Attorney C.A. File 14GEN1546 Page 2 of 4 Vol. 212 Pg. / S1.J1 EXHIBIT A FEMA approval of donation (follows behind) Page 3 of 4 Vol. 212 Pe. / (f V From: Phillips, Lurranda [ mailto: Lurranda.Phillips @fema.dhs.¢ov] Sent: Thursday, August 21, 20141:50 PM To: Wilson, Kenya (County Judge's Office) Cc: Phillips, Lurranda Subject: RE: Transfer to Brazos County / Explanation Importance: High Kenya, In response to your question, If equipment's fair market value is under $5,000.00 the owner only needs to follow their property /equipment transfer policy /procedure. Inform the prime recipient of the action just to keep them in the loop. Maintain copies documents for the required 3 years after final FFR is submitted by Prime Recipient. If the equipment fair market value is above $5,000.00 and the current owner no longer needs the equipment for the original purpose: 44CFR13.32(e)(2) (e) Disposition. When original or replacement equipment acquired under a grant or subgrant is no longer needed for the original project or program or for other activities currently or previously supported by a Federal agency, disposition of the equipment will be made as follows: (I) Items of equipment with a current per -unit fair market value of less than $5,000 may be retained, sold or otherwise disposed of with no further obligation to the awarding agency. (2) Items of equipment with a current per unit fair market value in excess of $5,000 may be retained or sold and the awarding agency shall have a right to an amount calculated by multiplying the current market value or proceeds from sale by the awarding agency's share of the equipment. If the equipment is being transferred to another agency /entity where the equipment is to be used for the same original purpose or to support another federally funded project, FEMA can waive their right to the federal share percentage of the fair market value of the equipment. A SF 428c must be submitted to you requesting disposition of the equipment that is no longer needed by the current owner. They can detail in the comment where they wish to transfer the equipment. I would recommend requiring a detailed letter explaining the situation of no longer needing the equipment and the full intent of use by the gaining agency /entity. Should FEMA approve, then the present owner of the equipment must follow its equipment transfer policy /procedures. Copies of all documents must be maintained in the equipment owner's grant file including the signed transfer of equipment documentation by both parties. Rene Vol. 212 Pg. / L✓ EXHIBIT B List of Modems with Serial Numbers s (follows behind) i Page 4 of 4 Vol. 212 Pg. IYZ Tmyllrr- Vol. 212 P2. / 91*7 E H E 5 H 5 b b b b b b b b a b b b a b b a a a E b a s a a a a b a b a b b 4iBdt1i13 Ei3tiiii 3F?133 ?1� liii3diRR's F F S S E i 5 i F x I I 2 F E L I'M Hill O • ! L e e Y P! P P e ! ! 4 Y a a a a a s a a a x n n n a a a a a a s n a z a a a a e a a a■ H! 9 9 9 8 9 S J 9 ! d d d f 8 8! Y 8 4 4 P ! d 9 9 8 J S ! 8 € i i 3 3gtDDidDiggigg! igginniyyiggil!i iyyippiggi �D�gg tggigg iRRiRR !!i ! giyi gy l!iggB gi!iD d gg3 } 9 9 1 9 4 l] 9 S S 9 S S i F S S Z 3■ F F F$ # 3 1 f ]] R R R R R R R k R R R R R R k k k R k R R R R R k R R R k k R 5 5 5 5 5 5 5 5 5 5 5 5 E c 5 5 5 5 5 5 r 7 3 s k "e dd� ati 3k 33 a� 3� 3 33 ge aa 33 33 3� g^ 3 ae pp px aa R 4 4 H 4 R P Y 4 8 R c c e s c k R k R c Vol. 212 P2. / 91*7 - Vol. 22l Pg. »y3 ; . .... . ...,.,l. ` | |2 ! ! | | |! | | | | | | | |!! | | | | | | | | | || | | ;. ! !.. . . . .._. � | . . | | || | || | | | | | | | || | | | | | |! |�• | | | |,., | | | |; Vol. 22l Pg. »y3 BRAZOS COUNTY, TEXAS 0 ACCEPTANCE OF DONATED /AWARDED PROPERTY DONATION OF COUNTY PROPERTY Date: November 13 2014 MAcceptance of Donated/Awardcd Property Donation of County Property (Awarded property requires signed court documentation) Item Description: LTE VML 700 Modem BC14 -WIFi EVDO Please provide all information requested below as applicable to the property being accepted or donated. Forms containing any blank Holds will be returned for completion. Make: Motorola Model: F4090A Year. 2007 SN/VIN #: 62 Units - See Attached ILA for List aFunctional FI Non - Functional. Explain if Non-Functional Additional Description/Information: LTE Modems to replace all 62 Data Radios in Sheriffs and Constables vehicles so equipped per the ILA with Barris County. Value is per unit _ Estimated Value: $1,350.00 F] Check box for Capital Asset (value /initial cost is over $5000) Check the appropriate account based on estimated value of property being accepted: 010000 (No Ass et Tag - Under $500) t/ 67010000 (Minor Property-$500- $4999) 80010000 (Capital Property - Over $5000) donated to: RGovemrnent Entity: Other (Due to Stamatory requirements prior approval is required by Purchasing: property being I certify that the above mentioned item has been donated or awarded to Brazos County. This item has been received in good faith and upon approval by Commissioner's Court will become a part of the General FixeJ Asset A ount of Brazos County. The determination to accept or reject the donation will be made at the sole discretions Co or Court based upol a h things as usefulness, projected operating, maintenance and insurance costs. Requesting Department: Sheriffs Office Department Name Authorized Signature Organization Receiving Donated Property: Authorized Signature Ap, oved y cp issroners n this day of__ '-L J Comrmssioners Court Appro Vol. 212 Pg. i ORDER OF COMMISSIONERS COURT Authorizing execution of an Interlocal Agreement The Commissioners Court of Harris County, Texas, convened at a meeting of said Court at the Harris County Administration Building in the City of Houston, Texas, on the _ day of DEC 0 9 2014 , 2014 with all members present except L42..Q A quorum was present. Among other business, the following was transacted: ORDER AUTHORIZING EXECUTION OF THE PRECONSTRUCTION AGREEMENT BETWEEN HARRIS COUNTY AND BRAZOS COUNTY Commissioner C.DWL-\e-- introduced an order and made a motion that the same be adopted. Commissioner L-W- seconded the motion for adoption of the order. The motion, carrying with it the adoption of the order, prevailed by the following vote: Vote of the Court Yes No Abstain Judge Emmett ❑ ❑ Comm. Lee ❑ ❑ i Comm. Morman ❑ ❑ Comm. Radack ❑ ❑ Comm. Cagle 1 ❑ ❑ The County Judge thereupon announced that the motion had duly and lawfully carried and that the order had been duly and law -fully adopted. The order thus adopted follows: IT IS ORDERED that County Judge Ed Emmett be, and he is hereby authorized to execute, for and on behalf of Harris County, the Interlocal Agreement for the donation of sixty -two Motorola VML 700 modems to the Brazos County Sheriffs Department. The Interlocal Agreement is incorporated herein as though fully set forth word for word. All Harris County officials and employees are authorized to do any and all things necessary or convenient to accomplish the purpose of this Order. presented to Commissioners' Corot DEC 0 2 2014 APPROVE C 1 L Recorded Vol._ Page Vol. 212 Pg. /A/) 20142015 MEMORANDUM OF UNDERSTANDING FOR BRAZOS COUNTY JUVENILE SERVICES WITH COLLEGE STATION INDEPENDENT SCHOOL DISTRICT This Memorandum of Understanding (MOU) is entered into between the Brazos County Juvenile Probation Department, hereinafter referred to as "BCJS ", and College Station Independent School District, hereinafter referred to as " CSISD." WHEREAS, the County of Brazos and CSISD are "local governments" and public education in the context contemplated herein is a "governmental function and service" as those terms are defined in the Interlocal Cooperation Act, hereinafter referred to as the "Act" codified as Chapter 791 of the Government Code of Texas; and, WHEREAS, the "Act" authorizes any local government to contract or agree with another local government in accordance with the "Act" to perform governmental functions and services that each party to the contract is authorized to perform individually; and, WHEREAS, the relationship between the participants necessitates this Interlocal Agreement to set forth the duties and responsibilities of the BCJS and CSISD to comply with the requirements of the TEX. FAMILY CODE ANN. §58.0051 (a). NOW, THEREFORE, pursuant to the Interlocal Cooperation Act and the Texas Family Code, it is mutually agreed by, between and among the parties as follows: 2. PURPOSE This interagency agreement is designed to enumerate the roles and responsibilities of each participant in regards to the Prevention Program. The Prevention Program is funded in three parts; (1) through a grant from the Criminal Justice Division of the Texas Governor's Office, (2) Brazos County and (3) College Station ISD. The designated funds will pay for a "Prevention Specialist" who will work in partnership with CSISD in an effort to help divert at -risk students from involvement in the juvenile justice system. 3. PREVENTION PROGRAM 3.01 This program works with at risk students and will focus on keeping the student from dropping out and or being referred to the BCJS. Vol. 212 Pg. -L-z-1 _ _ 3.02 Target Population for this Program are CSISD students aged 6 -17 years old who are not formally involved in the juvenile justice system, and have been assigned to the CSISD's Disciplinary Alternative Education Program (DAEP), or who are determined to be at imminent risk of removal from their home campus and reassigned to the CSISD DAEP for behavioral or attendance reasons. 3.03 The prevention program will begin on first day of school, October 1, 2014, and will end August 31, 2015. 3.04 Program goals include, decrease school expulsion rates, decrease referrals to BCJS and increase DAEP successful completion rates. 3.05 Program components will include; Education regarding the Juvenile Justice System, Life Skill Development, Crisis Intervention, Problem Solving, and Parental Referral. 3.06 The program shall adhere strictly to any and all grant requirements. 4. DATA COLLECTION 4.01 CSISD shall provide BCJS student information for program purposes. Data to be collected will include, name, gender, race, age grade level, school referral history, DAEP completion information, reason for assignment to DAEP, and school expulsion data. 4.02 CSISD shall provide BCJS any and all pertinent information and statistical data required for program evaluation and or to meet requirements specified within the grant. S. RESPONSIBILITES OF BRAZOS COUNTY JUVENILE SERVICES 5.01 BCJS shall provide one (1) full time BCJS employee to facilitate the Prevention Program. 5.02 BCJS Prevention Specialist shall be assigned to the CSISD DAEP Monday — Friday During the school year each day school is in session, with the exception of county holidays, county closures, times and days necessary for training, staff meetings, personnel action, and other legitimate business necessities as determined by BCJS. 2014 -2015 Memorandum afUnderslanding Page 2 of8 Vol. 212 Pg. / 1� 5.03 BCJS will designate an administrator to be the contact person for all questions, concerns, and inquiries regarding the program. 5.04 BCJS will designate an administrator to oversee and supervise the BCJS staffmember assigned to the prevention program. 5.05 BCJS does not have a replacement or substitute for this program. In the event the Prevention Specialist permanently vacates the position, there is no guarantee the positon will be replaced, but a good faith effort will be made by BCJS to re -place the position as soon as practical. 5.06 There is no responsibility for BCJS to provide a substitute for times when the Prevention Specialist is absent. 6. 6.01 CSISD shall provide an adequate work space for the prevention specialist at the DAEP. 6.02 CSISD shall assist the prevention specialist by allowing them to conductthe program at the DAEP. 6.03 CSISD shall designate an administrator to be the contact person for all questions, concerns, and inquiries regarding the program. 6.03 CSISD shall designate an administrator to be responsible for communicating pertinent information to BCJS as well as be responsible for meeting periodically with BCJS representatives regarding the program. 6.04 CSISD agrees to pay Brazos County a total of $10,000.00 due in full on or before the 15a' day of October, 2014. These monies are non - refundable. 6.05 CSISD will allow Administrator(s) from BCJS access to the school and it's campus as necessary in order to evaluate and monitor the program and the performance of the Prevention Specialist. 2014-2015 Memorandum of Understanding Page 3 oj8 Vol. 212 Pg. % J 7. INDEMNITY 7.01 To the extent permitted by the Texas Constitution and other applicable law, but without waiver or expansion of any immunity from liability or limits to exposure established by the Texas Tort Claims Act, each party to this MOU will indemnify and hold harmless the other party or parties and their respective officers, employees and agents from and against any and all claims proximately caused by negligence, breach or other act or omission caused by the indemnifying party or its respective officers, employees or agents. S. MISCELLANEOUS 8.01 In accordance with the Texas Education Code, the Brazos County Juvenile Board, Brazos County Commissioners Court, and employees of the Brazos County Juvenile Services Department shall be immune from liability to the same extent as CSISD, its employees, officers and agents may be immune from liability. 8.02 if any provisions, sections, subsection, paragraph, sentence, clause or phrase of this MOU, or the application of same to any person or set of circumstances, is for any reason held by court or competent jurisdiction to be invalid, void, or unenforceable, the remaining provision hereof will remain in full force and effect. 8.03 This MOU contains the entire agreement between parties with respect to the subject matter thereof. No other agreement, statement, or promise made by or to any employee, officer, official, or agents of any party that is not contained herein is not of any force or effect. Any modifications to the terms hereof must be in writing and signed by all parties. 8.04 The individuals executing this MOU on behalf of his or her respective party represent to the other that all appropriate and necessary actions have been taken to authorize the individual who is executing this MOU that there are no other parties or entities required to execute this MOU in order for the same to be an authorized and binding agreement by such Party for whom the individual is signing this MOU, and that each individual affixing his or her signature hereto is authorized, and that such signed agreement is valid and effective on the date stated herein. ?019 -2015 Memorandum ofUnderslanding Page 9 oj8 Vol. 212 Pg. / ZY 9. TERMS OF THIS MEMORANDUM OF UNDERSTANDING 9.01 The term of this Agreement is for twelve months, commencing October 1, 2014, and ending August 31, 2015. It shall be automatically renewed for one year terms thereafter, commencing September 1" and ending August 31" , unless one party notifies the other in writing, at least thirty (30) days prior to the expiration of said term, of its intention to not renew this Agreement. 9.02 This MOU is executed in multiple originals, each of which shall have the full force and effect of an original document, and each of which shall constitute but one and the same instrument. 9.03 Legal Requirements - The Participants agree to comply fully with all applicable federal, state, and local statutes, ordinances, rules, and regulations in connection with the programs contemplated under this Agreement. This Agreement is subject to all applicable present and future valid laws governing the juvenile justice programs applicable to school districts and/or county juvenile probation departments, as well as continued funding. In the event that CSISD hereto is required by law or regulation to perform any act inconsistent with this Agreement, or to cease performing any act required by this Agreement, this Agreement shall be deemed to have been modified to conform to the requirements of such law or regulation. 9.04 Notice - Except where oral notice is specifically allowed or required under this Agreement, any notice provided hereunder by any party to another shall be in writing and may be either (1) delivered by hand to the party or the party's designated agent; (2) deposited in the United States mail, postage paid; (3) transmitted by telecopy; (4) transmitted by electronic mail transmission, or (5) delivered by a reputable courier service, to the following address or telecopy number: Brazos County Juvenile Services: Douglas Vance, PhD , Executive Director, 1904 West Highway 21 Bryan, Texas 77803 - Tel: (979) 361 -1802 - Fax: (979) 361 -4211 Any party may designate a different agent or address for notice purposes by giving the other Participants ten (10) days written notice in the manner provided above. 9.05 Amendments - If changed conditions are encountered during the term of this 3014 -2013 Memorandums of Understanding Page 5 of 8 Vol. 212 Pg._1 - e Agreement, the Agreement may be supplemented or amended under terms and conditions mutually agreeable to the Participants, provided that all such changes, amendments, supplements or modifications shall be in writing. 9.06 Integration Clause - This Agreement, including schedules and attachments, contains the entire agreement of the Participants, and it may not be modified in any manner without the express written consent of the Participants. No other agreement, statement, or promise made by or to any party, or made by or to any employee, officer, or agent of any party, that is not contained in this Agreement shall be of any force or effect. It is acknowledged by the Participants that no officer, agent, employee or representative of Brazos County has any authority to change or amend the terms of this Agreement or any attachments to it or to waive any breach of this Agreement unless expressly granted that authority by the Brazos County Commissioners Court. 9.07 Partial Invalidity - If any term(s) or provision(s) of this Agreement are held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions of this Agreement shall remain in full force and effect and shall in no way be effected, impaired or invalidated, unless such holding causes the obligations of the Participants hereto to be impossible to perform or shall render the terms of this Agreement to be inconsistent with the intent of the Participants hereto. 9.08 Non- assienability - No assignment of this Agreement or of any duty or obligation of performance hereunder, shall be made in whole or in part by any Participant without the prior written consent of the other Participants hereto. 9.09 Waiver - No waiver of a breach of any provision of this Agreement shall be construed to be a waiver of any breach of any other provision No delay in acting with regard to any breach of any provision shall be construed to be a waiver of such breach. 9.10 Immuni - Neither Brazos County, the BCJB, nor CSISD waive or relinquish any immunity or defense on behalf of themselves, their trustees, commissioners, offices, employees, and agents as a result of its execution of this Agreement and performance of the functions and obligations described herein. 9.11 Available Funds - The Participants to this Agreement expressly acknowledge and agree that all monies paid pursuant to this Agreement shall be paid from budgeted available finds for the current fiscal year of each such entity. 2014-2015 Memorandum ofUndersianding Page 6 of Vol. 212 Pg.. 9.12 Open Meetings - The meetings at which this Agreement was approved by the Participants' governing boards were posted and held in accordance with the Texas Open Meetings Act, Texas Government Code Chapter 551. 9.13 Mediation - Any dispute arising under this Agreement may be submitted, upon agreement of the Participants, to non - binding mediation. When mediation is acceptable to the participants in resolving any dispute rising under this Agreement, the Participants agree to use the Dispute Resolution Center of Brazos County or any other mediator as shall be mutually agreed upon by the Participants, to provide mediation as described in Section 154.023 of the Texas Civil Practice and Remedies Code. Unless the Participants are satisfied with the result of the mediation, the mediation will not constitute a final binding resolution of the dispute. All communications within the scope of the mediation shall remain confidential as described in §154.073 of the Texas Civil Practice and Remedies Code, unless the Participants agree, in writing, to waive the confidentiality. IN WITNESS THEREOF, the undersigned Participants acting under the authority of their respective governing boards have caused this Agreement to be duly executed in multiple counterparts, each of which shall constitute an original, all as of the day and year above first written, which is the date of this Agreement. EXE is the _,A� day of $L' �M 2014. Honorable Judge Duane Peters, County Judge Date Chairman Brazos Coun Juvenile Board- Douglas Vance , D Date Executive Director, Brazos County Juvenile Services Dr. Clark ;a1y uperintendent Date College Stati n Independent School District 2014-2015 Memorandum ofUnderslanding Page l of Vol. 212 Pg. /1% Br4e4_County om ioners Court Duane Peters, County Judge Chairman, Brazos County 200 S. Texas Ave., Ste. 332 Bryan, TX 77803 Phone: 979 - 3614102 Fax: 979 - 361 -4503 Date: 2014 -1015 Memorandum of Understanding Page 8 of 8 Vol. 212 Pg. �� Ef RECOVERY Healthcare Corporation SERVICES OPERATIONS CONTRACT BRAZOSCOUNTY AND BRAZOS COUNTY OFFICE OF THE SHERIFF Global Positioning Satellite Monitoring Continuous Alcohol Monitoring Radio Frequency Monitoring Breath - Alcohol Testing Urinalysis Testing Drug Patch This operations Agreement (the "AGREEMENT') is made and entered into by and between Recovery Healthcare Corporation, Brazos County and the Brazos County Sheriff's Department ("DEPARTMENT"), 1700 Highway 21 West Bryan, TX, 77803 -1300 Phone: (979) 3614900 for the purpose of providing GPS, SCRAM, SOBERLINK, Drug Testing and Alcohol Monitoring Services to Brazos County Jail Inmates and those under bond supervision. Appointment of Recovery Healthcare Corporation. In accordance with the terms and conditions set forth herein, and in consideration of the payments hereinafter provided, Recovery Healthcare Corporation is hereby appointed to provide to the DEPARTMENT, and Recovery Healthcare Corporation hereby agrees to furnish to DEPARTMENT, the Services provided for herein. Tenn. This AGREEMENT shall become effective for a one (1) year period beginning on October 1, 2014 and ending on September 30, 2015 (unless terminated herein under the provisions below). The agreement shall automatically renew for another one year term for a period not to exceed three (3) total years, unless either party provides notice to the other of its intent to terminate the agreement not less than thirty (30) days before the end of the then current term. ARTICLE I RATES, MINIMUM REQUIREMENTS, AND STATEMENT OF SERVICES 1.1 Recovery Healthcare Corporation and the Department agree to the following rates for offender funded services: Recovery Healthcare Corporation Page 1 9090 North Stemmons Freeway, Suite A Dallas, TX 75247 -3521 (975) 445 -6300 (800) 566 -3388 Vol. 212 Pg. /99 -- - RECOVERY Healthcare Corporation PROGRAM OFFENDER PAY Daily Rate Set -Up Fee RF Monitoring (Landline) $6.00 $75.00 Each New Enrollment RF Monitoring (Cellular) $8.00 $75.00 Each New Enrollment Passive GPS WMTD $8.00 $75.00 Each New Enrollment Active GPS WMTD $10.00 $75.00 Each New Enrollment SCRAM CAM $12.00 $75.00 Each New Enrollment SCRAM CAM $1.00 Ethernet SCRAM CAM $1.50 Multi- Connect Soberlink $6.00 $75.00 (Each New Enrollment SCRAM Remote Breath $6.00 $75.00 Each New Enrollment SCRAM/GPS $17.00 $75.00 (Each New Enrollment Urinalysis 8 Panel $10.00 Drug Screen Panel or Cu Urinalysis $16.00 Laboratory Confirmation Per Drug ETG $10.00 ETG Confirmation $19.00 Urinalysis 8 Panel with ETG $20.00 Drug Screen Panel or Cu K2 (Synthetic Drugs) $10.00 K2 (Synthetic Drugs) $35.00 Confirmation Bath Salts 3 Compound Lab Only $45.00 6 Panel Oral Swab $12.00 . COC/THC /AMPIUM- AMP /OPl/PCP 6 Panel Oral Swab Confirmation $16.00 Per Drug 1.2 Sole Source Provider. Recovery Healthcare Corporation has been duly certified as a sole source provider for SCRAM CAM and Soberlink in the State of Texas. Recovery Healthcare Corporation Page 2 9090 North Sammons Freeway, Suite A Dallas, TX 75247 -3521 (975)445.6300 (800) 566 -3388 Vol. 212 Pg. A 0 RECOVERY Healthcare Corporation 1.3 Indiaencv Determination. Recovery Healthcare Corporation will, upon written request from the participant and with proper documentation, evaluate and determine if the participant is eligible for reduced rates or waiver of rates. A person is considered indigent if net household income does not exceed 120% of the Poverty Guidelines as established and revised annually by the United States Department of Health and Human Services and published in the Federal Register; and b. The value of the non - exempt assets and property owned by the defendant (1) does not exceed $1,500.00; or (2) does not exceed $3,000.00 in the case of a defendant whose household includes a person who is age 60 or over, disabled or institutionalized; c. "Net household income" means all income of the defendant and spousal income actually available to the Defendant. Such income shall include: take -home wages and salary (gross income earned minus those deductions required by law or as a condition of employment); overtime, severance pay, unemployment benefits, financial aid assistance, disability or workman's compensation; net self - employment income (gross income minus business expenses, and those deductions required by law or as a condition of operating the business); regular payments from a governmental income maintenance program, alimony, child support, public or private pensions or annuities; and the income from dividends, interest, rents, royalties, or periodic receipts from estates or trusts, regular payments from Social Security, veteran's benefits, food, rent or household expenses, income of persons claming defendant as a tax exemption for federal tax purposes, tax refunds, gifts, one -time insurance payments or compensation for injury. Seasonal or temporary income shall be considered on an annualized basis, averaged together with periods in which the defendant has no income or lesser income. d. Recovery Healthcare Corporation will provide services to no more than ten percent of indigent participants. 1.4 Services. Recovery Healthcare Corporation shall, in accordance with the terms of this AGREEMENT, provide all necessary personnel, equipment, materials, supplies, and services and do all things necessary for, or incidental to, the provision of the services. 1.5 Court Testimony. Recovery Healthcare Corporation agrees to provide testimony in court, if required, at no additional cost to the DEPARTMENT. 1.6 Other: (Specific Requirements for Offender Funded Program) General Duties of Recovery Healthcare Corporation: (a) Recovery Healthcare Corporation may offer, for no additional cost, on -site program training and assistance for the Department's staff to explain the procedures for installation, monitoring, maintenance, de- installation and utilization of the monitoring software systems; (b) Recovery Healthcare Corporation shall not implement changes in policy, procedure or rates without approval from the Department; Recovery Healthcare Corporation Page 3 9090 North Stemmons Freeway, Suite A Dallas, TX 75247 -3521 (975)445.6300 (800)566.3388 Vol. 212 Pg. RECOVERY�`�,� Healthcare Corporation (c) Recovery Healthcare Corporation shall maintain adequate inventory of all monitoring devices. Accordingly, there shall be no less than 20 GPS units and no less than 8 SCRAM devices at all times; (d) Recovery Healthcare Corporation (1- 800 -566 -3388) provides live technical support to assist Department staff with questions or issues that may arise with the Continuous Alcohol Monitoring (CAM) and Breath- Alcohol Testing (BAT) programs from 7:00 a.m. to midnight, seven days per week including holidays; (e) Recovery Healthcare Corporation, in cooperation with 3M Electronic Monitoring, provides live technical support to assist Department staff with questions or issues that may arise with the GPS program 24 hours, seven days per week including holidays. Department staff should contact 3M Electronic Monitoring at (888) 858 -9938 for overall monitoring system operational features or Recovery Healthcare Corporation at (1- 800 -566 -3388) for issues pertaining to individual offenders or equipment repair needs; (f) Recovery Healthcare Corporation, for an additional fee, offers Enhanced GPS Monitoring consisting of: • Violation alert management 24/7/365 including holidays; • After hours telephonic notification to Department staff, if desired; • After hours telephonic contact with the offender to investigate alerts; • After hours e-mail reports from Monitoring Center staff to Department representatives of confirmed violations; • After hours telephonic law enforcement notification of confirmed violations committed by select offenders identified by the Department. (g) Recovery Healthcare Corporation will explain the rules and stipulations of the program, and the functions of the device to the Participant, as well as, require the offender to complete a Program Participant Agreement; (h) Recovery Healthcare Corporation will provide installation of equipment in accordance with the manufacturer's recommended guidelines for every offender referred by the Department within the timeframe specified; (i) Recovery Healthcare Corporation staff will troubleshoot all alerts and tamper events; (j) Recovery Healthcare Corporation will provide written reports (via e-mail) of offender enrollment, non - compliance, termination, and any other information requested; (k) Recovery Healthcare Corporation shall notify referring authorities of offender non- compliance (curfew violations, missed alcohol tests, equipment manipulation and obstructions, alcohol use, equipment tampers, unauthorized removal, etc.) and provide written reports as required by agreement with the referring agent, typically within 24 hours of reporting the act of non - compliance; Recovery Healthcare Corporation Page 4 9090 North Stemmons Freeway, Suite A Dallas, TX 75247 -3521 (975)445.6300 (800) 566-3388 Vol. 212 Piz. A 6/� ._,_ RECOVERY Healthcare Corporation (t) Recovery Healthcare Corporation will terminate monitoring immediately upon written request from the Department and make a good faith effort to recover all equipment within 24 hours; (m) Recovery Healthcare Corporation will provide the Department with a: Monthly report of all GPS offenders currently monitored on Active and Passive supervision levels; • Monthly report of all offenders currently monitored on SCRAM CAM; • Monthly SCRAM CAM compliance reports for each individual participating in the program. (n) Recovery Healthcare Corporation's Dallas -based Division Managers will provide oversight to ensure prompt offender enrollment, secure monitoring, thorough documentation and timely dissemination of violation notifications; (o) Recovery Healthcare Corporation will invoice the offenders in advance for the services provided; (p) Recovery Healthcare Corporation will notify the Department of any participant that is $350.00 delinquent on serve time monitoring and has at least ten days remaining on sentence. No serve time participant shall be terminated without proper court order; (q) Recovery Healthcare Corporation will initiate program termination for bond monitoring in accordance with the following procedures: • GPS /SCRAM CAM/SOBERLINK: When the offender's participation fee account has reached an outstanding balance of $500 or more (please see Exhibit A). • SCRAM CAM / SOBERLINK: Recovery Healthcare Corporation shall notify by email/written documentation the CSCD, Department, Presiding Court and District Attorney or County Attorney if the offender has committed certain program violations (failure to return phone calls from RHC staff in a timely manner, failure to download data from the SCRAM CAM device, and failure to submit to equipment maintenance or failure to perform a test for 48 consecutive hours without authorization. (r) Recovery Healthcare Corporation will pay the shipping costs for all equipment delivered to Brazos County; (s) Recovery Healthcare Corporation will abide the sole responsibility for collecting, from the offenders, 100% of the cost for repairing or replacing all lost, damaged or stolen equipment. The Department will not be held responsible for reimbursing Recovery Healthcare Corporation for such equipment; (t) Recovery Healthcare Corporation will bill the offenders for the replacement and repair costs of all lost, damaged and stolen equipment: Recovery Healthcare Corporation Page 5 9090 North Stemtnons Freeway, Suite A Dallas, TX 75247 -3521 (975) 445-6300 (800) 566 -3388 Vol. 21212. 26_"-7 -- RECOVERY Healthcare Corporation GPS Bracelet $ 800.00 GPS Charger $ 50.00 GPS Strap $ 10.00 GPS Beacon $ 350.00 SCRAM CAM Bracelet $1,200.00 SCRAM CAM Base Station $ 400.00 SCRAM CAM Multi- Connect $ 400.00 SCRAM CAM Strap $ 100.00 SCRAM CAM Power Cord $ 7.00 SCRAM CAM Phone Cord $ 3.00 SCRAM CAM Antenna $ 15.00 Soberlink Device (SL -2) $ 600.00 Soberlink Charger $ 25.00 Soberlink Case $ 25.00 SCRAM Remote Breath $ 340.00 (u) Recovery Healthcare Corporation reserves the right to file criminal charges against any offender who is responsible for lost, damaged or stolen equipment. II. General Duties of the Brazos County Community Supervision and Corrections Department: (a) The Department will provide reasonable workspace for equipment installer(s); (b) The Department will provide the name, job title, and contact information for the person or persons designated to receive reports of non - compliance, notification of installation and de- installation, and other administrative and informational reports; (c) The Department will notify Recovery Healthcare Corporation on or before the date that a different person(s) has been designated to receive the reports identified in paragraph (b) above or any revisions have been made to the existing individual's contact information; (d) The Department will report all incidents of lost, damaged and stolen equipment to Recovery Healthcare Corporation within one (I) calendar days of discovering the event. III. Limitations and Liabilities (a) Recovery Healthcare Corporation expressly disclaims any warranty that it's service or that its system is impervious to tampering. In no event shall Recovery Healthcare Corporation Recovery Healthcare Corporation Page 6 9090 North Stemmons Freeway, Suite A Dallas, TX 75247.3521 (975) 445 -6300 (800) 566 -3388 Vol. 212 1 °g. go RECOVERY Healthcare Corporation be liable for any direct, indirect, special, consequential, or incidental damages in connection with or arising out of the•performance or use of the products or services provided under this agreement or any orders hereunder. In no event shall Recovery Healthcare Corporation assume or bear any responsibility or liability for acts that may be committed by an offender or persons subject to, using or monitoring the equipment; (b) Recovery Healthcare Corporation shall not be liable for any failure or delay in performance of this agreement hereunder which is due in whole or in part to any cause beyond its control; (c) Recovery Healthcare Corporation will maintain the right to conduct business development activities with other agencies, Courts, and service providers in Brazos County, Texas; (d) Under this agreement, Recovery Healthcare Corporation shall act as an independent contractor and is solely responsible for required workman's compensation insurance, personal property insurance, property damage and automobile insurance for all employees and subcontractors; (e) Recovery Healthcare Corporation and Brazos agree to hold each other and its employees and agents, harmless and agrees to indemnify, its employees, and agents from claims or litigation, notwithstanding any other limitations in this agreement, from bodily injuries that may be caused by this equipment. ARTICLE II REPRESENTATIONS AND WARRANTIES Recovery Healthcare Corporation represents and warrants to and for the benefit of DEPARTMENT with the intent that DEPARTMENT rely thereon for the purposes hereof, the fallowing: 2.1 Leeal Status. Recovery Healthcare Corporation (1) is a validly organized and constituted sole proprietorship or partnership in the jurisdiction in which it is formed and in good standing therein; or, is a corporation duly incorporated and validly existing under the laws of the jurisdiction in which it is incorporated and in good standing therein; (2) is duly qualified to conduct business in the State of Texas; and (3) has legal power and authority to own or lease its properties and conduct its business as presently conducted. 2.2 Authorization. The making and performance of this AGREEMENT has been duly authorized by all necessary action and will not violate any provision of current law or Recovery Healthcare Corporation's charter or by -laws. The AGREEMENT has been duly executed and delivered by Recovery Healthcare Corporation and, assuming due execution and delivery by DEPARTMENT, constitutes a legal, valid, and binding AGREEMENT enforceable against Recovery Healthcare Corporation in accordance with its terms. 2.3 Taxes. Recovery Healthcare Corporation has filed all necessary federal, state, and foreign income and franchise tax returns and has paid all taxes as shown to be due thereon, including penalties and interest, or provided adequate reserves for payment thereof, except to the extent that same have become due and payable but are not yet delinquent, and except for any taxes and assessments of which the amount applicability or validity is currently being contested in good faith by appropriate proceedings. Recovery Healthcare Corporation Page 7 909D North Stemmons Freeway, Suite A Dallas, TX 75247 -3521 (975)445.6300 (800) 566 -3388 Vol. 212 Pg. 6a RECOVERY Healthcare Corporation 2.4 No Child Support Owing. In accordance with 231.006 of the Texas Family Code, no person who is the sole proprietor, a partner, a shareholder, or an owner of twenty -five percent (25 %) or more of Recovery Healthcare Corporation and who is now more than thirty (30) days delinquent in paying court ordered approved child support may receive payment from state funds under a contract. Under 231.006, Family Code, Recovery Healthcare Corporation certifies that it is not ineligible to receive the Payments and acknowledges that this AGREEMENT may be terminated and Payments may be withheld if this certification is inaccurate. 2.5 Use of Payments. No part of the Payments made to Recovery Healthcare Corporation will be expanded for any consultant fees, honorariums, or any other compensation to any employee of DEPARTMENT or for unallowable costs. Recovery Healthcare Corporation shall expend Payments made hereunder solely for providing direct services and for reasonable and allowable expenses directly related to the provision of Services. 2.6 Non - Discrimination. In the performance hereof, Recovery Healthcare Corporation warrants that it shall not discriminate against any employee, subcontractor, or offender on account of race, color, disability, religion, sex, national origin, age, or those who have or are perceived to have a disability because of AIDS or HIV infection, antibodies to HIV, or infection with any other probable causative agent of AIDS. Recovery Healthcare Corporation shall include the provisions of this paragraph regarding non - discrimination in each of its contracts with subcontractors so that such provisions will be binding upon each subcontractor. 2.7 Non - Collusion Recovery Healthcare Corporation warrants that no Person, other than a bona fide employee, has been employed to solicit or secure this AGREEMENT with DEPARTMENT, and Recovery Healthcare Corporation has not paid or agreed to pay any Person, other than a bona fide employee, any fee, commission, percentage, or brokerage fee, gift, or any other consideration, contingent upon or resulting from the execution hereof. For breach or violation of this provision, DEPARTMENT shall have the right to terminate this AGREEMENT without liability, or at its discretion to deduct from Payments, or otherwise recover, the full amount of such fee, commission, brokerage fee, gift, or contingency fee. ARTICLE III GENERAL CONDE 3.1 Duties and Obligations. Recovery Healthcare Corporation shall provide the Services in compliance with applicable federal and state law, including all constitutional, legal and court ordered requirements, whether now in effect or hereafter affected or implemented. 32 Visitationbv State Employees. Recovery Healthcare Corporation shall at all times allow employees /agents of the Governor, members of the Legislature and all other members of the Executive and Judicial branches of the State of Texas, the Contract Monitor, and any other persons designated by the DEPARTMENT and/or the Texas Board of Criminal Justice to monitor the delivery of Services and contract compliance of the Recovery Healthcare Corporation. 3.3 No Subcontractors. No subcontractor may be utilized by Recovery Healthcare Corporation unless DEPARTMENT has furnished prior written approval. 3.4 Confidentiality. When applicable, records of identity, diagnosis, prognosis, or treatment of any offender through this AGREEMENT shall be confidential and may be disclosed only in accordance with applicable laws. No Recovery Healthcare Corporation Page 8 9090 North Stemmons Freeway, Suite A Dallas, TX 75247 -3521 (975) 445.6300 (800) 566 -3388 Vol. 212 Pg. _,�__25 _ __ RECOVERY Healthcare Corporation information may be released without the offender's written consent as documented by a signed information release form. Recovery Healthcare Corporation shall notify department in writing if any legal process requires disclosure of an offender's record and shall obtain written acknowledgement of same from DEPARTMENT'S Authorized Representative. 3.5 Termination at Will Either parry may terminate this AGREEMENT for any reason whatsoever, without cause and at any time, by famishing to the other party thirty (30) days prior written notice. DEPARTMENT'S only obligation for terminating the AGREEMENT pursuant to this section shall be the payment to Recovery Healthcare Corporation of Payments earned hereunder up to the date of termination. Recovery Healthcare Corporation's only obligation for terminating this AGREEMENT pursuant to this section shall be to provide Services until the date of termination. Neither Recovery Healthcare Corporation nor DEPARTMENT shall thereafter be entitled to any other compensation. 3.6 Record Retention. All records shall be the property of DEPARTMENT. All records (electronic or paper) pertinent to the provisions of Services hereunder shall be retained by the Recovery Healthcare Corporation for a period of free years with the following qualification: If any audit, litigation or claim is started before the expiration of the five -year period, the records shall be retained until all audits, litigation, claims, or other findings involving the records have been resolved. The retention period for all records begins after DEPARTMENT has made the final Payment in accordance with this AGREEMENT. At the end of the five -year period, Recovery Healthcare Corporation will request disposition instructions from DEPARTMENT. ARTICLE IV ADMINISTRATION AND FISCAL SYSTEM 4.1 Administrative Controls. Recovery Healthcare Corporation shall establish, document and maintain adequate administrative, financial, and internal controls to ensure that only allowable and reasonable costs are expanded under this AGREEMENT. 4.2 Governing Board Responsibility. The appropriate goveming board or entity of Recovery Healthcare Corporation shall bear full responsibility for the integrity of the services provided, including compliance with applicable federal and state laws and regulations. Ignorance of any AGREEMENT provisions or other requirements contained herein shall not constitute a defense or basis for waiving or appealing such provisions or requirements. 4.3 Conflict of Interest. Recovery Healthcare Corporation shall not refer offenders for additional services without prior written approval of the DEPARTMENT. Recovery Healthcare Corporation shall develop and implement written internal policies that may be reviewed by the DEPARTMENT to ensure that members of the governing board, contractual personnel, consultants, volunteers, and employees do not use their positions with Recovery Healthcare Corporation for a purpose that is, or gives the appearance of being, motivated by a desire for personal gain or gain by a family member. 4.4 Remuneration. Staff of Recovery Healthcare Corporation shall not pay or receive any commission, consideration, or benefit of any kind related to the referral of an offender for treatment or engage in fee- splitting with other professionals. Recovery Healthcare Corporation Page 9 9090 North Stemmons Freeway, Suite A Dallas, TX 75247 -3521 (975) 445-6300 (800) 566 -3388 Vol. 21211g. RECOVERY Healthcare Corporation 4.5 Audits. Recovery Healthcare Corporation agrees to furnish DEPARTMENT and/or TDCJ with such information as may be required relating to the Services rendered hereunder. Recovery Healthcare Corporation shall permit DEPARTMENT to audit and inspect records and reports and to evaluate the performance of Services at any time. Recovery Healthcare Corporation shall provide reasonable access to all records, books, reports, and other necessary data and information needed to accomplish review of program activities, services, and expenditures, including cooperation with DEPARTMENT in its performance of random or routine audits to determine the accuracy of Recovery Healthcare Corporation reports. 4.6 Disclosure. Recovery Healthcare Corporation is required to immediately or timely, as the case may be, disclose to DEPARTMENT and TDCJ -CJAD the following: (a) If any Person who is an employee or director of Recovery Healthcare Corporation is required to register as a lobbyist under Texas Government Code Chapter 305, at any time during the term hereof, Recovery Healthcare Corporation shall provide to DEPARTMENT and TDCJ -CJAD timely copies of all reports filed with the Texas Ethics Commission as required by Chapter 305; (b) If any Person who is an employee, subcontractor, or director of Recovery Healthcare Corporation is or becomes an elected official (i.e., an elected or appointed state official or member of the judiciary, or a United States congressman or senator), during the term hereof; (c) Report any actions or citations by federal, state, or local governmental agencies that may affect Recovery Healthcare Corporation's licensure status or its ability to provide Services hereunder. 4.7 Withhold Payments. The DEPARTMENT may withhold payments for any ineligible claims including inadequate or untimely monthly invoices until such time as the ineligible, inadequate or untimely claim is resubmitted and/or corrected by Recovery Healthcare Corporation. Recovery Healthcare Corporation agrees to return any unearned amounts paid by the DEPARTMENT within (30) days following the final date of the contract period, or at the DEPARTMENT'S option, within thirty (30) days following the DEPARTMENT'S delivery to Recovery Healthcare Corporation a notice that amounts paid are to be returned to the DEPARTMENT. 4.8 Accounting Records. Recovery Healthcare Corporation agrees to maintain a separate accounting or bookkeeping system specifically isolating the revenue and expenditures associated with this AGREEMENT in accordance with fund accounting principles. 4.9 Payments to Recovery Healthcare Corporation. Recovery Healthcare Corporation shall submit Monthly Invoices (in writing or electronically) as required herein and shall receive payments from DEPARTMENT based thereon, subject to the provisions in this AGREEMENT. Recovery Healthcare Corporation will provide an itemized list of Services performed during the invoice period, including the names of all offenders served, the service provided, and the amount of time rendered with each. DEPARTMENT agrees to pay Recovery Healthcare Corporation within thirty (30) days after receipt of the Monthly Invoice. 4.10 Specific Measures. All terms of this AGREEMENT are subject to monitoring and verification; however, the Recovery Healthcare Corporation must have available for the DEPARTMENT'S inspection records to support performance of those measures outlined in Article I herein. Recovery Healthcare Corporation Page 10 9090 North Stemmoos Freeway, Suite A Dallas, TX 75247 -3521 (975) 445 -6300 (800) 566 -3388 Vol. 212 Pg. RECOVERY Healthcare Corporation 4.11 Misspent Funds. Recovery Healthcare Corporation will refund expenditures of Recovery Healthcare Corporation that are contrary to this AGREEMENT and deemed inappropriate by the DEPARTMENT or designee. ARTICLE V DEFAULT AND TERAMATION 5.1 Default by Recovery Healthcare Corporation. Each of the following shall constitute an Event of Default on the part of the Recovery Healthcare Corporation: a. A material failure to keep, observe, perform, meet, or comply with any covenant, term, or provision hereof, which failure continues for a period of twenty (20) days after receipt of Recovery Healthcare Corporation of written notification thereof; b. (1) Admit in writing its inability to pay its debts; (2) make a general assignment for the benefit of creditors; (3) suffer a decree or order appointing a receiver or trustee for it or substantially all of its property, and, if entered without its consent, same is not stayed or discharged within sixty (60) days of such decree or order, c. (4) suffer filing under any law relating to bankruptcy, insolvency, or the reorganization for relief of debtors by or against it and, if contested by it, not to be dismissed or stayed within sixty (60) days of such filing; or suffer any judgment, writ of attachment or execution, or any similar process issued or levied against a substantial part of its property that is not released, stayed, bonded, or vacated with sixty (60) days after such issuance or levy, and d. The discovery by DEPARTMENT that any statement, representation of warranty in this AGREEMENT is false, misleading, or erroneous in any material respect. 5.2 Remedy of DEPARTMENT. Upon the occurrence of an Event of Default by Recovery Healthcare Corporation, DEPARTMENT shall notify Recovery Healthcare Corporation of such Event of Default, and subject to the time provisions of Section 5.1 hereof, DEPARTMENT shall have the right to pursue any remedy it may have at law or in equity, including, but not limited to, (a) suspend referral of offender; (b) suspend payment; (c) taking action to cure the Event of Default, in which case DEPARTMENT may offset against any Payments owed to Recovery Healthcare Corporation all reasonable costs incurred by DEPARTMENT in connection with its efforts to cure such Event of Default; and (d) termination and removal of Recovery Healthcare Corporation as provider of Services. In the event of Recovery Healthcare Corporation's removal due to an Event of Default, DEPARTMENT shall have no further obligations to Recovery Healthcare Corporation after such removal and in such event, Recovery Healthcare Corporation agrees to cooperate with DEPARTMENT regarding a transition to new provider of Services. 5.3 Default by DEPARTMENT. The following shall constitute an Event of Default on the part of DEPARTMENT: failure by DEPARTMENT to pay within thirty (30) days after Payment is due any Payment required to be paid pursuant to the terms hereof, provided such failure to pay shall not constitute an Event of Default if the Comptroller of the State of Texas has withheld any payments pursuant to statutory authority. Recovery Healthcare Corporation Page 11 9090 North Stemmons Freeway, Suite A Dallas, 7X 75247 -3521 (975) 445 -6300 (800) 566 -3388 Vol. 212 Pg. RECOVERY Healthcare Corporation 5A Remedy of Recovery Healthcare Corporation. Upon an Event of Default by DEPARTMENT, Recovery Healthcare Corporation's sole remedy shall be to terminate this AGREEMENT. Upon such termination, Recovery Healthcare Corporation shall be entitled to receive Payment from DEPARTMENT for all Services satisfactorily furnished hereunder up to and including the date of termination. 5.5 AGREEMENT Subject to Availability of Funds. This AGREEMENT will be subject to the availability of funds as appropriated by the State Legislature and as made available by the Community Justice Assistance Division of the Texas Department of Criminal Justice. If such funds become reduced or unavailable, this AGREEMENT shall be subject to immediate modification, reduction or termination. ARTICLE VI INDEPENDENT CONTRACTOR Recovery Healthcare Corporation is associated with DEPARTMENT only for the purposes and to the extent set forth herein, and with respect to the performance of Services hereunder, Recovery Healthcare Corporation is and shall be an independent contractor and shall have the sole right to supervise, manage, operate, control, and direct the performance of the details incident to its duties hereunder. Nothing contained herein shall be deemed or construed to create a partnership or joint venture, to create the relationships of an employer - employee or principle- agent, or to otherwise create any liability for DEPARTMENT, the Texas Board of Criminal Justice, the Texas Department of Criminal justice, the State of Texas and its offices, agents, and employees (hereafter, collectively referred to as the "State") whatsoever with respect to the indebtedness, liabilities, and obligations of Recovery Healthcare Corporation or any other party. Recovery Healthcare Corporation shall be solely responsible for (and DEPARTMENT shall have no obligation with respect to) payment of all Federal Income, F.I.CA, and other taxes owed or claimed to be owed by Recovery Healthcare Corporation, arising out of Recovery Healthcare Corporation's association with DEPARTMENT pursuant hereto, and Recovery Healthcare Corporation shall indemnify and hold DEPARTMENT harmless from and against any and all liability from all losses, damages, claims, costs, penalties, liabilities, and expenses howsoever arising or incurred because of, incident to, or otherwise with respect to any such taxes. ARTICLE VII NIISCELLANEOUSPROVISIONS 7.1 Inconsistencies. Where there exists any inconsistency between this AGREEMENT and other provisions of collateral contractual Agreements that are made a part hereof by reference or otherwise, the provisions of this Agreement shall control. 7.2 Severability. Each paragraph and provision hereof is severable from the entire AGREEMENT and if any provision is declared invalid, the remaining provisions shall nevertheless remain in effect. 7.3 Prohibition Against Assignment. There shall be no assignment or transfer of this AGREEMENT without the prior written consent of both parties. 7.4 Law of Texas. This AGREEMENT shall be governed by and construed in accordance with the laws of the State of Texas and shall be enforced in the county of the applicable judicial district in which this agreement was entered. Recovery Healthcare Corporation Page 12 9090 North Stemmons Freeway, Suite A Dallas, TX 75247 -3521 (975) 445 -6300 (800) 566 -3388 - - -- VnL-212-P-z—A /&/) - RECOVERY Healthcare Corporation 7.5 Notices. All notices called for or contemplated hereunder shall be in writing and shall be deemed to have been duly given when personally delivered or forty-eight (48) hours after mailed to each party by certified mail, return receipt requested, postage paid. 7.6 Entire. This AGREEMENT incorporates all the agreements, covenants, and understandings between the parties hereto concerning the subject matter hereof, and all such covenants, agreements, and understandings have been merged into this written AGREEMENT. No other prior agreement or understandings, verbal or otherwise, of the parties or their agents shall be valid or enforceable unless attached hereto and/or embodied herein. 7.7 Amendment. No changes to this AGREEMENT shall be made except upon written agreement of both patties. 7.8 Headines. The headings used herein are for convenience of reference only and shall not constitute a part hereof or affect the construction or interpretation hereof. 7.9 Counterparts. This AGREEMENT may be executed in any number of and by the different parties hereto on separate counterparts, each of which when so executed shall be deemed to be an original, and such counterparts shall together constitute but one and the same instrument. 7.10 Terminolooy and Definitions. All personal pronouns used herein, whether used in the masculine, feminine, or neutral, shall include all other genders; the singular shall include the plural and the plural shall include the singular. IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT including the Exhibits attached hereto and incorporated herein by reference to be executed as of st abo Fr�ti oude Honorable Duane Peters President/CEO County Judge, Brazos County Recovery Healthcare Corporation Date: / $ - ATTEST K eh McQueen 4! County Clerk, Brazos County Date: I U n I! t Date: Uhliq Christopher Kirk Sheriff, Brazos County Cr Date: ( p EXHIBIT A Recovery Healthcare Corporation 9090 North Stemmons Freeway, Suite A Dallas, TX 75247 -3521 (975) 445 -6300 (800) 566 -3388 VoL212_Pg. a-11 Page 13 RECOVERY Healthcare Corporation DEACTIVATION PROCEDURES FOR BOND NON - PAYMENT OF FEES Business Day Action: If a client is $500 delinquent, the following deactivation procedure shall be followed. Day 2: Initial Client Contact Call (4): CaIUTXT /email/Mail Statement • Introduce self • Go over contract payment choices made by client • Explain initial bill due in full day of set up & all billing is done in advance • Discuss future payment methods (4 choices: Call, online, mail, in person) • Ask for any initial billing amount due, if not paid • Notify have two days to pay to avoid demand letter — o Supply client with payment deadline • Notify CSCD, Referring Agency, Presiding Court, District or County Attorney Day 4: Call/TXT /email client- Demand Letter is being sent for failure to pay Mail Demand Letter (attached) with I� invoice and statement Call/Email CSCD, Referring Agency, Presiding Court, District or County Attorney Day 6: Call /TXT /email client for payment Day 9: Call/TXT /email that 10 Day Deactivation Notice is going out — • Supply client with payment deadline Mail 10 Day Deactivation letter with statement; Call/Email CSCD, Referring Agency, Presiding Court, District or County — • Supply above agencies with payment deadline /along with statement CC: County Manager and/or Field Technician, Collections, Device department in Dallas Day 14: Call/TXT /email Client: Deactivation is imminent Call/Email CSCD, Referring Agency, Presiding Court, District or County Attorney Day 17: Call/TXT /email Client: Deactivation is imminent Call/Email CSCD, Referring Agency, Presiding Court, District or County Attorney Day 19: Call/TXT /email Client: Deactivation will occur tomorrow: (unless day 20 is on a Friday) • Check status of payment • Remind of payment deadline Day 20 Ipm, (unless day 20 is on a Friday) Call/Email PC, Referring Agency, Presiding Court, District or County: • Send out Failure to Pay email: deadline to PO Day 20 Ipm (unless day 20 is on a Friday) CC: County Manager and/or Field Technician, Collections, Device department in Dallas Day 20: Call client for payment - Payment deadline at Ipm Make appointment with client to return equipment Recovery Health care Corporation Page 14 9090 North Stemmom Freeway, Suite A Dallas, TX 75247 -3521 (975) 445 -6300 (800)566.3388 --Vol. 212 Pg. � RECOVERY Healthcare Corporation By 3:00pm on Mondays to Thursday — Deactivations will not be done on Fridays or on or near Holidays (If you have questions please speak with a Manager for clarification. Call/Email PO or referring agency with deadline information and return equipment appointment CC: County Manager and/or Field Technician, Collections, Device department in Dallas Documents: • Sample emaiVTXT introduction Demand Letter • 10 Day Deactivation Letter for client 10 Day Deactivation email for PO • Failure to Pay emaiVletter to Client • Failure to Pay email to PO Recovery Healthcare Corporation Page 15 9090 North Stemmons Freeway, Suite A Dallas, TX 75247 -3521 (975) 445.6300 (800) 566 -3388 Vol. 212 Pg. 02/3 RECOVERY Healthcare Corporation EXHIBIT B DEACTIVATION PROCEDURES FOR BOND SCRAM CAM NON - COMPLIANCE The supervising authority shall be notified three (3) times of offender non - compliance prior to deactivation. Day 1 - Call offender and discuss alert. Document in case management notes. Day 2 - Call offender again with a reminder that the supervising authority will be notified the next day if the alert is not resolved. Document in case management notes. Day 3 - Notify supervising authority of offender non - compliance. Explain the non - compliance deactivation rule. Document in case management notes. Day 4 - Advise offender that supervising authority has been notified and the 10 day deactivation protocol has commenced. Document in case management notes. Day 5 - Repeat steps outlined in Day 4. Day 6 - Notify supervising authority again of offender's continued non - compliance and outline all attempts made to get him/her to comply (offender has been contacted 4 times at this point). Document in case management notes. Day 7 - Repeat steps outlined in Day 4. Day 8 - Repeat steps outlined in Day 4. Day 9 - Repeat steps outlined in Day 4. Remind offender that he/she will be deactivated the next day (Day 10). Document in case management notes. Day 10 - Notify offender of his deactivation for non - compliance. Deactivate offender and notify supervising authority of the deactivation. Document in case management notes. Recovery Healthcare Corporation Page 16 9090 North Stemmons Freeway, Suite A Dallas, TX 7 5247 -3 521 (975) 445 -6300 (800) 566 -3388 Vol. 212-Pg. �/ _ _ __ �z �eor Brazos County O�"�t NCO p of Purchasing Department 200 S. TX AVE., SUITE 352 BRYAN, TX 77803 PHONE (979) 361 -4290 FAX (979) 361 -4293 BRAZOSCOUNTY BID/RFP/RFQ DOCUMENTATION SHEET The Purchasing Department would like to request Commissioner's Court approval to advertise and go out for Bid on the following: DATE: TITLE: November 10, 2014 2014 -27 Small Equipment Rental REQUESTING DEPARTMENT: Purchasine APPROVAL SIGNATURE: Duane Peters, County Judge DATE APPROVED: W I I`6I M - - - Vol. 212 Pg. ��/ z3 ^E Oi T _ t Brazos County o`VTY.OF �p0.y Purchasing Department 200 S. TX AVE., SUITE 352 BRYAN, TX 77803 PHONE (979) 361 -4290 FAX (979) 361 -4293 BRAZOS COUNTY BID/RFP/RFQ DOCUMENTATION SHEET The Purchasing Department would like to request Commissioner's Court approval to advertise and go out for Bid on the following: DATE: November 10, 2014 BID NUMBER: 2015 -11 TITLE: Culverts REQUESTING DEPARTMENT: Road and Bidge APPROVAL SIGNATURE: Duane Peters, County Judge DATE APPROVED: 11 I g (I`-( Vol. 212 Pg. C�1-1 4 Investigate Number: 11410C25609 A RIGHT OF WAY EASEMENT STATE OF TEXAS) Map Number: 252 -384 COUNTY OF BRAZOS) KNOW ALL MEN BY THESE PRESENTS That , hereinafter called the Grantors, for a good and valuable consideration, the receipt and sufficiency of which Is hereby acknowledged, do grant unto the City of Bryan, a Texas home rule municipal corporation, doing business as "Bryan Texas Utilities" (°BTU ") and to its successors and assigns, an easement and right -of -way upon, under, over, and across property owned by Grantor and located in the County of Brazos, State of Texas, which property (the "Property ") is described as follows: (Describe only thepart of Grantor's Property covered by this eesemenl) BEING JOHN AUSTIN, BLK 19, LOT 2 ACRES 11.9213 (herein the "Property ") BEGINNING and ending as shown in exihibit "A ". The width of this easement hereby granted is described as follows: A 10' wide electric easement as shown on the attached Exhibit "A". (herein the "Easement") The Easement Area granted by this instrument (the "Easement ") Is subject to the following conditions: 1. BTU has the right to install, operate, relocate, construct, reconstruct, add to, maintain, Inspect, patrol, enlarge, repair, remove and replace Utility Facilities upon, over, under, and across the Property included in the Easement and to remove Utility Facilities from the Property, and the right of ingress and egress on Grantor's properly adjacent to the Easement for the same purposes. For purposes of the Easement, the phrase "Utility Facilities" shall Include a variable of number of cables, conductors or wires, insulators, cross arms, protective devices, meters, terminal boxes, transformers, structures, poles, props, guys, anchors, conduit, and other necessary and desirable devices relating to electric energy and /or communication. 2. BTU has the right to trim and /or remove, from the Easement, without payment due to Grantor, all trees, branches, underbrush or any other obstruction which might endanger or interfere with the operation, safety, or efficiency of the Utility Facilities on the Property on which the Easement is located. 3. The Grantor covenants for itself, his or her personal representatives, executors, and /or successors and assigns, not to place or maintain any building, structure, or any other obstruction on or within the Easement, or to use the surface of the Easement Area for any purpose that would Interfere with or prevent the use by BTU of the Easement for the purposes set forth herein. The Grantor shall have the right to use the surface of the Easement for streets, roads, driveways, alleys, walks, gardens, lawns, plantings or park areas and any other like uses. 4. BTU has the right to assign all or part of the rights granted to It, pursuant to this Agreement it receives under the Easement. The Easement will inure to the benefit of BTU and BTU's successors and assigns. 5. Grantor acknowledges and agrees that the location of the Easement is based only on preliminary surveys and that the rights granted by this Easement shall apply to the actual location of Utility Facilities, when constructed. 6. Grantor binds Grantor and Grantor's heirs, successors, and assigns to WARRANT and FOREVER DEFEND, all and singular, the rights and premises granted to BTU by this Instrument. 7. Grantor covenants, represents and warrants that Grantor has good and marketable title to the Property and the unqualified right to grant the privileges contained herein. Page I of 2 Vol. 212 Pg. eL Investigate Number: 141OC25809 �h Map Number: 252.384 IN WITNESS WHEREOF, the Grantors execute this instrument this 1�— day of KbW, °iQr1(e K 1- -,ADQ014. Booneville CbMtery Duane Peters STATE OF 7Y(A7d COUNTY OF�i((A`r7 ",f"— (� Before me, the undersigned authority, on this day personally appeared it S subscribed to the foregoing instrument and a9knowledged to me that Wed the, san considerati the ein expressed. iyen der my hand and seal of office this day, of � ��StOZ1601g0•dx3 wwo0 Ayy SVX31 d0 31V.LS E ollgnd AJaION Notary Public/ State of $ wo4s)o3 Aumpae a ........................ IN WITNESS WHEREOF, the Grantors execute this instrument this , AD 2014. whose name is ,for the purposes and day of STATE OF COUNTY OF Before me, the undersigned authority, on this day personally appeared whose name is subscribed to the foregoing instrument and acknowledged to me that executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this day of , AD 2014. Notary Public/ State of IN WITNESS WHEREOF, the Grantors execute this instrument this , AD 2014. day of STATE OF COUNTY OF Before me, the undersigned authority, on this day personally appeared whose name is subscribed to the foregoing Instrument and acknowledged tome that executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this day of , AD 2014. Notary Public/ State of IN WITNESS WHEREOF, the Grantors execute this instrument this AD 2014, day of STATE OF COUNTY OF Before me, the undersigned authority, on this day personally appeared whose name is subscribed to the foregoing Instrument and acknowledged tome that executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this _ day of , AD 204. Notary Public/ Slate of Page 2 of 2 Vol. 2 12 Pg. �r Vol. 212 Pg. BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT: Road & Bridge MEETING DATE: November 18, 2014 SUBJECT: Temporary Utility Permit — Apache Corporation Consider and take action on the Apache Corporation utility permit to install temporary 10" polyurethane (Flat Hose) water line along the right of way a distance of 1,650 feet on Leonard Road. Project will provide water to oil well location. Site is located in Precinct 4. SUBMITTED BY: (Q Lo L' Darrell W. Kolwes Right of Way Agent APPROVED BY: �C"ZIIL Irma Cauley Commissioner Precinct 4 This request is W6;PROVED / DENIED 0 by Commissioners' Court Duane Peters, County Judge DATE: 11 hfiq Vol. 212 Pg. "2'z�o z6 APPLICATION FOR WATER UTILITY PERMIT DESIGNATING PLACEMENT OF UTILITY IN COUNTY RIGHT OF WAY TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS Pursuant to the Texas Utility Code, Section 181.024, comes now Apache Corporation [company name], hereinafter referred to as "Company" a Texas [state] Corporation, with authority to transact business in Texas, acting by and through its duly authorized representative, and hereby petitions the County Engineer for the right to lay, construct, maintain, repair and/or operate a gas facility under, over, across and/or along certain County Roads as shown on drawings and diagrams attached hereto and said location described as follows: Facility to Cross Road Road Name & Block Number Length of Crossing TYPE OF CONSTRUCTION - CHECK ONE Depth Distance Bored lacked Driven Cased Leonard Road 30 036'14.10 "N 30036'25.79 "N On Surface 1,650 feet 96 026'26.95 "W 96°26'13.49 "W Facility to Parallel County Road Within Right-Of- Road Name and Block Number From To Depth Distance Leonard Road 30 036'14.10 "N 30036'25.79 "N On Surface 1,650 feet 96 026'26.95 "W 96°26'13.49 "W CONSTRUCTION TYPE 10" Diameter .170" Wall Thickness Material Specification Polyurethane (Flat Hose) Maximum Operation Pressure 180 PSI PROJECT WILL LAY TEMPORARY 10" POLYURETHANE WATER LINE IN RIGHT OF WAY. The location and description of the proposed installation and appurtenances must be fully shown on the attached detailed drawings. The Company shall commence actual construction/work in good faith within 60 days from the date of said permit and shall complete said construction/work within 90 working days. (COMPANY MUST FILL Ili. If such construction is not begun by the 60th day, Company will be required to apply for a new permit. Company declares that prior to filing this application, it has ascertained the location of all existing utilities, both aerial and underground, and the filing of this application is prima facie evidence that the proposed installation will not conflict with any existing utility. A copy of this permit shall be kept at the job site any time work is being performed. It is expressly stipulated that this Permit is a license for permissive use only and that the placing of facilities upon public property pursuant to this permit shall not operate to create or vest any property right in said holder. It is understood and agreed that the rights and privileges herein set out are granted only to the extent of the County's right, title and interest in the land to be entered upon and used by the holder and the holder will at all times assume risk of and indemnify, defend and save harmless Brazos County from and against any and all loss, damages, cost or expense arising in any manner on account of the exercise or attempted exercise by said holder of the aforesaid rights and privileges. Vol. 212 Pg. 121 Any deviation from these specifications must be approved by Brazos County Engineer's Office or its designated representative. Approval of County Engineer's Office may take as long as two weeks after complete application is received. Applicant agrees to comply with all rules of the County Commissioners and the County Engineer in construction of said installation attached hereto as BRAZOS COUNTY DESIGN STANDARDS AND SAFETY PRECAUTION REQUIREMENTS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY and incorporated herein for reference. In the event Company fails to obtain a permit prior to the installation or does not install utilities in compliance with installation requirements set forth herein (Le. depth, location, etc), Company assumes all financial responsibility for damages and/or destruction of lines, cables, etc. based upon its failure to comply with Brazos County requirements. Applicant agrees that if Brazos County demonstrates a violation of the terms of this policy, Applicant stipulates that requisites for injunctive relief exist and that Brazos County is entitled to relief enjoining any conduct by applicant which is contrary to the policies. This permit is a revocable permit. Brazos County reserves the right to revoke this permit at any time, in the sole discretion of Brazos County, for interests of public health, safety or welfare, or for failure to repair any damages upon demand, or for any other reason deemed sufficient by Brazos County. In the event Company fails to comply with any or all of the requirements as set forth herein, the County may take such action as tt deems appropriate to compel compliance. The County Engineer further retains the right to revoke this Permit by verbal notification to the Applicant/Company. Failure to obtain this permit and/or notify the County Engineer's Office within 24 hours of beginning construction shall constitute groundsfor job shutdown. By signing below, I certify that I am authorized to represent the Company listed below, and that the Company agrees to the conditions /provisions included in this permit. X a -4 e rm Compan Name 7o A sr-/- " 1> By: SigrTiatu 21M1 9. Title %*-7e%O i 21SS` Address Shook 77r T 3 SAS City S 4- State Zip 2344•G3S3 Telephone Numbers �1 r G.q m ovtav , IQ kt 4 rat`1Qtcf.. _ t:a.� Email: Vol. 212 Pg. ; , ,) WATER UTILITY APPROVAL Brazos County offers no objection to the proposed location of the utility in the County right of way as shown by accompanying drawings and notice dated It— /C) — 1 except as noted below: EXCEPTIONS: (Month/Day/Year) Brazos County Engineer Vol. 212 _Pg_� 2 ZY 0 CC O IE O w x J r i Q s cs x 0 d O x a d_ H rc O x O s y 4 s� 0 d W_ z CL w x J ui w H LU w U RIGHT-0 F4MAY Vol. 2R2 r =7 m 0 z D 0 z 0 U W C/) C) a F- :7 01 a 0 ct ct V) z 0 u U- 0 z 0 d c� 0 J 2 F CL 0 Y U7 Lt- 0 c� z O J Q 0 z 0 CJ X" 0 0 0 z Q z z Fn 00 vU zw N 1: N w m V J CL CL 0 z W z 0 0 w a I-- 1- z Z d 7 CL w O m d m �d \ \ y64' i \ +T '�t9,p Bes ",ry F R7S9�q,�QY � '0e°pO2 a4RT 'W hia 2 s N �R p elle . yx l� �y ay // J 4oFR R� s \ d Vol. 212 Pg.� / l J 1 r /� • • 4 N N O � • (B -0/ j C � N • N = ko (7 O (_n N #. O � O a C ,� CO L ham. O cD fY Y� Y• BRAZOS COUNTY ROADWAY SAFETY AND ROAD PRESERVATION STANDARDS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY A. General Requirements 1. Adequate drainage shall be maintained in ditches at all times. 2. Permittee will use best management practices (`BMP ") (EPA and TCEQ both provide lists of examples of BMPs) to minimize erosion and sedimentation resulting from the proposed installation. 3. The permittee shall take precautions to avoid damage to property. All County Right of Way and property shall be restored to its original condition, as far as practical, in the opinion of the County Engineer or appointed representative. 4. The construction and maintenance of such utility shall not interfere with the property or rights of a prior occupant. 5. Permittee shall not interfere with other utilities located in the right of way. In the event damages occur, permitme will be liable to the County or other utilities running through the right of way. 6. County Engineer shall determine whether or not permittee's plans shall inconvenience the public. If it is determined that inconvenience to the public exists, then the County Engineer will decide whether such project will be allowed or if an alternative exists so as not to inconvenience the public. B. Safety Requirements 1. Proper traffic control measures must be put in place prior to beginning work and remain in place during the duration of the job. All traffic control measures must follow the Texas Manual of Uniform Traffic Control Devices ( TMUTCD). See Traffic Control Requirements below. 2. During construction, all safety regulations of the Texas Department of Transportation shall be observed. 3. Permittee must take such precautions and measures, including placing and displaying safety devices, as may be necessary, in order to safely conduct the public through the project area. Company shall provide flagmen, signs, signals or devices necessary to provide complete safety to the public. 4. Adequate provisions must be made to cause minimum inconveniences to traffic and adjacent property owners. 5. No cable, conduit and/or pole line shall be laid, constructed, maintained and/or repaired so as to constitute a danger or hazard of any kind to persons or vehicles using such road. Any poles placed in the Right of Way for future installation shall be placed at the back of the Right of Way. Exceptions may be approved by the County Engineer. C. Traffic Control Plan 1. A traffic control plan, pursuant to the TMUTCD or Engineered Traffic Control Plan must be provided for the following: a. Any construction (i.e. pit, excavation, hole) left open overnight, requires specific nighttime traffic control measures pursuant to the TMUTCD; Vol. 212 Pg.—L-7-2_ b. If construction is within ten (10) feet of the roadway; or c. Any work performed in the road right -of -way; 2. Plan must be attached to the permit and kept at the job site anytime work is being performed. 3. Plan must set forth the time of completion for the job. D. Design Standards 1. All overhead installations shall conform to clearance standards of the Texas Department of Transportation and the pole be placed in the designated area for power specified as set forth in the Texas Utilities Code, Section 181.045. 2. All pole installation (including lighting) shall be placed at the backside of the Right of Way to ensure safety to the public. Any pole placed in violation of this requirement will be required to be moved to the appropriate location at the company's expense. Exceptions may be approved by the County Engineer. 3. All underground installations shall (these are minimum depths — utility may place deeper): a. be placed at a minimum depth of forty-eight (48) inches below the top of the pavement; b. be at least thirty -six (3 6) inches below ditch flow line when installation is within the area measured from top of bank to top of bank; c. be at least forty-eight (48) inches below ditch flow line if low pressure gas or petroleum lines. For high pressure gas and petroleum lines, see High Pressure Pipelines requirements listed below; d. not be closer than ten (10) feet from the edge of pavement. Exceptions may apply in rights of way of less than 60 feet. 4. Water Lines: All water lines must be a minimum 36-inches below the ditch flow line and cased. Waterlines shall be cased if crossing under the roadway. 5. Utilities in all new developments that have 60 feet or greater of right of way shall be installed within designated locations based upon the type of utility. The locations shall be as follows: (measured from back of right -of -way). Power — 0 to 2 feet, nominally P Phone — 2 to 4 feet, nominally 3' Gas — 4 to 6 feet, nominally 5' Cable — 6 to 8 feet, nominally 7' 6. Utilities with less than 60 feet right -of -way in all new developments shall install the utility in a similar manner as referenced in No. 3 above; however, the County Engineer or its designated representative will provide final approval of each utility location. 7. The length of any trench to be opened in advance of the pipe, conduit or ducts may not be longer than 400' if left open over night or unattended. Crossings under a county road shall: a. be bored or jacked. ABSOLUTELY NO OPEN CUTS WITHIN COUNTY ROAD PAVEMENT; b. be pressure grouted for the full length of the crossing ifthe annular space between pipe and casing and soil exceeds one (1) inch. Brazos County must be given 24 hours notice of pressure grouting operations and have the opportunity to have an inspector on site to observe pressure grouting operations; Vol. 212 P$. e�S' - c. TxDOT Standard Specification Item 476 shall be followed for all boring, jacking, tunneling and joints. 9. Bore Pits: a. no pits shall remain open longer than 2 days; b. all pits shall have proper traffic control measures in place. See Traffic Control Plan listed above. c. pits shall NOT be located within ten (10) feet from the edge of pavement without prior approval from the County Engineer or his representative; d. when pits are to remain open for more than 8 hours, due diligence will be used in protecting the spoil pile to prevent drainage problems; e. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity; f. based upon soil conditions, the County Engineer or his representative may require pits be placed further from the edge of road. 10. Any installation within ten (10) feet of edge of pavement shall meet the following: a. location must be approved by the County Engineer or his representative b. backfilled with cement stabilized material. c. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity. d. all excess water and mud shall be removed from the trench prior to backfilling. Any backfill placed during a rainy period or at other times where excess water cannot be prevented from entering the trench will be considered TEMPORARY and shall be replaced with PERMANENT cement stabilized material as soon as weather permits; e. all disturbed base and pavement materials shall be removed and restored to the satisfaction of the County Engineer or his representatives. f. no side or lateral tamping to fill voids under the base and pavement materials is allowed. 11. Company must be careful to not jeopardize the slope or integrity of the shoulder of the road. In the event Company damages the slope, shoulder or any other portion of the right -of -way, Company will be responsible for repairing the damage and replacing the right -of -way to the condition it was prior to commencing construction. 12. Operation of construction and/or maintenance equipment on the traveled surface of any improved County road will not be permitted, except in an instance whereby the laying, construction, maintenance and/or repair of cables, conduits and/or pole lines cannot be accomplished by any other method and in this event all such equipment shall be of the rubber tire variety. Appropriate traffic control shall be provided meeting TMUfCD requirements. 13. In the event said construction and/or maintenance and/or repair requires Company to remove, cut or jeopardize any section of the road (asphalt, cement, road base, etc.), Company will be required to provide a performance bond or letter of credit securing necessary repairs. Said bond amount will be determined by the County Engineer. 14. The applicant shall submit a letter of "No Objection" from the Army Corps of Engineers for all designated wetlands and environmentally sensitive lands. E. Emereencv work 1. In the event Company is required to perform emergency services, that requires excavation in a County Right of Way, and unable to notify the County Engineer prior to conducting emergency repairs, Company Vol. 212 Pa..� shall notify County Engineer within 24 hours of beginning construction/repairs. This will allow the County Engineer's Office an opportunity to inspect the site to ensure the integrity of the County Right of Way and traffic safety controls used. F. Repairs to existine facilities 1. Maintenance and/or repair to existing cables, conduits, and/or pole lines which require disturbance of the soil, shall not be performed until plans describing such maintenance and/or repair have been approved by the County Engineer or its designated representative and a permit has been obtained. G. Relocation of utilities 1. When and if the County Engineer determines that it is necessary for the construction, repair, improvement, alteration or relocation of all or any portion of said road, any or all poles, wires, pipes, cables or other facilities and appurtenances authorized hereunder, shall be removed from said road, or reset or relocated thereon, as required by the County Engineer within a reasonable time as determined by the County Engineer and Utility Company, and at the expense of the Utility Company. H. Hleh Pressure Pipelines 1. All utility Permits for high pressure pipelines (generally 60 PSI or greater), whether pertaining to controlled access or non - controlled access installations, should contain the following additional information in the description of the permit. - diameter -wall thickness - material specification - minimum yield strength - maximum operation pressure of the pipeline 2. With the exception of the maximum operation pressure of the pipeline, this information is to be supplied for both the carrier pipe and the casing. 3. Assurance must also be given that the installation material and design meet the minimum Federal Safety Standards for Liquid and Gas Pipe Lines. Assurance must be provided on company letterhead and signed by an authorized representative of the company. 4. Petroleum Pipelines: Depth 'lope of Pipeline (below deepest ditch eradel Special Reauirements Encased Pipe Less than 10' Must be covered with concrete pad at least 36" deep Encased Pipe Greater than 10' No concrete pad required Non -Cased Pipe Less than 10' Must be covered with concrete pad at least 48" deep Non -Cased Pipe Greater than 10' No concrete pad required Concrete pad shall be minimum of 3" thick and width shall be pipe diameter plus 18" minimum 5. Under no circumstances will a pipeline be installed parallel to a County Road within the Right -of- Way. Transmission lines have been determined to be petroleum pipelines (which includes natural gas lines) and shall not be parallel to a County Road. 6. Natural Gas Distribution is a line that serves the final customer. Vol. 212 Pg—_�2_36 1KI�e °i ^9aT P15 : 4 SIRIzi Y -' 1SE: E3g- Ee- n Cg €,j 8 E I�8I8I U JAW! R $9-8 O -` ♦ .KIt = w O oO �y y 6Sgp4 Eg= ggB ^-1_1 Pit W C Avplra6 - ? U ?Fgs'z I taM� 1g3��6 &� eg[p xx x i _E• ��elR�e� °3E bd�srs�a$sj�A as Y�x RRE.IRRSpi�X N S 0 aDY N I.F JCK o °a aV. W O F LL a� gfp _ w laE e$ Y 1SE: E3g- Ee- n Cg €,j 8 E uS3 U Ye64 r58= �a -"g�E EY $55€ -fi o� €9 O -` ♦ .KIt = w O oO �y y 6Sgp4 Eg= ggB ^-1_1 Pit W C Avplra6 - ? U ?Fgs'z I taM� 1g3��6 &� eg[p xx x .. .A . N S 0 aDY N I.F JCK o °a aV. W O F LL a� gfp _ w 2- L.�y � _.. — I�.uc i —em "I -.x 1 • ' -�n^ I ° � _ I vm et <s- I / — — _ \ \1• f I a I i.cc I {/ • I 1 I � I AKI•.:a ♦' "1y`y h /•,� 09 I i y �ry Ie: cc .m c>7 9g3 6 `2 l.Jl -U � � I !n 1'x'•5 tvii9 ' F, i €iYE[b._[ e E5r3 �R,a {e Ste.}, —)k� iN' °+.��k P[. � • tTA•vc _. .a [_ v._.rm ., v.'�i 3:•� �.Vi1v N�iV gN:r'GL'C Vol. 212 Pg. W o t, J 0 O � S � n � — 0.0 w � U U F a > Y O w o ' J � W O 0 Z O N 5 0 w c Z o ' U U C ~ Q > d N U Y O 3 yo 1 I U Z 6 O ♦ .KIt = w O oO �y W C Avplra6 - ? U 2- L.�y � _.. — I�.uc i —em "I -.x 1 • ' -�n^ I ° � _ I vm et <s- I / — — _ \ \1• f I a I i.cc I {/ • I 1 I � I AKI•.:a ♦' "1y`y h /•,� 09 I i y �ry Ie: cc .m c>7 9g3 6 `2 l.Jl -U � � I !n 1'x'•5 tvii9 ' F, i €iYE[b._[ e E5r3 �R,a {e Ste.}, —)k� iN' °+.��k P[. � • tTA•vc _. .a [_ v._.rm ., v.'�i 3:•� �.Vi1v N�iV gN:r'GL'C Vol. 212 Pg. W o t, J 0 O � S � n � — 0.0 w � U U F a > Y O w o ' J � W O 0 Z O N 5 0 w c Z o ' U U C ~ Q > d N U Y O 3 M BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT: Road & Bridge MEETING DATE: November 18, 2014 SUBJECT: Utility Permit — Verizon Consider and take action on the Verizon utility permit to place 24 fiber optic line within right of way of Louis Mikulin Road and cross under road to Axis Pipe entrance. Line will supply services to Axis Pipe. Site is located in Precinct 4. SUBMITTED BY: (Z a A �) � -kat t-- Darrell W. Kolwes Right of Way Agent APPROVED BY: Irma Cauley Comrnissioner Precinct 4 This request is YJ APPROVED / ❑ DENIED by Commissioners' Court Duane Peters, County Judge DATE: 1 Vol. 212 Pg. �3,7— NOTIFICATION OF PROPOSED INSTALLATION AND /OR REPAIRS OF TELEPHONE FACILITIES AND DESIGNATING PLACEMENT OF UTILITY IN COUNTY RIGHT OF WAY TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS Comes now Verizon [company name], hereinafter referred to as "Company" a Texas [state] Corporation, with authority to transact business in Texas, acting by and through its duly authorized representative, and hereby notifies the County Engineer of its intent to lay, construct, maintain, repair and/or operate a telephone facility under, over, across and/or along certain County Roads as shown on drawings and diagrams attached hereto and said location described as follows: Beginning at the intersection of Louis Mikulin Road and the feeder road at SH 6, Verizon will lay a 24 fiber line 48 inches in depth in the right of way of Louis Mikulin Road within 3 feet of the ROW line. This line will extend from this intersection on the north side down to the Axis Pipe entrance as shown on the attached drawings. Line will provide service to Axis Pipe. The location and description of the proposed installation and appurtenances must be fully shown on detailed drawings attached to this Notification. The Company shall commence actual construction/work in good faith within 60 days from the date of said permit and shall complete said construction /work within 14 working days. (COMPANY MUST FILL IN). If such construction is not begun by the 60th day, Company will be required to provide a new notice. Company declares that prior to filing this application, it has ascertained the location of all existing utilities, both aerial and underground, and the filing of this application is prima facie evidence that the proposed installation will not conflict with any existing utility. A copy of this notice shall be kept at the job site any time work is being performed. In the event of deviation from this notice, the Brazos County Engineer's Office or its designated representative will be notified as soon as practicable. Vol. 212 Pg. 2 —3 Approval of County Engineer's Office may take as long as two weeks after complete application is received. Failure to notify the County Engineer's Office within 24 hours of beginning construction shall constitute grounds for job shutdown. By signing below, I certify that I am authorized to represent the Company listed below, and that the Company agrees to the conditions /provisions included in this notification. V �[ f Z-�o r'.\ Company Name C C g -,Wd&. By: Signature ll elW � S�iL/ Title Address Telephone Number E -mail Vol. 212 Pg� ACCEPTANCE OF NOTIFICATION Brazos County offers no objection to the proposed location of the utility in the County right of way as shown by accompanying drawings and notice dated except as noted below: EXCEPTIONS: <Qajl �y Brazos County Engineer -- - - - VQL 212 �mul6 °� m i'nnnTNinRumim m�`m amour yrvmry�_fi n m��mpp'"•^ W _ a ;N-0:u i' S ivom4m�pm °ry : i;a.Y.'� °on HWy 6 N_ " a w � rn i mi #..1~iLL5F4 m N R il y i Q IJN IP =�® Smmn�9m'a' n y N mN U ld 13315 I g E 85 �i 4 I:md :i: B�•l nts I o y ° = a m ymjN 1 1 ^ 0 ONrimBmaM •_'ry N I J w dY mg mppg' %,m,.-m° -� , 2 ila�lmi�IMP o'0q '¢.6 m =O m F W y1 i S-N6 mJ.LL4 0 p N I 6 Z pQ 6 1 �i 1 d maQ� —1� NZNjI O YmJI N 1 I 1 \ I _ 9E009L8 -800 -1 T 3dld 03401dX3 ZY•9 nLS 1 I \\ 3Nl]3dfd \\ f+- I 1I � VI I \ 1 f 4 ge CO F Y �vw r= + w LL � W_.I Q 2 N D- p 11 N cr O W Q� 1� 1– F– Z O 1 (n IL i w ® ¢ 0 wi Lt! C LLJ R� O U R W m Q In d Z I N = i u i I ti U � 1 1 l J I p 1 1 1 w ti 1 it i I 1 it I N I 1 Z dM 335 �' Z dM 33S Z Vol. 212 Pg. 9.j WP PI > 4 4 I� s I '� P e £ej fl-tipmet i Qyl W 1.6 •zz ,�,��' ! = 1 E 16 4 uNl'� g� m 6t•L1 UPa� S al tl15 w o n u�W yyNI9W J I�i��ll�mrvN i <iM1 b a' � d ;d•a¢ S � N > 4 4 I� a I IN P e £ej .�.. i Qyl W TdI.T 4 •zz ,�,��' mvN6� W 3 E p � m PN � A 9 B rym 0 m�m� BW 4 uNl'� g� m m e •I •I 2 Yy J ¢w� 2Q aW Q m Wi z a m a' M _mo LL�U w w 4 O U � � � c � y L + V V V 0 S � N > I, I� a I IN - £ej W m mvN6� W 3 E 4 4 z g� m m e •I •I d 6S•Yz tl15 +V A 4 gm PNYW��P PSm�ux x� Vol. 212 Pg. z I I I I i la II I, I� I IN la W I Q W F I z N I� i L O 3 I� V/ 1 6 Y P C BRAZOS COUNTY ROADWAY SAFETY AND ROAD PRESERVATION STANDARDS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY A. General Requirements 1. Adequate drainage shall be maintained in ditches at all times. 2. Permittee will use best management practices (`BMP ") (EPA and TCEQ both provide lists of examples of BMPs) to minimize erosion and sedimentation resulting from the proposed installation. 3. The permittee shall take precautions to avoid damage to property. All County Right of Way and property shall be restored to its original condition, as far as practical, in the opinion of the County Engineer or appointed representative. 4. The construction and maintenance of such utility shall not interfere with the property or rights of a prior occupant. 5. Permittee shall not interfere with other utilities located in the right of way. In the event damages occur, permittee will be liable to the County or other utilities running through the right of way. 6. County Engineer shall determine whether or not permittee's plans shall inconvenience the public. If it is determined that inconvenience to the public exists, then the County Engineer will decide whether such project will be allowed or if an alternative exists so as not to inconvenience the public. B. Safety Requirements 1. Proper traffic control measures must be put in place prior to beginning work and remain in place during the duration of the job. All traffic control measures must follow the Texas Manual of Uniform Traffic Control Devices ( TMUTCD). See Traffic Control Requirements below. 2. During construction, all safety regulations of the Texas Department of Transportation shall be observed. 3. Permittee must take such precautions and measures, including placing and displaying safety devices, as may be necessary, in order to safely conduct the public through the project area. Company shall provide flagmen, signs, signals or devices necessary to provide complete safety to the public. 4. Adequate provisions must be made to cause minimum inconveniences to traffic and adjacent property owners. 5. No cable, conduit and/or pole line shall be laid, constructed, maintained and /or repaired so as to constitute a danger or hazard of any kind to persons or vehicles using such road. Any poles placed in the Right of Way for future installation shall be placed at the back of the Right of Way. Exceptions may be approved by the County Engineer. C. Traffic Control Plan 1. A traffic control plan, pursuant to the TMUTCD or Engineered Traffic Control Plan must be provided for the following: a. Any construction (i.e. pit, excavation, hole) left open ovemight, requires specific ni httime traffic control measures pursuant to the TMUTCD; __ _Vol. 212 Pg. b. If construction is within ten (10) feet of the roadway; or c. Any work performed in the road right -of -way; 2. Plan must be attached to the permit and kept at the job site anytime work is being performed. 3. Plan must set forth the time of completion for the job. D. Design Standards 1. All overhead installations shall conform to clearance standards of the Texas Department of Transportation and the pole be placed in the designated area for power specified as set forth in the Texas Utilities Code, Section 181.045. 2. All pole installation (including lighting) shall be placed at the backside of the Right of Way to ensure safety to the public. Any pole placed in violation of this requirement will be required to be moved to the appropriate location at the company's expense. Exceptions may be approved by the County Engineer. 3. All underground installations shall (these are minimum depths — utility may place deeper): a. be placed at a minimum depth of forty-eight (48) inches below the top of the pavement; b. be at least thirty-six (36) inches below ditch flow line when installation is within the area measured from top of bank to top of bank; c. be at least forty-eight (48) inches below ditch flow line if low pressure gas or petroleum lines. For high pressure gas and petroleum lines, see High Pressure Pipelines requirements listed below; d. not be closer than ten (10) feet from the edge of pavement. Exceptions may apply in rights of way of less than 60 feet. 4. Water Lines: All water lines must be a minimum 36- inches below the ditch flow line and cased. Waterlines shall be cased if crossing under the roadway. 5. Utilities in all new developments that have 60 feet or greater of right of way shall be installed within designated locations based upon the type of utility. The locations shall be as follows: (measured from back of right -of -way). Power — 0 to 2 feet, nominally l' Phone — 2 to 4 feet, nominally 3' Gas — 4 to 6 feet, nominally 5' Cable — 6 to 8 feet, nominally 7' 6. Utilities with less than 60 feet right -of -way in all new developments shall install the utility in a similar manner as referenced in No. 3 above; however, the County Engineer or its designated representative will provide final approval of each utility location. 7. The length of any trench to be opened in advance of the pipe, conduit or ducts may not be longer than 400' if left open over night or unattended. 8. Crossings under a county road shall: a. be bored or jacked. ABSOLUTELY NO OPEN CUTS WITHIN COUNTY ROAD PAVEMENT; b. be pressure grouted for the full length of the crossing if the annular spare between pipe and casing and soil exceeds one (1) inch. Brazos County must be given 24 hours notice of pressure grouting operations and have the opportunity to have an inspector on site to observe pressure grouting operations; Vol. 212 Pg. �3 c. TxDOT Standard Specification Item 476 shall be followed for all boring, jacking, tunneling and joints. 9. Bore Pits: a. no pits shall remain open longer than 2 days; b. all pits shall have proper traffic control measures in place. See Traffic Control Plan listed above, c. pits shall NOT be located within ten (10) feet from the edge of pavement without prior approval from the County Engineer or his representative; d, when pits are to remain open for more than 8 hours, due diligence will be used in protecting the spoil pile to prevent drainage problems; e. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity; f. based upon soil conditions, the County Engineer or his representative may require pits be placed further from the edge of road. 10. Any installation within ten (10) feet of edge of pavement shall meet the following: a. location must be approved by the County Engineer or his representative b. backfilled with cement stabilized material. c. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity. d. all excess water and mud shall be removed from the trench prior to backfilling. Any backfill placed during a rainy period or at other times where excess water cannot be prevented from entering the trench will be considered TEMPORARY and shall be replaced with PERMANENT cement stabilized material as soon as weather permits; e. all disturbed base and pavement materials shall be removed and restored to the satisfaction of the County Engineer or his representatives. f. no side or lateral tamping to fill voids under the base and pavement materials is allowed. 11. Company must be careful to notjeopardize the slope or integrity of the shoulder of the road. In the event Company damages the slope, shoulder or any other portion of the right -of -way, Company will be responsible for repairing the damage and replacing the right -of -way to the condition it was prior to commencing construction. 12. Operation of construction and/or maintenance equipment on the traveled surface of any improved County road will not be permitted, except in an instance whereby the laying, construction, maintenance and/or repair of cables, conduits and /or pole lines cannot be accomplished by any other method and in this event all such equipment shall be of the rubber tire variety. Appropriate traffic control shall be provided meeting TMUTCD requirements. 13. In the event said construction and /or maintenance and/or repair requires Company to remove, cut or jeopardize any section of the road (asphalt, cement, road base, etc.), Company will be required to provide a performance bond or letter of credit securing necessary repairs. Said bond amount will be determined by the County Engineer. 14. The applicant shall submit a letter of "No Objection" from the Army Corps of Engineers for all designated wetlands and environmentally sensitive lands. E. Emereencv work 1. In the event Company is required to perform emergency services, that requires excavation in a County Right of Way, and unable to notify the County Engineer prior to conducting emergency repairs, Company Vol. 212 Pg. ,� Z, shall notify County Engineer within 24 hours of beginning construction/repairs. This will allow the County Engineer's Office an opportunity to inspect the site to ensure the integrity of the County Right of Way and traffic safety controls used. F. fairs to existing facilities 1. Maintenance and/or repair to existing cables, conduits, and /or pole lines which require disturbance of the soil, shall not be performed until plans describing such maintenance and /or repair have been approved by the County Engineer or its designated representative and a permit has been obtained. G. Relocation of utilities 1. When and if the County Engineer determines that it is necessary for the construction, repair, improvement, alteration or relocation of all or any portion of said road, any or all poles, wires, pipes, cables or other facilities and appurtenances authorized hereunder, shall be removed from said road, or reset or relocated thereon, as required by the County Engineer within a reasonable time as determined by the County Engineer and Utility Company, and at the expense of the Utility Company. H. High Pressure Pipelines 1. All utility Permits for high pressure pipelines (generally 60 PSI or greater), whether pertaining to controlled access or non - controlled access installations, should contain the following additional information in the description of the permit. - diameter -wall thickness - material specification - minimum yield strength - maximum operation pressure of the pipeline 2. With the exception of the maximum operation pressure of the pipeline, this information is to be supplied for both the carrier pipe and the casing. 3. Assurance must also be given that the installation material and design meet the minimum Federal Safety Standards for Liquid and Gas Pipe Lines. Assurance must be provided on company letterhead and signed by an authorized representative of the company. 4. Petroleum Pipelines: Depth Type of Pipeline (below deepest ditch grade) Special Requirements Encased Pipe Less than 10' Must be covered with concrete pad at least 36" deep Encased Pipe Greater than 10' No concrete pad required Non -Cased Pipe Less than 10' Must be covered with concrete pad at least 48" deep Non -Cased Pipe Greater than 10' No concrete pad required Concrete pad shall be minimum of 3" thick and width shall be pipe diameter plus 18" minimum. 5. Under no circumstances will a pipeline be installed parallel to a County Road within the Right -of- Way. Transmission lines have been determined to be petroleum pipelines (which includes natural gas lines) and shall not be parallel to a County Road. 6. Natural Gas Distribution is a line that serves the final customer. Vol. 212 Pg./ N 6l pg- a p gpxg8g-€ 'P 6S '8 �E J o a ii go e; �j_- 0 0 am Safi � §e_Sae` _ U rgi r'•iF �� 6° SSEt5'_n:�_ ✓4 t� J-1li-I ta bi man w • a:l Rv- ieyu�;Y CS e k: BI�IA n ej�i3 3a -�� J CL � � ° • Iqw � R39£8�I8888 BUM Y 6 =6g:f Y I ups s, ros a.p,naa $;E;p €BRSFS °RR9IR ¢ 5 F a — • W 1 N 6l pg- a p gpxg8g-€ 'P 6S '8 �E J o a ii go e; �j_- 0 0 am Safi � §e_Sae` _ U rgi r'•iF �� 6° SSEt5'_n:�_ ✓4 t� J-1li-I ta bi man w ,.,can ♦ ac I 9`� g Y�'gP 5 €abR` E < °Rev -Y. 1 I L�-� n..v+r a. .: S.l • -• Vol. 212 Pg.� w o J � O � 2 � N — � O Z C N � O V w C a U F a � Y w c O a Z O z G w U U G ~ Q > a � U r O 3 • a:l Rv- ieyu�;Y CS e -�� J CL � � ° • Iqw � BUM Y 6 Y I ups s, ros a.p,naa \ ¢ 5 F a — • 1 Wl- ,.,can ♦ ac I 9`� g Y�'gP 5 €abR` E < °Rev -Y. 1 I L�-� n..v+r a. .: S.l • -• Vol. 212 Pg.� w o J � O � 2 � N — � O Z C N � O V w C a U F a � Y w c O a Z O z G w U U G ~ Q > a � U r O 3 CS e Iqw BUM Y I s, ros a.p,naa \ � � a — ,.,can ♦ ac I 9`� g Y�'gP 5 €abR` E < °Rev -Y. 1 I L�-� n..v+r a. .: S.l • -• Vol. 212 Pg.� w o J � O � 2 � N — � O Z C N � O V w C a U F a � Y w c O a Z O z G w U U G ~ Q > a � U r O 3 1 BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2014 -2015 BUDGET YEAR NO. 14/15 7.1- 7.5 On this the 18th day of November 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 18th day of November 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 18th day of November 2014. THE CONMSSIONERS COURT OF BRAZOS COUNTY, TEXAS. By: a_,__ Duane Peters, County Judge Original: County Clerk's Office and Attached to the original budget - -- Vol. 212 Pg. �- BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 14115 - 7.1 1 111 812 01 4 ACCOUNTNAME Equipment - I.T. Enhanctments Vol. 212 Pg. 0� vv _. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 14/15.7.2 Vol. 212 Pg._ '5- - Date . Da e BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 14/15.7.3 Medical Division. mentAoval Date j1 %gel oval Dat _ Vol. 212 Pg. vq �` BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 14115 - 7.4 11/1812014 FUNDI DIV I ACCT PROJ I DR/CR ACCOUNT NAME Increase Decrease 4500 63000500 80286000 CR Equipment - Other 17150.53 4500 63000500 80289000 DR Equipment - R&B 17 150.53 Capital Projects Reallocation of funds to purchase a automatic flagger for Road & Bridge Department. Vol. 212 Pg. -- -- BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 14115 - 7.5 11/18/2014 Vol. 212 Pg. �Zd. _. - no -� ii no -� HoumlyPartTfinc �• Unemployment Insurance Reallocation of funds to cover payment for sub court r orter that worked onNovernber 7, 2014. Vol. 212 Pg. �Zd. _. - PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: November 18, 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 Brazos Center Justice of the Peace, 2 -2 Tax Office Treasurer's Office Hare, Rhonda Trujillo, Nora Wilkerson, Lisa Trans to Another Dept. New Hire Transfer wren Dept French, Connie Other Schuetze, Kathy Other Hare, Rhonda Seale, Allan Approved in Commissioners' Court: November 2 14: County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) Vol. 212 Pg. V Transfer Win Dept Promotion z1`