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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. Vol. Z 2% Pg. / G Name COMMISSIONER'S COURT L. 1? 1G A -A -114 LU4tL.A�`j Dg Of 20L,-� Organization V -7-AM" S 7An��c� 3�sr, <::�o P9, 2Z / De Oi BRAZOS COUNTY COMMMSSIONTER'S COURT A(& DAY �.� � . Name PRLN'T) 0 1A on Vii; r-- V JUAI � C SLN I �`-r -f,c-LA0,VC yd-M4 a EVO -1 B£ Oi BRAZOS COUNTY CONMSSIONFER'S COURT DAY OF 20/3� • AMAW Name (PLEASE PRINT) Organization V (PLEASE PUNT) a Gomm • % Nff\m %+ Fol=-I-� 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 ______ L_ -U— Contracts Search Search Results Search Within Results '.. convergentz Roset search Filters Texas All Contract Ages Any Diversity States Contract Categories Construction Facilities I nP1 btLp://www.tepn.org/Pages/Contracts-search.aspx?k—coTivergentz 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 + (/a Z /s � ARGYLE o" 115i P11i CoMrC I 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 3 1 P a g e wwa ".argyIesecu ritv.com f Vol. 4z F_ Tyi ii Tp If x I r E t 2 t tl RI] Vol. C m ti rf N .ti E v a 0 0 0 m v c co N N N N .-1 r E v v 3 V t0 ti N c r ti ti N 1" C E v a c 0 m c C N m E v 3 a 0 T LO r O N I� w O T m N_ z c 0 3 0 V N a� w w O C O .N O 2 d t Y rn C 'O 0 s Vol. Pg./ ® 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% c `a 5 f 0 u a m 1 �w \Y u° v q E 8 a a yV q N T 0 u I m P' :.:.. P W ry O Z I'1N b � o m P m m m _q o e a F O 2 � O u XP r�P am m z �P 8 8 J Qo r Z F ro LLs €�€r�drdrdoeGG�y5s3o�,j�wg`N > seeeeo� °as�e<=8oa`' °rv08° °r 8885 ^S g'°n o Ndc a ° x '°rl x Nn �4gX'A c `a 5 f 0 u a m 1 �w \Y u° v q E 8 a a yV q N T 0 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