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2015-06-09 10:00AM REGULAR MEETING
BRAZOS COUNTY BRYAN,TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT 7'15 J*IJN -5 .A l 4 3 THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON JUNE 9, 2015 AT 10:00 AM IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVE., SUITE 106, BRYAN, TX 77803 ]._' 1. Invocation and Pledge of Allegiance - U.S. and Texas Flag - Chaplain G. H. Jones and Commissioner Cauley 2. Call for Citizen input and /or concerns. Consider and take action on agenda items 3 - 18: 3. Out of state travel request for Shertff Chris Kirk to attend the National Sheriffs Association Annual Conference in Baltimore MO• dates of travel are June 26 - July 2 2015. 4. Payment Authorization to Hams NIA Coro in the amount of $38.91 for meals purchased for law enforcement personnel by the Sheriff's Office, 5. Acceptance of the following donated property to the Pct 1 Constables Office: • a Cash donation in the amount of $612.40 from Greens Prairie Elementary. • b Cash donation in the amount of $1,000,00 from Girl Scout Troup 9020 6. Approval of the following Job Description for Transition Position /Office Clerk !Class Code 213, Position 11. 7. Approval of contract with Strong Surveying in the amount of $19,000 for miscellaneous surveying work for Road and Bridge. g. Approval of contract with Lexis Nexis fAccurintl for the Justice of the Peace Pct 2 and 4. g, Award of contract 2015 -45 Janitorial Chemicals and Trash Baas. 10. Approval of amendment to contract # 2015 -68R Pest Control Services in order to add the new Tax Office location. The increase in coEl will r T ee S-W,06 Per rmnonth, Vol. / pg. 1' 11. `VA 13. Tax Refund Applications for the following: ' a Citi Financialoverpavment- 5509.02 14. Budget Amendments. Budget Amendments FY 14115 36.1 - 36.13 15. Personnel Change of Status. Personnel Action Forms 16. Payment of Claims. 17. Convene into Executive Session pursuant to Texas Government Code 551.071 to consult with attorney about pending or contemplated litigation and /or a settlement offer. 18. Consider and take possible action on executive session. 19. Acknowledgement of the Brazos County Emergency Service District No. 1 Independent Auditors' 20. Sheriffs report on inmate population. 21. Announcement of interest items and possible future agenda topics. 22. Call for Citizen input and /or concerns. 23. Adjourn. Vol. 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. Parsons are invited to submit comments in writing on the agenda hems andlor 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 Chadian under Section 81.024 of the Texas Local Government Code. Accordingly, members of the public in attendance at any Regular, Special andlor Emergency meeting of the Court shall conduct themselves with proper respeC and decorum in speaking to, andlor addressing the Court; in participating in public discussions before the Court, and in all actions in the presence of the Court Those members of the public who are inappropriately attired andlor vmo 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 andlor 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 andlor any person in the Court's presence andlor rectal, ethnic or gender slurs or epithets will not be tolerated. Violation of these rules may result in the tollowing sanctions: 1, cancellation of a speakers time; 2. removal from the Commissioners Court 3. a Contempt Citation', andlor 4. such other andlor 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 odor to the meeting. During the public comment period, speakers may address matters not listed on the published agenda. The Open Meeting Lew 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 makers the Commissioners Court will consider, the County Judge andlor 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 7551.042. INVOCATION Any invocation that may be offered before the official start of the Court meeting shall be m and for the benefit of the Court. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Court and do not necessarily represent the religious beliefs or views of the Court in part or as a whole. No member of the community is required to attend or participate in the invocation and such decision will have no impact on their right to actively participate in the business of the Court. The Commissioners Courtroom of the County Administration Building, 200 South Texas Ave., Suite 106, Bryan, TX 77803 is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must, be made two working days before the meeting. To make arrangements, please call (979) 3614102. Fol�� % I'g. `i� % BRAZOSCOUNTY BRYAN,TEXAS MINUTES June 9, 2015 BRAZOS COUNTY COMMISSIONERS COURT REGULAR MEETING 0 Signature Paae.0 0 File stamped agwda.pdf 0 Sian in sheet.pdf A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Brazos County Commissioners Courtroom in the Administration Building, 200 South Texas Avenue, in Bryan, Brazos County, Texas, beginning at 10:00 a.m. on Tuesday, June 9, 2015 with the following members of the Court present: Duane Peters, County Judge, Presiding, Lloyd Wassermann, Commissioner of Precinct 1, Absent; 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 2. Call for Citizen input and /or concerns. There was no citizen's input. Consider and take action on agenda items 3 - 18: Vol. _,2 Pg. 3. Out of state travel request for Sheriff Chris Kirk to attend the National Sheriffs Association Annual Conference in Baltimore, MD, dates of travel are June 26 - July 2, 2015. L0-- 1 tan3,pd f Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 4 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters. Members Absent: Wassermann. 4. Payment Authorization to Harris N/A Corp in the amount of $38.91 for meals purchased for law enforcement personnel by the Sheriffs Office. 0 Item 4.pdf Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy Catalena. Passed. 4 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters. Members Absent: Wassermann. 5. Acceptance of the following donated property to the Pct. 1 Constables Office: • a. Cash donation in the amount of $612.40 from Greens Prairie Elementary. • b. Cash donation in the amount of $1,000.00 from Girl Scout Troup 9020. L= I tan5,pd f Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy Catalena. Passed. 4 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters. Members Absent: Wassermann. 6. Approval of the following Job Description for Transition Position /Office Clerk (Class Code 213, Position 1). CL- -11tan 6.0f A copy of the job description is attached Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Kenny Mallard. Passed. 4 -0. Members voting Aye: Catalena, Cauley , Mallard , Peters. Members Absent: Wassermann. Approval of contract with Strong Surveying in the amount of $19,000 for miscellaneous surveying work for Road and Bridge. -- ltanTpd f Commissioner Cauley questioned the bidding on this contract. Purchasing Agent Charles Wendt explained it was an RFO in 2013 and that it was a four year contract, A copy of the contract is attached. Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by Commissioner Kenny Mallard. Passed. 4 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters. Members Absent: Wassermann. 8. Approval of contract with Lexis Nexis (Accurint) for the Justice of the Peace Pct. 2 and 4. 0 ltan 8.0d f A copy of the contract is attached. F Vol. Ate/ Py_� Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 4 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters. Members Absent: Wassermann. 9. Award of contract 2015 -45 Janitorial Chemicals and Trash Bags. 0 Item 9.odf The Court accepted as submitted the recommendation of the Purchasing Agent and awarded Bid Contract 2015 -45 as follows: Pollock Paper: Items: 1, 2, 3, 5, 9,13 and 15 Crown Paper and Chemical: Items: 8, 10, 16,18 19, 20, 24, 25, and 26 Ray Criswell: Items: 6, 7, 12, 22, 27, 28, and 30 ProStar Industries: Items: 4, 11, 14, 17, and 21 All American Poly: Items: 32 and 33 No Award: Items: 23, 29, and 31 A copy of the bid tabulation is attached. -0. Members voting Aye: Catalena , Cauley , Mallard , Peters. Members Absent: Wassermann. 10. Approval of amendment to contract # 2015 -68R Pest Control Services in order to add the new Tax Office location. The increase in cost will be $40.00 per month. 9D= Item 10.odf A copy of the amended contract is attached. Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 4 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters. Members Absent: Wassermann. 11. Consider and take action on the Wellborn Special Utility District utility permit to construct a road bore for a 1 -inch water line crossing under Peach Creek Road 5,485 feet North of SH 6. Crossing will be a minimum of 36 inches below the bottom of the drainage ditch. Site is located in Precinct 1. fry- Item 11.pdf Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy Catalena. Passed. 4 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters. Members Absent: Wassermann. 12. Consider and take action on the FWP Holdings, LLC utility permit to install temporary 10" polyurethane (flat hose) water line within and along the right -of -way of Edge School House Road and Jack Manning Road. Project will provide water to oil well. Site is located in Precinct 2. 0 Item 12.odf Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by Commissioner Kenny Mallard. Passed. 4 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters. Members Absent: Wassermann. 13. Tax Refund Applications for the following: • a. Citi Financial- overpayment - $509.02 O tmi13.pdf Vol. oZ �— pg. 5 Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 4 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters. Members Absent: Wassermann. 14. Budget Amendments. Budget Amendments FY 14/15 36.1 - 36.13 --- iten 14.odf Commissioners Court approved the following budget amendments with the condition that 36.5 be corrected to $900.00. 36.1 Transfer of funds from General Fund Contingency to Fleet Maintenance Services. 36.2 Reallocate funds for Juvenile Services. 36.3 Reallocate funds for Constable, Precinct 4. 36.4 Reallocate funds for Sheriffs Department. 36.5 Reallocate funds for Constable, Precinct 2. 36.6 Reallocate funds for Juvenile Services. 36.7 Reallocate funds for Capital Improvement - Jail. 36.8 Reallocate funds for Capital Improvement - Constable, Precinct 4. 36.9 Reallocate funds for Constable, Precinct 4. 36.10 Reallocate funds for MPO. 36.11 Budget for Sheriffs Office NRA Grant. 36.12 To recognize a donation to Constable, Precinct 1. 36.13 Reallocate funds for Capital Improvement - Information Technology. Motion: Approve w/ Conditions , Moved by Commissioner Kenny Mallard, Seconded by Commissioner Irma Cauley. Passed. 4 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters. Members Absent: Wassermann. 15. Personnel Change of Status. Personnel Action Forms LED Item 15.odf A copy of the Personnel Change of Status requests is attached. Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy Catalena. Passed. 4 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters. Members Absent: Wassermann. 16. Payment of Claims. Q BILL LIST 06.09.15.odf 1B Claims ShW.pdf 7133399 - 7133604 Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by Commissioner Kenny Mallard. Passed. 4 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters. Members Absent: Wassermann. 17. Convene into Executive Session pursuant to Texas Government Code 551.071 to consult with attorney about pending or contemplated litigation and /or a settlement offer. At this point, the County Judge announced the Court would consider items 19 through 22 then return to convene into Executive Session. Having considered the previously noted agenda items, at 10:14 a.m. the County Judge Vol. - stated that the Court would convene into Executive Session to deliberate pursuant to Texas Government Code 551.071 as stated above. The following individuals were asked to stay for the meeting: Candy Gallego, Executive Assistant Bill Ballard, Civil Counsel Kendra Suhling, Civil Counsel 18. Consider and take possible action on executive session. At 10:21 a.m. the County Judge announced the meeting open to the public and on motion by Commissioner Catalena, seconded by Commissioner Cauley, the Court voted unanimously to approve a settlement agreement. Per Kendra Suhling, Civil Counsel, no further information was needed for the minutes. Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 4 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters. Members Absent: Wassermann. 19. Acknowledgement of the Brazos County Emergency Service District No. 1 Independent Auditors' Report and Financial Statements for the year ended September 30, 2014. 21 It2 19.0f The Court acknowledged receipt of the Brazos County Emergency Service District No. 1 Independent Auditor's Report and Financial Statements for the year ended September 30, 2014. 20. Sheriffs report on inmate population. Sheriff Chris Kirk stated there were 608 inmates in jail, 66 have electronic monitors and 15 are pending for monitors. 21. Announcement of interest items and possible future agenda topics. Commissioner Mallard announced that he attended a meeting with the Health District and their outside Auditor concerning mandates. The West Nile virus was also discussed and he asked everyone to take precautions. Commissioner Cauley announced that the Brazos Valley Museum of Natural History is offering free admission for military, veterans, and their family members through the month of September. She encouraged all to visit the museum. Judge Peters reminded everyone that the ribbon cutting and open house for the new Tax Office location will be at 4:30 p.m. today. 22. Call for Citizen input and /or concerns. There was no citizen's input. 23. Adjourn. Ed- The foregoing minutes of the Commissioners Court m( �eeting held June 9, 2015 have been examined and are approved in open Court this I day of 2015, in Bryan Brazos County, Texas. Duane Peters County Judge i✓w (A ct cast rya , Lloyd Commissioner, Precinct 1 Z� , "Ij 74Z�-- my Cata na Kenny Mallar Commissi er, Precinct 2 Commissioner, Precinct 3 Oke /7 Irma Cauley Commissioner, Precinct 4 Attest: Karen McQueen County Clerk Vol. ,� �� � °g. ✓ J`' Name COMMISSIONERS COURT MEETING 4,w- �� Date and Time M Organization /Department D -0 Pub co AAE1d,9 2 c . val. / Pg._jZ/— COMMISSIONERS COURT MEETING -!�D / 6 10 " 0 D arr Date and Time Name Organization /Department S � Date 06102/2015 BRAZOS COUNTY, TEXAS 5 ACCEPTANCE OF DONATED/AWARDED PROPERTY DONATION OF COUNTY PROPERTY © Acceptance of Donated/Awarded Property (Awarded property requires signed court documentation) Item Description $612 40 E] Donation of County Property Please provide all information requested below as applicable to the property being accepted or donated Forms containing any blank fields will be returned for completion Make SNNIN 9 Model Year Functional Non Functional Explain if Non Functional Additional Descnption/lnfotmation Check from Greens Praine Elementary to Preanct 1 Constable Estimated value 5 612 40 M Check box for Capital Asset (value/inaral cost is over $5000) Check the appropriate account based on estmated value of property being accepted 61235000(Donalwn Other) 60010000 (No Asset Tag UnderS500) © 67010000 (Minor Property $500 54999) ❑ 000too0o(CapnalPropeny Over$5000) •nnnnnnn —Other to he used for funds donated to Brazos Check the appropriate entity property donated to Government Entity Precinct 1 Constable 0 Organmation Name Other (Due to Statuatory requirements pnorapproval is required by Purchasing Organization Name use of a non county expenditure I certify that the above mentioned item has been donated or awarded to Brazos County This item has been received in good faith and upon approval by Commissioner s Court will become a part of the General Fixed Asset Account of Brazos County The determination to accept or reject the donation will be made at the sole discretion of Commissioners Court based upon such things as usefulness projected operating maintenance and insurance costs Requesting Department Precinct 1 Constable Office Department Name Organization Receiving Donated Property Approv by Co r toners Co is day of ��/� ©� Commissioners Court Approval 1------ - -___� Vol. a� a2 �_ pg. S _i BRAZOS COUNTY, TEXAS ACCEPTANCE OF DONATEDIAWARDED PROPERTY DONATION OF COUNTY PROPERTY Date 06/02/2015 © Acceptance of Donated/Awarded Property [:]Donation of County Property (Awarded property requires signed court documentation) Item Description $1000 Please provide all information requested below as applicable to the property being accepted or donated Forms containing any blank fields will be returned for completion Make SNNfN /1 Model Year Functional Non Functional Explain if Non Functional Additional Description/Information Check Girl Scout Troup 9020 to Precinct 1 Constable Estimated Value $1 000 00 ❑ Check box for Capital Asset (value /mitial cost is over $5000) Check the appropriate account based on Check the appropriate entity property being estimated value of property being accepted donated to C] 61235000(Donation Other) GDvcmment Entity Precinct 1 Constable Office ❑ 60010000 (No Asset Tag Under s500) Organization Name © 67010000(MmorPmperty s500 54999) Other (Due to Statuatory gt1o10000 (Capital Property OverS5000) requirements pnorapproval is required by Purchasing Organ imtion Name 'Donation —Other to be usedjorjunds donated to Brazos Counryjor use oja non county erpenditure 1 certify that the above mentioned item has been donated or awarded to Brazos County This item has been received in good faith and upon approval by Commissioner s Court will become a part of the General Fixed Asset Account of Brazos County The determination to accept or reject the donation will be made at the sole discretions of Commissioners Court based upon such things as usefulness projected operating maintenance and insurance costs Requestmg Department Precinct 1 Constable Office Department Name A Organization Receiving Donated Property App ed by Co issi ners Coup on — — —i mod— ( — — — — — — — — — Commissioners Court Approval Vol. a '�'- / pg., J 7 F sjY a Brazos County Job Description Last Updated: September 2014 R Template Revision 1.20&1512012 Class Number: 213 Title: Transition Training Pay Group: 17 Department: County Judge FLSA Status: Non Exempt Reports To: County Judge Approved Date: 10/01/2014 EEOC Category: Office and Clerical Position End Date: 05131115 Temporary Employee\ Signature: V W J Q > General Summary: This position works on special projects as needed. Essential Duties: Other Duties as assigned. 1 Supervision Received: I County Judge Given: This is a non - supervisory position. Education Required: Preferred: Experience Required: Preferred: Certificates, Licenses, Registrations Required: None. Preferred: Physical Demands Typical: Vol. "2 .2-l-, pg.,J y APR VEI➢ Duane Peters Date County Judge Vol. Fig._S % AGREEMENT BETWEEN COUNTY AND SURVEYOR THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. THIS AGREEMENT is made on the 9 day of June 2015, Between the COUNTY: BRAZOS COUNTY, TEXAS c/o Brazos County Commissioners' Court Attention: County Judge 200 South Texas Ave., Ste, 332 Bryan, Texas 77803 and the SURVEYOR: Strong Surveying 1722 Broadmoor. Ste. 105 Bryan, TX 77802 for the following PROJECT: Professional SURVEYOR and Surveying Services for miscellaneous surveying uroiects as described in Exhibit A. The COUNTY and SURVEYOR agree as set forth below. ARTICLE I SURVEYOR'S RESPONSIBILITY 1.1 SURVEYOR'S SERVICE 1.1.1 The SURVEYOR'S services consist of those services performed by the SURVEYOR, SURVEYOR'S employees and the SURVEYOR'S consultants as enumerated in Articles 2 and 3 of this Agreement. 1.1.2 The SURVEYOR'S services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Work. The SURVEYOR shall submit for the COUNTY'S approval a schedule for the performance of the SURVEYOR'S services which may be adjusted as the Project proceeds and shall include allowances for periods of time required for the COUNTY'S review and for approval of submissions by authorities having Agreement Between County and SURVEYOR -- Pagel of9 E Epg g jurisdiction over the Project. Time limits established by this schedule approved by the COUNTY shall not, except for reasonable cause, be exceeded by the SURVEYOR or the COUNTY. ARTICLE II SCOPE OF SURVEYOR'S BASIC SERVICES 2.1 DEFINITION 2.1.1 The SURVEYOR'S Basic Services consist of those described in attached Exhibit "A" and incorporated by reference hereto — SCOPE OF BASIC SERVICES TO BE PROVIDED BY Strong Surveying TO BRAZOS COUNTY. ARTICLE III ADDITIONAL SERVICES 3.1 Article M Intentionally Deleted, ARTICLE IV COUNTY'S RESPONSIBILITY 4.1 The COUNTY shall provide full information regarding requirements for the Project, including a program, which shall set forth the COUNTY's objective, schedules, constraints and criteria. 4.2 The COUNTY shall establish and update an overall budget for the Project, including the Construction Cost, the COUNTY'S other costs and reasonable contingencies related to all of these costs. 4.3 The COUNTY shall designate a representative authorized to act on the COUNTY'S behalf with respect to the Project. The COUNTY, or such authorized representative, shall render decisions in a timely manner pertaining to documents submitted by the SURVEYOR in order to avoid unreasonable delay in the orderly and sequential progress of the SURVEYOR'S service. 4.4 The COUNTY shall give prompt written notice to the SURVEYOR if the COUNTY becomes aware 'of any fault or defect in the Project or non - conformance with the contract documents. Any delay by the COUNTY in providing said notice shall not constitute a waiver, a bar or act to estop the COUNTY from exercising any of its rights under this contract. 4.5 Examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by the SURVEYOR, obtain advice of an attorney, insurance counselor and other consultants as the COUNTY deems appropriate for such examination and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of the SURVEYOR. 4.6 The proposed language of certificates or certifications requested of the SURVEYOR or the SURVEYOR'S consultants shall be submitted to the SURVEYOR for review and approval at least 14 days prior to execution. The COUNTY shall not request certifications that would require knowledge or services beyond the scope of this Agreement. Agreement Between County end SURVEYOR —- Page 2 of 9 Vol. 02 a pg. 4.7 The COUNTY shall also provide those specific items identified in the attached Exhibit A incorporated by reference hereto — ITEMS TO BE PROVIDED BY THE COUNTY TO THE SURVEYOR. ARTICLE V CONSTRUCTION COST 5.1 ARTICLE V INTENTIONALLY DELETED. ARTICLE VI USE OF SURVEYOR'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS 6.1 The COUNTY shall be the absolute and unqualified owner of all drawings, preliminary layouts, record drawings, sketches and other documents prepared pursuant to this Agreement by the SURVEYOR with the same force and effect as if the COUNTY prepared same. Copies of complete or partially completed mylar reproducible, preliminary layouts, record drawings, sketches and other documents prepared pursuant to this Agreement shall be delivered to the COUNTY when and if this Agreement is terminated or upon completion of this Agreement, whichever occurs first. The SURVEYOR may retain one set of reproducible copies of the documents and these copies shall be for the SURVEYOR'S sole use in preparation of studies or reports for the COUNTY. The SURVEYOR is expressly prohibited from selling, licensing, or otherwise marketing or donating these documents, or using the documents in preparation of other work for any other client, without the prior express written permission of the COUNTY. 6.2 All documents including reports, drawings and specifications prepared by the SURVEYOR pursuant to this Agreement are instruments of service in respect of the Project. They are not intended or represented to be suitable for reuse by the COUNTY or others on extensions of the Project or on any other project. Any reuse without written verification or adaptation by the SURVEYOR for the specific purposes intended will be at the COUNTY'S sole risk and without liability or legal exposure to the SURVEYOR. Any such verification or adaptation will entitle the SURVEYOR to further compensation at rates to be agreed upon by the COUNTY and the SURVEYOR. 6.3 Submission or distribution of documents to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the SURVEYOR'S reserved rights. ARTICLE VII TERMINATION, SUSPENSION OR ABANDONMENT 7.1 This Agreement may be terminated by either party upon not less than fourteen (14) days written notice should the other party fail to substantially perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. 7.2 If the COUNTY suspends the Project for more than thirty (30) consecutive days, the SURVEYOR shall be compensated for services performed prior to notice of such suspension. Agreement Between County and SURVEYOR Page 3 of 9 EVol• _c! 02� 1'g, to � 7.3 This Agreement may be terminated by the COUNTY upon not less than fourteen (14) days written notice to the SURVEYOR in the event that the Project is permanently abandoned. If the COUNTY abandons the Project for more than ninety (90) consecutive days, the SURVEYOR may terminate this Agreement by giving written notice. 7.4 If the COUNTY fails to give prompt written authorization to proceed with any phase of services after completion of the immediately preceding phase, the SURVEYOR may, after giving seven (7) days written notice to the COUNTY, suspend services under this Agreement. 7.5 Failure of the COUNTY to make payments to the SURVEYOR in accordance with this Agreement shall be considered substantial nonperformance and cause for termination. 7.6 If the COUNTY fails to make payment when due to the SURVEYOR for services and expenses, the SURVEYOR may, upon seven (7) days written notice to the COUNTY, suspend performance of services under this Agreement. Unless the SURVEYOR receives payment in full within seven (7) days of the date of the notice, the suspension shall take effect without further notice. In the event of a suspension of services, the SURVEYOR shall have no liability to the COUNTY for delay or damage caused by the COUNTY because of suspension of services. 7.7 In the event of termination that is not the fault of the SURVEYOR, the SURVEYOR shall be compensated for services performed prior to termination, together with Reimbursable Expenses, if any, then due. ARTICLE VIII MISCELLANEOUS PROVISIONS 8.1 Unless otherwise provided, this Agreement shall be governed by the law of the principal place of business of the COUNTY. Venue for any dispute or disagreement regarding the terms of this Agreement shall be in Brazos County, Texas. 8.2 Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to have accrued and the applicable statutes of limitation shall commence to run not later than either the date of Substantial Completion, or the date of issuance of the final Certificate for Payment for acts or failures to act occurring after Substantial Completion. 8.3 The COUNTY and the SURVEYOR, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representative of such other party with respect to all covenants of this Agreement. Neither the COUNTY nor the SURVEYOR shall assign this Agreement without the express written consent of the other party. 8.4 This Agreement represents the entire integrated agreement between the COUNTY and the SURVEYOR and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both the COUNTY and the SURVEYOR. 8.5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the COUNTY or the SURVEYOR. Agreement Between county and SURVEYOR Page 4 of 9 F Vol. � ��- Pg . � .3_ 8.6 The SURVEYOR shall have the right to include representations of the design of the Project, including photographs, among the SURVEYOR'S promotional professional materials. The SURVEYOR'S materials shall not include the COUNTY'S confidential or proprietary information, if the COUNTY has previously advised the SURVEYOR in writing of the specific information considered by the COUNTY to be confidential or proprietary. 8.8 COMPLIANCE AND STANDARDS. The SURVEYOR agrees to perform the work hereunder in accordance with generally accepted standards applicable thereto, and shall use that degree of care and skill commensurate with the surveying profession to comply with all applicable state, federal and local laws, ordinances, rules and regulations relating to the work to be performed hereunder and the SURVEYOR'S performance. 8.9 SURVEYING SERVICES: In accordance with the Professional Land Surveying Practices Act of 1989, the COUNTY is informed that any complaints about surveying services maybe forwarded to the Texas Board of Professional Land Surveying, 7701 North Lamar, Suite 400, Austin, Texas 78752, (512) 452 -9427. 8.10 INDEMNIFICATION: SURVEYOR shall save and hold harmless the COUNTY from and against any and all claims and liability due to activities of the SURVEYOR, its agents or employees, performed under this Agreement and which result from any negligent act, error, or omission of the SURVEYOR, or of any person employed by the SURVEYOR. The SURVEYOR shall also save harmless the COUNTY from and against any and all expenses, including attorney's fees which might be incurred by the COUNTY in litigation, or otherwise, resisting said claims or liabilities which might be imposed on the COUNTY as the result of such activities by the SURVEYOR, its agents or employees. 8.11 LIQUIDATED DAMAGES: It is acknowledged that the SURVEYOR's failure to achieve substantial completion of the Work within the Contract Time provided by the Contract Documents will cause the COUNTY to incur substantial economic damages and losses of types and in amounts which are impossible to compute and ascertain with certainty as a basis for recovery by the COUNTY of actual damages, and that liquidated damages represent a fair, reasonable and appropriate estimate thereof. Accordingly, in lieu of actual damages for such delay, the SURVEYOR agrees that liquidated damages may be assessed and recovered by the COUNTY as against SURVEYOR and its Surety, in the event of delayed completion and without the COUNTY being required to present any evidence of the amount or character of actual damages sustained by reason thereof; therefore SURVEYOR shall be liable to the COUNTY for payment of liquidated ' damages in the amount of $0 for each day that Substantial Completion is delayed beyond the Contract Time as adjusted for time extensions provided by the Contract Documents. Such liquidated damages are intended to represent estimated actual damages and are not intended as a penalty, and SURVEYOR shall pay them to COUNTY without limiting COUNTY's right to terminate this agreement for default as provided elsewhere herein. Agreement Between County and SURVEYOR Page 5 of 9 Fol-ii/ Pg._6 ARTICLE IX PAYMENTS TO THE SURVEYOR 9.1 PAYMENTS ON ACCOUNT OF BASIC SERVICES 9.1.1 Upon approval by the COUNTY, or the COUNTY'S designee, payment for Basic Services shall be made monthly and shall be in proportion to services performed that month within each phase of service. 9.2 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES 9.2.1 Upon approval by the COUNTY or the COUNTY'S designee of the SURVEYOR'S statement of services rendered or expenses incurred, payment on account of the SURVEYOR'S Additional Services and for Reimbursable Expenses shall be made monthly. 9.3 PAYMENTS WITHEELD 9.3.1 No deductions shall be made from the SURVEYOR'S compensation on account of penalty, liquidated damages or other sums withheld from payments to Contractors, or on account of the cost of changes in the Work other than those for which the SURVEYOR has been found to be liable. 9.4 SURVEYOR'S ACCOUNTING RECORDS 9.4.1 Records of Reimbursable Expenses pertaining to Additional Services and services performed on an hourly basis shall be available to the COUNTY or the COUNTY'S authorized representative at mutually convenient times. 9.5 LIMIT OF APROPRIATION 9.5.1 Prior to the execution of this Agreement, the SURVEYOR has been advised by the COUNTY and the SURVEYOR fully understand and agrees, such understanding and agreement being of the absolute essence to this Agreement, that the total maximum compensation that SURVEYOR may become entitled to hereunder, and the total maximum sum that the COUNTY shall become liable to pay to the SURVEYOR hereunder, shall not, under any conditions, circumstances or interpretations hereof, exceed the sum certified as available by the County Auditor in the Auditor's Certificate attached hereto. ARTICLE X BASIS OF COMPENSATION The COUNTY shall compensate the SURVEYOR from funds obtained through current revenue of Brazos County as follows: 10.1 BASIC COMPENSATION 10.1.1 For Basic Services, as described in Article 2, Basic Compensation shall be computed as follows: Agreement Between County and SURVEYOR Page 6 of 9 Vol. _�% Pg. �5 In accordance with the attached Exhibit "A" incorporated by reference hereto, SCHEDULE OF FEES. 10.2 Payments shall be made by the COUNTY in accordance with Texas Government Code Chapter 2251. The COUNTY shall pay the SURVEYOR'S statement as approved by the COUNTY's designee within thirty (30) days after the COUNTY'S designee's approval of the same, provided that the approval or payment of any such statement shall not be considered to be evidence of performance by the SURVEYOR to the point indicated by such statement or of receipt or acceptance by the COUNTY of the work covered by such statement. ARTICLE XI OTHER CONDITIONS OR SERVICES 11.1 INSURANCE 11.1.1 The SURVEYOR shall file with the COUNTY a Certificate of Errors and Omissions Insurance having minimum limits of One Million and No /100 Dollars ($1,000,000.00) for each occurrence and annual One Million and No /100 Dollars ($1,000,000.00) aggregate. Such Errors and Omissions Insurance shall have a deductible not in excess of Two Hundred Thousand and No /100 Dollars ($200,000.00) self- insured. Such Certificate shall bear the endorsement `Not to be canceled without thirty (30) days prior notice to BRAZOS COUNTY, TEXAS." The SURVEYOR shall maintain the Errors and Omissions Insurance at all times this Agreement is in effect and for a period of five (5) years after completion of the Project. Failure to maintain the required insurance shall be deemed to be a material breach of this Agreement. 11.1.2 The SURVEYOR shall also provide Worker's Compensation, automobile and comprehensive general liability policies. The SURVEYOR shall deliver the insurance certificates to the COUNTY. The coverage provided herein shall contain an endorsement providing thirty (30) days notice to the COUNTY prior to any cancellation of coverage. Said coverage shall be written by an insurer acceptable to the COUNTY and shall be in a form acceptable to the COUNTY. If the SURVEYOR has canceled or allowed to lapse any of these insurance policies then the COUNTY may pay for such insurance and may hold the amount of such payment out of the SURVEYOR's fees or be otherwise reimbursed. Failure to maintain the required insurance shall be deemed to be a material breach of this Agreement. 11.2 PERIODS OF SERVICE 11.2.1 The SURVEYOR shall begin work immediately upon receipt of the Notice -to- Proceed in writing by the COUNTY or the COUNTY's designee. The project will proceed according to the schedule shown in Exhibit "A." The schedule makes certain assumptions regarding review processes and other activities that are beyond the control of the SURVEYOR. 11.2.2 Working days shall be defined as standard workdays between Monday and Friday, exclusive of holidays. 11.2.3 This schedule assumes an orderly progression of the SURVEYOR'S services. Delays beyond the control of the SURVEYOR may be cause for extension of this period of service, in which case the SURVEYOR shall submit in writing to the COUNTY its request for such extensions a minimum of thirty (30) calendar days prior to the end of the affected service period. Agreement Between County and SURVEYOR -- Page 7 of Vol. pg. 1- 11.2.4 If the COUNTY has requested significant modifications or changes in the general scope, extent or character of the Project, the time or performance of the SURVEYOR'S services shall be adjusted equitably. Agreement Between County and SURVEYOR Page 8 of 9 Ki o2/— Py7z This Agreement entered into as of the day and year first written above. The undersigned officers and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto, and each party hereby certifies to the other that any necessary resolution extending said authority have been duly passed and are now in force and effect. OS CO , AS SURVEYOR FIRM Duane Peters, County Judge by: Principal Acting by and through the authority of the Brazos County Commissioners Court Attest: County Clerk Approved as to Form: Assistant County Agreement Between County and SURVEYOR Page 9 af9 E. Vol. _� 02L =-� TRONG 1722 Broadmoor, Suite 105 Bryan, Texas 77802 URVEYING LLC Phone: (979) 776 -9836 � Fax: (979) 731— 0096 FIRM No. 10093500 Email: curtis@strongsurveying.com May 26, 2015 R. Alan Munger, PE County Engineer Brazos County Road & Bridge 2617 SH 21 West Bryan, Texas 77803 979 - 822 -2127 ext.3033 979 - 775.0453 fax RAM unger @brazoscountytx.gov RE: 2015 Scope of Services ................. Dear Mr. Munger, I appreciate the opportunity to provide professional land surveying services for Brazos County. After our meeting and upon review of each road, please let this letter serve as a cost estimate for the following services: 1) 1 & GN Road from Proposed Greens Prairie Trail toward Straub (1500 Lf.) and Stousland Road from Wade Road to Saddle Creek Drive ( 1100 I.f.) Topographic survey and Boundary Survey for Proposed Road widening. Cost Not To Exceed $12,000.00. 2) Merka Road drainage Easement from Messina Hof Tract to Ed Froehling's Tract Topographic Survey along edge of roadway (500 I.f.) Cost Not To Exceed $ 2000.00. 3) Wheelock Hall Road — From Power Line to south of Pond Topographic Survey (1600 I.f.) Cost Not To Exceed $ 5000.00. The Total Cost for all services WILL NOT EXCEED $19,000.00. Should you have any questions, please give me a call at 776 -9836. Sincerely, H. Curtis Strong, RPLS Via:email Vol. _��� P - r 5/28/2015 4:31 PM fi)'LexisNexis- SCHEDULE A Accurint for Government (Transactional) Agency (Customer) Name: Brazos County Justice of the Peace Billgroup #: LN Account Manager: Andrew Aldenderfer This Schedule A sets forth additional or amended terms and conditions for the use of the Accurint for Government services ( "LN Services "), as set forth in the services agreement between Customer and LN or LN's affiliate(s) for the LN Services ( "Agreement "), to which this Schedule A is incorporated by reference. The LN Services herein shall be provided by LexisNexis Risk Solutions FL Inc. ( "LN "). Customer acknowledges that the services provided under this Schedule A are non -FCRA services and are not "consumer reports" within the meaning of the FCRA and Customer agrees not to use such reports in any manner that would cause them to be characterized as "consumer reports ". 1. SCHEDULE A TERM The term of this Schedule A will be 12 months beginning 7/1/2015 ( "Initial Term "), and shall automatically renew for additional periods of twelve (12) months ('Renewal Term "), unless written notice of termination is provided to either party at least sixty (60) days prior to the expiration of the Initial Term or any Renewal Term. If an account is activated after the first day of a calendar month, charges will not be pro- rated. 2. ACCURINT FOR GOVERNMENT FEES 2.1 Customer shall pay the prices detailed in the attached price schedule. 2.2 Customer shall pay to LN each month the greater of: (i) actual transactional charges or; (ii) the monthly minimum commitment of $50.00 ( "Monthly Minimum Commitment "). 3. EXPIRATION Unless otherwise accepted by LN, the terms herein are valid if the Schedule A is signed by the Customer and received by LN on or before 612112015. 4. CONFIDENTIAL INFORMATION This Schedule A contains the confidential pricing information of LN. Customer acknowledges that the disclosure of such pricing information could cause competitive harm to LN, and as such, Customer agrees to maintain Sc RDTO ust and confidence and take reasonable precautions against such disclosure to any third party. AGND C PTED BY: Brazos Co nt Jv_t:�_f .rte. `. Sig (� Name: War)2 Title: Date: Page 1 of 8 Accurint for Government (Plan 46) 206695.1v1 s 5/28/2015 4:31 PM Accurint for Government (Plan 46) (Pricing is per hit unless otherwise indicated. All features priced $.35 or less are not discounted, in addition to nnv feahira indirafarl as not disrnuntadt Page 2 of 8 Accurint for Government (Plan 46) Vol. 9 ?_ � Pg.__ ?� _ 206695. ivl PRICE SCHEDULE (Transactional) FEATURES v ..'... _ a<,. r r Advanced Person Search $0.50 American Board Of Medical Specialties Search $1.00 Associates ( "Next Steps") $1.00 Bankruptcies, Liens & Judgments Search (Charged Per Search) $0.50 Bankruptcies (Charged Per Search) $0.25 Bankruptcies Report $1.00 Bankruptcy Docket Sheet ($0.50 For First 5 Pages & $0.20 Per Page Thereafter) (not discounted $0.50 Bankruptcy Documents (Per Page, Up To Max Charge Of $6 Per Document) (not discounted $0.20 Boolean Search $2.00 Business Credit $0.25 Business Credit -Report _ $20.00 BusinesslnstantlD (Charged Per Search) $1.30 Business InstantlD & FraudDefender (Charged Per Search) $1.30 Business Search $0.35 Businesses In The News (not discounted) $5.00 Canadian Phones $0.40 Case Audit Compliance $0.00 Case Connect Deconfliction Alerts $0.00 Civil Courts Search (Report Included) (Charged Per Search) $2.00 CLIA Search (not discounted) $0.25 Concealed Weapons Permit $0.25 Corporation Filings (Report Included Except In Delaware) $1.00 Court Search Wizard (Additional Fees May Apply; Orders Are Non - Refundable) (not discounted County Civil Lower & Upper Court - 7 Year $35.00 County Civil Lower & Upper Court - 10 Year $40.00 County Criminal - 7 Year $25.00 County Criminal - 10 Year $30.00 Federal Division Civil - 7 Year $16.00 Federal Division Civil -10 Year $25.00 Federal Division Criminal - 7 Year $16.00 Federal Division Criminal -10 Year $25.00 Statewide Criminal $24.00 Criminal Records (Charged Per Search) $1.00 Criminal Records Report $1.00 DEA Controlled Substances License Search $0.25 Death Records Charged Per Search $0.25 Delaware Corporations not discounted) $1.00 Page 2 of 8 Accurint for Government (Plan 46) Vol. 9 ?_ � Pg.__ ?� _ 206695. ivl 5/28/2015 4:31 Ph1 Delaware Corporations Report (not discounted) $11.00 Disclosed Entity Service (not discounted) $5.00 Driver Licenses $0.75 Email Search $0.40 FAA Aircraft (Report Included) $0.25 FAA Pilots (Report Included) $0.25 Federal Firearms & Explosives $0,25 Federal Employer ID Numbers (FEIN) $0.50 Fictitious Business Name $0.50 Foreclosures Search (Report Included) $1.00 Government Location Report (Charged Per Search) $1.00 Hunting/Fishing Licenses $0.25 InstantlD Consumer Search (Charged Per Search) $0.75 InstantlD Consumer & FraudDefender Search (Charged Per Search) $1.05 Internet Domains $0.25 Liens & Judgments (Charged Per Search) $0.25 Liens & Judgments Report $1.00 Marriages / Divorces Search $1.00 Motor Vehicles Search $0.75 Motor Vehicles Report $1.00 MVR Reports (Driving Records (Charged Per Search ) (not discounted) $0.00 Alabama 3 -Year $12.00 Delaware $21.50 Florida 3 -Year $7.15 Florida 7 -Year $8.15 Illinois $17.00 Indiana 7 -Year $11.00 Iowa $13.50 Kansas $11.50 Maine 3 -Year $12.00 Minnesota 5 -Year $7,50 Mississippi 3 -Year $16.00 Nebraska 5 -Year $8.00 North Carolina 7 -Year $13.00 Rhode Island 3 -Year $23.00 South Carolina 3 -Year $12.25 Tennessee 5 -Year $12.00 Utah 3 -Year $12.25 Vermont 3-Year $18.00 West Virginia 7 -Year $10.00 National Motor Vehicle Accident Search & Report (not discounted) $3.00 National UCC Filings (Report Included) $1.00 NCPDP (National Council for Prescription Drug Programs) Search (Charged Per Search $0.50 NCPDP (National Council for Prescription Drug Programs) Report (Charged Per Search $1.50 Neighbors ( "Next Steps ") (not discounted) $0.25 Page 3 of 8 206695.Sv1 Accurint for Government (Plan 46) 5/28/2015 4:31 PM NPI Search (not discounted) $0.25 NPI Report $0.50 Official Records Search (Report Included) $0.25 Passport Validation (Charged Per Search) $1.00 Patriot Act (Char ed Per Search) $0.25 People At Work Search $1.00 People In The News (not discounted) $5.00 Person Alerts Monitoring (Monthly Monitoring Transactions Per Acct.) (Alerts Charged At Regular Price 1 -50 $3.00 51 -250 $15.00 251 -500 $30.00 501 -1,000 $60.00 1,001 - 5,000 $300.00 5,001 - 25,000 $1,500.00 25,001 - 100,000 $6,000.00 Professional Licenses Charged Per Search) $1.00 Property Assessment Search $1.00 Property Assessment Report $1.00 Property Deed Search $1.00 Property Deed Report excluding Deed Image) $1.00 Property Deed Image (additional charge when ordered from within Property Reports) not discounted $6,00 Property Search (Property Assessments, Deeds & Mortgages ) $2.00 Property Report (Property Assessments, Deeds & Mortgages, excluding Deed Image) $2.00 Provider Search $0.25 Provider Report $5.00 Provider Report Card (Charged Per Search) $5.00 Provider Sanction Search (Charged Per Search) $0.25 Provider Sanction Report $5.00 Real Time Motor Vehicle Registrations (Charged Per Search) $3.50 Real Time Person Search (Charged Per Search) $3.50 Real Time Phone Search $0.50 Relatives ( "Next Steps ") $1.00 Relatives, Neighbors & Associates ( "Next Steps ") $2.00 Relavint Visual Link Analysis (Per Diagram) (not discounted) $2.00 Satellite Image Search $0.00 Sexual Offenders (Report Included) (Charged Per Search) $1.00 Virtual Identity Search & Report $2.00 Voter Registrations $0.25 Watercraft $0.50 Watercraft Report $1.00 WorkPlace Locator (not discounted) $3.50 ` Asset Report: Property Deeds & Assessments, Vehicle Registrations, Watercraft, FAA Pilots FAA Aircraft and UCC Filings. $3.50 d aluation Model (AVM) Report Automate V $5.00 Business Link Report (Charged Per Search) $5.00 Page 4 of 8 Accurint for Government (Plan 46) 206695.1v1 5/28/2015 4:31 PM Comprehensive Report (Best Value): Summary Report, Associates, Bankruptcy, Concealed Weapons Permits, Criminal Records, DEA Controlled Substances License Search, Drivers Licenses, FAA Aircraft, FAA Pilots, Federal Firearms & Explosives License Search, Hunting /Fishing Permits, Liens /Judgments, National Motor Vehicle Accident Search & Report, Neighbors, People at Work, Phones Plus, Possible Education, Professional Licenses, Property, Relatives (3 Degrees), Sexual Offenders, UCC Filings, Vehicle Registrations, Voter Registration and Watercraft. $6.00 Entitlement Report: Summary Report, Phones Plus, Bankruptcy, Liens /Judgments, UCC Filings, People At Work, Drivers Licenses, Vehicle Registrations, Property, Watercraft, FAA Pilots, FAA Aircraft, Professional Licenses, Associates, Relatives (3 Degrees), Criminal Records And Sexual Offenders. Results Can Be Restricted By The User To Their Applicable Dates Of Interest. $4.00 Finder Report: Address Summary, Others Using SSN,, Date /Location Where SSN Issued, Phone Summary, Current Listed Phones, Unverified Phones With Type And Date Indicators, Current Neighbor Phones, Possible Relative Phones (2 Degrees), Possible Associate Phones, Phones At Historical Addresses, Bankruptcy Filings And Corporate Affiliations. $3.50 Summary Report: Address Summary, Others Using SSN, Date /Location Where SSN Issued, Census Data, Bankruptcy Indicator, Property Indicator And Corporate Affiliations Indicator. $0.50 Comprehensive Address Report: (Base Report Features: Current And Previous Residents And Phones At Address $0.50 - Additional .Report .Options: —: - Bankruptcy (Charged Per Search ) $1.00 Businesses At Address $0.25 Concealed Weapons Permit Search $0.25 Criminal Records Search (Charged Per Search) $1.00 Criminal Records Report $1.00 Driver Licenses At Address $0.75 Hunting/Fishing License Search $0.25 Liens And Judgments Charged Per Search) $0.25 Motor Vehicles Registered At Address $0.75 Neighborhood Profile (2010 Census) $0.50 Neighbors At Address $0.25 Property Ownership Current / Previous $1.00 Sexual Offenders Search (Report Included) Charged Per Search) $1.00 Comprehensive Business Report (Base Report Features: Name, Address And Phone Variations Parent Company, ID Numbers And Industry Information $0.50 Additional Report Options: Associated Businesses $1.00 Associated People $1.00 Bankruptcy (Charged Per Search ) $1.00 Business Registrations $0.25 Corporation Filings $1.00 Dun & Bradstreet Records (not discounted) $3.75 FAA Aircraft $0.25 Internet Domain Names $0.25 IRS 5500 $1.00 Liens And Judgments (Charged Per Search ) $0.25 Motor Vehicles $0.75 Page 5 of 8 Accurint for Government (Plan 46) 206695.iv1 5(28(2015 4:31 PM Properties $1.00 UCC Filings $0.50 Watercraft $1.00 Custom Comprehensive Report (Base Report Features: Others Using Same SSN, Date and Location where SSN Issued, Company Header, Address Summary, Possible Education, Comprehensive Report Summa $0.50 Additional Report Options: -- Associates $1.00 Bankruptcy (Charged Per Search) $1.00 Criminal Records (Charged Per Search) $1.00 DEA Controlled Substances License Search $0.25 Driver Licenses Information $0.75 Email Search $0.40 Federal Firearms & Explosives License Search $0.25 Liens And Judgments (Charged Per Search) $0.25 Motor Vehicle(s) Registration (Watercraft & Boat Trailers Included) $0.75 National Motor Vehicle Accident Search & Report $3.00 Neighborhood Profile (2010 Census) $0.50 Neighbors (Up To 6 Neighbors At 10 Different Addresses) $0.25 People At Work $1.00 People At Work Locator $1.00 Phones Plus $0.50 Professional Licenses (Charged Per Search) $1.00 Properties $1.00 Relatives (Up to 3 Degrees of Separation) $1.00 Sexual Offenders (Charged Per Search) $1.00 Supplemental Data Sources (Charged Per Search) $1.00 UCC Filings $1.00 Flat Rate Comprehensive Healthcare Business Report (includes Base Report Features and Additional Report Options listed below $10.00 Comprehensive Healthcare Business Report (Base Report Features: Name, Address and Phone Variations. Parent Company, ID Numbers and Industry Information $0.50 Additional Report Options: -- Associated Businesses $1.00 Associated People $1.00 Bankruptcy (Charged Per Search) $1.00 Business Phone Matches $0.25 Business Registrations $0.25 Corporation Filings $1.00 Dun & Bradstreet Records (not discounted) $3.75 FAA Aircraft $0.25 Internet Domain Names $0.25 IRS 5500 $1.00 Liens And Judgments (Charged Per Search) $0.25 Motor Vehicles $0.75 Properties $1.00 Sanctions $0.50 UCC Filings $0.50 Page 6 of 8 Accurint for Government (Plan 46) 4 ai. 4;2, v' / . ''_;. 7-5 206695.1v1 5/28/2015 4:31 PM Verification $0.75 Watercraft $1.00 Flat Rate Comprehensive Healthcare Provider Report (includes Base Report Features and Additional Report Options listed below $6.00 Comprehensive Healthcare Provider Report (Base Report Features: Gender, Date of Birth, Social Security Number, Tax IDs UPIN and NPI number $0.50 Additional Report Options: - Additional Deceased Data Sources $0.00 Associates $0.00 Business Address Summary $0.25 Business Affiliations $0.50 Business Phone Matches $0.25 DEA Licenses $0.25 Degrees $0.00 Education $0.50 Group Affiliations $0.50 GSA Sanctions (Charged Per Search ) $0.50 Hospital Affiliations $0.50 Liens And Judgments (Charged Per Search) $0.25 Medical Licenses (Charged Per Search) $1.00 - Possible Criminal Records (Charged Per Search) - - $0.25 Professional Licenses (Charged Per Search ) $1.00 Sanctions (Disciplinary) (Charged Per Search) $0.50 Sexual Offenses (Charged Per Search) $1.00 Specialties $0.00 Verification $0.75 Advanced Person Search $0.50 Deceased Person $0.25 Address (Single) $0.13 Address (Multiple) $0.16 EDA Phones (Directory Assistance (Single) $0.10 EDA Phones (Directory Assistance) (Multiple) $0.12 Waterfall Phones: Directory Assistance Match, Address And Name Variations, Co- Residents, Phones Plus & Relatives; Add -Ons Possible Relocation, Neighbors & People At Work (Single) $0.23 Waterfall Phones: Directory Assistance Match, Address And Name Variations, Co- Residents, Phones Plus & Relatives; Add -Ons Possible Relocation, Neighbors & People At Work (Multiple) $0.25 Address And Phones (Single) $0.25 Address And Phones (Multiple) $0.30 Address And /Or Phone Dedupe (Single) (per input ) $0.03 Address And /Or Phone Dedupe (Multiple) (per input) $0.04 Real Time Phone Search $0.50 Real Time Motor Vehicle Registrations $1.50 Property - Add Up To Five Properties Owned By The Subject $1.00 Consumer InstantlD $0.65 Consumer InstantlD With Fraud Defender $0.95 Page 7 of 8 Accurint for Government (Plan 46) Vol. Pg. 206695.1v1 5/26/2015 4:31 PM Consumer InstantlD With Red Flags Rule $0.90 Business InstantlD $1.30 Business InstantlD With Fraud Defender $1.30 Multiple = 2 Or More Phones /Addresses Returned Rp .- : . Accurint for Government (Plan 46) ZI fc, 206695.1v1 SECTION B: VENDOR REFERENCE RELEASE - Required only for local and municipal agencies. Please list at least one (1) current Business to Business Vendor Reference. This section Is optional, but if it is not completed and LN is not able to complete its credentialing process, LN reserves the right to re- request this information prior to account activation. Such re- request will result in processing delays. Company Name PERRY OFFICE PLUS Contact Address 1401 NORTH 3RD City TEMPLE State TX Zip 76501 Phone 254 - 778-4755 Fax Email CARA.WEAVER(d.PERRYOP.COM Account Number (if applicable) 114294 Company Name Address City Phone Email Contact State Zip Fax Account Number (if applicable) SECTION C: AGENCY INFORMATION (select one) ❑ Federal Government ❑ Federal Law Enforcement ❑ State Government ❑ State Law Enforcement © Local /Municipal Government ❑ Local/Municipal Law Enforcement ❑ Other (Specify) SECTION D: PURPOSE OF USE Describe SEARCH FOR DEFENDANTS IN THE COURT SECTION E: ACCESS (select all that apply) ❑ Server (system to system) ❑✓ Internet /PC ❑ Other ❑ Fax ❑ Phone SECTION F: SITE VISIT INFORMATION A site visit will be required for local and municipal agencies. Site visits may be required for any other Customer. Should a site visit be required, Customer agrees to authorize the site visit, cooperate in the site visit, and to pay the site visit charges as stated in the Schedule(s) A to this Agreement. Site visits are conducted for LN by an approved third - party. Please indicate if the appropriate contact is different than the contact listed in Part 1 Section B. Site Visit Contact SHAWNA GOERLITZ Contact Phone 979 -361 -4190 Contact Email SGOERLITZ!a,BRAZOSCOUNTYTX.GOV ECTIONWA: CREDIT CARD INFORMATION (If you choose to be billed on a credit card, fill out this portion and proceed to Part 3 Section C. f you choose to be billed directly, skip Part 3, Section A and proceed to Part 3, Section B). LN accepts MasterCard, Visa, and Ameri Express. For security and authentication purposes, LN requires the account holder to provide the address to which the credit card comp-aq mails the monthly statement. Cardholder Name Credit Card Stater City Card Type: [ Card Number Master ate Zip American Express Expiration (MM /YY) If I have elected to be credit card billed, I hereby orize LN to bill this credit card for the charges incurred for use of W Services. Additionally, I hereby agree that, if the credit card co ny refuses to pay LN for such charges incurred, the Customer shall be responsible for the payment of such charges. If credit car % /ing is elected, the below signatory must be the credit card ho /der. Credit Card Billing Signature: Print Name Title Dated Risk FL Non -FORA App & Agreement Government Agencies (Q4.12.v ]' Confidential Page 2 of 10 Vol, / pg._ �� SECTION B: DIRECT BILLING INFORMATION By submitting this direct billing application, Customer certifies that the individual whose name appears below is authorized to apply for credit on behalf of the Customer named in this Agreement. Customer certifies that the Information provided relating to this credit application is true and complete. Customer hereby grants LN permission to verify the credit information provided herein. BILLING CONTACT Last Name MURPH First Name BEVERLY Title AUDITOR ASSISTANT Telephone 979 - 361.4350 Email Address BMURPH(ov1BRAZOSCOUNTYTX.GOV Billing Address 200 SOUTH TEXAS AVENUE SUITE 208 City BRYAN State TX Zip 77803 SECTION C: ADDITIONAL BILLING INFORMATION Require a P.O. Number on Invoice? © No ❑ Yes If Yes, provide P.O. Number Sales Tax Exempt ❑ No © Yes If Yes, provide proof of exemption. Law Enforcement Agencies Only: Review and, if appropriate, certify to the following: Customer represents and warrants that it will use the LN Services solely for law enforcement purposes, which comply with applicable privacy laws including, but not limited to the GLBA and the DPPA. To certify, check here: ❑ Proceed to Part 4, Section C. SECTION A: GLBA EXCEPTION /PERMISSIBLE PURPOSE — NOT APPLICABLE TO LAW ENFORCEMENT Some LN Services use and /or display nonpublic personal information that is governed by the privacy provisions of the GLBA. Customer certifies it has the permissible purposes under the GLBA to use and /or obtain such information, as marked below, and Customer further certifies it will use such Information obtained from LN Services only for such purpose(s) selected below or, if applicable, for the purpose(s) indicated by Customer electronically while using the LN Services, which purpose(s) will apply to searches performed during such electronic session: (At least one (1) must be checked to be permitted access to GLBA data) ❑ No applicable GLBA exception /permissible use. © As necessary to effect administer, or enforce a transaction requested or authorized by the consumer. ❑ As necessary to effect, administer, or enforce a transaction requested or authorized by the consumer by verifying the identification information contained in applications. ❑ To protect against or prevent actual or potential fraud, unauthorized transactions, claims or other liability. ❑ ❑ In required institutional risk control 13roqrams. (A) to verify the accuracy of personal information submitted by the individual to the business or its agents, employees, or ❑ In resolving consumer disputes or Inquiries. © Use by ersons or their representatives, holding a legal or beneficial interest relating to the consumer. for the purposes of preventing fraud by, pursuing legal remedies against, or recovering on a debt or security interest ❑ Use by ersons acting in a fiduciary or representative capacity on behalf of the consumer. ❑ In complying with federal state or local laws rules and other applicable legal requirements, ❑ To the extent specifically permitted or required under other provisions of law and in accordance with the Right to Financial Privacy Act of 1978, to law enforcement agencies (including a Federal functional regulator, the Secretary of Treasury, a State insurance authority, or the Federal Trade Commission), self - regulatory organizations, or for an investigation on a matter related to public safety. SECTION B: DPPA PERMISSIBLE USES — NOT APPLICABLE TO LAW ENFORCEMENT Some LN Services use and /or display personal information, the use of which is governed by the DPPA. Customer certifies it has a permissible use under the DPPA to use and /or obtain such information and Customer further certifies it will use such information obtained from LN Services only for one (1) or more of the purposes selected below or for the purpose(s) indicated by Customer electronically while using the LN Services, which purpose(s) will apply to searches performed during such electronic session: (At least one (1) must be checked to be permitted access to DPPA data) Risk FL Non- FCRAApp & Agreement Government Agencies (C4.12.vl)' - -- _Confidential_ — Page 3 of 10 Vol. _,2-_,,2 / E'g._% /� — ❑ No permissible use. © For use in connection with any civil, criminal, administrative, or arbitral proceeding in any federal, state, or local court or agency or before any self - regulatory body, including the service of process, investigation in anticipation of litigation, and the execution or enforcement of judgments and orders or pursuant to an order of a federal state or local court. ❑ For use in the normal course of business by a legitimate business or its agents, employees, or contractors, but only — (A) to verify the accuracy of personal information submitted by the individual to the business or its agents, employees, or contractors; and (B) if such information as so submitted is not correct or is no longer correct, to obtain the correct information, but only for the purposes of preventing fraud by, pursuing legal remedies against, or recovering on a debt or security interest a amst the individual. ❑ Use by a qovernment agency, but only in carrying out its functions. ❑ Use by any person acting on behalf of a government agency, but only in carrying out the agency's functions. ❑ Use b an insurer or its agent) in connection with claims investigation activities or antifraud activities. ❑ In connection with motor vehicle safety or theft or driver safe (except b V or for a motor vehicle manufacturer . Risk FL Non- FCRAApp & Agreement Government Agencies (C4.12.vl)' - -- _Confidential_ — Page 3 of 10 Vol. _,2-_,,2 / E'g._% /� — With regard to the information that is subject to the DPPA, some state laws' permissible uses may vary from the permissible uses identified above. In such cases, some state information may not be available under each permissible use listed above and /or Customer may be asked to certify to a permissible use permitted by applicable state law to obtain information from a specific state. Customer agrees and certifies it will use the information described in Sections A and B of this Part 4 only in accordance with the permissible uses selected above or those selected subsequently in connection with a specific information request. SECTION C: QUALIFIED ACCESS Certain users ("Authorized Users' may be able to obtain full social security numbers (nine (9) digits) and driver's license numbers (collectively, "QA Data'), when appropriate, through some LN Services. Only those users that are within the Authorized User List below, and that use QA Data for an Authorized Use identified below, may qualify. To potentially qualify as an Authorized User, Customer must certify that its business is within the Authorized User List below and its use of QA Data is within the Authorized Use List below. ❑ Customer is NOT requesting access to QA Data (proceed to Par 5). Z] Customer is requesting access to QA Data. Complete the sections below. What department will be using QA Data? BRAZOS COUNTY JUSTICE OF THE PEACE, PRECINCT 2 SOCIAL SECURITY NUMBERS At ITHnPT7Fn I ICFR (At Ipa<t nnp (1) must hp rhprkprl to rpreivp Snrial Senrrity Niimhprc) ❑ Not an authorized user. ❑ - Federal; state or local government agency with law enforcement responsibilities: -- ❑ Special Investigative unit, subrogation department and claims department of a private or public insurance company for the purposes of detectin investigating or preventing fraud. ❑ Financial institution for the purposes of (a) detecting, Investigating or preventing fraud, (b) compliance with federal or state laws or regulations, c collecting debt on their own behalf, and d such other uses as shall be appropriate and lawful. Location of non - custodial parents allegedly owing child support and ex-spouses allegedly owing spousal support. ❑ Collection department of a creditor. Location of individuals alleged to have failed to pay taxes or other lawful debts. ❑ Collection company acting on behalf of a creditor or on its own behalf. Identity verification. ❑ I Other public or private entity for the purpose of detecting, investigating or preventing fraud, Describe your business: Other uses similar to those described above. Describe your use: 7 AI ITH(1RT7Fn I ISF (At lea <t nna (1) must he rhprkerl to recpivp Snrial Serurity Numhprs) By selecting above, the Customer certifies that it is an Authorized User, and that it will use Social Security Numbers only for the purpose(s) it designated on the Authorized Use List and for no other purpose(s). DRIVER'S LICENSE NUMBERS AI 1T r)DT7Fn I KPP (At la�cr nnp (11 mn<t hp rkp,L pM to rprpfvp nrivpi'< I irpncp nlumhpr<l ❑ No authorized use. v❑ Location of sus ects or criminals. ❑ ❑ Location of non - custodial parents allegedly owing child support and ex-spouses allegedly owing spousal support. Financial institution for the purposes of (a) detecting, investigating or preventing fraud, (b) compliance with federal or state laws or regulations, c collecting debt on their own behalf, and d such other uses as shall be a ro riete and lawful. ✓❑ Location of individuals alleged to have failed to pay taxes or other lawful debts. Collection department of a creditor. ❑ Identity verification. Collection company acting on behalf of a creditor or on its own behalf. ❑ Other uses similar to those described above. Describe your use: I Other public or private entity for the purpose of detecting, investigating or preventing fraud. Describe your business: By selecting above, the Customer certifies that it is an Authorized User, and that it will use Social Security Numbers only for the purpose(s) it designated on the Authorized Use List and for no other purpose(s). DRIVER'S LICENSE NUMBERS AI 1T r)DT7Fn I KPP (At la�cr nnp (11 mn<t hp rkp,L pM to rprpfvp nrivpi'< I irpncp nlumhpr<l Risk FL Non -FORA App & Agreement Government Agencies (Q4.12.v1)' Confidential Page 4 of 10 Vol. °2 �� pg._ 9 0 ❑ Not an authorized user. 0 Federal state or local government agency with law enforcement responsibilities. ❑ Special Investigative unit, subrogation department and claims department of a private or public insurance company for the purposes of detecting, Investigating or preventing fraud. ❑ Financial institution for the purposes of (a) detecting, investigating or preventing fraud, (b) compliance with federal or state laws or regulations, c collecting debt on their own behalf, and d such other uses as shall be a ro riete and lawful. ❑ Collection department of a creditor. ❑ Collection company acting on behalf of a creditor or on its own behalf. ❑ I Other public or private entity for the purpose of detecting, investigating or preventing fraud. Describe your business: Risk FL Non -FORA App & Agreement Government Agencies (Q4.12.v1)' Confidential Page 4 of 10 Vol. °2 �� pg._ 9 0 7 At IrunRT7Fn I ISP (At load nne (1) must he checked rut receive Drivers License Numbers) ❑ No authorized use. ❑ Location of suspects or criminals. ❑ Location of non - custodial parents allegedly owing child support and ex-spouses allegedly owing spousal support. ❑✓ Location of individuals alleged to have failed to pay taxes or other lawful debts. ❑ Identity verification. ❑ I Other uses similar to those described above. Describe your use: By selecting above, the Customer certifies that It is an Authorized User, and that It will use Driver's License Numbers only for the purposes) it designated on the Authorized Use List and for no other purpose(s). z ,PART 5;TERMS.ANDCONDITIONS _ _ _ ,- _ '_ _ 1. SCOPE OF SERVICES. LN agrees to provide the LN Services described in a Purchase Order or Schedule A to this Agreement to Customer, subject to the terms and conditions herein. This Agreement shall encompass any and all delivery methods provided to Customer for the LN Services, including, but not limited to, online, batch, XML, assisted searching, machine -to- machine searches, and any other means which may become available. 2. RESTRICTED LICENSE. LN hereby grants to Customer a restricted license to use the LN Services and any data contained therein, subject to the restrictions and limitations set forth below: (i) Generally. LN hereby grants to Customer a restricted license to use the LN Services solely for Customer's own internal business purposes. Customer represents and warrants that all of Customers use of the LN Services shall be for only legitimate business purposes, including those specified by Customer in connection with a specific Information request, relating to its business and as otherwise governed by the Agreement, Customer shall not use the LN Services for marketing purposes or resell or broker the LN Services to any third - party, and shall not use the LN Services for personal (non- business) purposes. Customer shall not use the LN Services to provide data processing services to third - parties or evaluate data for third- parties or, without LN's consent, to compare the LN Services against.a_ third party's data processing services. Customer agrees that, if LN determines or- reasonablysuspects, that continued provision of the LN Services to Customer entails a potential security risk, or that Customer is in violation of any provision of this Agreement or law, LN may take immediate action, including, without limitation, terminating the delivery of, and the license to use, the LN Services. Customer shall not access the LN Services from Internet Protocol addresses located outside of the United States and its territories without LN's prior written approval. Customer may not use the LN Services to create a competing product. Customer shall comply with all laws, regulations and rules which govern the use of the LN Services and information provided therein. LN may at any time mask or cease to provide Customer access to any LN Services or portions thereof which LN may deem, in LN's sole discretion, to be sensitive or restricted information. (it) GLBA Data. Some of the information contained in the LN Services is "nonpublic personal information," as defined in the Gramm- Leach - Bliley Act, (15 U.S.C. § 6801, et seq.) and related state laws (collectively, the "GLBA', and is regulated by the GLBA (`GLBA Data'. Customer shall not obtain and /or use GLBA Data through the LN Services In any manner that would violate the GLBA, or any similar state or local laws, regulations and rules. Customer acknowledges and agrees that it may be required to certify its permissible use of GLBA Data falling within an exception set forth in the GLBA at the time it requests information in connection with certain LN Services and will recertify upon request by LN. Customer certifies with respect to GLBA Data received through the LN Services that it complies with the Interagency Standards for Safeguarding Customer Information issued pursuant to the GLBA. (iii) DPPA Data. Some of the information contained in the LN Services is 'personal information," as defined in the Drivers Privacy Protection Act, (18 U.S.C. § 2721 et seq.) and related state laws (collectively, the "DPPA', and Is regulated by the DPPA ('DPPA Data'J, Customer shall not obtain and /or use DPPA Data through the LN Services in any manner that would violate the DPPA. Customer acknowledges and agrees that it may be required to certify its permissible use of DPPA Data at the time it requests information in connection with certain LN Services and will recertify upon request by LN. (iv) Social Security and Driver's License Numbers. LN may in its sole discretion permit Customer to access QA Data (as previously defined). If Customer is authorized by LN to receive QA Data, and Customer obtains QA Data through the LN Services, Customer certifies it will not use the QA Data for any purpose other than as expressly authorized by LN policies, the terms and conditions herein, and applicable laws and regulations. In addition to the restrictions on distribution otherwise set forth in Paragraph 3 below, Customer agrees that it will not permit QA Data obtained through the LN Services to be used by an employee or contractor that is not an Authorized User with an Authorized Use. Customer agrees it will certify, In writing, its uses for QA Data and recertify upon request by LN. Customer may not, to the extent permitted by the terms of this Agreement, transfer QA Data via email or ftp without LN's prior written consent. However, Customer shall be permitted to transfer such information so long as: 1) a secured method (for example, sftp) is used, 2) transfer is not to any third -party, and 3) such transfer is limited to such use as permitted under this Agreement. LN may at any time and for any or no reason cease to provide or limit the provision of QA Data to Customer. (v) Copyrighted and Trademarked Materials. Customer shall not remove or obscure any trademarks, copyright notices or other notices contained on materials accessed through the LN Services. (vi) Additional Terms. To the extent that the LN Services accessed by Customer include information or data described in the Risk Supplemental Terms contained at the following website: www.lexisnexis com /termslrisksuop /, Customer agrees to comply with the Risk FL Non -FGRA App & Agreement Government Agencies (04.12.vl )' Confidential Page 5 of 10 Vol. V -,, pg. � Risk Supplemental Terms set forth therein. Additionally, certain other information contained within the LN Services is subject to additional obligations and restrictions. These services include, without limitation, news, business information, and federal legislative and regulatory materials. To the extent that Customer receives such information through the LN Services, Customer agrees to comply with the Terms and Conditions contained at the following website: www.lexisnexis,com/terms/general (the "L&P Terms). The Risk Supplemental Terms and the L &P Terms are hereby incorporated into this Agreement by reference. In the event of a direct conflict between this Agreement, the Risk Supplemental Terms, and the L &P Terms, the order of precedence shall be as follows: this Agreement, the Risk Supplemental Terms and then the L &P Terms. (vii) Fair Credit Reporting Act. The LN Services provided pursuant to this Agreement are not provided by "consumer reporting agencies," as that term is defined in the Fair Credit Reporting Act (15 U.S.C. § 1681, et seq.) C FCRA'� and do not constitute "consumer reports," as that term is defined under the FORA. Accordingly, LN Services may not be used in whole or in part as a factor in determining eligibility for credit, Insurance, employment or another permissible purpose under the FCRA. Further, (A) Customer certifies that it will not use any of the information it receives through the LN Services for eligibility determinations for any of the following purposes: (1) in connection with establishing a consumer's eligibility for credit or insurance to be used primarily for personal, family or household purposes or in connection with the review or collection of a credit account of a consumer; (2) for employment purposes; (3) in connection with a determination of a consumer's eligibility for a license or other benefit granted by a government agency; (4) as a potential investor or servicer, or current insurer, in connection with a valuation of, or assessment of credit or prepayment risks associated with, an existing credit obligation; or (5) eligibility for any other purpose deemed to be a permissible purpose under the FCRA or any similar state statute; (B) by way of clarification, Customer may use, except as otherwise prohibited or limited by this Agreement, information received through the LN Services for the following purposes: (1) to verify or authenticate an individual's identity; (2) to prevent or detect fraud or other unlawful activity; (3) to locate an individual; (4) to review the status of a legal proceeding; or (5) to decide whether to buy or sell consumer indebtedness in a commercial transaction; (C) specifcally, if Customer is using the LN Services in connection with collection of a consumer debt on its own behalf, or on behalf of a third-party, Customer shall not use the LN Services (1) to revoke consumer credit; (2) to set or change repayment terms; or (3) for the purpose of determining a consumer's eligibility for any repayment plan; provided, however, that Customer may, consistent with the certification and limitations set forth in this section (viii), use the LN Services for identifying, locating, or contacting a consumer in connection with the collection of a consumer's debt or for prioritizing collection activities; and (D) Customer shall not use any of the information it receives through the LN Services to take any "adverse action," as that term is defined in the FORA: - - - -- (viii) MVR Data. If Customer is permitted to access Motor Vehicle Records ("MVR Data's from LN, without in any way limiting Customer's obligations to comply with all state and federal laws governing use of MVR Data, the following specific restrictions apply and are subject to change: (a) Customer shall not use any MVR Data provided by LN, or portions of information contained therein, to create or update a file that Customer uses to develop its own source of driving history information. (b) As requested by LN, Customer shall complete any state forms that LN is legally or contractually bound to obtain from Customer before providing Customer with MVR Data. (c) LN (and certain Third -Party vendors) may conduct reasonable and periodic audits of Customer's use of MVR Data. In response to any such audit, Customer must be able to substantiate the reason for each MVR Data order. (ix) HIPAA. Customer represents and warrants that Customer will not provide LN with any Protected Health Information (as that term is defined in 45 C.F.R. Sec. 160.103) or with Electronic Health Records or Patient Health Records (as those terms are defined in 42 U.S.C. Sec. 17921(5), and 42 U.S.C. Sec. 17921(11), respectively) or with information from such records without the execution of a separate agreement between the parties. (x) Retention of Records. For uses of GLB Data, DPPA Data and MVR Data, as described in Sections 2(ii), 2(iii) and 2(viii), Customer shall maintain for a period of flve (5) years a complete and accurate record (including consumer identity, purpose and, if applicable, consumer authorization) pertaining to every access to such data. 3. SECURITY. Customer acknowledges that the information available through the LN Services may include personally identifiable information and it is Customer's obligation to keep all such accessed information confidential and secure. Accordingly, Customer shall (a) restrict access to LN Services to those employees who have a need to know as part of their official duties; (b) ensure that none of Its employees shall (I) obtain and /or use any Information from the LN Services for personal reasons, or (il) transfer any information received through the LN Services to any party except as permitted hereunder; (c) keep all user identification numbers, and related passwords, or other security measures (collectively, "User IDs'J confidential and prohibit the sharing of User IDs; (d) immediately deactivate the User ID of any employee who no longer has a need to know, or for terminated employees on or prior to the date of termination; (e) in addition to any obligations under Paragraph 2 take all commercially reasonable measures to prevent unauthorized access to, or use of, the LN Services or data received therefrom, whether the same is in electronic form or hard copy, by any person or entity; (f) maintain and enforce data destruction procedures to protect the security and confidentiality of all information obtained through LN Services as it is being disposed; (g) purge all information received through the LN Services within ninety (90) days of initial receipt; provided that Customer may extend such period if and solely to the extent such information is retained thereafter in archival form to provide documentary support required for Customers legal or regulatory compliance efforts; (h) be capable of receiving the LN Services where the same are provided utilizing "secure socket layer," or such other means of secure transmission as is deemed reasonable by LN; (1) not access and /or use the LN Services via mechanical, programmatic, robotic, scripted or other automated search means, other than through batch or machine -to- machine applications approved by LN; G) take all steps to protect their networks and computer environments, or those used to access the LN Services, from compromise; (k) on at least a quarterly Risk FL Non -FCRA App & Agreement Government Agencies (Q4.12.vl)' ___ „ Confidential - _ Page 6 of 10 Vol. basis, review searches performed by its User IDs to ensure that such searches were performed for a legitimate business purpose and in compliance with all terms and conditions herein; and (1) maintain policies and procedures to prevent unauthorized use of User IDs and the LN Services. Customer will immediately notify LN, by written notification to the LN Privacy, Security and Compliance Organization at 1000 Alderman Drive, Alpharetta, Georgia 30005 and by email ( security. investigationstalexisnexis.com) and by phone (1- 888 -872- 5375), if Customer suspects, has reason to believe or confirms that a User ID or the LN Services (or data derived directly or indirectly therefrom) is or has been lost,'stolen, compromised, misused or used, accessed or acquired in an unauthorized manner or by any unauthorized person, or for any purpose contrary to the terms and conditions herein. Furthermore, in the event that the LN Services provided to the Customer include personally identifiable information (including, but not limited to, social security numbers, driver's license numbers or dates of birth), the following shall apply: Customer acknowledges that, upon unauthorized acquisition or access of or to such personally identifiable information, including but not limited to that which is due to use by an unauthorized person or due to unauthorized use (a "Security Event "), Customer shall, in compliance with law, notify the individuals whose information was potentially accessed or acquired that a Security Event has occurred, and shall also notify any other parties (including but not limited to regulatory entities and credit reporting agencies) as may be required in LN's reasonable discretion. Customer agrees that such notification shall not reference LN or the product through which the data was provided, nor shall LN be otherwise identified or referenced in connection with the Security Event, without LN's express written consent. Customer shall be solely responsible for any other legal or regulatory obligations which may arise under applicable law In connection with such a Security Event and shall bear all costs associated with complying with legal and regulatory obligations in connection therewith, Customer shall provide samples of all proposed materials to notify consumers and any third - parties, including regulatory entities, to LN for review and approval prior to distribution, In the event of a Security Event, LN may, in its sole discretion, take immediate action, including suspension or termination of Customer's account, without further obligation or liability of any kind. 4. PERFORMANCE. LN will use commercially reasonable efforts to deliver the LN Services requested by Customer and to compile information gathered from selected public records and other sources used in the provision of the LN Services; provided, however, that the Customer accepts all information "AS IS ". Customer acknowledges and agrees that LN obtains its data from third party sources, which may or may not be completely thorough and accurate, and that Customer shall not rely on LN for the accuracy or completeness of information supplied through the LN Services. Without limiting the foregoing, the criminal record data that may be provided as part of the LN Services may include records that have been expunged, sealed, or otherwise have become inaccessible to the public since the date an which the data was last updated or collected.- Customer understands that Customer may be restricted from accessing certain LN Services which may be otherwise available. LN reserves the right to add materials and features to, and to discontinue offering any of the materials and features that are currently a part of, the LN Services. In the event that LN discontinues a material portion of the materials and features that Customer regularly uses in the ordinary course of its business, and such materials and features are part of a fat fee subscription plan to which Customer has subscribed, LN will, at Customer's option, issue a prorated credit to Customer's account. 5. PRICING SCHEDULES. Upon acceptance by the LN Affiliate(s) set forth on an applicable Purchase Order or Schedule A (hereinafter "Schedule(s) A'J, such LN Affiliate(s) shall provide the LN Services requested by Customer and set forth in one (1) or more Schedules A attached hereto or subsequently incorporated by reference, for the fees listed on such purchase orders or schedules. The fees listed on a Schedule A may be updated from time to time by notice to Customer. All current and future pricing documents and Schedule(s) A are deemed incorporated herein by reference. 6. INTELLECTUAL PROPERTY, CONFIDENTIALITY. Customer agrees that Customer shall not reproduce, retransmit, republish, or otherwise transfer for any commercial purposes the LN Services' Information, programs or computer applications. Customer acknowledges that LN (and /or its third party data providers) shall retain all right, title, and interest under applicable contractual, copyright, patent, trademark, Trade Secret and related laws in and to the LN Services and the data and information that they provide. Customer shall use such materials in a manner consistent with LN's interests and the terms and conditions herein, and shall notify LN of any threatened or actual infringement of LN's rights. Customer and LN acknowledge that they each may have access to confidential information of the disclosing party ("Disclosing Party') relating to the Disclosing Party's business including, without limitation, technical, financial, strategies and related information, computer programs, algorithms, know -how, processes, ideas, inventions (whether patentable or not), schematics, Trade Secrets (as defined below) and other information (whether written or oral), and in the case of LN's information, product information, pricing Information, product development plans, forecasts, data contained in LN Services, and other business Information ("Confidential Informatlon'�. Confidential Information shall not include information that: (i) is or becomes (through no improper action or inaction by the Receiving Party (as defined below)) generally known to the public; (ii) was in the Receiving Party's possession or known by it prior to receipt from the Disclosing Party; (iii) was lawfully disclosed to Receiving Party by a third -party and received in good faith and without any duty of confidentiality by the Receiving Party or the third - party; or (iv) was independently developed without use of any Confidential Information of the Disclosing Party by employees of the Receiving Party who have had no access to such Confidential Information. `Trade Secret" shall be deemed to include any information which gives the Disclosing Party an advantage over competitors who do not have access to such information as well as all information that fits the definition of "trade secret" including without limitation pricing information applicable to this Agreement. Each receiving party ("Receiving Party") agrees not to divulge any Confidential Information or information derived therefrom to any third -party and shall protect the confidentiality of the Confidential Information with the same degree of care it uses to protect the confidentiality of its own confidential information and trade secrets, but in no event less than a reasonable degree of care. Notwithstanding the foregoing, the Receiving Party may disclose Confidential Information solely to the extent required by subpoena, court order or other governmental authority, provided that the Receiving Party shall give the Disclosing party prompt written notice of such subpoena, court order or other governmental authority so as to allow the Disclosing party to have an opportunity to obtain a protective order to prohibit or restrict such disclosure at its sole cost and expense. Confidential Information disclosed pursuant to subpoena, court order or other governmental authority shall otherwise remain subject to the terms applicable to Confidential Information. Each party's obligations with Risk FL Non- FCRAApp &Agreement Government Agencies {Q4.- 13:v7)'---- Gonfdential -- Page 7 of 10 P Vol. g. �3 j respect to Confidential Information shall continue for the term of this Agreement and for a period of five (5) years thereafter, provided however, that with respect Trade Secrets, each party's obligations shall continue for so long as such Confidential Information continues to constitute a Trade Secret. Notwithstanding the foregoing, if Customer is bound by the Freedom of Information Act, 5 U.S.C. 552, or other federal, state, or municipal open records laws or regulations which may require disclosure of information, and disclosure thereunder Is requested, Customer agrees that it shall notify W in writing and provide LN an opportunity to object, if so permitted thereunder, prior to any disclosure. 7. PAYMENT OF FEES. Customer shall be responsible for payment for all services ordered by Customer or obtained through Customer's User IDs after the expiration of a free trial, if applicable, whether or not such User ID Is used by Customer or a third -party, provided access to the User ID is not the result of use by a person formerly or presently employed by LN or who obtains the User ID by or through a break -in or unauthorized access of W's offices, premises, records, or documents. Customer shall pay to LN the fees incurred for the use of the LN Services, and Customer agrees that It may be electronically invoiced for those fees. Payments shall be received within thirty (30) days of the invoice date. Any balance not timely paid will accrue interest at the rate of eighteen percent (18 %) per annum or the highest rate allowed by applicable law, whichever is less. Customer's obligation to pay invoiced amounts is not subject to any offset, defense or counterclaim. 8. APPROPRIATION OF FUNDS. If sufficient funds are not appropriated or allocated for payment under this Agreement for any current or future fiscal period, then Customer may, at its option, terminate this Agreement on the last day of any calendar month, upon ten (10) days prior written notice to W, without future obligations, liabilities or penalties, except that Customer shall remain liable for amounts due up to the time of termination. In addition, Customer shall certify and warrant In writing that sufficient funds have not been appropriated to continue the Agreement for the next fiscal year. 9. TERM OF AGREEMENT. This Agreement is for services rendered and shall he in full force and effect during such periods of time during which LN is providing services for Customer (the "Term'; provided, however, that any term provided on a Schedule A (the "Schedule A Term's shall apply to the W Services provided under such Schedule A until the expiration of that Schedule A Term. Upon expiration of any Schedule A Term, this Agreement shall continue In effect for so long as W is providing services for Customer. 10. - -TERMINATION. Except where a "Schedule A- provides for a Schedule A Term or otherwise "sets -forth Customers minimum financial commitment, either party may terminate this Agreement at any time for any reason. 11. GOVERNING LAW. In the event that Customer is a government agency, this Agreement shall be governed by and construed in accordance with the municipal, state, or federal law(s) applicable to such agency, without effect to conflicts of law principles. 12. ASSIGNMENT. Neither this Agreement nor the license granted herein may be assigned by Customer, in whole or in part, without the prior written consent of LN. An assignment includes without limitation the dissolution, merger, consolidation, reorganization, sale or other transfer of assets, properties, or controlling interest of twenty percent (20 %) or more of Customer. Any assignment without the prior written consent of LN shall be vold. 13. DISCLAIMER OF WARRANTIES. LN (FOR PURPOSES OF INDEMNIFICATION BY CUSTOMER, WARRANTIES, DISCLAIMERS, AND LIMITATIONS ON LIABILITY, LN, ITS SUBSIDIARIES AND AFFILIATES, AND ITS DATA PROVIDERS ARE COLLECTIVELY REFERRED TO AS "LN') DOES NOT MAKE AND HEREBY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE W SERVICES. LN DOES NOT WARRANT THE CORRECTNESS, COMPLETENESS, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE LN SERVICES OR INFORMATION PROVIDED THEREIN. Due to the nature of public record information, the public records and commercially available data sources used in the LN Services may contain errors. Source data is sometimes reported or entered inaccurately, processed poorly or incorrectly, and is generally not free from defect. LN Services are not the source of data, nor are they a comprehensive compilation of the data. Before relying on any data, it should be independently verified. 14. LIMITATION OF LIABILITY. Customer agrees that LN's aggregate liability for any and all losses or injuries arising out of any act or omission of LN in connection with anything to be done or furnished under this Agreement, regardless of the cause of the loss or injury, and regardless of the nature of the legal or equitable right claimed to have been violated, shall never exceed One Hundred Dollars ($100.00); and Customer covenants and promises that it will not sue W for an amount greater than such sum even if Customer and /or third - parties were advised of the possibility of such damages and that it will not seek punitive damages in any suit against LN. IN NO EVENT SHALL LN BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWEVER ARISING, INCURRED BY CUSTOMER FROM RECEIPT OR USE OF INFORMATION DELIVERED HEREUNDER OR THE UNAVAILABILITY THEREOF. 15. INDEMNIFICATION. To the extent permitted by applicable state or federal law, Customer hereby agrees to protect, indemnify, defend, and hold harmless LN from and against any and all costs, claims, demands, damages, losses, and liabilities (including attorneys' fees and costs) arising from or in any way related to (a) use of information received by Customer (or any third - party receiving such information from or through Customer) furnished by or through LN; (b) breach of any terms, conditions, representations or certifications In this Agreement; and (c) any Security Event. W hereby agrees to protect, indemnify, defend, and hold harmless Customer from and against any and all costs, claims, demands, damages, losses, and liabilities (including attorneys' fees and costs) arising from or in connection with any third -party claim that the LN Services or data contained therein, when used in accordance with this Agreement, infringe a United States patent or United States registered copyright, subject to the following: (i) Customer must promptly give written notice of any claim to LN; (ii) Customer must provide any assistance which LN may reasonably Risk FL Nan -FCRA App & Agreement Government Agencies (C4.12.v1)' Confidential_— _ Page 8 of 10 request for the defense of the claim (with reasonable out of pocket expenses paid by LN); and (iii) LN has the right to control the defense or settlement of the claim; provided, however, that the Customer shall have the right to participate in, but not control, any litigation for which indemnification is sought with counsel of its own choosing, at its own expense. Notwithstanding the foregoing, LN will not have any duty to indemnify, defend or hold harmless Customer with respect to any claim of Infringement resulting from (1) Customer's misuse of the LN Services; (2) Customers failure to use any corrections made available by LN; (3) Customer's use of the LN Services in combination with any product or information not provided or authorized in writing by LN; or (4) any information, direction, specification or materials provided by Customer or any third -party. If an injunction or order is issued restricting the use or distribution of any part of the LN Services, or if LN determines that any part of the LN Services is likely to become the subject of a claim of infringement or violation of any proprietary right of any third -party, LN may in its sole discretion and at its option (A) procure for Customer the right to continue using the IN Services; (B) replace or modify the LN Services so that they become non- infringing, provided such modification or replacement does not materially alter or affect the use or operation of the LN Services; or (C) terminate this Agreement and refund any fees relating to the future use of the LN Services. The foregoing remedies constitute Customer's sole and exclusive remedies and LN's entire liability with respect to Infringement claims or actions. 16. SURVIVAL OF AGREEMENT. Provisions hereof related to release of claims; indemnification; use and protection of information, data and LN Services; payment for the LN Services; audit; LN's use and ownership of Customer's search inquiry data; disclaimer of warranties and other disclaimers; security; customer data and governing law shall survive any termination of the license to use the LN Services. 17. AUDIT. Customer understands and agrees that, in order to ensure compliance with the FCRA, GLBA, DPPA, other similar state or federal laws, regulations or rules, regulatory agency requirements of this Agreement, LN's obligations under its contracts with its data providers, and LN's internal policies, LN may conduct periodic reviews of Customer's use of the LN Services and may, upon reasonable notice, audit Customer's records, processes and procedures related to Customer's use, storage and disposal of LN Services and information received therefrom. Customer agrees to cooperate fully with any and all audits and to respond to any such audit inquiry within ten (10) business days, unless an expedited response is required. Violations discovered in any review and /or audit by LN will be subject to immediate action Including, but not limited to, suspension or termination of the license to use the LN Services, reactivation fees, legal action, and /or referral to federal or state regulatory agencies. ,. 18. EMPLOYEE TRAINING. Customer shall train new employees prior to allowing access to LN Services on Customer's obligations under this Agreement, including, but not limited to, the licensing requirements and restrictions under Paragraph 2 the security requirements of Paragraph 3 and the privacy requirements In Paragraph 23. Customer shall conduct a similar review of its obligations under this Agreement with existing employees who have access to LN Services no less than annually. Customer shall keep records of such training. 19. TAXES. The charges for all LN Services are exclusive of any state, focal, or otherwise applicable sales, use, or similar taxes. If any such taxes are applicable, they shall be charged to Customer's account. 20. CUSTOMER CHANGES. Customer shall notify LN Immediately of any changes to the information on Customer's Application for the LN Services, and, if at any time Customer no longer meets LN's criteria for providing such service, LN may terminate this Agreement. Customer is required to promptly notify LN of a change in ownership of Customer, any change in the name of Customer, and /or any change in the physical address of Customer. 21. RELATIONSHIP OF PARTIES. None of the parties shall, at any time, represent that it is the authorized agent or representative of the other. LN's relationship to Customer in the performance of services pursuant to this Agreement is that of an independent contractor. 22. CHANGE IN AGREEMENT. By receipt of the LN Services, Customer agrees to, and shall comply with, changes to the restricted license granted to Customer hereunder and as LN shall make from time to time by notice to Customer. Notices to Customer will be provided via written communication. All e-mail notifications shall be sent to the individual named in the Customer Administrator Contact Information section, unless stated otherwise in this Agreement. LN may, at any time, impose restrictions and /or prohibitions on the Customer's use of the LN Services or certain data. Customer understands that such restrictions or changes in access may be the result of a modification in LN policy, a modification of third -party agreements, a modification in industry standards, a Security Event or a change in law or regulation, or the interpretation thereof. Upon written notification by LN of such restrictions, Customer agrees to comply with such restrictions. 23. PRIVACY PRINCIPLES. With respect to personally identifiable information regarding consumers, the parties further agree as follows: LN has adopted the TN Data Privacy Principles" ( "Principles "), which may be modified from time to time, recognizing the importance of appropriate privacy protections for consumer data, and Customer agrees that Customer (including its directors, officers, employees or agents) will comply with the Principles or Customer's own comparable privacy principles, policies, or practices. The Principles are available at htto • / /www lexisnexis com /privacy /data- I)rivacy- I)rincii)les asox. 24. PUBLICITY. Customer will not name LN or refer to its use of the LN Services in any press releases, advertisements, promotional or marketing materials, or make any other third -party disclosures regarding LN or Customer's use of the LN Services. Risk FL Non -FCRA App & Agreement Government Agencies (04:12:0)' Confidential — Page 9 of 10 L01. )_ 2,1 p9 `5 25. FORCE MAJEURE. The parties will not incur any liability to each other or to any other party on account of any loss or damage resulting from any delay or failure to perform all or any part of this Agreement (except for payment obligations) to the extent such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control, and without the negligence of, the parties. Such events, occurrences, or causes include, without limitation, acts of God, telecommunications outages, Internet outages, power outages, any irregularity in the announcing or posting of updated data files by the applicable agency, strikes, lockouts, riots, acts of war, floods, earthquakes, fires, and explosions. 26. ENTIRE AGREEMENT. Except as otherwise provided herein, this Agreement constitutes the final written agreement and understanding of the parties and is intended as a complete and exclusive statement of the terms of the agreement, which shall supersede all other representations, agreements, and understandings, whether oral or written, which relate to the use of the LN Services and all matters within the scope of this Agreement. Without limiting the foregoing, the provisions related to confidentiality and exchange of information contained in this Agreement shall, with respect to the LN Services and all matters within the scope of this Agreement, supersede any separate non - disclosure agreement that Is or may In the future be entered into by the parties hereto. Any additional, supplementary, or conflicting terms supplied by the Customer, Including those contained in purchase orders or confirmations issued by the Customer, are specifically and expressly rejected by LN unless LN expressly agrees to them in a signed writing. The terms contained herein shall control and govern in the event of a conflict between these terms and any new, other, or different terms In any other writing. This Agreement can be executed in counterparts and faxed or electronic signatures will be deemed originals. 27. MISCELLANEOUS. If any provision of this Agreement or any exhibit shall be held by a court of competent jurisdiction to be contrary to law, invalid or otherwise unenforceable, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and in any event the remaining provisions of this Agreement shall remain in full force and effect. The headings In this Agreement are inserted for reference and convenience only and shall not enter into the interpretation hereof. AUTHORIZATION AND ACCEPTANCE OF TERMS I HEREBY CERTIFY that I am authorized to execute this Agreement on be ustomer is ve and that I have direct knowledge f othe feces stated 'above. -..._. - - - � CUSTOMER Signature Print Name Title Dated (mm /dd /yy) Risk FL Non -FCRA App 8 Agreement Government Agencies (Q4.12.vi)' Confidential - -- — � Page 10 of 10 Vol. pg. LexisNexis LN Non -FCRA Application & Agreement Government Agencies & Law Enforcement LexisNexis Risk Solutions FL Inc. and Its Affiliates (collectively or individually %N'� provide various Non -FORA products and services (the "LN Services'). The Information submitted on this Application and Agreement ("Agreement's will be used to determine the Customer's (as defined below) eligibility for accessing the LN Services. LN reserves the right to reject this Agreement without reason or for any reason whatsoever, without recourse against LN, or any of its employees, officers, directors, agents, affiliates, or other designees. Additionally, Customer hereby authorizes LN to independently verify the information provided herein and perform research about the Individuals Identified herein. "Affiliates" are those affiliates of LexlsNexls Risk Solutions FL Inc. that provide LN Services pursuant to this Agreement. SECTION A: AGENCY INFORMATION ("Customer ") (P.O. Boxes and Malldrop Addresses Cannot be Used) Agency Name (Full Legal Name) REQUIRED BRAZOS COUNTY JUSTICE OF THE PEACE, PRECINCT 2 Physical Address* 200 SOUTH TEXAS AVENUE SUITE 114 City BRYAN State TX Zip 77803 Main Agency Phone Number* 979- 361 -4190 Fax 979 -361 -4191 Web Address http : /1www.brazoecountytx.gov /indp * Physical location where information will be used. Phone number must be Main number /Switchboard number at this location. If located at the above address less than six (6) months, provide most recent prior address below: Physical Address City State Zip IP Address ** IP Address Range ** From To ** If you do not know your company's IP address(es): Contact your network administration OR log onto httos: / /www.whatismyIP.com SECTION B: CUSTOMER ADMINISTRATOR* OR MAIN CONTACT INFORMATION Last Name GOERLITZ First Name SHAWNA Middle Initial D Title COURT COORDINATOR Telephone 979 - 361 -4195 Email Address SGOERLITZ@SRAZOSCOUNTYTH Admin IP Address * Required only for local and municipal agencies - For credentialing purposes, each Customer Administrator must provide two (2) of the three (3) following pieces of identified information. 1. First five (5) digits of your Social Security Number 2. Full date of birth �ilP 3. Home address ADDITIONAL CUSTOMER ADMINISTRATOR* OR MAIN CONTACT INFORMATION (Optional) Last Name First Name Title Telephone Email Address Admin IP Address Middle initial * Required only for local and municipal agencies - For credentialing purposes, each Customer Administrator must provide two (2) of the three (3) following pieces of identified information. 1. First five (5) digits of your Social Security Number 2. Full date of birth 3. Home address SECTION A: CUSTOMER SECURITY CERTIFICATION Customer certifies that the Customer has not been the subject of any proceeding regarding any trust - related matter including, but not limited to, fraud, counterfeiting, identity theft and the like, and that Customer has not been the subject of any civil, criminal or regulatory matter that would create an enhanced security risk to LN or its data, including, but not limited to, any matter involving potential violations of the Gramm - Leach - Bliley Act (15 U.S.C. § 6801, et seq.) and its implementing regulations (collectively, "GLBA'J, the Driver's Privacy Protection Act (18 U.S.C. § 2721, et seq.) and related state laws (collectively, the "DPPA "), the Fair Credit Reporting Act (15 U.S.C. § 1681, et seq.) ("FORA "), the Fair Debt Collection Practices Act (15 U.S.C. § 1692- 1692p) (" FDCPA'o or any other similar legal or regulatory guidelines. If any such matter has occurred, Customer shall attach a signed statement, along with all relevant supporting documentation, providing all details of this matter prior to execution of this Agreement. Risk FL Non -FCRA App 8 Agreement Government Agencies (04.12.vl)' Confidential Page 1 of 10 Vol. / Pgg `��¢ ] I ] P 19 ➢ A 8 P 8! A P i P ➢ ➢ ] I 1 ➢ l! I t ] A 9 ➢ 1 P ] P ] P ]1 PA ] A ] P P' I ➢ ] ➢ e I I P ,_.t ' Q , A d }{d fr, °8] r ° pj I P ] P I P i A 1 P ] A 8] P ➢ 8 1 1 A l A 1 P 1 i ! P I P i A ] P 3 Y I] 3A I 4 i A -.l' '• I t 1 A 1 ! I A f 8 i 72 +v _iIj j!i i P ] P ] A ] l i P ] t ➢ 1 1 A I ➢ I ➢➢! I ] ] P I ! I P ] P ] A 1 P 11 AA I A 1 t '"ia /� ] ➢! ] ] 8 A ➢� 53�.. t, Y i 1 R ➢f 99 R All ii P Y i 3 A P A! Y ➢ ➢ 1➢ I ]! A ➢ !3 ! I i. ➢ A t A� { • - N 4 k. 8 , 8 a 5 a a x x 1 xs y 4p i r9 ; C ry r S; R 11 J- a (E ? it All A A P P t I ) d s s s� d d€ i d s'➢ a° ! d "y!I � �rMC) 4 i� 4 p w} � ILI S, a a .I a ap IFF »N l 7 .Q 5 o 5 R v dL r 5 9° a ii fll 1 i x ¢. - 3 ! 4 ! ➢ 3 ] ! Z !rt dd 3" 4 3 P Jim II I p 6 a a ¢ R @ S ay c¢? ..: a s• "➢,i. _ a A I &A, '`S �� ➢a` d d i! � a p sp��,g�� j L �"j 77 Vol. a a 1 Pq. v1 v C m Q1 ff N' E w Y `w a m a Y O 0 a 2 O H Q z Z W 0 O W N N C ui N N O N ti OO N O ti 00 0 E (D m E w L U V C v a a C 3 0 U O m v c O 00 N r N N N N E Y w 3 u` m N c n ci v H N V E Y C �a 0 a` m m C m N M E w H _T O a C m V I Oil ro m v C Qt N M N E w Y v 3 a O Z T m N r O N J O m v ,I Vol. p9.% N_ t Q O, U' N T w O r- 0 w N O Q a) t OI c_ O t 8 , ` COMMERCIAL SERVICES June 1, 2015 Orkin Pest Control 4700 Elmo Weedon Suite 106 College Station TX 77845 Orkin966 @sbcglobal.net Ernest Stutts Brazos County Tax Office 4151 County Park Ct Bryan TX 77803 RE: Pest Control Services Mr. Stutts, ID Orkin will add the service of the new tax office to Brazos County's monthly service schedule for $40.00 per service. This service will be performed as long as the service period continues, and will be subject to the same renewal requirements as all services provided for Brazos County. Please let me know if you require anything further. Regards,/s,, Jay Klinkke Branch Manager Duane Peters Date County Judge An independently owned franchise' of Orkin Franchise Systems Vol. / Pg. BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT: Road & Bridge MEETING DATE: June 9, 2015 SUBJECT: Utility Permit — Wellborn Special Utility District Consider and take action on the Wellborn Special Utility District utility pennit to construct a road bore for a 1 -inch water line crossing under Peach Creek Road 5,485 feet North of SH 6. Crossing will be a minimum of 36 inches below the bottom of the drainage ditch. Site is located in Precinct 1. SUBMITTED BY: <QL).-7 Darrell W. Kolwes Right of Way Agent This request APPROVED BY: Duane Peters, County Judge DATE: (D (q l ( (S Dners, Court VPg•_�L_ APPLICATION FOR WATER UTILITY PERMIT DESIGNATING PLACEMENT OF UTILITY IN COUNTY RIGHT OF WAY TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS Pursuant to the Texas Utility Code, Section 181.024, comes now Wellborn SUD [company name], hereinafter referred to as "Company" a Texas [state] Corporation, with authority to transact business in Texas, acting by and through its duly authorized representative, and hereby petitions the County Engineer for the right to lay, construct, maintain, repair and /or operate a gas facility under, over, across and /or along certain County Roads as shown on drawings and diagrams attached hereto and said location described as follows: Facility to Cross Road Road Name & Block Number Length of Crossing TYPE OF CONSTRUCTION CHECK ONE Bored Jacked Driven Cased Peach Creek Road 80 ft. X X Facility to Parallel County Road Within Right -Of -Way Road Name and Block Number From To Depth Distance CONSTRUCTION TYPE 1" Diameter 0.10" Wall Thickness 2" Encasement Pipe Material Specification PVC Maximum Operation Pressure 200 PSI The location and description of the proposed installation and appurtenances must be fully shown on the attached detailed drawings. The Company shall commence actual construction/work in good faith within 60 days from the date of said permit and shall complete said construction /work within 15 working days. (COMPANY MUST FILL IN). If such construction is not begun by the 60'h day, Company will be required to apply for a new permit. Company declares that prior to filing this application, it has ascertained the location of all existing utilities, both aerial and underground, and the filing of this application is prima facie evidence that the proposed installation will not conflict with any existing utility. A copy of this permit shall be kept at thejob site any time work is being performed It is expressly stipulated that this Permit is a license for permissive use only and that the placing of facilities upon public property pursuant to this permit shall not operate to create or vest any property right in said holder. It is understood and agreed that the rights and privileges herein set out are granted only to the extent of the County's right, title and interest in the land to be entered upon and used by the holder and the holder will at all times assume risk of and indemnify, defend and save harmless Brazos. County_from _ and.against.anyand.all -loss[ damages, cost or Vol. 1 pg._l o expense arising in any manner on account of the exercise or attempted exercise by said holder of the aforesaid rights and privileges. Any deviation from these specifications must be approved by Brazos County Engineer's Office or its designated representative. Approval of County Engineer's Office may take as long as two weeks after complete application is received. Applicant agrees to comply with all rules of the County Commissioners and the County Engineer in construction of said installation attached hereto as BRAZOS COUNTY DESIGN STANDARDS AND SAFETY PRECAUTION REQUIREMENTS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY and incorporated herein for reference. In the event Company fails to obtain a permit prior to the installation w does not install utilities in compliance with installation requirements set forth herein (Le. depth, location, etc), Company assumes all financial responsibility for damages and/or destruction of lines, cables, etc. based upon itsfailure to comply with Brazos County requirements. Applicant agrees that if Brazos County demonstrates a violation of the terms of this policy, Applicant stipulates that requisites far injunctive relief exist and that Brazos County is entitled to relief enjoining any conduct by applicant which is contrary to the policies. This permit is a revocable permit Brazos County reserves the right to revoke this pernit at any time, in the sole discretion of Brazos County, for interests of public health, safety or welfare, or for failure to repair any damages upon dentand, or for any other reason deemed sufficient by Brazos County. In the event Company fails to comply with any or all of the requirements as set forth herein, the County may tare such action as it deems appropriate to compel compliance. The Comity Engineer fn•tlrer retains the right to revoke this Permit by verbal notification to the Applicant/Company. Failure to obtain this pernit and /or notify the County Engineer's Office within 24 hours of beginning construction shall constitute grounds for job shutdown. By signing below, I certify that I am authorized to represent the Company listed below, and that the Company agrees to the conditions /provisions included in this permit. Wellborn SUD Company Name Stephen Cast By rpR afore general nager Title P.O. Box 250 We,lelssorn Tx 77881 {t�v C,79 -690 -9799 State Zip Phone qm or wsu is verizon .net /wsud.sc @verizon.net Email: Vol. _�� Pg.�� WATER UTILITY APPROVAL Brazos County offers no objection to the proposed location of the utility in the County right of way as shown by accompanying drawings and notice dated L — / — / 5- except as noted below: EXCEPTIONS: (Month/Day/Year) Brazos County Engineer Vol. _ �% P9•_ `� f 0 c Q x 0 O Z (2)9 O 0 b N a 01 v s+ V U m P, I R x 0 Q m O �c 0 0 O U 0 w x J Id , C4 ro w o H ~ U � N 6 W � 'o E s+ p 0 vw ma w U R w u x O N ow d ' o 0 � v u N N �x � o G .i o m Wa�+ 9 �MH W z J RIGHT-0 FUUAY AVKH 0-1H V a Fvol. T�L Pg —f� i a C C) U z O U LL VJ J U z 0 W W j- t— 0 Z � O i= Q d � 2 [n w z � p Q O V W � 0 M < Q W V Z = O Lu X LU _< CL W Z d O J z d O O V d } q F O O z Q O V LU o a a E c� u z 8 4 z o Q 0 CL d z of 00 < O v F- a d z LU z Li r N C'7 W H y q J y W o pq U AVKH 0-1H V a Fvol. T�L Pg —f� i a C C) U z O U LL VJ J U z 0 W W j- t— 0 Z � O i= Q d � 2 [n w z � p Q O V W � 0 M < Q W V Z = O Lu X LU _< CL W Z d O J z d O O V d } q F O O z Q O V LU o a a E c� u z 8 4 z o Q 0 CL d z of 00 < O v F- a d z LU z Li r N C'7 4" r 7 V tee, id, J N ziI A�b c .I C � neseeuvee.e Izi d 4 I is ti J 1 ���\•\ • i tN •G. i.. � 8,I WW- ! Y w Z Y O Z 2, F' �� � \• Z _ w F0 EL W J W W W S 4� v 4A a� a e 3' w W �a 1 U S 4 w a m W � e h m c £P ti r' 4 m U U7 a Z m _ _ _ \ 'x!' -�S i]~.Y- ��::}���• 7=�i Sth) ski' Vol. pg•_ _ 4� v 4A a� a e 3' w W �a 1 U S 4 w a m W � e h m c £P ti r' 4 1 � $ 1 1 � vr.. s � -.i �• � 1� 1 I r �� r AID 6eae .Caeek.R,1P- �""`�71. • rn p 4�co L /n is BRAZOS COUNTY ROADWAY SAFETY AND ROAD PRESERVATION STANDARDS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY A. General Requirements 1. Adequate drainage shall be maintained in ditches at all times. 2. Permittee will use best management practices ( "BMP ") (EPA and TCEQ both provide lists of examples of BMPs) to minimize erosion and sedimentation resulting from the proposed installation. 3. The permittee shall take precautions to avoid damage to property. All County Right of Way and property shall be restored to its original condition, as far as practical, in the opinion of the County Engineer or appointed representative. 4. The construction and maintenance of such utility shall not interfere with the property or rights of a prior occupant. 5. Permittee shall not interfere with other utilities located in the right of way. In the event damages occur, permittee will be liable to the County or other utilities running through the right of way. 6. County Engineer shall determine whether or not permittee's plans shall inconvenience the public. If it is determined that inconvenience to the public exists, then the County Engineer will decide whether such project will be allowed or if an alternative exists so as not to inconvenience the public. B. Safety Requirements 1. Proper traffic control measures must be put in place prior to beginning work and remain in place during the duration of the job. All traffic control measures must follow the Texas Manual of Uniform Traffic Control Devices ( TMUTCD). See Traffic Control Requirements below. 2. During construction, all safety regulations of the Texas Department of Transportation shall be observed. 3. Permittee must take such precautions and measures, including placing and displaying safety devices, as may be necessary, in order to safely conduct the public through the project area. Company shall provide flagmen, signs, signals or devices necessary to provide complete safety to the public. 4. Adequate provisions must be made to cause minimum inconveniences to traffic and adjacent property owners. 5. No cable, conduit and /or pole line shall be laid, constructed, maintained and /or repaired so as to constitute a danger or hazard of any kind to persons or vehicles using such road. Any poles placed in the Right of Way for future installation shall be placed at the back of the Right of Way. Exceptions maybe approved by the County Engineer. C. Traffic Control Plan 1. A traffic control plan, pursuant to the TMUTCD or Engineered Traffic Control Plan must be provided for the following: a. Any construction (i.e. pit, excavation, hole) left open overnight, requires specific ni h2 ttime traffic control measures pursuant to the TMUTCD; Vol. Z / Pg._ 40 b. If construction is within ten (10) feet of the roadway; or c. Any work performed in the road right -of- -way; 2. Plan must be attached to the permit and kept at the job site anytime work is being performed. 3. Plan must set forth the time of completion for the job. D. Design Standards 1. All overhead installations shall conform to clearance standards of the Texas Department of Transportation and the pole be placed in the designated area for power specified as set forth in the Texas Utilities Code, Section 181.045. 2. All pole installation (including lighting) shall be placed at the backside of the Right of Way to ensure safety to the public. Any pole placed in violation of this requirement will be required to be moved to the appropriate location at the company's expense. Exceptions may be approved by the County Engineer. All underground installations shall (these are minimum depths— utility may place deeper): a. be placed at a minimum depth of forty-eight (48) inches below the top of the pavement; b. be at least thirty-six (36) inches below ditch flow line when installation is within the area measured from top of bank to top of bank; c. be at least forty-eight (48) inches below ditch flow line if low pressure gas or petroleum lines. For high pressure gas and petroleum lines, see High Pressure Pipelines requirements listed below; d. not be closer than ten (10) feet from the edge of pavement. Exceptions may apply in rights of way of less than 60 feet. 4. Water Lines: All water lines must be a minimum 36-inches below the ditch flow line and cased. Waterlines shall be cased if crossing under the roadway. 5. Utilities in all new developments that have 60 feet or greater of right of way shall be installed within designated locations based upon the type of utility. The locations shall be as follows: (measured from back of right -of -way). Power— 0 to 2 feet, nominally 1' Phone — 2 to 4 feet, nominally 3' Gas — 4 to 6 feet, nominally 5' Cable — 6 to 8 feet, nominally 7' 6. Utilities with less than 60 feet right -of -way in all new developments shall install the utility in a similar manner as referenced in No. 3 above; however, the County Engineer or its designated representative will provide final approval of each utility location. 7. The length of any trench to be opened in advance of the pipe, conduit or ducts may not be longer than 400' if left open over night or unattended. 8. Crossings under a county road shall: a. be bored or jacked. ABSOLUTELY NO OPEN CUTS WITHIN COUNTY ROAD PAVEMENT; b. be pressure grouted for the full length of the crossing if the annular space between pipe and casing and soil exceeds one (1) inch. Brazos County must be given 24 hours notice of pressure grouting operations and have the opportunity to have an inspector on site to observe pressure grouting operations; Vol. _ / pg. c. TxDOT Standard Specification Item 476 shall be followed for all boring, jacking, tunneling andjoints. 9. Bore Pits: a. no pits shall remain open longer than 2 days; b. all pits shall have proper traffic control measures in place. Sec Traffic Control Plan listed above. c. pits shall NOT be located within ten (10) feet from the edge of pavement without prior approval from the County Engineer or his representative; d, when pits are to remain open for more than 8 hours, due diligence will be used in protecting the spoil pile to prevent drainage problems; e. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity; f, based upon soil conditions, the County Engineer or his representative may require pits be placed further from the edge of road. 10. Any installation within ten (10) feet of edge of pavement shall meet the following: a. location must be approved by the County Engineer or his representative b. backfilled with cement stabilized material. c. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity. d. all excess water and mud shall be removed from the trench prior to backfilling. Any backfill placed during a rainy period or at other times where excess water cannot be prevented from entering the trench will be considered TEMPORARY and shall be replaced with PERMANENT cement stabilized material as soon as weather permits; e. all disturbed base and pavement materials shall be removed and restored to the satisfaction of the County Engineer or his representatives. f. no side or lateral tamping to fill voids under the base and pavement materials is allowed. 11. Company must be careful to not jeopardize the slope or integrity of the shoulder of the road. In the event Company damages the slope, shoulder or any other portion of the right -of -way, Company will be responsible for repairing the damage and replacing the right -of -way to the condition it was prior to commencing construction. 12. Operation of construction and/or maintenance equipment on the traveled surface of any improved County road will not be permitted, except in an instance whereby the laying, construction, maintenance and /or repair of cables, conduits and/or pole lines cannot be accomplished by any other method and in this event all such equipment shall be of the rubber tire variety. Appropriate traffic control shall be provided meeting TMUTCD requirements. 13. In the event said construction and/or maintenance and /or repair requires Company to remove, cut or jeopardize any section of the road (asphalt, cement, road base, etc.), Company will be required to provide a performance bond or letter of credit securing necessary repairs. Said bond amount will be determined by the County Engineer. 14. The applicant shall submit a letter of "No Objection" from the Army Corps of Engineers for all designated wetlands and environmentally sensitive lands. E. Emergency work 1. In the event Company is required to perform emergency services, that requires excavation in a County Right of Way, and unable to notify the County Engineer prior to conducting emergency repairs, Company shall notify County Engineer within 24 hours of beginning construction/repairs. This will allow the County Engineer's Office an opportunity to inspect the site to ensure the integrity of the County Right of Way and traffic safety controls used. F. Repairs to existine facilities 1. Maintenance and/or repair to existing cables, conduits, and/or pole lines which require disturbance of the soil, shall not be performed until plans describing such maintenance and/or repair have been approved by the County Engineer or its designated representative and a permit has been obtained. G. Relocation of utilities 1. When and if the County Engineer determines that it is necessary for the construction, repair, improvement, alteration or relocation of all or any portion of said road, any or all poles, wires, pipes, cables or other facilities and appurtenances authorized hereunder, shall be removed from said road, or reset or relocated thereon, as required by the County Engineer within a reasonable time as determined by the County Engineer and Utility Company, and at the expense of the Utility Company. H. Hieh Pressure Pipelines 1. All utility Permits for high pressure pipelines (generally 60 PSI or greater), whether pertaining to controlled access or non - controlled access installations, should contain the following additional information in the description of the permit. - diameter -wall thickness - material specification - minimum yield strength - maximum operation pressure of the pipeline 2. With the exception of the maximum operation pressure of the pipeline, this information is to be supplied for both the carrier pipe and the casing. 3. Assurance must also be given that the installation material and design meet the minimum Federal Safety Standards for Liquid and Gas Pipe Lines. Assurance must be provided on company letterhead and signed by an authorized representative of the company. 4. Petroleum Pipelines: Depth Type of Pipeline (below deepest ditch grade) Special Requirements Encased Pipe Less than 10' Must be covered with concrete pad at least 36" deep Encased Pipe Greater than 10' No concrete pad required Non -Cased Pipe Less than 10' Must be covered with concrete pad at least 48" deep Non -Cased Pipe Greater than 10' No concrete pad required Concrete pad shall be minimum of 3" thick and width shall be pipe diameter plus 18" minimum 5. Under no circumstances will a pipeline be installed parallel to a County Road within the Right -of- Way. Transmission lines have been determined to be petroleum pipelines (which includes natural gas lines) and shall not be parallel to a County Road. 6. Natural Gas Distribution is a line that serves the final customer. L ol.__ " / pg._ p / •a� �S hgp E °fifi b N J *� xeE� 2�E bE8 vo Hit laj-Ek . Fe 2_�E^ &° � 9f Zi �E F� €E '�°� ° &b O•.$ °OAR _ gg�L ayy e_ 606E2 S Z� i`S�♦ 4g °i i_p %II6�i 8'°,gb �¢Otn 999 a2B S sfE2`o g87;ttbl -hEE «b 9119 EEE [C E -S`8k 2YEgP�py§ a i Ek8 "�� � hw-C s85 bbl Ls ��i -•^ �aa €s3M3,°rc E h_g rJ$e .g pox �wwwz q hgp E °fifi b N J gg xeE� 2�E bE8 vo Hit laj-Ek . Fe 2_�E^ &° � 9f Zi O J O � W O_ p e_ 606E2 S Z� i`S�♦ 4g °i i_p %II6�i 8'°,gb �¢Otn 999 a2B S sfE2`o g87;ttbl -hEE «b 9119 EEE [C E -S`8k 2YEgP�py§ a i Ek8 "�� � hw-C s85 bbl Ls ��i -•^ �aa €s3M3,°rc E h_g — —' -- -aLR Zc.yc -a —wld ---'---------------- S w..s —1 . C h° _ _ _ _ _ — _ _ — yap lncut apl ^WS 1i w4 whim .... ♦ s�mN C VWVq o Caw�nau �jV�la i WwV W Wt pavan qi����m wllvaa WIJ��iu1�3�p wa 1 ain p'3nl WSlo Vol. pg./ O ,�— L J O in N O V Z � O _ y o ut � w o � U C 2 W C � U Y O 3 w O N J � O O _ 2 � � o z N o U U C � Q > d C N � Y K 3 w 0 J � N 2 O N � O � — i 6 O W C •" Z O U C U N O U Y BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT: Road & Bridge MEETING DATE: June 9, 2015 SUBJECT: Temporary Utility Permit — FWP Holdings, LLC Consider and take action on the FWP Holdings, LLC utility permit to install temporary 10" polyurethane (flat hose) water line within and along the right -of- -way of Edge School House Road and Jack Manning Road. Project will provide water to oil well. Site is located in Precinct 2. SUBMITTED BY: Darrell W. Kolwes Right of Way Agent This request is APPROVED BY: Sammy C alena Commissioner Precinct 2 Duane Peters, County Judge DATE: (a � Ire ;sioners' Court I APPLICATION FOR WATER UTILITY PERMIT DESIGNATING PLACEMENT OF UTILITY IN COUNTY RIGHT OF WAY TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS Pursuant to the Texas Utility Code, Section 181.024, comes now FWP Holdings, LLC [company name], hereinafter referred to as "Company" a Texas_ [state] Corporation, with authority to transact business in Texas, acting by and through its duly authorized representative, and hereby petitions the County Engineer for the right to lay, construct, maintain, repair and /or operate a gas facility under, over, across and/or along certain County Roads as shown on drawings and diagrams attached hereto and said location described as follows: Facility to Cross Road Road Name & Block Number Length of Crossing TYPE OF CONSTRUCTION CHECK ONE Depth Distance Bored Jacked Driven Cased Edge Schoolhouse Rd. 30 °55'33.12 "N 30°56'11.40 "N On Surface Approx. 3,500 ft. Jack Manning Rd. 96 017'15.75 "W 9VIT1039 "W Approx. 3, 100 ft. Facility to Parallel County Road Within Right -Of -Way Road Name and Block Number From To Depth Distance Edge Schoolhouse Rd. 30 °55'33.12 "N 30°56'11.40 "N On Surface Approx. 3,500 ft. Jack Manning Rd. 96 017'15.75 "W 9VIT1039 "W Approx. 3, 100 ft. CONSTRUCTION TYPE 10" Diameter Wall Thickness PROJECT WILL LAY 10" POLYYURETHANE Material Specification Polyurethane (Flat Hose) Maximum Operation Pressure 200 -600 PSI WATER LIIQE IN RIGHT OF WAY FOR APPROX. 15 DAYS. The location and description of the proposed installation and appurtenances must be fully shown on the attached detailed drawings. The Company shall commence actual construction/work in good faith within 60 days from the date of said permit and shall complete said construction /work within 15 working days. (COMPANY MUST FILL IN). If such construction is not begun by the 60'" day, Company will be required to apply for a new permit. Company declares that prior to filing this application, it has ascertained the location of all existing utilities, both aerial and underground, and the filing of this application is prima facie evidence that the proposed installation will not conflict with any existing utility. A copy of this permit shall be kept at thejob site any time work is being performed. It is expressly stipulated that this Permit is a license for permissive use only and that the placing of facilities upon public property pursuant to this permit shall not operate to create or vest any property right in said holder. It is understood and agreed that the rights and privileges herein set out are granted only to the extent of the County's right, title and interest in the land to be entered upon and used by the holder and the holder will at all times assume risk of and indemnify, defend and save harmless Brazos County from and against any and all loss, damages, cost or Vol. _, Pg. %G expense arising in any manner on account of the exercise or attempted exercise by said holder of the aforesaid rights and privileges. Any deviation from these specifications must be approved by Brazos County Engineer's office or its designated representative. Approval of County Engineer's Office may take as long as two weeks after complete application is received. Applicant agrees to comply with all rules of the County Commissioners and the County Engineer in construction of said installation attached hereto as BRAZOS COUNTY DESIGN STANDARDS AND SAFETY PRECAUTION REQUIREMENTS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY and incorporated herein for reference. In the event Company jails to obtain a permit prior to the installation or does not install urilides in compliance with installation requirements set forth herein (Le. depth, location, etc), Company assumes all financial responsibility far damages and/or destruction of fines, cables, etc. based upon its failure to comply with Brazos County requirements. Applicant agrees that if Brazos County demonstrates a violation of the terms of this policy, Applicant stipulates that requisites for injunctive relief exist and that Brazos County is entitled to relief enjoining any conduct by applicant which is contrary to the policies. This permit is a revocable permiC Brazos County reserves the right to revoke this permit at any time, in the sole discretion of Brazos County, for Interests of public health, safety or welfare, or for failrrre to repair any damages upon demand, or for_any.other. reason deemed sufficient cient Brazos Coun - ------- - - - - -- -- -- - -Y ty — — � -- In the event Company fails to comply with any or all of the requirements as set forth herein, the County may take such action as it deems appropriate to compel compliance. The County Engineer further retains the right to revoke this Permit by verbal nod"frcadon to the Applicant/Company. Failure to obtain this permit and/or notify the County Engineer's Ofjice within 24 hours of beginning construction shall constitute grounds for job shutdown By signing below, I certify that I am authorized to represent the Company listed below, and that the Company agrees to the conditions/provisions included in this permit. rl,JP Pv_rL Company Nal�me !` // / 7— By: Signatures l� Title Po sox 4 213zQ Addres s I Tb u ik -7 7 of l2 City 814. 3 State zip '7l3. 51? Phone Num r ! rc Phoehixrc/ vices, �ry Email Vol. pg. 16,_5" WATER UTILITY APPROVAL Brazos County offers no objection to the proposed location of the utility in the County right of way as shown by r accompanying drawings and notice dated � — a? — I t except as noted below: EXCEPTIONS: (Month /Day/Year) Jt ✓ Brazos County Engineer Vol. _� �/ . Pg_ /D L i u IQ \ k om E§q \ < k2/ m < . r \ \@ j < ? > / o 2 > § \ > f ;u j § / m \ / w § \ k j \ / . 7 \ \ g Z g / Q \ § § z m \ m \ Z m « \ > i \ ) \ 7 g \ \ \ \ ) \ \ ƒ / 0 ? ? 2 } \ 0 4 Plot u ,Gr<._¥ § *_40--L .,. / 75b-, 2 / 2 G � ... Vol. d! ¢ /J/ S U � /i /@ 9§ _j } § ( § [ ) ) § § � � � & \ j o ! F vn P r 4 hi ppy;?y4. f I 1 , 4 ,W ! F vn P r 4 hi ppy;?y4. f I 1 , BRAZOS COUNTY ROADWAY SAFETY AND ROAD PRESERVATION STANDARDS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY A. General Requirements 1. Adequate drainage shall be maintained in ditches at all times. 2. Permittee will use best management practices (`BMP ") (EPA and TCEQ both provide lists of examples of BMPs) to minimize erosion and sedimentation resulting from the proposed installation. 3. The permittee shall take precautions to avoid damage to property. All County Right of Way and property shall be restored to its original condition, as far as practical, in the opinion of the County Engineer or appointed representative. 4. The construction and maintenance of such utility shall not interfere with the property or rights of a prior occupant. 5. Permittee shall not interfere with other utilities located in the right of way. In the event damages occur, permittee will be liable to the County or other utilities running through the right of way. 6. County Engineer shall determine whether or not permittee's plans shall inconvenience the public. If it is determined that inconvenience to the public exists, then the County Engineer will decide whether such project will be allowed or if an alternative exists so as not to inconvenience the public. B. Safety Requirements 1. Proper traffic control measures must be put in place prior to beginning work and remain in place during the duration of thejob. All traffic control measures must follow the Texas Manual of Uniform Traffic Control Devices (TMUTCD). See Traffic Control Requirements below. 2. During construction, all safety regulations of the Texas Department of Transportation shall be observed. 3. Permittee must take such precautions and measures, including placing and displaying safety devices, as may be necessary, in order to safely conduct the public through the project area. Company shall provide flagmen, signs, signals or devices necessary to provide complete safety to the public. 4. Adequate provisions must be made to cause minimum inconveniences to traffic and adjacent property owners. 5. No cable, conduit and /or pole line shall be laid, constructed, maintained and /or repaired so as to constitute a danger or hazard of any kind to persons or vehicles using such road. Any poles placed in the Right of Way for future installation shall be placed at the back of the Right of Way. Exceptions may be approved by the County Engineer, C. Traffic Control Plan 1. A traffic control plan, pursuant to the TMUTCD or Engineered Traffic Control Plan must be provided for the following: a. Any construction (i.e. pit, excavation, hole) left open overnight, requires specific ni httime traffic control measures pursuant to the TMUTCD; E�_�/ pg. /0 J b. If construction is within ten (10) feet of the roadway; or c. Any work performed in the road right -of -way; 2. Plan must be attached to the permit and kept at thejob site anytime work is being performed. 3. Plan must set forth the time of completion for the job. D. Design Standards 1. All overhead installations shall conform to clearance standards of the Texas Department of Transportation and the pole be placed in the designated area for power specified as set forth in the Texas Utilities Code, Section 181.045. 2. All pole installation (including lighting) shall be placed at the backside of the Right of Way to ensure safety to the public. Any pole placed in violation of this requirement will be required to be moved to the appropriate location at the company's expense. Exceptions may be approved by the County Engineer. All underground installations shall (these are minimum depths — utility may place deeper): a. be placed at a minimum depth of forty-eight (48) inches below the top of the pavement; b. be at least thirty-six (36) inches below ditch flow line when installation is within the area measured from top of bank to top of bank; c. be at least forty -eight (48) inches below ditch flow line if low pressure gas or petroleum lines. For high pressure gas and petroleum lines, see High Pressure Pipelines requirements listed below; d. not be closer than ten (10) feet from the edge of pavement. Exceptions may apply in rights of way of less than 60 feet. 4. Water Lines: All water lines must be a minimum 36- inches below the ditch flow line and cased. Waterlines shall be cased if crossing under the roadway. 5. Utilities in all new developments that have 60 feet or greater of right of way shall be installed within designated locations based upon the type of utility. The locations shall be as follows: (measured from back of right -of -way). Power— 0 to 2 feet, nominally 1' Phone — 2 to 4 feet, nominally 3' Gas — 4 to 6 feet, nominally 5' Cable — 6 to 8 feet, nominally 7' 6. Utilities with less than 60 feet right -of -way in all new developments shall install the utility in a similar manner as referenced in No. 3 above; however, the County Engineer or its designated representative will provide final approval of each utility location. 7. The length of any trench to be opened in advance of the pipe, conduit or ducts may not be longer than 400' if left open over night or unattended. 8. Crossings under a county road shall: a. be bored or jacked. ABSOLUTELY NO OPEN CUTS WITHIN COUNTY ROAD PAVEMENT; b. be pressure grouted for the full length of the crossing if the annular space between pipe and casing and soil exceeds one (1) inch. Brazos County must be given 24 hours notice of pressure grouting operations and have the opportunity to have an inspector on site to observe pressure grouting operations; Vol. _2 2 / pg. //01 c. TxDOT Standard Specification Item 476 shall be followed for all boring, jacking, tunneling and joints. 9. Bore Pits: a. no pits shall remain open longer than 2 days; b. all pits shall have proper traffic control measures in place. See Traffic Control Plan listed above. c. pits shall NOT be located within ten (10) feet from the edge of pavement without prior approval from the County Engineer or his representative; d. when pits are to remain open for more than 8 hours, due diligence will be used in protecting the spoil pile to prevent drainage problems; e. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity; f. based upon soil conditions, the County Engineer or his representative may require pits be placed further from the edge of road. 10. Any installation within ten (10) feet of edge of pavement shall meet the following: a. location must be approved by the County Engineer or his representative b. backfilled with cement stabilized material. c. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity. d. all excess water and mud shall be removed from the trench prior to backfilling. Any backfill placed during a rainy period or at other times where excess water cannot be prevented from entering the trench will be considered TEMPORARY and shall be replaced with PERMANENT cement stabilized material as soon as weather permits; e. all disturbed base and pavement materials shall be removed and restored to the satisfaction of the County Engineer or his representatives. f. no side or lateral tamping to fill voids under the base and pavement materials is allowed. 11. Company must be careful to not jeopardize the slope or integrity of the shoulder of the road. In the event Company damages the slope, shoulder or any other portion of the right -of -way, Company will be responsible for repairing the damage and replacing the right -of -way to the condition it was prior to commencing construction. 12. Operation of construction and /or maintenance equipment on the traveled surface of any improved County road will not be permitted, except in an instance whereby the laying, construction, maintenance and/or repair of-cables, conduits and /or pole lines cannot be accomplished by any other method and in this event all such equipment shall be of the rubber tire variety. Appropriate traffic control shall be provided meeting TMUTCD requirements. 13. In the event said construction and /or maintenance and /or repair requires Company to remove, cut or jeopardize any section of the road (asphalt, cement, road base, etc.), Company will be required to provide a performance bond or letter of credit securing necessary repairs. Said bond amount will be determined by the County Engineer. 14. The applicant shall submit a letter of "No Objection' from the Army Corps of Engineers for all designated wetlands and environmentally sensitive lands. E. Emergency work 1. In the event Company is required to perform emergency services, that requires excavation in a County Right of Way, and unable to notify the County Engineer prior to conducting emergency repairs, Company Vol. _ / pg. ?/% shall notify County Engineer within 24 hours of beginning construction /repairs. This will allow the County Engineer's Office an opportunity to inspect the site to ensure the integrity of the County Right of Way and traffic safety controls used. R Repairs to existing facilities 1. Maintenance and/or repair to existing cables, conduits, and /or pole lines which require disturbance of the soil, shall not be performed until plans describing such maintenance and/or repair have been approved by the County Engineer or its designated representative and a permit has been obtained. G. Relocation of utilities 1. When and if the County Engineer determines that it is necessary for the construction, repair, improvement, alteration or relocation of all or any portion of said road, any or all poles, wires, pipes, cables or other facilities and appurtenances authorized hereunder, shall be removed from said road, or reset or relocated thereon, as required by the County Engineer within a reasonable time as determined by the County Engineer and Utility Company, and at the expense of the Utility Company. H. High Pressure Pipelines 1. All utility Permits for high pressure pipelines (generally 60 PSI or greater), whether pertaining to controlled access or non - controlled access installations, should contain the following additional information in the description of the permit. - diameter -wall thickness - material specification - minimum yield strength - maximum operation pressure of the pipeline 2. With the exception of the maximum operation pressure of the pipeline, this information is to be supplied for both the carrier pipe and the casing. 3. Assurance must also be given that the installation material and design meet the minimum Federal Safety Standards for Liquid and Gas Pipe Lines. Assurance must be provided on company letterhead and signed by an authorized representative of the company. 4. Petroleum Pipelines: Depth Type of Pipeline (below deepest ditch grade) Special Requirements Encased Pipe Less than 10' Must be covered with concrete pad at least 36" deep Encased Pipe Greater than 10' No concrete pad required Non -Cased Pipe Less than 10' Must be covered with concrete pad at least 48" deep Non -Cased Pipe Greater than 10' No concrete pad required Concrete pad shall be minimum of 3" thick and width shall be pipe diameter plus 18" minimum S. Under no circumstances will a pipeline be installed parallel to a County Road within the Right -of- Way. Transmission lines have been determined to be petroleum pipelines (which includes natural gas lines) and shall not be parallel to a County Road. 6. Natural Gas Distribution is a line that serves the final customer. Evol c� -2 / .i ♦eA lnouS 'a a sE -41W yyg g J¢ Pe 5 R eScSEk� b Sj yes. 6 aa k epk-s �E 6 Ep'pg� It° n 4 ED °8 ga\ off Hla ktrF y DES o e fig3 d z £gat8L€g z °gpbbk � _S .4f Rz2 --------------------- W O J � N 2 0 N � U z 2 O y o N w a J V � C S ] W [ > O U Y 3 E 8 °m8 ro�rous 7 noes a OH, mFa NOP °x oe i.ws �inws Wu OL />I = a gp 6 3a .°n rnN N8� i b CIS 'a a sE -41W yyg g J¢ Pe 5 R eScSEk� b Sj yes. 6 aa k epk-s �E 6 Ep'pg� It° n 4 ED °8 ga\ off Hla ktrF y DES o e fig3 d z £gat8L€g z °gpbbk � _S .4f Rz2 --------------------- W O J � N 2 0 N � U z 2 O y o N w a J V � C S ] W [ > O U Y 3 E 8 °m8 ro�rous 7 noes a 4 oe i.ws �inws Wu OL />I = a gp 6 Vol. 2 / pg. / /J_ K W O N J 9 � O O � x O N O Z � a O v c tt U � Q s a c N o V Y K O � N O o s o N O O � � Q o w c z o a w U V C ~ Q > d C N U Y 3 14 BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2014 -2015 BUDGET YEAR NO. 14/15 36.1-36.13 On this the 9th day of June 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 9th day of June 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 9th day of June 2015. THE COMbIISSIONERS COURT OF BRAZOS COUNTY, TEXAS. Duane Peters, County Judge Original: County Clerk's Office and Attached to the original budget F l. 02 a Pg.�`7� BRAZOS COUNTY, TEXAS BUDGETAMENDMENTS No. 14115 - 36.1 for Vol. -2-J Pg.1 /5� BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 14/15 - 36.2 6/9/2015 FUNDI DIV I ACCT PROD I DR/CR ACCOUNT NAME Increase Decrease 0100 1 31000200 11 72540000 1 CR Physician Services 2,750.00 0100 310002001 71030000 CR Employment Services 2,065.85 0100 M0002001 61470000 DR Prescriptions 4,815.85 Juvenile Services - Detention Reallocation of funds to pay for prescriptions prescribed by the doctor for youth housed in the Juvenile Detention Center. Vol. / pg. //� Constable Pct. #4 Reallocation of BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 14115 - 36.3 Vol. Pg. ��7 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 14115 - 36.4 ACCOUNT Sheriff Administration Reallocation of funds to purchase two cameras and three BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 14/15 - 36.5 6/9/2015 FUNDI DIV ACCT PROJ DRICRI ACCOUNT NAME Increase Decrease 2500 30210000 67286000 CR E ui ment- Other 900.00 2500 30210000 60080000 DR Clothing/Uniforms 900.00 Forfeiture - Constable Pet. #2 Reallocation of funds to purchase unifonns for new deputy. F YR 1 4L y {A, rn Vol. Constable Pct. #2 of funds to BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 14115 - 36.5 Vol. / pg./ ��� BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 14115 - 36.6 6/9/2015 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 31010000 71500000 CR Rental - Equipment 1,790.93 0100 31000200 65320000 DR Equipment - Maintenance 1,790.93 TYC Parole and Juvenile Services - Detention Reallocation of funds to replace obsolete software on the Guardl Plus, broken PIPE equipment, and downloader needed for the software. ar[mentAP4 1 nnm Dag :6/312015 CountvJudge'APProval::�s+ Vol. �, / Pg. / ;—/ _ BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 14/15 - 36.7 6/9/2015 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 4500 63000500 80892820 CR Vehicles - Jail 27,955.50 4500 0500 67281000 DR Equipment - Electronic 4,669.34 4500 00500 202 80203000 DR Computer - Hudware 12,627.21 4500 1 63000500 80281000 DR Equipment - Electronic 10,658.95 Capital Improvement - Jail Reallocation of funds to pureahse e uipment for the CIT Division. 4 X34t3 'i ��Y1) -H iA�i'+4f �CI� ,h,� CF��S Y��i . WiL S��t r4njll'P�41 ( artme_nt DaI �r , *�6t3/2015 V01, P9-_/ 02 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 14/15 • 36.8 NAME - Constable Pct. N4 Reallocation of funds to oav for installation cost of radars. Y {p —'0 t)epartment ;APprov ,,:., -�„ ate kt .• -i ^tt4 ...A 'i`L� 53FJ �C�.iJud9e "A2Prova15;5'y! , �. �:.:.- :""m^�P -• � > °:�'�Date:- "'� ;:- ;�:: to BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 14115 - 36.9 F--�- pg zl� BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 14115 - 36.16 6/9/2015 EUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 3000 424100 67211000 CR Software 1,550.00 3000 424100 65150000 DR Computer Maintenance 1,550.00 MPO Reallocation of funds to purchase software subscriptions for Office 365, Adobe Acrobat Pro, and Adobe Creative Cloud. Vol. oZ / _ Egg, _1,2 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 14115 - 36.11 6/9/2015 FUNDS DIV ACCT PROJ DPJCR ACCOUNT NAME Increase Decrease 3000 48068000 CR NRA Grant 2,775.00 30001 281001 67286000 DR E ui ment Other 2,775.00 NRA Grant - SO Set u budget for the SO NRA Grant. Vol. Pg. /� �_ BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 14115 - 36.12 Pct. #1 donations from Greens Prairie Elementary in the amount Vol. of BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 14/15-36.13 EVol. 01.Pq. ��� f PERSONNEL I CHANGE OF STATUS REQUESTS Commissioner Court Date: June 09, 2015 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Change Requests Department Submitting Employee Request Action Requested Request(s) Applies To Commissioners Court Coffman, Cheryl Step Increase Fleet JP, Pct. 2 Juvenile Services S.O. - Jail Approved in Commissioners' Davis, Gail Transfer to Another Dept. Farmer, Michelle Resignation Michalsky, Ashley New Hire Wimberly - Wilkerson, Lisa Resignation Brunson, Kristen Resignation Felix- Rodriguez, Monica Transfer Win Dept. Miller, Abigale Promotion County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) FVoI 1