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2015-03-31 10:00AM REGULAR MEETING
BRAZOSCOUNTY BRYAN,TEXAS NOTICE OF MEETING AND AGENDA L 1015 PAR 21 A N: 21 BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON MARCH 31, 2015 AT 10:00 AM IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVE., SUITE 106, BRYAN, TX 77803 , v - r 1. Invocation and Pledge of Allegiance - U.S. and Texas Flag - Chaplain G.H. Jones and Commissioner Cauley 2. Call for Citizen input and /or concerns. Consider and take action on agenda items 3 - 23: 3. Proclamation 15 -019 declaring May 1st and 2nd as "Relay for Life Days ". 4. Proclamation 15 -020 honorina and recognizing Dr. Mark A Hussey. 5. Appointment of Danielle Sinah to the BVCOO Regional Transportation Planning Committee 6, Reappointment of the following to the City of Bryan & Brazos County Economic Development Foundation; term of appointments are 5/13/2015 thru 5/1212017 • a. Kenny Mallard • b. Mark Carrabba Appointment of the following individual to the Vote Center committee: • a. Duane Peters, County Judge • b. Sammv Catalena, Countv Commissioner, Pct 2 • c Karen McQueen, County Clerk • d. Kristeen Roe, Tax Assessor Collector • e. Jason Povser, Democratic Partv Chairman (or representative • f. Paul Rieger, Republican Party Chairman (or representative) - Pg. A ° % __ • a. Christopher Jaaae Libertarian Party Chairman (or representative) • h. Mary Lynne Stratta, Bryan City Secretary • i. Sherry Mashburn College Station City Secretary • L Tiffany Lee Bryan Independent School District • k. Can Horn, College Station Independent School District • I. Ruth McLeod, Texas Voting Systems • m. Wanda Watson, NAACP • n. Patty Romers, Hispanic Forum • o. Helen Chavarria • P. Steve Milam • g. IT Representative 8, Request from the Information Technology Department for out-of -state travel for Melissa Dee to attend the ServiceNow Knowledge15 training conference in Las Vegas Nevada: dates of travel are April 18 -23, 2015. 9. Approval of the Job Description for the Medical Director /Supervising Physician (Class 0280) for Employee Health & Wellness Clinic & Jail Clinic. 10. Payment Authorization to Napa Auto Parts in the amount of $165.70 for parts for a Facility Services truck; amount of invoice exceeded purchase order. 11. Interlocal Agreement with Texas A &M AariLife Extension Service to provide an annual economic study for FY16 - FY18 for the Brazos County Expo. 12. Discuss and take possible action on a new contract with Nexus Recovery Center in Dallas. Texas, to provide residential services for juveniles. 13. Request from the Information Technology Department for approval of the Professional Services Agreement by and between Computer Information Concepts (CIC) and Brazos County. CIC will assist in migrating the Peopleware software and data for the Tax Office relocation proiect 14. Approval of contract with Matrix Technologies for Security Alarm Monitoring at the new Tax Office location. 15. Consider and take action on the Seismic Survey License Agreement with Vector Seismic Data to area is located in Precinct 1. 16. Consider acceptance of Special Warranty Deed from the JAW Irrevocable Trust dated 5 -14 -2003 for 0.95 acres of land to be used for improvements to Old Reliance Road located In Precinct 2. 17. Consider acceptance of Special Warranty Deed from John A. Winkler and wife. Erna Winkler for 0.02 acres of land to be used for improvements to Old Reliance Road located in Precinct 2. 18. Tax Refund Applications for the following • a. Dlisa & Eric Clouseovemavment-$11.54 • b. K &C Propertiesoverpavment-$32.07 • c. A R Stone Investmentsoveroayment-$25.00 • d. Tsung Chow & Hui- Fangoverpayment -$3152.08 • e. Tsung Chow & Hue- Fan"verpavment43430.91 • f. Cheryl D. Tayloroveroayment-$15.17 • g. Cheryl D. Taylor-overpayment-$26.63 • h. Mary Benavidesoverpayment430.54 19. Budget Amendments. Budaet Amendments FY 14115 26.1 - 26.3 Vol. o% /J' Og. /D - i 20. Personnel Change of Status. Personnel Action Forms 21. Payment of Claims. 22. Convene into Executive Session pursuant to Texas Government Code Section 551.074 to discuss the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the position of Emergency Management Coordinator. 23. Consider and possible action on Executive Session. 24 Acknowledgement of the Brazos County Emergency Services District No 3 Independent Auditors' Report and Financial Statements for the year ended September 30, 20U. 25. Sheriffs report on inmate population. 26. Announcement of interest items and possible future agenda topics. 27. Call for Citizen input and /or concerns. 28. Adjourn. Vol. eZKP9� � PUBLIC COMMENTS Public Comment during the Commission Meeting may be for all matters, both on and off the agenda, and be limited to four minutes per person. Persons are invited to submit comments in writing on the agenda items and /or attend and make comment at the Commission meeting. Members of the public are reminded that the Brazos County Commissioners Court is a Constitutional Court, with both judicial and legislative powers, created under Article V, Section 1 and Section 18 of the Texas Constitution. As a Constitutional Court, the Brazos County Commissioners Court also possesses the power to issue a Contempt of Court Citation under Section 81.024 of the Texas Local Government Code. Accordingly, members of the public in attendance at any Regular, Special and /or Emergency meeting of the Court shall conduct themselves with proper respect and decorum in speaking to, and/or addressing the Court; in participating in pudic discussions before the Court; and in all actions in the presence of the Court. Those members of the public who are inappropriately attired and/or who do not conduct themselves in an orderly and appropriate manner will be ordered to leave the meeting. Refusal to abide by the Court's Order and/or continued disruption of the meeting may result in a Contempt of Court Citation. it is not the intention of the Brazos County Commissioners Court to provide a public forum for the demeaning of any individual or group. Neither is it the intention of the Court to allow a member (or members) of the public to insult the honesty and/or integrity of the Court, as a body, or any member or members of the Court, or County employees, individually or collectively. Accordingly, profane, insulting or threatening language directed toward the Court and /or any person in the Courts presence and /or racial, ethnic or gender slurs or epithets will not be tolerated. Violation of these rules may result in the following sanctions. 1. cancellation of a speaker's time; 2. removal from the Commissioners Court; 3. a Contempt Citation; and/or 4. such other and /or criminal sanctions as may be authorized under the Constitution, Statutes and Codes of the State of Texas. The County Commissioners Court can deliberate or take action only if a matter has been listed on an agenda properly posted prior to the meeting. During the public comment period speakers may address matters not listed on the published agenda. The Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court. However, responses from the County Judge or Commissioners to unlisted public comment topics could become deliberation on a matter without notice to the public. To ensure the public has notice of all matters the Commissioners Court will consider, the County Judge and /or Commissioners may choose not to respond to public comments, except to correct factual inaccuracies, recite existing policy in response to an inquiry or to ask that a matter be listed on a future agenda. See Texas Open Meetings Act 7 551.042. INVOCATION Any invocation that may be offered before the official start of the Court meeting shall be to and for the benefit of the Court The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Court and do not necessarily represent the religious beliefs or views of the Court in part or as a whole. No member of the community is required to attend or participate in the invocation and such decision will have no impact on their right to actively pamcipate in the business of the Court. The Commissioners Courtroom of the County Administration Building, 200 South Texas Ave., Suite 108, Bryan, TX 77803 Is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two working days before the meeting. To make arrangements, please call (979) 381.4102. Vol. BRAZOS COUNTY BRYAN,TEXAS MINUTES March 31, 2015 BRAZOS COUNTY COMMISSIONERS COURT D Signature Paae.0 0 File $tamped ApendapdF 0 Sipn in she .pdf A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Brazos County Commissioners Courtroom in the Administration Building, 200 South Texas Avenue, in Bryan, Brazos County, Texas, beginning at 10:00 a.m. on Tuesday, March 31, 2015 with the following members of the Court present: Duane Peters, County Judge, Presiding; Lloyd Wassermann, Commissioner of Precinct 1; Sammy Catalena, Commissioner of Precinct 2; Kenny Mallard, Commissioner of Precinct 3; Irma Cauley, Commissioner of Precinct 4; Karen McQueen, County Clerk, Absent. The attached sheets contain the names of the citizens and officials that were in attendance. Invocation and Pledge of Allegiance - U.S. and Texas Flag - Chaplain G.H. Jones and Commissioner Cauley Call for Citizen input and /or concerns. There was no citizen's input. Consider and take action on agenda items 3 - 23: 3. Proclamation 15 -019 declaring May 1st and 2nd as "Relay for Life Days ". ED Item 3. Vol. P9. The Court approved a Proclamation designating May 1, 2015 and May 2, 2015 as "Relay for Life Days ". The Court joins with the Mayors of the Cities of Bryan and College Station to urge all citizens to recognize this program presented by the American Cancer Society and to celebrate cancer survivors, caregivers, and remember loved ones lost to the disease. A copy of the proclamation 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. 4. Proclamation 15 -020 honoring and recognizing Dr. Mark A. Hussey. 0-- itm4. The Court joins with the Mayors of the Cities of Bryan and College Station in honoring and recognizing Dr. Mark Hussey and his outstanding service as interim president of Texas A &M University from December 2013 to March 2015. Dr. Hussey's leadership will have a lasting and positive impact on Bryan, College Station, Brazos County and Texas A &M University. A copy of the proclamation is attached. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters . Wassermann. 5. Appointment of Danielle Singh to the BVCOG Regional Transportation Planning Committee. 0 Iten 5. Motion: Approve , Moved by Commissioner Kenny Mallard, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley , Mallard , Peters . Wassermann. 6. Reappointment of the following to the City of Bryan & Brazos County Economic Development Foundation; term of appointments are 5/13/2015 thru 5/12/2017. • a. Kenny Mallard • b. Mark Carrabba U) Item 6. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard , Peters, Wassermann. Appointment of the following individual to the Vote Center committee: • a. Duane Peters, County Judge • b. Sammy Catalena, County Commissioner, Pct. 2 • c. Karen McQueen, County Clerk • d. Kristeen Roe, Tax Assessor Collector • e. Jason Poyser, Democratic Party Chairman (or representative) • f. Paul Rieger, Republican Party Chairman (or representative) • g. Christopher Jagge, Libertarian Party Chairman (or representative) • h. Mary Lynne Stratta, Bryan City Secretary • i. Sherry Mashburn, College Station City Secretary j. Tiffany Lee, Bryan Independent School District k. Cari Horn, College Station Independent School District I. Ruth McLeod, Texas Voting Systems m. Wanda Watson, NAACP Vol. _ �/ pg �/� • n. Patty Romers, Hispanic Forum • o. Helen Chavarria • p. Steve Milam • q. IT Representative 0 Item 7. Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard , Peters , Wassermann. Request from the Information Technology Department for out -of -state travel for Melissa Dee to attend the ServiceNow Knowledge15 training conference in Las Vegas, Nevada, dates of travel are April 18 -23, 2015. 1B lt na. Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley , Mallard , Peters Wassermann. 9. Approval of the Job Description for the Medical Director /Supervising Physician (Class 0280) for Employee Health & Wellness Clinic & Jail Clinic. 0 Iteo9. A copy of the job description is attached. Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley , Mallard , Peters, Wassermann. 10, Payment Authorization to Napa Auto Parts in the amount of $165.70 for parts for a Facility Services truck; amount of invoice exceeded purchase order. 0 Iten 10.odf Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley , Mallard , Peters, Wassermann. 11. Interlocal Agreement with Texas A &M Agril-ife Extension Service to provide an annual economic study for FY16 - FY18 for the Brazos County Expo. 6 Iten 11.odf A copy of the agreement is attached. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters, Wassermann. 12. Discuss and take possible action on a new contract with Nexus Recovery Center in Dallas, Texas, to provide residential services for juveniles. ID Iten 12.odf The term of this contract is twelve (12) months beginning April 1, 2015 and ending March 31, 2016. Vol. IDg. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard, Peters , Wassermann. 13. Request from the Information Technology Department for approval of the Professional Services Agreement by and between Computer Information Concepts (CIC) and Brazos County. CIC will assist in migrating the Peopleware software and data for the Tax Office relocation project. R1 Item 13.pdf Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley , Mallard , Peters , Wassermann. 14. Approval of contract with Matrix Technologies for Security Alarm Monitoring at the new Tax Office location. 2 nem 14.pdf Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley , Mallard , Peters, Wassermann. 15. Consider and take action on the Seismic Survey License Agreement with Vector Seismic Data to conduct seismic surveys in the unincorporated areas of Brazos County for exploration and production of oil and natural gas. All work shall adhere to restrictions as set out in License Agreement. Seismic area is located in Precinct 1. Rh Item 15.odf Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard . Peters . Wassermann. 16. Consider acceptance of Special Warranty Deed from the JAW Irrevocable Trust dated 5 -14- 2003 for 0.95 acres of land to be used for improvements to Old Reliance Road located in Precinct 2. 0 Item 16.pdf Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley , Mallard Peters, Wassermann. 17. Consider acceptance of Special Warranty Deed from John A. Winkler and wife, Erna Winkler for 0.02 acres of land to be used for improvements to Old Reliance Road located in Precinct 2. L-''T Item 17.pdf Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann. 18. Tax Refund Applications for the following: • a. Dlisa & Eric Clouse- overpayment - $11.54 • b. K &C Properties- overpayment - $32.07 • c. A R Stone Investments - overpayment - $25.00 • d. Tsung Chow & Hui - Fang- overpayment - $3152.08 • e. Tsung Chow & Hue - Fang- overpayment - $3430.91 • f. Cheryl D. Taylor- overpayment - $15.17 • g. Cheryl D. Taylor- overpayment - $26.53 Vol. __ / Pg. laj� • h. Mary Benavides- overpayment - $30.54 LED Iten 18.pdf Motion: Approve , Moved by Commissioner Kenny Mallard, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann. 19. Budget Amendments. Budget Amendments FY 14115 26.1 - 26.3 @ Item 19.0df 26.1 Transfer funds from General Fund Contingency to Juvenile Services - Detention. 26.2 Reallocate funds for Constable Precinct 2. 26.3 Reallocate funds for Juvenile Services- Detention. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters, Wassermann. 20. Personnel Change of Status. Personnel Action Forms Iten 20,pdf A copy of the Personnel Change of Status requests is attached. Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner Lloyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley , Mallard , Peters , Wassermann. 21. Payment of Claims. 0 BILL LIST 03.31.15.odf 0 Clai sShe t." 7131220 - 7131420 Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard Peters, Wassermann. 22. Convene into Executive Session pursuant to Texas Government Code Section 551.074 to discuss the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the position of Emergency Management Coordinator. At this point, the County Judge announced the Court would consider items 24 through 27 then return to convene into Executive Session. Having considered the previously noted agenda items, at 10:12 a.m. the County Judge stated that the Court would convene into Executive Session to deliberate pursuant to Section 551.074. The following individuals were asked to stay for the meeting: Jennifer Salazar, Human Resources Director Candy Gallego, Executive Assistant Bill Ballard, Civil Counsel 23. Consider and possible action on Executive Session. At 10:21 a.m. the County Judge opened the meeting to the public and announced that no action would be taken on the Closed Executive Session. 24. Acknowledgement of the Brazos County Emergency Services District No. 3 Independent Auditors' Report and Financial Statements for the year ended September 30, 2014. 0 Item 24 f The Court acknowledged the Brazos County Emergency Services District No. 3 report. 25. Sheriffs report on inmate population. Jail Administrator, Wayne Dicky stated there were 608 inmates in jail, 47 have electronic monitors and 7 are pending for monitors. 26. Announcement of interest items and possible future agenda topics. There were no announcements. 27. Call for Citizen input and/or concerns. There was no citizen's input. 28. Adjourn. The foregoing minutes of the Commissioners Court meeting held March 31, 2015 have been examined and are approved in open Court this j`Y+h day of 2015, in Bryan, Brazos County, Texas. County Judge Commissioner, Precinct 1 1 //-S� Sa&my CaVena Commissi er, Precinct 2 Commissioner, Attest: Kenny Mall Commissioner, Precinct 3 County Clerk Pg -L of 1 BRAZOSCOUNTY COMMISSIONER'S COURT DAY O /6- 00 Name (PLEASE PRINT) �. 1 4 WOA _ O LO uJ"(01 20 /5- Organization (PLEASE PRINT) n ,6X /) �3u���� V- vol. Pg �- of BRAZOS COUNTY COMMISSIONER'S COURT DAY OF , 20 (E 10 , �OL2--&;m Name 7.'111 d � Organization (PL SE PRINT) al C.c.s 5 C-1, C 3 A . RELAY FOR LIFE e American Cancer Society Relay For Life Proclamation for Brazos County WHEREAS: the Relay For Life program is the signature activity of the American Cancer Society and celebrates cancer survivors and caregivers, remembers loved ones lost to the disease, and empowers individuals and communities to fight back against cancer; and WHEREAS: money raised during Relay For Life of Brazos County supports the American Cancer Society's mission of saving lives by helping people stay well and get well, by finding cures, and by fighting back; and WHEREAS: Relay For Life events helped fund more than $177.5 million in cancer research last year; NOW, THEREFORE, BE IT RESOLVED, that I, Jason P. Bienski, as Mayor of the City of Bryan, Texas, and I, Nancy Berry, Mayor of College Station, Texas, and I, Duane Peters, Brazos County Judge affirm that acting on behalf of our respective city councils and commissioners court do hereby proclaim May I" and 2 "d, 2015 as, "RELAY FOR LIFE DAYS" in Bryan- College Station and encourage citizens to help finish the fight against cancer by participating in the Relay For Life event at Coulter Airfield in Bryan on May I' and 2nd. CITY OF BRYAN CITY OF COLLEGE STATION BRAZOS COUNTY Jason P. Bienski, Mayor Nancy Berry, Mayoi P9 . aa� ;1Z WHEREAS: Dr. Mark A. Hussey served as interim president of Texas A &M University with honor, distinction and integrity from December 2013 to March 2015; and, WHEREAS: Dr. Hussey's outreach to our local communities will have a lasting and positive impact on Bryan, College Station and Brazos County; and, WHEREAS: Dr. Hussey actively pursued productive engagement with local governments on a wide range of issues, including transportation, facilities development and public safety; and, WHEREAS: Dr. Hussey assumed a leadership role in forging meaningful partnerships with local government agencies that will produce dividends for decades to come; and, WHEREAS: Dr. Hussey exhibited a forward - thinking commitment to help local governments and communities address our common challenges; and, WHEREAS: Dr. Hussey has served as a world -class ambassador for not only Texas A &M, but also for Bryan, College Station and Brazos County. NOW, THEREFORE, WE, Jason Bienski, as mayor of Bryan; Nancy Berry, as mayor of College Station; and Duane Peters, as Brazos County judge; and acting on behalf of our respective city councils and the county commissioners court, do hereby honor and recognize: CITY OF BRYAN Jason P. Bienski, Mayor DR. MARK A. HUSSEY CITY OF COLLEGE STATION B AZOS N Nancy Berry, Mayor Duane Peters, County Judge IV ol. KX Pg. ��3 n n Brazos County Job Description Last Updated: April 15, 2014 Template ReWsbn 1,2 (StISM12 Cuss Number: 0280 Title: Medical Director /Supervising Physician Pay Group: N/A Department: Employee Health & Wellness Clinic & Jail Clinic FLSA Status: Exempt Reports To: Commissioner Court or their designated Administrator and the Sheriff or his designated Administrator Approved Date: 04/1512014 EEOC Category: Professionals -- .. -- - -- - - -- General Summary_ Provides professional medical services to complement the delivery of primary health care services at Brazos County Correctional Health Facility. Provides clinical leadership and supervision of midlevel providers and medical support staff. Works closely with the Jail Administrator. Provides the final medical decisions for patient care after considering the opinions of all those who care for said patients. Directs, oversees and participates in all clinical, research and administrative operations of a wellness, and health clinic. Oversees staff and provides continuity of operations consistent with approved protocols, policies and best practices in the areas of wellness and health education, health screening, disease management and acute care. Provides professional medical services by serving as a Primary Physician in the clinic. Provides value -based health care based with compassion and the medical standards of care. Essential Duties: ' e Directs, plans, organizes, implements, monitors and evaluates the strategic and day to day clinic operations and provides leadership and guidance for physicians and other staff to ensure consistency with established medical and administrative protocols, approved policies and best practices toward the goals, objectives and mission of the clinic. Ensures compliance with State, Federal and Local laws and guidelines, and best practices. e Oversees and provides clinical health and wellness services to promote prevention, early disease detection and disease management through health screenings, physical exams, and prevention programs through health education and hands on ! disease management. Functions as both a medical consultant to clinical staff and a direct care provider of clinic services for clients. . Works closely with the Jail Administrator and the Employee Clinic Administrator to provide leadership and medical direction for the clinics. e Participates in and oversees administrative decision- making and the development of policies, practices and procedures related to clinic operations. Oversees and assists with recruitment, selection, training, performance evaluation and disciplinary actions. Seeks and creates opportunities for improved performance, learning and development of staff and identifies and addresses problems or conflicts. Directs, assists with and reviews development of medical protocols, formularies, standardized policies, procedures and practices consistent with clinical standards and best practices of similar facilities. Oversees and approves selection of medical diagnostic and treatment tools and equipment. Monitors activities for quality control and quality improvement. e Conducts, directs and analyzes research related to evidence -based medicine to develop best practices in treatment of health plan cost drivers. Compiles statistics and writes related reports on findings, client demographics, cost drivers and trends. Solicits grants consistent with clinic goals and objectives. . Directs and coordinates disease prevention and management programs and other health and wellness activities with clinical staff, clients and insurance and other providers to facilitate client health and wellness and organizational cost containment. Documents and reports results. Directs and participates in health screenings. Plans, implements and participates in client education to promote behavioral changes in lifestyle. . Recommends and assists with development of clinic performance goals and ensures alignment with overall mission, goals and objectives. Assesses priorities and oversees and responds to acute care, emergent and overall clinic goals. Assists in evaluation of clinic programs, services and practices on an ongoing basis. . Assists in preparation of and monitors clinic budget and expenditures. Ensures expenditures are consistent with mission. Establishes internal control procedures for budget related activities. . Facilitates communication among medical and other staff, clients, Elected and Appointed Officials and department heads and others. Represents the clinic and serves as a liaison for local, regional and statewide committees and task forces, advisory groups and the general public. May serve as spokesperson to media and outside agencies. e Examines clinic operations for effectiveness and efficiency. Provides information on oost/benefit ratios of clinic operations. Evaluates ongoing programs to ensure effective and efficient delivery of services. e Establishes on -call schedule with Jail Administrator e Provide consultative services to the Justice of the Peace as requested as an aide to autopsy determination. . Provides Medical Direction for the Tactical Emergency Medical Service, (TEMS) assigned to the Sherriff Emergency Response Group (SERG). Works closely with the TEMS team leader to develop protocols, policies, procedures, and treatments that are ___provtded by the medical team in the performance of trauma and emergent' pre - hospital care for the TEMS unit. Vol. - - -- - - - Su ervision -- .- ......_.......- - - - - -- - - - - -- Received: From Commissioner's Court or their designated Administrator and the Sheriff or his designated Administrator Given: To all staff of Employee Health & Wellness Clinic & Jail Clinic Educadon & Ex �edence — - - - -- – - - - -- Typical: Required: Graduation from an accredited school of medicine with a degree as a medical doctor AND five (5) lift/carry up to 100 pounds occasionally, visual acuity, speech and hearing, hand and eye years of directly related, increasingly responsible experience as a physician, including at least two coordination and manual dexterity necessary to operate medical equipment, a computer and office (2) years of mid- to senior level management experience in an administrative medical outpatient equipment. Subject to standing, walking, sitting, repetitive motion, reaching, climbing stairs, primary care setting. Experience in direct patient care in an outpatient primary care setting. bending, clienUcustomer /patient contact, stooping, kneeling, crouching, crawling, pushing, pulling, Experience in supervising mid - levels (NPs and /or PAs); balancing, clienUcustomer contact, squatting to perform the essential functions. Subject to contact OR, with communicable diseases, radiation, hazardous waste, bodily human fluids (Including, but not Any combination of education and experience that has been achieved and is equivalent to the limited to: saliva, mucus, urine, blood, serum, pus, cerebrospinal fluid, vaginallpenile fluids, breast stated education and experience and required knowledge, skills, and abilities sufficient to ;emissions includin milk _human fecal matter and foul odors___ sucoessfullyperform the duties and responsibili tiesofthisjob. Preferred: Board Certified in specialty preferred intemist, emergency room or occupational medicine. • Business letter writing, grammar and punctuation, and report preparation. Experience in Public Health. Experience in the finances and accounting of a medical practice. Ph sical Demands — - - - -- – - - - -- Typical: Physical requirements include ability to lift/carry minimum of 35 pounds, and may be required to lift/carry up to 100 pounds occasionally, visual acuity, speech and hearing, hand and eye coordination and manual dexterity necessary to operate medical equipment, a computer and office equipment. Subject to standing, walking, sitting, repetitive motion, reaching, climbing stairs, bending, clienUcustomer /patient contact, stooping, kneeling, crouching, crawling, pushing, pulling, balancing, clienUcustomer contact, squatting to perform the essential functions. Subject to contact with communicable diseases, radiation, hazardous waste, bodily human fluids (Including, but not limited to: saliva, mucus, urine, blood, serum, pus, cerebrospinal fluid, vaginallpenile fluids, breast _, _ _ ;emissions includin milk _human fecal matter and foul odors___ — - -- --- ----- -- Knowl Skills 8Abifts — - - - -- – - - - -- Typical: Knowledge of: • Management and supervisory principles, practices and techniques. • Methods, procedures, rules, and regulations in the field commensurate with a board certified Physician practicing in the State of Texas. • Policies, practices, procedures and terminology of assigned function. Federal, State, Local and County applicable laws, rules, regulations and applicable professional health care standards and procedures. • Accounting, purchasing and budgetary theory, principles and practices. • Computer equipment to include word processing, spreadsheets, databases and a variety of software packages. • Business letter writing, grammar and punctuation, and report preparation. Skill in: Diagnosing and treating patients. Using medical equipment utilized in area of assignment. • Managing others, including team building. • Explaining complicated technical medical problems in simple non - technical language. • Problem - solving, decision- making and strategic - planning. • Both verbal and written communication. Vol. °2___ / p9, • Direct, motivate, train, develop and evaluate staff. • Develop and recommend program initiatives. • Utilize effective problem solving, build a sense of team and manage teams. • Communicate effectively. • Work efficiently both independently and as part of a medical team. • Plan, assign, supervise and review the work of subordinates. • Reason and make judgments and decisions. • Manage time well and perform multiple tasks, and organize diverse activities. • Perform in a stressful environment, while maintaining a professional manner. • Research, compile, analyze, interpret and prepare a variety of statistical and other reports. • Establish and maintain effective working relationships with clients, medical and other County employees and officials, representatives of outside agencies, and the general uane Peters Date County Judge Vol. -0161' P9. 01-111 Interlocal Agreement Brazos County ( "Sponsor"), and Texas A &M AgriLife Extension Service ( "AgriLife ") a member of the Texas A &M University System ( "TAMUS "), an agency of the State of Texas, collectively referred to as "Parties" and individually as "Party." agree as follows: 1. For purposes of this Agreement, "Service Project" means the service project described in Exhibit A, attached to and made part of this Agreement. AgriLife will use reasonable efforts to perform the Service Project substantially according to the terms of this Agreement promptly after the effective date of this Agreement. Rebekka Oudensino ( "PI "), or successor(s) named by AgriLife will direct the Service Project on behalf of AgriLife. The Sponsor acknowledges that AgriLife's primary mission is to improve the lives of people, businesses, and communities across Texas and beyond through high - quality, relevant education, and AgriLife will design the Service Project to carry out that mission. Except as may be provided in the "Other Provisions" section below, AgriLife will solely determine the content and manner of performance of the Service Project. AgriLife does not guarantee specific results. A plan of work in Exhibit A is attached and forms a part of this Agreement. 2. The Sponsor will provide a Fixed Price amount not to exceed $15,900 to be used by AgriLife to support the Service Project. This amount will be paid in annual installments of $5,300 each. The first installment is due and payable October 151h, 2015, and the remaining annual installments will be due and payable October 151h of the remaining agreement years. Checks should be made to Texas A &M AgriLife Extension Service and forwarded to the address designated in Article 3. Checks made payable to Texas A &M University or other members of The Texas A &M University System are non- negotiable for AgriLife and may need to be returned to the Sponsor for reissue. 3. Formal notices provided under this Agreement must be in writing and delivered by (i) certified mail, return receipt requested; (ii) hand delivery; (iii) facsimile with receipt of a successful transmission confirmation; (iv) email; or (v) delivery by a reputable overnight courier service (in the case of delivery by facsimile or email the notice must be followed immediately by a copy of the notice being delivered by a means provided in (i), (ii), or (v)). The notice will be deemed given on the day the notice is received. In the case of notice by facsimile or email, the notice is deemed received at the local time of the receiving machine, and if not received, then the date the follow -up copy is received. Notices must be delivered to the following addresses or at such other addresses as may be later designated in writing. Page 1 of 6 Vol. Pg. ��� Sponsor: Brazos County Exposition Complex and Brazos Valley Fair & Expo Thomas A. Quarles General Manager 5827 Leonard Road Bryan, TX 77807 E -mail: tquarles @brazoscountyexpo.com Phone: 979 -821 -1404 or 979-823-3976 Fax: 979-8323-1912 AgriLife: Texas A &M AgriLife Extension Service: Jane Zuber Director, Contracts & Grants Sponsored Research Services 400 Harvey Mitchell Pkwy South, Suite 300 College Station, TX 77845 -4321 E -mail: awards @tamus.edu Phone: 979 -845 -8615 Fax: 979- 862 -3250 4. AgriLife will retain the funds in a restricted, specific account and expend them as needed to accomplish the Service Project objectives. It is specifically understood that funds provided for the Service Project by the Sponsor are restricted in the interest of carrying out the Service Project and are not necessarily limited to the restrictions placed on general income as to expenditures for materials, supplies, equipment or other operating expense. Any unexpended balance, unused supplies, or equipment remaining at the completion of the Service Project shall remain in the name of and become the sole property of AgriLife unless otherwise provided in the "Other Provisions" section below. 5. The funds will be administered through the AgriLife protocol applicable for the Service Project PI. Performance of the plan of work will be conducted under the direct supervision of the Service Project PI or successor(s). 6. Reports- Deliverables AgriLife agrees to submit the following reports /deliverables to Sponsor: ReportlDeliverable Due Date FY 2015 Annual Report January 15, 2016 Page 2 of 6 Vol. Pg.'s f FY 2016 Annual Report January 15, 2017 FY 2017 Annual Report January 15, 2018 7. AgriLife shall have the right to make public or publish Service Project results as it may consider desirable. AgriLife shall furnish to Sponsor a complete copy of materials to be published and give Sponsor sixty (60) days to review such materials for patentable subject matter. Sponsor agrees to review such publication materials within the sixty (60) day period and notify AgriLife of any objections to any portions of such materials which may prejudice or jeopardize potential patent rights of Sponsor. AgriLife agrees to defer publishing any portions of said materials to the extent necessary for Sponsor to protect its patent rights elected for pursuit under Section A, but in no event shall AgriLife be obligated to defer publication for more than six (6) months after receipt from Sponsor of its objections to the Publications. Acknowledgement of support received from the Sponsor will be made in any published results as desired by the Sponsor. 8. Sponsor may not indicate, directly or indirectly, any endorsement by AgriLife, TAMUS, or any other member of TAMUS, of any products or services of Sponsor for any reason, without obtaining the express, prior written consent of AgriLife. Sponsor may not use the name of AgriLife, TAMUS, or any other member of TAMUS, nor the names of any of their employees nor any adaptation in any advertising, promotional or sales literature without prior written consent obtained from AgriLife in each case. 9. AgriLife retains all intellectual property rights created by AgriLife employees during the course of the performance of the Service Project, including but not limited to all copyrights in and to materials produced for or as a result of the Service Project. AgriLife grants Sponsor an irrevocable, royalty -free, non - transferable, nonexclusive right and license to use, reproduce, display and perform any copyrightable materials produced for or as a result of the Service Project. 10. This Agreement shall be effective as of October 1. 2015 and shall terminate September 30 2018 but may be renewed annually or otherwise modified or revised upon the written consent of both parties. Sponsor may terminate this Agreement upon 60 days written notice to AgriLife. AgriLife may terminate this Agreement if circumstances beyond its reasonable control preclude continuation of the Service Project. Upon early termination of this Agreement, AgriLife must provide a final financial report of expenditures to Sponsor and return any unexpended or uncommitted funds, excluding amounts necessary to discharge uncancellable obligations, including but not limited to salaries of student workers. Page 3 of 6 ,101. pg. 57 11. In additions to the termination right above, either party may terminate this Agreement effective upon written notice to the other if the other breaches any of the terms and conditions of this Agreement and fails to cure that breach within 30 days after receiving written notice of the breach. In the event of an incurable breach, the non - breaching party may terminate this Agreement effective immediately upon written notice to the breaching party. 12. Each party must excuse any breach of this Agreement by the other which is proximately caused by government regulation, war, strike, act of God, or other similar circumstance normally deemed outside the control of well- managed businesses. 13. AgriLife makes no warranties, express or implied, as to any matter, including, without limitation, warranties as to the conduct, completion, success, or particular results of the Service Project, or the condition, ownership, merchantability, or fitness for a particular purpose of the Service Project or any materials produced for or as a result of the Service Project. 14. At all times during and after termination of this Agreement, Sponsor must indemnify, defend, and hold harmless AgriLife, its regents, officers, and employees against any claim, proceeding, demand, liability, or expense (including legal expenses and reasonable attorneys' fees) which relates to injury to persons or property or against any other claim, proceeding, demand, expenses, and liability of any kind resulting arising from the negligence or willful misconduct of Sponsor, its officers, employees, contractors, or agents and related to the Service Project or materials produced for or as a result of Service Project. 15. The parties must make every reasonable attempt to resolve in an amicable manner all disputes concerning the interpretation of this Agreement. Sponsor must use the dispute resolution process provided in Chapter 2260, Texas Government Code, and the related rules adopted by the Texas Attorney General to attempt to resolve any claim for breach of contract made by Sponsor that cannot otherwise be resolved. Sponsor must submit written notice of a claim of breach of contract under this Chapter to the Director, who will examine Sponsor's claim and any counterclaim and negotiate with Sponsor in an effort to resolve the claim. 16. The laws of the State of Texas govern and determine the validity of this Agreement and all matters related to this Agreement, including but not limited to matters of performance, non- performance, breach, remedies, procedures, rights, duties, and interpretation or construction. Page 4 of 6 Pig.a'� 17. This Agreement does not create a partnership orjoint venture between the Sponsor and AgriLife. Neither party has any right to obligate or bind the other in any manner. 18. If any provision or provisions of this Agreement is held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected or impaired. 19. AgriLife is an agency of the State of Texas and nothing in this Agreement waives or relinquishes AgdLife's right to claim any exemptions, privileges, and immunities as may be provided by law. 20. This Agreement contains the entire understanding of the parties with respect to the matters contained in this Agreement, and supersedes all other written and oral agreements between the parties as to those matters. The parties may execute other contracts, but those will not change or alter this Agreement unless expressly stated in writing. 21. This Agreement may be executed in any number of counterparts, including facsimile or scanned PDF documents. Each such counterpart, facsimile, or scanned PDF document shall be deemed an original instrument, and all of which, together, shall constitute one and the same executed Agreement. 22. Other Provisions Page S of 8 ------ - - - - -- - Voi. �/ 'g. a K- IN WITNESS WHEREOF this Agreement has been executed by the Parties and on the dates hereto: For Brazos County ( "Sponsor ") By � l Name: /D�,.,L�l�G1t12 P(� Title: C�I,Lt,r)+ 6kd qy Date: 31,311115 For Texas A &M AgriLife Extension Service ( "AgriLife ") By: V Jane Zubir & Director, Contracts & Grants Texas A &M University System Page 6 of 6 F_... � � �_ Pg. �3� Exhibit A Scope of Work Texas AgriLife Extension Service TEXAS A& L Scope of Work for the Brazos County GRI LIFE Expo Complex 2 /I6 /15 EXTENSION Economic Impacts of the Brazos County Expo Complex Principal Investigator: Rebekka Dudensing Assistant Professor and Extension Economist- Community Economic Development 2124 TAMU, Department ofAgricultural Economics, College Station, TX 77843 -2124 Tel. (979) 845 -1719, Fax. (979) 847 -9378, rmdudensing @ag.tamu.edu Statement of Services: AgriLife Extension will produce a county -level impact model to estimate the economic impacts of The Brazos County Expo Complex. The impact analysis will focus on the economic outcomes of the proposed center on county level: Output (gross sales) Value -added (contribution to GDP) Employment • Labor income • Local sales and hotel taxes. Materials and surveyor training are provided by the principal investigator (PI) as described in the Deliverables section of this proposal. Expo Complex staff and volunteers will do the in- person surveying of Expo event participants and attendees. The PI will provide technical support throughout the process. The PI is also responsible for the scanning of surveys, data analysis, and creation of written impact reports. Methodology and Data Requirements: The Expo will obtain volunteers or task staff to randomly survey event attendees and participants. The Expo staff is familiar with surveying procedures, but to ensure respect for human subjects, the PI will provide the Expo with written and video instructions on surveying to be given to and read by surveyors, who will sign a statement provided by the PI verifying that they understand the protocol and agree to abide by it. The PI will also provide a generic questionnaire template approved by the IRB for the Expo's data collection purposes and a business card template (contact card) stating the purpose of the survey and referring questions to the Expo survey coordinator, PI, and TAMUS IRB contacts. The Expo volunteers will conduct the surveys for tabulation. Surveys will be conducted randomly with volunteers intercepting every nth person (determined based on event size). VII. _ pg. _ av� Surveyors will read the introductory paragraph describing the purpose of the study, asking the client to participate, and stating that participation indicates consent but participants may discontinue participation at any time. Volunteers will be instructed to survey only adults (over age 18) and not to pressure any individual to take the survey. Refusals will be tallied, as will intercepts who have already completed the questionnaire for that event. Surveyors should verbally ask the questions on the survey and, when possible write the responses themselves. Surveyors will offer all potential participants a contact card and thank all participants or refusing individuals for their time. Expo staff will review the completed questionnaires for their ability to be read and scanned. They will then deliver the completed questionnaires to the PI. The questionnaires may be scanned by the Organizational Development (OD) unit of AgriLife Extension. The OD unit will send the PI a data spreadsheet with one questionnaire per line. The PI will review the spreadsheet for accuracy, using the original questionnaires for validation. Alternately, the data may be entered into a spreadsheet by the PI or a student worker, with data then reviewed by the Pl. Data collected electronically using Qualtrics will be moved into the dataset by the PI. The PI will then calculate Expo volume and spending by class of survey respondent (e.g., local and non- local) from the data. Each dollar spent in the county (for example, through non - residents' expenditures associated with concerts or sporting events) generates additional spending through the indirect (input purchases) and induced (household purchases) effects of the supply chain. Thus, the total effect of nonlocal expenditures in the region is greater than the initial dollar spent. Event - related expenditures by county residents also contribute to the economy but must be addressed carefully because residents are more likely to make trade -offs between entertainment choices within the county. Non - residents, on the other hand, bring new money to the local economy. The economic impacts of visitor spending calculated from the data will be modeled using IMPLAN.1 Written report(s) of results will be provided to the Expo Center as described in the Deliverables section of this proposal. Approximate Timeline: The contract period runs from March 1, 2015 through February 28, 2018. The annual report, based on the county's fiscal year (Oct 1 -Sept 30), will be delivered as soon as possible following the end of each fiscal year, after all completed questionnaires are submitted to the PI. Six weeks should be expected for the analysis and creation of update briefs, allowing reasonable time for data entry and analysis. Project Deliverables: AgriLife Extension will provide a written annual report documenting the estimated impacts of the Expo Complex on the Brazos County economy and up to two update briefs for policy purposes or to highlight major events. Update briefs are created at the request of the client. I Minnesota IMPLAN Group. 2015. IMPLAN Version 3. Hudson, WI. Vol. The annual report will include • Complete graphic and text explanation of annual event volume, spending, and impacts. • Two -page executive summary that can be used as a stand -alone report. • Appendix detailing survey and analysis methods. • Template for the venue to include stories or visitor quotations should they choose to do so. Update briefs will include • Four -page graphic depiction of spending and impacts for the specified time period or event. • Short descriptions of methods with a link to the full methodology online. Other materials provided as part of the contract include • Customized scannable survey template. • Contact card template. • Staff/volunteer surveyor training video and written survey instruction/protocol. • Survey script for staff and volunteers. • Template for staff/volunteer statement verifying that surveyors understand and agree to follow the survey protocol. • Access to electronic surveys via Qualtrics. Vol. _ a�� Pg. �`' CONTRACT AND AGREEMENT FOR SECURE, RESIDENTIAL, POST - ADJUDICATION TREATMENT SERVICES FOR ADJUDICATED JUVENILE OFFENDERS This Agreement is entered into by and between Brazos County Juvenile Services Department ( "Contracting County") and Nexus Recovery Center ( "Service Provider "), a Dallas non - profit specializing in substance abuse services for females; licensed by the Texas Department of State Health Services. ARTICLE 1 PURPOSE 1.01 The purpose of this Residential Services Agreement is to provide Contracting County with short and long term residential care for female youth adjudicated for having committed delinquent conduct or conduct indicating a need for supervision. The placement Facility to be utilized is leased and operated by Service Provider, and is located at 8733 La Prada Drive Dallas, TX 75228. ARTICLE lI TERM 2.01 The term of this agreement is for 12 months, commencing April 1, 2015 and ending March 31, 2016. ARTICLE III SERVICES 3.01 Service Provider will provide the following level of care services: An Adolescent Residential program based on the 12 steps and addressing issues such as anger management, decision - making, healthy relationships and socialization, relapse prevention, physical Fitness, and life skills training. The facility accepts pregnant girls, as well as youth with newborns. Adolescent residential clients live in a dormitory on the La Prada campus and are responsible for maintaining their living environment. The girls attend school on campus five days a week, six hours per day. The Dallas Independent School District provides Nexus with two accredited teachers for the classroom. Enrichment activities are offered during the summer months. 3.02 Service Provider will also provide /perform the following services: A. Provide basic residential services, including: standard supervision by qualified adults, food and snacks, recreation, personal Hygiene items, hair cuts, transportation, school supplies, room, (rent, utilities, maintenance, telephone), as agreed by Contracting County. B. Ensure that the child's parents) or legal guardian(s) and Contracting County are notified if a child in placement makes an unauthorized departure, becomes seriously ill, or is involved in a serious accident. The Probation Officer and parents will be informed immediately, if during working hours. After normal working hours, every effort will be Nexus aecovery Center 2015 2016 ` Page 1 of 10 �� el /� made to notify Contracting County and the parents. In the event of serious illness or accident and for any required follow -up care, Service Provider shall be responsible for having the child transported to the nearest hospital or emergency care facility. C. Provide to the Contracting County Department a written Individualized Treatment/Case Plan developed in concert with the client and mutually agreed upon by the appropriate Service Provider staff and the Probation Officer within thirty (30) days of placement. Said individualized Treatment/Case Plan shall include measurement of progress towards goals in the Plan. The Individualized Treatment/Case Plan shall contain the reasons why the placement may benefit the client; shall specify behavioral goals and objectives being sought for each client; shall state how the goals and objectives are to be achieved in the placement; shall state how the parent(s), guardian(s), and, where possible, grandparents and other extended family members will be involved in the program plan to assist in preventing controlling the child's objectionable behavior. D. Initiate and document meetings to review the Individualized Treatment/Case Plan with the child and the assigned Residential Services Probation Officer at reasonable intervals, not to exceed thirty (30) days, to assess the child's progress toward meeting goals set forth, making modifications when necessary, and determining the need for continued placement outside of the child's natural home. E. Maintain copies of the original Individualized Treatment/Case Plan and the periodic reviews. F. Provide Brazos County Juvenile Services with a written report of the child's progress at reasonable intervals, not to exceed thirty (30) days, or on a more frequent basis, as needed. Proeress reports will be sent to Brazos County on a monthly basis. G. Document and maintain records pertaining to the number and type of investigations made by the Department of Family and Protective Services, the Department of Juvenile Justice, any law enforcement agency, or any other investigative agency. Such records shall be immediately made available to the Contracting County upon request. H. Any and all medical /psychiatric treatment and medication required to meet the needs of the child, as well as other pre- approved expenses not provided for in the Service Provider's program, shall be the sole responsibility of the said child's parent(s), guardian(s), court ordered appointed conservator or Contracting County; however, in no case shall a child be denied any needed medical /psychiatric treatment due to the inability to pay. 1. Provide and document off - campus visits or furloughs upon request; however, tile costs associated with off- campus visits or furloughs will be paid by the parent, guardian, or Contracting County. J. In accordance with §29.012(b)(1) of the Texas Public Education Code, as a condition of this contract for residential services, Service Provider shall notify the school district in which the facility is located no later than the third day after the date a child is placed in the facility. ARTICLE IV COMPENSATION 4.01 For and in consideration of the above - mentioned services, Contracting County agrees to pay the Service Provider the sum of $180.00 per day for each child. The daily rate shall be paid to the Service Provider for each day a child is in residential placement pursuant to billing and paying procedures agreed upon by Service Provider and Contracting County. Payment is due within 30 days of receipt of billing. Nexus Recovery Center 70152016 t� Q� _ L Page Z of 10 4.02 Psychiatric services will be provided to the child on an as needed basis. The Contracting County shall provide a written psychological or psychiatric evaluation. If the battery of tests included in the evaluation is older than six (6) months prior to admission, a clinical interview performed within six (6) months prior to admission shall be submitted with an updated diagnosis and prognosis. 4.03 Service Provider will submit an invoice for payment of services to the Contracting County on a monthly basis. Said invoice shall be submitted with ten (10) working days following the end of the invoiced month and shall include information deemed necessary for adequate fiscal control, including but not limited to: to be attributed to specific clients if appropriate, date service was rendered, total daily cost, and total monthly cost. Each invoice received for payment will be reviewed by Contracting County in order to monitor Service Provider for financial compliance with this Agreement. Invoices submitted by Service Provider in proper form shall be paid by Contracting County in a timely manner. 4.04 Contracting County shall be responsible for all of the juvenile's medical expenses, including prescription medication. Contracting County may make arrangements directly with vendors for the provision of, and payment for, routine medical expenses, including without limitation, hospitalization and dental, for Post- Adjudication program juveniles, or can authorize in writing Service Provider to do so on behalf of Contracting County at Contracting County's expense. 4.05 If an emergency examination, EMS treatment, health care treatment, and /or hospitalization outside the Facility ( "Outside Treatment ") are required for a child placed in the Facility, the Administrator of the Facility is authorized to secure the Outside Treatment at the expense of the Contracting County. The Administrator shall notify Contracting County of Outside Treatment within twenty-four (24) hours of its occurrence. 4.06 If during the course of residential treatment, the Contracting County determines that a part of the youth's treatment program should include time away from the residential setting of the Service Provider, such as weekends and holidays, prior to the completion of the youth's treatment and return home, and wishes that the youth return to the residential setting after a period away from the residential setting, the Contracting County shall request the Service Provider to retain space for the youth until his return. To this end, the Contracting County agrees to pay Service Provider the full amount due for such regularly scheduled days away from the residential setting or its program, provided they do not exceed ten (10) days per client and that prior approval has been obtained by the Contracting County. Furloughs will not be authorized for the first ninety (90) days of placement, or until the completion of the first Individualized Program Plan Review, whichever comes first, except in only highly unusual situations. 4.07 The Service Provider is under no obligation to retain space for the juvenile in an unauthorized deparure situation; however, in no event shall the Contracting County pay for the days when the juvenile was absent without authorization, but no space in the program was retained for such absent client(s) by the Service Provider. The County must be informed in writing if and for how long the Service Provider intends to retain space for such an absent client, and the County may decline in writing all or part of the period for which the Service Provider intends to retain the space. 4.08 Service Provider shall account separately for the receipt and expenditure of any and all stale funds received from Contracting County under this contract. Service Provider shall account separately for state funds received and expended utilizing Generally Accepted Accounting Nexus Recovery Center 2015 -2016 Page 3 of 30 Vol. Practices (GAAP). Upon request Service Provider will provide Contracting County with a copy of its most recent financial audit. 4.09 It is understood and agreed by Service Provider that this Agreement is funded in whole or in part with grant or state funds and shall be subject to termination without penalty, either in whole or in part, if funds are not available or are not appropriated by the Texas Legislature. 4.10 In the event that State Reimbursement Rates are increased during the duration of the terms of this contract, the new rates will become effective reflecting those of the increase. 4.11 Service Provider agrees to make claims for payment or direct any payment disputes to Contracting County's Fiscal Officer. Service Provider will not contact other department employees regarding any claims of payment. 4.12 Except to the extent that a party to this Agreement seeks emergency judicial relief, the parties agree to negotiate in good faith in an effort to resolve any disputes related to this contract that may arise, no matter when the dispute may arise. If a dispute cannot be resolved by negotiation, the dispute shall be submitted to mediation before the parties resort to arbitration or litigation. The parties shall choose a mutually acceptable mediator to mediate the dispute, and the parties shall pay the costs of mediation services equally. ARTICLE V ADDITIONAL TERMS & AGREEMENTS 5.01 Prior to transporting a child to the Facility for placement, the official authorizing the placement shall call the Facility to ensure that space is available. Placement of children by authorized officers of Contracting County may be denied, if space limitations require, as determined by the Facility. Service Provider will make every reasonable effort to place the child expeditiously. 5.02 A child will only be accepted in the Facility upon receipt by the Facility Administrator of a proper order from the Juvenile Court of Contracting County. Service Provider is under no obligation to accept a client who is deemed inappropriate for placement in the program. 5.03 Each child placed in the Facility shall be required to follow the rules and regulations of conduct as fixed and determined by the Administrator and staff of the Facility. 5.04 If a child is accepted by the Facility from Contracting County and the child thereafter is determined to be, in the sole judgment of the Administrator, mentally unfit, dangerous, or unmanageable, or whose mental or physical conduct would or might endanger the other occupants of the Facility, then the Administrator shall notify the representative of the Contracting County of this determination. The child shall be removed immediately from the Facility. It will be the responsibility of Contracting County to provide for the transportation for the removal of the child. 5.05 Service Provider agrees that the Facility will accept any child who qualifies, without regard to such child's religion, race, creed, sex or national origin. 5.06 Except as provided in Section 5.04, it is understood and agreed by the parties that children placed in the Facility under proper orders of the appropriate Juvenile Court shall not be discharged from the Facility until the Administrator of the Facility receives either a written authorization from the Nexus Recovery Center 24152016 Page 4 of 10 0 D1- Pg /C" Contracting County that placed the child, or an Order of Release signed by the Judge of the Juvenile Court of the Contracting County. 5.07 It is further understood and agreed by the parties that nothing in this contract shall be construed to permit Contracting County, its agents, servants, or employees in any way to manage control, direct or instruct Service Provider, its director, officers, employees, agents, shareholders and designees in any manner respecting its work, duties or functions pertaining to the maintenance and operation of the Facility. 5.08 Contracting County reserves the right to terminate the client's placement with Service Provider at its discretion. Service Provider must not release a client to any person or agency other than Contracting County without the express consent of an authorized agent of Contracting County. ARTICLE VI EXAMINATION OF PROGRAM & RECORDS 6.01 Service Provider agrees that it will permit Contracting County to examine and evaluate its program of services provided under the terms of this agreement periodically. This examination and evaluation of the program may include site visitation, observation of programs in operation, interviews and the administration of questionnaires to the staff of Service Provider and the children, when deemed necessary. 6.02 For purpose of evaluation, inspection, auditing or reproduction, Service Provider agrees to maintain and make available to authorized representatives of the State of Texas or Contracting County any and all books, documents or other evidence pertaining to the direct costs and expenses of this Agreement. 6.03 Service Provider will keep a record of all services provided to Contracting County under this Agreement, and upon reasonable notice will provide information, records, papers, reports, and other documents regarding services furnished as may be requested by Contracting County. Service Provider will maintain the records (as referenced above) for three (3) years after the termination of this Agreement. 6.04 Contractor understands that acceptance of funds under this contract acts as acceptance of the authority of the State Auditor's Office, or any successor agency, to conduct an audit or investigation in connection with those funds. Contractor further agrees to cooperate fully with the State Auditor's Office or its successor in the conduct of the audit or investigation, including providing all records requested. Contractor will ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through the Contractor and the requirement to cooperate is included in any subcontract it awards. ARTICLE VII CONFIDENTIALITY OF RECORDS 7.01 Service Provider shall maintain strict confidentiality of all information and records relating to children placed by Contracting County, and shall not re- disclose the information except as required to perform the services to be provided pursuant to this Agreement, or as may be required by law. 7.02 Service Provider and Contracting County agree to abide by Title 37, Part 11, Chapter 380, Subchapter G, Division 1, Rule §380.9909, relating to Access to Youth Information and Records. Nexus Recovery Center 2015 -2016 y,/ `/ Page 5 of 10 ARTICLE VIII DUTY TO REPORT 8.01 As required by § §261.101 and 261.405 of the Texas Family Code, Service Provider shall report any allegations or incident of abuse, exploitation or neglect of any child (including but not limited to a juvenile that has been placed by Contracting County) within twenty-four (24) hours from the time the allegation is made, to all of the following: A. Local law enforcement agency; B. Texas Juvenile Justice Department by submitting a TJJD Incident Report Form to facsimile number 1 -512- 424 -6716 (or if unable to complete the form within 24 hours, then by calling toll - free 1 -877 -786 -7263, followed by submitting the report within 24 hours of said call); and, C. Contracting County. ARTICLE IX DISCLOSURE OF INFORMATION 9.01 Service Provider warrants that, prior to entering this contract, it has verified and disclosed the following information to Contracting County, and agrees that it shall have an ongoing affirmative duty under this Agreement to promptly ascertain and disclose in sufficient detail this same information to Contracting County: A. Any and all corrective action required by any of Service Provider's licensing authorities; B. Any and all litigation filed against the Service Provider, or against its employees, intems, volunteers, subcontractors, agents and /or consultants that have direct contact with juveniles; C. Any arrest of any employee, intern, volunteer, subcontractor, agent and /or consultant of the Service Provider that has direct contact with juveniles; D. Any finding of "Reason to Believe" by a state regulatory agency in a child abuse, neglect and exploitation investigation where an employee, intem, volunteer, subcontractor, agent and /or consultant of the Service Provider that has direct contact with juveniles was the alleged or designated perpetrator; E. The identity of any of the Service Provider's employees, intems, volunteers, subcontractors, agents and /or consultants that have direct contact with juveniles that are registered sex offenders; and, F. The identity of any of the Service Provider's employees, interns, volunteers, subcontractors, agents and/or consultants that have direct contact with juveniles that have a criminal history. For the purpose of this Agreement, the term "criminal history" shall include: (1) current felony or misdemeanor probation or parole; (2) a felony conviction or deferred adjudication within the past ten years; or (3) a jailable misdemeanor conviction or deferred adjudication within the past five years. ARTICLE X EQUAL OPPORTUNITY 10.01 Service Provider agrees to respect and protect the civil and legal rights of all children and their parents. During the performance of this contract the Service Provider agrees it: (a) Will not discriminate against any child, childcare provider, parent, employee or applicant for employment because of race, color, religion, sex or national origin including but not limited to employment, promotion, demotion or transfer, recruitment or advertising, lay -off or termination, rates 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 to be provided setting forth the provision of this non - discrimination. Nexus Recovery Center 2015 -2016 d Page 6 of 10 Pq ��/ (b) Will, in all solicitations or advertisement for employees placed by or on behalf of the Service Provider, state that all qualified applicants for positions in the Facility, will receive consideration for employment without regard to race, color, religion, sex, or national origin. (c) Shall abide by all applicable federal, state and local laws and regulations, including the Prison Rape Elimination Act of 2003, 42 U.S.C. 15601 et seq. 10.02 Service Provider agrees that it will not engage in any religious indoctrination or require any of the children placed with the Service Provider under this Agreement to participate in any religious activity. Service Provider further agrees that it will not impose any sanctions or deny any benefits to any children placed with the Service Provider under this Agreement solely on account of the child's religious beliefs or because the child does not participate in religious activities. Service Provider further agrees that it will not engage in any activity with respect to the children placed with the Service Provider under this Agreement that would constitute an establishment of religious or in any manner violate the rights of the children to religious freedom under the First Amendment of the United States Constitution. ARTICLE XI OFFICIALS NOT TO BENEFIT 11.01 No officer, employee or agent of Contracting County and no member of its governing body and no other public officials of the governing body of the locality or localities in which the project is situated or being carried who exercise any functions or responsibilities in the project, shall participate in any decision relating to this Agreement which affects or conflicts with his/her personal interest or have any personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. ARTICLE XII DEFAULT SANCTIONS PENALTIES FOR BREACH OF CONTRACT 12.01 Contracting County may, by written notice of default to Service Provider, terminate the whole or any part of this Agreement, as it deems appropriate, in any one of following circumstances: A. If Service Provider fails to perform the work called for by this Agreement within the time specified herein or any extension thereof, or B. If Service Provider fails to perform any of the other material provisions of this Agreement, including failure to achieve the defined goals, outcomes, and outputs, or so fails to prosecute the work as to endanger the performance of this Agreement in accordance with its terms, and in either of these two circumstances after receiving notice of default, Service Provider does not cure such failure within a period often (10) days. C. Except to the extent that a party to this Agreement seeks emergency judicial relief, the parties agree to negotiate in good faith in an effort to resolve any disputes related to this contract that may arise, no matter when the dispute may arise. If a dispute cannot be resolved by negotiation, the dispute shall be submitted to mediation before the parties resort to arbitration or litigation. The parties shall choose a mutually acceptable mediator to mediate the dispute, and the parties shall pay the costs of mediation services equally, D. The prevailing party in any lawsuit arising out of this Agreement will be entitled to Attorney's fees from the other party, including actions for declaratory relief. E. All notices required under this Agreement shall be in writing. They shall be sent by fax or by registered U.S. mail, return receipt requested, to the party at the addresses listed below. A party must provide notice of a change of address during the term of this Agreement. Unless specified otherwise, notices required in this Agreement shall be deemed to have been received when actually receive. Nexus Recovery Center 2015 -2016 e Page 7 or 10 1 Vol, F. Captions in this Agreement are for convenience only and shall be deemed irrelevant in construing the provisions of the Agreement. G. The parties intend that, in construing and enforcing the provisions of the Agreement, mediators and judges shall give maximum effect to the principles of contractual freedom and contractual enforceability. H. If any court finds any provision of this Agreement to be invalid or unenforceable, this finding shall not affect the validity or enforceability of any other provision of the Agreement. 1. No express or implied waiver by any party of any right of that party under this Agreement in any specific circumstance shall be considered to waive that right of that party in any other circumstance. J. The covenants and agreements in this Agreement are binding on and issued to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors, and assigns. ARTICLE XIII TERMINATION 13.01 The term of this Contract shall be for a period of twelve months from the effective date; however, if either parry feels in itsjudgment that the contract cannot be successfully continued, and desires to terminate this contract, then the parry so desiring to terminate may do so by notifying the other party in writing, by certified mail or personal delivery to its principal office, of its intention to terminate the contract thirty (30) calendar days from the date of the Notice of Termination. At 12:00 o'clock Midnight, thirty (30) calendar days after the date of the Notice of Termination, this contract shall terminate, become null and void, and be of no further force or effect. Such termination shall not affect or diminish Contracting County's responsibility for payment of any amounts due and owing at the time of termination of the contract. Contracting County shall remove at its expense all children placed in the Facility on or before the termination date. 13.02 Service Provider shall cease to incur costs associated with this Agreement upon termination or receipt of written notice to terminate, whichever occurs first. ARTICLE XIV WAIVER OF SUBROGATION 14.01 Service Provider expressly waives any and all rights it may have of subrogation to any claims or rights of its employees, agents, owners, officers, or subcontractors against Contracting County. Service Provider also waives any rights it may have to indemnification from Contracting County. ARTICLE XV INDEMNIFICATION 15.01.1 It is further agreed that Service Provider will indemnify and hold harmless Contracting County against any and all negligence, liability, loss, costs, claims or expenses arising out of wrongful and negligent act(s) of commission or omission by Service Provider, its agents, servants or employees arising from activities under this contract. Service Provider shall have no obligation to indemnify and hold harmless Contracting County for any act(s) of commission or omission of the County or the County's agents, servants, or employees arising from or related to this contract for which a claim or other action is made. NeMUS Recovery CeRW 20154016 Page a of 10 .i ARTICLE XVI SOVEREIGN IMMUNITY 16.01 This Agreement is expressly made subject to Contracting 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 Contracting County has by operation of law, Nothing in this Agreement is intended to benefit any third party beneficiary. ARTICLE XVII REPRESENTATIONS & WARRANTIES 17.01 Service Provider hereby represents and warrants the following: A. That it has all necessary right, title, license and authority to enter into this Agreement; B. That is qualified to do business in the State of Texas; that it hold all necessary licenses and staff certifications to provide the type (s) of services being contracted for; that it is in compliance with all statutory and regulatory requirements for the operations of its business; and that there are no taxes due and owing to the State of Texas, the County of Contracting County or any political subdivision thereof, and, C. Service Provider will maintain in force policies of general liability insurance against loss to any person or property occasioned by acts or omissions of Service Provider. Certified copies of original insurance policies shall be furnished to Contracting County upon request. Furthermore, the Contracting County shall be notified immediately upon any changes in the status of insurance policies and shall promptly furnish updated certificates of insurance to Contracting County. D. That all of its employees, interns, volunteers, subcontractors, agents and /or consultants will be properly trained to report allegations or incidents of abuse, neglect, or exploitation of a juvenile in accordance with the requirements of Texas Family Code Chapter 261 and any applicable Texas Juvenile Justice Department administrative rules regarding abuse, neglect and exploitation allegations. ARTICLE XVIII TEXAS LAW TO APPLY 18.01 This Agreement shall be construed under and in accordance with the laws of the State of Texas. ARTICLE XIX VENUE 19.01 Exclusive venue for any litigation arising from this Agreement shall be in Brazos County, Texas. ARTICLE XX LEGAL CONSTRUCTION 20.01 In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceable provision shall not affect any other provision thereof and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained therein. Nexus Recovery Center 20152016 , / Page 9 of 10 ARTICLE XXI PRIOR AGREEMENTS SUPERSEDED 21.01 This Agreement constitutes the sole and only Agreement of the parties hereto and supersedes any prior understandings or written or oral Agreement between the parties respecting the within subject matter. This Contract and Agreement is executed with the declared intention of the parties that this Contract and Agreement is a contract providing for the care of children who have allegedly committed an act of delinquency or an act indicating a need for supervision, and payment for such care will be made by Contracting County for the children placed in the Facility by the Judge of Contracting County having juvenile jurisdiction. EXECUTED IN DUPLICATE, EACH OF WHICH SHALL HAVE THE FULL FORCE AND EFFECT OF AN ORIGINAL. IN WITNESS WHEREOF, we hereunto affix our signature this 26 day of March, 2015. razos County Nexus Recovery Center Ju nile and Duane Peters, Chairman Dat Director Dat Bra ounty venilc Services Department Douglas VaAce, Ph.D. Date Executive Director Brazos Coultty Commiss o Court J`7-\ °-� / ""`�►,`` Date: Duane Peters, County Judge Brazos County 200 S. Texas Ave., Ste. 332 Bryan, TX 77803 Phone: 979 - 361 -4102 Fax: 979-3614503 NeKUS Recovery Center 20152016 _. Pap 10 of 10 Exhibit — B #1103 -15 -01 Revised Annual Peopleware Agreement by and between Computer Information Concepts, Inc. (CIC) and Brazos County, Texas, dated November 2014 PRODUCTS / SERVICES TO BE PROVIDED: Migration Assistance — DESKTOP Response (Hours) Remote Installation — No Expenses will be Incurred TOTAL PRODUCTS / SERVICES NET PRICE $540.00 EXPENSES Miscellaneous Expenses, i.e. travel, mileage, lodging, meals, etc., at cost, will be paid by Customer upon receipt of a separate CIC invoice. ACCEPTANCE / PAYMENT TERMS: To complete the ordering process, please: Please fax a signed copy of this Exhibit to (970) 330 -0839. Your payment of $540.00 will then be due and payable upon our satisfactory delivery of the Products / Services. SCHEDULED DELIVERY: It is anticipated the Products / Services will be delivered / provided within ninety (90) days after CIC's receipt of the signed Exhibit and initial payment. By: WTI q- % Computer Information Concepts, Inc. 311,1015- Exhibit Date Customer _31S1)is Acceptance Date Vol. Pg. 'piZ6 1$ 14 MRT�RIX technologies ALARM MONITORING AND SERVICES AGREEMENT Date of Agreement: March 25 '2015 Customer# Subscriber: Brazos County Tax Office Premises: 4151 County Park CL City: Bryan TX Telephone: Fax: E•Mail: J. BIII to Address: City: TI 1. DESCRIPTION OF SERVICE PROVIDED: Matrix Technologies (`Company) agrees to provide and (*Subscriber) Brazos Courxv Tax Office agrees to purchase monitoring service(s) as hereinafter set forth, for the system(S) owned byI ubscriber and Installed at the Premises described herein: A. MONITORING SERVICE: X Central Station Facility _ Other Monitoring _.Police /Fire B. TYPE.OF COMMUNICATION: X Digital C. TYPE OF SYSTEM: X Burglar Alarm ,_Hold Up Alarm Fire Alarm Other 2. PAYMENT AND TERMS OF AGREEMENT A) Subscriber agrees to pay Company: 1) Connection to facility providing Monitoring Service payable upon completion of Installation. S N/A 2) Monthly Alarm Monitoring Service charge payable quarterly In advance upon completion of Installation S 28.00 .3) Monthly Cellular Monitoring Service charge payable quarterly In advance for Signal Routing Fee I $ NIA B) Subscriber agrees to pay Company or others: Taxes, fees or charges Including salesluse tax, personal properly tax and false alarm assessments Imposed by any governmental authority and all telephone company charges relating to the service provided. C) Term: 1) This agreement shall begin on thedate of completion of installation, or renewal, and shall continue for a LLYLYLYeriod of one year after the first day. of the month next following the completion date and for any automatic renewals of this .Agreem 4. 2) It shall renew automatically for successive periods of one year thereafter unless either party gives the o er party written notice of termination not later than the 30'" day before the last day of the term. there shall be no actual renewal no ce given to Subscriber upon automatic continuance, other than the billing on said monthly rate being charged to their provided aymentsource on file. This Agreement maybe terminated at any time by Company if, for any reason: Its rights and privileges neces�wy to install and maintain the signal receiving equipment in the Monitoring Service facility are terminated; the Monitoring Service of other authorities having jurisdiction direct :. that such equipment be removed or replaced; or the connection is denied the Comparli or the Subscriber by 3. COMPANY'S LIABILITY f DISCLAIMER OF WARRANTIES; COMPANY DOES NOT REPRESENT OR WARRANT: THAT THE ALARMSYSTEM MAY NOT BE'COMPROMI ED OR.CIRCUMVENTED: OR THAT THE SYSTEM WILL PREVENT.ANY LOSS BY BURGLARY, HOLD -UP, FIRE OR OTHERWISE: OR r AT THE SYSTEM WILL IN ALL CASES PROVIDE THE PROTECTION FOR WHICH IT IS INSTALLED OR INTENDED.SUBSCRIBER ACKNOWLEDGES AND AGREES'. THAT COMPANY HAS MAD.E -NO REPRESENTATION OR WARRANTIES, EXPRESS OR IMPLIED; I)S TO ANY MATTER WHATSOEVER, INCLUDINGWITHOUr LIMITATION THE CONDITIONS OF THE.EOUIPMENT, ITS MERCHANTABILITIY OR ITS FITNESS FOR ANY PARTICULAR PURPOSE; NOR HAS SUBCRIBER RELIED ON ANY REPRESENTATION OR WARRANTIES, EXPRESS.OR IMPLIED:.SUBSCRIBER FURTHER ACKNOWLEDGES AND AGREES: THAT ANY AFFIRMATION OF FACT OF PROMISE SHALL.NOT BE DEEMED TO CREATE AN EXPRESS WARRANTY, AND THAT THERE ARE NO WARRANTIE, WHICH EXTEND BEYOND THIS AGREEMENT HEREOF. SUBSCRIBER FURTHER ACKNOWLEDGES AND AGREES: THAT CCb ANY IS NOT AN INSURER THAT SUBSCRIBER ASSUMES ALL RISK OF. LOSS OR DAMAGE TO SUBSCRIBER'S PREMISES R TO THE CONTENTS 5. SUBSCRIBER'S DUTIES AS TO USE OF SYSTEM; i Subscriber is aware that Matrix Technologies (Company) has no physical control of the electronic protective systerri or their mode of transmission, and acknowledges that It is the Subscribers sole responsibility to verify proper operation of the system( testing the complete system(s). The Subscriber shall carefully and properly lest system dally including but not limited to walk testing the tem(s), if applicable, during the lens of the Agreement in accordance with instructions- If any defect in operation of the systems) is disco Bred, or in the event or a power failure or other interruption at the Premises, Subscriber shall notify Company immediately. When any device of protection is used. which Is affected by turbulence or air, occupied airspace change, or other disturbing conditions, Subscriber shall turn p ff or remove all things, anlmate or inanimate, Including but not limited to all forced air healers, air conditioners, bells, animals, and any other kouroes of air turbulence or movement, which . may interfere with the effectiveness of the system during periods while the alarm system is armed: Subscriber shall notify Company of any remodeling or other changes to the Premises that could affect the operation of the system. 6. AUTHORIZED PERSONNEL: Subscriber shall continuously furnish Company 'With an up -to -date written list of the names, addresses and phone numbers of all persons lobe notified in the event of an alarm. i. TITLE TO EQUIPMENT: I Subscriber agrees that all equipment installed to monitor or supervise the syslem(s) shall at all firriels remain the sole property of Company. Subscriber will not damage, encumber or dispose of said equipment or permit the equipment be damaged, encumbered, taken from the Premises, tampered with or repaired by anyone but the authorized agents of Company. In the event of loss or .damage to the equipment or any part thereof, whether during installation or thereafter, Subscriber agrees to pay Co parry the reasonable value thereof or the cost of the repairs, as determined by the Comparry. At the expiration of this Agreement, or in ffi@q event of any default In performance by Subscriber, Company Is authorized to enter upon the Premises and remove Company -owned equipment. Removal of the equipment shall be Without prejudice to The collection of any and all sums due under the Agreement or extension or (enewals thereof. Subscriber shall In such event return said equipment to Company in good condition, reasonable wear and lear ezce0led. Subscriber agrees that the installation of the equipment does not constitute the equipment a fixture. 8. IF MONITORING SERVICE IS FURNISHED: B) MAINTENANCE OBLIGATIONS:. Subscriber acknowledges that Company's maintenance obligation with respeiet to monitoring relates solely to the maintenance and operation of the signal receiving equipment. and any transmitting equipment o ed by Company; and that Company is in no way obligated to maintain. repair, service, replace, operate or assure the operation of the pro arty systems) or any device(s) of the Subscriber, unless expressly provided as may be required under warranty as set forth in a sap rate agreement. b) COMPANY CENTRAL STATIONIOTHER MONITORING FACILITIES: In the event Subscribers alarm system transmits signals to Company's Central Station or Other Monitoring Facility, Company orits designee agrees o monitor such sign C) POLICFIFIRE MUNICIPAL FACILITY: If the signals transmitted from the Premises will be monitored In police, ire, or municipal departments, Company or its designee, agrees to provide and mainlafri cause to be provided and maintain d, a remote monitoring facility consisting of signal receiving equipment at the Facility heminabove set forth. I If, In the opinion of the Company or the Facility, use by the Subscriber adversely affects the use of the signal receiving equipment. this Agreement maybe terminated thirty (30) days following written notice to Subscriber; I 9. RECEIPT OF SIGNALS I RESPONSE TO ALARMS: a) CENTRAL STATION I OTHER MONITORING FACILITIES: Company or Its designee, shall make reasonable effort to do the following: (1) Upon receipt of a burglar or hold -up alarm signal, transmit the alarm to the police department or the locali n designated by Subscriber and notify Subscriber, or their designated representative, by calling the telephone number st led to Company in Writing. by Subscriber. (2) Upon recelpt of a manual,, automatic or smoke fire alarm, transmit the alarm to the fire department or the (ocatlon designated by the Subscriber and notify Subscriber, or their designated representative, by calling the telephone number suprlied to Company in willing by Subscriber. (3) Upon receipt of other types of alarms, transmit the alarm to the location(s) designated by the Subscriber. b) POLICE 1 FIRE I MUNICIPAL AND OTHER MONITORING FACILITIES: Subscriber acknowledges mat if the signals transmitted from the Premises will be monitored in police• fire or municipal departments, or other monitoring facilities that personnel In such facilllles are notthe agents of Company, nor does Company assume any responsibility or the manner in which such slgnalls are monitored, or the response; to such signals. I C) TELEPHONE LINES: Subscriber acknowledges that signals are to be transmitted over telephone company signal channels or lines which are Wholly beyond the control and jurisdiction of Company, and are maintained and serviced by the applicable telephone company or utility. Company shall make reasonable effort to coordinate the restoration of any interrupted signal transml sion, signal channels o lines when notified of such a condition or other outage by Subscriber; or other monitoring facility. o) FALSE ALARMS: In the event an excessive number of false alarms are caused by Subscribers carelessnes misuse, malicious action• abuse, or accidental use of the system, such events shall be a material breach of contract on the part of Su Iber and Company may at its option, in addition to all other legal remedies set forth below; be executed from further performance upon 1 -(10) days written notice to Subscriber. Company's excuse from performance shall not affect its right to recover damages from Subsc ber. In the event a fine, penalty or fee Is assessed against Company by any governmental or municipal agency as a result of any alar originating from Premises, Subscriber shall forthwith reimburse Company for same. If Company dispatches an agent to respond to an aWnn originating from Premises, where Subscriber Intentionally, accidently or negligently has activated the alarm signal, and n� alarm condilion exists, or if Company makes any maintenance call caused by the Inadvertence or negligence of Subscriber, Subscriber shat) pay to Company the charge for a service call at existing rates. i Subscriber represents they fully understand that the equipment, because of Its sensitivity and nature, Is subje4t to the Influence of occurrences or events which are not within the control of Company and which may cause the alarm to activatet erroneously. Any or all alarms shall not excuse any of the obligations of Subscriber as set forth In this Agreement. I 10. VOICE OVER IP SERVICE (VoIP): Subscriber acknowledges that If Company utilizes a digital communicator for the purposes of sending alarm signal from Subscribers premises to Company's' Central Station or other Monitoring Facility, that the signals from Subscriber's alarm syste are sent over Subscriber's regular telephone lines, Voice over IP service, broadband Internet connection. LLR (long range radlo)r GSM cellular phone network, or other transmission mediums provided by others to Company's Central Monitoring Station, and In the e�enl that the service Subscriber has elected to use for the purpose of transmitting alarm signals is out of order, disconnected, placed vacs .on or otherwise interrupted, signals from Subscriber's alarm system will not received in Company's Central Monitoring Station unng any such Interruption And the Interruption will not be knovm to Company. Subscriber further acknowledges and agrees that signals that re transmitted over these services are wholly beyond the control and jurisdiction of Matrix Technologies and are maintained and serviced b the applicable service provider. 11. PHONE LINE 1NTERFERANCE: Subscriber is aware that if the system uses Subscriber's POTS or VoIP phone lines to transmit signals to a Centr Monitoring Stature by dialing: over said phone line. Blocking, Restricting. Suspension,. Disconnection or interference, degradation of qua] ty, loss . of bandwidth. or an routing services may cause loss of signaling ability without notice to the Central Monitoring Station: Therefore, Ills, stmnaly reCOmmanderl m� rFO C„FmriRenreo en 1 P rcnn nr coie,isr o- - '�� - -r -- -= ' ^• - -- ' 13. EQUIPMENT: Subscriber understands that Matrix Technologies agrees to monitor a security / fire system owned by Subscriber and of Installed by or designed by Matrix Technologies. Matrix Technologies makes no representation as to suitability or condition of Subs bar's system. Matrix Technologies assumes no responsibility whatsoever for the maintenance, operation or non -operation, actuation or no actuation, of your existing equipment. Matrix Technologies reserves the right to terminate service under this Agreement In the event yo existing equipment is not in good operating condition and Matrix Technologies will not be liable for any damages or penalties as a result of ( ermination under those dreumslances. 14. IF TIME AND MATERIAL SERVICE IS FURNISHED: Upon request, repairs, inspections and test shall be made at Subscribers erglense at Company's then prevailing rate. Labor charges shall be for a minimum of one hour for each visit to the premises. 15. PERMITS I LICENSE: Subscriber shall secure at his awn cost and expenses whatever permission, permits or licenses that may be necessary from local authorities for installation, monitoring and/or maintenance of his alarm system. 16. INTERRUPTION OF SERVICE: RIGHT TO TERMINATE: Company assumes no liability for Interupllon of monitoring service due to strikes. riots, goods, storms, lightning, as hquakes, fire, power failures, insurrection, Interruption or unavailability of telephone service, acts of God, or for any other cause beyond a control of Company and will not be required to supply monitoring service to Subscriber while such interruption of service may continue. Repta ment of thesystem necessitated by such event will be at Subscribers expense. This Agreement may be terminated upon written notice to Subscriber at the option of Company, If the Premises or equipment of the Company Central Station, other monitoring facility, Police, Fire or Municipal Facility, or Subscriber are destroyed by fire, lightning or other catestmphe, or so substantially damaged that it is impractical to continue service, or In the event Company or the Monitoring facility Is unable to render service as a result of any action by any governmental authority. Upon such termination, an equitable refund of the service arge paid, but not yet earned, shall be made. 17. ASSIGNEES ISUBCONTRACTORS OF COMPANY: Company shall have the right to assign this Agreement to any other person, fmn or corporation without notice to Su4$crlber and shall have the further right to subcontract any installation, moniloring, maintenance or other services which It may perform. This Agi eement is not assignable by Subscriber except upon the prior written consent of Company. Subscriber acknowledges that this Agreement, .arid particularly those paragraphs relating to Company's maximum liability; liquidated damages, and third party Indemnification, Insure to the benefit of and are applicable to any assignees, subcontractors of Company; and I or Monitoring Facility, and that they bind Subscf�pef with respect to said assignees, subcontractors and/or the Monitoring Facility, if any, with the some forces and effect as they bind Subs ber to Company. 18. DEFAULT BY SUBSCRIBER: a) The happening of anyone or more of the following shall be Events of Default under this Agreement: I 1) Failure, by Subscriber, to pay any amount or charge, with 10 days after the same Is due and payable; 2) Failure by Subscriber to observe, keep or perform any agreement required by it herein;. 3) Loss, theft or dsappeamncs fro n the Premises, substantial damage to or destruction of, the system; 4) Action by any governments[ authority directo I at Subscriber or the Premises rendering it impossible or impractical for the Company to perform this Agreement;, 5) Abus 9 to the Alarm System; 6) Dissolution, termination of existence, discontinuance of business. Insolvency or business failure of Supbscriber; or 7) Initiation of, or formal threat to Initiate, any bankruptcy, reorganization, assignment for the benefit of creditors, or like proceeding, by or against Subscriber. b) Upon the occurrence of an Event of Default, then at any time thereafter (unless the Company specially waives its right under this paragraph b), the Company may pursue one or more of the following remedies: 1) By written notice to Subscriber declares all unpaid amounts and charges due, and to become due nder this Agreement to be Immediately due and payable, provided that all past due amounts and charges shall bear Interest 1�t the rate of 1 %r °.4 per month (18% per year) from the first occurring Event of Default; 2) receive immediate possession o the Company owned portion of the system, and forsuch purpose enter the Premises and remove the said portion of sys em(s), subscriber hereby waiving any further rights to the system or any claims for, or resulting from , said repossession, Including any claim for restoration of the Premises to former condition; 3) demand that Subscriber return the system or an pan (hereof, al Subscribers expense, to the Company's premises; 4) proceed at law orat equity to enforce perfo' once by Subscrlber of the provisions of the Agreement, or to recover damages for the breach of this Agreement: and 5) door Onus monitoring and/or maintenance of the alarm system, and terminate this Agreement by written notice to Subscriber. I c) In addition: to any damages which the Company could dalm as part of the remedies listed in paragraph b) above, the Company shall be entilled to recover immediately, from the after the occurrence of an Event of Default, as liquidated damages a d not as a penalty, a sum equal to the sum of the following: 1) All the amounts and charges which are due and payable after the occurrence of the Event of Defaqit and before the effective date of any termination of the Agreement;, 2) The lost profit to the Company which It anticipated eaming under this Agreement from the time of the Event of Default to the end of the term; 3) Any other costs the Company is req (red to beer in respect of the installation and / or service provided under this Agreement, Irrespective of the referred for onto reasonable costs of removal of the alarm system, and other reasonable costs, paid or incurred by the Company inenfo ling or attempting to enforce the terms and provisions of this Agreement. d) The above remedies are cumulafive and availmenl of one does not preclude avatiment of another. 19. DELINQUENCY; RECONNECT CHARGES: In the event any payment due hereunder is more than ten (10) days delinquent, Company may Impose and collectla delinquency charge of one and a half percent (1 -1/2%) per month. (10°/ per annum) of the amount of the. delinquency, or me maximum to permitted by law. If the. monitoring service is deactivated because. of Subscribers past due balance and If Subscriber desires to have the Mce reactivated, Subscriber agrees to pay in advance to Company Its prevailing reactivation charge. i. 2D. COMPANY NOT INSURER; LIQUIDATED DAMAGES; ASSUMPTION OF. LIMITED LIAB�LITY: SUBSCRIBER AGREES:: THAT COMPANY IS. NOT AN INSURER;. THAT INSURANCE, IF ANY, SHALL BE OB INED BY SUBSCRIBER THAT THE PAYMENTS PROVIDED FOR HEREIN ARE BASED SOLELY ONTHE VALUE OP THE SERVICE SET FORTH HEREIN AND ARE UNRELATED TO THE VALUE OF THE SUBSCRIBERS PROPERTY ORTHE PROPERTY OF OTHE S LOCATED ON SUBSCRIBER'S PREMISES; THAT COMPANY MAKES NO GUARANTY OR WARRANTY, INCLUDING ANY 1 LIED WARRANTY OF MERHCANTABIUTY ORFITNESS THAT THE SERVICE SUPPLIED WILL,AVERTOR PREVENT OCCURREN S OR THE CONSEQUENCES THEREFROM WHICH THE SERVICE:IS DESIGNED TO DETECTOR AVERT. SUBSCRIS R ACKNOWLEDGES THAT IT IS IMPRACTICAL AND EXTREMELY DIFFICULT TO. FIXTHE ACTUAL DAMAGES, IF ANY, WHICH MAY P OXIMATELY RESULT FROM A FAILURE TO PERFORM ANY OF THE OBLIGATIONS HEREIN, INCLUDING, BUT NOT LIMITED TO, JNSTALLATION, MAINTENANCE OR MONITORING SERVICE OR THE FAILURE OF THE SYSTEM TO PROPERLY OPERATE ITH RESULTING LOSS TO SUBSCRIBER BECAUSE OF, AMONG'OTHER THINGS: (A) THE UNCERTAIN AMOUNT OR VALUE OF SUBSCRIBER'S PROPERTY OR THE PROPERTY OF OTHERS KFPT nx! Tun PREMISES WHICH MAY BE LOST, STOLEN. DFRTariven n +�.+ GaL - 02/� '009 � IS V BSCRIBER WISHES COMPANY TO ASSUME A GREATER LIMITED-LIABILITY IN LIEU OF THE AMOUNT AS HEREIf�irA�OVE SET FORTH, SUBSCRIBBa MAY OBTAIN FROM COMPANY A GREATER LIMITATION OF LIBILITY BY PAYING AN ADDITIONAL CHAR ,E TO COMPANY. IF 803,,S,CR1651R ELECTS TO EXERCISE THIS OPTION, A RIDER SHALL BE ATTACHED TO THIS AGREEMENT SETTING FFQRTH THE TERMS, CONDITIONS AND AMOUNT OF THE LIABILITY AND THE ADDITIONAL CHARGE. ff ,21. THIRD PARTY INDEMNIFICATION: a). In the event any person, not party to this Agreement, shall make any claim or file any lawsuit agalnst Companyfor any reason relating to Company's duties and obligations pursuant to this Agreement, Including but not limited to the design, installat(on, maintenance, monitoring, operation, or nonoperafron of the eta" system(s). Subscriber agrees to Indemnify, defend and hold Company harmless from any and all claims and lawsuits; Including the payment of all damages, expenses; casts, and ahomey's fees, wtr Cher these claims be based upon active or passive negligence, or strict or product liability ornme part of the Company, its agents, se ants or employees. b) This Agreement by Subscriber to Indemnify Company against third parry claims as hereinabove set forth shall n apply to losses, damages, expenses and liability resulting in Injury or death to third persons or injury to property of third persons which losses damages, expenses and liability occur while an employee of Company is on the Premises and which losses damages and,labllity are solely and directly caused by the acts of sole employee. 1111111 22. SUBSCRIBER PURCHASE ORDER: If there is any conflict between this Agreement and Subscriber's . purchase order, or any other document, this Agreement will govern, whether such purchase order or other document is prior or subsequent to this Agreement. , 23. ATTORNEY'S FEES: Inthe event the Company Institutes legal proceedings to collect the cost of any charges as set forth herein, then and lin such proceedings the unsuccessful party shall pay to the successful: party reasonable attorney's tees. 24, INVALID PROVISIONS: I In the event any of the terms or provisions of this Agreement shall be declared to be invalid or inoperative, all the re string terms and provisions shall remain in full force and effect. I 25. VENDOR COMPLIANCE PROGRAMS I ENROLLMENT FEES I ADDITIONAL COVERAG� If Subscribervdshes'Company to. participate In a Vendor Screening, Cenlllcate of Insurance Tracking and Manage ent program as part of your management policies, Subscriber Will be table for all non- refundable enrollment fees associated w'th the program. If additional insurance coverage is required due to your pollcies,aubscdber may obtain from Company a greater limitation of liability by paliing an additional charge to Company, If subscriber elects to exercise this option, a rider shall be attached to this Agreement and the Certiflcate)nsurance shall reflect additional coverage required setting forth the terms, conditions and amount of the limited liability. Enrollment fees epd or additional insurance coverage's will be titled to. Subscriber per occurrence. 26. ENTIRE INTEGRATED AGREEMENT; MODIFICATION; ALTERATIONS; WAIVER: This Agreement contains the entire Agreement of the parties Who shall not be bound by any prior representations, remise, concilllon, Inducements or warranties, express or Implied, not Included herein:. Any modification or amendment of the Agreement must be in writing, executed by both parties. 27. BINDING EFFECT: I This Agreement is binding cm Subscriber and his legal representatives, and any person who purchases or leases t Premises and does not permit the Company to repossess any of subscriber owned equipment located on the Premises. The Agreement arr its benefits may not be assigned by Subscriber without the prior written consent of the Company. 28. SIGNATURES: I THIS AGREEMENT SHALL NOT BE BINDING UPON THE COMPANY UNLESS APPROVED IN WRITING BY At AUTHORIZED REPRESENTATIVE OF THE COMPANY- IN THE EVENT SUCH APPROVAL IS NOT OBTAINED, THE SOLE LL BILITY OF COMPANY SHALL BE TO REFUND TO SUBSCRIBER ANY AMOUNT THAT HAS BEEN PAID TO COMPANY BY SUBSCRI ER UPON SIGNING THIS AGGREEMENT. `n By I /lant { &ys Date '3131125 Name Title Matrix Technologies: Belinda Versyp Authorized Representative of Company ilz __�i-7 /1/y Customer Name: Address: M •R -T -R+X TOW.2n EMERGENCY NOTFICATION LIST Account # City State Telephone: Fax CONTACT NAME: Telephone: Fax Billing Address: City: State Zip Code Zip Code E -Mail PERSONNEL AUTHORIZED TO BE NOTIFIED ON ALL ALARMS Name: Telephone: Name:. Telephone: Name: Telephone: Name: Name: Name: PASSWORD: .Special Instruction: Signature _L *Please ensure you notify Matrix Technologies with up -S BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT: Road & Bridge MEETING DATE: March 31, 2015 SUBJECT: Seismic Survey License Agreement — Vector Seismic Data Consider and take action on the Seismic Survey License Agreement with Vector Seismic Data to conduct seismic surveys in the unincorporated areas of Brazos County for exploration and production of oil and natural gas. All work shall adhere to restrictions as set out in License Agreement. Seismic area is located in Precinct 1. SUBMITTED BY: Q' , F Darrell W. Kolwes Right of Way Agent This request is APPROVED BY: Air" Z kl;E lW/s4tx Lloyd Wassermann Commissioner Precinct 1 Duane Peters, County Judge DATE: -'�3 151 1 125 Court 15 STATE OF TEXAS COUNTY OF BRAZOS SEISMIC SURVEY LICENSE AGREEMENT This non exclusive icense Agreement for temporary seismic survey operation is made and entered into this /,T" day of AlhCel 20k_ by and between Brazos County, Texas ("County ") an Vec rd� S�iS .v.t ,Oa C'rr/61P o+ ! ( "Licensee ") a duly formed and operating pursuant to the laws of the State of T xas. WHEREAS, Licensee desires to conduct seismic surveys in the unincorporated areas of Brazos County, for evaluation related to the exploration and production of oil and natural gas; and WHEREAS, Licensee will obtain or has obtained consent and indemnity waivers from all private property owners whose property will be used as receiver points or source points for seismic testing; and WHEREAS, Licensee desires to obtain a Seismic Survey License from the County in order to conduct seismic survey operations within the County in furtherance of same; and NOW THEREFORE in consideration of the mutual covenants contained herein the County and Licensee agree as follows: 1. Non - exclusive License and Fees In consideration for the County granting the Licensee a revocable, non - exclusive seismic survey license, the Licensee will pay a fee of $950.00. A specific License is required for each survey and the License is not assignable. The Licensee is granted the privilege to construct, deconstruct, repair, operate and maintain seismic source and receiver equipment within the unincorporated areas of Brazos County. The total fee is due before commencement of operations. The fee is not refundable if the agreement if the agreement is terminated due to breach by the Licensee. 2. Term This license is valid for one (1) year beginning on the date of approval of this License by the County Engineer. All energy source operations shall be completed within ninety (90) consecutive calendar days, beginning on the date of commencement of operations. Once operations have commenced, in the event Licensee is rendered unable, wholly or in part, by circumstances beyond the Licensee's control, to complete operations within the remaining term of the License, then the time for completion may be extended, at the sole discretion of the County Engineer or his designee, for a period of time not to exceed six (6) months, upon written request by the applicant setting forth full particulars of the circumstances causing the delay which were not within the control of the applicant and which the applicant could not have avoided by the exercise of due diligence and care. However, this license may be terminated at any time with a majority vote by the Brazos County Commissioners Court. C:\ users \ram11485 \appdata \10ca1\microsft \windows \temporary internet files \comentoutlook \o6u781fn \row seismic permit (3).docx Page 1 Vol. oZ �� pg. �S3 3. Prohibitions Licensee is prohibited for the following: a. Under no circumstances may explosive charges, including; but not limited to, pentolite or dynamite, be used in any way as a seismic source or related to the preparation and/or operation of conducting a seismic survey in the County, including public properties, County Rights -of -Way, and on County -owned properties. b. Seismic source points shall not be permitted within County Rights -of -Way, or on County -owned properties within County strictly permitted. c. Clearing vegetation, associated with Seismic survey operation, greater than one -inch caliper is prohibited in County Rights -of -Way and on any County -owned properties. 4. Special Conditions Licensee's operations shall be conducted in accordance with the highest industry standards and practices and in a prudent and careful manner. Licensee further agrees to comply with the following minimum conditions: a. Licensee will notify the County Engineer or his designee, by calling the Road and Bridge Department at (979) 822 -2127 at least (3) business days before commencement of testing operation (i.e. use of vibroseis equipment). Licensee will provide the County with the name, address, email address and telephone number of at least two (2) individuals who will be a 24 -hour emergency contact for the County. b. Vibroseis equipment will be used to provide the source signal. Pentolite, dynamite, or any other type of explosive is prohibited. c. In order to protect public utility infrastructure, as well as private property, Licensee shall employ qualified vibroseis technician(s) to utilize vibroseis equipment on the job to ensure vibration level or peak particle velocity will not and does not exceed 0.35 inches per second and the frequency shall not exceed 130 hertz. If particle velocity or frequency levels are exceeded, vibroseis technicians will notify the County Engineer and cease all operations until corrections are made. Licensee will maintain all documentation of monitoring activities for a period of at least two (2) years and make said documentation available upon request for inspection by the County. d. At each source point, vibroseis equipment will be set back: a minimum of ten (10) feet from any water, sanitary sewer, drainage, electric, or any public infrastructure improvements; and a minimum of 500 feet from all residential or commercial buildings, as well as water wells. Additional setbacks may be required for sensitive features as necessary. e. Receivers, e.g. geophones, may not be placed in County -owned roadway pavement, sidewalks or drainage culverts. Licensee will be given 24 hours- notice of County Activity which will require removal of receivers until Licensee receives notice of completion of County Activity. Cables placed on the pavement within rights of way must be arranged so they do not create a hazardous condition. No cables shall cross roadways or sidewalks and shall not be anchored in any way to the roadway. Bridges and drainage culverts shall be the only method to cross roadways. C: \users \ram11485 \appdata \local \microsft \windows \temporary internet files \contentoutlook \c6u781rn \row seismic permit (3).dacx Page 2 Vol. pg. .�5 f. Licensee shall obtain water well, underground hazardous waste storage /disposal site, and water, sewer, oil, gas and chemical pipeline location maps and Conduct all engineering calculations necessary to confirm all operations meet standards established by the governing engineering codes and criteria. Information obtained by the Licensee shall be used by the surveying teams and operations manager to ensure compliance with the terms and conditions of this agreement and that safe operating distances are maintained. Seismic Project Route Plan Sheets shall be submitted with the application for this License Agreement, on 24x36 tax maps that identify all utilities, streets, properties, the location source points, and the location of receiver points. The County will assist with the identification of County owned utilities. g. All seismic survey operations shall be limited to the areas determined by the Seismic Project Route Plan Sheets at a scale acceptable to the County Engineer. h. The Licensee shall receive prior approval from the County Engineer or his designee, before any variance for the Seismic Project Route Plan Sheet is made. The Licensee shall provide at least three (3) business day's notification allowing consideration and response for each request. i. No road or lane closures shall be permitted without prior approval from County Engineer of a Traffic Control Plan prepared by a Licensed Engineer. There shall not be disruption in traffic for route operations associated with this Permit. All related costs shall be borne by the Licensee. Signs, barricades and flagmen (and/or off duty peace officers) must be maintained as necessary to protect the traveling public in accordance with County and state standards, including the Texas Manual on Uniform Traffic Control Devices. The operations shall not unreasonably interference with the flow of traffic. All geophones shall be on one side of the rights -of -way only, at any given time, and must be as far from the road pavement as practical. Licensee shall comply with the traffic control plan submitted to the County, identifying routes of vibroseis trucks as well as the dates and times that testing will be conducted. The County may require modification of the dates and times of testing to reduce or eliminate interference with schools, interference with public events, or traffic congestion. j. Licensee shall provide the County with a list of the types, weight, and specifications of vehicles to be used in the seismic survey. Vibroseis trucks shall be of the mini -vibe category with the total maximum loaded allowed truck weight limit of 17,000 lbs. k. The Licensee shall be responsible to obtain permission, as required by law, from property owners before entering upon or crossing private property. The Licensee must obtain written permission from all private property owners whose property is used for receiver or source points. 1. The Licensee shall maintain a daily log of energy source test performed by qualified vibroseis technicians showing date, location, energy source used, drive level, operator, and all other related information including seismic and pre -and post -test survey. A copy of the log and survey covering the entire test area, within County limits, will be provided to the County no later than thirty (30) days after testing is complete. Licensee will maintain all documentation of monitoring activities for a period of at least two (2) years and make said documentation available upon request for inspection by the County. m. The Licensee shall place newspaper advertisements in the official newspaper of the County of not less than three (3) inches by four (4) inches explaining the work to be performed, the location of the proposed work, and a toll -free telephone number where. C:\ users \ram11485 \appdata \local \microsft \windows \temporary intemet files \contentoutlook \o6u781fn \row seismic permit (3),doa -- - -_ - Page 3 Vol. Pg. o2j3r' residents may call for more information. Said advertisements shall be placed continuously during the two-week period immediately before actual operations commence in the testing area. The toll -free telephone number provided by the applicant shall be answered during hours of operation while work is ongoing in the County, and an answering machine shall be installed to receive after -hour calls. The County shall review and approve the advertisement prior to publication by the Licensee. Advertisement cost will be at the expense of the Licensee. Licensee shall also provide the County with a name, address, email address, and telephone number of a point of contact for the public and the media. n. Licensee shall restore all County streets, roads, sidewalks, public infrastructure, or other property to their original condition, free from any damage, including, but not limited to, any ruts or injury to vegetation, during or at the close of operations. Licensee shall repair, or compensate the County for the full cost of repairing, any County streets, roads, water lines, sanitary sewer infrastructure, electrical infrastructure, or other public infrastructure damaged by Licensee in the course of the seismic survey. All debris, stakes and flagging generated in connection with the seismic survey shall be removed by Licensee as quickly as reasonably possible and damage to County infrastructure shall be repaired, if reasonably practicable, prior to any further seismic testing. Any costs incurred by the County including the cost of the time spent by County employees, relating to damage caused by the seismic survey shall be paid by Licensee within thirty (30) days of invoice or drawn from the security instrument required by this License Agreement. o. Wet weather, flood, or soil conditions may prohibit access to public property by Licensee. The County's County Engineer may temporarily halt seismic survey operations when conditions so require. The County's County Engineer may require the installation of erosion control measures if the Licensee disturbs the existing condition of public property. Licensee may not track mud or debris onto County roads, or sidewalks and the County may require the Licensee to clean up after Licensee's violation of the provision. p. Water holding facilities, dams, levees, water control structures, creeks, sloughs, tanks, or springs may not be disturbed or altered. q. The County may require reasonable alternatives to disturbance in high resource value areas. All precautions, including consultation with the County Engineer, shall be staked to avoid disturbance of fish, wildlife, endangered or critical plant resources during seismic survey operations. Particular caution shall be taken to avoid and protect sensitive habitats, such as wetlands and bottomland hardwoods. Activities affecting these species and habitats may require coordination with other state and federal agencies. r. The applicant shall notify the County Engineer or designee, with three (3) business days after the occurrence of any violation of these permit requirements. s. Licensee is responsible for and shall settle all reasonable and legitimate claims, demands, and causes of action relating to property or persons arising out of, or as a result of Licensee's operations under this agreement and shall handle all such claims in an expedient manner. t. Testing may only be conducted from 8:00 a.m. to (earlier of sunset (as determined by NWS at Easterwood Field for that date)) or 8 p.m. (Central Time), on Monday through Friday, and from 10:00 a.m. to (earlier of sunset or 8 p.m. on Saturday, and 1:00 p.m. to C:\ users \ram11485 \appdata \local \microsft\windows \temporary internet files \contentoutlook \o6u781fn \row seismic permit [3).docz Page 4 earlier of sunset or 7:00 p.m. on Sunday. County Engineer may notify Licensee of specific dates or times when special events require testing to cease temporarily. U. Licensee shall furnish to the County Engineer a written schedule of each week's operations plans. 5. Indemnification LICENSEE, ON BEHALF OF ITSELF, ITS AGENTS, EMPLOYEES, CONTRACTORS, SUCCESSORS AND ASSIGNS, CONTRACTS TO INDEMNIFY, HOLD HARMLESS, AND DEFEND THE CITY, ITS OFFICERS, AGENTS, EMPLOYEES, VOLUNTEERS, CONSULTANTS, AND CONTRATORS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, EXPENSES, COSTS, DAMAGES, DEMANDS, JUDGEMENTS, CAUSES OF ACTION, SUITS, AND LIABILITY IN TORT, EVERY KIND AND CHARACTER WHATSOEVE CONTRACT OR ANY OTHER BASIS OF R INCLUDING, BUT NOT LIMITED TO, ALL REASONABLE COSTS OF DEFENSE, SUCH AS FEES AND CHARGES OF ATTORNEYS, INCLUDING THE TIME OF COUNTY ATTORNEYS, EXPERT WITNESSES, AND OTHER PROFESSIONALS INCURRED BY THE COUNTY FOR INJURY TO OR DEATH OF ANY PERSON OR FOR DAMAGE TO ANY PROPERTY ARISING OUT OF OR IN CONNECTION WITH THE WORK DONE BY THE LICENSEE UNDER THIS LICENSE AGREEMENT. SUCH INDEMNITY SHALL APPLY REGARDLESS OF WHETHER THE CLAIMS, LOSSES, DAMAGES, CAUSES OF ACTION, SUITS, OR LIABILITY ARISE IN WHOLE OR IN PART FROM THE NEGLIGENCE OF THE COUNTY, ANY OTHER PARTY INDEMNIFIED HEREUNDER, THE LICENSEE, OR ANY THIRD PARTY. 6. Release THE LICENSEE ASSUMES FULL RESPONSIBILITY FOR THE WORK TO BE PERFORMED HEREUNDER AND HEREBY RELEASES, RELINQUISHES, AND DISCHARGES THE COUNTY, ITS OFFICERS, AGENTS, VOLUNTEERS, AND EMPLOYEES FROM ALL CLAIMS, DEMANDS, AND CAUSES OF ACTION OF EVERY KIND AND CHARACTER, INCLUDING THE COST OF DEFENSE THEREOF, FOR ANY INJURY TO OR DEATH OF ANY PERSON AND ANY LOSS OF OR DAMAGE TO ANY PROPERTY THAT IS CAUSED BY, ALLEGED TO BE CAUSED BY, ARISING OUT OF, OR IN CONNECTION WITH THE LICENSEE'S WORK TO BE PERFORMED HEREUNDER. THIS RELEASE SHALL APPLY REGARDLESS OF WHETHER SAID CLAIMS, DEMANDS, AND CAUSES OF ACTION ARE COVERED IN WHOLE OR IN PART BY INSURANCE AND REGARDLESS OF WHETHER SUCH INJURY, DEATH, LOSS, OR DAMAGE WAS CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE COUNTY, ANY OTHER PARTY RELEASED HEREUNDER, THE LICENSEE, OR ANY THIRD PARTY. a. Licensee further acknowledges: that the County has not made any independent investigation or verification of information regarding subsurface structures and facilities furnished to Licensee and makes no representation or warranties as to the accuracy or C:\ users \ram11485 \appdata \local \microsft \windows \temporary internet a1es \coatentout1ook \u6u781fn \row seismic permit (3).docx Page 5 Vol, o� /� pg. 909�1 completeness of such information. Licensee expressly acknowledges that the County makes no warranty or representation, express or implied or arising by operation of law, including but not limited to; any warranty of fitness for a particular use or purpose of such subsurface information. 7. Insurance and Security a. Licensee will provide insurance as required by Exhibit "A" "Insurance Requirements ". Control of Well and Environmental Pollution Liability insurance will not be required. Prior to conducting the seismic survey, Licensee will deliver to the County a certification of insurance evidencing the insurance and naming the County as an additional insured. b. Licensee shall provide a security instrument that secures Licensee's obligations under this License Agreement including the obligation to repair or compensate the County for the cost of repairing damage to County roads, sidewalks, rights of way, easements, water /sanitary sewer /electric infrastructure, or other public property or infrastructure damage caused by Licensee in the course of conducting the seismic survey. The security instrument may in the form of cash or an irrevocable letter of credit issued by a bank or surety approved by the County. A certificate of deposit may be substituted for the letter of credit. Any certificate shall be issued by a bank approved by the County, payable to the order of the County to secure the obligations described above, and shall be pledged to the bank with evidence of delivery provided to the County. Interest on the certificate shall be payable to the Licensee. The amount of the security instrument shall be one hundred thousand U.S. Dollars ($100,000.00). If in the reasonable determination of the County Engineer the cost of repairing damage to County infrastructure exceeds the amount of such security, the County Engineer may suspend the license and halt Licensee's seismic survey operations until Licensee increases the amount of security of fully cover the amount of any current or reasonably anticipated firture damages. The security shall not be released until the County Engineer determines that any damage caused by Licensee has been satisfactorily repaired and/or paid for. 8. No Waiver Nothing in this License Agreement is intended or should be construed as absolving Licensee of any legal claim for damage County may be entitled to assert resulting from negligence or wrongful conduct of Licensee, or its agents, employees or subcontractors. No express or implied waiver of any claim is intended. 9. Miscellaneous a. Ownershin. The County makes no warranty as to ownership of either the mineral estate or the surface estate for the locations used for surveys. Licensee assumes all responsibility for detennining and acquiring permission to conduct its operations from the necessary parties. C: \users \mm31485 \appdata \local \microsR \windows \tempomry Internet files \contentoutlook \o6u781fn \row seismic permit (3).doa _ _ Page 6 Vol. _ �/ � — Pg. � Ski b. Compliance with Law. Licensee shall comply with all federal, state, and local laws, rules, or regulations which are applicable to its seismic survey operations. c. Severabilitv. If any provision of this Agreement is held to be illegal, invalid or unenforceable under present or future laws effective this Agreement is in effect, such provision shall be automatically deleted from this Agreement and the legality, validity and enforceability of the remaining provisions of this Agreement shall not be affected thereby, and in lieu of such deleted provision, there shall be added as part of this Agreement a provision that is legal, valid and enforceable and that is as similar as possible in terms and substance as possible to the deleted provision. d. Texas law to apply. This Agreement shall be construed under and in accordance with the laws of the State of Texas and the obligations of the parties in Brazos County, Texas. Venue for any litigation arising under this Agreement shall be in a court of appropriate jurisdiction in Brazos County, Texas. e. Sole Agreement. This Agreement constitutes the sole and only Agreement of the Parties hereto respecting the subject matte covered by this Agreement, and supersedes any prior understandings or written or oral agreements between the parties. f Amendments. No amendment, modification or alteration of the terms hereof shall be binding unless the same shall be in writing and dated subsequent to the date hereof and duly executed by the parties hereto. g. Right and Remedies Cumulative. The rights and remedies provided by this Agreement are cumulative and the use of any one right or remedy by either party shall not preclude or waive its right to use any and all other legal remedies. Said rights and remedies are provided in addition to any other rights the parties may have by law, statute, ordinance or otherwise. h. No Waiver. County's failure to take action to enforce this Agreement in the event of Licensee's default or breach of any covenant, condition, or stipulation herein on one occasion shall not be treated as a waiver and shall not prevent County for taking action to enforce this Agreement on subsequent occasions. i. Notice. County and Licensee hereby designate the following individuals to receive any notices required to be submitted pursuant to the terms of this Agreement: COUNTY LICENSEE / COUNTY ENGINEER r e a,' Se /#II 1. Da 1,2 2617 State Highway 21 West /k01 BAAWIA4 V Or / /SO Bryan, Texas 77803 rrr✓yr . C® 802�� j. Incorporation of Recitals. The determinations recited and declared in the preambles to this Agreement are hereby incorporated herein as part of the Agreement. k. Additional Terms and Conditions. Additional terms and conditions may be attached, before execution, as an exhibit to this Agreement. 1. Incorporation of Exhibits. All exhibits to this Agreement are incorporated herein by reference for all purposes wherever reference is made to the same. m. Headings. The paragraph headings contained in this Agreement are for convenience only and do not enlarge or limit the scope of meaning of the paragraphs. C:\ users \ram11485 \appdataVoml \mtcrostt \windows \temporary intemet files \contentoutlook \o6u781fn \row seismic permit (s).dota _ - -- - - - Page 7 Vol. IX Pg. 75-37— n. Gender and Number. Words of any gender used in this Contract shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural and vice versa, unless the context requires otherwise. List of Attached Exhibits: • Exliibit "A7— Insurance Requirements • Exhibit `B" — Licensee's Certificates of Insurance • Exhibit "C" — Seismic Project Route Plan Sheets • Exhibit "D" — Additional Terms and Conditions (if mry) [Licensee] orP�Nq�srwvsircYm. �h[ onm- srmsmwmmnarsemkow ImmW.NC 9aivb.NU NeWM Printed Name: Scott Stockton Title: Exec. Vice President Date: March 11, 2015 BRAZOS COUI$TY ENGINEER By: . 4,,et^ j�� County En 'ear Date: 3 C:\ users \mm11485 \appdate\ local \microsf \windows \temporary intmr ta1es \e0ntentont1ook \o6u78Ifn \rmv se ismic perm¢ (8).docx Page 8 Vol. a�6 Pg. X6/0 Exhibit "A" INSURANCE REQUEREMENTS During the term of this Agreement Licensee's insurance policies meet the following requirements: I. Standard Insurance Policies Required: A. Commercial General Liability B. Business Automobile Liability C. Umbrella / Excess Liability D. Workers' Compensation 11. General Requirements Applicable to All Policies: A. Only Insurance Carriers licensed and admitted to do business in the State of Texas will be accepted. B. Deductibles shall be listed on the Certificate of Insurance and are acceptable only on a per occurrence basis for property damage only. C. "Claims Made" policies are not accepted. D. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to City of College Station. E. Upon Request, certified copies of all insurance policies shall be furnished to the City of College Station. E The County, its officials, employees and volunteers, are to be named as "Additional Insured" to the Commercial General, Umbrella and Business Automobile Liability policies. The coverage shall contain no special limitations on the scope of protection afforded to the County, its officials, employees or volunteers. III. Commercial General Liability A. General Liability insurance shall be written by a carrier with a "A:V11I" or better rating in accordance with the current Best Key Rating Guide. B. Limit of $1,000,000.00 per occurrence for bodily injury and property damage with an annual aggregate limit of $2,000,000.00 which limits shall be endorsed to be per Project. C. Coverage shall be at least as broad as ISO form GC 00 01. D. No coverage shall be excluded from the standard policy without notification of individual exclusions being attached for review and acceptance. C:\ users \ram11485 \appdata \local \microsft\ windows \temporary internet ales \contentoutlook \oeu781fn \row seismic permit (3).doa _ Page 9 Vol. ��� Pg. ±6/ The coverage shall include but not limited to the following: premises /operations with separate aggregate; independent contracts: products /completed operations; contractual liability (insuring the indemnity provided herein) Host Liquor Liability, Personal & Advertising Liability; and Explosion, Collapse, and Underground coverage. IV: Business Automobile Liability A. Business Automobile Liability insurance shall be written by a carrier with a "A:VIII" or better rating in accordance with the current Best Key Rating Guide. B. Minimum Combined Single Unit Limit of $1,000,000.00 per occurrence for bodily injury and property damage. C. Coverage shall be at least as broad as Insurance Service's Office Number CA 00 01. D. The Business Auto Policy must show Symbol 1 in the Covered Autos Portion of the liability section in Item 2 of the declarations page. E. The coverage shall include owned autos, leased or rented autos, non -owned autos, any autos and hired autos. F. Pollution Liability coverage shall be provided by endorsement MCS -90, with a limit of 1,000,000.00. V: Excess Liability Umbrella for excess liability coverage following the form of the underlying coverage with a minimum limit of $5,000,000.00 or the total value of the contract, whichever is greater, per occurrence /aggregate when combined with the lowest primary liability coverage, is required for contracts exceeding $1,000,000.00 in total value. VI: Those policies set forth in Paragraphs III, IV, and V shall contain an endorsement naming the County as Additional Insured and further providing that the Licensee's policies are primary to any self - insurance or insurance policies procured by the County. The additional insured endorsement shall be in a form at least as broad as ISO form GC 2026. Waiver of subrogation in a form at least as broad as ISO form 2404 shall be provided in favor of the County on all policies obtained by the Licensee in compliance with the terms of this Agreement. Licensee shall be responsible for all deductibles which may exist in any policies obtained in compliance with the terms of this Agreement. All coverage for subcontractors shall be subject to the requirements stated herein. All. Certificates if Insurance and endorsements shall be furnished to the County's Representative at the time of execution of this Agreement, attached hereto as Exhibit B, and approved by the County before work commences. VII: Workers Compensation Insurance A. Pursuant to the requirements set forth in Title 28, Section 110.110 of the Texas Administrative Code, all employees of the Licensee, all employees of any and all subcontractors, and all other persons providing services on the Project must be covered by a workers compensation insurance policy: either directly through their employer's C: \users \ram11485 \appdata \local \microsft \windows \temporary internet files \contenLoutlook \o6u781fn \row seismic permit tal.dou -- — - - -- _._ i Page 10 Vol. 02/� pg. i policy (the Licensee's or subcontractor's policy) or through an executed coverage agreement on an approved Texas Department of Insurance Division of Workers Compensation (DWC) form. Accordingly, if a subcontractor does not have his or her own policy and a coverage agreement is used, contractors and subcontractors must use that portion of the form whereby the hiring contractor agrees to provide coverage to the employees of the subcontractor. The portion of the form that would otherwise allow them not to provide coverage for the employees of an independent contractor may not be used. B. Workers compensation insurance shall include the following terms: 1. Employer's Liability minimum limits of 1,000,000.00 for each accident/each disease/each employee are required. 2. "Texas Waiver of Our right to Recover From Others Endorsement, WC 42 03 04" shall be included in this policy. 3. Texas must appear in Item 3A of the Workers Compensation coverage or Item 3C must contain the following: All States except those listed in Item 3A and the States of NV, ND, OH, WA, WV, and WY. C. Pursuant to the explicit terms of Title 28, Section 110.110 © (7) Of the Texas Administrative Code, the bid specifications, this Agreement, and all subcontracts on this Project must include the following terms and conditions in the following language, without any additional words or changes, except those required to accommodate the specific document in which they are contained or to impose stricter standards of documentation: D. Definitions: Certificate of Coverage ( "certificate ") — An original certificate of insurance. A certificate of authority to self - insure issued by the Division of Workers Compensation, or a coverage agreement (DWC -81, DWC -83, or DWC -84), showing statutory workers' compensation insurance coverage for the person's or entity's employees proving services on a project, for the duration of the project. Duration of the project — includes the time from the beginning of the work on the project until the Licensee's /person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractors" in § 406.096[of the Texas Labor Code]- includes all persons or entities performing all or part of the services the Licensee has undertaken to perform on the project, regardless of whether that person contracted directly with the Licensee and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner- operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. c:\ users \ram11485 \appdata\ local \mict ft\windows \temporary internet fi1es \contentoutlook \o6u781fn \row seismic perm([ (s).doa Page 11 pg. 6 j_ "Services" does not include activities unrelated to the project, such as food/beverage vendors. Office supply deliveries, and delivery of portable toilets. E. The Licensee shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, that meets the statutory requirements of Texas Labor Code, Section 401.011 (144) for all employees of the Licensee providing services on the project, for the duration of the project. F. The Licensee must provide a certificate of coverage to the governmental entity prior to beginning work. G. If the coverage period shown on the Licensee's current certificate of coverage, ends during the duration of the project. The Licensee must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. H. The Licensee shall obtain from each person providing services on a project, and provide to the governmental entity: I. a certificate of coverage. Prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and 2. no later than seven calendar days after receipt by the Licensee, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 1. The Licensee shall retain all required certificates of coverage for the duration of the project and for one year hereafter. J. The Licensee shall notify the governmental entity in writing by certified mail or personal delivery, within 10 calendar days after the Licensee knew or should have known or any change that materially affects the provision of coverage of any person providing services on the project. K. The Licensee shall post on each project site a notice, in the text, form and manner prescribed by the Division of Workers Compensation, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. L. The Licensee shall contractually require each person with whom it contracts to provide services on a project to: 1. provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, that meets the statutory C.\ users \ram11485 \appdata \10cal \miaosft \windows \temporary internet files \contentoutlook\o6u781fn \row seismic permit (3).docx Page 12 Vol. Pg. 6 requirements of Texas Labor Code, Section 401.011 (44) for all of its employees providing services on the project, for the duration of the project; 2. provide to the Licensee, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person proving services on the project, for the duration of the project; 3. provide the Licensee, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 4. obtain from each other person with whom it contracts, and provide to the Licensee: a. A certificate of coverage, prior to the other person beginning work on the project; and b. A new certificate of coverage showing extension of coverage, prior to the end if the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 5. retain all required certificates pf coverage on file for the duration of the project and for one year thereafter, 6. notify the governmental entity in writing by certified mail or person delivery, within 10 calendar days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and 7. Contractually require each person with whom it contracts to perform as required by paragraphs (a) -(g), with the certificated of coverage to be provided to the person for whom they are providing services. M. By signing this contract, or proving, or causing to be provided a certificate of coverage, the Licensee is representing to the governmental entity that all employees of the Licensee who will provide services on the project will be covered by workers' compensation coverage for the duration of the project; that the coverage will be based on proper reporting of classification codes and payroll amounts; and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self - insured, with the Commission's Division of Self- Insurance Regulation. Providing false or misleading information may subject the Licensee to administrative penalties, civil penalties, or other civil actions. N. The Licensee's failure to comply with any of these provisions is a breach of contract by the Licensee that entitles the governmental entity to declare the contract void if the Licensee does not remedy the breach within ten calendar days after receipt of notice of breach from the governmental entity." VIII. Certificates of Insurance shall be prepared and executed by the insurance company or its authorized agent, and shall contain the following provisions and warranties: A. The company is licensed and admitted to do business in the State of Texas. B. The insurance policies provided by the insurance company are underwritten on forms that have been provided by the Texas State Board of Insurance or ISO. C: \users \ram11485 \appdata \local \microsft \windows \temporary internet fi1es \content0utlook \o6u781fn \row seismic permit (3).dou _ Page 13 Vol. .'� / pg _ C. All endorsements and insurance coverage according to requirements and instructions contained herein. D. The form of the notice of cancellation, termination, or change in coverage provisions to Brazos County. E. Original endorsements affecting coverage required by this section shall be famished with the certificates of insurance. C: \users \ram11485 \appdata \local \microsft \windows \temporary Internet files \contentoutlook \o6u781Cn \row seismic permit (3).docx .. _ Page 14 Exhibit "B" LICENSEE'S CERTIFICATES OF INSURANCE C:\ users \ram11485 \appdata \local \microsft \windows \temporary internet files \contentoutlook \o6u7Blfn \raw seismic permit (3).docx .... Page 15 Vol. ACORD CERTIFICATE OF LIABILITY INSURANCE 11,� DATE(MMIDONYYY) 1 03110/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the Certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION 15 WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER 1740 North Insurance &Risk Management Srvcs, Inc. 1740 North Collins Blvd, Suite 200 Richardson TX 75080 CANT ^a GRAYHAWK INSURANCE & RISK MANAGEMENT PHaNE (972) 671.9105 FAx .(972) 671 -9804 C-xNL R A NsURER .Padfiolndemnity Compare/ N CA 0346 INSURED TGC Industries, Ina dba Tidelands Geophysical Company, Inc. & Exploration Surveys, Inc. 101 East Park Blvd., #955 Plano TX 75074- .Federal Insurance Company 0281 INSURER .Great Northam Insurance Company 0303 .Padfic Indemnity Company 0346 I EACH OCCURRENCE a 1,000,000 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. E18R im TYPE OF INSURANCE ADD BIIBR POLICY NUMBER POLILWE F 0411412014 PODCYEYP 4114/201$ DhafB A GENERAL UABILfTY 35349743 EACH OCCURRENCE a 1,000,000 TIMERCIAL CLAIMS LADE � OCCUR DPMAGE TO RENTED 100,000 MEOEXP An one 10,000 PgRSQNAL&AWIWURY 11 1,000,000 OENL AGGREGATE LIMIT APPLES PER: GENERAL AGGREGATE 2,000,000 X POLICY ❑ JECT O LOG PRODUCTS - COMPIOP AGE f 2,000,000 S B AUTOMOBILE LIABILITY BAP73244265 142014 4/14/2015 COMBINEDSINGLE LIMIT S 1,000,000 ANY AUTO SOMLYINIURY(Perpereen) _ Ix ALL D AUTOS BODILY INJURY IPeravJtlenQ S X NON-OWNED HIRED AUTO AUTOS PROPERTY DAMAGE 4 d A X UMBRELLA LWB X OCCUR 79808950 04/142014 411412015 EACH OCCURRENCE 20,000,000 AGGREGATE A 20,0110,000 EXCESS DAB CLAIMS-MAD B WDHKERS COMPENSATION 7173643814 142014 4/14/2015 X I MIT, I I m1+ AND EMPLOYERS' LIABILITY EL EACH ACCIDENT 1,0110,000 ANYPROPRIETORIPAmNEREXECIDIVE OFFICEWMEMBER EXCLUDED? u (Mandatory le NMI NIA E.L. DISEASE - EA EUPL Y 1,000,000 D S6 dB6eAD9 Unde! E - POLICY 1,000,000 C POLLUTION LIABILITY 37334350 4/1412014 4/14/2015 EACH INCIDENT 1,000,000 AGGREGATE 2,000,000 ( ADDITIONAL NSURED STATUSNAND WAIVERS OF SUBROGATION ARE PROtAIDEDeBY AUTIX�ATIC BLANKET ENDORSEMENTS THAT APPLY ONLY WHEN THERE IS A WRITTEN CONTRACT WITH THE NAMED INSURED REQUIRING THESE PROVISIONS. PRIMARY AND NON CONTRIBUTORY MUST BE ADDED INDIVIDUALLY BY ENDORSEMENT. SHOULD ANY OF THE ABOVE DESCRIBED POLICES BE CANCELLED BEFORE STATE OF TEXAS THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN COUNTY OF BRAZOS ACCORDANCE WITH THE POLICY PROVISIONS. 2517 W.HWY21 BRYAN TX 77083- 1 AUTHORIZED REPRESENTATIVE ni--\ - ©1989.2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACO` Rama and logo- are - registered marks of ACORD Vol. /Y pg. .2 `e TRENTEC -01 MHENDERSON CERTIFICATE OF LIABILITY INSURANCE Dnr31912201D5 ) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER License # 4682 Fort Worth, TX-Hub International Insurance Services 421 West Third Street, Suite 800 Fort worth, 7x 76102 NFMEACT Margaret Henderson HQNN .817 820 -8100 alc Net 617 870 -0310 AD�B; Margaret.henderson@hublaternational.com INSUREP451 AFFORDING COVERAGE NAICS INSURP.RA: Sentinel Insurance Company, Ltd. 11000 INSURED Trend Technology, Inc. 130 Springpark Dr #205 Midland, TX 79705 INSURER B: Hartford Insurance Group 914 INSURERC: 07/09/2015 INSURER D: % 2,000,0 INSURER E: PRENSES axc�mrance INSIIRERF: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LLTR TYPE OF INSURANCE INSDI IeOLICYNUMBER MMIDD E M1TVDO LRa1S A X COAAIERUMI-GENERALUABILITY CIAIMSd1A a QOCCUR X 46SBAUK2466 0710912014 07/09/2015 EACHOCCURRENCE % 2,000,0 PRENSES axc�mrance $ 100,00 NED EXP(Any one person) $ 10,00 PERSONAL d ADV INJURY $ 2,000,00 GENL AGGREGATE UMn- APPLIMPER: POLICY ❑ JPE"RTT EI LOC OTHER: GENERALAGGREGATE $ 4,000.00( PRODUCTS- COMP)OPAGG $ 4,000,000 $ A AUTOMOBILE WLBLRY ANY AUTO AU OS SCHEDDLED AUTOS AUTOS HIREDALnDS � ED X 48SSAUK2466 07109/2014 07/09/2015 (DMENEDSINGLEUMIT em.4. $ 2,000,00 BODILY INJURY(Perpemn) S X BODILY INJURY(Peramaa� $ accident) $ A X UMBRELLA DAB UUMCBMSLNB X OCCUR CLAIMSAIACE BAUK2466 07109 /2014 07/0912015 EACH OCCURRENCE $ 4,000,00 AGGREGATE $ DED I X I RETENTION$ 101000 ggregate $ 4,000,0 B WORKERS COMPENSATION ANDEMPLOYERS'LASILRY ANYM0PRIErORrPARTNER,E)XEOUTNE YIN O ICER/MEMBER EXCLUDED? � (Mandatory in NH) Sm desedbe under OE$ CRIPTIONOFOPERATONSbekw NIA 46WBCAL0747 07119/2014 07(08/2015 j( - ETATUTE ER ELEACHACCIDENT $ 1,000,00 EL DISEASE -EA EMPLOYE $ 1,000,0 E.L. DISEASE - POLICY LIMB DESCRFrION Of OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, ArMIBaMI RamaYaa Schedule, may be attached I more space Is required) The General Liability Policy and Auto Liability policies Includes a blanket automatic additional Insured endorsement that provides additional insured status to the ce rtificate holder when there Is a written contract between the named insured and the certificate holder requiring such status subject to policy terms and conditions. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Brazos County Texas THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 2617 TX -21 ACCORDANCE WITH THE POLICY PROVISIONS. Bryan, TX 77803 AUTHORMED REPRESENTATIVE rn1QRA- 9n1AACr1Rn CnRPnWaTInN All .inHk romn.od ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD Vol. dg. a 61 VECTSEI OP ID: SA DATE(NMIDD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 03/1012015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS HE POLICIES CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY T BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURE HE HE POLICIES REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pOlicAIDS) must 6e endorsed. If SUBROGATION IS WAIVED, subject to the terms and Conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(a). Jewell In Insurance Associates 8480 E. Orchard Road, Ste 5500 Greenwood L. Village, CO60111 Richard L. Rohrer, CPCU, CIC NAME OT Susan Salazar PHOne .303 - 740 -a101 N,;303- 4964009 &MAIL ADDRESS: susatls °Ia.COm INSURERS AFFORDING COVERAGE NAM INSURED ectorSeismicData Library Division rv§URERA:Ironshore Special Ins.Co. INauITERa: A INSURER C: 1801 Broadway, Ste 1150 Denver, CO 80202 INSURER D: 04/11/2015 EACH OCCURRENCE INSURER E: P EMIS 5 aDccunence COVFRAr9CA NSURER R: PERSONAL S ADV INJURY '—"""_'•'— ^ °•• "' KtVIA-ION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NTR TYPEOFMSURANCE GENERAL LMa1LITY POLICYNUMBER POLIC E POL LIMITS A X COMMERCIALGENERALLIABILITY CIAIMSJdADE OCCUR AGS0068200 04111/2014 04/11/2015 EACH OCCURRENCE 5 1,000,00 P EMIS 5 aDccunence $ 50,00 $ 5,00 MED W Nmf one person) PERSONAL S ADV INJURY $ 1,000,00 GENERALAGGREGgTE $ 2,000,00 GENT AGGREGATE UNIT APPLIES PER: X POLICY PRO. LOC AUTOMOBILE LIABILITY ANYAUTO AUTOY,NED AUTOS ED AUTOS AUTOS HIRED AUTOS NON-0VJNED PRODUCTS- COMP/OpgGO § 2,000,00 Emp Ben. ED INGLEUMI aaldan E 1,000,00 $ BODILY INJURY (P., person) $ BODILY WJURY (Per eocNerrO $ PROPERTY GE ERACCIDE $ $ UMBRELLA IJAB UCM LIAB OCCUR CWMS44ADE EACH OCCURRENCE $ AGGREGATE 5 DEO RETEm1ON$ WORIO?RS COMPENSATION ANOEMPLOYERS'LMTNE YIN ANY OERIM5ETOR, EXCLUDED? EXCLUDED? ❑NIA (Mandatary In NH) ,MYeadeaedbeundsr DESCRIPTION OF OPERATIONS bcb WD STATU. TH- $ E.L. EACH ACCIDENT E E.L. DISEASE -EA EMPLOYE § E.L. DISEASE - POLICY MIT § DESCRIPTION OF OPERATIONS LOCATIONS IWHIC SS (Attach ACORD 101, Additlonal Remarks Schedule, It more apace Is required) MillicanED 2D Project CFRTICIRATC U I nee _ _ _.__. TTTTTTT SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE State of Texas THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN County of Brazos ACCORDANCE WITH THE POLICY PROVISIONS. 2617 W. Hwy 21 Bryan, TX 77803 AUTHORIZED REPRESENTATIVE ©1988.2010 ACORD CORPORATION. All u,e ne.vraw nerve ergo Togo are mgisTereo mar85 OT ACORD Vol. pg, e? o Exhibit "C" SEISNUC PROJECT ROUTE PLAN SHEETS C: \users \ram11486 \appdata \local \microsft \windows \temporary Internet Poes \contentoutlook \o6u781fn \raw seismic permit (3).docx — - -`— Page 16 Seismic Project Route Plans will be submitted as soon after the source and receiver locations are surveyed. We are currently in the permitting phase of this survey. / s- ��� Exhibit "D" ADDTI'IONAL TERMS AND CONDITIONS C: \users \ram11485 \appdata \local \micro ft\ windows \temporary internet ftles \=ntentoutiook\o6u781fn \row seismic permit (3).docx - - - - -- - Page 17 Vol. o� /j pg,o3%Sl BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT: Road & Bridge MEETING DATE: March 31, 2015 SUBJECT: Right -of -Way Acquisition Acceptance of Special Warranty Deed from the JAW Irrevocable Trust dated 5 -14- 2003 for 0.95 acres of land to be used for improvements to Old Reliance Road located in Precinct 2. The following supporting documentation is attached for reference: • Copy of Special Warranty Deed • Copy of Right -of -Way Acquisition Agreement • Copy of Fence Building Option SUBMITTED BY: Darrell W. Kolwes Right of Way Agent APPROVED BY: Oya na Commissioner Precinct 2 This request is ROVE IED b Commissioners' Court IL Duane Peters, County Judge DATE: '2,I�I�I� �/ pg.5 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER Special Warranty Deed THE STATE OF TEXAS COUNTY OF BRAZOS Old Reliance Road KNOW ALL MEN BY THESE PRESENTS: GRANTOR(S): The Trustee of the JAW Irrevocable Trust dated 05 -14 -2003 Grantor's Mailing Address: P. O. Box 2608 Bryan, Texas 77805 -2608 GRANTEE: BRAZOS COUNTY, TEXAS Grantee's Mailing Address: 300 East 26th Street Bryan, Texas 77802 Consideration Ten and No /100 dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. Property (including any improvements): All that certain lot, tract or parcel of land being 0.95 of one acre of land situated in the ABNER LEE SR. SURVEY, Abstract No. 32, Brazos County, Texas and being a part of that certain called 106.52 acre tract as described in deed from John A. Winkler to the Trustee of the JAW Irrevocable Trust recorded in Volume 5841, Page 147, of the Official Records of Brazos County, Texas, said 0.95 of one acre being more particularly described by metes and bounds description as shown in Exhibit "A and B" attached hereto and made a part hereof for all purposes. Reservations from and Exceptions to Conveyance and Warranty: There is hereby EXCEPTED and RESERVED from this conveyance, and retained in favor of the Grantor, their heirs, executors, administrators, successors and assigns, in perpetuity, all of the oil, gas, liquid hydrocarbons, residue gas, the products and by- products of the foregoing, sulphur, coal, lignite, uranium, and all other minerals in, on or under the hereinabove described property; provided, however, Grantor, their heirs, personal representatives, executors, successors and assigns shall have no right of ingress and egress at any times for the purpose of mining, drilling, exploring, operating and developing said lands for oil, gas, and other minerals or for storing, removing, transporting, processing or marketing the same there from. This reservation and exception shall, however, include the right of Grantor, its successors and assigns, to grant leases on the property to develop same by directional drilling, pooling, unitization, or subsurface gasification, or liquefaction processes. Notwithstanding anything herein to the contrary, the Grantee shall have the right to use, without additional compensation, any stone, earth, gravel, caliche, iron ore or any other road building material upon, in or under the property for the construction and maintenance of road or roads thereon, such materials, for the purposes of this conveyance, being herein defined as not constituting 'other minerals." This conveyance is made and accepted subject to any and all conditions, restrictions, if any, relating to the hereinabove described property, to the extent, and only to the extent, that the same may still be in force and effect, shown of record in the office of the County Clerk of Brazos County, Texas. Grantor, for the consideration and subject to the reservations from and exceptions to conveyance and warranty, grants, sells and conveys to Grantee the property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to Grantee, Grantee's successors or assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators, and successors to warrant and forever defend all and singular the property to Grantee and Grantee's successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through, or under Grantor, but not otherwise, except as to the reservations from and exceptions to conveyance and warranty. When the context requires, singular nouns and pronouns include the plural. Executed this I a 4L day of / t S a r r— � , 2015 The Trustee of the JAW Irrevocable Trust dated 05 -14 -2003 By: � 61-Fu14i 11ev �1/ Joffn A. Winkler, Trustee Acknowledgment STATE OF TEXAS § COUNTY OFBRAZOS § mm This instrument was acknowledged before me on /PokL,c� ja/ a O by John A. Winkler as Trustee of the JAW Irrevocable Trust dated 05 -14 -2003. �. DANiEII W KOWS 9 � & .7 -.7. My Commis" EWm Notary Public, State ofI'exas J* 23.2018 '/'q, Pg. "2 %� 1 I r n .E)(. Vl � Li T FIELD NOTES BRAZOS COUNTY OLD RELIANCE ROAD R.O.W. IMPROVEMENTS TRACT NO. 1A & 18 0.95 ACRES OUT OF THE JAW IRREVOCABLE TRUST CALLED 106.52 ACRE TRACT VOLUME 5841, PAGE 147 ABNER LEE SURVEY, A -32 BRAZOS COUNTY, TEXAS SEPTEMBER 17, 2014 All that certain lot, tract or parcel of land being 0.95 acres situated in the ABNER LEE SURVEY, Abstract No. 32, Brazos County, Texas, and being a part of that certain Called 105.52 acre tract as described in deed from John A. Winkler to the Trustee of the JAW Irrevocable Trust of record in Volume 5841, Page 147, Official Records of Brazos County, Texas, said 0.95 acre tract being more particularly described in two (2) tracts as follows: TRACT 1A: BEGINNING at a point for the most northerly corner, said corner being the calculated most northerly corner of said Called 106.52 acre tract; THENCE S 42 031'55" W, across the said Called 106.52 acre tract a distance of 555.27 feet to a 1/2 "' Iron Rod with Cap set for angle point; THENCE S 42 01510" W continuing across the said Called 106.52 acre tract a distance of 602.19 feet to a 1/2 "' Iron Rod with Cap set for the most southerly corner, said comer also being in a northeasterly line of the Called 1.25 acre tract as described in Volume 6286, Page 50, a calculated northeasterly corner of said Called 1.25 acre tract bears S 51056,00" E a distance of 153.94 feet; THENCE N 51 °56'00" W, across the said Called 106.52 acre tract and a northeasterly line of said Called 1.25 acre tract a distance of 23.98 feet to a PK Nail found for the most westerly corner, said corner being in the northwesterly line of said Called 106.52 acre tract, said corner also being the most northerly corner of said Called 1.25 acre tract, said corner also being in the Occupied southeasterly right -of -way line of Old Reliance Road; THENCE N 41053'54" E, along the calculated northwesterly line of said Called 106.52 acre tract and the southeasterly line of Old Reliance Road a distance of 580.77 feet to a calculated point for corner in the northwesterly line of said Called 106.52 acre tract, said corner also being in the Occupied southeasterly right -of -way line of Old Reliance Road; THENCE S 48 005'37" E, continuing along the northwesterly line of said Called 106.52 acre tract a distance of 3.65 feet to a calculated point for corner; THENCE N 44 038'42" E, continuing along the northwesterly line of said Called 106.52 acre tract and the southeasterly line of Old Reliance Road a distance of 180.91 feet to a 1/2" Iron Rod with Cap found for angle point; FOl. /8 _- P9•�y i Er N Li / H „ 11 � THENCE N 44 059'23" E, continuing along the northwesterly line of said Called 106.52 acre tract and the southeasterly line of Old Reliance Road a distance of 398.12 feet the PLACE OF BEGINNING CONTAINING AN AREA OF 0.50 OF ONE ACRE OF LAND MORE OR LESS IN TRACT 1 A. TRACT 1 B: BEGINNING at a 1/2" Iron Rod with Cap set for the most westerly corner, said comer being in the calculated northwesterly line of said Called 106.52 acre tract, said corner also being in the Occupied southeasterly right -of -way of Old Reliance Road, a 24" Post Oak found for reference in said northwest line bears S 41054'09"W a distance of 31.19 feet; THENCE N 41054'09" E, along the calculated northwesterly line of said Called 106.52 acre tract and the Occupied southeasterly right -of -way line of Old Reliance Road a distance of 993.43 feet to a calculated point for the most northerly corner, said corner being the most westerly corner of the Called 1.25 acre tract as described in Volume 6286, Page 50; THENCE S 51 055'49" E across the said Called 106.52 acre tract and along a southwesterly line of said Called 1.25 acre tract a distance of 23.79 feet to a 1/2" Iron Rod with Cap set for the most easterly corner, said corner being in a southwesterly line of said Called 1.25 acre tract, a 1/2" Iron Rod with Cap found for a point of curvature of said southwest line of Called 1.25 acre tract bears S 51055'49" E 133.32 feet; THENCE S 42 015'10" W across the said Called 106.52 acre tract a distance of 846.43 feet to a 1/2" Iron Rod with Cap set for angle point, said corner being the beginning of a curve; THENCE along said curve in a clockwise direction having an arc length of 133.29 feet, a radius of 500.00 feet, with a delta angle of 15 016'27 ", a chord bearing of S 49 °53'23" W and a chord length of 132.90 feet, to the PLACE OF BEGINNING CONTAINING AN AREA OF 0.45 OF ONE ACRE OF LAND MORE OR LESS IN TRACT 1 B. Both Tracts containing a Total Area of 0.95 acres of land more or less according to a survey performed on the ground during the month of August, 2014 under the supervision of H. Curtis Strong, Registered Professional Land Surveyor No. 4961 and working under Firm No. 10093500. North Orientation is based on rotating the northeast line to grid north, NAD83(2011)epoch 2010.00 Texas State Plane, Central Zone as derived by GPS observations. For other information see accompanying plat. °<�� pg. ddb 1 ■| ■, 4 ell | !� \ | ! z / (| ■ ± §/ ; ) §� � } } � � ( ) §Rjk� \�■\ � - /22 00 f / /§ \g _/ a $\ ) � k Vol. � /, §� §■ §! }! \!!\ �! \! § §/ §/ !!!) /!!! � { za � � � §]! .9 Vol. � /, §� §■ §! }! \!!\ �! \! § §/ §/ !!!) /!!! � { za � � � lip (Rt O� o °m 4 Q R z H� v� x S e5 V a, S 3 _ WLe - im: s" m tyro a$ Z CCW �G O I— nM y 1 W D Q : ? Oe °G � �'' s mUiyF' W ¢ r )cezz"S¢�� �o i� 000�1wn loer^pE � iW QJZ.g Z ° 3 J °< a <� J W J O Vol. 41 of pg. ;2 J�2, --0 k LL: a1� • o d: m t� rbyy c :;•�� 1 .i yP x x .R y3 <. e y�- S�ES u gFE a'a _poe io - ZFO- _S:t Vol. 41 of pg. ;2 J�2, RIGHT -OF -WAY ACQUISITION AGREEMENT Road: Old Reliance Project: R2 -169 W.O. No.: 33213 Precinct: 2 I (we) the undersigned owner(s), accept payment of $8,075.00 as compensation and full settlement for granting of Special Warranty Deed in, along, upon and across 0.95 acre of property located on above mentioned project. The Trustee of the JAW Irrevocable Trust dated 05 -14 -2003 By: ��J'c�-/,�r�q"Vlc /1�1� John A. Winkler, Trustee FEI: 7-5 (7 % l) a ?-? 7 FENCE BUILDING OPTION AND /OR RESPONSIBILITY ACCEPTANCE Road: Old Reliance Project: R2 -169 W.O. No.: 33213 Precinct: 2 I (we) the undersigned owner(s), desire to have BRAZOS COUNTY construct the fence -for the above mentioned project. It is also understood that upon completion and agreed acceptance of said fence, ANY and ALL maintenance becomes PROPERTY OWNER(S) RESPONSIBILITY. I (we) the undersigned owner(s), elect to construct the new fence for the above mentioned project. In consideration, I (we) wish to receive payment of $4,705.00 for approximately 2,138' of fence. It is also understood that this payment relieves BRAZOS COUNTY from ANY and ALL responsibility in regards to fencing. The Trustee of the JAW Irrevocable Trust dated 05 -14 -2003 Joffn A. Winkler, Trustee FO �� Pg.__��/ BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT: Road & Bridge MEETING DATE: March 31, 2015 SUBJECT: Right -of -Way Acquisition Acceptance of Special Warranty Deed from John A. Winkler and wife, Erna Winkler for 0.02 acres of land to be used for improvements to Old Reliance Road located in Precinct 2. The following supporting documentation is attached for reference: • Copy of Special Warranty Deed • Copy of Right -of -Way Acquisition Agreement • Copy of Fence Building Option SUBMITTED BY: <Q "o L'w' Darrell W. Kolwes Right of Way Agent This request is APPROVED BY: Commissioners' Court Duane Peters, County Judge DATE: 313d I S NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER Special Warranty Deed THE STATE OF TEXAS COUNTY OF BRAZOS Old Reliance Road KNOW ALL MEN BY THESE PRESENTS: GRANTOR(S): JOHN A. WINKLER AND WIFE, ERNA WINKLER Grantor's Mailing Address: P. O. Box 2608 Bryan, Texas 77805 -2608 GRANTEE: BRAZOS COUNTY, TEXAS Grantee's Mailing Address: 300 East 26th Street Bryan, Texas 77803 Consideration: Ten and No /100 dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. Property (including any improvements): All that certain lot, tract or parcel of land being 0.02 of one acre of land situated in the ABNER LEE SR. SURVEY, Abstract No. 32, Brazos County, Texas and being a part of that certain called 1.25 acre tract as described in deed from JAW Irrevocable Trustto John A. Winkler and wife, Erna Winkler recorded in Volume 6286, Page 50, of the Official Records of Brazos County, Texas, said 0.02 of one acre being more particularly described by metes and bounds description as shown in Exhibit "A and B" attached hereto and made a part hereof for all purposes. Reservations from and Exceptions to Conveyance and Warranty: There is hereby EXCEPTED and RESERVED from this conveyance, and retained in favor of the Grantor, their heirs, executors, administrators, successors and assigns, in perpetuity, all of the oil, gas, liquid hydrocarbons, residue gas, the products and by- products of the foregoing, sulphur, coal, lignite, uranium, and all other minerals in, on or under the hereinabove described property; provided, however, Grantor, their heirs, personal representatives, executors, successors and assigns shall have no right of ingress and egress at any times for the purpose of mining, drilling, exploring, operating and developing said lands for oil, gas, and other minerals or for storing, removing, transporting, processing or marketing the same there from. This reservation and exception shall, however, include the right of Grantor, its successors and assigns, to grant leases on the property to develop same by directional drilling, pooling, unitization, or subsurface gasification, or liquefaction processes. Notwithstanding anything herein to the contrary, the Grantee shall have the right to use, without additional compensation, any stone, earth, gravel, caliche, iron ore or any other road building material upon, in or under the property for the construction and maintenance of road or roads thereon, such materials, for the purposes of this conveyance, being herein defined as not constituting "other minerals." This conveyance is made and accepted subject to any and all conditions, restrictions, if any, relating to the hereinabove described property, to the extent, and only to the extent, that the same may still be in force and effect, shown of record in the office of the County Clerk of Brazos County, Texas. Grantor, for the consideration and subject to the reservations from and exceptions to conveyance and warranty, grants, sells and conveys to Grantee the property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to Grantee, Grantee's successors or assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators, and successors to warrant and forever defend all and singular the property to Grantee and Grantee's successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through, or under Grantor, but not otherwise, except as to the reservations from and exceptions to conveyance and warranty. When the context requires, singular nouns and pronouns include the plural. Executed this %l— day of arm 2015 John Aoinkler V -f hA�n l(!� E a Win. er �i� Acknowledgment STATE OF TEXAS § COUNTY OF BRAZOS § I This instrument was acknowledged before me on mAk-e h a� oZ0 S by John A: Winkler. I RREI.I W ItOIWEf COmmissiae Expires ldiy 23, 2018 Acknowledgment Q(,).74 Notary Public, State ofrexas STATE OF TEXAS § COUNTY OFBRAZOS § This instrument was acknowledged before me on ^ �� �° i S by Erna Winkler. 8 CRinmission =JjNE Notary Public, State ofTexas 23, 20 8. ii 1( FIELD NOTES BRAZOS COUNTY OLD RELIANCE ROAD R.O.W. IMPROVEMENTS TRACT NO. 2 0.02 OF ONE ACRE OUT OF THE JOHN A. WINKLER & ERNA WINKLER CALLED 1.25 ACRE TRACT VOLUME 6286, PAGE 50 ABNER LEE SURVEY, A -32 BRAZOS COUNTY, TEXAS SEPTEMBER 10, 2014 All that certain lot, tract or parcel of land being 0.02 of one acre situated in the Abner Lee SURVEY, Abstract No. 32, Brazos County, Texas, and being a part of that certain Called 1.25 acre tract as described in deed from JAW Irrevocable Trust to John A. Winkler & Erna Winkler of record in Volume 6286, Page 50, Official Records of Brazos County, Texas, said 0.02 of one acre tract being more particularly described by metes and bounds as follows: BEGINNING at a PK Nail found for the most northerly corner, said corner being the most northerly corner of said Called 1.25 acre tract, said corner also being in the northwesterly line of Called 106.52 acre tract as described in Volume 5841, Page 147, said corner also being located in the southeasterly right -of -way line of Old Reliance Road; THENCE S 51056'00" E, along a northeasterly line of said Called 1.25 acre tract a distance of 23.98 feet to a 1/2'" Iron Rod with Cap set for the most easterly corner; THENCE S 42 015'10" W, across the said Called 1.25 acre tract a distance of 30.08 feet to a 1/2 "' Iron Rod with Cap set for the most southerly corner, said corner being in a southwesterly line of said Called 1.25 acre tract, a 1/2 "' Iron Rod found for a point of curvature in a southwesterly line of said Called 1.25 acre tract bears S 51 °55'49" E a distance of 157.12 feet; THENCE N 51055'49" W along a southwesterly line of the said Called 1.25 acre tract a distance of 23.79 feet to a calculated point for the most westerly corner, said corner being the calculated most westerly corner of said Called 1.25 acre tract, said corner being in the northwesterly line of the said Called 106.52 acre tract, said corner also being in the Occupied southeasterly right -of -way line of said Old Reliance Road; THENCE N 41054'09" E along the most westerly line of said Called 1.25 acre tract and the Occupied southeasterly right -of -way line of said Old Reliance Road a distance of 30.07 feet to the PLACE OF BEGINNING CONTAINING AN AREA OF 0.02 OF ONE ACRE OF LAND MORE OR LESS, according to a survey performed on the ground during the month of August, 2014 under the supervision of H. Curtis Strong, Registered Professional Land Surveyor No. 4961 and working under Firm No. 10093500. North Orientation is based on rotating the northeast line to grid north, NAD83(2011)epoch 2010.00 Texas State Plane, Central Zone as derived by GPS observations. For other information see accompanying plat. Vol. &21&' pg_ ad% !§`! �\ § ! u� )) § ef� }� }} � § ! . }\ �k i{ z } / it \ ) 4 §a) | z — �u�W�e�< 2R �� ¥, d�e�a)�� ` zzu-zzu U 2 zap ; cb /o��jA& §-` \ § / \kz§ /\ \�§ ad 2 I� ±da -/ _ z E � ) \ " ^ ° -- |§,§■ ! | ■|§ § §\)]§ • , ;,fie � � � � « � )� FENCE BUILDING OPTION AND /OR RESPONSIBILITY ACCEPTANCE Road: Old Reliance Project: R2 -169 W.O. No.: 33213 Precinct: 2 �! I (we) the undersigned owner(s), desire to have BRAZOS COUNTY construct the fence for the above mentioned project. It is also understood that upon completion and agreed acceptance of said fence, ANY and ALL maintenance becomes PROPERTY OWNER(S) RESPONSIBILITY. I (we) the undersigned owner(s), elect to construct the new fence for the above mentioned project. Inconsideration, I (we) wish to receive payment of $110.00 for approximately 48' of fence. It is also understood that this payment relieves BRAZOS COUNTY from ANY and ALL responsibility in regards to fencing. John -K Winkler Date: f�a /?,) LS i5rk;yM.'L' a Wi der n Date: � 8 " � . /'J /�_ Pg. o� %� RIGHT -OF -WAY ACQUISITION AGREEMENT Road: Old Reliance Project: R2 -169 W.O. No.: 33213 Precinct: 2 I (we) the undersigned owner(s), accept payment of $2,069.00 as compensation and full settlement for granting of Special Warranty Deed in, along, upon and across 0.02 acre of property located on above mentioned project. John . inkler ? /-'' -1OJ /- Date: SSN: r (.�—� Eta Wi cler 3�18��5 Date: �f /��- 31.9334 SSN: 19 BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2014 -2015 BUDGET YEAR NO. 14/15 26.1-26.3 On this the 31st day of March 2015 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 31 st day of March 2015 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 31 st day of March 2015. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. By. Duane Peters, County Judge Original: County Clerk's Office and Attached to the original budget Vol. BRAZOS COUNTY, TEXAS BUDGETAMENDMENTS No. 14115 - 26.1 3/3112015 FUND DIV ACCT PROJ DRICR ACCOUNT NAME Increase Decrease 0100 11001500 61130000 CR Contingency 35 466.00 0100 31000200 51610000 DR Hourly - Staff 24 689.00 0100 31000200 53100000 CR Social Security 1 8'89.00 0100 31000200 53200000 DR Retirement 3,456.00 0100 31000200 53800000 DR Worker's Comp '85.00 0100 31000200 53900000 DR Unmnployinent Insurance 148.00 0100 31000200 53101000 DR Flex Benefit 33.00 0100 1 31000200 53300000 1 DR lEmployee Health Insurance 5,166.00 General F¢¢d Con!Lngency and Juvenile Services- Detention Reallocation of funds to support the approved personnel than es that were approved on March 24, 2015 Item #6. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS Mn 1d /l5 _'IF') va Pg. 9i L -_ BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 14115 - 26.3 - Detention of funds to pay for a temporary employment service for a nursing services for the Juvenile Detention Center until a full time can be hired Vol. x/01 pg. PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: March 31, 2015 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Change Requests Department Submitting Request(s) Employee Request Applies To Action'iRequested Justice of the Peace 4 Palomares, Maria Reinstated Emp Juvenile Services Azua III, Amado Transfer Win Dept. Road and Bridge Widener, Rickey Retirement S.O. — Jail Ray, David Sifuentez, Gabriel Resignation New Hire Treasurer Morgan, Ashley Step Increase Approved in Commissioners' Court: Marc 15: County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) Vol. 20