HomeMy WebLinkAbout2015-07-14 10:00AM REGULAR MEETINGBRAZOS COUNTY
BRYAN,TEXAS
NOTICE OF MEETING AND AGENDA
BRAZOS COUNTY COMMISSIONERS COURT
THE COMMISSIONERS COURT OF BRAZOS COUNTY
WILL MEET IN REGULAR SESSION ON JULY 14, 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 Mallard
2. Call for Citizen input and /or concerns.
Consider and take action on agenda items 3 - 36:
3. Resolution 15 -012 in honor of Brazos County Sheriffs Office for Distinquished Service.
4. Resolution 15 -013 recognizing the participants of the 2015 TexaslPoland Young Farmer Exchange of
the Texas Agricultural Lifetime Leadership -TALL program.
5. Order dividing one election precinct and combining Into another election precinct due to annexation
by the City of Bryan. Ordlanace No. 2097.
6. Consider and take action on nuisance abatement of a mobile home abandoned on property owned
by Alisa Starks.
7. Approval of the New Hope Cultural Education Facilities Finance Corporation Student Housing
Revenue Bonds.
$. Letter of Support of the Easterwood Aimorfs application for grant funding.
g, The District Attomev's Office is requesting approval for the replacement of a commercial sized
coffee maker.
10. Payment Authorization to Perry Office Supply in the amount of $27.28 for office supplies for
Constable. Pct. 4: a purchase order was not obtained in advance.
Vol. G Z Z Pg. �rJ
11.
12. Approval of the following Job Descriptions:
• a. Class 832, Temporary Attendant, Buildina & Grounds (1040 hrs). for the Expo Center, Pea 3
• b. Class 632, Temporary Attendant. Building & Grounds (1040 hrs), for the Expo Center, Pos
13
13. Request from the Information Technology Department for additional funds in the amount of
$6.103.68 to be added to the Advanced Authentication Capital Improvement Project.
14. Request from Facilities Service for the approval of an Capital Improvement Prolect in the amount of
$5.991.00 to The Garland Company. Inc. for repair to roof on IT building.
15. Request from Facilities Service for the approval of a Capital Improvement Prolect in the amount of
16. Request from Facilities Service for the approval of an additional $792 for Capital Improvement
Prolect for replacement lights In Administration Building parking lot.
17. Request from Facilities Service for the approval of a Capital Improvement Prolect In the amount of
$20,932.59 to Argyle Security to install security system at Precinct 3.
18. Cancelation of Bid # 2015.45 with All American Poly. All American Poly was awarded Item #s 32 and
33 and will not deliver on the products for the cost submitted In the bid.
19. Award of Item #s 32 and 33 of bid # 201545 Janitorial Chemicals and Trash Bags to Crown Paper.
20, Permission to advertise RFQ 2015 -59 Legal Representation of Indigent Juveniles.
21. Permission to advertise Bid # 2015 -64 Various Road Materials.
22. Permission to advertise Bid #2015.66 Stall Shavings and Pellets.
23. Amendment to contract with Guardian RFID to decrease the cost stated on Addendum C.
24, Approval of evaluation committee for RFP # 2015.61:
• a. Tom Quarles
• b. Gary Arnold
• c. Commissioner Catalena
• d. Irene Jett
• e. Ernest Stuffs
• f. Legal (non - voting)
• a. Purchasing (non - voting)
25. Approval of the Final Plat of Indian Lakes Subdivision Phase XXV (251: Lots 1 -10. Block 36: 31.667
26.
27, Request permission to enter private property owned by Robert & Mary Kraus located at 6903 Wild
Horse Run Project will reauire the County to repair drainage area that has eroded due to heavy
runoff. Site is located in Precinct 1,
28. Request Permission to enter private properly owned by John A. Babin located at 14717 Jack Cree
29. Approval of Treasurer's Report for May 2015.
Vol. _ -- P9•
l
30.
31
Tax Refund Applications for the following:
• a. Service Link of Texas - overpayment- $172.55
• b. Kathy Holbrook-overpayment-$254.46
• c. Donald K. Sewell-overpayment-$324.71
• d. Donald K. Sewell-overpayment-$8.12
• e. Donald K. Sewell - overpayment- $155.64
• f. 3D Development- overp2vment$2169.51
• a. Stephen K. McDonald - overpayment- $88.07
• h. Roger E. Vokt- overpavment$65.13
• i. Steve & Sarah Vaughn-overpayment-$9.00
• I. Fell x Torres. Sr. - overpayment- $748.38
• k. Cash Food Market-overpayment-$18.29
• I. SB.S Liquor-overpayment-$20.46
• m. Patricia Petteroverpayment- $139.32
Commissioners Court minutes for the following dates:
• a. June 2, 2015 - Regular Meeting
• b. June 9. 2015 - Regular Meeting
• c. June 16. 2015 - Regular Meeting
• d. June 23. 2015 - Regular Meeting
• e. June 30 2015 - Regular Meeting
32. Budget Amendments.
Budget Amendments FY 14115 40.1 -40.19
33. Personnel Change of Status.
Personnel Action Forms
34. Payment of Claims.
35. Convene into Executive Session pursuant to Texas Government Code 551.074 to discuss
personnel matters.
36. Consider and take possible action on Executive Session.
37. Sheriffs report on inmate population.
38. Acknowledgement of monthly reports submitted In June 2015.
39. Announcement of interest items and possible future agenda topics.
40. Call for Citizen input and /or concerns.
41. Adjourn.
Vol. Z Z Z . Pg. /,J
PUBLIC COMMENTS
Public Comment during the Commission Meeting may be for all matters, both on and off the agenda, and be limited to four
minutes per person. Persons are invited to submit comments in writing on the agenda items and /or attend and make
comment at the Commission meeting. Members of the public are reminded that the Brazos County Commissioners Court is
a Constitutional Court, with both judicial and legislative powers, created under Article V, Section 1 and Section 18 of the
Texas Constitution. As a Constitutional Court, the Brazos County Commissioners Court also possesses the power to issue a
Contempt of Court Citation under Section 81.024 of the Texas Local Government Code. Accordingly, members of the public
in attendance at any Regular, Special and /or Emergency meeting of the Court shall conduct themselves with proper respect
and decorum in speaking lo, and/or addressing the Court; in participating in public discussions before the Court; and in all
actions in the presence of the Court. Those members of the public who are inappropriately attired and /or who do not conduct
themselves in an orderly and appropriate manner will be ordered to leave the meeting. Refusal to abide by the Court's Order
and /or continued disruption of the meeting may result in a Contempt of Court Citation.
It is not the intention of the Brazos County Commissioners Court to provide a public forum for the demeaning of any
individual or group. Neither is it the intention of the Court to allow a member (or members) of the public to insult the honesty
and/or integrity of the Court, as a body, or any member or members of the Court, or County employees, individually or
collectively. Accordingly, profane, Insulting or threatening language directed toward the Court and /or any person in the
Court's presence and/or racial, ethnic or gender slurs or epithets will not be tolerated. Violation of these rules may result in
Me following sanctions:
1. cancellation of a speakers time;
2. removal from the Commissioners Court;
3, a Contempt Citation; and /or
4. such other and/or criminal sanctions as may be authorized
under the Constitution, Statutes and Codes of the State of Texas.
The County Commissioners Court can deliberate or take action only if a matter has been listed on an agenda properly
posted prior to the meeting. During the public comment period, speakers may address matters not listed on the published
agenda. The Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court.
However, responses from the County Judge or Commissioners to unlisted public comment topics could become deliberation
on a matter without notice to the public. To ensure the public has notice of all matters the Commissioners Court will consider,
the County Judge and /or Commissioners may choose not to respond to public comments, except to correct factual
inaccuracies, recite existing policy in response to an inquiry or to ask that a matter be listed on a future agenda, See Texas
Open Meetings Act ?551.04Z
INVOCATION
Any invocation that may be offered before the official start of the Court meeting shall be to and for the benefit of the Court.
The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Court and
do not necessarily represent the religious beliefs or views of the Court in part or as a whole. No member of the community is
required to attend or participate in the invocation and such decision will have no impact on their right to actively 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) 361 -4102.
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BRAZOSCOUNTY
BRYAN,TEXAS
MINUTES
July 14, 2015
BRAZOS COUNTY COMMISSIONERS COURT
0 Signature Page.cdf
0 Fite Stooped Agendapdf
0 Sign 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, July 14,
2015 with the following members of the Court present:
Duane Peters, County Judge, Presiding,
Lloyd Wassermann, Commissioner of Precinct 1;
Sammy Catalena, Commissioner of Precinct 2;
Kenny Mallard, Commissioner of Precinct 3;
Irma Cauley, Commissioner of Precinct 4, Absent,
Karen McQueen, County Clerk.
The attached sheets contain the names of the citizens and officials that were in
attendance.
Invocation and Pledge of Allegiance -
U.S. and Texas Flag - Chaplain G.H. Jones and Commissioner Mallard
LL'r. ternA pproval Shaft. html
Call for Citizen input and /or concerns.
There was no citizen's input.
Consider and take action on agenda items 3 - 36:
F—VOl.
Resolution 15 -012 in honor of Brazos County Sheriff's Office for Distinguished Service.
0. lte 3. f
The Court voted unanimously to adopt Resolution 15 -012 recognizing and commending
Sheriff Chris Kirk, Jail Administrator Wayne Dicky, and Nursing Supervisor Kathryn Wright on
behalf of the Brazos County Juvenile Services Department for distinguished service. Judge
Peters read aloud the resolution and presented it to Sheriff Kirk. Sheriff Kirk asked his staff
to come up so that everyone could see the faces of those who are the unsung heroes of the
Sheriffs Department. Sheriff Kirk and the Court thanked the members of the Sheriffs Office
staff. Dr. Doug Vance also thanked the staff for providing Juvenile Services with essential
medical assistance.
Motion: Approve , Moved by Commissioner -Loyd Wassermann, Seconded by
Commissioner Sammy Catalena. Passed. 4 -0. Members voting Aye: Catalena, Mallard ,
Peters , Wassermann. Members Absent: Cauley.
4. Resolution 15 -013 recognizing the participants of the 2015 Texas /Poland Young Farmer
Exchange of the Texas Agricultural Lifetime Leadership - TALL program.
6- ltan4.pd f
The Court voted unanimously to adopt Resolution 15 -013 recognizing those who participated
in the Texas /Poland Young Farmers Exchange of the Texas Agriculture Lifetime Leadership
- TALL Program.
Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by Commissioner
Lloyd Wassermann. Passed. 4 -0. Members voting Aye: Catalena , Mallard , Peters ,
Wassermann. Members Absent: Cauley.
5. Order dividing one election precinct and combining into another election precinct due to
annexation by the City of Bryan, Ordianace No. 2097.
[B i t�„ 5.pd f
A copy of the order is attached.
Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by Commissioner
LLoyd Wassermann. Passed. 4 -0. Members voting Aye: Catalena , Mallard , Peters ,
Wassermann. Members Absent: Cauley.
6. Consider and take action on nuisance abatement of a mobile home abandoned on property
owned by Alisa Starks.
RhIte 6. pd r
0 Pre tatlon.pdf
Legal Counsel Bill Ballard explained that this property contained serious safety and
sanitation issues that have not been resolved by the owner. Sheriffs Deputy James Hall
presented the Court with pictures of the property and mobile home. He has received
numerous complaints regarding the mobile home and issued notices to the owner. Deputy
Hall discovered the owner was living in the mobile home without a permit. The mobile home
was then moved by the owner into a county right of way and flood plane. The owner has
been given citations on these violations. Mr. Ballard said the owner has continued to
maintain the property in an unsafe manner.
Commissioner Mallard asked if a lien can be filed on the property. Mr. Ballard said yes that
the law does allow for a lien to be filed.
A copy of the presentation given by Deputy Hall is attached.
Vol. �� �_ ��9•_/
Motion: Approve, Moved by Commissioner Lloyd Wassermann, Seconded by
Commissioner Sammy Catalena. Passed. 4 -0. Members voting Aye: Catalena , Mallard ,
Peters , Wassermann. Members Absent: Cauley.
7. Approval of the New Hope Cultural Education Facilities Finance Corporation Student
Housing Revenue Bonds.
0 ltemTpd f
Joseph Eckert with McCall, Parkhurst & Horton spoke to the Court regarding New Hope
Cultural Education Facilities Finance Corporation seeking revenue bonds for student
housing.
Commissioner Mallard asked if there would be taxes paid on the property. Mr. Eckert said
there would be no taxes collected for student housing.
Phillip Ray with Chancellor John Sharp's office noted that the location of the dorms would be
on the Texas A &M campus.
Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by Commissioner
-Loyd Wassermann. Passed. 3 -1. Members voting Aye: Catalena , Peters , Wassermann.
Members voting Nay: Mallard. Members Absent: Cauley.
8. Letter of Support of the Easterwood Airport's application for grant funding.
0 ltem &rd f
Motion: Approve , Moved by Commissioner LLoyd Wassermann, Seconded by
Commissioner Kenny Mallard. Passed. 4 -0. Members voting Aye: Catalena , Mallard ,
Peters , Wassermann. Members Absent: Cauley.
9. The District Attorney's Office is requesting approval for the replacement of a commercial
sized coffee maker.
0 Item 9.pdf
Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by Commissioner
-Loyd Wassermann. Passed. 4 -0. Members voting Aye: Catalena , Mallard , Peters ,
Wassermann. Members Absent: Cauley.
10. Payment Authorization to Perry Office Supply in the amount of $27.28 for office supplies for
Constable. Pct. 4; a purchase order was not obtained in advance.
0 Iten 10.0f
Motion: Approve , Moved by Commissioner Kenny Mallard, Seconded by Commissioner
Sammy Catalena. Passed. 4 -0. Members voting Aye: Catalena , Mallard , Peters ,
Wassermann. Members Absent: Cauley.
11. The District Attorney's Office is requesting permission for Assistant District Attorney Charles
Griffin to travel to Washington DC from July 21st, 2015 through July 23rd, 2015 to attend the
4th American Bar Association National Parent Attorney Conference.
ID Iten 1 I.pdf
Motion: Approve , Moved by Commissioner -Loyd Wassermann, Seconded by
Commissioner Sammy Catalena. Passed. 4 -0. Members voting Aye: Catalena, Mallard ,
Peters , Wassermann. Members Absent: Cauley.
12. Approval of the following Job Descriptions:
• a. Class 832, Temporary Attendant, Building & Grounds (1040 hrs), for the Expo
Center, Pos 3
• b. Class 832, Temporary Attendant, Building & Grounds (1040 hrs), for the Expo
Center, Pos 13
Vol.,_ Pg.��
0 Itan 12.pdf
A copy of the job descriptions is attached.
Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by Commissioner
Kenny Mallard. Passed. 4 -0. Members voting Aye: Catalena , Mallard , Peters ,
Wassermann. Members Absent: Cauley.
13. Request from the Information Technology Department for additional funds in the amount of
$6,103.68 to be added to the Advanced Authentication Capital Improvement Project.
LU-- Item 13.pdf
Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by Commissioner
Kenny Mallard. Passed. 4 -0. Members voting Aye: Catalena , Mallard , Peters ,
Wassermann. Members Absent: Cauley.
14. Request from Facilities Service for the approval of an Capital Improvement Project in the
amount of $5,991.00 to The Garland Company, Inc. for repair to roof on IT building.
0 Item 14.pdf
Motion: Approve , Moved by Commissioner LLoyd Wassermann, Seconded by
Commissioner Kenny Mallard. Passed. 4 -0. Members voting Aye: Catalena , Mallard ,
Peters , Wassermann. Members Absent: Cauley.
15. Request from Facilities Service for the approval of a Capital Improvement Project in the
amount of $23,075 to Convergentz to replace and update wireless thermostats. This is being
bought off TCPN contract #R5045.
13 Item 15.pdf
Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by Commissioner
Kenny Mallard. Passed. 4 -0. Members voting Aye: Catalena , Mallard , Peters ,
Wassermann. Members Absent: Cauley.
16. Request from Facilities Service for the approval of an additional $792 for Capital
Improvement Project for replacement lights in Administration Building parking lot.
0 Itan 16.pdf
Motion: Approve , Moved by Commissioner LLoyd Wassermann, Seconded by
Commissioner Sammy Catalena. Passed. 4 -0. Members voting Aye: Catalena , Mallard ,
Peters , Wassermann. Members Absent: Cauley.
17. Request from Facilities Service for the approval of a Capital Improvement Project in the
amount of $20,932.59 to Argyle Security to install security system at Precinct 3.
0- Iran 17pdf
Motion: Approve , Moved by Commissioner Kenny Mallard, Seconded by Commissioner
Sammy Catalena. Passed. 4 -0. Members voting Aye: Catalena , Mallard , Peters ,
Wassermann. Members Absent: Cauley.
18. Cancelation of Bid # 2015 -45 with All American Poly. All American Poly was awarded item
#s 32 and 33 and will not deliver on the products for the cost submitted in the bid.
0 Iten 18.pdf
Motion: Approve , Moved by Commissioner LLoyd Wassermann, Seconded by
Commissioner Sammy Catalena. Passed. 4 -0. Members voting Aye: Catalena, Mallard ,
Peters , Wassermann. Members Absent: Cauley.
19. Award of Item #s 32 and 33 of bid # 2015 -45 Janitorial Chemicals and Trash Bags to Crown
Paper.
0 Iten 19 pdf
Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by Commissioner
LLoyd Wassermann. Passed. 4 -0. Members voting Aye: Catalena , Mallard , Peters ,
Wassermann. Members Absent: Cauley.
20. Permission to advertise RFQ 2015 -59 Legal Representation of Indigent Juveniles.
1B n� 20 pdf
Purchasing Agent Charles Wendt stated that originally this was advertised as a RFP.
Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by Commissioner
Kenny Mallard. Passed. 4 -0. Members voting Aye: Catalena , Mallard , Peters ,
Wassermann. Members Absent: Cauley.
21. Permission to advertise Bid # 2015 -64 Various Road Materials.
D= Ite 21.pdf
Motion: Approve , Moved by Commissioner LLoyd Wassermann, Seconded by
Commissioner Kenny Mallard. Passed. 4 -0. Members voting Aye: Catalena , Mallard ,
Peters , Wassermann. Members Absent: Cauley.
22. Permission to advertise Bid #2015 -66 Stall Shavings and Pellets.
Lei Iten22.pdf
Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by Commissioner
LLoyd Wassermann. Passed. 4 -0. Members voting Aye: Catalena , Mallard , Peters ,
Wassermann. Members Absent: Cauley.
23. Amendment to contract with Guardian RFID to decrease the cost stated on Addendum C.
2 Itvn 23.pdf
Purchasing Agent Charles Wendt noted that there was a decrease on the total. A copy of
the amended contract is attached.
Motion: Approve , Moved by Commissioner LLoyd Wassermann, Seconded by
Commissioner Sammy Catalena. Passed. 4 -0. Members voting Aye: Catalena , Mallard ,
Peters , Wassermann. Members Absent: Cauley.
24. Approval of evaluation committee for RFP # 2015 -61:
• a. Tom Quarles
• b. Gary Arnold
• c. Commissioner Catalena
• d. Irene Jett
• e. Ernest Stutts
• f. Legal (non- voting)
• g. Purchasing (non- voting)
U., I ten 24.odf
Vol. Pg. //
Motion: Approve , Moved by Commissioner LLoyd Wassermann, Seconded by
Commissioner Kenny Mallard. Passed. 4 -0. Members voting Aye: Catalena , Mallard ,
Peters , Wassermann. Members Absent: Cauley.
25. Approval of the Final Plat of Indian Lakes Subdivision Phase XXV (25), Lots 1 -10, Block 36;
31.667 Acres; J.M. Barrera Survey, A -69, H.G. Hudson Survey, A -141; (College Station ETJ)
Brazos County, Texas. Site is located in Precinct 1.
C0- Item25.odf
Motion: Approve , Moved by Commissioner LLoyd Wassermann, Seconded by
Commissioner Sammy Catalena. Passed. 4 -0. Members voting Aye: Catalena , Mallard ,
Peters , Wassermann. Members Absent: Cauley.
26. Request permission to enter private property owned by Dennis & Audrey Ecklund located at
5902 Wild Horse Run. Project will require the County to repair drainage area that has
eroded due to heavy runoff. Site is located in Precinct 1.
0 tM 26. f
Motion: Approve , Moved by Commissioner -Loyd Wassermann, Seconded by
Commissioner Kenny Mallard. Passed. 4 -0. Members voting Aye: Catalena , Mallard ,
Peters , Wassermann. Members Absent: Cauley.
27. Request permission to enter private property owned by Robert & Mary Kraus located at 5903
Wild Horse Run. Project will require the County to repair drainage area that has eroded due
to heavy runoff. Site is located in Precinct 1.
0 Iten 2TPdf
Motion: Approve , Moved by Commissioner LLoyd Wassermann, Seconded by
Commissioner Sammy Catalena. Passed. 4 -0. Members voting Aye: Catalena , Mallard ,
Peters , Wassermann. Members Absent: Cauley.
28. Request permission to enter private property owned by John A. Babin located at 14717 Jack
Creek Road. Project will require maintenance to inlet and culvert for spillway of lake that
flows under Jack Creek Road. Site is located in Precinct 2.
0 Item 28.pdf
Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by Commissioner
LLoyd Wassermann. Passed. 4 -0. Members voting Aye: Catalena , Mallard , Peters ,
Wassermann. Members Absent: Cauley.
29. Approval of Treasurer's Report for May 2015.
b Item 29. f
The Court voted unanimously to receive, approve and order filed as submitted the
Treasurer's report for May 2015. A copy of the report is attached.
Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by Commissioner
-Loyd Wassermann. Passed. 4 -0. Members voting Aye: Catalena , Mallard , Peters ,
Wassermann. Members Absent: Cauley.
30. Tax Refund Applications for the following:
• a. Service Link of Texas - overpayment - $172.55
• b. Kathy Holbrook- overpayment - $254.45
• c. Donald K. Sewell- overpayment - $324.71
• d. Donald K. Sewell- overpayment -$8.12
• e. Donald K. Sewell- overpayment - $155.64
• f. 3D Development- overpayment - $2169.51
• g. Stephen K. McDonald- overpayment - $88.07
• h. Roger E. Vokt- overpayment - $65.13
Vol.
i. Steve & Sarah Vaughn - overpayment -$9.00
j. Felix Torres, Sr. - overpayment - $748.38
k. Cash Food Market - overpayment - $18.29
I. S &S Liquor- overpayment - $20.45
m. Patricia Petter- overpayment - $139.32
t9 Its 30.Pdf
Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by Commissioner
LLoyd Wassermann. Passed. 4 -0. Members voting Aye: Catalena , Mallard , Peters ,
Wassermann. Members Absent: Cauley.
31. Commissioners Court minutes for the following dates:
• a. June 2, 2015 - Regular Meeting
• b. June 9, 2015 - Regular Meeting
• c. June 16, 2015 - Regular Meeting
• d. June 23, 2015 - Regular Meeting
• e. June 30, 2015 - Regular Meeting
Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by Commissioner
Kenny Mallard. Passed. 4 -0. Members voting Aye: Catalena , Mallard , Peters ,
Wassermann. Members Absent: Cauley.
32. Budget Amendments.
Budget Amendments FY 14/15 40.1 - 40.19
Lam- Item32. f
40.1 Reallocate funds for Juvenile Services - Detention.
40.2 Reallocate funds for TYC Parole and Juvenile Title IV -E grant provisions.
40.3 Reallocate funds for Law Library.
40.4 Reallocate funds for Constable Precinct 2.
40.5 Reallocate funds for Capital Projects - Constable Precinct 4.
40.6 Reallocate funds for Facilities Services - Landscaping.
40.7 Reallocate funds for Facilities Services.
40.8 Reallocate funds for HAVA Grant.
40.9 Reallocate funds for Juvenile Services - Detention.
40.10 Reallocate funds for Road and Bridge.
40.11 Reallocate funds for Tax Assessor Collector.
40.12 Reallocate funds for County Drug Court.
40.13 Transfer funds from Capital Projects to Fleet Maintenance.
40.14 Reallocate funds for Capital Projects- Information Technology.
40.15 Reallocate funds for Capital Projects - Facilities Services.
40.16 Reallocate funds for Capital Projects - Facilities Services.
40.17 Reallocate funds for JP Security Fund.
40.18 Reallocate funds for Jail Inmate Holding Remodel.
40.19 Reallocate funds for New Tax Office Building.
Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by Commissioner
LLoyd Wassermann. Passed. 4 -0. Members voting Aye: Catalena , Mallard , Peters ,
Wassermann. Members Absent: Cauley.
33. Personnel Change of Status.
Personnel Action Forms
L['-- Item 33.odf
Vol. _L�- F'g. /�.�
A copy of the Personnel Change of Status requests is attached.
Motion: Approve , Moved by County Judge Duane Peters, Seconded by Commissioner
Kenny Mallard. Passed. 4 -0. Members voting Aye: Catalena , Mallard , Peters ,
Wassermann. Members Absent: Cauley.
34. Payment of Claims.
0 BILL L ST07.14.15 -1.pdf
0 BILL LIST OT 14.15 -2.pdf
Clams Sheet.odf
7134332 - 7134761
Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by Commissioner
-Loyd Wassermann. Passed. 4 -0. Members voting Aye: Catalena , Mallard , Peters ,
Wassermann. Members Absent: Cauley.
35. Convene into Executive Session pursuant to Texas Government Code 551.074 to discuss
personnel matters.
At this point, the County Judge announced the Court would consider items 37 through 40
then return to convene into Executive Session.
Having considered the previously noted agenda items, at 10:45 a.m. the County Judge
stated that the Court would convene into Executive Session to deliberate pursuant to
Sections 551.074 as stated above.
The following individuals were asked to stay for the meeting:
Jennifer Salazar, Human Resources Director
Ruth McLeod, Administrative Assistant
Kendra Suhling, Civil Counsel
36. Consider and take possible action on Executive Session.
At 10:52 a.m. the County Judge announced the meeting open to the public and announced
that no action would be taken on the Closed Executive Session.
37. Sheriff's report on inmate population.
Sheriff Chris Kirk stated there were 601 inmates in jail, 60 have electronic monitors and 10
are pending for monitors.
38. Acknowledgement of monthly reports submitted in June 2015.
IB It" 38.pdf
The Court acknowledged receipt of the Extension Service reports submitted in June 2015
and acknowledged receipt of reports from the following County and Precinct Offices showing
revenues collected and remitted to the County Treasurer:
County Clerk
District Clerk
Justice of the Peace Precinct 1
Justice of the Peace Precinct 2
Justice of the Peace Precinct 3
Justice of the Peace Precinct 4
Constable Precinct 1
Constable Precinct 2
Vol. 2 _ Pg. X02
Constable Precinct 3
Constable Precinct 4
Road & Bridge
Sheriff
39. Announcement of interest items and possible future agenda topics.
There were no announcements.
40. Call for Citizen input and /or concerns.
There was no citizen's input.
41. Adjourn.
V u, - %�
The foregoing minutes of the Commissioners Court meeting held July 14, 2015 have
been examined and are approved in open Court this day of
2015, in Bryan, Brazos County, Texas.
Duane Peters
County Judge
y C lena
Commis oner, Precinct 2
Commissioner, Precinct 4
Attest:
Ka en McQueen
County Clerk
Lloyd W ssermann
Commissioner, Precinct 1
enny Mallard
Commissioner,' recinct 3
Vol. �, E Pg . ---2 .�
1
nklt�a v,l *j�
t 0�a kiiint::nny`^''�'Oy�
RESOLUTION IN HONOR OF
BRAZOS COUNTY SHERIFFS OFFICE
FOR DISTINGUISHED SERVICE
BE IT REMEMBERED, at a regularly called! :meeting of the Brazos County
Cotmmissioners Cowart "In the ty;`h day of July, 2w5, held in tfne City of (Bryan Texas; Brazos
County,
WHEREAS, the Brazos County juvenile Service's Department operates a juvenile
Detention Center, and,
WHEREAS, medical services axe an dntegral lna;rt of the operations of the Juvenile
Detention Center, and,
WHEREAS, a, nursing vacancy occurred in the juvenile Detention Center beginning in
]February 2oit5 and lasting until May 20,2W5, and,
WHEREAS, the vacancy was ffMed by medical laeirsonneV ironm the Brazos County jaU,
thereby ensuring ➢uveniles detained in the juvenile Detention Center continued to receive
appropriate medical care, and,
WHEREAS, the (Brazos County jail had to endlu;re wcmdue hardships while providing
tmed4cal services to the juvenile IDetention,Center, and,
WHEREAS, jail Administrator Wayne Dicky and jail Nursumg Sul ervisor Sergeant
Kathryn Wright, worked tirelessly to ensure the juvenile Detention Center received! ?roper
medical care despite time undue hardships incurred by reassigning medical personnel from
the Dail to the juvenile Detention Center, and,
WHEREAS, because of their commitment to teamwork, willingness to sacrifice, and
extraordllnary efforts, the children at the juvenile Detention Center weire provided essential
xuedical coverage during the three months the nursing vacancy existed.
THEREFORE BE IT RESOLVED that the (Brazos County Commissioners Cowart takes this
occasion to officially ,recognize, commend, and thank Slheriffff Chris Kirk, jail Administrator
Wayne Dicky, and! Nursing Supervisor Kathryn Wright on belhalff of the of Brazos County
juvenile Services Dedaartiment ;loir distinguished service.
ADOPTED tams,
]H,'o:noirable (Brazos county Jl e
Duane Peters
Com ssioner ]Lloyd Wasserimann oimtm.issi ner am my Catalena
Precincts Precinct?
;ny mlat4' rd _ C tm4ss�Qtsar IIinma
3 Vol. �:, pg. % 1 4 Precinct g
Resolution
Texas /Poland Young Farmer Exchange
WHEREAS, the Brazos County Commissioners Court takes pride in recognizing the participants in the Texas/Poland
Young Farmer Exchange of the Texas Agricultural Lifetime Leadership - TALL program; and
WHEREAS, the Texas Agricultural Lifetime Leadership program is part of the Texas A &M AgriLife Extension
Service within the Texas A &M University System and is now in its 28th year of operation; The Texas/Poland Young
Farmer Exchange program is designed to improve the knowledge about the agriculhue industry and agricultural
production in Poland and in Texas; and
WHEREAS, candidates for the program are selected for leadership integrity and effectiveness, analytical and
communicative skills, potential for growth, and vocational commitment; and
WHEREAS, the goals of the program are to better understand new technologies; to develop cooperation between
institutions, universities, farmers organizations, and people from the agriculture sector; and to build a good relationship
between Poland and the USA; and
WHEREAS, the Texas/Poland Young Farmer Exchange participants consists of 10 young farmers from Poland and
8 young farmers from Texas; during a 4 week span, the Polish Farmer participants have studied Texas agriculture
including production practices, policies, environmental regulations, marketing, and international opportunities; and
WHEREAS, the members of the Texas/Poland Young Farmer Exchange are devoting their time, resources, and energy
in discovering how to solve the complex agricultural issues facing the world, and they deserve recognition for their
dedication and commitment.
NOW, THEREFORE, BE IT RESOLVED that the Comrissioners Court of Brazos County hereby congratulates the
members of the 2015 Texas /Poland Young Farmer Exchange on their participation in this esteemed program and extend to
them best wishes for the future.
DULY adopted this 14" day of July,
Duane Peters
County Judge
Commis tuner Lloyd Wassermann
Precinct 1
n
Commissioner I any MallaMj
Precinct 3
Texas.
Sammy
inct 2
sioner Irma Cauley
Precinct 4
15 -013
VOA.,
a
ORDER DIVIDING ONE ELECTION PRECINCT AND
COMBINING INTO ANOTHER ELECTION PRECINCT
WHEREAS, the City of Bryan approved Ordinance 42097annexing 2.032 acres of
land located in Voting Precinct 27; and
WHEREAS, the new boundary lines of the City of Bryan do not follow the
existing election precinct lines created by Brazos County; and
WHEREAS, Section 42.007 states "A commissioners court may not establish a
county election precinct containing territory inside a city with a population of 10,000 or
more and unincorporated territory outside the city'; and
WHEREAS, the Commissioner's Court is desirous of complying with the City of
Bryan city limit lines, and the Texas Election Code; and
WHEREAS, compliance with the Texas Election Code requires the division of
one (1) voting precinct and combining the annexed portion into another voting precinct;
and
WHEREAS, Section 42.008 (1) of the Texas Election Code provides for
combining election precincts;
NOW THEREFOR BE IT RESOLVED BY THE COMMISSIONERS COURT
OF BRAZOS COUNTY, TEXAS, that
Pursuant to Section 42.007 of the Texas Election Code that Election Precinct 27
be divided to follow the City of Bryan city limit lines in Brazos County, Texas, to wit:
1. Election Precinct 27 be divided and be combined with Election Precinct 56;
2. Election Precinct 56 be extended to follow the new City of Bryan city limit
lines and vote at the current polling location;
Vol. , g :�7, Pg._
ADOPTED this jj�day of � J U, 2015 by a vote of "4 AYES and
NAYS.
ATTEST:
Karen McQueen, County Clerk
I ),
Duane Peters, County Judge
Vol. ;�'? Pg.
ORDER NO. 15 -005
THE STATE OF TEXAS §
THE COUNTY OF BRAZOS §
ORDER TO ABATE NUISANCE AT 6088 MIMOSA CIRCLE
WHEREAS, the Brazos County Commissioners Court desires to abate nuisances
in accordance with the Brazos County Public Nuisance Abatement Order and the laws
of the State of Texas in the interest of the health, safety and welfare of the citizens of
Brazos County, Texas;
WHEREAS, Texas Health and Safety Code §343.011(c)(5) and Section 3.5 of
the Brazos County Nuisance Abatement Order states that a public nuisance is
"maintaining a building in a manner that is structurally unsafe or constitutes a hazard to
safety, health, or public welfare because of inadequate maintenance, unsanitary
conditions, dilapidation, obsolescence, disaster, damage, or abandonment or because it
constitutes a fire hazard ";
WHEREAS, Texas Health and Safety Code §343.021 states that a County may
abate a public nuisance under Chapter 343 by demolition or removal;
WHEREAS, Texas Health and Safety Code §343.023 states that a County may
by Order assess the costs of abating the public nuisance, the cost of legal notification
by publication, and an administration fee of not more than $100.00 against the property
on which the public nuisance exists;
WHEREAS, personal service was obtained upon Respondent Alisa Lorenne
Starks on March 8, 2015, and notice posted on the trailer on March 7, 2015, in
accordance with Texas Health and Safety Code §343.022 and Brazos County Public
Nuisance Abatement Order; and
WHEREAS, the Brazos County Commissioners Court finds that the structure
located at 6088 Mimosa Circle, Benchley Oaks, Brazos County, Texas, is a building that
is maintained in a manner that is structurally unsafe or constitutes a hazard to safety,
health, or public welfare because of inadequate maintenance, unsanitary conditions,
dilapidation, obsolescence, disaster, damage, or abandonment or because it constitutes
a fire hazard;
NOW, THEREFORE, BE IT ORDERED BY THE COMMISSIONERS COURT OF
BRAZOS COUNTY THAT upon proper notice as required by law, and upon motion duly
made and seconded, and passed by a majority vote, as indicated by the signatures of
the Commissioners below, that 6088 Mimosa Circle, Benchley Oaks, Brazos County,
Texas, is hereby declared a public nuisance.
11Pagc
Vol.
BE IT FURTHER ORDERED THAT that the public nuisance located at 6088 Mimosa
Circle, Benchley Oaks, Brazos County, Texas, be abated, and the County Purchasing
Agent and the County Engineer are authorized to take action to abate such public
nuisance.
BE IT FURTHER ORDERED THAT the costs of abating the public nuisance, the cost of
legal notification and an administrative fee of $100.00 be assessed against the property
with a lien in the real property records.
EFFECTIVE THIS 14th gAY-,OF JULY, 2015.
Duane Peters
County Judge
1°e)
Commissioner Lloyd Wassermann omm er Sammy Catalena
Precinct 1 Precinct 2
Commissioner Irma Cauley
Commissioner Kenny Mallard Precinct 4
Precinct 3
ATTES :
aren McQueen, County Cler
21fa&e - - -- Vol. pg. izi: Z
CERTIFICATE OF THE COUNTY JUDGE OF BRAZOS. COUNTY, TEXAS
The undersigned County Judge of Brazos County, Texas, (the "County ") hereby certifies
with respect to the issuance by the New Hope Cultural Education Facilities Finance Corporation
(the "Corporation ") of its Student Housing Revenue Bonds (the "Bonds "), that:
1. This certificate is based upon the CERTIFICATE OF PUBLIC HEARING
OFFICER REGARDING PUBLIC HEARING attached hereto as Exhibit A relating to the
public hearing conducted on June 30, 2015, by the duly appointed hearing officer of the
Corporation in accordance with the requirements of Section 147(f) of the Internal Revenue Code
of 1986, as amended (the "Code "); and
2. Solely for purposes of the approval requirements of the aforesaid Section 147(0
of the Code, and for no other purposes, in my capacity as County Judge, I hereby approve the
Bonds and the facilities to be financed with the proceeds of the Bonds; provided, however,
THAT THIS APPROVAL SHALL NOT BE CONSTRUED AS (l) A REPRESENTATION OR
WARRANTY BY THE COUNTY, THE COUNTY JUDGE OF THE COUNTY, THE STATE
OF TEXAS OR ANY OTHER AGENCY, INSTRUMENTALITY OR POLITICAL
SUBDIVISION OF THE STATE OF TEXAS THAT THE BONDS WILL BE PAID OR THAT
ANY OBLIGATIONS ASSUMED BY ANY OF THE PARTIES UNDER THE
INSTRUMENTS DELIVERED IN CONNECTION WITH THE BONDS WILL IN FACT BE
PERFORMED; (2) A PLEDGE OF FAITH AND CREDIT OF THE COUNTY OR THE
STATE OF TEXAS OR ANY AGENCY, INSTRUMENTALITY OR POLITICAL
SUBDIVISION OF THE STATE OF TEXAS OR THE COUNTY; OR (3) A
REPRESENTATION OR WARRANTY BY THE COUNTY CONCERNING THE VALIDITY
OF THE CORPORATE EXISTENCE OF THE CORPORATION OR THE VALIDITY OF
THE BONDS. C --� A
Date: 2015
Vol.
Brazos County, Texas
7
26 U.,S!Tode § 147 - Other requirements
applicable to certain private activity bonds
through Pub. L. 114 -19. (See Public Laws for the current Congress.)
• US Code
Notes
• IRS Rulings
• Authorities (CFR)
(1) In general
Except as provided in subsection (h), a private activity bond shall not be a qualified bond for any
period during which it is held by a person who is a substantial user of the facilities or by a related
person of such a substantial user.
(2) Related person
For purposes of paragraph (1), the following shall be treated as related persons —
(A) 2 or more persons if the relationship between such persons would result in a disallowance of
losses under section 267 or 707 (b),
(B) 2 or more persons which are members of the same controlled group of corporations (as defined
in section 1563 (a), except that "more than 50 percent" shall be substituted for "at least 80 percent ",
each place, it appears therein),
(C) a partnership and each of its partners (and their spouses and minor children), and
(D) an S corporation and each of its shareholders (and their spouses and minor children).
(b) Maturity may not exceed 120 percent of economic life
(1) General rule
Except as provided in subsection (h), a private activity bond shall not be a qualified bond if it is
issued as part of an issue and —
(A) the average maturity of the bonds issued as part of such issue, exceeds
(B) 120 percent of the average reasonably expected economic life of the facilities being financed
with the net proceeds of such issue.
(2) Determination of averages
For purposes of paragraph (1)-
(A) the average maturity of any issue shall be determined by taking into account the respective issue
prices of the bonds issued as part of such issue, and
(B) the average reasonably expected economic life of the facilities being financed with any issue
shall be determined by taking into account the respective cost of such facilities.
(3) Special rules
(A) Determination of economic life
For purposes of this subsection, the reasonably expected economic life of any facility shall be
determined as of the later of-
(i) the date on which the bonds are issued, or
(ii) the date on which the facility is placed in service (or expected to be placed in service).
(B) Treatment of land
(i) Land not taken into account Except as provided in clause (ii), land shall not be taken into account
under paragraph (1)(B).
(ii) Issues where 25 percent or more of proceeds used to finance land If 25 percent or more of the
net proceeds of any issue is to be used to finance land, such land shall be taken into account under
paragraph (1)(B) and shall be treated as having an economic life of 30 years.
(4) Special rule for pooled financing of 501(c)(3) organization
(A) In general
At the election of the issuer, a qualified 501(c)(3) bond shall be treated as meeting the requirements
of paragraph (1) if such bond meets the requirements of subparagraph (B).
(B) Requirements
A qualified 501(c)(3) bond meets the requirements of this subparagraph if-
(i) 95 percent or more of the net proceeds of the issue of which such bond is a part are to be used to
make or finance loans to 2 or more 501(c)(3) organizations or governmental units for acquisition of
property to be used by such organizations,
(if) each loan described in clause (I) satisfies the requirements of paragraph (1) (determined by
treating each loan as a separate issue),
(iii) before such bond is issued, a demand survey was conducted which shows a demand for
financing greater than an amount equal to 120 percent of the lendable proceeds of such issue, and
(iv) 95 percent or more of the net proceeds of such issue are to be loaned to 501(c)(3) organizations
or governmental units within 1 year of issuance and, to the extent there are any unspent proceeds
after such 1 -year period, bonds issued as part of such issue are to be redeemed as soon as possible
thereafter (and in no event later than 18 months after issuance).
A bond shall not meet the requirements of this subparagraph if the maturity date of any bond issued
as part of such issue is more than 30 years after the date on which the bond was issued (or, in the
case of a refunding or series of refundings, the date on which the original bond was issued).
(5) Special rule for certain FHA insured loans
Paragraph (1) shall not apply to any bond issued as part of an issue 95 percent or more of the net
proceeds of which are to be used to finance mortgage loans insured under FHA 242 or under a
similar Federal Housing Administration program (as in effect on the date of the enactment of the Tax
Reform Act of 1986) where the loan term approved by such Administration plus the maximum
maturity of debentures which could be issued by such Administration in satisfaction of its obligations
exceeds the term permitted under paragraph (1).
(c) Limitation on use for land acquisition
(1) In general
Except as provided in subsection (h), a private activity bond shall not be a qualified bond if—
(A) it is issued as part of an issue and 25 percent or more of the net proceeds of such issue are to
be used (directly or indirectly) for the acquisition of land (or an interest therein), or
(B) any portion of the proceeds of such issue is to be used (directly or indirectly) for the acquisition
of land (or an interest therein) to be used for farming purposes.
(2) Exception for first -time farmers
(A) In general
If the requirements of subparagraph (B) are met with respect to any land, paragraph (1) shall not
apply to such land, and subsection (d) shall not apply to property to be used thereon for farming
purposes, but only to the extent of expenditures (financed with the proceeds of the issue) not in
excess of $450,000.
(B) Acquisition by first -time farmers
The requirements of this subparagraph are met with respect to any land if-
(i) such land is to be used for farming purposes, and
(ii) such land is to be acquired by an individual who is a first -time farmer, who wilt be the principal
user of such land, and who will materially and substantially participate on the farm of which such
land is a part in the operation of such farm.
(C) First -time farmer
For purposes of this paragraph -
(i) In general The term "first -time farmer" means any individual if such individual —
(1) has not at any time had any direct or indirect ownership interest in substantial farmland in the
operation of which such individual materially participated, and
(II) has not received financing under this paragraph in an amount which, when added to the
financing to be provided under this paragraph, exceeds the amount in effect under subparagraph
(A).
Vol.
(ii) Aggregation rules Any ownership or material participation, or financing received, by an
individual's spouse or minor child shall be treated as ownership and material participation, or
financing received, by the individual.
(iii) Insolvent farmer For purposes of clause (i), farmland which was previously owned by the
individual and was disposed of while such individual was insolvent shall be disregarded if section
108 applied to indebtedness with respect to such farmland.
(D) Farm
For purposes of this paragraph, the term "farm" has the meaning given such term by section 6420
(c) (2).
(E) Substantial farmland
For purposes of this paragraph, the term "substantial farmland" means any parcel of land unless
such parcel is smaller than 30 percent of the median size of a farm in the county in which such
parcel is located.
(F) Used equipment limitation
For purposes of this paragraph, in no event may the amount of financing provided by reason of this
paragraph to a first -time farmer for personal property -
(i) of a character subject to the allowance for depreciation,
(ii) the original use of which does not begin with such farmer, and
(iii) which is to be used for farming purposes,
exceed $62,500. A rule similar to the rule of subparagraph (C)(ii) shall apply for purposes of the
preceding sentence.
(G) Acquisition from related person
For purposes of this paragraph and section 144 (a), the acquisition by a first -time farmer of land or
personal property from a related person (within the meaning of section 144 (a)(3)) shall not be
treated as an acquisition from a related person, if-
(i) the acquisition price is for the fair market value of such land or property, and
(ii) subsequent to such acquisition, the related person does not have a financial interest in the
farming operation with respect to which the bond proceeds are to be used.
(H) Adjustments for inflation
In the case of any calendar year after 2008, the dollar amount in subparagraph (A) shall be
increased by an amount equal to-
(i) such dollar amount, multiplied by
(ii) the cost -of- living adjustment determined under section 1 (f)(3) for the calendar year, determined
by substituting "calendar year 2007" for "calendar year 1992" in subparagraph (B) thereof.
If any amount as increased under the preceding sentence is not a multiple of $100, such amount
shall be rounded to the nearest multiple of $100.
(3) Exception for certain land acquired for environmental purposes, etc.
Any land acquired by a governmental unit (or issuing authority) in connection with an airport, mass
commuting facility, high -speed intercity rail facility, dock, or wharf shall not be taken into account
under paragraph (1) if—
(A) such land is acquired for noise abatement or wetland preservation, or for future use as an
airport, mass commuting facility, high -speed intercity rail facility, dock, or wharf, and
(B) there is not other significant use of such land.
(d) Acquisition of existing property not permitted
(1) In general
Except as provided in subsection (h), a private activity bond shall not be a qualified bond if issued as
part of an issue and any portion of the net proceeds of such issue is to be used for the acquisition of
any property (or an interest therein) unless the 1 st use of such property is pursuant to such
acquisition.
(2) Exception for certain rehabilitations
Paragraph (1) shall not apply with respect to any building (and the equipment therefor) if—
(A) the rehabilitation expenditures with respect to such building, equal or exceed
Vol. -� 2 Pg. / _
(B) 15 percent of the portion of the cost of acquiring such building (and equipment) financed with the
net proceeds of the issue.
A rule similar to the rule of the preceding sentence shall apply in the case of structures other than a
building except that subparagraph (B) shall be applied by substituting "100 percent' for "15 percent ".
(3) Rehabilitation expenditures
For purposes of this subsection —
(A) In general
Except as provided in this paragraph, the term "rehabilitation expenditures' rneans any amount
properly chargeable to capital account which is incurred by the person acquiring the building for
property (or additions or improvements to property) in connection with the rehabilitation of a building.
In the case of an integrated operation contained in a building before its acquisition, such term
includes rehabilitating existing equipment in such building or replacing it with equipment having
substantially the same function. For purposes of this subparagraph, any amount incurred by a
successor to the person acquiring the building or by the seller under a sales contract with such
person shall be treated as incurred by such person.
(B) Certain expenditures not included
The term 'rehabilitation expenditures' does not include any expenditure described in section 47
(c)(2)(B).
(C) Period during which expenditures must be incurred
The term "rehabilitation expenditures" shall riot include any amount which is incurred after the date 2
years after the later of-
(i) the date on which the building was acquired, or
(ii) the date on which the bond was issued.
(4) Special rule for certain projects
In the case of a project involving 2 or more buildings, this subsection shall be applied on a project
basis.
(e) No portion of bonds may be issued for skyboxes, airplanes, gambling establishments, etc.
A private activity bond shall not be a qualified bond if issued as part of an issue and any portion of
the proceeds of such issue is to be used to provide any airplane, skybox or other private luxury box,
health club facility, facility primarily used for gambling, or store the principal business of which is the
sale of alcoholic beverages for consumption off premises. The preceding sentence shall not apply to
any fixed -wing aircraft equipped for, and exclusively dedicated to providing. acute care emergency
medical services (within the meaning of section 4261 (g)(2)).
(f) Public approval required for private activity bonds
(1) In general
A private activity bond shall riot be a qualified bond unless such bond satisfies the requirements of
paragraph (2).
(2) Public approval requirement
(A) In general
A bond shall satisfy the requirements of this paragraph if such bond is issued as a part of an issue
which has been approved by-
(i) the governmental unit —
(1) which issued such bond, or
(II) on behalf of which such bond was issued, and
(ii) each governmental unit having jurisdiction over the area in which any facility, with respect to
which financing is to be provided from the net proceeds of such issue, is located (except that if more
than 1 governmental unit within a State has jurisdiction over the entire area within such State in
which such facility is located, only 1 such unit need approve such issue).
(B) Approval by a governmental unit
For purposes of subparagraph (A), an issue shall be treated as having been approved by any
governmental unit if such issue is approved -
(i) by the applicable elected representative of such governmental unit after a public hearing following
reasonable public notice. or
Vol. z Pg. /�zJ
(ii) by voter referendum of such governmental unit.
(C) Special rules for approval of facility
If there has been public approval under subparagraph (A) of the plan for financing a facility, such
approval shall constitute approval under subparagraph (A) for any issue -
(i) which is issued pursuant to such plan within 3 years after the date of the 1 st issue pursuant to the
approval, and
(ii) all or substantially all of the proceeds of which are to be used to finance such facility or to refund
previous financing under such plan.
(D) Refunding bonds
No approval under subparagraph (A) shall be necessary with respect to any bond which is issued to
refund (other than to advance refund) a bond approved under subparagraph (A) (or treated as
approved under subparagraph (C)) unless the average maturity date of the issue of which the
refunding bond is a part is later than the average maturity date of the bonds to be refunded by such
issue. For purposes of the preceding sentence, average maturity shall be determined in accordance
with subsection (b)(2)(A).
(E) Applicable elected representative
For purposes of this paragraph-
(i) In general The term "applicable elected representative" means with respect to any governmental
unit —
(1) an elected legislative body of such unit, or
(II) the chief elected executive officer, the chief elected State legal officer of the executive branch, or
any other elected official of such unit designated for purposes of this paragraph by such chief
elected executive officer or by State law.
If the office of any elected official described in subclause (II) is vacated and an individual is
appointed by the chief elected executive officer of the governmental unit and confirmed by the
elected legislative body of such unit (if any) to serve the remaining term of the elected official, the
individual so appointed shall be treated as the elected official for such remaining term.
(ii) No applicable elected representative. if (but for this clause) a governmental unit has no
applicable elected representative, the applicable elected representative for purposes of clause 0)
shall be the applicable elected representative of the governmental unit —
(1) which is the next higher governmental unit with such a representative, and
(II) from which the authority of the governmental unit with no such representative is derived.
(3) Special rule for approval of airports or high -speed intercity rail facilities
if—
(A) the proceeds of an issue are to be used to finance a facility or facilities located at an airport or
high -speed intercity rail facilities, and
(B) the governmental unit issuing such bonds is the owner or operator of such airport or high -speed
intercity rail facilities,
such governmental unit shall be deemed to be the only governmental unit having jurisdiction over
such airport or high -speed intercity rail facilities for purposes of this subsection.
(4) Special rules for scholarship funding bond issues and volunteer fire department bond
issues
(A) Scholarship funding bonds
In the case of a qualified scholarship funding bond, any governmental unit which made a request
described in section 150 (d)(2)(B) with respect to the issuer of such bond shall be treated for
purposes of paragraph (2) of this subsection as the governmental unit on behalf of which such bond
was issued. Where more than one governmental unit within a State has made a request described in
section 150 (d)(2)(B), the State may also be treated for purposes of paragraph (2) of this subsection
as the governmental unit on behalf of which such bond was issued.
(B) Volunteer fire department bonds
In the case of a bond of a volunteer fire department which meets the requirements of section 150
(e), the political subdivision described in section 150 (e)(2)(B) with respect to such department shall
,.%
be treated for purposes of paragraph (2) of this subsection as the governmental unit on behalf of
which such bond was issued.
(g) Restriction on issuance costs financed by issue
(1) In general
A private activity bond shall not be a qualified bond if the issuance costs financed by the issue (of
which such bond is a part) exceed 2 percent of the proceeds of the issue.
(2) Special rule for small mortgage revenue bond issues
In the case of an issue of qualified mortgage bonds or qualified veterans' mortgage bonds,
paragraph (1) shall be applied by substituting "3.5 percent" for "2 percent" if the proceeds of the
issue do not exceed $20,000,000.
(h) Certain rules not to apply to certain bonds
(1) Mortgage revenue bonds and qualified student loan bonds
Subsections (a), (b), (c), and (d) shall not apply to any qualified mortgage bond, qualified veterans'
mortgage bond, or qualified student loan bond.
(2) Qualified 501(c)(3) bonds
Subsections (a), (c), and (d) shall not apply to any qualified 501(c)(3) bond and subsection (e) shall
be applied as if it did not contain "health club facility" with respect to such a bond.
(3) Exempt facility bonds for qualified public - private schools
Subsection (c) shall not apply to any exempt facility bond issued as part of an issue described in
section 142 (a)(13) (relating to qualified public educational facilities).
CERTIFICATE OF PUBLIC HEARING OFFICER REGARDING PUBLIC HEARING
Re: New Hope Cultural Education Facilities Finance Corporation Student Housing
Revenue Bonds (VCCD- College Station Properties LLC - Texas A &M University
Project) Series 2015A
The undersigned, Timothy V. Coffey, designated Hearing Officer of New Hope Cultural
Education Facilities Finance Corporation (the "Issuer "), the Issuer of the above- referenced bonds
(the "Bonds "), called the Public Hearing of the Issuer held in Conference Room 208 in the
Moore /Connally Building located at 301 Tarrow, College Station, Texas 77840, on
June 30, 2015 to order at 4:00 p.m.
I declared that a Public Hearing required under Section 147(f) of the Internal Revenue
Code of 1986 was open for purposes of discussing the Bonds and the projects to be financed,
refinanced or constructed with the proceeds of the Bonds (the "Projects ") by NCCD - College
Station Properties LLC, a Texas limited liability company.
I declared that the required notice of the Public Hearing for the Projects was published in
The Eagle, being a newspaper of general circulation in the City of College Station, Texas, as
evidenced by an Affidavit of Publication attached hereto as Schedule I.
I proceeded to hold the Public Hearing. No member of the public attended the Public
Hearing and thus no comments were made or discussed about the Projects or the Bonds.
After sufficient time was given for any member of the public to make their comments
with respect to the Bonds and the Projects, I declared the Public Hearing closed at 4:15 p.m.
DATED: June 30, 2015.
N
Timothy � �of , Hearing Officer
New Hope Cultural Education Facilities
Finance Corporation
Vol.
SCHEDULEI
AFFIDAVIT OF PUBLICATION
TEE STATE OF TEXAS
COUNTY OF BRAZOS
CITY OF BRYAN - COLLEGE STATION
BEFORE ME, a notary public in and for the above named County, on this day personally appeared
the person whose name is subscribed below, who, having been duly sworn, says upon oath that he or she is
a duly authorized officer or employee of THE EAGLE, which is a newspaper of general circulation in the
City of Bryan- College Station, Texas, devoting not less than 25% of its total column lineage to' he carrying
of items of general interest, published not less frequently than once each week, entered as second -class postal
matter in the county where published, and having been published regularly and continuously for not less than
12 months prior to the making of any publication; and that a true and correct copy of the NOTICE OF
PUBLIC HEARING, a clipping of which is attached to this Affidavit, was published in said Newspaper on
the following date:
I
2015
Authorized 0111 or Employee
SUBSCRIBED AND SWORN TO BEFORE ME on the tay of , 2015.
No'su iublic
NOTARYSEAL
EII MBREWER
j N�PPudINIM xpb". i My Canmlulm E�phef ,
AUGUST 19, 2010
NOTICE OF PUBLIC HEARING
She Eagle . theeagle'.com
�'hu'r'sday� June 11;�2015�:-
SI -2
Vol. ? pg
LLOYD WASSERMANN
Precinct 1
(979) 361 -4106
Iwassermann @co.brazos.tx. us
SAMMY CATALENA
Precinct 2
(979) 3614115
scatalena @co. brazos.t c us
July 14, 2015
`
4.
0
fiG��y �
r OF V
BRAZOS COUNTY COMMISSIONERS COURT
Ms. Brooke Chapman
Associate Director
E. DUANE PETERS
County Judge
(979) 361 -4102
dpeters@co,brazos.tK.us
Small Community Air Service Development Program
US Department of Transportation
1200 New Jersey Ave, SE
W86 -307
Washington, DC 20590
RE: Letter of Support for the Easterwood Airport 2015 United States Department of
Transportation's Small Community Air Service Development Program (SCASDP)
Ms. Chapman,
a
G. KENNY MALLARD
Precinct 3
(979) 361 -4105
kmaflard@co.brazos.tx.us
IRMA CAULEY
Precinct 4
(979) 361 -4111
icauley @co.brazos.tx.us
I'm writing in support of the Easterwood Airport's application for grant funding under the 2015
Small Community Air Service Development Program.
Brazos County, as a part of the Research Valley, has entered an era of unprecedented
demographic and economic growth. Commensurate air service expansion providing greater
domestic and international connectivity is critical to our continued emergence as the "Innovation
Capital of Texas" , a 21 st Century Texas community, and home to one of the world's leading
university systems. As such, we are unified in our commitment to the expansion of air service at
Easterwood Airport. We consider expanded global access via commercial air service at
Easterwood Airport to be one of our top regional economic development priorities. We believe
the USDOT's Small Community Air Service Development Program, along with the local
communities' commitments, will provide the tools and incentives necessary to facilitate air
service growth at Easterwood Airport.
Easterwood Airport serves the Research Valley region, a catchment area of over 558,000
residents, in addition to an abundance business travel, a key component of the regional economy.
For the period 2007 to 2014 the College Station/Bryan MSA saw a 20% increase in population
and a 36% increase in Gross Metropolitan Product (GMP). However, in the same period the
Easterwood Airport saw seat capacity decline 14 %, flight frequency decline 34% and
enplanements are essentially flat.
A SCASDP grant award would enable the Research Valley and the Brazos County to attract
expanded, nonstop air service. This would provide our travelers with increased connectivity to
Brazos County Administration Bldg. . 200 S. Texas Ave. . Suite 310 . Bryan, Texas 77803 . Fax: (979) 3614176
Typical: The physical demands described here are representative of those that must be met by an employee to i
l successfully perform the essential functions of this job. Reasonable accommodations may be made to enable
individuals with disabilities to perform the essential functions. While performing the duties of this job, the
employee is regularly required to sit; use hand to finger, handle, or to feel; reach with hands and arms; bend
! and kneel; and talk and hear. The employee frequently is required to stand and walk. The employee must
frequently lift and /or move objects weighing up to 100 pounds, such as bags of mulch and rocks. Specific
j vision abilities required for this job include close vision, distance vision, and the ability to adjust focus.
Abilities
oaie operation or cusroeiai ano mairrenance equipment, lnewoing the sate use of commercial cleaning
chemicals. Ability to follow oral and written instructions; ability to learn the proper use ofjanitoriai equipment
and supplies; ability to make minor repairs; ability to communicate and work effectively with co- workers; ability
to perform physical and strenuous work; and an ability to understand and follow Brazos County safety policies.
I he work environment characteristics described here are representative of those an employee encounters
while performing the essential functions of this job. Reasonable accommodations may be made to enable
individuals with disabilities to perform the essential functions. The noise level in the work environment is
frequently loud. The employee is constantly required to work closely with others as a part of a team to perform
multiple tasks simultaneously, and switch from one task to another. The employee is frequently required to
work under time pressures and meet deadlines. The employee may be exposed to extreme weather -
conditions.
P
Duane Peters Date
County Judge
Eol. I
i OF 0
Brazos County
Job Description
Last Updated: September 2014
,Yp5.1'):)
Templale Revision 1.2 08115/2012
Class Number:
832
Title:
Temporary Attendant, Building & Grounds (1040 hrs.)
Pay Group:
09
I Department:
—�
Exposition Complex
FLSA Status:
i Non Exempt
1 Reports To:
Event Supervisor, Event Coordinator & All Managers
Approved Date:
10/0112014
EEOC Category:
Service / Maintenance
Position End
Date:
109/30/2015
Temporary
Employee
Z(
GIVen:
This is a non - supervisory position.. 1
Signature:
JI
I Required: rHigh school graduation or its equivalent; or any equivalent combination of education and experience that l
General Summary: -- - - -i
_
Performs and monitors daily operational responsibilities including janitorial duties, responsibilities and maintenance efthe County Exposition j
Complex including setting -up, cleaning and tearing -down events.
I�
Essential Duties: -- - —
Operates light to moderate equipment such as tractors with implements, forklifts and skid steer loaders; Sets up /tears down rodeo equipment, horse I
stalls, cattle ties, panels and pens; Sets up /tears down meeting and event rooms, including stages, dance floors, tables, chairs and equipment and
assists with the sound /electrical system setup and /or tear down; Cleans meeting and event rooms, including sweeping, vacuuming and taking out
trash; Cleans restrooms, including using commercial chemicals to remove stains /odors and keeps them free of litter; Strips, waxes, buffs and scrubs
floors as needed and instructed. Keeps all floors dusted, mopped, and vacuumed; Changes light bulbs and distributes supplies as necessary; Assists i
1
i in painting and other maintenance projects as necessary; Raises flags daily, weather permitting, takes down flags before leaving unless otherwise
specified; Operates a vacuum cleaner and hand cleaning materials, supplies and equipment; Cleans windows, doors, floors, water fountains, and
l furniture; Keeps air conditioning adjusted to use requirements; Empties and cleans waste receptacles and properly disposes of trash; Assists visitors
in a polite manner during events at the Exposition Complex; Keeps janitorial and storage areas clean and organized; Must be willing to work various
hours as needed including some nights, weekends, holidays, etc.; Communicates with Exposition Complex administrative assistant/secretary
regarding janitorial supply inventory; Assists as necessary in inventory control including equpment and consumables; Assists in scheduling work,
creating assignments and /or monitoring work as necessary for part-time and /or temporary building attendants /staff.
Other Duties as assigned. (1 %) —
� Supervision —I}
j Receiveq:
— �
Event Supervisor, Event Coordinator &All Managers
IF—
I
GIVen:
This is a non - supervisory position.. 1
Education ;` - -- -- — - - - -- — - - --
JI
I Required: rHigh school graduation or its equivalent; or any equivalent combination of education and experience that l
provides the required knowledge, skills and abilities.'
bilities.
—I
Preferred
i Certificates, Licenses, I
Registrations
i Required: None.
i
I Preferred: _ — - - - -- --- -- - - - - -- — - - --I
Typical: The physical demands described here are representative of those that must be metby an employee to
successfully perform the essential functions of this job. Reasonable accommodations may be made to enable
individuals with disabilities to perform the essential functions. While performing the duties of this job, the
employee is regularly required to sit; use hand to finger, handle, or to feel; reach with hands and arms; bend
and kneel; and talk and hear. The employee frequently is required to stand and walk. The employee must
frequently lift and /or move objects weighing up to 100 pounds, such as bags of mulch and rocks. Specific
vision abilities required for this job include close vision, distance vision, and the ability to adjust focus.
Sate operation of custodial and maintenance equipment, including the safe use of commercial cleaning
chemicals. Ability to follow oral and written instructions; ability to learn the proper use ofjanitorial equipment
and supplies; ability to make minor repairs; ability to communicate and work effectively with co- workers; ability
to perform physical and strenuous work; and an ability to understand and follow Brazos County safety policies,
i ne wuin errvuunmem cnaracrensucs oescnoea nere are representative of those an employee encounters
while performing the essential functions of thisjob. Reasonable accommodations maybe made to enable
individuals with disabilities to perform the essential functions. The noise level in the work environment is
frequently loud. The employee is constantly required to work closely with others as a part of a team to perform
multiple tasks simultaneously, and switch from one task to another. The employee is frequently required to
work under time pressures and meet deadlines. The employee may be exposed to extreme weather
conditions.
APPROVED
Duane Peters Date
County Judge
J5
CONMERGENTZTM
making Buildings` Smarter
10555 Westpark Drive, Houston, TX 77042 • Phone: (713) 267 -5790 r Far: (713) 266 -7011
Quotation Number: TCPN. OiYAVVWr9tO3— Date: March 9, 2015
To: Brazos County
Attn: Mr. Ernest Stutts
RE: Administration Building - Replace 21 Wireless Thermostats
Scope of Work:
Convergentz is pleased to offer the following proposal to provide and instal 21 New Wired Sensors in the Brazos County Admiration
Building
Scope of work:
• Remove 21 Trane Wireless Sensors
• Pull wire and install 21 Trans Wired Sensors
• Update Graphics, Programming and As Built Drawings
*Notes and Clarification:
> I.P. drops will be provided to Convergent: at no additional cost and location will be coordinated with
Convergentz
> 120VAG will be provided by electrical contractor and is not provided as part of this proposal
> Fire / fire- smoke/ control dampers and smoke detectors, including associated wiring, are not
included unless otherwise detailed within proposal
> Does not include anything not specifically detailed within this proposal
> Proposed pricing is based on work being performed during normal business hours
> Control wiring will be run in plenum rated cable in concealed but accessible areas. EMT conduit
will be used in exposed areas.
Standard Exceptions:
1. Performance and Payment Bond
2. Electrical supply voltage (By Division 16)
3. This proposal is firm for thirty (30) days unless stated otherwise.
4. Refer to the last page for Terms and Conditions of Sale.
Pricin q:
Base Price ... :............ .::..:....... : ............. ........................ $23,075.00 Dollars (Tax Exempt)
(Twenty Three Thousand Seventy Five Dollars)
The above price does not Include sales tax. Taxes will be hilted in addition at the time of job completion unless Convergentz is
furnished a Tax Exemption Certificate
Page 1 of 3
L V ol. P7,2
Respectfully,
Jose Duron
Solutions Engineer
10555 Westpark Drive
Office: (713) 266 -3900
Mobile: (713) 252 -8065
e -mail: iduronnconvergentz.com
CONMERGENTZ`a
Making Buildings Smarter
The proposal and the terms and conditions contained herein are accepted
and Convergentr is authorized to proceed with the work.
Customer.
By:
Title:
Date:
P.O. Number:
Page 2 of 3
EVOI—,2 pg. �(%
Terms and Conditions of Sale
Acceptance: A proposal made upon these terms is subject to acceptance wMen Miry days
from data and Me prices are asCjecl to Change without notice phor to acceptance by Customer.
My rebate from Center Point Energy has been accounted for in the price of this proposal:
glerefore. Convergent will reFin any rebate funds. If your order is an acceptance of a women
proposal, on A term provided by Cwvergenl, without the addition of any other terms and
Colonel of sale or any other Ancalcalon, Nis document shall be treated solely as an
acknowledgment of such order, subject to aadl approval. If your order is not such an
acceptance, than this document is Cenvergentx' offer, subject to Credit approval, to provide Me
goods and/or Work solely In accordance with Me Idlowing Terms and conditions of sale
Exclusions From Work: Con,bug_ntE obligation is liMlotl to the Work as defined and does
not Include any modifinaws to the Premises under the Americans With Disparities Act or any
other law or binding code(,).
Construction Procedures:
Convergent, shat supervise and direct the Work using Its best IOU and atlendan and have
exdusive cameAl aver mnstrucGon means, methods, tourniquet, mummers; and procedures.
Payment Terms: Customer shag pay Convergent,' trmvoces within net Wry (30) days of
notice data Conventional may Invoice Customer far All equhmam or material furmaned,
whether delivered to the inabllabco site or to an off -site storage facility and for All week
performed on -silo or off silo. No retention shall be withheld from any payments except as
expressly agreed A writing by Convergent; in which case retention shall be reduced per Me
caatral docu urine and released no later Nan Me date of substanba completion. If payment Is
not received as recurred hereby, Convergmtz may suspend pertorranCa and hie lime for
completion shall be emended for a reasonable period of dome rot less Nan Me period of
suspension. Customer shall be liable to Convergent, for all reasonable shutdown, standby and
start-up costs as a result of Me suspension. All amounts Outstanding 10 days beyond Ma due
date are subject to a seMCe charge not to exceed 1.5% of the prindpai amount due or Me
maximum shat le legal interest rate, retractive to the due date. Customer shall pay all costs
(ndoCing ellomel lees) incurred by Convergent, in atlempting to called amounts due eat
otherwise enfordng those terms and conditions.
Time FOr Completion: Except to the extent otheArem expressly agreed In codling signed by an
authorized repreeenta ro. of Convergent,, all data, provided by Convergent¢ or Its
representatives fm commencement progress or due leton are estimates only. Wnila
Convergent, shall use commerdaty reasonable efforts to most such estimated dales,
Oonvergente shall not be responsible for any damages for Its failure to do so.
Access: Convergent, and Its contractors a subcontractors shell be provided access to Me
Premises during regular business hours, or such other hours as my be requested by
Cmvefgenra and acceptable W he Premises' ownee a tenant for the performance of Me Work,
Including sufficient areas for slagirg, rrobilizabon, and storage, Convergent,' access to coated
any emergency Condition shall not be restricted.
Permits And Governmental Fees: Convergent shall secure (wdh Customers asslslaae)
and pay for building and other pamits and gwemmental lees, licenses, end iasp r dons neces-
sary for proper performance and Completion uf hie Work, which arc legaty required when bids
from Converiji subcontractors are received, negotisllons thereon Concluded, or the effective
date of a relevant Change Order, whichever Is Ialer. Customer is responsible for necessary
approvals, ea,emenls, weasements and charues for cons :mcdon, use or occupancy of
permanent atrudures or for permanent changes to existing fodtities.
Utilities During Construction: Convdrgdnrs shelf be provlded without Wargo all water, heal.
and ulliaas ding performance of the Work.
Concealed Or unknown Conditions: In the performance of Me Work, if Convergent,
encounters conditions al the Premises that are (i) subsurface or otherwise concealed physical
conditions that differ materially Item Nose Indicated on drawings expressly incorporated herein
or g) unknown physical conditions of an unusual nature that differ maenally ham those
conditions womanly found to exist and generally recognized as Inherent in conetrudon
adrades of the type and character as Me Work, Convergent, seal nogg Customer of such
coo lions protein prior W sigdficantiy disturbing Me same. If such conditions differ able no ly
and cruse an s mall in Convefgenlz' Cost of, of limo required Mr, ponammar, of any pat of
the Week. Convergent spat be emitted lo, and Customer snail consent by Change Order to, an
equitable adjustment In Me Contact once, contract time, or bath.
Any loss contributed to, or aggravated by test mold, fungus, wet or dry rot and any msuling Is
All excuded under No contract however caused.
Asbestos And Hazardous Materials; Convergent' Work and other eemcos In cannecbon
with this Agreement expressly excludes any identification, maharani. cleanup control,
disposal, removal or other wars connected with asbestos, polyrhlonnaled biphenyl ( -PCB-t or
other hazardous marmot (hereinafter, cdllocal'Hazardous Malarial. Customer All
and represents Nat, except as as[ Wmh In a writing signed by Convergent, there are he
Hazardous Motorola an the Premises that wit in any way axed CcnvergantY Work and
Customer has disclosed W Comergeraz the existence and local of any Hazardous Materials
in all areas witntn which Convergent, will be performing the Work. Should Comeau nt
become aware of or rasped Ne presence of Hazardous Materials, Cmvergenlz may
immediately stop work In Me affected area and shall nobly Customer. Customer wgl be
responsible for tamrg any and al anon necessary to coned the condition In accordance with
all applicable laws and regWalloni. Customer shall be exclusively rospanade.for any.datra,
Including the payment Mereot arising out of or relating to any Hazardous MotnreB on or about
Me Premiers, not drought onto hie Premises by red area W CdnHe abs shall be Hazardous
s
resume performance or wh a No Work In the s be etl rand omy In Ma absence of Hazardous
Conveys o, when the atteded area has been rendered harmless. vi no even) shat
Convergent er l agencto transport or examine to Hazardous far pr seen ee any azaces to
any governmental agency, or to e.amine tae Premises fro the presence of Hazardous
Materials.
Conditions Beyond Control of Paroles: If Convergent, shall be unable to Carty out any
material obligation undor Axis Agreement due to events beyond its control, such as ads of God,
governmental or we dot eurhonty. Insurtedian; non, labor disputes, labor or national
shortages, fires, or explosions, this Agmement shall at Convergent election (p remain In effect
but 0owergentz' ooligarchs ahall M suspended unit Me urmontroll able event larnlnales; or (ii)
be terminated upon tan (10) days notice to Customer, in which event Customer shall pay
Convergent for all parts of the Work mordant to Me date of termination. Any loss conslsing
op Caused by, contributed to, or aggravated by mat mold, fungus, wet or dry at and any
msuang lass in always eed.d.d tal this conlrecf, however coal
Customers Breach. Each of the following events or condltlons trial conslitub a breach by
Customer and shall give Convergent, He right without an election of remedies, to enormous
this Agreement by delivery of written notice declaring lamination, upon which event Customer
shall to liable to Convergent, fee ell We* furnished to date and Art damages sustained by
Convergent,[induding lost craft and warhead): (1) My failure by Customer to pay amounts
due more than Mrty (30) days after the data of Me invoke therefore: a (2) My fell by
Customer to perform or comply win ary material provision of this Agreement
Indemnification. Convergent, and Customer shall lndemnlry, defend and hold each other
tea er from any mW al Claims, al costs, expenses, damages and gabilims, including
equa aMa adortoye fees, resulting from death ar daRly'mjury or damage to teal or personal
property, to the seem roused by Me negligence or r'iscorbuct of Men respecivo employees or
other Armenian! agents In connection Win their i ch rat s wal N. scope of Oil Agreement.
However, neither party shall Indemnify Me other against chime, damages, expenses o
liabilities to time ardent attributable to to negligence or misconduct of hie carer peat. If Pe
Al ore both al fault hie Wligatim to bobermhify shall be moderated to their relative fault.
The duty to indemnity will continue in fall farce and effect restwi0utancong hie explosion or
early termination Cartel Area respect to any claims based on fads or Conditions that Actuarial
poor to expration or mmminetion. NOPMMutanding any contrary provision, raiNer party shall be
liable to Me other for any special, irucho lal, Consequential or punitive damages.
Workmanship and Equipment Warranty. Convergent, warrants Nat for a overfed of one year
form the data of substantial carplodon (The 1A?MAnty Period-), Comicei rd, egrnpment
installed hareunJer antl Wok g) shall tea from from defects in matens, manufacture, and
workmanship and (II) shall have Me capadt.le and ral at to" In C.marganli ataloge
and balloons; substantial completion shall be the eerier of Me data that the Work Is reticently
complete so that Customer Can un izes Me Work for its intended use or hie date Nat Customer
received; benefidel use At hie work. For Convergenm equipment not instated by Comrergentt,
to Warranty Period Is Me lesser of 12 months from !rise start-up or 18 months fm hie Cato
of shipment. If such defect is discovered within Me Warranty Period, Convengentz evil correct
Me defect or fumkn replacement equipment (or. at its option, parts therefore) and, if said
equipment was Installed pursuant hereto, labor Irradiated with Me replacement of parts or
equipment not contorMng to :his waoacty. No liability whatever shall attach to Carvergenlz
unit said equipment and Work have been gab for in furl and Men said liability shall be United to
Convergent,' Cost to correct the defective We* armor Me purchase price of the equipment
shown to be detective. Equipment and/or pans that are not manufactured by Convergent: are
not warranted by Convergent, and have such warranties as may be emended by Me respectve
manufacturer Convergenr warranties examsety exclude any remedy for damage or defect
caused by corrosion, we "in, or deter bw. abuse, modificalons or Attend not performed by
Convergent, improper operation, or normal wear ark tear under normal usage, Carvergen¢
shall not be obligated to pay for Me Cost of lost refrigerant
The warranty and liability set forth in the preceding
paragraph are in lieu of all other warranties and
liabilities, whether in contract or in negligence,
express or implied, in law or in fact, including implied
warranties of merchantability and fitness for a
particular use or fitness for a particular purpose. In
no event shall Convergentz be liable for any
incidental, consequential, or punitive damages.
Assignment. Customer may sot will l9rt transfer, or convey this Agreement or any pan hereof,
or its right tie or Interest herein, without Me wniten consent of Comeargenrz. Subject to hie
foregoing, Nis Agreement shall be binding upon and inure to Me benefit of Customers
.noon ..... A assigns.
Complete Agreement. This Agreement shall carattute hie enure Agreement between All
paNes and this Agreement may not be amended, modified or terminated A l by a writing
signed by the parries hereto. No documents shall be incorporated herein by reference except
W Me extant Convergent is a signatory thereon.
Page 3 of 3 _
Itl °Z ______
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YIMME, Trane Contract #: R5045
HVAC Equipment, Refrigeration, Installation, Service, and Related
Products
.2010 01 Gt2 2
. '2 2ila 2016 201E 2017
2611 2
.. _. _. '_... .... 4.J i
Energy Performance Contracting Services
Heating
Ventilating
Air Conditioning
Energy Services and Controls
I
E
6/30/2015 4:58 PM
C2�i 11, � 1" T C P N
The Cooperative Purchasing Network
April 24, 2014
Mr. Jeffrey T. Watson
Vice President- North America
Trane U.S. Inc.
1 Centennial Avenue
Piscataway, New Jersey 08854
Re: Renewal Award of TCPN Annual Contract # R5045
Dear Mr. Watson:
Per official action taken by the Board of Directors of Education Service Center, Region 4
on April 15, 2014, The Cooperative Purchasing Network (TCPN) is pleased to announce
that Trane U.S. Inc. has been awarded an annual contract renewal for the following,
based on the sealed proposal submitted to Region 4 on September 23, 2010, and
subsequent performance thereafter:
Contract
HVAC Equipment, Refrigeration, Installation, Service & Related Products
The contract will expire on September 30, 2015, completing the fifth year of a possible
seven -year term contract. If your company is not in agreement, please contact TCPN
immediately.
The partnership between Trane U.S. Inc. and Region 4 can be of great help to
participating agencies. Please provide copies of this letter to your sales representative (s)
to assist in their work.
If you have any questions or concerns, please feel free to contact Deborah Bushnell at
713.554.0460.
Sincerely; -... -.__ _....
tj,W�_'
Diane Fields
Director of Operations
11250 West Road • Houston, Texas 77065
888.884.7695 • Fax 500.458.0099 • www.TCPN.org
Tx runs ?
11
ARGYLE erg 145I a6i1
Project: Brazos County JP -3 Card Access Add
Date: June 18, 2015
To: Ken Hays Brazos County Maintenance
206 North Washington
Bryan Texas 77803
From: MCS Detention & Security Division
Brian Hinkle
Service Manager
ARGYLE
S E C-U RI T Y
bhi n kle(a)argvlesecuritv.COm
12903 Delivery Drive
San Antonio, Texas 78247
Office: (210) 798 -2939
Mobile: (210) 859 -8253
.:ate let Pill COM• EEC
Project Quote #: 70- 2014 -470
MCS is pleased to provide this security proposal for your review and consideration. All system components have a warranty for a
period of one (1) year, unless otherwise specified, against all defects in material and workmanship. This proposal shall remain firm
for period of (30) days from the submitted date. MCS payment terms are net (30) days with progressive billing.
www.areylesecurity.com
VO'. �. Pg. -1-2
ARGYLE ' ®� mum pal c'on� -c
S E C U R I T Y
Argyle Security - Service
12903 Delivery Drive
San Antonio, Texas, 78247
Office: (21 D) 495.5245
Fax: (21C) 495.9863
www.argvlesecurity.com
QUOTE #
DATE:
`�,
ITEM # 1
:SHIPPING
SHIPPING
DELIVERY
PAYMENT
DATE
SALESPERSON
Upg.
t- METHOD, -
TERMS
?:,DATE
,TERMS,
,'DUE
,. HINKLE t'
UPS
GROUND
7.00
30 days
locks
QTY
ITEM # 1
DESCRIPTION .
UNIT_PRICE`�.YINE`TOTAL
•;;,
. 6.00
CR24L
Card Readers
$ 165.00
$ ,. 990:00
1.00
M81,12
8 Door Controller
$ 2,782.00
�5'' 2,782.000
7.00
locks
$ 1,000.00
1.00
Wire
$ 1,000.00
$,` -i 1 000.00'
7.00
Push to exit
$ 150.00
$;.'. 1,050:00
1.00
Network switch
$ 200.00
$'. •200.00-
16.00
Travel 2 round trips
$ 75.00
$
24.00
Electronics
$ 125.00
14.00
Door Tech
$ 95.00
1,330.00..
5.00
Perdiem
ns
S -. 875.00
S
' ]rr.. r 11 ; { + �' F M1r+ , ii ' t
,..3 .. ...,
°Tax Ra[e "EXEMPT
. , . . . ...
19,427.00
;SHIPPING
THIS QUOTATION I ONLY LJD FO AYS. PLEASE DO SITATE TO CONTACT US WITH SUBTOTAL
QUESTIONS.. WE LO K Ft RD ERVICI - - Tax '= 8.25%
CUSTOMER ACCEPTOCE TOTAL
$ - ;19 ,'A'27.06
$ '_^ + 1 505.59`
$ 20 932.59.
PRINT NAME: ✓ 0h'p plr t ^ 5
PURCHASE ORDER N:
®�'% rt:•'i6a;�}FlRE 6SECURItY fr/�'f6 E-
�C $w
1 �.r +
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Scope of Work
Provide
Door #1 Main Entrance, Add new surface mount card reader. Replace existing lock with free egress lock.
Door # 2 Courtroom Entrance, Add new card reader and free egress lock.
Door #3 Office, Add new card reader and free egress lock.
Door #4 Jury Room, Replace existing lock with double key lock.
Door #5 Judges entrance, Add 2 new card readers. Add panic button at Judges desk for 30 second free
egress. Replace existing lock.
Door #6 Rear Entrance, Add exterior card reader. Add electronic crash bar for card reader operation and
free egress.
Door #7 Corridor, Add new card reader. Connect push to exit button to card reader system. Replace
existing lock.
Install new Hirsch 8 door controller. Connect controller to existing Hirsch Card Access System using
network cabling provided by others.
21Page
areylesecurity.com
ARGYLE
eWP.Vcj 115i Pal Coma I
Total System Cost including:
Material $13,022.00
Labor, Travel and Lodging and Perdiem $6,405.00
TOTAL $19,427.00
TOTAL PROJECT COSTS:
NOTE: SITE ASSESSMENT AND PLANNING MEETING WITH OWNER WILL BE A SEPARATE
CHARGE OUTSIDE OF THIS CONTRACT
Thank you for allowing MCS the opportunity to participate in this project. If you would like us to proceed with the scope of work as
outlined in this proposal, please sign below and fax directly to our office.
Sincerely,
Brian Hinkle Service Manager
MCS AUTHORIZED SIGNATURE
By signing below, i accept this proposal and agree to the Terms and Conditions contained herein.
CUSTOMER NAME
DATE
AUTHORIZED SIGNATURE PRINTED NAME/TITLE
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® GUARD ANRF/D
AMENDED ADDENDUM C: PAYMENT SCHEDULE
System Price & Payment Schedule The total amount of this contract is
$49,782.00. The amounts due under this contract are as follows:
Milestone
Expected Payment Date
Amount Due
Upon contract execution (Invoice 1 a)
Upon contract execution
$24.891.00
Upon Go -Live (Invoice 1 b - if necessary)
Following Go -Live
$24.891.00
2016 System Renewal Fee
July 2016
2017 System Renewal Fee
July 2017
2018 System Renewal Fee
July 2018
Total
$49,782.00
These amounts do not include any taxes.
System Renewal Fee Payment Schedule
The System Renewal Fee is due on the anniversary of your Go -Live date, which is detailed on
Addendum B: Pricing Detail. Agencies are invoiced 60 days prior to the anniversary of your Go -Live
date. Maintenance fees should be remitted to:
GUARDIAN RFID
ATTN: Accounts Receivables
6900 Wedgwood Rd. N.
Suite 440
Maple Grove, MN 55311
By GUARDIAN RFID
Kenneth Dailey
N
razos County
W,;�_
NOW
....._ ......
.
�GUARDIAN PAD System Maintenance Agreement 1 15
I Vo' 1. � .pg., j
�3
a ) a
xXt ti l9ln Yp 91191n Yai[ tl/,X�9RY[Xi iROl1Y4 � 69t9T19n6
Company Address
6900 Wedgwood RD N
Contact Name
STE 440
Phone
Maple Grove, MN 55311
Email
US
Quote Name
Level 4 - Brazos Co. TX
Quote Number
00000974
Prepared By
Ken Dailey Jr.
Phone
(612) 208 -6025
E -mail
ken.dalley.jr @codexcorp.com
Fax
(877) 842 -6339
Bill To Name Brazos Co. TX
Bill To 1700 Hwy 21 W
Bryan, TX 77803 -5359
USA
Created Date 719/2015
Expiration Date 1/9/2015
Contact Title
Sgt.
Contact Name
Brandon Henderson
Phone
(979) 361 -4818
Email
bkhenderson @brazoscountytx.gov
Fax
979- 361 -4170
Ship To Name
Brazos Co. TX
Ship To
300 E. 26th Street
Suite 105
Bryan, TX 77803 -5359
GUARDIAN RFID@ OnDemandTM - Level 4 License (500 -999 Beds) 1 $11,995.001 $11,995.001 1.00
GUARDIAN RFID@ Compliance Monitorlm PowerTool (Level 4)
GUARDIAN RFID@ Sensors
(Professional Services) On -Site Training
$2,995.001 $2,995.001 1.00
$11,995.00
$2,995.00
$14951 $lass zoo 001 5299000
095 00 i' $2 095 00! 8 00 1676000 ,
$995.00 5995.00 5.00 I 20.00%1 $3 980 00
Subtotal
Discount
Total Price
Shipping and
Handling
Grand Total
$50,702.00
1.96
$49,707.00
$75.00
$49,782.00
Vol. _ 1 pg. /J —L
® GUARD ANRF/D
��,--�h
AGREEMENT made this Z/cay of I& 20 [5by and between the Brazos County, a body corporate and politic
under the laws of the State of Texas (the "County'), having its principal place of business at 200 South Texas Ave..
Ste. 352, Bryan Texas 77803, and Codex Corp., dba "GUARDIAN RFID," (hereinafter "GUARDIAN RFID "), having its
principal place of business at 6900 Wedgwood Rd. N., Suite 440, Maple Grove, MN 55311.
SOFTWARE LICENSE AND SERVICE AGREEMENT
TERMS AND CONDITIONS
1. DEFINITIONS
Information. All written, electronic, oral, or recorded end user and system administrator documentation and
functional descriptions therein that describe the uses, features, and functional capabilities of the System, and that
are published or provided to the County by GUARDIAN RFID. All communication of information by the County in
any form whatsoever, including oral, written, and electronic form, disclosed or provided pursuant to its
performance of this Agreement.
Hardware. All hardware, equipment, and other tangible non - Software items supplied to the County by GUARDIAN
RFID under this Agreement.
Production. The use of the System as a live, non- test -bed system. This can be exhibited by events such as the
completion of the first real -world log entry (i.e. cell check, offender movement, etc.) or a similar event or inmate
activity dealing with real -world use.
Software. Any computer programs in object code form and any updates, enhancements, modifications, revisions,
additions, replacements or conversions thereof owned by GUARDIAN RFID and setforth or identified in Addendum
6 or subsequently licensed to the County. Software specifically excludes any Third Party Software.
Server Hardware. All hardware, equipment, and other tangible non - Software items supplied to the County by
GUARDIAN RFID under this Agreement listed as "Server Hardware" in Addendum B.
Services. All project management, training, and other services to be provided by GUARDIAN RFID under this
Agreement,
System. The collective whole of all Software, Hardware, and Services to be purchased, developed, licensed,
supplied, installed, configured, or implemented by GUARDIAN RFID under this Agreement.
LICENSE AGREEMENT I 1
M W _J •
GUARDIANRFID
Third Party Software. Any software to be supplied by GUARDIAN RFID under this agreement that is purchased or
licensed from any source external to GUARDIAN RFID for use with or integration into the System.
2. LICENSE
2.1 Grant of the License
Subject to the terms and conditions set forth herein, GUARDIAN RFID hereby grants to the County, and the County
accepts, a limited, non - transferable and non- exclusive license to use the Software only for the County's own
business purposes.
2.2 Copies and Modifications
Unless otherwise agreed to in writing by GUARDIAN RFID, no identifying marks, copyright or proprietary right
notices may be deleted from any copies of the Software made by the County. The County shall not decompile, or
create by reverse engineering or otherwise, the source codes from the object code supplied hereunder, or adapt
the Software in anyway or use it to create a derivative work. GUARDIAN RFID shall not be responsible in anyway
for Software performance if the Software has been modified, except as modified by GUARDIAN RFID.
2.3 Restrictions on Usage
The County shall not allow any party, other than GUARDIAN RFID, to perform "write" operations directly to or on
the server or database (such as by using an ODBC driver).
3. DELIVERY, FEES PAYMENT
3.1 Delivery of Software to County
The Software shall be delivered in executable object code form only. GUARDIAN RFID shall initially deliver and
install copies of the Software as set forth in Addendum B. Except as stated in Addendum D, GUARDIAN RFID shall
be responsible for delivery, installation, and maintenance of GUARDIAN RFID software.
3.2 Delivery of Hardware to County
GUARDIAN RFID shall ship Hardware to the County's location at a mutually agreeable time in the project timeline.
Items shipped via commercial carrier are FOB destination at the fixed price stated herein. It shall be the County's
responsibility to install all Hardware and to perform proper facility preparation (such as appropriate uninterrupted
power, air conditioning, space, electrical drops, security, network equipment, network drops, etc) not specified in
this Agreement as being provided by GUARDIAN RFID, but necessary to accommodate equipment before, during,
and /or after installation.
3.3 Delivery of Services to County
GUARDIAN RFID will provide Services as set forth in Addendum A.
UARELIAN -RFID- SOFTWARE LICENSE AGREEMENT 12
Vol. _ pg. / 0
GUARD ANRF/D
3.4 Fees
Upon execution of the Agreement, the County shall pay GUARDIAN RFID the fees on the due dates set forth in
Addendum C.
3.5 Payment
The County shall pay invoices received from GUARDIAN RFID by the date due according to the terms of this
Agreement. If the County fails to pay any amount due within thirty (30) days of invoice date, the County shall pay
late charges of one and one half percent (1.545) or the highest allowed by law, whichever is lower; per month on
such balance, together with all of the GUARDIAN RFID's expenses, collection costs and reasonable attorneys' fees
incurred in enforcing this Agreement.
3.6 System Acceptance
The System shall be deemed accepted on the date of notification of System completion by GUARDIAN RFID and
acceptance by County, unless the County notifies GUARDIAN RFID in writing within thirty (30) days after delivery
thereof of any material non - conformity in the Software as compared with the Documentation, or of any failure to
deliver Hardware or Services. In the event that the County does so notify GUARDIAN RFID, GUARDIAN RFID shall
promptly begin to use its reasonable efforts to correct any non - conformity and will again send notification in
writing that the installation is complete. System Acceptance will be dated at the new notification. System
Acceptance shall also be acknowledged by putting the System into Production by GUARDIAN RFID and County.
3.7 System Acceptance Following a Notification of Non-Conformity
The County acknowledges that the System shall be deemed accepted on the date of new notification of System
Acceptance by GUARDIAN RFID, unless the County notifies GUARDIAN RFID in writing within ten (10) days after
delivery thereof of any continued non - conformity or failure of the items listed in the initial notification of non-
conformity. In the event that the County does so notify GUARDIAN RFID, GUARDIAN RFID shall promptly begin to
use its reasonable efforts to correct any non - conformity and will again send notification in writing that the
installation is complete.
4. OTHER RIGHTS AND OBLIGATIONS
4.1 Proprietary Rights
GUARDIAN..RFID_represents that.itis the. owner _ of-or _otherwise.has the-rights-to the- Software and - that.it -has the - - -- -- --
right to grant the License. GUARDIAN RFID retains title to the Software and any other deliverables hereunder,
including, without limitation, all copies and audiovisual aspects thereof and all rights to patents, copyrights,
trademarks, trade secrets and other intellectual property rights inherent therein and appurtenant thereto. The
County shall not, byvirtue of this Agreement or otherwise, acquire any proprietary rights whatsoever in the
Software or in any other deliverables hereunder, which shall be confidential information of GUARDIAN RFID and
GUARDIAN -RFID SOFTWARE LICENSE AGREEMENT) 3
Vol. pg. / �/
® GUARDIANRF/D
the sole and exclusive property of GUARDIAN RFID. GUARDIAN RFID hereby expressly reserves any right not
expressly granted to the County by this Agreement, No identifying marks, copyright or proprietary right notices
may be deleted from any copy of the Software provided to or made by the County. County owns any data and /or
information provided to GUARDIAN RFID under this Agreement.
4.2 Trademarks and Trade Names
Any and all trademarks and trade names, which GUARDIAN RFID uses in connection with the License granted
hereunder, are and shall remain the exclusive property of GUARDIAN RFID. Nothing contained in this Agreement
shall be deemed to give the County any right, title or interest in any trademark or trade name of GUARDIAN RFID.
4.3 Confidentiality
Except as otherwise provided in this Agreement, the County shall not sell, transfer, publish, disclose or otherwise
make available any portion of the Software to others. The County shall use its reasonable best efforts to
cooperate with and assist GUARDIAN RFID in identifying and preventing any unauthorized use, copying or
disclosure of the Software or any portion thereof or any of the algorithms or logic contained therein. GUARDIAN
RFID shall not sell, transfer, publish, disclose or otherwise make available any portion of Countys data or Countys
information acquired through performance of this Agreement to other parties unless required by law, court order,
or written authorization from County.
4.4 Termination for Breach
GUARDIAN RFID may immediately terminate this Agreement, including all license rights granted herein, in the
event the County breaches any of its material confidentiality obligations regarding the Software.
4.5 Non - Confidential Information
Confidentiality obligations of the parties shall not extend to information that:
(a) is, as of the time of its disclosure, or thereafter becomes part of the public domain through a source other
than the receiving party;
(b) was known to the receiving party at the time of its disclosure and such knowledge can be proven by
documentation;
(c) is independently developed by the receiving party;
(d) is subsequently learned from a third party not under a confidentiality obligation to the providing party; or
(e) is required to be disclosed by the Texas Public Information Act, order of a legislative body or order from a
court of competent jurisdiction. In the event that said information is required to be disclosed, the
disclosing party shall provide reasonable notice to the other party to allow the other party to assert
whatever _exclusions or exemptions may be- available under-such law,.regulation_or_order.
4.6 Disclaimer of Warranty
- -- -- -- -- - - -- -- GUARDIAN -RFID SOFTWARE LICENSE AGREEMENT 4
Vol. pg. /�",9
® GUARD ANRIFID
The warranty set forth in Addendum D is a limited warranty and it is the only warranty made by GUARDIAN RFID,
GUARDIAN RFID expressly disclaims, and the County hereby expressly waives, all other warranties, express or
implied, including, without limitation, warranties of merchantability and fitness for a particular purpose.
GUARDIAN RFID's limited warranty is in lieu of all liabilities or obligations of GUARDIAN RFID for damages arising
out of or in connection with the delivery of the System. Except for the limited warranty in Addendum D, the entire
risk as to the quality and performance of the System is with the County.
4.6 Legal Relationship
It is expressly understood by the County and GUARDIAN RFID that GUARDIAN RFID shall not be construed to be,
and is not, an employee of the County. GUARDIAN RFID shall provide services to the County as an independent
contractor with control over the time, means and methods for accomplishing the services outlined in this
Agreement. GUARDIAN RFID further acknowledges that he /she is not entitled to such benefits as holiday time,
vacation time, sick leave, retirement benefits, health benefits, or other benefits usually associated with
employment.
4.7 Insurance Provision
GUARDIAN RFID, at all times during the term of this Agreement, shall obtain and maintain in force insurance
coverage of the types as follows:
Commercial General Liability Insurance
GUARDIAN RFID shall maintain occurrence based commercial general liability insurance or
equivalent form with a limit of not less than $1,000,000 for each occurrence. If such insurance
contains a general aggregate limit it shall apply separately to this Agreement or be no less than two
times the occurrence limit.
Professional Liability Insurance or Miscellaneous Professional Liability Insurance
GUARDIAN RFID agrees to procure and maintain professional liability insurance or miscellaneous
professional liability insurance with a limit not less than $1,000,000.
Business Automobile Liability Insurance
GUARDIAN RFID shall maintain business_ automobile liability insurance or equivalent form with a
limit of not less than$200,000 for each accident. Such insurance shall include coverage for owned,
hired and non -owned vehicles.
A'RBififd- RFIDSOFTWARE LICENSE AGREEMENT 15
Vol. pg. /� 3
® GUAIRDANRFID
At the County's request, GUARDIAN RFID shall provide properly executed Certificates of Insurance which shall
clearly evidence all insurance required in this Agreement and which provide that such insurance may not be
canceled, except on 30 days prior written notice to the County.
5. LIMITATION OF LIABILITY
GUARDIAN RFID SHALL INDEMNIFYAND DEFEND COUNTYAGAINST ALL LOSSES, LIABILITIES,
CLAIMS, CAUSES OF ACTION, AND OTHER EXPENSES, INCLUDING REASONABLE ATTORNEYS
FEES, ARISING FROM ACTIVITIES OF GUARDIAN RFID, ITS AGENTS, SERVANTS OR EMPLOYEES,
PERFORMED UNDER THIS AGREEMENT THAT RESULT FROM THE NEGLIGENT ACT, ERROR, OR
OMISSION OF GUARDIAN RFID OR ANY OF GUARDIAN RFID'S AGENTS, SERVANTS OR
EMPLOYEES.
6. TERMINATION
6.1 By GUARDIAN RFID for Cause
In addition to various other express rights of GUARDIAN RFID to terminate this Agreement set forth herein,
GUARDIAN RFID shall also have the right to terminate this Agreement immediately and cancel any unfulfilled
portion of it by written notice to the County if: (i) the County becomes bankrupt or insolvent or enters into any
arrangement or composition with its creditors or if a receiver is appointed to direct the business of the County, or
(ii) if the County sells or assigns its rights, duties or obligations under this Agreement to any person or entity, in
whole or in part, whether by assignment, merger, transfer or assets, sale of stock, operation of law or otherwise, or
(iii) upon County's breach of the License or confidentiality and nondisclosure provisions contained herein, or (iv)
upon a violation of GUARDIAN RRD's proprietary rights hereunder. GUARDIAN RFID shall have the rights to
terminate this Agreement upon thirty (30) days prior notice upon any breach of any other material provision of this
Agreement by the County. The termination of this Agreement shall automatically terminate and extinguish the
License.
GUARDIAN RFID may exercise any rights available to it under Texas law to terminate for cause upon the failure of
the County to comply with the terms and conditions of this Agreement; provided that GUARDIAN RFID shall give
the County written notice specifying the County's failure and a reasonable opportunity for the County to cure the
defect.
6.2 By-County. for.Ca use.
The County may terminate this Agreement for cause based upon the failure of GUARDIAN RFID to comply with the
terms and /or conditions of the Agreement; provided that the County shall give GUARDIAN RFID written notice
specifying GUARDIAN RFID's failure. If within thirty (30) days after receipt of such notice, GUARDIAN RFID shall not
have either corrected such failure or, in the case of failure which cannot be corrected in thirty (30) days, begun in
good faith to correct said failure and thereafter proceeded diligently to complete such correction, then the County
- -- -- -- - - ---- - - — - _ _ .. - - -- — .- . - -
GUARDIAN RFID SOFTWARE LICENSE AGREEMENT 16
GUARDIANRF/D
may, at its option, place GUARDIAN RFID in default and the Agreement shall terminate on the date specified in
such notice.
6.3 Termination without Cause
After the first anniversary of the maintenance period, this Agreement may be terminated by either party by
providing notice sixty (60) days prior to the date the next annual maintenance payment is due.
Notwithstanding any provisions contained herein, the obligations of Brazos County are expressly contingent upon
the availability of funding for the obligations contained herein for the term of the agreement and any extensions
thereto,"
6.4 Post- Termination Obligations
All provisions hereof relating to GUARDIAN RFID's proprietary rights, confidentiality, non - disclosure and non -
solicitation shall survive the termination or expiration of this Agreement. Any fees due as per Addendum C for
work completed prior to termination shall still be oaid by the County. GUARDIAN RFID shall provide all of County's
data and /or information in a format acceptable to County. County maintains ownership of its data and information
provided to GUARDIAN RFID under this Agreement.
7. MISCELLANEOUS
7.1 Entire Agreement
This agreement, and any addenda specifically incorporated therein by reference, constitutes the entire agreement
between the parties with respect to the subject matter. These documents supersede and merge all previous
proposals of sale, communications, representations, understandings and agreements, whether oral or written,
between parties with respect to the subject hereof.
This Agreement may not be modified except by a writing subscribed to by authorized representatives of both
parties.
7.2 Force Majeure
Neither party shall be liable to the other for any delay or failure to perform any of the services or obligations set
forth in this Agreement due to cause beyond its reasonable control. Performance times shall be considered
extended for a period of time equivalent to the time lost because of such delay.
7.3 Governing Law
This Agreement and performance hereunder shall be governed by the law of the State of Texas, without giving
effect to the principles of conflict of law of such state or international treaties.
- - - - - - -- GUARDIAN RFID SOFTWARE LICENSE AGREEMENT 17
Vol. Pg.-
® GUAROIANRFID
7.4 Assignment
This Agreement shall apply to, inure to the benefit of, and be binding upon the parties hereto and upon their
permitted successors in interest and permitted assigns. The County may not assign, without the priorwritten
consent of GUARDIAN RFID, which consent shall not be unreasonably withheld, the County's rights, duties or
obligations under this Agreement to any person or entity, in whole or in part, whether by assignment, merger,
transfer of assets, sale of stock, operation of law or otherwise, and any attempt to do so shall be deemed a
material breach of this Agreement.
7.5 Notice
Any notice provided pursuant to this Agreement, if specified to be in writing, shall be in writing and shall be
deemed given (i) if by hand delivery, upon receipt hereof; (ii) if mailed, 7 days after deposit in the U.S. mails,
postage prepaid, certified mail, return receipt requested. All notices shall be addressed to the parties at the
addresses set forth on the first page hereof.
7.6 Survival
All provisions of this Agreement relating to proprietary rights, confidentiality, nondisclosure or to payment of fees
by the County shall survive the termination of this Agreement.
7.7 No Waiver
The waiver or failure of either party to exercise any right in any respect provided for herein shall not be deemed a
waiver of any further right hereunder.
7.8 Enforceability
If for any reason a court of compete ntjurisdiction finds any provision of this Agreement, or portion thereof, to be
unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the
Parties, and the remainder of this Agreement shall continue in full force and effect.
7.9 Remedies
Unless otherwise specified herein, the rights and remedies of both Parties set forth in this Agreement are not
exclusive and are in addition to any other rights and remedies available to it at law or in equity.
7.10 Headings
The headings of the sections of this Agreement are inserted for convenience only and shall not constitute a part
hereof or affect in any way the meaning or interpretation of this Agreement.
7.11 No Third Party Beneficiaries
The Parties agree that this Agreement is for the benefit of the Parties hereto and is not intended to confer any
rights or benefits on any third party, and that there are no third party beneficiaries as to this Agreement or any
part of specific provision of this Agreement.
GUARDIAN RFID SOFTWARE LICENSE AGREEMENT 18
F Vol. Pg. /o/ G I
® GUARD ANRFID
7.12 Non - Discrimination
GUARDIAN RFID agrees to abide by the requirements of the following as applicable: Title VI of the Civil Rights Act of
1964 and Title VII of the Civil Rights Act of 1964, as amended by the Equal Employment Opportunity Act of 1972,
Federal Executive Order 11246 as amended, the Rehabilitation Act of 1973, as amended, the Vietnam Era Veteran's
Readjustment Assistance Act of 1974, Title IX of the Education Amendments of 1972, the Age Discrimination Act of
1975, the Fair Housing Act of 1968 as amended, and GUARDIAN RFID agrees to abide by the requirements of the
Americans with Disabilities Act of 1990. GUARDIAN RFID agrees not to discriminate in its employment practices,
and will render services under this Agreement without regard to race, color, religion, sex, national origin, veteran
status, political affiliation, disabilities, or because of an individual's sexual orientation. Any act of discrimination
committed by GUARDIAN RFID, or failure to comply with these obligations when applicable shall be grounds for
termination of this Agreement.
7.13 Change Orders
Change orders and out -of -scope work will be defined by written agreement.
7.16 Export Control
GUARDIAN RFID further agrees that if the U.S. export laws are or become applicable, it will not export any of the
County's data and /or information received under this Agreement to any countries for which the United States
government requires an export license or other supporting documentation at the time of export or transfer, unless
GUARDIAN RFID has obtained prior written authorization from the appropriate authority responsible for such
matters.
8. COUNTY RESPONSIBILITIES
8.1 Project Management
The County shall provide one primary Project Manager to be the main point of contact for GUARDIAN RFID. The
designated Project Manager will be responsible for managing and coordinating the County's resources to complete
assigned project tasks and activities. The Project Manager will also be responsible for designating persons
responsible for specific roles as needed, such as System Administrator and / or Hardware Project Manager, and
ensuring that tasks assigned to these individuals are completed.
The Project Manager will also be responsible for sign -offs of various project documents and will have the authority
to speak for County from a project perspective.
The GUARDIAN RFID dedicated Project Manager: BRETT WILMETH.
8.2 System Configuration
The County shall make available appropriate subject matter experts to perform System configuration tasks as
assigned.
GUARDIAN RFID SOFTWARE LICENSE AGREEMENT 19
Vol. � �E Pg•_2�Z
® GUAROIANRFIv
8.3 Additional Components
Other components (hardware and /or software) may be desired for use with the System. GUARDIAN RFID assumes
no responsibility under this Agreement for obtaining and /or supporting such components except as expressly
agreed herein. This includes, but is not limited to, networking equipment, workstations, servers for third party
systems, and mobile workstations or laptops.
8.4 Third Party Costs
Except as expressly agreed herein, GUARDIAN RFID assumes no responsibility for any third party costs related to
implementation of the System. This includes, but is not limited to, any third party costs associated with the
implementation of Interfaces.
The County has read and agrees to all of the attached and incorporated terms and conditions.
Agency
Date
GUARDIAN RFID
Kenneth Dailey
Signature
President
06/19/2015
Dare
GUARDIAN- RFIDSD.ETWgR LICENSE AGREEMENT 110
GUARD NRFID
ADDENDUM A: STATEMENT OF WORK
GUARDIAN RFID will provide Software, Hardware, and Services, identical to or substantially similar to those
outlined below, in the quantities specified in Addendum B.
1. Software
The software detailed in the following sections includes, but is not limited to, the listed functionality.
GUARDIAN RFID OnDemand
• Integration with JMS
• Reports (Microsoft SQL Server)
• Create and manage unlimited users
• Population count with "Quick Book"
module
• Definable menus and rules authoring
• Facility setup
GUARDIAN RFID Mobile
• Mobile data collection
• RFID Integration
• Real -time synchronization (AutoSync)
• System Alerts (including Out of Cell
and Dangerous Items)
• Mobile timers
• Auto inmate identification from RFID
wristbands or ID Cards
• Performance Dashboard
• Authentication
• Event Log with Freehand.logcreation
• Firewall security
• Login/logout user activity
• Individual and group logging support
• Cell checks and security checks
• Inmate movements
• Supply passes
• Recreation offerings
• Meal offerings
• Headcounts (on- screen and RFID)
• Customizable Inmate activity logging
Reporting (Powered by Microsoft SQL Server Reporting Services)
• Pre -built Web -based reports • Custom data filters
• Export to PDF, Excel, XML, etc. • Email reports
Any third party costs or charges incurred related to the implementation of the following interfaces _
will be the responsibility of the County.
Any interfaces that cannot be deployed as part of System go -live due to the County or a third -party
vendor not being ready for deployment shall not delay System Acceptance.
- - - - - -- GUARDIAN- RFID.SOFTNARE LICENSE AGREEMENT 111
Vol, -� , � pg.
® GUARDIANRFID
Interface
GUARDIAN RFID will immediately provide a one -way interface with the County's existing jail
management system OMS) to automatically share inmate demographic and housing assignment
data, including technical support for the GUARDIAN RFID -side of the interface.
2. HARDWARE
Server Hardware
This includes any production and training /testing servers specifically supplied by GUARDIAN RFID.
Mobile Computers and Related Accessories
This package includes your ruggedized mobile computers (BIP- 6000MAX), desktop cradle, cables,
stylus, screen protectors, and spare batteries.
RFID Wristband Label Equipment & Accessories
This can include a rolling laminator(s), LX400label printer, spare LX400 ink cartridges, labels, and
RFID Desktop Reader (USE).
Fixed RFID Tags
This includes GUARDIAN RFIDO Sensors °'.
Fixed RFID Readers
This includes fixed short, medium, and long -range RFID readers from FEIG Electronics, such as the
CPR50, and any associated antennas, multiplexers, and power supplies.
3. SERVICES
Project Management
From the start of the project, a GUARDIAN RFID project manager works with the agency as the single
point of contact for your implementation. The project manager develops and manages the
implementation schedule and liaises with the agency and GUARDIAN RFID to keep the project on
track and on schedule. The project manager conducts weekly status meetings to provide the agency
with status reports: - - - - - - - --
The project team, under the direction of the project manager, visits pertinent areas of the agency
and meets with key agency personnel to understand the agency's operational needs and business
rules. Team members observe the agency's daily operations first -hand and use that information to
identify how GUARDIAN RFID would best be configured to match and enhance the agency's
GUARDIAN RRD System Maintenance Agreement 1 12
Vol. Pg. / %D
GUARD/ANRFID
workflows. The project team trains system administrators on configuration options, such as user-
definable tools, defining users and user privileges, etc.
Pre - Training Meeting
Pre- Training is a meeting scheduled within 2 -4 weeks prior to on -site training and Go -Live that
involves administration, supervisors, and GUARDIAN RFID project members to review your agencys
use of GUARDIAN RHO and all policy and procedure considerations. Additionally, GUARDIAN RFID
reviews a number of common questions with administrators and supervisors.
Information gathered during Pre - Training is then used to fully customize your on -site training
classes. Our GUARDIAN RFID certified training instructors are also able to answer most or all
questions posed by staff members, which may normally arise during on -site training classes.
Complete End User Training
Trainers conduct detailed instructional classes for each of the agency's users. This four -hour class
focuses on building proficiency and confidence using GUARDIAN RFID - specifically using GUARDIAN
RFID Mobile software and logging a wide range of inmate activities, as well as using GUARDIAN RFID
OnDemand, and assembling RFID wristbands.
Go Live Support
GUARDIAN RFID Technologies staff is on site at the agency for go -live. Project managers and /or
trainers assist users with questions that arise during this process and reinforce skills learned during
the training sessions.
Refresher Training
At the agency's request, GUARDIAN RFID Technologies can provide follow -up training (afterthe
successful implementation) to introduce new personnel to GUARDIAN RFID or refresh existing
personnel on best practices with regard to using GUARDIAN RFID. Most often, refresher training is
coordinated via WebEx online meetings. On -site training can also be coordinated. A formal price
quote can be prepared by your project manager or account manager for on -site training.
E GUARD IAN
RFID System Maintenance Agreement 1 13
GUARDIANRF/D
ADDENDUM B: PRICING DETAIL
System Pricing
(See copy of originally accepted price quote on following page).
System Renewal Fee (Maintenance, Support, and Software Updates)
The System Renewal Fee (SRF) is due one -year from the anniversary of your Go -Live date-
Expected Go -Live Date: August 2015
FY 2016 -SRF
9,950.00
FY 2017 SRF
9,950.00
FY2018SRF
9,950.00
These amounts do not include any taxes.
Annual support will not increase more than 3.5% annually.
GUARDIAN RFID .�y.5.te_r]].MaiDte.DaJUe Agreement 114
Vol. '2 ;2' "�. Pg._l
•O[11, FIOI UtF�G�41CU6.60tYI,CF4
Company Address 13570 Grove Dr.
Maple Grove, MN 55311
US
Prepared By Ken Dalley Jr
Phone
(612) 208 -6025
E -mail
ken.dalley.ir @oodexcorp.com
Fax
(877) 842 -6339
Bill To Name
Brazos Co. TX
Bill To
1700 Hwy 21 W
Ship To Name
Bryan, TX 77803 -5359
Ship To
USA
Created Date 101912014
Expiration Date 119/2015
Quote Number 00000974
Contact Title
Sgt. .
Contact Name
Brandon Henderson
Phone
(979) 361 -4818
Email
bkhenderson @brazoscountytx.gov
Fax
979 - 361-4170
Ship To Name
Brazos Co. TX
Ship To
300 E. 26th Street
54,760.00
Suite 105
52,995.00
Bryan, TX 771103-5359
Subtotal
$50,949.60
Discount
a
Tote( Price
GUARDIAN RFIDS OnDemandTM- Level 4 License (500-999 Beds)
$11,995.00
$11,995.00
1.00
$11.995.00
GUARDIAN RFID® Mobile License
$595.00
$595.00
8.00
54,760.00
GUARDIAN RFIDS Compliance Monitor"" PowerTool (Level 4)
52,995.00
$2,995.00
1.00
$2,995.00
GUARDIAN RFIDS Medication Manager'" PowerTool (Level 4)
55,995.00
$5,995.00
1.00
55,995.00
GUARDIAN RFiD$ Sensors
I $14.95
$14.95
200,D0
$2,990.00
BIP- 6000 -AS w13Yr Prem Warr.
$2,095.00
$2,095.00
8100
$16,760.00
(Professional Services) On -Site Training
1 $995.00
$995.00
5.00
20.00% $3,980.00
Bell Holster - BIP -6000 Mobile Computer
1 $29.001
$59.95
8.00
33.00 % $321.33
Subtotal
$50,949.60
Discount
2.26%
Tote( Price
$49,796.33
Shipping and
$75.00
Handling
Grand Total
$49,871.33
EE,- oz Pg -_ /_ ?�
® GUARDIANRFID
ADDENDUM C: PAYMENT SCHEDULE
System Price & Payment Schedule
The total amount of this contract is 849.871.33.
The amounts due under this contract are as follows:
Milestone
Expected Payment Date
Amount Due
Upon contract execution (Invoice 1a)
Upon contract execution
$24.935.67
Upon Go -Live (Invoice 1 b - if necessary)
Following Go -Live
$24,935.66
2016 System Renewal Fee
July 2016
2017 System Renewal Fee
July 2017
2018 System Renewal Fee
July 2018
Total
$49.871 33
These amounts do not include any taxes.
System Renewal Fee Payment Schedule
The System Renewal Fee is due on the anniversary of your Go -Live date, which is detailed on
Addendum B: Pricing Detail. Agencies are invoiced 60 days prior to the anniversary of your Go -Live
date. Maintenance fees should be remitted to:
GUARDIAN RFID
ATTN: Accounts Receivables
6900 Wedgwood Rd. N.
Suite 440
Maple Grave, MN 55311
E — GUARDIAN- RFID-System'Maintenance Agreement J 15
Vol. _
GUARDIANRFID
ADDENDUM D: MAINTENANCE AGREEMENT
1. Warranties
1.1 Software Warranties
GUARDIAN RFID warrants that: (i) it owns or otherwise has the rights in the Software and has the
right to license the Software as described in this Agreement and (ii) while the Maintenance
Agreement is in effect and has not been terminated or expired the operation of the Software shall
not have material non - conformities, provided that no party has altered any portion of the software,
that the Software are operated on the Equipment and in the Operation Environment necessary to
operate the Software, and that any non - conformities are not caused by products or services from
GUARDIAN RFID's suppliers or any other third party. GUARDIAN RFID's sole obligation or liability
under the Warranty shall be to use reasonable efforts to correct the Software, in a reasonable time,
to perform in accordance with Addendum A, upon written notice of its failure to so perform from
the County. In the event GUARDIAN RFID fails to remedy material defects in the Software under this
Warranty, the County's sole remedy and GUARDIAN RFID's sole liability shall be to receive a refund
of any fee paid hereunder for the portion of the Software, if any, which contains a Material Defect.
1.2 Hardware and Third Party Software Warranties
GUARDIAN RFID warrants that, at the time of delivery, the Hardware will be new and unused. In
addition, GUARDIAN RFID warrants that the County will acquire good and clear title to the Hardware,
free and clear of all liens and encumbrances.
All Hardware and Third Party Software warranties provided by the manufacturer will be passed
through to the County. GUARDIAN RFID will be solely responsible for processing and managing of all
Hardware and Third Party Software warranty claims that may be necessary during the term of this
Agreement.
2. Software Updates
While this Agreement has not expired, GUARDIAN RFID will maintain the Software by providing
software updates and enhancements to the County. All software updates provided to the County by
GUARDIAN RFID pursuant to the terms of this Agreement shall be subject to the terms and
conditions of the License Agreement between the. parties. Updates will be provided on an as-
available basis and include the items listed below;
1. Bug fixes;
2. Enhancements to products licensed by County under this Agreement;
GUARDIAN RFID System Maintenance Agreement 1 16
F Vol. _,-1 o� Pg.
GUARD NRFID
Updates do not include:
1. platform extensions including product extensions to different hardware platforms, different
windowing system platforms, or different operating system platforms
2. New functions such as new modules, components, products, or applications.
At a time mutually acceptable to both parties, GUARDIAN RFID will install software updates
remotely.
3. Support
GUARDIAN RFID shall provide phone and email support for the Software licensed under this
agreement and shall maintain a support center database to track any reported issues. No support
will be provided for Software more than two versions back from the most recently released version.
Support does not include custom programming services or training.
4. County Responsibilities
5.1 Access to Premises
The County shall provide GUARDIAN RFID with reasonable and timely access to the sites and
personnel necessary for GUARDIAN RFID to perform its obligations under this Agreement.
5.2 System Administrator
The County is responsible for naming one or more System Administrators to serve as a primary
point of contact between the County and GUARDIAN RFID. At least one System Administrator must
be available at all times. The County will ensure that the System Administrators possesses the
appropriate technology and public safety knowledge and skills to perform this role sufficiently.
5.3 Security
The County is responsible for providing all network and physical security.
5.4 System Updates
The County shall work in good faith to allow GUARDIAN RFID to install System updates as requested
by GUARDIAN RFID.
5. Hardware Maintenance
GUARDIAN RFID will maintain the Server Hardware_ necessary to host the Software.. This does, n.ot.
include any Hardware except Server Hardware. County is responsible for data backups, operating
system updates, virus protection, database software updates, and other general performance of the
Server Hardware.
GUARDIAN RFID System Maintenance Agreement 1 17
FOl. 0a Pg,_ /��
BRAZOS COUNTY
COMMISSIONERS' COURT
ACTION FORM
DEPARTMENT Road and Bridge DEPT. NUMBER 56001000
DATE OF COURT MEETING: July 14, 2015
ITEM: Consider and take action on the Final Plat of Indian Lakes Subdivision, Phase XXV
(25); Lots 1 -10, Block 36: 31.667 Acres; J.M. Barrera Survey A -69 H.G. Hudson Survey,
A -141; (College Station ETJ) Brazos County Texas. Site is located in Precinct 1.
SOURCE OF FUNDS: N/A
NOTES:
• Owner: Smiling Mallard Development, Ltd.
• Engineer /Surveyor: McClure & Browne Engineering/Surveying, Inc.
SUBMITTED BY:
R. Alan Munger, P
County Engineer Precinct
tD / ENIED [ ] C mmissioners' Court
E. Duanie Peters, County Judge
/_\99MOMA 0
7 ter V &,L4 �4U.�,��
Commissioner Lloyd Wassermann
This Request is
gll gltt�-
Date
voi.
�5
Jan. 27. 2004 3:23PM Brazos County Road & Bridge
Application for Development
Firma CounlySubdivision and DayelopmentBngulalleas
Brazos Calmly Hnglneeting Department
2617 Hwy21 Weal Bryan, Texas 77W3
(979) 8222127
MasterPlan Altk'$inal Plat _✓ Re,Plat
.� . ProPedyDascrlp(i�p_; �'
No. 0946 P. 2
Office Use Only.
AmendingPlat_
aor1ZMOAgent,EagfaeerorSuryoyO%
,. TAT. ._ ..�_.. c—.. . .. _ ...
PmIdenrial (9"MobileHomaPark () Commercial ( )
Other ( )
is any ofthepmpe* located inaFloodolotaor Flood Hazard ar VEC rv�rnm
..�a,do ownuecymepsrmaaanr rupa aammeanyHfaraSCOWayin etaieatrag Road harards W
eens[dered rratenahfesndarar== mrmmnnnrvnii. w.,. .._.e... r....w.. m_.._._._.._.._ __..
- •^•- n....• Ws.�.... �....+o+��a. prvu+ruvppicmrmawNaccm ana caoa eatgnuMAybe(naeasedby man-made ormatmi
=MUM= ota E7oe Adfl Pemiltin aaerdanee wall tt Bramsrbvcty Flood m=aneAamanrtnn nmM. r,. e� ,r...r..
..,�anammranmapmcocmmaaawrmywuy ant ercremptoywornmzas Courryfe the eventflood(ngar flood damage does
Mr.
Ispattoralloftha property within anETJ Ora City? YES (yeslno)
Wilt myconanudonoeeurinWOTitglttof -ways? Ai C3 (yesfno)
Application Check Lish
Copies offinished plat pith cormcilons (d'any);
19_*� 9coplesto BM= 0oanty
H! one (1) copy to Brazos County Health Dept.
lY Ono (1) copy to Brazos County 911
0/ Ono (1) copy to foul Water Dis atorCompany
Letters ofapprnvai(to be, Sent by the appMki;instkutiondirectly to Bmms County $ngiowring):
❑ Le[tpr ROM 13 MCountyHealdtDepc— FormteiteSewageOvelaadon,
O Uttar livm BMW Courtly 911 —For roadoemos.
It LOttar& om Water Distdotor Company. — Stating water avallablliry,etc•.
Tpmpetty is wlthinan EU ofa city.
❑ Approval notification from appropriate utV
APPUmatat tasttha ttheyhavo Signed this appiiradenia the capacirydrylgaetetl, ifar % and further anesrs
dmttheyhava read duct maetand the statementeanteinedherein and any attached are true and factua6 All
opplieantsareencouraged toroview the CountyRoguladoospdorto myplataubmittai. it Is ondetatoodthat
this appLcatian isnatfialshed or dated until all documents listedabove era fit the Brazos County
6dgitieedag Of4ap end aU applicable blanks are filiedia theapplicatioaabove_
.01,2 S ,y
ApplteanPs Spoke Date
County Witness
Vol. _�_� �9• ���
Jun, 27, 2005 3:23PM Brazos County Road & Bridge
No, 0946 P. 3
E, ngineer/Surveyor Check list for Plat Pre- Approval
fd/ I)
Prepcfz 1,ocite4within a CIty ExtraTenitmidijurisdiodon (AT I) cOIliaot with
that Ci •isa-e4d.tedbafore lulu ideal. :'.'
.: P ».r.
1K 2)
Drawn on 24" x 36" sheet to scale a(100' per inch or larger. if more than one sheet, an
indFx sheet showing entire subdivision at a $cald of 500 feat per inch or larger.
rK, 3)
Include the words; "MASTER DEVELOPMENT PLAN _ NOT FOR RECORD" or
"FINAL PLAT" or "RE-PLAT' or AMENDING PLAT' in letters' A" high.
V 4)
Vicinity Map which includes enough ofsarroundingamto show general location of
subjeefpropertyin relation to major roads and any city IImits and county boundaries. No
scale requl ed bul include north arrow.
t0/ 5)
Title Block with the follow* information;
O9
Name and address ofsubdivider, reeo rded owner, planner, engineerandsurveyoc
gV
Proposed name ofSubdivision. (Subdivision namo &streetnames win beApproved
through the WRE08: County 911.) (Replats necd to retain original subdivision name.)
@"
Date ofpreparation. (Include the date ofanyrevislonsan the
a/
plat)
Engineer's scale in feet.
13
Total area latendedtobedeveloped.
t3'
1 e plat or Amending Plat, existing lot and block description or Abstract name and
number
El- 6) North Arrow,
6"" 7) Location of any current city or county limit liner,ifapp]icable.
El— 8) Subdivision boundary indicated by heavy lines. Boundary must include all ofparentcoact.
9) Descriptions by metes and bouads of the subdivision which shall close within accepted
ladd surveying standards. (Shown on drawing; not sepatato doscriptiion)
1� 10) primary control points or descriptions and ties to such control points, to which, later, all
dimensions, angles, bearings, block numbers, and similar data shall be referred. The plat
shall he looatod with rospeot to a comer of the survey or tract, or an original comer of the
original survey of which it is a part
11) Name ofcontiguous subdivisions and names ofowners ofcoutiguous parcels of
unsubdivided Isrtd, and an indication whether or rot Contiguous properties are platted.
uf/ 12) Location Of the 400 Year Floodplaln and Fl oodwoy ,ifrpplioablg According to the most
recent available data.
V 13) Noto to FNMA FIRM Map panel number and revision date on plat
D' M) , Topographiaiafomradoo, iueluding contours at two foot (2 ft.) intervals, tlowline
olevafti and fiow direction,
H t5) Proposed dmioago concept shown on plan, showing Raw paths tb primary system.
Vol. p9• —f ��
Jun. 27. 2005 3:24PM Brazos County Road & Bridge No, 0946 P. 4
EK 16) Locate: and Deserlbo, with accurate dimensions, bearings ordeUecdpn angles and radii,
area, centerangle, degree of curvature, tmtgeotdistance and length ofall curves, show
exfstiug items that are Intersecting or contiguous with the boundary ofarfomting a
_!¢oundary whh the subdivision, as wef( Z, those withla the subdivision; for the
. "following: r.
Existing Proposed
i9 Er F Streets: wntimmusoroadinacui• de- sn , stubbed out streets must end Into a
temp, turn around unless they are shorter that 100 feet
9-/ Public endpegvat eRO.W. locations, width(s)and names. (All existing and
proposed R.O.tr/.'s Sufficient to meetCountyand City Regulations, If
applicablo,)
91, 3trebt Offset and lorintersection angles meet ortUn Cleo,
Alleys
[Y Reservsttacfs.
� � Wollsllelacations.
EY Pipelines :labelcompany with volumeandpsgo.
WRY Services. (water, wastewater, electrical, aatUmlgas. cable, phone, etc.)
[� H' Easements.
IY Er Drafnage Structures and improvements per engneer inganalysis,
El-- A number or letter to identify each lot or site. and each block,
Publicamas.
Other Public Improvements, including but nut limited to parks, schools and
other public facilitlax.
l� 17) All oir -site easements fai Igfrastructu e, construction must be shown OA the final plat with
a volume andpage Usted to indicate where the Separate instrumentemements were filed.
Separate instrument easements must W filed prior or concurrently with final plat.
[➢i 18) Peoposed phwirg;, no Master Plan and each phase must be ablejo stand sinus to, moot
ordinance tegairements. Infim ruclum costs should be separate foreachphase ofthe
subdivision. '
9-- 19) Bring this check listxvithonacopyo €plat forpre• approvaltomee ting-, date and Cane set
by County Eugineeror Planner. Mectiog location set at County Engineering office.
Bra7nsCauntyfaglttaericg - •
Road Be Btidgalkparhnent -
- 26f7Hwyat -1Vest ; - -
Btyen,lbxas
(979)822 -2127 .
9:1
BRAZOS COUNTY
COMMISSIONERS' COURT
ACTION FORM
DEPATI'MENT: Road & Bridge
MEETING DATE: July 14, 2015
SUBJECT: Private Property Access
Request permission to enter private property owned by Dennis & Audrey Ecklund
located at 5902 Wild Horse Run. Project will require the County to repair drainage area
that has eroded due to heavy runoff. Site is located in Precinct 1.
SUBMITTED BY:
Darrell W. Kolwes
Right of Way Agent
This request is
APPROVED BY:
lqltleL�—
Lloyd assermann
Commissioner Precinct 1
illuane Peters, County judge
Date: T -7/ 1_I /c) 0 16
immissioners' Court
Vol. _�_ Pg._ /�%
M
9
BRAZOS COUNTY
PRIVATE PROPERTY ACCESS FORM
E. Duane Peters
R. Alan Munger, P.E.
Brazos County Judge
County Engineer
Brazos County Road 8 Bndge Dept.
Lloyd Wassermann
2617 Hwy 21 West
Commissioner Pct. 1
Bryan, Texas 77803
Office: 979 - 822 -2127
Sammy Cataana
Fax: 979 - 775 -0453
Commissioner Pct. 2
ramunger @bmzoswuntytz.gov
Kenny Mallard
Commissioner Pct. 3
Irma Cauley
Commissioner Pct. 4
I. OWNER(S): Dennis & Audrey Ecklund
II. ADDRESS: 5902 Wild Horse Run
College Station, Texas 77845 -2347
III. LOCATION OF WORK: Same as above
97748 — Estates at River Run, Phase
2, Block 4, Lot 15,
8.979 acres
IV. DESCRIPTION OF WORK: Request permission to enter property to repairdrainage
area that has eroded due to heavy runoff.
Additional Comments:
V. MAINTENANCE: Yes No X
IF YES, ESTIMATE FREQUENCY OF MAINTENANCE: N/A
I (we) the undersigned owner(s) grant permission to Brazos County the ability to access the
above mentioned private property for roadway maintenance purposes.
Owner's Signature: Date:
R. Alan Munger, P.E✓
County Engineer
c%�X�' _ lam/ • ��'�
Darrell W. Kolwes
Right of Way Agent
Vol. _� , pg. / �`Z
DEPARTMENT:
MEETING DATE:
SUBJECT:
BRAZOS COUNTY
COMMISSIONERS' COURT
ACTION FORM
Road & Bridge
July 14, 2015
Private Property Access
Request permission to enter private property owned by Robert & Mary Kraus located at
5903 Wild Horse Run. Project will require the County to repair drainage area that has
eroded due to heavy runoff. Site is located in Precinct 1.
SUBMITTED BY: APPROVED BY:
Darrell W. Kolwes
Right of Way Agent
This request is
Lloyd Wassermann
Commissioner Precinct 1
/❑ DENIED by Commissioners' Court
Duane Peters, County judge Judge
Date: �/ 1 J (X16
Vol. _- -.2--Q— Pg. / fJ�
BRAZOS COUNTY
PRIVATE PROPERTY ACCESS FORM
E, Duane Peters
Brazos County Judge
Lloyd Wassermann
Commissioner Pct 1
Sammy Catalena
Commissioner Pct. 2
Kenny Mallard
Commissioner Pct. 3
Irma Cauley
Commissioner Pct. 4
OWNER(S): Robert & Mary Kraus
II. ADDRESS:. 5903 Wild Horse Run
College Station, Texas 77845 -2347
III. LOCATION OF WORK: Same as above
R. Alan Munger, P.E.
County Engineer
Brazos County Road & Bridge Dept.
2617 Hwy 21 West
Bryan, Texas 77803
Ofce'. 979 -822 -2127
Fax 979 - 775 -0453
mmunger@bmzoscountyd.gov
97749 — Estates at River Run, Phase 2, Block 4, Lot 16,
3.353 acres
IV. DESCRIPTION OF WORK: Request permission to enterpropertyto repairdrainage
area that has eroded due to heavy runoff.
Additional Comments:
V. MAINTENANCE: Yes
No X
IF YES, ESTIMATE FREQUENCY OF MAINTENANCE: N/A
I (we) the undersigned owner(s) grant permission to Brazos County the ability to access the
above mentioned private property for roadway maintenance purposes.
Owner's Signature: Date: 6 ` 2� �S
R. Alan Munger, P. Darrell W. Kolwes
County Engineer Right of Way Agent
+ Vol.
DEPARTIVIENT:
MEETING DATE:
SUBJECT:
BRAZOS COUNTY
COMMISSIONERS' COURT
ACTION FORM
Road & Bridge
July 14, 2015
Private Property Access
Request permission to enter private property owned by John A. Babin located at 14717
Jack Creek Road. Project will require maintenance to inlet and culvert for spillway of
lake that flows under Jack Creek Road. Site is located in Precinct 2.
SUBMITTED BY:
(Q �ia-
Darrell W. Kohves
Right of Way Agent
This request is
APPROVED BY:
Duane Peters, County Judge
Date: -7 /1 q /�2c)15
Vol. �� �_ Pg.
0
9
BRAZOS COUNTY
PRIVATE PROPERTY ACCESS FORM
E. Duane Peters
Brazos County Judge
Lloyd Wassermann
Commissioner Pct. 1
Sammy Catalena
Commissioner Pct. 2
Kenny Mallard
Commissioner Pct. 3
Irma Cauley
Commissioner Pct.4
OWNER(S): John A. Babin
R. Alan Munger, P.E.
County Engineer
Brazos County Road & Bridge Dept.
2617 Hwy 21 West
Bryan, Texas 77803
Office: 979 - 822 -2127
Fax: 979 - 775 -9453
ramunger@brnoscountytx.gov
II. ADDRESS: P. O. Box 444
Bryan, Texas 77806
III. LOCATION OF WORK: 103376 — Mary Lawrence Survey, A -30, Tract 9.2, 41.0 acres
14717 Jack Creek Road
IV. DESCRIPTION OF WORK: Request permission to enter property to maintain drop
inlet and culvert for spillway of lake that flows under Jack Creek Road.
Additional Comments: covktict L � � e ��e�t �t . (aP o 93s-- u l o
V. MAINTENANCE: Yes X No
IF YES, ESTIMATE FREQUENCY OF MAINTENANCE: Only if necessary to
maintain adequate flow and prevent erosion.
I (we) the undersigned owner(s) grant permission to Brazos County the ability to access the
above mentioned private property for roadway maintenance purposes.
Owner's Signature: Date:
R. Alan Munger, P.E. Darrell W. Kolwes
County Engineer Right of Way Agent
The State of Texas, County of BRAZOS
We, the undersigned, as County Commissioners within and for Brazos County, and the
Honorable Duane Peters, County Judge of Brazos County, constituting the entire
Commissioners' Court of Brazos County, during a regular meeting of said Court have
examined the foregoing report and have caused an order to be entered upon the Minutes
of the Commissioners' Court of Brazos County approving said Report as presented and
submitted as true. and correct by Laura Taylor. Davis, Treasurer of Brazos County, as
provided for in the Revised Statutes of the State of Texas. ('Texas Local Government
Code, 114.026)
Witness my hand this �day of J tAIW A.D. 2015
azen McQueen
County Clerk, County of BRAZOS, State of Texas
Examined and approved in open Commissioners' Court this 14171% ay of
�
kQ kr�OtA�44,-
Lloyd Whssermann, Commissioner Precinct #1
y atalena, omrmssioner Precinct #2
Kenny Mallard, C46missioner P inct #3
A 6(jrr
:
Irma Cauley, Commissioner Precinct 44
Treasurer's Report for the MONTH MAY 2015
Vol. _� ,?_,g Pg._/ Y%
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT(S) FOR THE 2014 -2015 BUDGET YEAR
NO. 14/15 40.1-40.19
On this the 14th day of July 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 I4th day of July2015 the Court heard and approved a budget amendmentfor
the 2014 -2015 budget year for Brazos County, Texas; and
WHEREAS, expenditure is necessary due to the necessity to meet unusual and unforeseen conditions
which could not be reasonably included in the original budget adopted 9 September 2014, the following
amendment(s) to the original budget are hereby authorized, as described on the attached page(s).
ADOPTED AND APPROVED this the 14th day of July 2015.
THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS.
go
Duane Peters, County Judge
Original: County Clerk's Office and
Attached to the original budget
P9._Lff9
J2
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 14/15 - 40.1
7/14/2015
FUND
DIV
ACCT
PROJ
DR/CR
ACCOUNT NAME
Increase
Decrease
0100
31000200
60170000
CR
Co ier/Printer/Fax Supplies
2,000.00
0100
31000200
60200000
CR
Counseling Supplies
10.31
0100
31000200
65050000
CR
Building Maint. Supplies
150.00
0100
31000200
65540000
CR
Copier/Printer/Fax Supplies
10.00
0100
31000200
60360000
CR
Furniture
172.08
0100
31000200
61470000
DR
Prescriptions
2,342.39
Juvenile Services - Detention
Request reallocation of funds to pay for prescription medication for youth in the Detention Center.
Vol. — pS ..P-
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 14/15 - 40.2
ACCT
I TYC Parole and Juvenile Title N -E I I I I I
reallocation of funds to correct account as
Vol.
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 14/15 - 40.3
7/1412015
FUNDI DIV I ACCT PROJ I DR/CR ACCOUNT NAME Increase Decrease
15001 520001001 67203000 CR Minor Computer Hardware 2,840.00
1500 52000100 61620000 DR Subscriptions & Pubs 2,840.00
Law Library Aund
Request reallocation of funds to cover subscription cost for remainder of FY 15.
Vol. _� _�� P9 - / !
2500
Constable Pet.
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 14115 - 40.4
Vol.
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 14115 - 40.5
- Constable Pct. #4
Reallocation of funds to oav for installation of radars.
Vol. _ 02 Pg. % %S�
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 14/15 - 40.6
7/14/2015
FVO�.-7 / %S��
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 14115 - 40.7
on boiler located at the Jail.
Vol.
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 14115 - 40.8
Vol. Pg. 17
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 14/15 - 40.9
7/14/2015
FUND
DIV
ACCT
PROJ
DR/CR
ACCOUNT NAME
Increase
Decrease
0100
31000200
61801000
CR
Travel
10.00
0100
31000200
72590000
CR
Professional Fees -Other
500.00
0100
31000200
61680000
CR
Training
1,031.96
0100
31000200
60360000
DR
Furniture
1,541.96
Juvenile Services - Detention
- -
Reallocation of funds to purchase four computer desks and sixteen chairs for the classrooms in the Juvenile Detention Center.
Vol.
&B
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 14115 - 40.10
for Lisher6che.
Vol. %
BRAZOS COUNTY, TEXAS
BUDGETAMENDMENTS
No. 14115 - 40.11
Fol.
pg. 6 0
.
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 14115 - 40.12
7/14/2015
FUNDI
DIV
I ACCT
PROJ
DR/CR
ACCOUNT NAME
Increase
Decrease
01001
227001001
61130000
CR
Contingency
7,240.001
0100
22700100
51610000
DR
Hourly Staff
4 070.00
0100
22700100
51640000
DR
Hourly - Temp
3,170.00
County Drug Coun
Reallocation of funds to cover payroll overages for the remainder of FY 15.
Vol. 2-'z' Pg. °�
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 14/15 - 40.13
and Fleet Maint
Request reallocation of funds from the General Capital Projects budget to cover the additional cost of the Fleet Services building for
construction costs.
E- :pg_ 1�- 6,-L
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 14115 - 40.14
7114/2015
FUND
DIV
I ACCT
PROJ
DR/CR
ACCOUNT NAME
Increase
Decrease-
4111
63000500
65150000
CR
Com user Maint.
8,000.00
4500
63000500
65052000
CR
Carpentry & Build. Repair
6,103.68
4500
63000500
72155000
CR
Computer Consulting
9.68
4500
63000500
60211000
DR
Software - No Tag
6,367.40
4500
63000500
60500000
DR
Equipment & IT Enhancements
7,745.96
I
I
Capital Projects - IT
Request mallocation of funds to support the cost of Advanced Authentication CIP Project.
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 14115 - 40.15
7114/2015
FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
4500 63000500 65052000 CR ("amenury & Build. Re air 23,075.00
4500 63000500 650510000 DR Air CondfHeating Maint. 23,075.00
Capital Projects - Facilities Services
Request reallocation of funds comp lete the Wireless Thennometer Project in the Brazos County Administration Building.
I
VOL
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 14115 - 40.16
7/14/2015
FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
4500 63000500 65052000 CR Carpentry & Build. R air 792.00
45001 63000500 1 65050000 DR Building Maint. Supplies 792.00
Capital Projects - Facilities Services
Request reallocation of funds complete the replacement of light poles housed around the Brazos County Administration Building.
Vol. �� �-. P9 -_�
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 14115 - 40.17
7/14/2015
FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
2201 51000300 80281000 CR Equipment - Electronic 20,932.59
2201 51000300 80720000 DR Security & Surveil. System 20,932.59
JP See urity Fund
Re uest reallocation of funds complete the installation of a security system.
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 14/15 - 40.18
7/1412015
FUND
DIV
ACCT
PROJ
DRICR
ACCOUNT NAME
Increase
Decrease
4308
63431000
65540000
CR
Network Maint.
3,688.50
4308
63431000
60203000
DR
Equipment - Other
3,688.50
Jail Tnmatc Aoldin g Remodel
Reallocation of funds to proper account.
i
V [NIO, d� pg. �41-7
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 14115 - 40.19
7/14/2015
FUND
DIV
ACCT
PROJ
DR/CR
ACCOUNT NAME
Increase
Decrease
4312
63000910
80205000
CR
Computer - Network Cost
5t.50
4312
63000910
80203000
DR
Computer - Hardware
51.50
New Tax Office Building
Reallocation o£ Sun ds to purchase annual maintenance ae cement for the Nemo -Q System.
VOL -22 2
PERSONNEL
CHANGE OF STATUS REQUESTS
Commissioner Court Date: July 14, 2015
Department Submitting Information: Human Resources
Purpose of Submissions: Consider and Take Action on Change Requests
33
Department Submitting
Employee Request
Action Requested
Request(s)
Applies To
Promotion
Expo Center
Francis, Kyle
New Hire
Information Technology
Spelce, John
New Hire
JP Pct. 2
Watson, Brennan
Resignation
Human Resources
Cantu, Jacklyn
Resignation
Juvenile Services
Dunn, Michelle
New Hire
Guzman, Daniel
Promotion
Hernandez, Aric
New Hire
Information Technology
Ratcliffe, Bryce
Transfer w /in Dept.
JP Pct. 2
McDaniel, Lucinda
Resignation
Road and Bridge
Chappell, Michael
Retirement
DeJesus, Andres
Transfer Win Dept.
S.O. -Admin
Field, Carla
Step Increase
Taplin, Frances
Promotion
Thompson, Nathasha
Resignation
S.O. — Jail
Arjon, Jesse
New Hire
Bennatt, James
Promotion
Booker, Darrell
Promotion
Holman, Megan
New Hire
Kugler- Alford, Christian
New Hire
Phelps, Jerald
Promotion
Rodriquez, Chloe
New Hire
Reyes, Daniel
New Hire
Sandle, Vincent
Promotion
Vol. � �. �'�•
1
� �L
Approved in Commissioners' Court: July 14, 2015:
County Judge's or Commissioner's Signature:
(This Copy to be attached to minutes)
2