The URL can be used to link to this page

Home My WebLink About2014-12-16 10:00AM REGULAR MEETINGE S T h F BRAZOSCOUNTY BRYAN,TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRA70S COUNTY WILL MEET IN REGULAR SESSION ON DECEMBER 16, 2014 AT 10:00 AM IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVE., SUITE 106, BRYAN, TX 77803 1. Invocation and Pledge of Allegiance - U.S. and Texas Flag - Chaplain G.H. Jones and Commissioner Cauley 2. Call for Citizen input and /or concerns. 3. Presentation(s) Update from the Brazos Valley Groundwater Conservation District. Consider and take action on agenda items 4 - 25: 4. Resolution 14-027 honoring Judge Vera Lars -H000e for her years of service to Brazos Coumy. 5. Resolution 14 -026 honoring Judge George Boyett for his years of service to Brazos County, 6 Reappointment of the followina individuals to the Brazos County Historical Commission: term of each appointment Is January 1 2015 through December 31. 2016: • a. Randy Haynes • b. Colleen Batchelor • c Thomas F. Lynch • d. Henry Mayo • e. Regina Opersteny • f. Wllllam R. Pape • a. Oliver Wavne Sadbe • h. Chad Hovde • I. Manneser Marshall Vol. 213 P2. ,247 Appointment of the following individuals to the Brazos County Historical Commission: term of each appointment is January t 2015 through December 31 2016• • a Katherine Woodson Chapman • b. Greg Bailey • c. Bettie Peters S. Approval of Official Bonds. g Request from the Tax Office for the following reclassification correction effective December 20, 2014. The following reclassification will have a savings in the amount of $2.749 for the remainder of the FY 15 Budget. • Decrease Office Manager - Tax Office Class Code 2310 Position 1 Group 16 Step 8 to Group 16 Step 5 Pay Code 014 10 Request from the Irdormation Technology Department to approve the Capital Improvements Program "Records Management System for Law Enforcement Apencies ". 11. Funding Agreement with Easter Seals East Texas Inc. for FY 2015. 12 Approval of contract with Austin Environmental for services related to the potential renovation of County building located at 302 E. 24th Street. 13. Approval of contract with L-3 Communications for the maintenance of two County owned security scanners. 14. Approval of addendum to the maintenance contract with Davidson Document Solutions in order to add two (2) copiers and add 70.000 images in order to allow for the District Clerk's Office E- Filing System. 15. Renewal of Contract 2015 -18R Jail Pharmaceuticals with Contract Pharmacy Services, 16. Acceptance of a cash donation in the amount of $7,500.00 from City of Wixon Valley for the purchase of operational and training equipment for Constable Pct 2. 17. Acceptance of a cash donation in the amount of $500.00 to purchase Christmas gifts and detention Items for the benefit of youth housed in the Juvenile Detention Center. 18, Consider and take action on acceptance of a cash donation in the amount of S3,933,46 from Vess Oil Corporation to be utilized by Road and Bridge for safety operations and maintenance of Lothe Roth Road. Site is located in Precinct 2. 19. Consider and take action on the Vess Oil Corporation utility permit to Install temporary 10" aluminum water line under bridge and along right of way of Jack Creek Road and along right of way of Dilly Shaw Tap Road Proiect will provide water to oil well location Sfte is located in Precinct 2. 20. Tax Refund Applications for the following: • a Karen Steenkenoverpayment$11.34 • h Marvas Partners LTD - overpayment- S2075.21 • c Alfred & Jennifer Pivonka -overpayment -56.13 • d Virginia Bugai - overpayment - 511.08 • e Kimie Wade-overpayment$Z39.78 21. Budget Amendments. Budget Amendments FY 14MS 11.1 - 11.5 22. Personnel Change of Status. Personnel Action Forms Vol. 213 Pg. X68 23. Payment of Claims. 24. Convene into Executive Session pursuant to Texas Government Code 551 A74 to discuss the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of county personnel. 25. Consider and possible action on Executive Session. 26. Acknowledgement of the Compiiance of continuing Education for the period of January 1, 2014 through December 31 2014 for imsteen Roe Tax Assessor /Collector. 27. Sheriffs report on inmate population. 28. Announcement of interest items and possible future agenda topics. 29. Call for Citizen input and /or concerns. 30. Adjourn, Vol. 213 Pg. 2-4Y PUBLIC COMMENTS Public Comment during the Commission Meeting may be for all matters, both on and of 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 e 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 athred 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 foram 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 gander slurs or epithets will not be tolerated. Violation of these rules may result in the following sanctions: 1. cancellation of a speakers time; 2. removal from the Commissioners Court; 3. a Contempt Citation; and/or 4. such other ardor criminal sanctions as may be authored under the Constitution, Statutes and Codes of the State of Texas. The County Commissioners Court can deliberate or take action only 'd 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 tactual inaccuradats, recite existing policy in response to an inquiry or to ask that a matter be listed on a future agenda. See Texas Open Meetings Act 7 551.042. INVOCATION Any invocation that may be offered before the official start of the Court meeting shall be to and for the benefit of the Court The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Court and do not necessarily reprosent the religious beliefs or views of the Court in part or as a whole. No member of the community is required to attend or participate in the invocation and such decision will have no impact on their right to actively participate in the business of the Court. The Commissioners Courtroom of the County Administration Bugling, 200 South Taxes Ave., Suite 106, Bryan, TX 77803 is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two working days before the meeting. To make arrangements, please call (979) 361 -4102. Vol. 213 Pg. a711 9 BRAZOSCOUNTY BRYAN,TEXAS MINUTES December 16, 2014 BRAZOS COUNTY COMMISSIONERS COURT REGULAR MEETING A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Brazos County Commissioners Courtroom in the Administration Building, 200 South Texas Avenue, in Bryan, Brazos County, Texas, beginning at 10:00 a.m. on Tuesday, December 16, 2014 with the following members of the Court present: Duane Peters, County Judge, Presiding; Lloyd Wassermann, Commissioner of Precinct 1; Sammy Catalena, Commissioner of Precinct 2; Kenny Mallard, Commissioner of Precinct 3; Irma Cauley, Commissioner of Precinct 4; Karen McQueen, County Clerk. The attached sheets contain the names of the citizens and officials that were in attendance. Invocation and Pledge of Allegiance - U.S. and Texas Flag - Chaplain G.H. Jones and Commissioner Cauley 2. Call for Citizen input and /or concerns. There was no citizens input. 3. Presentation(s) Update from the Brazos Valley Groundwater Conservation District. 6-'_ Item 3.pdf Alan Day, General Manager of the Brazos Valley Groundwater Conservation District Vol. 213 Pg. 0 71 gave a report to the Commissioners Court. A copy of the report is attached. Consider and take action on agenda items 4 - 25: 4. Resolution 14 -027 honoring Judge Vera Lara -Hooge for her years of service to Brazos County. R Item 4.odf The County Judge read aloud Resolution #14 -027 honoring Vera Lara -Hooge and thanked her for her years of service to Brazos County and its citizens. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters , Wassermann . 5. Resolution 14 -028 honoring Judge George Boyett for his years of service to Brazos County. Q— Item 5.0 The County Judge read aloud Resolution #14 -028 honoring George H. Boyett and thanked him for his twenty -six years of service to Brazos County and its citizens. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters, Wassermann. 6. Reappointment of the following individuals to the Brazos County Historical Commission; term of each appointment is January 1, 2015 through December 31, 2016: • a. Randy Haynes • b. Colleen Batchelor • c. Thomas F. Lynch • d. Henry Mayo • e. Regina Opersteny • f. William R. Page • g. Oliver Wayne Sadberry • h. Chad Hovde • i. Mannaser Marshall r- Item 6.odf Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann. Appointment of the following individuals to the Brazos County Historical Commission; term of each appointment is January 1, 2015 through December 31, 2016: • a. Katherine Woodson Chapman • b. Greg Bailey • c. Bettie Peters C Item TO Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Vol. 213 Pe. 'Z 7Z Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann . 8. Approval of Official Bonds. 0' Item 8.odf The following official bonds were approved: • Marc Hamlin • Michael McCleary • Isaac Butler, Jr. • Jeff Reeves • Joe Ingram • Amanda Matzke Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley Mallard, Peters, Wassermann . 9. Request from the Tax Office for the following reclassification correction effective December 20, 2014. The following reclassification will have a savings in the amount of $2,749 for the remainder of the FY 15 Budget. . Decrease Office Manager - Tax Office, Class Code 2310 Position 1, Group 16 Step 8 to Group 16 Step 5, Pay Code 014 At Item 9.odf Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann. 10. Request from the Information Technology Department to approve the Capital Improvements Program 'Records Management System for Law Enforcement Agencies ". 0 Item 10.odf Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard Peters , Wassermann . 11. Funding Agreement with Easter Seals East Texas, Inc. for FY 2015. ILL Item 11.0 The Court approved as submitted a Contractual Agreement between Brazos County and Easter Seals East Texas, Inc. The cost to Brazos County will be $50,000.00. In return for funding, Easter Seals will provide rehabilitation services, physical therapy, occupational therapy, speech language therapy, autism diagnosis and social services to the indigent population of Brazos County who have been diagnosed with disabilities, developmental delays or those who are at risk of developing a delay. The term of the contract is for twelve (12) months commencing on October 1, 2014 and terminating September 30, 2015. A copy is attached. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard. Peters. Wassermann . Vol. 213 Pg. "27-3 12. Approval of contract with Austin Environmental for services related to the potential renovation of County building located at 302 E. 24th Street. IM Item 12.odf Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . 13. Approval of contract with L -3 Communications for the maintenance of two County owned security scanners. R Item 13.odf Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . 14. Approval of addendum to the maintenance contract with Davidson Document Solutions in order to add two (2) copiers and add 70,000 images in order to allow for the District Clerk's Office E- Filing System. PAt Item 14.0 Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard, Peters, Wassermann. 15. Renewal of Contract 2015 -18R Jail Pharmaceuticals with Contract Pharmacy Services. IM Item 15.odf A copy of the bid tabulation 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 . 16. Acceptance of a cash donation in the amount of $7,500.00 from City of Wixon Valley for the purchase of operational and training equipment for Constable Pct. 2. 0 Item 16.0 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 a cash donation in the amount of $500.00 to purchase Christmas gifts and detention items for the benefit of youth housed in the Juvenile Detention Center. m Item 17.od( Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard, Peters. Wassermann . 18. Consider and take action on acceptance of a cash donation in the amount of $3,833.46 from Vess Oil Corporation to be utilized by Road and Bridge for safety operations and maintenance of Lottie Roth Road. Site is located in Precinct 2. ILA Item 18.odf Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard . Peters . Wassermann . Vol. 213 Pg. �� 19. Consider and take action on the Vess Oil Corporation utility permit to install temporary 10" aluminum water line under bridge and along right of way of Jack Creek Road and along right of way of Dilly Shaw Tap Road. Project will provide water to oil well location. Site is located in Precinct 2. 0-' Item 19.0 Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard, Peters, Wassermann . 20. Tax Refund Applications for the following: • a. Karen Steenken- overpayment - $11.34 • b. Marvas Partners LTD - overpayment - $2075.2 • c. Alfred & Jennifer Pivonka- overpayment -$6.13 • d. Virginia Bugai- overpayment - $11.08 • e. Kimie Wade- overpayment - $239.78 ti's Item 20.odf Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters , Wassermann . 21. Budget Amendments. Budget Amendments FY 14/15 11.1 - 11.5 dt Item 21.odf 11.1 Reallocate funds for the new Tax Office building and Courthouse Improvement. 11.2 Reallocate funds for Courthouse Renovations. 11.3 Reallocate funds for Juvenile Services - Detention. 11.4 Reallocate funds for Constable, Pct. 2. 11.5 Reallocate funds for Capital Projects for equipment for vehicles. Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters, Wassermann. 22. Personnel Change of Status. Personnel Action Forms U Item 22.od( A copy of the Personnel Change of Status requests 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 . 23. Payment of Claims. Ift BILL LIST 12.16.14.0 R Claims Sheeted 7128217 - 7128436 Vol. 213 Pg. ;%� Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena , Cauley, , Mallard , Peters, Wassermann. 24. Convene into Executive Session pursuant to Texas Government Code 551.074 to discuss the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of county personnel. At this point, the County Judge announced the Court would consider items 26 through 29 then return to convene into Executive Session. Having considered the previously noted agenda items, at 10:45 a.m. the County Judge stated that the Court would convene into Executive Session to discuss the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of county personnel pursuant to Section 551.074 of the Texas Government Code. The following individuals were asked to stay for the meeting: Candy Gallego, Executive Assistant Ruth McLeod, Administrative Assistant Kendra Suhling, Civil Counsel Jennifer Salazar, Human Resources Director 25. Consider and possible action on Executive Session. At 10:56 a.m. the County Judge opened the meeting to the public and announced that no action would be taken. 26. Acknowledgement of the Compliance of Continuing Education for the period of January 1, 2014 through December 31, 2014 for Kristeen Roe, Tax Assessor /Collector. R Item 26.odf The Court acknowledged the compliance of continuing education for Kristeen Roe, Tax Assessor /Collector for January 1, 2014 through December 31, 2014. 27. Sheriffs report on inmate population. Sheriff Chris Kirk stated there were 574 inmates in jail. He also announced that one dormitory had been closed as a result and that they are taking this opportunity to do some maintenance on this dormitory. 28. Announcement of interest items and possible future agenda topics. Commissioner Wassermann shared that the Executive Director of Keep Brazos Beautiful has resigned effective December 19, 2014. Commissioner Mallard discussed his trip to Belgium. 29. Call for Citizen input and /or concerns. There was no citizen's input. 30. Adjourn. Vol. 213 ft. The foregoing minutes of the Commissioners Court meeting held December 16, 2014 have been examined and are approved in open Court this o2D44- day of Jo AUa.ry 2015, in Bryan, Brazos County, Texas. Duane Peters Lloyd Wassermann County Judge Commissioner, Precinct 1 .J c� Sin6y CataVna Kenny Mallard Commissig6er, Precinct 2 Commissioner, Precinct 3 Attest EI;;:e= �- L e- Kaiefi McQueen County Clerk Vol. 213 Pg. 12 Pg / of I- BRAZOS COUNTY COMMISSIONER'S COURT DAY OF 7, a• Name 201V Organization (PLEA_ S PRIN"1� aVGCG-::) 2+ -42,65 VU(eu �YI&*Wwd-Qi C#*J �a - Q ry Vol. 213 Pg. A79 Pg Z of Z BRAZOS COUNTY COMMISSIONER'S COURT _16tkDAY OF Le 1 PRINT) Name Organization (PLEASE PRINT) t�vQ'i7a f Fez. i .c Vol. 213 Pg. � 7y I 2014 Annual Report to Commissioners' Court Regional Planning: • Brazos G Regional Water Planning Group has been meeting almost monthly throughout 2014. Have been monitoring their meetings closely and providing input as needed. • GMA -12 began meeting this past spring. The five Districts involved are: Brazos Valley GCD (Brazos, Robertson) - Mid -East Texas GCD (Madison, Leon, Freestone) - Post Oak Savannah GCD (Burleson, Milam) - Fayette County GCD - Lost Pines GCD (Lee, Bastrop) Have just this past week seen the simulated model runs showing current and anticipated pumping in each of the districts and the effect of that pumping on the current desired future conditions within the districts. This would include the Vista Ridge project sending 50,000 acre feet /year (35,000 Simsboro, 15,000 Carrizo) along the 1 -35 corridor to San Antonio. The pumping originates in western Burleson County near the Lee /Burleson county line. This process will continue throughout 2015 with public hearings once the District DFC's are set for each aquifer. This will include a DFC for the Brazos River Alluvium this planning cycle. The final product is due to TWDB no later than May, 2016. Monitoring Well Network: 164 wells in the network with about 70% measured monthly. Water level measurements are the basis upon which the aquifers are managed. The levels are the DFC. For instance, the current DFC for the Simsboro aquifer is 270'. This simply means that the District desires the hydraulic head (static level) not be more than an average of 270' lower in 2060 than it was in 2000. This measurement is achieved by averaging well measurements, up and down dip, and comparing that to 2060. In May, 2014, the District measurementwas at 39', well above our DFC. Fees: • Fees will remain the same for all users except: - Public supply entities will pay $0.0325/1000 gals. on the first 100,000,000 gallons produced; Q $0.0425/1000 gallons produced thereafter. Grant Program: Newly implemented in 2014. Anyone can apply for grant funds with a project that will demonstrably produce water conservation. - Brazos Valley Lawn Irrigation Network set to roll out in February, 2015. Involves a weather station /wireless rain gauge network that covers approximately 186 square miles in Brazos County - Entities involved include College Station, Bryan, Wellborn SLID, and Wickson Creek SOD. - $91,000 granted including money to establish a website /webmaster program to alert, via email push, homeowners as to the amount of water for lawn irrigation weekly throughout the year. This is also viewable over the internet. - KBTX Conservation Tip Campaign will begin in mid -March to promote water conservation and promote the Irrigation Network. $21,000 has dedicated to this effort. Vol. 213 Pg. a2y 6 Rules;:-- All wells, excluding domestic /livestock use, must now be permitted. This included all wells used for hydraulic fracturing supply. Frac wells are now subject to production reduction if and when that occurs. One -year renewable permits for up to 150 acre feet /year can be issued by the General Manager once all permitting requirements are met. The Board has been working several months using Rules Workshops and a committee meeting to formulate a framework for pumping reduction. This will take several more months and is being done now in order that all permit holders know what to expect when, and if, a reduction is necessary. Well Plugging; • A well plugging protocol was adopted by the Board in August that mirrors the plugging rules established by the Texas Department of Licensing and Regulation except for: - Brazos River Alluvium wells must be plugged under a more stringent protocol to avoid contamination of the aquifer. • A more robust well plugging program was put in place to incentivize the plugging of abandoned or deteriorated water wells. The District now pays 75% of the cost of plugging up to a $1000 reimbursement. Education: • Educational program on water salinity for Brazos, Robertson, and Burleson county farmers January 8, 2014. • Taught � 4", 5`h, and 7'h grade students about water conservation, protection of the aquifers, how to avoid contamination, and the water cycle during 2014. 2,850 of the students were taught in individual classroom settings. • Distributed approximately 2,500 "Major Rivers" water curriculum packets for use in the 4`h and 5`h grade classrooms. • This included every ISD in Robertson County. • Conducted a "Water Field Day" at the Franklin Ranch Community Park on October 25" solely for all Robertson County 5`h grade students. 250 students attended. State Audit: The District was 1 of 12 randomly chosen from a list of 100 GCD's to undergo an audit by the State Auditor's Office. BVGCD was the only district to achieve a 100% approval on both the financial and management objectives portions of the audit. Management Plan Update: • The Management Plan is currently undergoing the required 5 -year update /adoption required under Chapter 36 of the Texas Water Code. A public hearing for comment was held July 17, 2014. Final adoption of the revised plan is scheduled for the January 15, 2015 Regular Board Meeting. Public comment will be taken. Vol. 213 Pg. � ff/ Resolution Honoring Judge Vera Lara -Hooge WHEREAS, On January 1, 1986, Judge Vera Lam -Hooge began working for Brazos County; and WHEREAS, Judge Vera Lara -Hooge has served the citizens of Brazos County for Twenty - eight years in various county offices, such as, the County Attorney's office, Community Supervision, 85'h District Court and the Justice of the Peace Precinct 2, Place 1; and WHEREAS, Judge Vera Lara -Hooge has served as Brazos County Justice of the Peace for Eight years, presiding over civil and class C criminal cases, officiating weddings, signing warrants for local police agencies and many other duties as the need arises; and WHEREAS, Judge Vera Lara -Hooge has proven to be a dedicated employee, always performing the highest caliber of work; WHEREAS, Judge Vera Lara -Hooge will retire on December 31, 2014. NOW THEREFORE, BE IT RESOLVED that the Commissioner's Court of Brazos County takes this opportunity to honor Brazos County Justice of the Peace Precinct 2, Place 1 and thank her for her years of service to Brazos County and its citizens, and to wish her the very best in her retirement. DULY adoptedJuvote of the Commissioners Court of Brazos County, Texas on the t_6_ day of e , 2014. n Duane Peters County Judi Commi6sioner Lloyd Wassermann Precinct 1 n� Cornmissiorldr Kenny Mal and Precinct 3 14 -027 Vol. 21 �� U P�4hrr OE g &�'�osi Resolution Honoring judge George H. Boyett WHEREAS, on January 1, 1989, George H. Boyett, was sworn in as a Justice of the Peace for Brazos County after election to this office; and WHEREAS, Judge Boyett was reelected to this office six more times serving the citizens of Brazos County for Twenty -six years as a Justice of the Peace finally in Precinct Three; and WHEREAS, Judge Boyett has served in this office presiding over civil, small claims and fine - only criminal cases, officiating weddings, signing warrants, magistraiing prisoners, conducting administrative hearings, serving as a notary and performing many other duties as needed;and 1: WHEREAS, Judge Boyett has served in this office as a coroner conducting inquests as required, including the eleven deaths that occurred at the bonfire collapse on November 18,1999; and j WHEREAS, Judge Boyett after receiving initial training at the Justice Court Training Center furthered his judicial education by attending annual training seminars and becoming an instructor in traffic law, inquests, evictions and chairman of the Judges Education Committee and attending seven seminars at the National Judicial College in Reno, Nevada; and WHEREAS, Judge Boyett became an instructor for the Texas Department of Public Safety and taught Court Organizations and Structure at the Recruit Academy for ten consecutive years; and WHEREAS, Judge Boyett was selected and served ten years as an Associate Municipal Judge for the College Station Municipal Court; and WHEREAS, Judge Boyett has served continuously throughout this time as a member of the Board of Directors of;the Sam Houston Area Council of the Boy Scouts of America; and j, WHEREAS, Judge Boyett will retire on December 31, 2014. III NOW THEREFORE, BE IT RESOLVED that the Commissioner's Court of Brazos County takes this opportunity to honor Brazos County Justice of the Peace, Precinct 3, GEORGE H. BO=, and thankihim for twenty -six of service to Brazos County and its citizens. DULY adopted by vote of the Commissioners Court of Brazos County, Texas on the day of 2014. j Duane Peters County Judge 46! Gtli Comm sioner Lloyd Wassffl2 13 Pg PZ ommis ' ner Sammy Catalena 5 L2M O N O O N S f NI !W!� -1 m N O °e r 2. 0 r. O C CL a, E+ .7 z Vol. 213 Pg. , YX T: y T D 20 O oyO m v O g O O C'l o GC p� p O p F o ZOvt N s ° ai o: m N U p Vi T ^Cl - OOG� O �ej R1 W H m 5 to PPW o a, a .N i:a jy U m Fr. r � oym oy j 6 `n as A�` Y O tmj Vj�� 8 u J O N O O N S f NI !W!� -1 m N O °e r 2. 0 r. O C CL a, E+ .7 z Vol. 213 Pg. , YX Brazos County, Texas Capital Improvement Program FY 2015 Department: Information Technology Project Manager. Eric Caldwell Project Title: Records Management System for Law Enforcement Agencies Priority Number: 1 Previous Funding Year 7 Year 2 Year 3 Year 4 Year 5 To -Date 2014 -15 2015 -16 2016 -17 2016 -17 2018 -19 Total Capital Cost $ - $ 176,050 $ - $ - $ - I $ - I $ 176,050 Description and Scope of Project This Capital Improvement Project will result in the acquisition of a Records Management System (RMS) for our Law Enforcement agencies. The RMS will be integrated with the Tiburon Computer Aided Dispatch System used by the Brazos County Emergency Communications District (911). The project will also integrate the RMS with new justice software to be acquired by Brazos County. The City of Bryan will assist in the acquisition of this software and will host the system when it is complete. We will leverage an existing multi - agency license owned by the City of Bryan to get the City onto the same RMS. This will permit the two enties (six agencies) to share data. In addition, the City of Bryan Police Department will be able to electronically push arrest records to Brazos County for jail bookings for the first time. Implementation is expected to begin — February, 2015 and be completed — September 2015. Purpose and Need Including Operating Efficiencies and Savings The purpose of this project is to acquire a Records Management System for managing the day -to -day operational data used by our Law Enforcement. This data includes cases, contact histories, warrants status, arrests, warrants, suspect details, vehicle and other property data, interviews, reports, crime scene photos, etc. History and Current Status For the last twelve years the Brazos County Constables and Sheriffs Office's have used TSG AbleTerm for managing their data. Brazos County will discontinue use of this rudimentary RMS when we convert to new justice software. The City of Bryan has used an RMS called Total Command for the last decade. The two entities have not been sharing data in their respective RMS's. Program Breakdown and Operating Budget Impact Description /Basis for Estimate 2015 FY 2016 FY 2017 FY 2018 _ FY 2019 First Year Licensing _ _FY $176,050 _ - - $ -- --- -- $ r -- -- - -- — Total Capital Cost: $176,050 -- ,�- .- Staffing Expense Supplies and Maintenance Expense _- _$39,690 $39,690 ____$39;690 _ _ _ $39,690 _ __$39,690 _ ____ _$39,690. $ 39,690 $ 39,690 1 $ 39,690 $ 39,690 Operating Costs: Total Pro ram Cost: $ 215,740 $ 39,690 $ 39,690 1 $ 39,690 1 $ 39,690 This Section to Be Completed by Capital Improvement Committee Only Category: Schedule of Activities Suggested Method of Financing Activity From To Amount Funding Source Total Cost Fund Balance -FY Budget Process -FY 2015 Capital Repl Fund BondsfTax Notes -FY_ Sale of Property-FY_ Lease Payments Funding Requirements Completed by: -Eric Caldwell Department Name: Information Technol APPRUVF,D Date: 12/1012015 Duane Peters Date County Judge Vol. 213 Pg. X Y5 FUNDING AGREEMENT BETWEEN BRAZOS COUNTY AND EASTER SEALS EAST TEXAS, INC. THIS FUNDING AGREEMENT ( "Agreement') effective October 1, 2014 is entered into by and between Brazos County, Texas, acting by and through its duly elected County Commissioners (hereinafter "County "), and the Easter Seals East Texas, Inc. (hereinafter "Service Provider "), located at 1318 Memorial Drive, Bryan, Texas 77802, RECITALS WHEREAS, the medical care of the County's eligible indigent population has become a growing problem; and WHEREAS, pursuant to Chapter 61 County is the payor of last resort for the eligible indigent county residents; and of the Texas Health and Safety Code, the provision of basic health care services to WHEREAS, the County is required by Chapter 61 of the Health and Safety Code to provide, as a payor of last resort, certain basic health care assistance to its eligible count residents and desires to do so through the Service Provider, NOW THEREFORE the parties agree to the following terms and conditions to provide such eligible indigent health care. AGREEMENT Term The Agreement shall continue in force and effect for a term of twelve (12) months commencing on the 1st day of October, 2014 and terminating 30th day of September, 2015. Cancellation This Agreement may be canceled by any of the parties hereto upon sixty (60) days written notice as provided herein. Services to be Performed by Service Provider Service Provider shall provide the following services through trained, staff to qualified county residents pursuant to the guidelines currently implemented for making such determination: rehabilitation services, physical therapy, occupational therapy, speech - language therapy, autism diagnosis and social services to the indigent Easter Seals Bast Texas, Inc Vol. 213 Pg. I)-Y2 Page 1 of 15 population of Brazos County who have been diagnosed with disabilities, developmental delays or those who are at risk of developing a delay (collectively "Services "). Use of County Funds Funds to be furnished to Service Provider as stated below shall be used provide Services to eligible indigent applicants ages 0 to 3. County's Payment The County agrees to provide the Service Provider a maximum sum of $50,000.00 ( "Funds ") for the term of this Agreement. Responsibilities of Service Provider Service Provider will be responsible for providing the following Services pursuant to this Agreement: 1: Completing all necessary application forms to potentially eligible indigent individuals. 2. Obtaining and compiling information on each applicant for Service Provider's Services with regard to residency and financial qualifications. 3. Maintaining this Agreement. 4. Provision of the Service Provider's Services as defined herein. 5. Maintaining data files on clients /patients and the Services provided thereto. 6, Responding to all and any inquiries by the County regarding the Service Provider and its Services. 7. Assisting the County with information needed for audit purposes. 8. Providing the County with quarterly financial statements. 9. Providing the County with any and all certified audits of Service Provider and the management letter prepared in connection therewith. 10. Providing financial statements evidencing how County funds are spent. Such statements to be submitted to County one (1) week prior to the funding dates set forth herein above. 11. Providing the County with statistics evidencing the number of Brazos County Easter Seals East Texas, Inc. Page 2 of IS Val: 213 Pg.-L� residents using the Service Provider's Services and the percentage Brazos County residents comprise of the total population using Service Provider's services. Record Retention The Service Provider shall be responsible for record keeping on all Services provided to those individuals using its services and all financial records. The Service Provider agrees to maintain and make available for inspection by the County upon request, consistent with personal privacy, and subject to the limitation of state law, any and all records the County determines, in its sole discretion, to be necessary for the County to justify its continued participation in supporting the Service Provider with funding. Such records shall be retained for at least three (3) years from the date the service was provided. These records shall be made available for inspection and audit by the County, if it so desires. Accounting and Audit The Service Provider agrees that County, or its designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. The Service Provider agrees to maintain such records for possible audit for a minimum of three (3) years after the termination date of this Agreement, unless a longer period of records retention is stipulated. The Service Provider agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. The Service Provider agrees that County, or its designated representative, shall further have the right to review and to copy any records and supporting documentation for prior years in which County provided funds to the Service Provider under prior Agreements. Any audit will be conducted by County personnel or an independent third party, as determined by the Brazos County Commissioners Court. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the Service Provider. Discrimination .The Service Provider shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Service Provider shall take affirmative action to ensure that applicants who are employed are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rated of pay or other forms of compensation; and selection for training, including apprenticeship. The Service Provider agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. Easier Seals East Texas, Inc. Page 3 of 15 -- _ _. Confidentiality The Service Provider shall comply with applicable local, State and Federal statutes, laws and regulations as well as administrative rules regarding confidential records or other information obtained by the Service Provider concerning persons served under this Agreement. The records and information shall be protected by the Service Provider from unauthorized disclosure. Health Insurance Portability and Accountability Act. The Service Provider certifies that it is in compliance with the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Public Law No. 104 -191, 45 CFR Parts 160, 162 and 164, the Social Security Act 42 U.S.C. 1320d -2 through 1320d -7, in that such Service Provider may not use or disclose protected health information other than as permitted or required by law and agrees to use appropriate safeguards to prevent use or disclosure of the protected health information. The Service Provider shall maintain for a minimum of six (6) years all protected health information, Indemni The Service Provider agrees to and shall indemnify and hold harmless and defend the County, its officers, agents, and employees from and against any and all claims, losses, damages, causes of action, suits, and liability of any kind, including claims of respondent superior or vicarious liability, including all expenses of litigation, court costs, and attorney's fees, for injury to or death of any person or any breach of Agreement arising out of or in connection with any work done by the Service Provider pursuant to this Agreement. Insurance Each party to this agreement is responsible for maintaining its own liability insurance and worker's compensation insurance, and each party will provide proof of same to the other party on request. The Service Provider shall maintain during the term of this Agreement a $1,000,000.00 malpractice insurance policy and a General Liability Policy of $1,000,000.00 naming Brazos County, as an additional insured. Such coverage shall be designated as primary over any coverage Brazos County may have in force. Service Provider shall provide a Certificate of Insurance for both policies which shall provide for a fifteen (15) days advance notice to County of the cancellation of such policy. Independent Contractor In all activities or Services performed hereunder, the Service Provider is an independent contractor, and not an agent or employee of the County. The Service Provider, as an independent contractor, shall be responsible for all medical services Easter Seals East Texas, Inc. Page 4 of 15 — _. - - - - ". g. provided and medical decisions made pursuant to the terms of this Agreement. The Service Provider shall supply all materials, equipment and labor required for providing of medical services as required herein. The Service Provider shall have ultimate control over the execution of the work under this Agreement. County shall have no control over any decision, recommendation, or action taken by the Service Provider pursuant to this Agreement. The County assumes no liability for actions of the Service Provider under this Agreement, including, but not limited to, the negligent acts and omissions of Service Provider's agents, employees and subcontractors in their performance of the Service Provider's duties as described under this Agreement. The Provider agrees to hold harmless Brazos County against any and all liability, loss, damage, cost or expenses, including attorney's fees, arising from the intentional torts, negligence or breach of Agreement of the Service Provider, with the exception of acts performed in conformance with an explicit, written directive of the County, through its authorized agents. The Service Provider may not subcontract any portion of this, Agreement nor delegate any duties hereunder without prior written approval by Brazos County. In emergencies, the Service Provider will request approval in writing within at least (24) twenty -four hours of the use of a subcontractor to fulfill any obligations of this Agreement. Licensing The Service Provider is required to maintain all applicable licensing permits to practice medicine. All permits to or certification necessary to operate the Provider's clinics shall also be maintained. Copies of any applicable licenses are to be filed with Brazos County. Events of Default: The following shall be considered events of default: a. Failure to maintain license to practice medicine or any restrictions being placed upon such license by the Texas State Board of Medicine making the providing of services hereunder impossible or difficult. b. Failure to maintain all permits and licenses necessary to keep Service Provider's clinics in operation_ c. Cancellation of Service Provider's medical malpractice insurance. Upon an event of default, the County may terminate this Agreement on three (3) days written notice mailed by certified mail return receipt requested to the address listed below. Easier Seals East Texas, lne, ___ Vol. 213 Pg. Page 5 of 75 Right of Audit and Monitoring Service Provider agrees that County, or its designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Service Provider agrees to maintain such records for possible audit for a minimum of three (3) years after the termination date of this Agreement, unless a longer period of records retention is stipulated. Service Provider agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Service Provider agrees that County, or its designated representative, shall further have the right to review and to copy any records and supporting documentation for prior years in which County provided funds to the Service Provider under prior Agreements. Any audit will be conducted by County personnel or an independent third party, as determined by the Brazos County Commissioners Court. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the Service Provider. Venue and Governing Law The venue of this Agreement is Brazos County, Texas, and this Agreement shall be governed by and in accordance with the laws of the State of Texas. Notices All notices required to be given hereunder shall be deemed to be duly given by delivering such notice or by mailing it, registered mail to the other party at the following addresses: Easter Seals East Texas, Inc. C/O CEO 1318 Memorial Drive Bryan, Texas 77802 Further Assurances Brazos County C/O Commissioners Court 200 S. Texas Ave., Suite 310 Bryan, Texas 77803 Each party hereto agrees to perform any further acts and to execute and deliver any further documents which may be necessary to carry out the provisions of this Agreement. Severability In the event that any of the provisions or portions thereof, of this Agreement, are Easier Seals East Texas, Inc. Vol. 213 Pg. 4L-7-1 Page 6 of15 held to be unenforceable or invalid by any court of competent jurisdiction, the validity and enforceability of the remaining provisions or portions thereof shall not be affected thereby. Amendments This Agreement may be modified or amended at any time during its term by mutual consent of the parties, expressed in writing, and signed by the parties. Waiver No failure of Brazos County to assert any right or remedy hereunder will act as a waiver of its right to assert such right or remedy at a later time nor constitute a "course of business" upon which Service Provider may rely, for the purpose of denial of such a right or remedy to Brazos County. Prior Notification The Service Provider agrees to notify Brazos County prior to issuing public announcements or press releases concerning work done pursuant to this Agreement, or funded in whole or in part by this Agreement, and to cooperate with Brazos County in joint or coordinated releases of information. Notice of Change The Service Provider shall give thirty (30) days prior written notice to Brazos County, if there is a _change in the Service Provider's legal status, federal employer identification number (FEIN) or address. Brazos County reserves the right to take any and all appropriate action. The Service Provider agrees to hold harmless Brazos County for any acts or omissions by the County resulting from the Service Provider's failure to notify of these changes. In the event Service Provider becomes a party to any litigation, investigation or transaction that may reasonably be considered to have a material impact on its ability to perform under this Agreement, the Service Provider will immediately notify Brazos County in writing. Tax Exempt Status As a political subdivision of the State of Texas, Brazos County is tax exempt. Tax exemption certification will be furnished upon request. Sovereign Immunity Easter Seals East Texas, Inc. Page 7 of JS Vol. 213 Pg.-AYA - This Agreement is expressly made subject to Brazos County's Sovereign Immunity, Title 5 of the Texas Civil Practices and Remedies Code, and all applicable Federal and State law. The parties expressly agree that no provision of this Agreement is in any way intended to constitute a waiver or any immunities from suit or from liability that the Brazos County has by operation of law. Nothing in this Agreement is intended to benefit any third party beneficiary. Assignability This Agreement is not assignable by the Service Provider without the prior written consent of the County. Fiscal Funding Clause Notwithstanding any provisions contained herein, the obligations of the County under this Agreement are expressly contingent upon the availability of funding for each item and obligation contained herein for the term of the Agreement and any extensions thereto. The Service Provider or any other person or entity directly or indirectly employed by the Service Provider or any other person or entity to whom the Service Provider may be liable to, shall have no right of action against the County in the event the County is unable to full its obligations under this Agreement as a result of lack of sufficient funding for any item or obligation from any source utilized to fund this Agreement or failure to budget or authorize funding for this Agreement during the current or future fiscal years. In the event that the County is unable to fulfill its obligations under this Agreement as a result of lack of sufficient funding, or if funds become unavailable, the County may, in its sole discretion, provide funds from a separate source or may, in its sole discretion, terminate this Agreement by written notice to the Service Provider at the earliest possible time under the circumstances. Entire Agreement This Agreement contains the entire understanding between the parties hereto concerning the subject matter contained herein. There are no representations, agreements, arrangements, or understandings, oral or written, between or among the parties hereto, relating to the subject matter of the Agreements, which are not fully expressed herein. In witness whereof, the parties hereto have caused this Agreement to be executed by their duly authorized representatives. SERVICE PROVIDER Easter Seals East Texas. Inc. Page 8 of 15 Vol 2I3Fg. j? -- Easter ast Texas, Inc. Cheryl Allen, CEO BRAZOS COUNTY, TEXAS I )Lw� �� Duane Peters County Judge ATTEST: Karen McQueen, County Clerk 11/Io m Date D ate* / Easter Seals East Texas, /nc. Page 9 of 15 - -- Vol. 213 PE. �� _ __ 0 BRAZOS COUNTY BUSINESS ASSOCIATE AGREEMENT IPAA" . The parties acknowledge that federal regulations relating to the confidentiality of individually identifiable health information require covered entities to comply with the privacy standards adopted by the U.S. Department of Health and Human Services as they may be amended from time to time, 45 C.F.R. parts 160 and 164, subparts A and E ( "the Privacy Rule ") and the security standards adopted by the U.S. Department of Health and Human Services as they may be amended from time to time, 45 C.F.R. parts 160, 162 and 164, subpart C ( "the Security Rule "). Collectively, the Privacy Rule and the Security Rule are referred to herein as " HIPAA Rules." The HIPAA Rules, as well as any applicable state confidentiality laws, require Covered Entity to ensure that business associates who receive confidential information in the course of providing services on behalf of Covered Entity comply with certain obligations regarding the confidentiality of health information. "Covered Entity" and "Business Associate" are defined in the HIPAA Rules, and for the purposes of this Agreement, shall refer to Brazos County and Service Provider, respectively. B. Purposes for which Protected Health Information May Be Used or Disclosed. In connection with the services provided by Business Associate on behalf of Covered Entity pursuant to this Agreement, Covered Entity may use and disclose protected health information ( "PHI "), as defined in the HIPAA Rules. C. Business Associate Obligations. Business Associate agrees to comply with applicable federal and state confidentiality and security laws, including, but not limited to the Privacy Rule and Security Rule, including without limitation: Use of Protected Health Information ( "PHI "). Business Associate shall not use PHI except as necessary to fulfill the purposes of this Agreement. Business Associate is permitted to use and disclose PHI as necessary for the proper management and administration of Business Associate or to carry out its legal responsibilities and its responsibilities under this Agreement. However, Business Associate shall in such case: (a) provide training to members of its workforce regarding the confidentiality requirements in the HIPAA Rules and this Agreement; (b) obtain reasonable assurances from the person to whom the information is disclosed that it will be held confidential and further used and disclosed only as required by law or for the purpose for which it was disclosed to the person or entity; Easter Sears East Texas, Inc. Vol. 213 Pg. ) Xr Page 10 of 15 (c) agree to notify the Covered Entity of any instances of which it is aware in which the PHI is used or disclosed for a purpose that is not otherwise provided for in this Agreement or for a purpose not expressly permitted by the HIPAA Rules; and (d) ensure that all disclosures of PHI are subject to the principle of "minimum necessary use and disclosure," i.e., only PHI that is the minimum necessary to accomplish the intended purpose of the use, disclosure, or request may be disclosed. 2. Disclosure to Third Parties. If Business Associate discloses PHI received from Covered Entity, or created or received by Business Associate on behalf of Covered Entity, to agents, including a subcontractor, Business Associate shall require the agent to agree to the same restrictions and conditions that apply to Business Associate under this Agreement. Business Associate shall ensure that any agent, including a subcontractor, agrees to implement reasonable and appropriate safeguards to protect the confidentiality, integrity, and availability of the electronic PHI that it creates, receives, maintains, or transmits on behalf of the Covered Entity. Business Associate shall be fully liable to Covered Entity for any acts, failures or omissions of the Agent in providing the services as if they were Business Associate's own acts, failures or omissions, to the extent permitted by law. Business Associate further expressly warrants that its Agents will be specifically advised of, and will comply in all respects with, the terms of this Agreement. 3. Data Aggregation. In the event that Business Associate works for more than one Covered Entity, Business Associate is permitted to use and disclose PHI, but only in order to analyze data for permitted health care operations, and only to the extent that such use is permitted under the HIPAA Rules or the issuing court's orders. 4, pe- identified Information. Use and disclosure of de- identified health Information is permitted, but only if (i) the precise use is disclosed to Covered Entity and permitted by Covered Entity in its sole discretion and (ii) the de- identification is in compliance with 45 CFR §164.502(d), and any such de- identified health information meets the standard and implementation specifications for de- identification under 45 CFR §164.514(a) and (b). 5. Notice of Privacy Practices. Business Associate shall abide by the limitations of any Notice of Privacy Practices ( "Notice) published by the Covered Entity of which it has knowledge. Covered Entity shall provide to Business Associate such Notice when it is adopted. Any use or disclosure permitted by this Agreement may be amended by such Notice. However, the amended Notice shall not affect permitted uses and disclosures on which Business Associate relied prior to such notice. £aster Seals East Texas, Inc. Pagel] of 15 Vol. 213 ft. 67 � Use or Disclosure That Would Violate HIPAA. Business Associate is prohibited from further use or disclosure of PHI in a manner that would violate the requirements of the HIPAA Rules if the PHI were used or disclosed by the Covered Entity. 8. Safeguards. Business Associate shall maintain appropriate safeguards to ensure that PHI is not used or disclosed other than as provided by this Agreement or as Required by Law. Business Associate shall implement administrative, physical and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of any electronic PHI it creates, receives, maintains, or transmits on behalf of Covered Entity. 9. Records Management. Upon termination of this Agreement, Business Associate agrees to return or destroy all PHI received from Covered Entity that Business Associate maintains in any form and shall comply with federal and state laws as they may be amended from time to time governing the maintenance or retention of PHI. If the return or destruction of PHI is not feasible, Business Associate agrees to extend the protections of this Agreement to the information and limit further uses and disclosures to those purposes that make the return or destruction of the information infeasible. 10. Individual Rights Regarding Designated Record Sets. if Business Associate maintains a designated record set (as defined in the HIPAA Rules) on behalf of Covered Entity, Business Associate agrees as follows: (a) Correction of PHI. Business Associate agrees that it will amend PHI maintained by Business Associate as requested by Covered Entity. (b) Individual Right to Copy or Inspection, Business Associate agrees that, if it maintains PHI in a designated record set for the Covered Entity, it will permit an individual to inspect or copy PHI about the individual in that set under conditions and limitations required under Easter Seals East Texas, Inc. Vol. 213 Pg. � - - Page 12 of I5 45 CFR §164.524. The Covered Entity is required to take action on such requests as soon as possible but not later than 30 days following receipt of the request. Business Associate agrees to make reasonable efforts to assist Covered Entity in meeting this deadline, to the extent the requested information is maintained by Business Associate and not the Covered Entity. The information shall be provided in the form or format requested, if it is readily producible in such form or format; or in summary, if the individual has agreed in advance to accept the information in summary form. A reasonable, cost -based fee for copying health information may be charged. (c) Individual Right to Amendment. Business Associate agrees, if it maintains PHI in a designated record set, to make amendments to PHI at the request and direction of Covered Entity pursuant to 45 CFR §164.526. If Business Associate maintains a record in a designated record set that is not also maintained by Covered Entity, Business Associate agrees that it will accommodate an individual's right to have access to and amend PHI about the individual in a designated record set in accordance with the Privacy Rule setforth at 45 CFR §164.526, unless the regulation provides fora denial or exception that applies. 11. Accounting of Disclosures. Business Associate agrees to make available to the individual and /or the Covered Entity from whom the PHI originated, information required for an accounting of disclosures of PHI with respect to the individual, in accordance with 45 CFR §164.528, and incorporating exceptions to such accounting designated under the regulation. Such accounting is limited to disclosures that were made in the six (6) years prior to the request (not including any disclosures prior to the compliance date of the Privacy Rule). (a) Covered Entity is required to take action on such requests as soon as possible but not later than 60 days following receipt of the request. Business Associate agrees to use its best efforts to assist Covered Entity in meeting this deadline. (b) Such accounting must be provided without cost to the individual or Covered Entity if it is the first accounting requested by an individual within any 12 month period; however, a reasonable, cost -based fee may be charged for subsequent accountings if Business Associate informs the individual in advance of the fee and is afforded an opportunity to withdraw or modify the request. (c) Such accounting shall be provided as long as Business Associate maintains the PHI. Easter Seals East Texas, Inc. Vol. 213 Pg. - Page 13 o115 - -- - D. Internal Practices Books, and Records. Business Associate shall make available its internal practices, books, and records relating to the use and disclosure of PHI received from, created, or received by Business Associate on behalf of the Covered Entity to the U.S. Department of Heath and Human Services or its agents for the purpose of determining the Covered Entity's compliance with the HIPAA Rules, or any other health oversight agency, or to the Covered Entity. E. Indemnification. To the extent permitted by law, Business Associate agrees to indemnify and hold harmless Covered Entity from and against all claims, demands, liabilities, judgments or causes of action of any nature for any relief, elements of recovery or damages recognized by law (including, without limitation, attorney's fees, defense costs, and equitable relief), for any damage or loss incurred by Covered Entity arising out of, resulting from, or attributable to any acts or omissions or other conduct of Business Associate or its agents in connection with the performance of Business Associate's or its agents' duties under this Agreement. This indemnity shall apply even if Covered Entity is alleged to be solely or jointly negligent or otherwise solely or jointly at fault; provided, however, that a trier of fact finds Covered Entity not to be solely or jointly negligent or otherwise solely or jointly at fault. This indemnity shall not be construed to limit Covered Entity's rights, if any, to common law indemnity. Covered Entity shall have the option, at its sole discretion, to employ attorneys selected by it to defend any such action, the costs and expenses of which shall be the responsibility of Business Associate. Covered Entity shall provide Business Associate with timely notice of the existence of such proceedings and such information, documents and other cooperation as reasonably necessary to assist Business Associate in establishing a defense to such action. These indemnities shall survive termination of this agreement and Covered Entity reserves the right, at its option and expense, to participate in the defense of any suit or proceeding through counsel of its own choosing. F. G. Rights of Proprietary Information. The Covered Entity retains any and all rights to the proprietary information, confidential information, and PHI it releases to Business Associate. H. Termination for Breach. Without limiting the termination provisions herein, if Business Associate breaches any provision in this Section entitled "Use and Disclosure of PHI", Covered Entity may, at its option, access and audit the records of Business Associate related to its use and disclosure of PHI, require Business Associate to submit to monitoring and reporting, and such other conditions as Covered Entity may determine is necessary to ensure compliance Easter Seats East Texas, Inc. - -- -- - - - - -Vol. 213 Pg. �ff - Page 14 of 15 with this Article; or Covered Entity may terminate this Agreement on a date specified by Covered Entity. I. Reference Any reference in this Section entitled "Use and Disclosure of PHI' J. Section entitled "Use and Disclosure of PHI' K. Precedent and Ambiguity. If any term of this Section entitled "Use and Disclosure of PHI' conflicts with another term of this Agreement, the term contained in this Section shall be controlling. Any ambiguity in this Section entitled "Use and Disclosure of PHI' shall be resolved to permit Covered Entity to comply with the HIPAA Rules. L. Survival of Key Provisions. The provisions of this Section entitled "Use and Disclosure of PHI' shall survive the termination of this Agreement. Accepted: usiness ssoci to Easter Seals East Texas, Inc. Page 15 of I S Vol. 213 PE. U�� COMMISSIONER COURT MINUTES OF DECEMBER 16, 2014 ARE CONTINUED IN VOLUME 214 PAGE 1 Vol. 213 Pg. J 0 / COMMISSIONER COURT MINUTES OF DECEMBER 16, 2014 ARE CONTINUED FROM VOLUME 213 Vol. 214 Pg. / 1� AUSTIN ENVIRONMENTAL, INC. P.O. Box 3725 Bryan, Texas 77805 -3725 979 - 778 -2699 Fax 979 - 778 -2730 pdehlinger @austinenv.com Asbestos Consulting Services Proposal Date: December 9, 2014 Proposal No.: Project Name: MHMR Building Location: 302 East 24th Street, Bryan, Texas Contact: Charles Wendt Telephone No.: 979 - 775 -7400 cwendt @co.brazos.tx.us Description of Services: Perform a comprehensive asbestos inspection for the MHMR facility located at 302 E. 241" Street In Bryan. The scope of work for the asbestos testing includes testing roofing materials and exterior paneling. Asbestos testing to comply with the Texas Asbestos Health Protection Rules TAC 295. 34 and the National Emissions Standards for Hazardous Air Pollutants (NESHAP) 40 CFR Part 61, subpart M. Asbestos consulting and other environmental related issues not included in the scope of work. PROPERTY OWNER/OPERATOR IDENTIFICATION: Name: Commissioners Court - Brazos County Address: 200 S. Texas Ave. Bryan, Texas 77802 Attention: Charles Wendt Asbestos Inspection Three hundred fifty dollars .............. ........................$350.00 Asbestos analysis (Rush analysis) Twenty dollars per sample ............ .........................$20.00 PLM /DS Normal Turnaround Time 24 -30 samples Point Count Analysis Forty -five dollars per sample .. .........................$45.00 Asbestos Inspection Report Two hundred fifty dollars and no/ 100 ......................$250.00 Asbestos Project Design /Bid Documents Eight hundred fifty dollars and no/ 100 ............... ........................$850.00 Asbestos air monitoring /Project Management Per 8 Hour Day Four hundred fifty dollars and no/ 100 ... ....................$450.00 /Per 9 Hour Day *Estimate 9 hrs /day for the duration of the project depending on the Asbestos Abatement Contractors work schedule. Fifty -five ($55.00) dollars per hour over 9 hour work day. Asbestos Abatement Report Two hundred fifty dollars and no/ 100 .................. ........................$250.00 Vol. 214 Pg. „ 2 December 9, 2014 Page 2 Austin Environmental Inc, Excludes the following from the Proposal: 1. DSHS asbestos fees 2. Damage or repairs to suspect ACBM during sampling activities lie. Roofing, TSI, Drywall, etc). 3. Costs associated with access to suspect ACBM during sampling period (ie. Scissor lifts, safety equipment, etc.,) 4. Roof Patching and Repair 5. Removal /Disposal of hazardous materials. 6. Inspection/ Testing of Hazardous materials outside the scope of work (ie., mercury vapor, mold, indoor air quality, PCB's, radon, etc.,) 7. ACM or ACBM hidden or enclosed in building materials that are not removed until construction activities. Destructive sampling will be minimized due to the occupancy of the building. RACM, Category I and Category 2 nonfriable asbestos containing materials may exist in wall cavities, behind brick, roofing materials and isolated in crawlspaces and confined spaces. Austin Environmenta)pcRaul B. Dehlinger fee is based on the scope of work described in the proposal. If the propesa,11 is ac�epted ple e a Deri d not to xced 30 days. 1 Signed Vol. 214 Pg. ,_.7 13 I communications swuAty 6 D410C9M Sy614me100. December 03, 2014 Ms. Leslie Williams Brazos County Auditor's Office PO Box 914 Bryan, TX 77803 979 - 361 -4294 Iwilliams( brazoscountvtx.gov Re: Select Schedule Annual Maintenance Contract Proposal No. S -02 -03 -2015 Dear Ms. Williams, L -3 Communications Security and Detection Systems Inc. is pleased to provide the attached proposal for equipment maintenance on your x -ray systems with a period of coverage of February 3, 2015 through February 2, 2016. We value your business and look forward to receiving your acceptance documentation soon. Please review the attached proposal and verify the following information: Billing address for your invoice Delivery address Method of payment • Model description, serial number, and location of system If you do not issue purchase orders, by signing this document, you have acknowledged our proposal and agreed to enter into a maintenance contract with L -3 Communications Security and Detection Systems, Inc. This document will serve as a purchase order. We will respond via fax, mail, or e-mail with your Contract ID for your records. If you have any questions please feel free to contact me directly at your convenience. Should any repairs or adjustments be required to your equipment in between the regular scheduled preventative maintenance visits please contact our 24x7 Service Center directly at 1 -800- 776 -3031. Sincerely, +�_ -.Glen Lillian Castro -Pena Contracts Department L -3 Communications Security and Detection Systems, Inc. Lillian.Castro- Pena(a )L- 3com.com Phone: 781-970-1606 Fax 781 - 939 -3949 10E Commerce Way, Woburn, MA 01801 Phone: 781- 970.1908 Fan 781- 939 -3949 SewV_Gontmcta.SDSdML- 3com.com 24.7 Customer Service 800- 776 -3031 Vol. 214 Pg. 4 I communications Scauraya 'eoo on SyakmaInc. BILLING & SHIPPING ADDRESS: Ms. Leslie Williams Brazos County Auditor's Office PO Box 914 Bryan, TX 77803 979 -361 4294 PROPOSAL NO: S -02 -03 -2015 DATE OF PROPOSAL: 12/03114 PROPOSAL VALID FOR: 60 DAYS ATTACHMENTS: 8100 - 11901 -00 and 8100 - 11902 -00 SELECT SCHEDULE ANNUAL EQUIPMENT MAINTENANCE CONTRACT PROPOSAL SCHEDULE OF SERVICES PROVIDED UNDER THIS CONTRACT: • All necessary repair parts and freight related expenses • Regular (Monday- Friday, 8:00am- 5:00pm) labor hours for remedial maintenance • Regular (Monday- Friday, 8:00am- 5:00pm) travel time to and from the equipment site • Airfare and Per Diem expenses as required per scope of repairs. • One annual preventative maintenance inspection per x -ray system ` • One annual radiation safety survey and preparation of performance report per x -ray system • Additional services are available upon request at time and materials rates Note: Metal Detectors do not receive preventative maintenance or radiation survey services. COVERAGE PERIOD: February 3, 2015 through February 2, 2016 PAYMENT TERMS: Annual billing, in Advance, payment net 30 days after delivery of Seller invoice ACCEPTED FORMS OF PAYMENT: Business check, Wire Transfer, Credit Card CONTRACT TERMS AND CONDITIONS AND STATEMENT OF WORK: The terms and conditions and statement of work governing this contract are detailed on attached documents 8100-11901 -00 and 8100. 11902 -00 herein. These seller terms and conditions shall take precedence over any and all others Incorporated by the Buyer. EQUIPMENT TO BE SERVICED UNDER THIS CONTRACT: Item Model No. Serial No. Unit Price Shipping Location 1 PX6.4 PX64794 $5,200.00 300 East 26 Street, Suite 116F, Bryan, TX 77803 2 PX5.3 PX530044 $4,600.00 3030 East 29 Street, Suite 113, Bryan, TX 77802 TOTAL ANNUAL PRICE: $9,800.00 plus tax if applicable -See document no. 8100- 11901 -00, clause no. ten (10) for details. Please reference proposal no. S -02 -03 -2015, unit serial number(s) and period of performance on your purchase order. If you do not issue purchase orders, by signing this document, you have acknowledged our proposal and agreed to enter Into a maintenance contract with L -3 Communications Security and Detection Systems, Inc. This document will serve as a purchase order. We will respond via fax, mail, or e-mail with your Contract ID for your records. Contact Lillian C Pena concerning order placement via Phone: 781 - 970 -1606 -or- e-mail Lil1ian .Castro- Pena(8,L- 3com.com BUYER PURCHASE ORDER NUMBER: AUTHORIZED SIGNATURE REQUIRED: Title: Signature: l� Date: (2, CONTRACT ID: L -3 COMMUNICATIONS SECURITY AND DETECTION SYSTEMS, INC.: Name: Lillian Castro -Pena Title: Contracts Deot Signature: Date: 12103/2014 10E Commerce Way, Woburn, MA 01801 Phone: 781- 970 -1806 Fax: 781. 9394949 ServiwConhacts.SDS*L- 3com.cam 240 Cmtomer Service 800.776-3031 Vol. 214 Pa. Dsocurity 3 communications a Dalocuon Sysloma lAK ANNUAL EQUIPMENT HARDWARE MAINTENANCE CONTRACT TERMS AND CONDITIONS Document No. 8100-11901-00 1. Cross Indemnification: L -3 Communications Security and Detection Systems Inc., hereinafter referred to as Seller, Shall Indemnity, defend and hold Buyer harmless from and against any losses, damages, expenses, Iiabllldes, and Costs adsing out of the negligence of Seller, its employees, Or agents in performing services under this Agreement Buyer shall indemnify, defend and hold Seller harmless from and against any losses, damages, expenses, liabilities, and Costs arising out of the negligence of Buyer, Us employees, or agents with respect to the use or operation of the System. 2. Cancellation during the contract oerlod: If Buyer cancels this Agreement pursuant to Section three (3) or If newly purchased equipment supplied by Seller replaces the equipment under this Contract Buyer may cancel this Contract without charge by giving written notice to Seller. In the case of a Cancellation for any other reason, Buyer must provide Seiler ninety (90) days' prior written notice of Cancellation or pay Seller 25% of any remaining annual Contract fee as liquidated damages. Seller also reserves the right to cancel this Agreement without penalty ff Buyer is in default and fails to cure within 30 days following receipt of written notice of default. Z. Cancellation for cause, Buyer retains the right to Cancel this contract immediately and without advance notice to Seller should Sellers services be unsatisfactory in quality or should Seller fail to perform In accordance with the statement of services for any reason within Sellers Control. In the event of such cancellation, Buyer will notify Seller In writing. Buyer will pay only for the services rendered up to the date that Seller receives the written cancellation notice. 4. LIMITATION OF LIABILITY: REGARDLESS OF THE LEGAL OR EQUITABLE BASIS OF ANY CLAIM, IN NO EVENT WILL SELLER BE LIABLE FOR 0) ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM INACCURATE OR LOST DATA, LOSS OF USE OR LOSS OF REVENUES OR PROFITS, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY ORDER, THE FURNISHING OF PRODUCTS AND SERVICES OR THE USE OR PERFORMANCE OF PRODUCTS OR SERVICES, EVEN IF INFORMED OF SUCH DAMAGES, OR 00 FOR ANY THIRD PARTY CLAIMS AGAINST CUSTOMER SELLER'S MAXIMUM LIABILITY UNDER ANY ORDER, INCLUDING UABILITY ARISING OUT OF PRODUCTS DELIVERED, SERVICES PERFORMED OR FROM SELLERS NEGLIGENCE OR OTHER ACTS OR OMISSIONS, WILL BE LIMITED TO THE AMOUNT PAID TO SELLER FOR THE'PRODUCTS AND/OR SERVICES GANG RISE TO THE CLAIM. - 5. Alterations: Buyer shall have the right to requestthat systems be retum ad to sar Ace coverage on a pro-rated basis. Prior to systems being returned to service Coverage all systems are subject to billable pre - Inspection services to be performed by the Seger. The Sellers prevailing standard service rates shall be used to Calculate the prednspection services. 6. Software, Unless otherwise expressly agreed in writing to the Contrary, all technical specifications, Software, technical information, source Code, drawings, and /or Data provided to Buyer by the Seller, or used by the Seger In updating, upgrading or performing repairs to the Buyers equipment shall remain the sole property of the Seller. Any use of said data and Software shall Constitute use under a limited use license only. This License is expressly limited to the functionality of Individual Items of L -3 equipment previously purchased by the Buyer. 7. Exclusions: Contractual Coverage shall not apply to any equipment spare parts, or services that are: (a) repaired, moved or modified other than by Sellers authorized personnel; or (b) subjected to physical or electrical abuse, areas. or misuse; or (c) stored, operated, modified, or maintained in a manner inconsistent with applicable Seiler instructions and Specifications. No third party agents, regardless of affiliation or former affiliation with Seiler, retain the rights to perform service actions under this contract. Also excluded from this Contract are pans, materiels, and other ancillary equipment which he" been damaged due to improper handling; power surges, exposure to the elements of extra= heat, extreme cold, moisture; acts of nature such as rain, sleet snow, earthquakes, tightening, humcane, etc.; equipment failures resulting from installation or operation Or use in any manner not in accordance with Seller Instructions; failures resulting from installation or operation or use in any manner not In accordance with Seller Instructions: equipment damage due to misuse or abuse (through negligence, accident, or vandalism); erroneous report by Buyer of equipment failures; and equipment which has been repaired or modified without the written approval of Seller. 8. Accessories and Attachments: Service actions performed by Seller under this Contract will not include maintenance or repair of accessories, attachments, machines, or other similar devices not originally supplied or provided by Seller, painting or refinishing of equipment or providing such painting or refinishing materials; or furnishing supplies, accessories, or other similar devices except as sped8callyy, required for equipment repair w maintenance. 9. Special Cancellation: The specific equipment Covered by this contract shall be serviced as needed and all required spare parts shag be provided unless stock Is no longer available due to end of life Issues. Seller shall make a best Commercial effort to support this equipment during the contractual period and make provisions for and of life parts. Should services be required and spare parts are no longer available. Seller shall make a best commercial effort to render Buyers equipment back into operating condition. If Seller Is unable to bring the up to operating Condition, the affected equipment shall than be removed from the remainder of the Contract and a pro-rated credit for the balance of the present contract term shall be issued, Credits shag be sent out within thirty (30) days of cancellation. Also, the affected equipment shall not be Included in future contract renewals ardudng any remaining Optional years. 10. Tales: This quotation does not include taxes. Taxes levied against L -3 as a result of products offered or sold hereunder and any services rendered in Connection therewith. including but not limited to Installation or maintenance would be additional cost and shag be reimbursabie by Purchaser upon Submittal of supporting documentation of such Costs. 11. Aeceptznce of Buyer's Terms and Conditions, Any resultant ContractiPurchase Order with Terms and Conditions other than these shall not be accepted without notice provided to Buyer accepting all or a portion of the Buyers Terms and Conditions. Estimates are calculated under these Terms and Conditions and pricing may change for compliance with alternative Terms and Conditions as well as the schedule. 10E Commerce Way, Woburn. MA 01801 Phone: 781 -970 -1806 Fax 781 -039 -3849 ServiceConM cts.SDS0L- 3com.com 24x7 Customer Service 800.778 -0031 Vol. 214 Pg. 6 1 communications Socudly & DOI ocdof Systems In C. ANNUAL EQUIPMENT HARDWARE MAINTENANCE CONTRACT STATEMENT OF WORK Document No. 8100 - 11902 -00 1. Response Time L-3 Communications Security and Detection Systems Inc, herdnafler rammed to as Seller, will provide response as soon as possible to requests far equipment service from Buyer's authorized representative. 8 -hour Seller response time will be typical in geographical locations where Seller has resident service engineers. 24 -hour Seller response time will be typical In geographical locations where Seller does not have resident service engineers. Seller does not warrant that the use of equipment will be uninterrupted or error free. 2. Seller Responsibilities: As applicable to the specific maintenance contract schedule, service actions performed by Seller will include all parts, maledals, and labor required to adjust, maintain, repair, or restore the equipment to proper operating condition in accordance with the manufacturers specifications. Seller will not perform any modifications to the equipment without Buyers written approval. Seller will perform all service actions at the equipment site whenever possible and practical. Seiler will perform all service actions with the least possible interference or disruption to the orderly conduct of Buyers normal operations. Upon the completion of service, Sager will leave Buyers premises in as neat, orderly, and dean condition as existed upon start of services. Seller will be responsible for obtaining all air aide passes, work permits, clearances, and required licenses. Seller will be responsible for compliance with all laws, codes, rules, and regulations applicable to services performed under this contract Senor w0 not transfer or assign its obligatons under this contract either In whole or in part without the prior written approval of Buyer. 3. Buyer Responsibilities: Buyer will provide adequate facilities for Seller's personnel. The facilities will include adequate workspace, heat llghtng, ventilation, proper electrical current, and earth grounded electrical millers. The facilities will be located within a reasonable distance from the equipment being serviced and will be provided by Buyer at no cast to Seller. Seller will not be responsible far Buyers failure to provide prompt access to the equipment or to adequate facntlef. 4. Additional Services: Upon agreement between Buyer and Seller, Seller may perform additcnel services beyond Sellers obligations under this contract. Such services may include, but are not limited to, equipment installation, relocation, and re- installation. All such services, when performed, will be Invoiced to Buyer in accordance with Selara prevailing standard service rate schedule. 5. Service Call Report ISCRI: Upon completion of service, Sellers service engineer will submit the SCR to Buyers authorized representative. The SCR w8 Itemize the service actions performed. Buyers authorized representative will be provided with a copy of the completed and signed SCR. Should Buyer fail to have an authorized representative on site for any reason upon completion of Sellers services, the lack of Buyers authorized representative's signature on the SCR will not be a basis for claiming that unsatisfactory service was provided by Seller. 6, Spare Parts and Materials: An spare parts and materials provided and or replaced by the Seller, regardless t they are new; factory refurbished, rebult restored, renovated or reconditioned. shall be warranted for ninety (90) days from the date of installation. Seller reserves the right to use Uke- Kind - Duality, spare parts and materials including new, factory refurbished, rebuilt, restored, renovated or reconditioned Items. Any use of alternate spare parts and materials shall have no effect on the Farm, Flt, and Function of said parts and materials and shall be warranted for ninety (90) days from the date of Installation, or the remaining life of the contract whichever is longer. 7. Annual Preventative Maintenance for X-ray Systems' Listed below are the procedures that our technicians perform during the annual contract period ANNUAL PREVENTATIVE MAINTENANCE FOR X -RAY SYSTEMS VISUAL AND MECHANICAL: • Vacuum system interior and exterior • Inspect conveyor rollers . Inspectcondition of conveyor belt and lacing • Adjust conveyor belt tension and tracking • Inspect condition of x-ray sensor dust shields • Inspect for x -ray generator oil leakage • Algn and dean optical sense modules • Test indcator lamps for proper operation OPERATIONAL SAFETY: ELECTRONIC: • Adjust x -ray tube voltage and current • Tel operator control panel functions • Adjust monilors • Inspect conveyor relays • Adjust power supply voltages • Collimate x -ray beam • Verity x-ray image quality & resolution RADIATION SAFETY: InspectAC fne card for damage and test for proper grounding • Measure radiation dace per inspection (annual),lest all safety interlocks for proper operation Inspect finger guards and/or pop -out rollers for damage Verify conveyor under panels are securely attached • Test emergency stop switches • Measure external radiation emissions (annual) • Test all 'x-ray on' indicators for proper operation • Inspect condition of lead curtains • Inspedapemlor looanat for condition and test for proper operation • Preparation of FAA Farm 1650 -17, 10E Commerce Way, Wabum, MA 01801 Phone: 781 -070 -1808 Fes 781. 939 -3948 24x7 Customer Service 800- 77"031 Vol. 214 Pg. 7 I Dcommunications cmey a vamcma Sysiamainc. Payment / Remittance Information Please Update Your Records Correspondence and PO Address *: L -3 Communications Security and Detection Systems, Inc. 10E Commerce Way Woburn, MA 01801 Check Remittance Address: L -3 Communications Security and Detection Systems, Inc. 21867 Network Place Chicago, IL 60673 — 1218 * This address must be listed as the vendor address on your PO. Purchase Orders and other correspondence (EXCLUDING PAYMENTS) should be sent to Woburn, MA PLEASE BE SURE TO NOTE INVOICE REMITTANCE INFORMATION ON ALL PAYMENTS Checks Via Courier: UPS /Federal Express JP Morgan Chase Bank, N.A. Attn: L -3 Communications Security and Detection Systems, Inc. Lock Box No. 21867 131 S. Dearborn - 6th Floor Chicago, IL 60603 EFT/Wire Transfers: JP Morgan Chase Bank, NA One Bank One Plaza 2 S Dearborn Chicago, IL 60670 Account Name: L -3 Communications Security and Detection Systems, Inc. Account Number: 656511029 ABA/Routing Number: 071000013 Swift Code: CHASUS33 F.I.D. Number: 04- 3054475 DUNS Number: 112753194 CAGE CODE: 1VGC6 10E Commerce Way, Wobum, MA 01801 Phone: 781- 970 -1606 Fax: 781- 939 -3949 ServiceConlracts SDS0L -3com com 240 Customer Service 800 - 776-3031 Vol. 214 Pg. 9 DAVIDSON DOCUMENT SOLUTIONS, INC. You're In Charge/ w TEXAS DOCUMENT SOLUTIONS ARIZONA DOCUMENT SOLUTIONS NEW MEXICO DOCUMENT SOLUTIONS Austin, TX 78758 Bryan, TX 77802 Lufkin, TX 75901 SanAnbrlo,TX78216 Tempe, AZ 85281 Tyler, TX 75703 Waco, TX 76712 • 2600 Longhorn Blvd #102 • 724 East Villa Maria #50C • 2003 Atkinson Drive • 620 West Sunset Road • 1406 West 14th St. #102 • 4619 Troup Highway • 6700 Woodway Drive • 512 -635- 1000•(Fax) 512- 832.8255 •979- 775- 5500•(Fax)979- 775 -5900 • 936- 699 -2800 • (Fax) 936 - 6994229 •210 -822- 3500•(Fax)210- 826 -9286 •480- 967- 3200•(Fax)480- 967 -3215 • 903- 509- 9900•(Fax)903 -509 -9905 •254 -881- 7500•(Fax)254 -754 -0555 CUSTOMER NO. ORDER DATE INSTALL DATE TECH REP. SALES REP. 12/1/2014 1 Kinze Storm BILL • TO (if other than Bill To): NAME NAME Brazos County Purchasing Department ADDRESS ADDRESS 200 South Texas Ave #352 CITY Bryan STATE ZIP CITY STATE LP Tx 77803 CONTACT Leslie Williams CONTACT PHONE 979 - 361 -4294 FAX PHONE FAx 979 - 361 -4293 ADDITIONAL COMMENTS ❑ New customer ❑ ExsIsting, customer CITY. PROD. NO. 1 CUSTOMER STATUS: TYPE ACTION REQUEST: SHIP VIA: ❑ CGEM /NIPA Account ❑ Rental ❑ Trial Dates: ❑ State Contract ❑ Sal Lease ❑ Other: P.O. NO. DESCRIPTION SERIAL NO. METER UNIT PRICE TOTAL Monthly Maintenance I 1 $1,179.50 Effective December 1, 2014 - March 31, 2015 Includes 213000 Black & White copies Black & White overages billed at .0055 each. Includes toners, drums, fusers, developers, staples, parts, labor and traveltime. "Excludes Paper' Maintenance Contract Pricing to be guaranteed for 5 continuous years through Texas Document Solutions. All Copies to be divided between the following equipment: MX -M464N CSCD #1 MX -M364N CSCD #2 MX -M623N County Clerk MX -M314N Constable Precinct #3 MX -M623N District Clerk #1 MX -M464N District Clerk #2 MX -M464N Juvenile MX -M314N 272nd District Court M3540idn Associate Judge #1 M3540idn County Clerk MX -M314N Jury Services MX -M363N County Judges Office MX -M314N Purchasing Department Page 1 (Continuation on Page 2) Vo1.214Pg. DAVIDSON DOCUMENT SOLUTIONS, INC. You're In Charget.. TEXAS DOCUMENT SOLUTIONS ARIZONA DOCUMENT SOLUTIONS NEW MEXICO DOCUMENT SOLUTIONS Awth TX 78758 •2500 Longhom BW 6102 Bryan, TX 77802 •724 East Via Mahe 0500 LUBA A75901 •2003A0cason Dmre SrkhigTX7B218 •620Wea1Sunsetgoad Tempe, AZ SW •1408Wesf1.41hSt#102 Tyler, TX 76703 •4619Tmu0Hiphway WaA 7X 76712 •6700 Woodoy Dhx9 • 512-835-1990 •(Fax) 512-832 -8255 • 979.775-5500• (Fax) 979.775-5900 • 9ZM9.2500 •(fax) 93MM229 • 210-822-8500 • (fax)2IM6.VA • 4838973200 • (Fax) 490-8(17-8215 • 9OM09-8900•(Fax) 903- 5094905 • 254891.7500 •(Fax) 261.750555 CUSTOMER NO. ORDER DATE INSTALL DATE 12/1/2014 BILL • NAME Brazos County Purchasing Department TECH REP. 1 TO (if other than Bill NAME SALES REP, 1 Kinze Storm To): ADDRESS 200 South Texas Ave #352 ADDRESS CITY Bryan STATE ZIP Tx 77803 CITY STATE zip CONTACT Leslie Williams CONTACT PHONE FAX PHONE FAX ADOmONAL COMMENTS ❑ New Customer Exitstlip Customer CITY. PROD. • MX -M564N CdTOMER STATUS: CGEM /N3PA Account ❑ Rental State Contract Sal Lease DESCRIPTION District Attorney TYPE ACTION REQUEST: ❑ Trial Dates: Other: SERIAL NO. METER SHIP VIA: P.O. NO. UNIT PRICE TOTAL MX -M314N Associate Judge # 2 Page 2 SALES MANAGER DATE Subtotal SERVICE MANAGER DATE Sales Tax N/A CUSTOMER ACCEPTANCE DATE TOTAL $1,179.50 Vol. 214 Pg. /D DAVIDSON DOCUMENT SOLUTIONS, INC. You're In Charge! w TEXAS DOCUMENT SOLUTIONS ARIZONA DOCUMENT SOLUTIONS NEW MEXICO DOCUMENT SOLUTIONS AusBn, TX 78758 Bryan, TX 77802 LuBdn, TX 75901 SanArlbNcITX78216 Tempe, AZ 85281 Tyler, TX 75703 Waco, TX 76712 • 2600 Longhorn Blvd 9102 • 724 East Villa Marta #500 • 2003 Atkinson Drive • 620 West Sunset Road • 1406 West 14th St. #102 • 4619 Troup Highway • 6700 Woodway Drive •512.835- 1000•(Fax)512- 832 -6255 • 979 - 775.5500 •(Fax)979- 776 -5900 •936 - 699.2800•(Fax)936- 699 -4229 •210. 822.3500 •(Fax)210- 826.9286 •480- 967.3200•(Fax)480 -987 -3215 • 903.509.9900- (Fax)903.509 -9905 • 254 - 881.7560 • (Fax) 254 -754 -0555 CUSTOMER NO ORDERDATE INSTALL DATE TECH REP. SALES REP, 10/1/2014 Kinze Storm NAME NAME Brazos County Purchasing Department ADDRESS AOORESS 200 South Texas Ave #352 CITY STATE ZIP CITY STATE ZIP Bryan Tx 77803 CONTACT CONTACT Leslie Williams PHONE FAX PHONE FAX 979- 361 -4294 979- 361 -4293 ADDITIONAL COAMAENTS CUSTOMER STATUS: TXPE ACTION REQUEST: SHIP VIA: ❑ New Customer ❑ CGEM /N)PA Account ❑ Rentai Lj Trial Dates: ❑ Exsistin Customer ❑ State Contract ❑ Sale /Lease Other: P.O. NO. Monthly Maintenance $672.50 1 Effective October 1, 2014 - November 30, 2014 Includes 119000 Black & White copies & 200 Color copies per month. Black & White overages billed at .0055 each and color overages billed at .05 each monthly. Includes toners, drums, fusers, developers, staples, parts, labor and traveltime. "Excludes Paper` Maintenance Contract Pricing to be guaranteed for 5 continuous years through Texas Document Solutions. All Copies to be divided between the following equipment: MX -M464N CSCD #1 MX -M364N CSCD #2 MX -M623N County Clerk MX -M314N Constable Precinct #3 MX -M623N District Clerk #1 MX -M464N District Clerk #2 MX -M464N Juvenile MX -M314N 272nd District Court C300W Associate Judge #1 - FS -314ON County Clerk he Following Equipment Will be Removed from an Existing MIA and Added to this Agreemen MX -M314N Jury Services MX -M363N County Judges Office Page 1 (Continuation on Page 2) Vol. 214 Pg. // -: DAVIDSON DOCUMENT SOLUTIONS, INC. You're in Charge/ n TEXAS DOCUMENT SOLUTIONS ARIZONA DOCUMENT SOLUTIONS NEW MEXICO DOCUMENT SOLUTIONS AWtInjX18758 •2690 Lwghom 60A #192 &Yen TX 77502 •724 East WM Made 15W LutftYl•TX 75901 •2003ftimoo Wn 8&*kx%TX78216 •620 Wag &MI Road Tempe, AZ 65261 0406Wes1 ift &. #102 Tyler, TX 75703 •4619Ts Atmay Wow, TX 76712 •6700 Weadway Drive • 512-835.1009 • (Fos) 5124832 -9255 • 919.7755509 •(Fes) 979.775 -M •MR99 -28M- Fax) 9308994229 •210-022- M-(Fax) 2198268286 • 480-9673200•(Faa1480967 -3215 •9936098900•(Fao) 9035099805 • 254. 881.7500 • Tax) 254.7548555 Vol. 2 14 Pg. ,�- . - SALES REP Kirize Storm ...., TC ivy rid ,rW' rY• iC ..y VVIS%ety-N IM• >�k'�.�,rs.r:...n,n •}thdrA :r.nffi.r- •ter 4ep.aY. µ. pT'.: yF BItL TO 4' ' : r� ^'�`� ,�.. .�� „� r�. a �o�t� •, ,�• „. � :SHIPrTO If other than BlllrTo Purchasing NME NAME Brazos County Department ## South Texas Ave #352 CrTy STATE ZIP CITY STATE ZIP Bryan Tx :0 CONTACT CONTACT Leslie Williams PHONE FAX PHOW FAX AODFTJONAL COMMENTS CUSTOMER STATUS: TYPE ACTION REQUEST: SHIP VIA: ■ ■ ■ ■ . Dates: Exsistinq Customer State Contract ■ ■ ■ O/ T -J.X• an4 QTY'��P�ROD Mal+•* yMh`•t IT.; NO' y± A >Fr 1�yr."`y'y.I1 n•:.1 fit-T'.li �YiT.Y «Pdva > "W .�!Vr-h'Tt•°Ry(:- r, ji�s�lh« DESC„ �RI�P,. �IONA4, ��t, ��^, y�r �* Purchasing Department SP_.H rot+ Y �4�SERIALNO� 3n toL+.se.RR{'r'�M ,�'�ME?T�E�R�UNITi�PR�CEyh• 4'X^t1iFr'S4•]9'• rf kE.. Nri4 -�W'n �TOTAL�.r OEM= l / 1 - SEWCEMANAGER Vol. 2 14 Pg. ,�- . - DAVIDSON DOCUMENT SOLUTIONS, INC. You're in chorgel,. TEXAS DOCUMENT SOLUTIONS ARIZONA DOCUMENT SOLUTIONS NEW MEXICO DOCUMENT SOLUTIONS Austin, TX 78758 Bryan, TX 77802 Lufkin, TX 75901 SanAnkxb,TX78216 Tempe. AZ 85281 Tyler, TX 75703 Waco, TX 76712 • 2600 Longhorn Blvd #102 • 724 East Villa Marta #500 • 2003 Atkinson Drive • 620 West Sunset Road • 1406 West 14th St. #102 • 4619 Troup Highway • 6700 Woodway Drive SERVICE / SUPPLY PLATINUM USER AGREEMENT Terms and Conditions •512.835.1000•(Fax)512 -832 -8255 •979.775 -5500 •(Fax)979- 776.5900 • 938-699 -2800 • (Fax) 936994229 •210. 822- 3500•(Fax)210 -826 -9286 •480.967- 3200•(Fax)480 -967 -3215 •903.509 -9900 •(Fax)903.509 -9905 • 254.881 -7500 • (Fax) 254. 7540555 1. This Agreement shall remain in full force and effect, unless cancelled by either party In writing, This Agreement may be terminated or changed at any time, by either party on thirty (30) days written notice. Customers obligation to pay all charges, which have accrued, shall survive any termination of this Agreement, the prorated portion of any amount prepaid will be refunded. 2. Monthly and Quarterly Base costs are payable in advance based on the Copy Volume Level and specification provided on the reverse side of this agreement, whereas the excess cost per copy changes are payable in the arrears. 3. Davidson Document Solutions, Inc. shall provide Inspections during the contract period at appropriate intervals. Inspections may be made in conjunction with regular or emergency service calls. Inspections, as well as all service calls, shall be made during normal business hours. 4. Davidson Document Solutions, Inc. will provide parts, which have been broken or worn through normal use and are necessary for servicing and maintenance adjustments. Parts damaged by misuse or carelessness will be charged to the customer in accordance with the Davidson Document Solutions, Inc. parts list price. Photoreceptive Drums are Included, except for facsimile systems and cartridge type copiers and printers. 5. All service calls under this Agreement will be made during normal business hours at the customer's address as shown on the reverse side hereof. Should the equipment be moved to a location in a more distant zone, there may be an increase in the annual maintenance charge. Should the equipment be moved out of the Company's authorized serving area, this contract shall be terminated. Relocation of equipment is not covered by this agreement and will be billed at the agreed upon rate. 6. This Agreement shall not apply to repairs made necessary by accident, misuse, abuse, neglect, theft, riot, vandalism, electrical power failure, or surges, acts of God, fire, water, unauthorized supplies, or other repairs made necessary by service personnel other than those of Davidson Document Solutions, Inc. Charges for repairs or replacement due to the foregoing shall be borne by the Customer. 7. This Agreement does not include applicable taxes. All taxes levied or Imposed, now or hereafter, by any governmental authority shall be paid by the Customer, in accordance with the law. 8. This Agreement covers only the equipment described and does not include any accessories not listed thereon, nor does it include third party add -on devices, such as accounting software and hardware, coin -op box, etc. 9. This Agreement does not cover the Customer's network or problems related to or from the connected network. There are no warranties or guarantees regarding problems associated with the operation of the Customers software or operating systems. Davidson Document Solutions, Inc. will not be held responsible for any down time at the client's location. 10. This Agreement Is not transferable by the Customer, except with the written consent of Davidson Document Solutions, Inc. 11. This Agreement includes all toner and developer used under normal use, unless otherwise noted. However, it does not include excess usage attributable to theft, misuse or sky copies. 13. Optimum performance of the equipment covered by this Agreement can be expected only if supplies provided by, or meeting the specifications of Davidson Document Solutions, Inc. are used. 14. The initial term of this Agreement shall commence on the date of equipment installation. This Agreement shall be automatically renewed upon expiration of the initial period, for successful renewal terms at the standard published service rates, in effect at the time of applicable renewal. 15. Davidson Document Solutions, Inc. would setup and configure a total of 5 stations at the time of the initial sale Installation. Additional charges will be billed at the standard hourly rate for a minimum of one hour for each additional work station or computer upgrade (hardware, hard drive, CPU, operating system software change, etc.). 16. Shipping charges for consumable supplies will be billed separately; plastic waste toner bottles are a permanent part of your machine and are to be reused. The customer will be charged for replacement bottles. Vol 2 14 Pg.- l 3 - - SERVICE CONTRACT BRAZOS COUNTY PURCHASING DEPT. Brazos County Courthouse 200 S. Texas Ave., Ste. 352 IQ Request No. 2014 -03 Bryan, Texas 77803 Reference IQ # 2014 -47 Telephone (979) 361 -4294 Page 1 of 7 Pages GENERAL RE'OUIREMENT FOR CONTRACT I, PrOAS 6ji_cFd ej as a duly authorized representative of �S [�pyty�� i0lly5 "Contractor" willingly attest to perform (or deliver) as per "Maintenance Agreement' for Brazos County, I further agree to all of the provisions and specifications contained in this contract. MAINTENACE/SERVICE AGREED TO Contractor agrees to provide maintenance and service on Brazos County owned copiers listed in Exhibit "A" and Exhibit "B ". Contractor agrees to provide service in a timely manner with no less than a four (4) hour response time. Maintenance will be performed during business hours in accordance with the location of the department where the copier is located. Business hours may vary depending on the location of the copier. For all maintenance or service required on any of the listed copiers, it is required that only original equipment manufacturer (OEM) parts be used for replacement of parts. Toner and staples will be provided for the Contractor for the life of this contract to include any future renewals or extensions. ASSIGNMENT The successful offeror may not assign, sell or otherwise transfer this contract without written permission of Brazos County Commissioners Court. Should there be a change in ownership or management; the contract shall be terminated unless a mutual agreement is reached with the new owner or manager to continue the contract with its present provisions and prices. QUANTITIES The quantities specified in this agreement are estimates only. Brazos County does not guarantee to purchase any minimum quantities or services other than those listed on a purchase order. CONTRACT RENEWALS Renewals may be made ONLY by written agreement between Brazos County and the offeror. Any and all price escalations shat l not be accepted and shall be considered a non - response. Vol -214 Pg. SOQ Conthivation Sheet SOQ Request No. 201447 BRAZOS COUNTY, TEXAS Page 2 of 7 Pages HOLD HARMLESS AGREEMENT Contractor, the successful offeror, shall indemnify and hold Brazos County harmless from all claims for personal injury, death and/or property damage resulting directly or indirectly from contractor's performance. Contractor shall procure and maintain, with respect to the subject matter of this bid, appropriate insurance coverage including, as a minimum, public liability and property damage with adequate limits to cover contractor's liability as may arise directly or indirectly from work performed under terms of this bid. Certification of such coverage must be provided to Brazos County upon request. ADDITION/MODIFICATION OF LOCATIONS OR SERVICES Brazos County reserves the right to add locations as these additional locations may be required. Locations to be added may include, but not limited to, expansions or additions to existing facilities and acquisition or construction of new properties. In the event that Brazos County makes significant structural changes to an existing facility that impacts the contractor's cost in providing the services anticipated by this contract such change may be treated as a new facility and the procedures provided for in this section may be followed in determining an appropriate price. In the event Brazos County wishes to add other locations to a group under the Contract, a quotation will be solicited from the incumbent contractor in good standing for the group in which the new location is appropriately situated. In the event Brazos County shall sell, vacate, abandon, or otherwise dispose or terminate a location to which the contract applies, all existing contracts or agreements or services applicable to such location, the portion of this contract that applies to such locations is terminated. All remaining portions of the contract will remain intact. Brazos County will endeavor to give the Contractor written notice of such termination of locations a minimum of thirty (30) days in advance. INVOICES & PAYMENTS Payments to Contractors will not be made if the Contractor cannot produce a Brazos County Purchase Order, Offerors shall submit an original invoice on each purchase order or purchase release after each delivery, indicating the purchase order number. Invoices must be itemized. Any invoice, which cannot be verified by the contract price and/or is otherwise incorrect, shall be corrected by the Contractor. When multiple deliveries and/or services are required, the offeror may invoice following each delivery or performance of service and Brazos County will pay on invoice with in thirty (30) days upon receipt of invoice. Contracts providing for a monthly charge will be billed and paid on a monthly basis only. The Contractor will provide an invoice for each month in which Brazos County is responsible for payment, during the duration of the contract. Prior to any and all payments made for goods and /or services provided under this contract, the offeror should provide his Taxpayer Identification Number or social security number as applicable. This information must be on file with Brazos County Auditor's office. Failure to provide this information may result in a delay in payment and/or back -up withholding as required by the Internal Revenue Service. PRICING Prices for all goods and/or services shall be firm for the duration of this contract and shall be stated on the Pricing/Delivery Information form, Prices shall be all inclusive: No price changes, additions, or subsequent qualifications will be honored during the course of the contract. All prices must be written in ink or typewritten. Pricing on all transportation, freight, drayage and other charges are to be Vol. 214 Pg. /Y� SOQ Continuation Sheet SOQ Request No. 2014.47 BRAZOS COUNTY, TCXAs Page 3 of I Pages prepaid by the contractor and included in the bid prices. If there are any additional charges of any kind, other than those mentioned above, specified or unspecified, offeror MUST indicate the items required and attendant costs or forfeit the right to payment for such items. Where unit pricing and extended pricing differ, unit pricing prevails. TAXES Brazos County is exempt from all federal excise, state and local taxes unless otherwise stated in this document. Brazos County claims exemption from all sales and /or use taxes under Texas Tax Code §151.309, as amended. Texas Limited Sales Tax Exemption Certificates will be furnished upon written request to Brazos County Purchasing Agent, GOVERNING FORMS In the event of any conflict between the terms and provisions of these requirements and the specifications, the specifications shall govern. In the event of any conflict of interpretation of any part of this overall document, Brazos County's interpretation shall govern. In the event of a conflict between the terms, conditions, provisions, and specifications of this document and any other terms, conditions, provisions, and specifications provided by the Contractor; the terms of this document shall supersede. GOVERNING LAW This bid solicitation is governed by the competitive bidding requirements of Brazos County Purchasing Act, Texas Local Government Code, §262.021 et seg., as amended. Offerors shall comply with all applicable federal, state and local laws and regulations, Offeror is further advised that these requirements shall be fully governed by the laws of the State of Texas and that Brazos County may request and rely on advice, decisions and opinions of the Attorney General of Texas and Brazos County Attorney concerning and portion of these requirements, DISQUALIFICATION OF OFFEROR Upon signing this bid document, an offeror offering to sell supplies, materials, services, or equipment to Brazos County certifies that the offeror has not violated the antitrust laws of this state codified in Texas Business and Commerce Code §15.01, et seq., as amended, or the federal antitrust laws, and has not communicated directly or indirectly the bid made to any competitor or any other person engaged in such line of business. Any or all bids may be rejected if Brazos County believes that collusion exists among the offerors. Bids in which the prices are obviously unbalanced may be rejected. If multiple bids are submitted by an offeror and after the bids are opened, one of the bids is withdrawn, the result will be that all of the bids submitted by that offeror will be withdrawn; however, nothing herein prohibits a Contractor from submitting multiple bids for different products or services, SEVERABILITY If any section, subsection, paragraph, sentence, clause, phrase or word of these requirements or the specifications shall be held invalid, such holding shall not affect the remaining portions of these requirements and the specifications and it is hereby declared that such remaining portions would have been included in these requirements and the specifications as though the invalid portion had been omitted. _ _ Vol. 214 Pg. / � SOQ Continuation Sheet SOQ Request No. 2014 -47 BRAZOS COUNTY, TEXAS Page 4 of 7 Pages SILENCE OF SPECIFICATIONS The apparent silence of specifications as to any detail, or the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practice is to prevail and that only material and workmanship of the finest quality are to be used. All interpretations of specifications shall be made on the basis of this statement. The items furnished under this contract shall be new, unused of the latest product in production to commercial trade and shall be of the highest quality as to materials used and workmanship, Manufacturer furnishing these items shall be experienced in design and construction of such items and shall be an established supplier of the item bid. TERMINATION Brazos County reserves the right to terminate the contract for default if offeror breaches any of the terms therein, including warranties of offeror or if the offeror becomes insolvent or commits acts of bankruptcy, Such right of termination is in addition to and not in lieu of any other remedies which Brazos County may have in law or equity. Default may be construed as, but not limited to, failure to deliver the proper goods and/or services within the proper amount of time, and /or to properly perform any and all services required to Brazos County's satisfaction and/or to meet all other obligations and requirements. Brazos County may terminate the contract without cause upon thirty (30) days written notice. POLICY REQUIREMENTS FOR CERTIFICATE OF INSURANCE CONTRACTOR'S INSURANCE The Contractor /Contractor, before starting work for Brazos County, must furnish Brazos County a Certificate of Insurance or other acceptable evidence from a reputable insurance company or companies with an A.M. Best Rating of AA@ (such companies to be acceptable to Brazos County) licensed to write insurance in the state of Texas, showing that the Contract is covered by the insurance as follows: (1) Statutory Workers Compensation Insurance with Employers Liability Insurance in the amount of $1,000,000, In the event any work is sublet, the Contractor shall require the subcontractor similarly to provide the same coverage and shall himself acquire evidence of such coverage on behalf of the subcontractor. (TLC Sec. 401.011) (2) Commercial General Liability Insurance with a $ 1,000,000 Combined Single Limit. The policy shall be on the Comprehensive General Liability 1986/90 occurrence form, and shall include coverage for acts of independent contractors, and shall name Brazos County as an additional insured, Waiver of subrogation is required. No claims made policies are acceptable without prior approval by the Commissioners Court/Risk Management. (3) Automobile Public Liability n urance with a $ 500,000 Combined Single Limit, in all self - propelled vehicles used in connection with the contract, whether owned, non -owned or hired. Waiver of subrogation is required, The Certificate of Insurance furnished to Brazos County shall contain a provision that coverage under such policies shall not be canceled or materially changed until at least 30 days prior written notice has been given to Brazos County Vol. 114 Pg. /7 'SOQ Conthluation Sheet SOQ Request No. 2014.47 BRAZOS COUNTY, TEXAS Page 5 of 7 Pages LIMITATIONS The parties are aware that there are constitutional and statutory limitations on the authority of Brazos County to enter into certain terms and conditions of the Agreement, including, but not limited to, authorizations of the placement of liens on Brazos County property; disclaimers and limitations of warranties; disclaimers and limitations of liability for damages; waivers, disclaimers and limitations of legal rights, remedies, requirements and processes; limitations of periods to bring legal action; granting control of litigation or settlement to another party; liability for acts or omissions of third parties; payment of attorneys' fees; dispute resolution; indemnities; and confidentiality (collectively, the "Limitations "). Any Agreement terms and conditions related to the Limitations will not be binding on Brazos County except to the extent authorized by the laws and Constitution of the State of Texas. COVERAGES/WAGES Nothing in this Agreement shall be construed as making Brazos County responsible for the payment of compensation and /or any benefits for Contractor including health, property, motor vehicle, workers' compensation, disability, death, and dismemberment insurance for the Contractor's employees and/or equipment. Nothing in the Agreement shall be construed as snaking Brazos County responsible for wages, materials, logistical support, equipment, and related travel expenses incurred by the Contractor. SOVEREIGN IMMUNITY The parties understand that Brazos County does not waive or relinquish any immunity or defense on behalf of itself, officers, employees, agents, and volunteers as a result of its execution of this Agreement and the performance of the covenants contained herein. Further, Brazos County is not responsible for any civil liability that arises from any act or omission made within the course and scope of this Agreement. The Parties understand and agree that Brazos County does not assume civil liability under any theory of law for the actions of the Contractor in providing services hereunder. NOTICES Notices shall be mailed to the addresses designated herein or as may be designated in writing by the parties from time to time and shall be deemed received when sent postage prepaid U.S. Mail to the following addresses: BRAZOS COUNTY: Brazos County, Texas Duane Peters, Brazos County Judge 200 South Texas Avenue, Suite 332 Bryan, Texas 77803 CONTRACTOR: Sales Contact Name: Phone Number: Billing Info: ASSIGNABILITY This agreement may not be assigned without the prior written permission of Brazos County. Vol. 214 ' SOQ Continuation Sheet SOQ Request No. 201447 BRAZOS COUNTY, TEXAS Page 6 of 7 Pages FISCAL FUNDING CLAUSE Notwithstanding any provisions contained herein, the obligations of Brazos County are expressly contingent upon the availability of funding for the obligations contained herein for the term of the Agreement and any extensions thereto. AVAILABILITY AND RETENTION OF RECORDS All records relating to the service provided under this contract and supporting documentation for invoices submitted to Brazos County by the Contractor shall be retained and made available by the Contractor for audit by Brazos County, it duly authorized representatives, the State of Texas (including, but not limited to the Auditor of the State of Texas, Inspector General or duly appointed law enforcement officials) and agencies of the United States Government. Such records shall be returned by Contractor and made available for any time period required by state or federal law. If changes occur in the governing state or federal law, regarding retention records, Contractor shall comply with such changes. If an audit is initiated before the expiration of such time periods required by state or federal Iaw regarding retention of records, the Contractor shall retain such records until the audit is concluded and all issues resolved. Contractor shall provide Brazos County with copies of such audits that be conducted with respect to the contract. AUDIT RESPONSIBILTY The Contractor shall be responsible for receiving, replying to and/or complying with any audit exception by appropriate federal, state or local audit directly related to the provision of this contract. The Contractor shall repay to Brazos County the full amount received for duplicate billings, erroneous billings, false or deceptive claims. The Contractor recognizes and agrees that Brazos County may withhold any money due and recover through any appropriate method any money erroneously paid under this contract if evidence exists of less than full compliance with this contract. Vol. 214 Pg. SOQ Condauation Sheet BRAZOS COUNTY, TEXAS SOQ Request No. 2014 -47 Page 7 of 7 Pages INDEMNIFICATION The Contractor shall defend, indemnify and save harmless Brazos County and all its officers, agents, and employees from all suits, actions, or claims of any character, name and description including attorney's fees expenses brought for or on account of any injuries or damages received or sustained by any person or persons or property, by or from the said Contractor or his employees or by or in consequence of any negligence in safeguarding the work, or through the use of unacceptable materials in construction of the work, or by or on account of any act of omission, the Worker Compensation Law or any other law, ordinance, order or decree, and so much of the money due the said Contractor under and by virtue of his contract as shall be considered necessary by Brazos County may be retained for the use of Brazos County, or in case no money is due, his sureties shall be held until suit or suits, action or actions, claim or claims for injury or damages as aforesaid shall have been settled and satisfactory evidence to that effect furnished Brazos County. Contractor shall defend, indemnify and save harmless Brazos County, its officers, agents and employees in accordance . with this indemnification clause regardless of whether the injury or damage is caused in part by Brazos County, its officers, agents or employees, The undersigned affirms that they are duly authorized to execute this contract, that this proposal has not been prepared in collusion with any other Proposer, and that the contents of this proposal have not been communicated to any other Proposer prior to the official opening of this proposal. The signatory also agrees to all provisions and specifications of this contract. Signed By: T /I Title: V p (20a,, ow, Typed Name: Email Address: Mailing Address: P. 0. Box or state Zip Employer Identification Number: J4�. Appro==kolding this _ i' clay of 2014 by the position of & Vol. 2 14 Pg. )- C9 aT� ^5 OF T Brazos County Purchasing Department 200 SOUTH TEXAS AVE SUITE 352 BRYAN, TX 77803 PHONE (979) 361 -4290 FAX (979) 361 -4293 December 2, 2014 Contract Pharmacy Services, Inc. Phone: 1- 267- 487 -9007 125 Titus Avenue Fax: 1- 237 -487 -9050 Warrington, PA 18976 Email: aborell @contractrxcom Attu: Ann Borell Re. Renewal of Contract for Jail Pharmaceuticals — 2015 -18R previously known as 2014 -33R and 2011 -34 Brazos County appreciates the quality work your company has provided and would like to exercise the renewal option, for Pharmaceuticals — 2015 -18R previously known as 2014 -33R and 1011 -34. All terms, conditions, and pricing shell remain the same. This renewal will be for one year and will start January 28, 2015 through January 27, 2016 To accept the renewal option, please fill out the information and sign below. Return the signed documents by email to 1contreras@brazoscountytx.gov or fax to (979) 361 -4293. Please then submit the original signed documents and an updated Certificate of Insurance by mail to the address listed above. Please return acceptance as soon as possible. If you have any questions, I may be reached at (979) 361 -4294. Contact Name: CONTRACT PHARMACY SERVICES, INC. Authorized Sr rature BRAZ S C Ul Duane Peters, County Judge Vol. 214 Pg. o4 7- Date 1Zl(ol Date DEC 10 2014 15 Vol. 214 Pg.o<o� e fi p� N z�1 ° Nil wk— s kip.: kl"'k e a ; N en w n '. W �O 0 bb mV U mU 5�o F k X •�•' X �, r Ord, � ri tl r( P 4OI a � m4 M o- 9 X v WT rx t Vol. 214 Pg.o<o� 1 BRAZOSCOUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge DEPT. NUMBER 56001000 DATE OF COURT MEETING: December 16.2014 ITEM: Consider and take action on acceptance of a cash donation in the amount of $3,833.46 from Vess Oil Corporation to be utilized by Road and Bridge for safety operations and maintenance of Lottie Roth Road. Site is located in Precinct 2. SOURCE OF FUNDS: N/A NOTES: SUBMITTED BY: R. Alan Munger, County Engineer APPROVED BY: Sdn2p5rCataXha Commissio er, Precinct 2 This Request is [� OVED [ ] by Commissioners' Court E. Duane Peters, County Judge ate Vol. 214 Pg. Z..3 BRAZOS COUNTY, TEXAS ACCEPTANCE OF DONATEDIAWARDED PROPERTY DONATION OF COUNTY PROPERTY Opyr Date: 12/312014 aAcceptance of Donated/Awarded Property 0 Donation of County Property (Awarded property requires signed court documentation) Item Description: $3833.46 Cash donation 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: Model: Year: SN/VIN #: Functional Non- Functional. Explain ifNon- Functional Additional Description/Information: $383346 cash donation to go toward safety operations and maintenance of Lottie Roth Road #R2-127 WO# 33279 (AJ Lewis survey, A -154 Brazos County Texas). Estimated Value: El Check box for Capital Asset (value/initial cost is over $5000) Check the appropriate account based on estimated value of property being accepted: 600IMM (No Asset Tag -Under $500) 67010000 (IvImor Property - $500 - $4999) 80010000 (Capital Property - Over $5000) Check the appropriate entity property being donated to: Government Entity: Other (Due to Stamatory requirements prior approval is required by Purchasing: 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 of Commissioners Court based upon such things as usefulness, projected operating, maintenance and insurance costs. Requesting Department: Road & Bridge Department Name AuthorizedSigoa Orgauintion Receiving Donated Property: Authorized Signature Appmv Comm' ners on this �tday of L)V_LM Commissioners Court Approval Vol. 02�`�` P�. �z. VESS OIL CORPORATION November 13, 2014 Brazos County Ann: Kim Hinton 2617 Highway 21 West Bryan, Texas 77803 Re: Donation - Vess Oil Corporation Lottie Roth Road A.J. Lewis Survey, A -154 Brazos County, Texas Dear Brazos County, Please accept the enclosed check in the amount of Three Thousand Eight Hundred Thirty Three Dollars and Forty Six Cents ($3,833.46) as a donation on behalf of Vess Oil Corporation for the safety operations and maintenance of Lottie Roth Road located in the A.J Lewis Survey, A -154, Brazos County, Texas. As always, thank you for your continued support and maintenance of the roads in Brazos County. If you should have any question, please feel free to contact me directly at 214- 306 -5801. Sincerely, Todd Fidler Land Manager -Texas HEADOUARIERS .1700 WATEMONT PKWY • BUILDING 500 . WICHIT A, KS 67206 a (916) 6821557 FAX (916) 686 -8521 DALLAS OFFICE • 2100 MCKMEY AVE • SUrTE 17�50 - DALLAS, TX 75201 •..(214) 9065801 BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT: Road & Bridge MEETING DATE: December 16, 2014 SUBJECT: Temporary Utility Permit — Vess Oil Corporation Consider and take action on the Vess Oil Corporation utility pernrit to install temporary IF aluminum water line under bridge and along right of way of Jack Creek Road and along right of way of Dilly Shaw Tap Road. Project will provide water to oil well location. Site is located in Precinct 2. SUBMITTED BY: Darrell W. Kolwes Right of Way Agent This request is ROVED / D DENIED by Commissioners' Court fin.. Duane Peters, County Judge APPROVED BY: DATE: 1--,7,( l (a ( I 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 Vess Oil Corporation [company name], hereinafter referred to as "Company" a Kansas [state] Corporation, with authority to transact business in Texas, acting by and through its duly authorized representative, and hereby petitions the County Engineer for the right to lay, construct, maintain, repair and/or operate a gas facility under, over, across and/or along certain County Roads as shown on drawings and diagrams attached hereto and said location described as follows: Facility to Cross Road Road Name & Block Number Length of Crossing TYPE OF CONSTRUCTION CHECK ONE Depth Distance Bored Jacked Driven Cased Jack Creek Road 80 feet 30 °51' 15.69" N 96 016'26.91" W 30051'24.14N 96015'48.21 W On Surface 1.15 mile (6,075 feet) Facility to Parallel County Road Within Right- Of-Way Road Name and Block Number From To Depth Distance Dilly Shaw Tap Road & Jack Creek Road 30 °51' 15.69" N 96 016'26.91" W 30051'24.14N 96015'48.21 W On Surface 1.15 mile (6,075 feet) CONSTRUCTION TYPE 10" Diameter Wall Thickness PROJECT WILL LAY TEMPORARY 10" Material Specification Aluminum Maximum Operation Pressure 20 PSI ALUMINUM WATER LINE ALONG RIGHT OF 1tmydnm117i1 "D oxamocameawymmem 40 DAYS. JAN.5 -FEB. 13, 2015. The location and description of the proposed installation and appurtenances must be fully shown on the attached detailed drawings. The Company shall commence actual construction/work in good faith within 60 days from the date of said permit and shall complete said construction /work within 7 working days. (COMPANY MUST FILL lam. If such construction is not begun by the 60`s 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 any z� expense arising in any manner on account of the exercise or attempted exercise by said holder of the aforesaid rights and privileges. Any deviation from these specifications must be approved by Brazos County Engineer's Office or its designated representative. Approval of County Engineer's Office may take as long as two weeks after complete application is received. Applicant agrees to comply with all rules of the County Commissioners and the County Engineer in construction of said installation attached hereto as BRAZOS COUNTY DESIGN STANDARDS AND SAFETY PRECAUTION REQUIREMENTS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY and incorporated herein for reference. In the event Company fails to obtain a permit prior to the installation or does not install utilities in compliance with installation requirements set forth herein (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 jails to comply with any or all of the requirements as set forth herein, the County may take such action as it deems appropriate to compel compliance. The County Engineer further retains the right to revoke this Permit by verbal nodfication to the Applicant/Company. Failure to obtain this permit and/or notify the County Engineer's Office within 24 hours of beginning construction shall constitute grounds for job shutdown. By signing below, I certify that I am authorized to represent the Company listed below, and that the Company agrees to the conditions /provisions included in this permit. Company Name iMtc- n eel s By/ Si (nature ( &VL. I' �A`.r (�A�iS M_`/ ran/ /'>Orc l,'Ii. Titter Address 1pr , , TSc 7 City State Zip Phone Number lM. ' k4 Email: vui �� WATER UTILITY APPROVAL Brazos County offers no objection to the proposed loo /cation of the utility in the County right of way as shown by accompanying drawings and notice dated Id, 4— 14 except as noted below: EXCEPTIONS: OKG (Month/Day/Year) Brazos County Engineer vol. 0 V = F_ 0 x 0 O x N 0 d O rc h 9 tjz x S� d 0 x �_d;_'15 X11 W_ z IL w cc w F- LU U 0 RIGHT-OF-MY f V 0 0 Z O U z 0 CL W r � z 0 Z a O z F- Q V Z � d F Z J Z 0 O v a W 0 � d q r LLJ z W r C] z J $ 0 V Z V O N C~J ate. O > ¢ w °z CO O O J V r Z o � W ►— 0 0 Lu W F 0 Q a elf C? N z 0 0 p V) Z (D d d zJ °- a w Z O O q O V a d Z LLI z LL r N ['7 30 j 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. Safetp 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 Conftol Plan 1. A traffic control plan, pursuant to the TMUTCD or Engineered Traffic Control Plan must be provided for the following: a. Any construction (i.e. pit, excavation, hole) left open overnight, requires specific nighttime traffic control measures pursuant to the TMUTCD; b. If construction is within ten (10) feet of the roadway; or c. Any work performed in the road right -of -way; 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 1' 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 # the annular space between pipe and casing and soil exceeds one (1) inch. Brazos County must be given 24 hours notice of pressure grouting operations and have the opportunity to have an inspector on site to observe pressure grouting operations; ,..3_3_... a 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 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 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 ofutilities 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 Pioeline (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. i i Vol. 9• N g� ilb all a 1$ as all; VNI pl g16P lz; s �Hu 1.w -- -------------------- +roin•a cum CKEN • �°pi�wus .1 Jglxwli C��U n ltDI mVS n, ci,`§liink, s o: VOL pg. w 0 =J S U = � � O - = �s F M u oY 3 s w o a J O x� w o V u c d CL C H U Y K O 3 w J v N O � N w_ r w+ H � pgkp e'r RR�ta9 Xw'S�n ?:�kE R3 °R88�88� iyg 83r•OORB °RR89 lE °8Irn RR9.Rx$ffib� N g� ilb all a 1$ as all; VNI pl g16P lz; s �Hu 1.w -- -------------------- +roin•a cum CKEN • �°pi�wus .1 Jglxwli C��U n ltDI mVS n, ci,`§liink, s o: VOL pg. w 0 =J S U = � � O - = �s F M u oY 3 s w o a J O x� w o V u c d CL C H U Y K O 3 w J v N O � N w_ r w+ H � BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2014 -2015 BUDGET YEAR NO. 14/15 11.1 -11.5 On this the 16th day of December 2014 at a regular meeting of the Commissioners' Court, the following members were present: A. Duane Peters, County Judge, Presiding B. Lloyd Wassermann, Commissioner, Precinct 1 C. Sammy Catalena, Commissioner, Precinct 2 D. Kenny Mallard, Commissioner, Precinct 3 E. Irma Cauley, Commissioner, Precinct 4 F. Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on 16th day of December 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 16th day of December 2014. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. By: Duane Peters, County Judge Original: County Clerk's Office and Attached to the original budget Vol. Pg. 3 Z )f BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 14115 - 11.1 12/18/2014 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 4312 63000910 80100000 DR New Tax Office Building 78 017.79 4312 63000710 59100000 DR DDEA 2,038,012.93 4312 63000710 80101003 CR Bldg. Renov - Court House 2116 030.72 New Tax Office Building and Courthouse Improvement Reallocation of funds to properly adjust for avaliable funds carried over from FY 2014. Less funds were expended for the Tax Office building project than expected at yew end. The Courthouse project expended more than projected at the end of FY 2014. The year end roll over funds for all projects are based on projections provided by contractors. This entry will adjust to actual funds avaliable. Vol. C"I-la pg. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 14/15 -11.2 ion of fonds to properly adjust for evaliable funds carried over from FY 2014. The Courthouse project expended more than at the end of FY 2014. The year end roll over funds for all projects are based on projections provided by contractors. This entry t to actual funds avaliable. �va•� t`y' .7� BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 14115 -11.3 recognize a monetary donation of $500 to purchase Christmas gifts and detention items for the benefit of your housed in the Juvenile Fr g,�� BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 14115 -11.4 12/16/2014 for Constable Pct #2. 44De artmen2 roval + Date a' t�_P�,.,=!!PP_..- __.�..,�.- .:__..._ r [CatYr V,Judge Approval Date i= K of funds to correct 0 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 14115 -11.5 L - - -- i Vol. p9 _ PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: December 16, 2014 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Change Requests Department Submitting Employee Request Action Requested Request(s) Applies To 85th District Court Langley, Jimmy Retirement J. P., Pct 2 -1 Lara - Hooge, Vera Shilling, Carmelita Washington, Johnetta J. P., Pct 2 -2 Clinque, Belinda De Trujillo, Nora Munoz, Tommy Wimberly, Lisa Ybarra, Alysia S.O. — Jail Smith, III, Conrad Approved in Commissioners' Court: Decemb 2014: County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) Retirement Other Other Trans to another dept. Trans to another dept. Trans to another dept. Trans to another dept. Trans to another dept Vol. Pa. / � S Resignation 1 FAM