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HomeMy WebLinkAbout2017-12-12 10:00AM REGULAR MEETINGBRAZOS COUNTY BRYAN,TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT L J o % THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON DECEMBER 12, 2017 AT 10:00 AM IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVE., SUITE 106, BRYAN, TX 77803 Invocation and Pledge of Allegiance - U.S. and Texas Flag - Commissioner Catalena 2. Call for Citizen input and/or concerns Consider and take action on agenda items 3-25: 3. Order 17-018 accepting and confirming the sale of property by Special Commissioner. 4. Reappointment of Mark Carrabba to the City of Bryan and Brazos County Economic Foundation, Inc. Board; term of appointment is 1/1/18 - 12/31/19. 5. Appointment of Lt. Craig Anderson to replace Asst. Chief Brandy Norris for City of College Station to the Homeland Security Advisory Committee (HSAC) for the period of 12/12/2017 — 3/31/2018. 6. Acceptance of the following donations to be used by the Health & Wellness Clinic: • a. (1) Meat & Cheese Tray - Readfield Meat & Deli • b. 60 gallons of Sweet Tea - Bush's Chicken • C. (2) Fruit Trays - Chick-Fil-A Bryan • d. (2) Kids Cooking Classes Gift Certificates - Cook & Grow 7. Acceptance of donation from Target in the amount of $10,000 to purchase Target gift cards for Boys and Girls Club. 8. Payment authorization to Action Printing in amount of $24,121.59 for the cost of postage for mailing voter registration cards; a purchase order was not obtained in advance. 9. Payment Authorization to Bonscott-Merka Properties, LLC in the amount of $24,234.90 Vol. -12bl el- Pg. refunding the developer's Road Maintenance Guarantee for Messina Hof Estates. 10. Approval of the job description for Class Code 0832, Position 09 - Temporary Attendant, Building & Grounds for Expo. 11. Approval of vehicle standards for patrol type vehicles. 12. Community Emergency Operations Center Agreement between the City of Bryan, The City of College Station, Brazos County, and Texas A&M University. 13. Funding Agreement with Easter Seals Greater Houston for FY 2018. 14. Approval of contract with S.T. Lovett & Associates for the appraisal of various parcels of land for ROW acquisition, not to exceed $49,225.00. 15. Service Contract number #18-036 for Hazerdous Medical Waste Disposal to Biomedical Solutions. 16. Acceptance of Special Warranty Deed from Karla Ann Seeton and husband, Gary E. Seeton for 0.286 of one acre of land to be used for improvements to Straub Road located in Precinct 1. 17. Consider and take action on the W ickson Creek Special Utility District utility permit to construct a road bore for a 1 inch water line crossing under Grassbur Road 300 feet southwest of Shady Lane. Crossing will be encased and be a minimum of 36 inches under the bottom of the ditch. Line will provide service to customer at 7931 Grassbur Road. Site is located in Precinct 2. 18. Expenditure Journal Entries Expenditure Journal Entries FY 17/18 110144; 120001-120003; 120009-120011 19. Tax Refund Applications for the following: • a. Paul Schleider - Overpayment $38.46 • b. Fritz & Kristie Speck - Overpayment $205.77 • c. Terry & Sammye Keen - Overpayment $46.56 • d. Michael & Mary Susan Beal - Overpayment $400.00 20. Commissioners Court minutes for the following dates: • a. November 7, 2017 - Regular Meeting • b. November 7, 2017 - Workshop Session • c. November 14, 2017 - Regular Meeting • d. November 20, 2017 - Special Session • e. November 21, 2017 - Regular Meeting • f. November 28, 2017 - Regular Meeting 21. Budget Amendments. Budget Amendments FY 17/18 11.1 - 11.12 22. Personnel Change of Status. Personnel Action Forms 23. Payment of Claims. 24. Convene into Executive Session pursuant to Texas Government Code 551.074 to discuss personnel matters. Vol. 02 6q Pg.�8( 25. Consider and possible action on Executive Session. 26. Acknowledgement of the submission of the eminent domain report by the County Judge on December 1, 2017. 27. Acknowledgement of the monthly reports submitted in November 2017. 28. Sheriff's report on inmate population. 29. Announcement of interest items and possible future agenda topics. 30. Call for Citizen input and/or concerns 31. Adjourn. Vol. Pg. 2 Z 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 i and Section 18 of the Texas Constitution. As a Constitutional Court, the Brazos County Commissioners Court also possesses the power to issue a Contempt of Court Citation under Section 81.024 of the Texas Local Government Code. Accordingly, members of the public in attendance at any Regular, Special and/or Emergency meeting of the Court shall conduct themselves with proper respect and decorum in speaking to, and/or addressing the Court; in participating in public discussions before the Court; and in all actions in the presence of the Court. Those members of the public who are inappropriately 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 the following sanctions: 1. cancellation of a speaker's time; 2. removal from the Commissioners Court; 3. a Contempt Citation; and/or 4. such other and/or criminal sanctions as may be authorized under the Constitution. Statutes and Codes of the State of Texas. The County Commissioners Court can deliberate or take action only if a matter has been listed on an agenda properly posted prior to the meeting. During the public comment period, speakers may address matters not listed on the published agenda. The Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court. However, responses from the County Judge or Commissioners to unlisted public comment topics could become deliberation on a matter without notice to the public. To ensure the public has notice of all matters the Commissioners Court will consider, the County Judge and/or Commissioners may choose not to respond to public comments, except to correct factual inaccuracies, recite existing policy in response to an inquiry or to ask that a matter be listed on a future agenda. See Texas Open Meetings Act Section 551.042. INVOCATION Any invocation that may be offered before the official start of the Court meeting shall be to and for the benefit of the Court. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Court and do not necessarily represent the religious beliefs or views of the Court in part or as a whole. fib 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. pg.,299 MINUTES DECEMBER 12, 2017 BRAZOS COUNTY COMMISSIONERS COURT REGULAR MEETING A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Brazos County Commissioners Courtroom in the Administration Building, 200 South Texas Avenue, in Bryan, Brazos County, Texas, beginning at 10:00 a.m. on Tuesday, December 12, 2017 with the following members of the Court present: Duane Peters, County Judge, Presiding; Steve Aldrich, Commissioner of Precinct 1; Sammy Catalena, Commissioner of Precinct 2; Nancy Berry, Commissioner of Precinct 3; Irma Cauley, Commissioner of Precinct 4; Karen McQueen, County Clerk, Absent. The attached sheets contain the names of the citizens and officials that were in attendance. 1. Invocation and Pledge of Allegiance - U.S. and Texas Flag - Commissioner Catalena 2. Call for Citizen input and/or concerns There was no citizen's input. Consider and take action on agenda items 3-25: 3. Order 17-018 accepting and confirming the sale of property by Special Commissioner. A copy of Order 17-018 is attached. Vol. _ Pg. X89 Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 4. Reappointment of Mark Carrabba to the City of Bryan and Brazos County Economic Foundation, Inc. Board; term of appointment is 1/1/18 - 12/31/19. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy Catalena. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. Appointment of Lt. Craig Anderson to replace Asst. Chief Brandy Norris for City of College Station to the Homeland Security Advisory Committee (HSAC) for the period of 12/12/2017 — 3/31/2018. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. Acceptance of the following donations to be used by the Health & Wellness Clinic: • a. (1) Meat & Cheese Tray - Readfield Meat & Deli • b. 60 gallons of Sweet Tea - Bush's Chicken • C. (2) Fruit Trays - Chick-Fil-A Bryan • d. (2) Kids Cooking Classes Gift Certificates - Cook & Grow A copy is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. Acceptance of donation from Target in the amount of $10,000 to purchase Target gift cards for Boys and Girls Club. A copy is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. Payment authorization to Action Printing in amount of $24,121.59 for the cost of postage for mailing voter registration cards; a purchase order was not obtained in advance. This payment authorization was requested by Elections Administration. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. Payment Authorization to Bonscott-Merka Properties, LLC in the amount of $24,234.90 refunding the developer's Road e f6FMessi Messina Hof Estates. Vol. Pg. 0 This payment authorization was requested by the Road and Bridge Department. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 10. Approval of the job description for Class Code 0832, Position 09 - Temporary Attendant, Building & Grounds for Expo. A copy of the job description is attached. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 11. Approval of vehicle standards for patrol type vehicles. A copy is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 12. Community Emergency Operations Center Agreement between the City of Bryan, The City of College Station, Brazos County, and Texas A&M University. A copy of the agreement is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 13. Funding Agreement with Easter Seals Greater Houston for FY 2018. A copy of the funding agreement is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 14. Approval of contract with S.T. Lovett & Associates for the appraisal of various parcels of land for ROW acquisition, not to exceed $49,225.00. A copy of the contract is attached. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 15. Service Contract number #18-036 for Hazerdous Medical Waste Disposal to Biomedical Solutions. F -o17 _ rte_ Pg• A copy of the contract is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 16. Acceptance of Special Warranty Deed from Karla Ann Seeton and husband, Gary E. Seeton for 0.286 of one acre of land to be used for improvements to Straub Road located in Precinct 1. Motion: Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner Sammy Catalena. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 17. Consider and take action on the W ickson Creek Special Utility District utility permit to construct a road bore for a 1 inch water line crossing under Grassbur Road 300 feet southwest of Shady Lane. Crossing will be encased and be a minimum of 36 inches under the bottom of the ditch. Line will provide service to customer at 7931 Grassbur Road. Site is located in Precinct 2. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 18. Expenditure Journal Entries • Expenditure Journal Entries FY 17/18 110144; 120001-120003; 120009-120011 A copy is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 19. Tax Refund Applications for the following: • a. Paul Schleider - Overpayment $38.46 • b. Fritz & Kristie Speck- Overpayment $205.77 • c. Terry & Sammye Keen -Overpayment $46.56 • d. Michael & Mary Susan Beal -Overpayment $400.00 Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 20. Commissioners Court minutes for the following dates: • a. November 7, 2017 -Regular Meeting • b. November 7, 2017 -Workshop Session • c. November 14, 2017 - Regular MP -hung g Vol. v Pg. oZ /� • d. November 20, 2017 - Special Session • e. November 21, 2017 -Regular Meeting • f. November 28, 2017 -Regular Meeting Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 21. Budget Amendments. Budget Amendments FY 17/18 11.1 - 11.12 11.1 Reallocate funds for County Treasurer. 11.2 Transfer funds from Non -Departmental to Sheriff's Office - Jail. 11.3 Transfer funds from Non -Departmental to Information Technology. 11.4 Transfer funds from Non -Departmental to 272nd District Court and 361 st District Court. 11.5 Reallocate funds for County Attorney. 11.6 To reclassify the budget for the new bond issuance of Limited Tax Refunding Bonds, Series 2017. 11.7 To reclassify the budget for the new bond issuance of Certificates of Obligation, Series 2017. 11.8 Transfer funds from Non -Departmental to Constable, Precinct 4. 11.9 Reallocate funds for Constable, Precinct 4. 11.10 Transfer funds from Contingency to Sheriff's Office -Jail. 11.11 Transfer funds from Contingency to Tax Assessor -Collector. 11.12 Reallocated funds for Commissioners Court. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 22. Personnel Change of Status. Personnel Action Forms A copy of the Personnel Change of Status requests is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy Catalena. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 23. Payment of Claims. Claims 7162011-7162246 Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 9 Vol. _�� Pa. - �3 24. 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 26 through 30 then return to convene into Executive Session. Having considered the previously noted agenda items, at 10:20 a.m. the County Judge stated that the Court would convene into Executive Session to deliberate pursuant to Texas Government Code 551.074 as stated above. The following individuals were asked to stay for the meeting: Candy Gallego, Executive Assistant Bruce Erratt, Civil Counsel Ed Bull, Civil Counsel Jennifer Salazar, Human Resources Director Irene Jett, Budget Officer 25. Consider and possible action on Executive Session. At 10:36 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. 26. Acknowledgement of the submission of the eminent domain report by the County Judge on December 1, 2017. The Court acknowledged receipt of the submission of the eminent domain report by the County Judge on December 1, 2017. 27. Acknowledgement of the monthly reports submitted in November 2017. The Court acknowledged receipt of the Extension Service reports submitted in November 2017 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 Constable Precinct 1 Constable Precinct 2 Constable Precinct 3 Constable Precinct 4 28. Sheriff's report on inmate population. Sheriff Chris Kirk stated there were 583 inmates in jail, 500 inmates are male and 83 are female, 48 have electronic monitors and 22 are pending for monitors. 29. Announcement of interest items and possible future agenda topics. Commissioner Berry reminded everyone that tomorrow is the Employee Health and Wellness Clinic Open House. She encouraged everyone to stop by the clinic. Commissioner Cauley announced that there will be a Senior Citizens Town Hall Event on February 14, 2018 from 10:00 a.m. to 2:00 p.m. at the Brazos Center. Judge Peters introduced Alan Bristol who is the County Relations Officer for the Texas Association of Counties. 30. Call for Citizen input and/or concerns There was no citizen's input. 31. Adjourn. Pg.f The foregoing minutes of the Commissioners Court meeting held December 12, 2017 have been examined and are approved in open Court this c23' day of January 2018, in Bryan, Brazos County, Texas. Duane Peters County Judge ^r SdiYfmy Cata9 na Commissioner, Precinct 2 Irma Cauley Commissioner, Precinct 4 Attest: /6 Karen McQueen County Clerk Steve Aldrich Commissioner, Precinct 1 ��: f Commissioner, Precinct 3 VOL 12 pg, Pg—Lof2, BRAZOS COUNTY COMMISSIONER'S COURT 12+ -DAY OF , /P.*00 PM, Name (PLEASE PRINT)) rt CL fLj ar (--.,kJks 1< ►J \- 20 17 Organization (PLEASE PRINT) 3cOFt �c-oe-- Tit C Ee 1 r j�j r,n W Cc.L 13 LT T' L- Pg_%of .Z BRAZOSCOUNTY COMMISSIONER'S COURT !1'�' DAY OF d -vv Name (PLEASE PRINT) ,MWah 1V1�so� �Saa c 1� K�/Pr 20/-7 LM, Organization (PLEASE PRINT) rLA2 4-5=�5 7 C) COMMISSIONER COURT MINUTES OF DECEMBER 12, 2017 ARE CONTINUED IN VOLUME 265 PAGE 1 COMMISSIONER COURT MINUTES OF DECEMBER 12, 2017 ARE CONTINUED FROM VOLUME 264 Vol. a?6-, Pg. ORDER 17-018 Accepting and Confirming the Sale of Property By Special Commissioner WHEREAS, on November 7, 2017, the Commissioners Court unanimously appointed, Bruce L. Erratt as Special Commissioner to sell the property described in the Report of Sale filed this day with the Court; WHEREAS, the Special Commissioner has sold the property to the highest bidder at the date and time of the sale; WHEREAS, the bidder was qualified to bid and did bid an amount equal to the minimum bid; and WHEREAS, the bidder has made payment in full as evidenced in the Report: THEREFORE, the Commissioners Court of Brazos County, Texas does hereby ORDER and RESOLVE that: 1. The Report of Sale filed by the Special Commissioner is ACCEPTED, approved and adopted by the Court. 2. The sale of the Property to Kenny W. Melesky, Jr. is CONFIRMED. APPROVED IN OPEN CO the 12`h2017. Duane Peters, Brazos Counmyllew Commissioner Steve Aldrich mmissio r Sammy Catalen a Precinct 1 2 Commissioner Nancy Berry COMA loner Precinct 3 Precinct 4 ( County Clerk FVol. �Pg aC REPORT OF SALE On November 7, 2017, in open session, the Commissioners of Brazos County, Texas, appointed Bruce L. Erratt as Special Commissioner to sell the property described in the Attached Exhibit "A" (hereinafter "Property"). The Property was appraised and the minimum purchase price was established at THIRTY-SEVEN THOUSAND TWO HUNDRED TWENTY-FIVE AND 56/100THS DOLLARS ($37,225.56). A copy of the Appraisal is attached hereto as Exhibit "B". The Property was advertised for sale as required by statute in the Bryan -College Station Eagle as per Exhibit "C". The Sale was set for 2:00 p.m. on December 5, 2017, in the area officially designated by the Commissioners for foreclosure and tax sales. One bidder appeared and qualified with the required documentation, Kenny W. Melesky, Jr. The Special Commissioner announced the sale and accepted bids. The single bidder made a bid at the minimum amount. There were no other bidders. After the bid was accepted the bidder made payment to the Brazos County Treasurer's Office. A copy of the certified check and the receipt are attached hereto as Exhibit "D" The Property was conveyed to Kenny W. Melesky, Jr., by Special Warranty Deed signed by the Special Commissioner on behalf of Brazos County, Texas. A copy of the Deed is attached hereto as Exhibit "E". Signed the 5t day of December, 2017 Bruce L. Erratt, Special Commissioner Brazos County, Texas Vol. pg. M METES AND BOUNDS DESCRIPTION OFA 1.823 ACRE TRACT ELLIOT M: MILLICAN SURVEY, A-40 MILLICAN,13RAZOS COUNTY, TEXAS METES AND BOUNDS DESCRIPTION OF ALL T14AT CERTAIN TRACT OF LAND LYING AND BEING SITUATED IN THE ELLIOT M. MILLICAN SURVEY,ABSTRACT NO. 40, MILLICAN, BRAZOS COUNTY, TEXAS. SAID TRACT A PORTION OF LOTS `E' AND 'G', BLOCK '.11', A PORTION OF THE AVOINING 40' WIDE ALLEY, AND THE ADJOINING PORTION OF BUCHANAN STREET AS SHOWN ON THE PLAT OF T14E TOWN. OF MILLICAN RECORDED IN VOLUME 'P', PAGE 484 OF TIIE DEED RECORDS OF BRAZOS. COUNTY, TEXAS. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT A '/ INCH IRON ROD WITH PLASTIC CAP MARKED 'SMKLING RPLS 2003,' FOUND (N:10156956.09, E:3595557.61) ON TIM NORTHWEST LINE OF FM 159 (80' WIDE R.O.W.) AND THE WEST LINE OF A THE REMAINDER OF A CALLED 7 ACRE TRACT OF LAND.AS DESCRIBED AS THIRD TRACT BY A DEED TO VERNON MCCULLOCH RECORDED IN VOLUME 200, PAGE 592 OF TIE DEED RECORDS OF BRAZOS COUNTY, TEXAS. SAID IRON ROD .FOUND MARKING THE SOUTHEAST CORNER OF A CALLED 10.10 ACRE TRACT OF LAND AS DESCRIBED BY A DEED TO JOHN COLVIN AND ASHLEY COLVIN RECORDED IN VOLUME: 10734, PAGE 101 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS. COORDINATES AND BEARING SYSTEM SHOWN HEREIN ARE NAD83 (TEXAS STATE PLANE CENTRAL ZONE) BASED ON THE OPUS REPORT OBTAINED 04-18.2016 AND AS ESTABLISHED BY GPS OBSERVATION; THENCE: N 86'38'52" E ALONG THENORTHWEST.LINE OF FM 159 FORA DISTANCE OF 128.02 FEET TO A % INCHIRON ROD WITH PLASTIC CAP MARKED `KERB 4502' SET ON THE NORTHWEST LINE OF THE TOWN OF MILLICAN MARKING THE POINT OF BEGINNING OF THIS HEREIN DESCRIBED TRACT; THENCE: N 160 10'28" E ALONG THE NORTHWEST LINE OF THE TOWN OF NULLICANFOR A DISTANCE OF 237.34 FEET TO A 'L INCH IRON ROD WITH PLASTIC CAP MARKED 'KERR 4502' SET AT THE INTERSECTION OF THE CENTERLINE OF BUCHANAN STREET (A 60"WIDE UNDEVELOPED R.O.W.) WITH THE NORTHWEST LINE OF THE TOWN OF MILLICAN; THENCE: S 730 49'32" EALONG THE CENTERLINE.OF BUCHANAN STREET FOR .A'DISTANCE OF 669.24 FEET TO A Y= INCH IRON ROD WITH PLASTIC CAP MARKED `KERR 4502' SET ON THE NORTHWEST _ LINE OF FM 159; THENCE: S 860 38'521W ALONG THE NORTHWEST LINE OF FM 159, AT 89.16 FEET PASS A V2 INCH IRON ROD FOUND, CONTINUE ON FOR A TOTAL DISTANCE OF 710.08 FEET TO THEPOINT OF BEGINNING CONTAINING 1.823 ACRES OF LAND, AS SURVEYED ON THE GROUND MAY, 2017. SEE PLAT PREPARED JUNE, 20.17, FOR MORE DESCRIPTIVE INFORMATION. DISTANCES SHOWN 'HEREIN ARE GRID DISTANCES. TO .DETERMINE, SURFACE DISTANCES MUI,TiPLY BY A COMBINED SCALE FACTOR OF 1:0000841870868 (BASED ON THE COMBINED SCALE FACTOR IN THE OPUS REPORT OBTAINED 04-18- 2016). BRAD KERR REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4502 \UOB S\ P 7-391\17-39 I. do c x SCALE: 1" = 40' mm vua iW/roF 5� mm6�\ X pcyli E IiM1OY pt+'FCvr�Anrt:uT ` % umX L2i AiREiPFCi I `'i �\.` _` m' M 1� Gg6gAl6 .WO HYWXO SSICII fNOM IrtRfN /F xMe] (j{LS SIAE RWE 9RKliA'S GATGIL l Bob flMX. N.li Xp ASOL W 10®Y CAiiY 1NAi ro ME BEET 6 YY aMID4 3MWL EaiE WP NWd)V.49W Tc MZ gwi6A WKAVPmIRTM GFA41E�T140�mnd N91IMY YACi P1 NEM1Yi ®LMId uF-IFSPL µG A9 6GBIIu® BY 65 Cn4AVANX, N ryaR pIIpi As 9gni YpNI Tas AMbiPK6 XXGi YC X1W1 �w'96wARP O1 IRDI¢ PSiN1Q5 AOYM MflRM Y6 4C W 1fIR fly PHN bOTOiK i0 ME I1PY uAVi V1X6 X6 AB]XIiG WEL USCG PAh' 0-16-MIi o WI! IC1E d2fµCE VMEE oTm1iY3C NOT3 R frtrYM 9miA6 CZiµ9 W1Mi Bf w @9MD K4r fK1Ot Or 1.YnYaY%Y! (6w5ID 011NE O'9XF➢ SCAIE FA[IW q th�ZP1� � NR0 RAF IIX6 TF AWK MIMvh96V5 WPtlIR LWRO PN 9£ utns .Xo mPus E1®.vu a✓NC ""�' i. rGP YwE oFx vmE iwumAwr. Gw© YgyuM F0.w]µ0 iyWrlE .nmCMW6Lx: ro 6nXeuw rxwmn uxn F� miQim�w�wxv� art i�eX umolrs u�o mNrn vAnEro uAr .wEr. LAND BOUNDARY SUR' OF A 1.823 ACRE TRF SWOT M. MILUCAN SUP MIWCAN, BRAZOS COUI Ks S=. 1 INDATECH - b I ¢5-v PUT DATE: 06-13- C JCB RUMMER i]-3 CM NAME: 17-39 CRS RE: MED W. -LAIR (SUW PPEPARED W. NEPA SURJi L!xh1CJI1 11611 HOLTKAMP REALTY CONSULTANTS AN APPRAISAL OF A 1.823 Acre Tract of Land Located along F.M. Highway 159 in Brazos County, Texas PREPARED FOR: Brazos County — Purchasing Dept. Attn: Ms. Mandy Rutledge 200 S. Texas Avenue; Suite 352 Bryan, Texas 77803 EFFECTIVE DATE OF VALUE: October 30, 2017 DATE OF INSPECTION: October 30, 2017 DATE OF REPORT: November 1, 2017 PREPARED BY: Don A. Holtkamp, MAI SCGREA TX 1321093-G James G. Watson III, MAI SCGREA TX 1380356-G Vol. HOLTKAMP REALTY CONSULTANTS Brazos County — Purchasing Dept. Ms. Mandy Rutledge 200 S. Texas Avenue; Suite 352 Bryan, Texas 77803 P.O. Box 4792 Bryan, Texas 77802 Ph 979-776-0570 Fx 979-774-0315 Don@holtkampeonsulting.com November 1, 2017 SUBJECT: Appraisal of a 1.823 acre tract of land located along the north line of FM 159 south of FM 2154 in the rural community of Millican in southern Brazos County, Texas. Dear Ms. Rutledge: In accordance with your request and authorization, we have appraised the above described property for the purpose of estimating market value. In addition to examining the subject property, we have investigated other matters which appeared pertinent to and indicative of the value of the subject property. Such matters concern location, trends, market data, highest and best use, development costs, return on investments and other elements of value. An appraisal report setting forth the findings and conclusions derived therefrom, together with maps, plats and photographs as are considered essential and pertinent to explain the processes followed in making the appraisal and conclusions expressed therein, is enclosed. Our estimate of the "as is" market value of the subject property's fee simple "surface only" estate, as of October 30, 2017, subject to the assumptions and limiting conditions contained in the report, is: $35,000 (THIRTY-FIVE THOUSAND DOLLARS) The previous market value estimate is based upon a 12 month exposure period. This is our estimate of marketing given the amount of recent land sales in the subject's market area. This appraisal report which is intended to comply with the reporting requirements set forth under the Uniform Standards of Professional Appraisal Practice. The report presents discussions of the data, reasoning, and analyses that were used in the appraisal process to develop the appraiser's opinion of value. Supporting documentation concerning the data, reasoning, and analyses is retained in the appraiser's file. The depth of discussion contained in this report is specific to the needs of the client and for the intended use stated below. The appraiser is not responsible for unautho,�nz nsP of rh;csPp�i}� Vol. Pg. Ms. Rutledge November 1, 2017 Page 2 The appraisers have studied the guidelines provided by USPAP. USPAP is defined as Uniform Standards of Professional Appraisal Practice and was adopted in 1990 by the Appraisal Standards Board of the Appraisal Foundation as part of FIRREA. USPAP was developed for appraisers and the users of appraisal services to maintain the highest level of professional practice. This appraisal and the values concluded herein have been prepared in compliance with these said guidelines. In addition, this appraisal has been made in accordance with the Code of Professional Ethics and Standards of Professional Appraisal Practice of the Appraisal Institute. This is to certify that the undersigned appraisers, including employees and associates, have no present or prospective interest in the property appraised and compensation is not contingent upon the valuation. The appraisers have not appraised the subject property in the three years prior to this report. Acceptance of and/or use of this report constitutes acceptance of all the assumptions and limiting conditions contained in this report. Respectfully Submitted, Don Holtkamp / ry SCGREA;' TX -1321093-G Expires 06/30!19 e J'Qfa s. G. Watson III GSe- GUA= TX- 1390356-G Expires 09/30/1S Vol. 02 pg. 9 TABLE OF CONTENTS TABLE OF CONTENTS ASSUMPTIONS AND CONTINGENT CONDITIONS................................................................I SUMMARY OF IMPORTANT FACTS AND CONCLUSIONS..................................................3 SCOPEOF THE APPRAISAL.......................................................................................................4 AUTHORIZATION.........................................................................................................................5 PURPOSE OF THE APPRAISAL..................................................................................................5 INTENDED USE OF THE APPRAISAL.......................................................................................5 DATE...............................................................................................................................................5 PROPERTY RIGHTS APPRAISED...............................................................................................5 LEGALDESCRIPTION.................................................................................................................5 DEFINITIONS AND ABBREVIATIONS......................................................................................6 AREA/NEIGHBORHOOD ANALYSIS.........................................................................................8 THE SUBJECT PROPERTY........................................................................................................17 PHOTOGRAPHS OF THE SUBJECT PROPERTY....................................................................23 HISTORY OF THE SUBJECT PROPERTY................................................................................27 HIGHEST AND BEST USE.........................................................................................................28 THE VALUATION PROCESS.....................................................................................................30 VALUATION SECTION..............................................................................................................31 SALES COMPARISON APPROACH..........................................................................................32 CORRELATION OF MARKET VALUE ESTIMATE................................................................41 CERTIFICATE OF APPRAISAL.................................................................................................42 ADDENDA Vol. Pg. 9 ASSILWPTIONS AND LIMITING CONDITIONS ASSUMPTIONS AND LIMITING CONDITIONS It is assumed that title to the property or properties herein appraised is good and merchantable, and in fee simple, unless otherwise specified. Where property rights other than fee title are the subject of the appraisal, the property rights appraised will be specifically outlined in the letter of transmittal. The appraiser assumes no responsibility for matters of legal character. The value is reported without regard to questions of title, boundaries, encumbrances or encroachments. The valuation is reported in dollars of currency prevailing as of the date of appraisal. The allocation of value between land and building is applicable only under the current program of utilization, and is invalid if used in making a summation appraisal in conjunction with the figures prepared by other persons. All information, comments and conclusions appertaining to the subject and other properties represent the personal opinion of the appraiser formed after examination of the property or properties. While it is believed that the information, estimates, analyses and conclusions drawn therefrom are correct, the appraiser does not guarantee them and assumes no liability for errors in facts, analysis or judgment. All information contained in this report, if confidential, is submitted solely for the use of the addressee of the letter of transmittal. The appraiser will not be required to give testimony or attendance in court or before any other legal authority by reason of this appraisal without prior agreement and arrangement between the employer and the appraiser. Possession of this report, or a copy thereof, does not carry with it the right of publication or use. Neither all nor any part of the contents of this report shall be conveyed to the public through advertising, public relations, news, sales or other media without consent and approval of the author, particularly as to valuation conclusions. Unless referencing an update letter or addendum report, this appraisal and its separate sections are meant to be used as a whole, not individually or in conjunction with another appraisal report. If the individual considerations in this report are separated from the whole report, the final value estimate is considered invalid. Unless otherwise stated in this report, the existence of hazardous substances or other adverse environmental conditions were not brought to the attention of the appraiser. This includes, without limitation, any tests being performed to identify such substances or environmental hazards after the inspection of the subject property. The appraiser has no knowledge of the existence of such materials on or in the property unless otherwise stated. The appraiser is not qualified to test for such materials, substances or conditions. The presence of such may affect the value of the property. The value estimate in this report is based on the assumption that no such condition exists, unless otherwise stated. No responsibility is assumed for any such conditions, nor for any expertise or engineering knowledge required to discover these conditions. Vol. <P J Pg. /L—HIKAMP 17-134 I REALTY CONSULTANTS AssumpnoNs AND LIMITING CONDITIONS Special assumptions have been made in some of the sections of the report for the purpose of determining an estimate of value. These assumptions are necessary in regard to such items as hidden construction details, the amount or amounts of insurance coverage, maintenance expenditures, etc. These assumptions are based upon the best knowledge and judgment of the appraiser, and are believed to be typical of the actions of buyers, sellers and investors in the market. It is assumed the parties are compatible, and court partition of the interests, if any, will not be required. It is assumed that the information furnished to us by the client, is correct. This information includes, but is not restricted to, size estimates, plats, building plans and specs, prices paid, and verbal statements regarding the subject property. We have not been provided with a soil or subsoil study and assume that no adverse soil or subsoil conditions exist that would affect the long term investment potential of the property. As real estate appraisers, we are not qualified to test for any substances or conditions of the soil, but we assume that the proper environmental tests have been performed. If contamination is found on the subject, any adverse condition present on the subject could affect the specified value estimate/s in this report. At this time, we will assume that no adverse conditions exist and appraise the subject as such. EXTRA ORDINARYASSUMPTIONS • There are no extraordinary assumptions for this appraisal. HYPOTHETICAL CONDITIONS There are no hypothetical conditions for this appraisal. Vol. g 6,5 -- pg. // 17-134 -f TKAMP REALTY CONSULTANTS SUMMARY OF IMPORTANT FACTS AND CONCLUSIONS SUMMARY OF IMPORTANT FACTS AND CONCLUSIONS Property Type: Vacant land Location: North line of FM 159 south of FM 2154 in the rural community of Millican in southern Brazos County, Texas. Legal Description: 1.823 acres out of the Elliott M. Millican Survey, A-40, Millican, Brazos County, Texas. Land Area: 1.823 Acres or 79,410 SF Zoning: None Highest and Best Use: Investment holding/Residential Effective Date: October 30, 2017 Market Value Estimate: $35,000 Vol. U/ � Pg._/ 17-134 - 3 HOJTKAMP REALTY CONSULTANTS SCOPE OF THE APPRAISAL SCOPE OF THE APPRAISAL The scope of the appraisal relates to the nature of the appraisal assignment and the extent of the process of collecting, confirming and reporting the data which provide the basis for the valuation estimate. The scope is actually a summary of the appraiser's findings regarding the availability, quality, and quantity of applicable comparable data. The scope of the subject appraisal assignment is summarized below. I. Sales Comparison Approach Tire subject of this appraisal is 1.823 acre tract of vacant land. This approach includes comparable sales of land sold in the subject's market area. The comparable sales were adjusted in comparison to the subject property to provide an "as -is" estimate of market value. Market research for this appraisal included the area market of Bryan/College Station and the peripheral area. The scope of the appraisal relative to an estimate of current market value is limited to the Sales Comparison Approach, utilizing a direct sales comparison method. II. Competency Provision The nature of the appraisal assigmnent relating to the subject property is somewhat simple. The appraisers are knowledgeable of the property type, as well as all applicable appraisal methodology that may be required to determine the subject's estimated market value. The experience level of the undersigned is sound, with some of that background being in the valuation of vacant land. Therefore, in regard to the "Competency Provision" of USPAP, it is assured that the appraisers have the knowledge and experience to complete the assignment competently. In addition, due to the complexity of the appraisal assignment, this appraisal has been written and presented in narrative format and has been prepared to satisfy all requirements of 12 CFR Part 34, as well as those reporting standards of USPAP. Ef—E::�__HILTKAMP 17-134REALTY CONSULTANTS AUTHORIZATION AUTHORIZATION Authorization for this appraisal was given by Ms. Mandy Rutledge representing the Brazos County — Purchasing Department. PURPOSE OF THE APPRAISAL The purpose of this report is to estimate the market value, "as is", for the subject property. INTENDED USE OF THE APPRAISAL The intended use of the appraisal, to our understanding, is to establish market value for property management and marketing decisions of the client. INTENDED USER The intended user is the Brazos County — Purchasing Department. The appraiser assumes no liability to anyone other than the intended user. DATE The effective date of the appraisal is October 30, 2017. The date of inspection is October 30, 2017. PROPERTY RIGHTS APPRAISED For purposes of this appraisal, we are assuming ownership of the property is in fee simple title. This appraisal is based on surface estate only exclusive of minerals. LEGAL DESCRIPTION 1.823 acres out of the Elliott M. Millican Survey, A-40, Millican, Brazos County, Texas. IV01. �`'-- Pg.J� 17-I34 5——HOI Ttc asap REALTY CONSULTANTS DEFINITIONS AND ABBREVIATIONS DEFINITIONS AND ABBREVIATIONS MARKET VALUE The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller, each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: (a) buyer and seller are typically motivated; (b) both parties are well informed or well advised and are acting in what they consider their own best interests; (c) a reasonable time is allowed for exposure in the open market; (d) payment is made in terms of cash in U.S. dollars or in terns of financial arrangements comparable thereto; and (e) the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale. HIGHEST AND BEST USE That reasonable and probable use that will support the highest present value, as defined, as of the effective date of the appraisal. Alternatively, that use, from among reasonably probable and legal alternative uses, found to be physically possible, appropriately supported, financially feasible, and which results in highest land value. The definition immediately above applies specifically to the highest and best use of land. It must be recognized that in cases where a site has existing improvements on it, the highest and best use may very well be determined to be different from the existing use. The existing use will continue, however, unless and until land value in its highest and best use exceeds the total value of the property in its existing use. Vol. J Pg. /Jr 17-134 6- HO T P REALTY CONSULTANTS DEFINITIONS AND ABBREVIATIONS THE COST APPROACH That approach in appraisal analysis which is based on the proposition that the informed purchaser would pay no more than the cost of producing a substitute property with the same utility as the subject property. It is particularly applicable when the property being appraised involves relatively new improvements which represent the highest and best use of the land or when relatively unique or specialized improvements which represent the highest and best use of the land are located on the site and for which there exist no comparable properties on the market. SALES COMPARISON APPROACH That approach in appraisal analysis which is based on the proposition that an informed purchaser would pay no more for a property than the cost to him of acquiring an existing property with the same utility. Traditionally, an appraisal procedure in which the market value estimate is predicated upon prices paid in actual market transactions and current listings. INCOME CAPITALIZATION APPROACH That procedure in appraisal analysis which converts anticipated benefits (dollar income or amenities) to be derived from the ownership of property into a value estimate. Anticipated future income and/or reversions are discounted to a present worth figure through the capitalization process. K.". 1.314 /ytulr%'K SF = Square Foot /Year = Per Year /SF = Per Square Foot GI = Gross Income FF = Front Foot NI = Net Income /FF = Per Front Foot GRM = Gross Rent Multiplier LF = Linear Foot EGIM = Effective Gross Income Multiplier /LF = Per Linear Foot ROW = Right -of -Way /Ac. = Per Acre RR = Railroad VOL ��� Pg. 17-134 ^— 7 H LTKAMP REALTY CONSULTANTS AREA/NEIGHBORHOOD ANALYSIS REGIONAL/LOCAL MARKET ANALYSIS The real estate market is affected by various supply and demand factors. For example, growth trends in population and number of households affect the general demand for housing, office space, retail space, warehouses, etc. Further, employment opportunities and unemployment levels influence the ability or desire to buy or rent and the quality/cost of the facilities sought. Demographics influence the types of units demanded and general economic conditions affect the attitudes of the populace towards the future. The subject property is located in southern Brazos County south of the city of College Station in the community of Millican, Brazos County, Texas. As such, it is included in the College Station/Bryan Metropolitan Statistical Area (MSA). However, the College Station/Bryan MSA is comprised of Brazos, Burleson and Robertson counties. Brazos County is located in Southeast Texas approximately 100 miles northwest of the Houston Metropolitan Area. The subject property is situated in what is called the "Twin Cities" of Bryan and College Station, Texas. Brazos County contains a mixture of agricultural and commercial industries with Bryan/College Station being its largest population center. Texas A&M University has long been the dominant influence on the local economy. Texas A&M University is one of the largest undergraduate universities in the nation and is also home to the George Bush Presidential Library, which is a major draw for the area. Bryan is also the home of a large campus for Blinn College. The student enrollment at Texas A&M University in College Station was 60,438 for Fall 2016 (an increase of 2,504 students or 4.3% over Fall 2015) and for Fall 2016 there were 12,338 students (a decrease of 347 students or 2.7% less than Fall 2015) at Blinn College. Texas A&M is home to one of three federally funded centers designed to prepare the nation for a biological attack or pandemic is expected to have a significant effect on the area economy. The Center for Innovation in Advanced Development and Manufacturing is in final stages of completion and the construction is being funded with a $285.6 million dollar contract from the U.S. Department of Health and Human Services and is expected to create 1,000 jobs in the next five and a half years. It is located near State Highway 47 in the western part of Bryan and College Station's shared border. It is expected to be operational in 2016. It is expected to i vol. G 5 Pg /7 17-134 8 HOL MP REALTY CONSULTANTS AmAANEIGHBORHOOD ANALYSIS generate significant spin off development which will impact all real estate submarkets to some degree. The following chart shows the population of the cities of Bryan and College Station, Brazos County and the entire College Station/Bryan MSA from 2000 to 2010. As can be seen, the largest growth the region has occurred in the City of College Station. The growth rate for the College Station -Bryan MSA is the lowest as it includes the rural counties of Burleson and Robertson which have witnessed slower growth. 65,660 76,201 16.05% 67,890 93,857 38.25% 152,415 194,851 27.84% 184,885 228,660 23.68% Source: US Bureau of Census and Real Estate Center at Texas A&M University The cities are located at the intersection of several major traffic carriers. Foremost among these is State Highway 6. State Highway 6 enters from the south-southeast and branches into Business State Highway 6, which is Texas Avenue and the East Bypass, now known as Earl Rudder Freeway. Texas Avenue is one of the most highly developed thoroughfares in the area as it provides direct access to Texas A&M University and other commercial and residential developments. Earl Rudder Freeway allows high speed traffic to bypass Bryan/College Station, but considerable retail/commercial development has developed along its access roads in the past t 10 years. Other major traffic carriers for the area are State Highway 21, Farm -to -Market Road 60/University Drive, Raymond Stotzer Parkway, Villa Maria/Farm-to-Market Road 1179, Wellborn Road/Farm-to-Market Road 2154, State Highway 30/Faun-to-Market Road 158/William J. Bryan Parkway, Harvey Mitchell Parkway, and others. Farm -to -Market Road 2818 circles around the western side of the city of Bryan and College Station. The area is also served by Easterwood Airport, which offers multiple brand commuter aviation service as well as rail service via Union Pacific Railroad. Vol. _ _ P'.__a 17-134 9 HO TKAMP REALTY CONSULTANTS AREAINEICHBORHOOD ANALYSIS In terms of the real estate industry, in general the area has experienced healthy growth and expansion for the last decade. The following is a sub -market by sub -market analysis of the area Retail Market The local retail market continues to expand, though the pace has slowed due to the weakness in the national economy. A number of prominent intersections have been developed with both free standing and multi -tenant properties. Redevelopment of prominent sites, mainly along Texas Avenue, is still occurring. A significant amount of recent growth has occurred in the Tower Point development in south College Station. The Caprock Crossing development in the southern part of College Station is also receiving new development. Further, a Wal-Mart Supercenter and surrounding retail center has recently been completed in the western part of the city of Bryan at the northwest corner of Farm -to -Market Road 2818 and Villa Maria Road. Rent levels are at or near all-time highs, while occupancy levels remain relatively strong. Growth is expected to continue into the foreseeable future. Office Market The local office market has witnessed limited, moderate expansion over the past 5 years. Occupancies remain mostly favorable and rent levels have risen, but may not be high enough to justify new construction. Much of the expansion in this time frame has been in medical related properties. The construction of the 5 story, 75,000 SF, 143 - bed Scott and White Hospital which was completed in August 2013 at State Highway 6 and Rock Prairie is the most significant development of recent note. However, the soon to be completed Center for Innovation in Advanced Development and Manufacturing should also have a positive impact on the overall market. Industrial Market There has been limited growth in this market and it remains somewhat decentralized. However, some smaller owner occupied and build to suit properties continue to be built. Rent levels have risen significantly, but growth continues to be moderate. Due to the Center for Innovation in Advanced Development and Manufacturing being completed in the area, some increase in research and development type space is expected. Apartment/Multifamily This market has witnessed considerable expansion over the past decade. Most of the growth has been in the College Station area due to the proximity to Texas A&M University though some expansion has also occurred in Bryan. The Northgate area across from Texas A&M University has received a large amount of new 17-134 VOL 10 pg HOLT P REALTY CONSULTANTS AREAINEIGHBORHOOD ANALYSIS product in the recent past with a significant number of units to be delivered in the near future. According to information provided by the ALN Apartment Data, Inc. as obtained from the Real Estate Center at Texas A&M University, the occupancy rate for the city of College Station was 96.0% as of February 2016, which is up from 94.6% as of June 2015. Additional information obtained from the Real Estate Center at Texas A&M University, referenced as being from Apartment Market Data Research, indicates that as of September 2015 the College Station -Bryan area had an occupancy of 97.7% (which is up slightly from of 97.5% as of October 2014) and average market rents of $0.948 per square foot (which is up from an average rent of $0.859 per square foot in October 2015). Much of the recent or planned development is in bed leased student -oriented communities; particularly in the Northgate area of College Station adjacent to Texas A&M University. Residential This market has seen the most expansion over the past decade. Many new subdivisions have been developed in Bryan and College Station, as well as the rural areas of Brazos County. Home prices, home sales, and building permits have all seen recent highs. The areas that have witnessed the most growth include south College Station, the area east of Earl Rudder Freeway, and rural areas of Brazos County. Additional residential development is planned in the area to the south of College Station in the vicinity of the former Texas World Speedway. Gross sales for all industries in Brazos County as well as the cities of College Station and Bryan are outlined in the following table. As can be seen, growth in sales has generally been positive. However, sales were negatively impacted during 2009 due to the nationwide economic recession. Gross sales increased since 2009 through 2014. The downturn in the petroleum industry in late 2014 appears to have impacted gross sales in 2015. Vol. o� G Pg..d 17-134 ,AMP RALTY CONSULTANTS AREAINEIGHBOR HOOD ANALYSIS The following table summarizes the historical unemployment trends for the cities of Bryan and College Station, Brazos County and College Station/Bryan MSA as compared to that of the state of Texas and the United States. As can be seen, unemployment in Bryan and Brazos County has decreased over the past year. Additionally, unemployment in Bryan, College Station, Brazos County and the MSA are well below that of the state, which, in turn, is well below the level of the United States. Employment Information - Not Seasonally Adjusted ..................... ..........................................ideptltate........ Gross Sales - All Industries Kiri lii'eil al ' Inti' City of Bryan City of College Station College Station/Bran MSA Year 40,872 % Change from 42,212 % Change from 3.4% % Change from 53,823 Amount Prior Year Amount prior Year Amount Prior Year 2002 $1,768,429,903 N/A $1,381,037,844 N/A $3,810,001,265 N/A 2003 $1,726,422,843 -2.4% $1,479,870,892 7.2% $3,889,098,659 2.1% 2004 $1,818,566,153 5.3% $1,588,469,656 7.3% $4,145,131,436 6.60/. 2005 $2,045,512,034 12.5% $1,689,609,054 6.4% $4,502,759,883 8.6% 2006 $2,269,910,964 11.0% $1,765,533,087 4.5% $5,072,996,498 12.7% 2007 $2,384,342,707 5.0% $1,984,415,024 12.4% $5,677,033,085 11.9% 2008 $2,542,475,045 6.6% $2,126,312,535 7.2% $6,120,966,531 7.8% 2009 $2,287,968,231 -10.0% $2,057,564,712 -3.2% $5,600,128,182 -8.5% 2010 $2,513,611,981 9.9% $2,056,963,046 0.0% $5,878,190,725 5.0% 2011 $2,801,099,688 11.4% $2,216,261935 7.7% $6,389,528,745 8.7% 2012 $3,032,880,122 8.3% $2,357,090,045 6.40% $6,989,441,611 9.4% 2013 $3,169,347,769 4.5% $2,533,929,190 7.5% $7,469,484,148 6.9% 2014 $3,506,795,981 10.6% $2,713,134,844 7.1% $8,294,472,821 11.0% 2015 $3,163,019,861 -9.8% $2,812,394,767 3.7% $7,901,894,638 4.7% 2016' $3,088,937,812 -2.3% $2,518,051,468 -10.5% $7,326,957,602 -7.3% Compound Annual Gronth Bates 2002 to 2015 4.6% 5.6% 5.8% 2010 to 2015 _..........--�____.___.._________o 4.7% 6.5% __.__._.__..__.._._�___.._._.._______�____.__ 6.1% 2002 to 2016 (Annualized) 4.1 % 4.4% 4.8% 2011 to 2016 Annualized 2.0% 2.6% 2.8% *Two(2) quarter annualized Source: Texas Comptroller of Public Accounts The following table summarizes the historical unemployment trends for the cities of Bryan and College Station, Brazos County and College Station/Bryan MSA as compared to that of the state of Texas and the United States. As can be seen, unemployment in Bryan and Brazos County has decreased over the past year. Additionally, unemployment in Bryan, College Station, Brazos County and the MSA are well below that of the state, which, in turn, is well below the level of the United States. Employment Information - Not Seasonally Adjusted ..................... ..........................................ideptltate........ Kiri lii'eil al ' Inti' :'.(f.... : :b. 15E` City of Bryan 40,872 1,340 42,212 3.2% 3.4% City of College Station 53,823 1,766 55,589 3.2% 3.1% Brazos County 107,960 3,597 111,557 3.2% 3.3% College Station/Bryan MSA 122,774 4,289 127,063 3.4% 3.4% Texas 12,749,778 584,778 13,334,556 4.4% 4.4% United States 4.7% 4.8% Source: Texas Workforce Commission, Texas LMI Tracer Additional information pertaining to the College Station/Bryan MSA, including employment by sector as of October 2016 is presented as obtained from the Texas Workforce Commission on the following page. As can be seen, a total of 3,500 non-farm jobs were added in the region over the past year; with 1,100 adding during the previous month (primarily in the government sector). 17-134 Vol. _9L&� . .- Pg,.�j2JZ HO KAMP REALTY CONSULTANTS A REAMEIGHIIORFI00D AvALYsis Vol. pg' 17-134 i .--41 AMP REALTY CONSULTANTS Industry Composition Wages by Industry (in millions) 77 m 2M QMrar 2016 j3i.E 3'.11 i'„ Y+.l+rfattrtt�i � +i ' - ,J 11!4 BIraL. Trnnacr++lYr� w -G IRRGm 134].2 '+,2 : P � 61rie'matlw �,'. �� Lri fdFlrwrJd 4tlMta uY-�.�.. + 3ti NP[mn4rW ad dulrrealien4aa S.J.G ' ;�""x[" �y. UEdaertw aai:ialirSaJwr � Se3.3 y.. f ➢ i I 2`. 8lldawa and Mw[hdpl t � , 3h t pE[[Ar Santa av9.0 591.E v3A Sb% p4sr mna SEQa t >SSi.B CIRM TC_tAmhrra 11 £,c40 11c5CC H3,?iq 1,16: 123# 3514 3.1# _ tcf ]• f3 3?,1a6 ?lit :nec,:mn:mda'sr�<co UtSt; fE,E Cc 1;.ta 1£,£J,+ .3Jg -1.?# ..-v L2# - 4:tr2='3 9i 12X1 123X L-:nrCs'in 1,l,2 t, rc 1, 3LG 0 C-# 120 17# - K-99 431 13,3?E 1171 EinancW .4tMLC ],KO 3,53C 3,9,1' 1133 -_# IW 2.E# - 3^se t23 12,7C7 13.11 ?2etaatr.]'ana ECrr.: 31v t: E,7+C 3,7Oc 8,];u S C2# 3-f. SES 3 1c 1 -eS7 8,e58 E.£# 9Y:a.'CG 1Ar9t]� ^::NCC 1_CK 11,9pC 11,3:0 iF ^SS 7M f3# -3 EL' E41£ a.W Le!tr ]c]XCAI•�a) 1E,a.T 15.Se[ ia,E1 -S?] -1.3# a_-0 cc# 1 1< 1,e5: 3.ei] 3.:4 ir]a: 6trAm: 3,203 3,Ftt 3,E v 00# :c4 SE# 0 0 1 C CES '._51 =,CJS ICS,_l^ lco.c% i-a1't�rmert cG.76] 33_nc 35.91 1.6 ! 3.9Y['_.3% ift - .aa IIS v f OCF1E 171 13:,8 c,3 3] 13,33a.f 13,7.95 £ f r- 15:.,7229 1T.Mc 7,a.1711 ..7 ,c H 137.1 1323 :.E 3.i 13,i 1E5 13.75]5 EE 1.9 1.9 159,E3E.0 1E1.537.c 7,EE3L •,S LYRE 1235 Is -A J.c 13,11-, 12$31,5 5325 tt 157,3131 tza,T1i.0 7$571 1.8 +xv+1 �G'1Ptbt'R-OTnMM 10f �hv _ eve fiP4 80e Vol. pg' 17-134 i .--41 AMP REALTY CONSULTANTS AREA/NEIGHBORHOOH ANALYSIS Meanwhile, the following table outlines the largest employers in the Bryan/College Station area. Research Valley (Greater Bryan/CoUege Station Area) Largest Employer d l?aqy Texas A&M University System Education 17,000+ Bryan ISD Education 2,000+ Texas A&M Health Science Center Education 2,000+ College Station ISD Education 2,000+ Reynolds & Reynolds Computer Hardware/Software 1,800+ Blue Bell Creameries Food Manufacturing 1,000+ Blinn College Education 1,000+ Sanderson Farms Food Manufacturing 1,000+ St. Joseph Health System Health Care 1,000+ Walmart Retail 1,0004- HEB Grocery Retail 1,0004 - Brazos County Government 500-999 City of Bryan Government 500-999 City of College Station Government 500-999 College Station Medical Center Health Care 500-999 Ply Gem Windows Manufacturing 500-999 Baylor Scott & White Health Health Care 500-999 SOURCE. Research Valley Partnmlii , The Research Valley Lumst Employers, 2016 In summary, Brazos County and the twin cities of Bryan and College Station continue to witness growth in population, sales, and infrastructure. Real estate sub -markets continue to expand or are stable and the area has a steady economy due to the presence of Texas A&M University and Blinn College. vol.._'Z� Pg. ,,'--3 17-134 14 HOL KAMP REALTY CONSULTANTS ARE41NEIGHBORHOOD ANALYSIS AREA RVEIGHBORHOOD ANALYSIS Renchley ���• NEIGHBORHOOD MAP � KRancb ` RLop'R l � •\ .i' -��P- ,.Bryan.- i� .� l % � TeXaSA II F69a1 fl�- �TEatStall •\ , ie �' - College Station a 1 v Wellborn Snook s SUBJECT FRORERT �. ma Wilcox Allenfarm_____ -- 0---' To.Jll r From • { Data use subject to license.jTly' X71 ® DeLomre. DeLorme Street Atlas USA® 2015. 0 1 2 3 4 5 mAv delorme.com MN (2.9° E) Data Zoom 10-0 Vol.�� Pg. �S- 17-134 �e16 AMP REALTY CONSULTANTS SUBJECT PROPERTYANALYSIS THE SUBJECT PROPERTY The subject property involves a 1.823 acre tract of land located in the community of Millican along the north line of F.M. Highway 159 south of FM 2154 in Brazos County, Texas. The following summary presents the pertinent physical data of the subject site. Legal Description: 1.823 acres out of the Elliott M. Millican Survey, A-40, Millican, Brazos County, Texas. Physical Location: North line of FM 159 south of FM 2154 in the rural community of Millican in southern Brazos County, Texas. Site Area: 1.823 Acre or ±79,410 Square Feet Shape: Triangular in shape with approximately +_710 LF of frontage along the north line of F.M. Highway 159. Topography: The subject is a mostly wooded tract with a small livestock pond. The tract has a gradual slope to the southeast. AccessNisibility: Direct access the to the site is provided by F.M. Highway 159. The property is directly visible from the roadway. Access does not appear to be limited. Frontage: Street Type: F.M. Highway 159 Utilities: Electricity: Water: Telephone: Garbage Collection: Sanitary Sewer: Police/Fire Protection: ±710 LF along F.M. Highway 159 Two-way, two-lane asphalt paved rural FM highway with open ditch drainage; travels in generally a north/south direction from SH -6 to the north to SH -105 to the south. The service companies are listed as follows: Bryan Texas Utilities Wellborn Special Utilities District (available for extension) Verizon Private None Brazos County Vol. 17-134 1 �1.7 unr P MALTY CONSULTANTS SUBJECT PROPER77 ANALYSIS Soil Conditions: Based on Physical inspection, the subject site's soil and subsoil conditions appear to be adequate for improvement, which is supported by existing improvements on nearby properties. Zoning/Restrictions: The subject is not currently subject to a zoning ordinance. However, it is subject to platting requirements as set forth by Brazos County. Adjacent Land uses: North: Vacant land / Rural residential South: Rural residential East: Rural residential West: Rural residential Drainage: Adequate drainage is provided by the natural topography of the subject surrounding properties. Flood Plain: According to the Federal emergency Management Agency (FEMA), Community Flood Panel Insurance Rate Map #48041C0400E (May 16, 2012), no portion of the subject site is situated in a designated flood hazard (see Flood Plain Map following this section). Easements: Typical public utility easements for water and electrical service; do not affect the usability of the tract. According to the survey provided, there is a portion of an undeveloped street ROW "Buchanan Street" along the northern boundary and an unimproved 40' wide designated "alley way" along the western boundary. No information was provided regarding if the ROW and alley -ways have been abandoned. Other than those noted, are no other known or observed adverse easements, encroachments or additions affecting the subject site. Improvements: None noted Vol. 17-134 -I8 HOLTKAMP REALTY CONSULTANTS SUBJECT PROPERTY ANALYSIS Taxation: Based on our research, the subject property is not included on the Tax Rolls for Brazos County. The subject property is not located within a municipal boundary; therefore, it is subject to taxation by the county and school taxing authorities as well as the Emergency Services District#1. The 2017 tax rates applicable to the subject as levies per $100 of assessed value are as follows: Taxing Authority Rate/$100 Assessment Brazos County $0.4850 Navasota ISD $1.18399 EMS District #1 $0.03000 Total $1.69899 Based on assessments of nearby properties a taxing value of approximately $36,460 or $20,000/acre appears appropriate for the subject. Applying the 2017 tax rate, per $100 of assessed value, the real estate taxes are approximately $619. The subject property is currently exempt from property taxes under a public property exemption. Summary The subject tract consists of a 1.823 acre tract of land located along the north line of F.M. Highway 159 in the community of Millican in southern Brazos County. The subject is generally surrounded by vacant land and single family residential uses. It has good visibility from F.M. Highway 159 and access appears adequate. Overall, the site is considered somewhat restricted due to physical characteristics; primarily its triangle shape. For additional information and a visual description of the subject property, please refer to the following pages for photographs, plats, maps and sketches of the property. El__ .pg. `2� 17-134 1'1 HOLTKAMP REALTY CONSULTANTS SUBJECT PROPERTYANALY51S SUBJECT PROPERTY ANALYSIS 17-134 21 HOLTKAMP REALTY CONSULTANTS S11I4JEC-1 PROPERTYANAl.Y315 PHOTOGRAPHS OFTHE SUBJECT PROPERTY PHOTOGRAPHS OF THE SUBJECT PROPERTY Vol. _o?i G.� Pg,_ 3 °Z -- 17-134 -:f HOL-TKAMP REALTY CONSULTANTS PHOT f)GRiI Pf 15 OF THE: SUF�EC'P PROPEHTI' VIENV OF SUBJECT LOOKING EAST FROM F.NI. I-IIGIIWAY 159 VIEW L OOKING NORTH FROM ACROSS F.M. 159 Vol, _� 6 5�- Pg.- � 1 17-134 _ 24 1101LfKAiNir REALTY CONSULTANTS P) 10TOGRA NIS OF I IfE SUBJECT PROPERn' INTERIOR VIEW LOOKING NOR1'IINVE.ST VIEW LOOKING WEST SUBJECT PROPERTY IS ON THE RIGHT Vol. _��Pg. 17-134 _ 25 HOLTKAiMP REALTY CONSULTANTS Plio 10GRANIS OF THE SUBJECT PROPERTY F.M. 159 LOOKING EAST F.NI. HIGHWAY 159 LOOKING WEST Pg �S 35� Fvo — ---- 17-134 26 ViGLI'KAMP REALTY CONSULTAN'15 I HISTORY OF THE SUBJECTPROPERTY HISTORY OF THE SUBJECT PROPERTY A search of the Brazos County Deed Records revealed no conveyance of the subject property in the previous three years. As of the effective date of this appraisal, the subject property is reported to be under the ownership of Brazos County. Vol. SJ pg 17-134 -27.�_�_ HOLTKAMP REALTY CONSULTANTS HrGHESrAND Best use HIGHEST AND BEST USE A fundamental proposition in land economics and an essential requirement to the valuation of real estate property is the assessment of a property's highest and best use. Subject to the constraints imposed by law, prevailing market conditions and the overall character of the property itself, highest and best use may be defined as the optimum or most probable use/development of a property which yields the highest land value or net return to an owner/investor. The American Institute of Real Estate Appraiser's terminology handbook states further: That reasonable or probable use that will support the highest present value of the land, as of the effective date of the appraisal;... that available use and program of future utilization/development which will maximize the potential net return of an investment over a given period of time.... Therefore, income property acquires value if it is capable of rendering services and/or producing income. It must be able to satisfy a desire of a buyer in the marketplace. The income of a property depends upon its utility and whether or not the improvement is an adequate property improvement, over -improvement or an under -improvement. In other words, the property will not command a price unless there is a demand for it. The definition of highest and best use indicates that there are two considerations of highest and best use. The first is highest and best use of the land as if vacant. The second is highest and best use of a property as improved. As Vacant The subject property is located along the north line of F.M. Highway 159 south of FM 2154 in Millican. The site has approximately 710 linear feet of frontage on F.M. Highway 159. The subject site contains approximately 1. 823 acre or 79,410 square feet. The topography is generally level to gently sloping southeastward. The site has a general triangular shape with adequate frontage and visibility. Access to the site is from F.M. Highway 159. Drainage of the site appears adequate and is not located within a designated flood hazard area. A creek channel is located near the western boundary of the tract. Vol. �PJ� Pg. 17-134 28- HOLTKAMP REALTY CONSULTANTS HIGHEST AND BEST USE At present, the subject property is serviced with water, electricity and telephone services. Sanitary sewer is not available at this time. Electricity is furnished by Bryan Texas Utilities, and telephone is provided by Verizon Communications. Based on a physical inspection of the tract and an analysis of its physical aspects, the site is not severely affected, However, the triangular shape limits the site. The second consideration in the analysis of site as vacant, consists of the permissible or legal uses to which the site can be developed. The subject property is not located within a municipal boundary and is not subject to zoning restrictions. Based on surrounding uses, due to size a residential use appears most likely. The third consideration in the analysis of the site as vacant consists of feasible uses of the property, which centers on the discussion of defining those uses to which this site is best suited, subject to any limitations previously discussed and assuming proper planning and preparation will be utilized. An essential element in determining the highest and best use conclusion relates to the motivations of the market for the subject property. In other words, without adequate demand for a use, the use has little value. This is a primary concern in a depressed economy, because when a market segment is severely over -built, vacant land for that use cannot be utilized immediately, but must be held until the end product can be absorbed. Therefore, the following discussion pertains to the current market conditions regarding possible uses of the site, as limited previously. The current market for land in the area experienced a significant increase from approximately the late 1990's to the present. After the slowdown in 2008-2009 market activity for vacant land has remained active. The increase in demand is attributable to increased development, the location and growth of Bryan and College Station and lower interest rates. There still remains a supply of available tracts in rural areas. Considering the tract's location and the proximity to residential uses, the most logical use would be for a residential home site. Therefore, it is our opinion that the highest and best use of the subject property, as vacant, would be for investment/holding for future sale or development into a single family residential home site. V6, 17-134 -29 HOLTKAMP REALTY CONSULTANTS THF. VALUATION PROCESS THE VALUATION PROCESS Modem appraisal practice requires that an appraiser make a preliminary survey of the neighborhood and property to: Define the problem by identifying the real estate, the property rights to be valued, the date of value, the use of the appraisal, the definition of the value and other related limiting conditions. 2. Conduct a preliminary analysis, data selection and collection of general and specific information. The general information encompasses such matters as social, economic, governmental, and environmental details. The specific information involves the subject and its comparables and , more specifically, site data, improvement details, sales, listing, costs, deprecation, income/expenses, and capitalization rates. 3. Conduce, a highest and best use analysis for the land as if vacant and the property as improved. 4. Estimate the land value as it is related to its highest and best use. 5. Estimate the property value via the three approaches: Cost, Sales Comparison, and Income Capitalization. 6. Perform a reconciliation of value indications and a final value estimate. 7. Report the defined value estimate. The previous concepts are fundamental to appraisal procedures and also serve as rationale for the actions appraisers perform when confronting an appraisal problem. Vol. �Z 0,5— _ Pg. 17-134 -30---HO-TKAMP REALTY CONSULTANTS THE VALUATION SECTTON VALUATION SECTION Vol. pg. f d 17-134 -31- HOLTKAMP REALTY CONSULTANTS SALES COMPARISONAPPROACH SALES COMPARISON APPROACH The Sales Comparison Approach is based on the principle of substitution whereby an informed purchaser would pay no more for a property than the cost of acquiring an existing property with the same utility (including amenities). The approach is applicable when an active market provides sufficient quantities of reliable market data. Other principles involved in this approach are the principles of anticipation, contribution, and increasing and decreasing returns. In this approach, the subject property is compared to similar properties which have recently sold in the same market area and which have the same highest and best use. The appraisers have investigated numerous sales of property and the sales used in this report are considered to be the most comparable. A detailed description of each comparable property is presented on the following pages. Included in this description is each property's compatibility to the subject and any additional comments concerning the property which might have influenced the sales price. Adjustments will be applied to compensate for differences between these sales and the subject. The following comparables are considered to be the most reliable comparable property available to the market area of the subject. 17-134 -32- HOLTKAMP REALTY CONSULTANTS SALES COMPARISON APPROACH COMPARABLE LAND SALE NUMBER ONE Map Reference: Brazos County, Texas Location: 6430 Zak Road in north central Brazos County Date of Sale: 8/16/17 Grantor: Charles and Robert Miller Grantee: Kristi Rodriguez Sanchez Size: 2.00 Acres Legal Description: 2.00 acres being parts of Lots 4 & 5, Block 2, ZAK Addition Recording Data: Volume 14215, Page 150 Consideration: $49,000 Terns: Cash to Seller Cash Equivalency: $49,000 Unit Price: $24,500/Acre Frontage: East line of Zak Road (private) west of FM 974 Utilities: Rural Water service, Electricity, private septic required Easements: None adverse noted Zoning: None Flood Plain: None apparent Shape/Topography: Irregular/Gently sloping/mix of trees and woods Remarks: This is a vacant rural tract located north of Bryan near the Tabor / Edge Communities. Voi. 5 Pg. I7-134 T3 HE) L--TKAMP REALTY CONSULTANTS SALES COMPARISONAPPROACH COMPARABLE LAND SALE NUMBER TWO Map Reference: Brazos County, Texas Location: Old Reliance Road at Andert Road Date of Sale: 4/29/2016 Grantor: Dell & Theresa Seiter Grantee: Andrew and Monica Merritt Size: 4.05 Acres Legal Description: 4.05 acres being Lot 5; Wixon Creek Estates Phase 2 Recording Data: Volume 13338, Page 209 Consideration: Terms: $110,000 Cash to Seller Cash Equivalency: $110,000 Unit Price: $27,160/Acre Frontage: Old Reliance Road just south of Andert Road Utilities: Rural Water service, Electricity, private septic required Easements: None adverse noted Zoning: Flood Plain: None None apparent Shape/Topography: Rectangular/Level to gently Sloping Remarks: This is a vacant rural tract located east of Bryan and just southeast of SH -21 It is proposed for single family residential. Vol. -2 J Pg. 17-134-----34--------_--FIO TKAMP REALTY CONSULTANTS SALES COMPARISONAPPROACH COMPARABLE LAND SALE NUMBER THREE Map Reference: Brazos County, Texas Location: 22797 Reservation Date of Sale: 11/14/2014 Grantor: Ricky Joe Greer Grantee: Juan Manual Vargas & Jose Javier Lopez Size: 2.00 Acres Legal Description: 2.00 acres being Part of Lots A, B, C & D, Block IV, Millican Town site Recording Data: Volume 12376, Page 94 Consideration: $37,000 (see remarks) Terms: Cash to Seller Cash Equivalency: $37,000 Unit Price: $18,500/Acre Frontage: South line of Clay Street Millican Town site Utilities: Rural water, electricity, private septic required Easements: Unimproved Street ROW'S Zoning: None Flood Plain: None apparent Shape/Topography: Rectangular/Gently Sloping/mostly wooded Remarks: This is a tract located in the Millican Town site. It was sold on a contract for deed, paid off within one year no interest. Vol._��.�✓. Pg. �� 17-134 -35- HOLTKAMP REALTY CONSULTANTS SALES COMPARISONAPPROACH COMPARABLE LAND SALE NUMBER FOUR Map Reference: Brazos County, Texas Location: Millican Cut Off Road Date of Sale: 8/28/2014 Grantor: Johnny & Vanessa Guillory Grantee: Larry & Kim Joost Size: 3.00 Acres Legal Description: 3.00 acres being Lots 1-10, Block 113 & Lot 1, Block 114 Recording Data: Volume 12244, Page 062 Consideration: $45,000 Terms: Cash to Seller Cash Equivalency: $45,000 Unit Price: $15,000/Acre Frontage: Off of FM 159 South of FM 2154 Utilities: Rural Water service, Electricity, private septic required Easements: None adverse noted Zoning: None Flood Plain: None apparent Shape/Topography: Rectangular/Level to gently Sloping Remarks: This is a vacant rural tract located in the south portion of Millican off of FM 159. Vol.. � 4J 17-134 _36-. IIOLTKAMP REALTY CONSULTANTS SALES COMPARISON APPROACH SALES COMPARISON APPROACH LAND SALES ANALYSIS SALE NO. SALE DATE SIZE (Acres) SALE PRICE/Ac LOCATION ONE 08/17 2.00 $24,500 East line of Zak Road west of FM 974 TWO 04/16 4.05 $27,160 Old Reliance Road South of Andert Road THREE 11/14 2.00 $18,500 South Line of Clay Street Millican Town site FOUR 08/14 3.00 $15,000 Private Road off of FM 159 South of FM 2154 These comparable sales are considered the most comparable land sales in the subject area. These have variances in terms of physical, location, and pricing characteristics. Applicable market derived adjustments are identified through comparisons of these market comparables. Each sale was analyzed and compared to the subject site characteristics. All sales were for cash equivalent terms and are not adjusted for this factor. The sales will be compared to the 1.823 subject site. Adjustments were made to the prices of the selected tracts to compensate for differences between each tract and the subject property. Primary adjustments were made for market conditions due to the active market, location, size / shape differences, and easements/RO W's. Please refer to the following adjustment grids for a recap of the applicable adjustments made to each of the four comparables. Vol.I Py. W7 17-134 -38 HOLTKAMP REALTY CONSULTANTS SALES COMPARISONAPPROAcH LAND SALES ADJUSTMENT GRID K�.•.,.3,r.. <4, HRC # H 17-134 Old Reliance Reservation Millican Cut -Off Location FM 159 Zak Road Road @ Andert Street Road Sale Date N/A Aug -17 Apr -16 Nov -14 Aug -14 Size (acres) 1.823 Ac 2 Ac 4.05 Ac 2 Ac 3 Ac Sale Price (Cash Equivalent) $49,000 $110,000 x37,000 $45,000 Sale Price/Acre $24,500 $27,160 $18,500 $15,000 laprovetnent Allocation $0 So $0 $0 Improvement Alocation/Acre $0 $0 5o $0 Raw Land Allocation $49,000 $110,000 $37,000 545,000 Raw Land Price/Acre $24,500/Ac $27,160/Ac $18,500/Ac $15,000/Ac Miustrucros Financing Terms 0.0% 0.0% 0.0% 0.0% Sub -Total $24,500 $27,160 $18,500 $15,000 Conditions of Sale 0.0% 0.0% 0.0% 0.0% Sub-Tuml $24,500 $27,160 $18,500 $15,000 Markel Conditions Oct -17 1.0% 9.0% 17.5% 19.0% Sub -Total $24,745 $2%W4 $21,738 $17,850 Mineral/Property Rights Surface Only 0.0% 0.0% 0.0% 0.0% Sub -Total $24,745 $29,604 $21,738 $17,850 Location/HDU Millican -15.0% -15.0% 0.0% 0.0% Size 1.823 0.0% 10.0% 0.0% 5.0% Shape Triangular -10.0% -10.0% -10.0% -10.0% Access/Frontage FM 159 10.0% 5.0% 5.0% 5.0% Flood Plain None 0.0% 0.0% 0.0% 0.0% Utilities Water, Electricity 0.0% 0.0% OA% 0.0% Easements Undeveloped Streets -10.0% -10.0% 0.0% 0.0% Land Quality Average 0.0% 0.0% 0.0% 0.0% Total Adjustment -25.0% -20.0% -5.0% 0.0% Inquovements None SO So $0 $0 Indicated Value /Ac $19,000/Ac $18,559/Ac $23,683/Ac $20,651/Ac $17,850/Ac The sales indicate a range in adjusted price per square foot from $17,850/Ac. to $22,203/Ac., with an average of $19,816/Ac. The sales included in this analysis were the best available for comparison to the subject and are considered good estimates and indicative of market trends in the area. Initially, the sales are adjusted for market conditions. The overall land market in the Brazos County area has experienced strong growth over the past several years. This has led to modest price increases market wide. Though a definitive adjustment for changing market conditions is difficult to identify, it is our opinion that a 6% annual increase is reasonable. This equates to an approximate .5% per month. Therefore, we have applied this adjustment to the comparable sales. Sales 1 & 2 are located near and north of Bryan and are in the Bryan ISD which is considered superior to the subject location in the Navasota ISD. Sales 1 & 2 are adjusted down 17-134 I Val, p°k rg p9, Wf HOLVAMP REALTY CONSULTANTS SALES COMPARISON APPROACH for this difference. Sales 3 and 4 are located within the subject neighborhood with Sale 4 being located just east of the subject. All of the sale are in the same general size category with Sales 2 & 4 being larger. These two sales are adjusted upward accordingly. However, when the triangular shape of the subject tract is considered, all of the sales require a downward adjustment. The subject's triangular shape has some limitations regarding development or the location of improvements on the site. It is our opinion that a downward adjustment is applicable to all of the sales for this factor. Finally, a downward adjustment is applied to Sales 1 & 2 to reflect the ROW's located on the subject and Sales 3 & 4. The four sales indicate an adjusted range from $17,850/Ac to $22,203/Ac. Sales 3 & 4 are considered the most similar and required the least adjustment. Considering these two sales, the indicated range is generally from $18,000/Ac. To $20,000/Ac. With these considerations, our concluded estimate will be applied to the acreage of the subject site (1.823 Ac.). Based on this analysis we have estimated the site value of the subject property to be $19,000 per acre. As previously mentioned the subject site was vacant at the time of inspection, therefore the land value is considered to be the "As Is" value of the subject. Site Value Calculation Ac Times Value/Ac equal's Total Value 1.823 x $19,000 = $34,637 ROUNDED TO $35,000 Vol. � � pg. fes__ 17-134 40 HOLTKAMP REALTY CONSULTANTS CORRELATION OF MARKET VALINE ESTIMATE CORRELATION OF MARKET VALUE ESTIMATE The subject property consists of a vacant land tract. The Cost Approach and Income Capitalization Approach are not utilized. SALES COMPARISON APPROACH: $35,000 COST APPROACH: Not applied INCOME CAPITALIZATION APPROACH: Not applied Each valuation method is evaluated based on the reliability of data, applicability to the property appraised and applicability of the approach to the definition of value sought. The Sales Comparison Approach is based upon the current sales of similar type properties. Knowledgeable buyers of investment properties frequently acquire real estate on the basis of indication of what a substitute property is sold for in the market. This is considered the paramount approach of estimating the worth of vacant land tracts. In the final value conclusion, emphasis has been placed on the Sales Comparison Approach. The "as is" market value of the subject as of October 30, 2017 is estimated to be: $35,000 (THIRTY-FIVE THOUSAND DOLLARS) 1 17-134 -41 r H4LTKiAMP REALTY CONSULTANTS CERnFICATE OF APPRAISAL CERTIFICATE OF APPRAISAL The undersigned does hereby certify as follows: • The statements of fact contained in this report are true and correct. • The reported analysis, opinions, and conclusions are limited only by the reported assumptions and limiting conditions and are my personal, impartial, and unbiased professional analyses, opinions, and conclusions. • I have no present or contemplated future interest in the real estate that is the subject of this report and no personal interest with respect to the parties involved. • I have no bias with respect to the property that is the subject of this report or to the parties involved with this assignment. • My engagement in this assignment was not contingent upon developing or reporting predetermined results. • The amount of the Appraiser's fee is not contingent upon the reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value estimate, the attainment of a stipulated result, or the occurrence of a subsequent event related to the intended use of this appraisal. • To the best of my knowledge and belief the statements of fact contained in this appraisal report, upon which the analyses, opinions, and conclusions expressed herein are based, are true and correct. • This appraisal report sets forth all the limiting conditions and special conditions (imposed by the terms of my assignment or by the undersigned) which may affect the analyses, opinions and conclusions contained in this report. • This appraisal has been made in accordance with the Uniform Standards of Professional Appraisal Practice (USPAP) as adopted by the Appraisal Standards Board of the Appraisal Foundation. This report is further prepared in order to comply with the Code of Professional Ethics and Standards of Professional Appraisal Practice of the Appraisal Institute. • It is certified that neither the undersigned, or the appraisal firm of Holtkamp Realty Consultants, Inc. is party to or involved in any regulatory or disciplinary action regarding the Appraisal Institute or the Texas Appraiser Licensing and Certification Board. • The values within this report are certified not to be based upon any requested minimum, maximum or specific valuation instructions from the client, or for the favorable consideration toward a loan. • One (or more) of the signatories of this appraisal report is a member (or candidate) of the Appraisal Institute. The Bylaws and Regulations of the Institute require each member and candidate to control the use and distribution of each appraisal report signed by such member or candidate. Therefore, except as hereinafter provided, the party for whom this appraisal report was prepared may distribute copie .of -this -appraisal -report, -in -its entirety,) to such third parties as may 17-134 VOL � �4� PS, s/ HOL'GKAMP REALTY CONSULTANTS CERTIFICATE OF APPRAISAL be selected by the party for whom this appraisal report was prepared; however, portions of this appraisal report shall not be given to third parties without prior written consent of the signatories of this appraisal report. Further, neither all nor any part of this appraisal report shall be disseminated to the general public by the use of advertising media, public relations media, news media, sales media or other media for public communication without the prior written consent of the signatories of this appraisal report. No one provided significant real property appraisal assistance to the person signing this certification. The undersigned James G. Watson III, personally made a site visit on October 30, 2017. Don A. Holtkamp reviewed the appraisal report. The undersigned is knowledgeable of the property type, as well as all applicable appraisal methodology that may be required to determine the subject's market value. The experience level of the undersigned is strong, with a significant amount of that experience being in the valuation of similar properties. Therefore, it is certified that the appraiser has the knowledge and experience to complete the appraisal assignment in a competent manner. The real property which is the subject of this appraisal report is valued as of October 30, 2017, as if unaffected by environmental contamination and subject to all the assumptions and limiting conditions contained in this report, for a market value "As Is" of the fee simple estate of $35,000. The market value estimate is representative of the market conditions existing as of the effective date, and take into consideration all factors influencing the value of the property described as being 1.823 acres of land located along the north line of F.M. Highway 159 south of FM 2154 in Millican, Brazos County, Texas. • I certify that the use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. • The Appraisal Institute conducts a voluntary program of continuing professional education for its designated members. Designated members who meet the minimum standards of this program are awarded periodic educational certification. • As of the date of this report, Don Holtkamp, MAI and James G. Watson III, MAI have completed the requirements of the continuing education program of the Appraisal Institute. • Holtkamp Realty Consultants has not appraised the subject property within the three years prior to this appraisal. 11/1P2017 Don Holtkamp , Date Signed SCGREA-� TX -1321093-0 Expires 06/30/19 2�''''--�-_ 11/1/2017 J*ds. G. R%anon III Date Signed , fWGREA# TX 1390356_G Expires 09/30113 17-134 VOI,. _ t43 v pg:. v-- H:O : P REALTY CONSULTANTS ADDENDA ADDENDA Vol_ _��S P9• �3"3__ 1 17-134 L___ HOLIK vH REALTY CONSULTANTS HOLTKAMP REALTY CONSULTANTS Wm. Charles Wendt Purchasing Agent Brazes County 300 S. Texas Ave., Ste, 351 ar/an, Texas 77803 Charles, ADDENDA P.O. Box 4792 i. T"as 77805 The estimate fee for the appraisal of the 1.823 acres of land located on FM 159 out of die EM, 0111can Survey, A-40, in south Brazos County would be $1,800, We should be able to complete in npproximately 30 days from the authorization to proceed. The appraisal report will bein summary murative style format and will include property description, ,mapping, highest and best use analysis, comparable sales data, adjustmein grid and a conclusion of value. The property will be appraised as surface only, exclusive of the mineral interest. Thanks for allowing our firm to quote this project for you. Dors Hola:amp,MN . Hohkamp. Realty Cufixoltanu (979)"64570 E i"oh I Duane Peters Date County Judge Vui a2 J Pg. 17-134 -- �s HOLTKAMP REALTY CONSULTANTS 17-134 ADDENDA a o BILL TO: r BRAZOS COUNTY A.&.,', Q ',. P.O. Hoa 914 Y � 9rYpn. T% 77003 ti! V x93665 FAX: 97.9-774-03157 E HOLTRAMP MALTY CO:iSULirV: TS SNC D PO SOX 4792 GRYAN TX 77805 HL PURCHASE ORDER NO. 12000803 PACE NO. 1 i POECHiSINO P I 200 S. MAS MrEo STE 352 P BRYAN, T8YAS 77003 OI 979-3c'_-4280 J ATT7741 ORDER DATE: 10/18 17 lBUYFSIv MALADY RUTLEDGE R HO,u 00062077 R: ADDENDA QUALIFICATIONS TO APPRAISERS E�7lf:.__.__HOLTKAMP pg.17-134 REALTY CONSULTANTS ADDENDA JAMES G. (TFES) WATSON III, MAI EXPERIENCE 1996 —Present Contract/Senior Staff Appraiser with Holtkamp Realty Consultants, Inc.,- Bryan, nc.; Bryan, Texas. Job description includes appraisal, feasibility analysis, cash flow analysis of all types of commercial property, land tracts, and farm & ranch properties. 1995-1996 Assistant Development Manager — Pebble Creek Development Company, College Station, Texas. Job description included lot sales, architectural control, new phase planning and implementation, HOA management and implementation. 1993-1995 Senior Staff Appraiser with Dugger, Canaday, Grafe & Woelfel, Inc. San Antonio, Texas. Job description includes appraisal, feasibility analysis, cash flow analysis of all types of commercial property, land tracts, and farm & ranch properties. 1991-1993 Staff Appraiser with Hartgroves Real Estate Group, Inc. Bryan, Texas. Job description includes appraisal, feasibility analysis, cash flow analysis of all types of commercial property, land tracts, and farm & ranch properties. EDUCATION 1991 M.A. — Land Economics & Real Estate; Texas A&M University; College Station, Texas. 1989 B.S. — Agriculture Economics; Texas A&M University; College Station, Texas. ROFESSIONAL AFFILIATI • Certified "General Real Estate Appraiser," State of Texas -TX 1380356-G • Designated member of the Appraisal Institute - MAI • Licensed Texas Real Estate Broker, State of Texas- #0452194 • Society of Texas A&M Real Estate Professionals • Bryan/College Station Regional Association of Realtors Vol, � �5�, Pg.._ S% 17-134 _._.._____.____..1HOLTKAMP REALTY CONSULTANTS Texa# 3ppraiarXicenliug anb Certification A3oarb P.O. Box 12188 Austin, Texas 78711-2188 Certified General Real Estate Appraiser Number: TX1380356 G Issued: 10/04/2016 Expires: 09/30/2018 Appraiser: JAMES GARLAND WATSON III Having provided satisfactory evidence of the qualifications required by the Texas Appraiser Licensing and Certification Act, Texas Occupations Code, Chapter 1103, is authorized to use this title, Certified General Real Estate Appraiser. 17-134 ADDENDA ugias4di Commissioner fiOLTKAMP REALTY CONSULTANTS DON HOLTKAMP, MAI 4.49NIMM09 y ADDENDA 2006 — Present President of Holtkamp Realty Consultants. Job description includes appraisal of all types of commercial and farm/ranch property along with appraisal review and supervision. 1985 —2005 Vice President of Kennedy Holtkamp, Inc., Real Estate Appraisal. 1983-1985 Associate Appraiser with Kennedy Holtkamp, Inc., in Bryan, Texas. 1981- 1982 Graduate Research Assistant, Texas Real Estate Research Center, Texas A&M University, College Station, Texas. Majority of research work concerned the Texas Rural Land Market. 1981 Summer Internship with the Texas General Land Office/Veterans Land Board, Appraisal Section. UCATION 1982 Texas A&M University, College Station, Texas, graduated with a Master's Degree in Agriculture Economics. 1981 Texas A&M University, College Station, Texas, graduated with a Bachelor's Degree in Agriculture Economics. 1979 Blinn Jr. College, Brenham, Texas Graduated with an Associate of Arts Degree with primary emphasis in Agriculture Economics. PROFESSIONAL ASSOCIATIONS • Certified "General Real Estate Appraiser," State of Texas (TX 1321093-G) • MAI, Member Appraisal Institute • Member, Society of Texas A&M Real Estate Professionals • Licensed Real Estate Broker, State of Texas : o SPU-:Z1I11► 1 Don Holtkamp was born and raised in Brenham, Washington County, Texas, and graduated from Brenham High School in 1977. Vol. Pg. -, ``f -- 17-134 HO -TKAMP REALTY CONSULTANTS Qxaq Rppraio:e tiotwitt ub emificattoti Noartr Ro; Box 7248e Austin, Texas 7871lwMg Certified General Reai Estate Appraiser Nutnh,T TX 1321093 G lsslned: ta6130/20 ii Expires: 0613012099 Appraicle'r: DON ALAN HOL.TKAMP I141VIng g rol(J f 011 hctary.cv'x➢ance of tho quall.tkatlou, mqulred by tho 3axw; Aphnr:er.LlI cti„ ht.g acid Cort lfiraf+on Aet,:Texas geeuP:illans code, Chapter 1103, B..wthadz<al to rWc this tido, Ceillfed General Real E -AMC Appra£ser. ADDENDA A" 6u;11a� E Old in Coinimmoticr 17-134 - .._ --� HOLTKAMP REALTY CONSULTANTS Ek(11101 November 3, 2017 TO: Bryan/College Station EAGLE Classified Advertising Department P. 0. Box 3000 Bryan, Texas 77805 FROM: Purchasing Department ATTN: Charles Wendt, Purchasing Agent 200 South Texas Ave., Ste. 352 Bryan, Texas 77803 PHONE #: 776-4444 FAX #: 774-0053 PHONE# 361-4292 FAX#: 361-4293 Please publish the following legal advertisement on the following dates: Friday, November 10, 2017 Friday, November 17, 2017 Friday, November 24, 2017and Friday, December 1, 2017 Send invoice and tear sheets to: Purchase Order No. 16000508 Brazos County Auditor's Office ATTN: Accounts Payable P. 0. Drawer 914 Bryan, Texas 77805-0914 NOTICE TO BIDDERS A live auction will be held by Brazos County in the Brazos County Administration Building, 200 South Texas. Ave., Bryan, Texas, in the atrium, beginning at 2:00 P.M., Tuesday, December 5, 2017. A 1.823 acre tract of land, more or less, out of the Elliott M. Millican Survey, A-40, Millican, Brazos County, Texas, will be sold to the highest qualified bidder. A letter of credit, signed by an officer of the bidder's bank, for the minimum bid of $37,225.56, is required to be presented prior to the start of the auction and must be approved by the Special Commissioner, Bruce Erratt. The highest, qualified bidder must present a certified check or cash as payment after the announcement of the winning bid by the Special Commissioner. Brazos County hereby reserves the right to accept or reject any or all bids and waive all formalities and technicalities. Bruce L. Erratt Special Commissioner ........... u• .......................... u...................... u u •v..........• ��ol. �i5` Pg. _L -� r. I I r�w,� PROSPERITY BANKS CASHIER'S CHECK NQ.L 196364 .... MEMBER FCIC _.__. ... .. _ .... _ .... .... REMITTER r. ' .�^.:ti4�!�4-=: V„•4.t�li`e Teti ni"t a'x__ PAY TO THE ORDER OF a@ C - `P Thirty Tabun TF1O11san 1,-3o I:Elkndre, It?L tt' C1an' •-`01J NOTICE TO CUSAMERS THE PURCHASE OF AN INDEMNITY BOND WILL BE REQUIRED' BEFORE THIS CHECK WILL BE REPLACED OR REFUNDED IN THE EVENT IT IS LOST, MISPLACED OR STOLEN. RECEIVED OF BRAZOS COUNTYTREASURER 200 S. Texas Ave. Ste 240 Brvan. TX 77808 1 a Fl. nd DOLLARS 667233 w O_ ETAIL „�,NUMBER DETAIL AMOUNY Cash Check Money Order Thank You SPECIAL WARRANTY DEED STATE OF TEXAS COUNTY OF BRAZOS Effective Date: December 5, 2017 Grantor: Brazos County, Texas 200 So. Texas Ave., Ste. 332, Bryan, TX 77803 Grantee: Kenny W. Melesky, Jr. P.O. Box 505, Millican, TX 77866 Consideration: THIRTY-SEVEN THOUSAND TWO HUNDRED TWENTY-FIVE and 561100 DOLLARS ($37,225.56) cash in hand paid by Grantee, the receipt and legal sufficiency of which are hereby acknowledged. Property (including any improvements): 1.823 acres of land, more or less, out of the Elliott M. Millican Survey, A-40, Millican, Brazos County, Texas, more particularly described by metes and bounds on Exhibit "A" attached hereto and made a part hereof as is set forth at length. Reservations from Conveyance and Warranty: All easements, appurtenances, right-of-ways, leases and other limitations or conveyances of record. Grantor, for the consideration and subject to the Reservations and Exceptions to Conveyance and Warranty, does hereby GRANT, SELL and CONVEY to Grantee the Property, together with, all and singular, the rights and appurtenances thereto in any wise belonging, to have and hold to Grantee, Grantee's successors or assigns forever. Grantor hereby binds Grantor and Grantor's successors and assigns to WARRANT and FOREVER DEFEND, all and singular, the Property to Grantee and Grantee's successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof when the claim is by, through or under Grantor, but not otherwise, subject, however, to the Reservations and Exceptions to Conveyance and Warranty. As a material part of the Consideration for this deed, Grantor and Grantee agree that Grantee is taking the Property "AS IS" with any and all latent and patent defects and that there is no warranty by Grantor that the Property has a particular financial value or is fit for a particular purpose. Grantee acknowledges and stipulates that Grantee is not relying on any representation, statement, or other assertion with respect to the Property, but is relying on Grantee's examination of the Property. Grantee takes the Property with the express understanding and stipulation that there are no express or implied warranties except for limited warranties of title set forth in this Special Warranty Deed. When the context requires, singular nouns and pronouns include the plural - EXECUTED , q _ EXECUTED to be effective for all purposes as of the '`day of 017. GRANTOR: Voi. o2lP Pg. Special Warranty Deed _ 3 Page 1 of 2 Brazos Co xa By: Bruce L. trraftt, Special Commi si Brazos County, Texas STATE OF TEXAS COUNTY OF BRAZOS § This instrument was acknowledged before me on this day of 2017, by Bruce L. Erratt, Special Commissioner, on behalf of Brazos County, Texas. U=as-- IA L CHAVARRIA Notary Public, State of Texas Coram. Expires 03-04-2021 Notary ID 12933192-6 Vol. �S P C `� Special Warranty Deed -- — y -- -_—_ Page 2 of 2 V_�-------------- I,, BRAZOS COUNTY, TEXAS ACCEPTANCE OF DONATED/AWARDED PROPERTY DONATION OF COUNTY PROPERTY Date: 12/6/2017 ❑X Acceptance of Donated/Awarded Property [—] Donation of County Property (Awarded property requires signed court documentation) ❑Acceptance of Donated Inmate Property (Requires signed inmate documentation - NO VALUE ASSESSED) Item Description: Readfield Meals and Deli Please provide all information requested below as applicable to the property being accepted or donated. Forms containing any blank fields will be returned for completion. Make: Model: Year: SN/VIN B: ❑ Functional ❑ Non -Functional. Explain if Non -Functional Additional Description/Information: Meat and Cheese Tray Estimated Value: $ 130.00 Check box for Capital Asset (value/initial cost is over $5000) Check the appropriate account based on estimated value of property being accepted: ❑X 61235000(Donation -Other)• ❑ 60010000 (No Asset Tag - Under $500) ❑ 67010D00 (Minor Property -$5004,1999) ❑ 89010000 (Capital Property - Over $5000) - Other to be usedfor funds donated to Brazos Check Check the appropriate entity property donated to: Government Entity: Organization Name Other (Due to Staluatory requirements prior approval is required by Purchasing: Organization Nacre non-couruv eroeuditure I certify that the above mentioned item has been donated or awarded to Brazos County. This item has been received in good faith and upon approval by Commissioner's Court will become a part of the General Fixed Asset Account of Brazos County. The determination to accept or reject the donation will be made at the sole discretions of Commissioners Court based upon such things as usefulness, projected operating, maintenance and insurance costs. Requesting Department: Health & Wellness Clinic _D=a tment Name Organization Receiving Donated Property: ZbyC urtonthis�dayssioners Court Approval 1.` 01 - BRAZOS COUNTY, TEXAS ACCEPTANCE OF DONATED/AWARDED PROPERTY DONATION OF COUNTY PROPERTY Date: 12/6/2017 X❑Acceptance of Donated/Awarded Property ❑ Donation of County Property (Awarded property requires signed court documentation) ❑Acceptance of Donated Inmate Property (Requires signed inmate documentation -NO VALUE ASSESSED) Item Description: Bush's Chicken Please provide all information requested below as applicable to the property being accepted or donated. Forms containing any blank fields will be returned for completion. Make: Model: Year: SNNIN ❑ Functional ❑ Non -Functional. Explain if Non -Functional Additional Descriptionllnformatiow 60 Gallons of Sweet Tea Estimated Value: $ 210.00 Check the appropriate account based on estimated value of property being accepted: Q 61235000 (Donation ❑ 60010000(No Asset Tag- Undcr$500) ❑ 67010000 (Minor Property - $500- $4999) ❑ 80010000 (Capital Property -Over$5000) - Other to be used jorfiwds donated to Brazos Check box for Capital Asset (value/initial cost is over $5000) Check the the appropriate entity property donated to: Government Entity: Other (Due to Statuatary requirements priorapproval is required by Purchasing: non -corn iv exaendimre Name I certify that the above mentioned item has been donated or awarded to Brazos County. This item has been received in good faith and upon approval by Commissioner's Court will become a part of the General Fixed Asset Account of Brazos County. The determination to accept or reject the donation will be made at the sole discretions of Commissioners Court based upon such things as usefulness, projected operating, maintenance and insurance costs. Requesting Department: Health & Wellness Clinic Organization Receiving Donated Property: p roved by C ers C on lhis,pday of ��f,,L�/ Y (l) o v! �— ommissioners Court Approval Vol. _---D---- Pg BRAZOS COUNTY, TEXAS ACCEPTANCE OF DONATED/AWARDED PROPERTY �Q DONATION OF COUNTY PROPERTY Date: 12/6/2017 0 Acceptance of Donated/Awarded Property ❑ Donation of County Property (Awarded property requires signed court documentation) ❑Acceptance of Donated Inmate Property (Requires signed inmate documentation — NO VALUE ASSESSED) Item Description: Chick-Fil-A Bryan Please provide all information requested below as applicable to the property being accepted or donated. Forms containing any blank fields will be returned for completion. Make: Model: Year: SN/VIN k: ❑ Functional ❑ Non -Functional. Explain if Non -Functional Additional Description/Information: 2 Fruit Estimated Value: $108.00 Check the appropriate account based on estimated value of property being accepted: Q 61235000(Donation -Other)• ❑ 60010000 (No Asset Tog - Under $500) ❑ 67010000 (Minor Property - $500 - $4999) ❑ 80010000 (Capital Property • Over $5000) to be usedforfunds donated to Brazos Check box for Capital Asset (value/initial cost is over $5000) Check the appropriate entity property being donated to: Government Entity: Other (Due to Statuatory requirements priorapproval is required by Purchasing: Organization Ilse of a 11011 -county 1 certify that the above mentioned item has been donated or awarded to Brazos County. This item has been received in good faith and upon approval by Commissioner's Court will become a pan of the General Fixed Asset Account of Brazos County. The determination to accept or reject the donation will be made at the sole discretions of Commissioners Court based upon such things as usefulness, projected operating, maintenance and insurance costs. Requesting Department: Health & Wellness Clinic Organization Receiving Donated Property; by Court Courton this t( day of vof, � Pg. � 7 7 aBRAZOS COUNTY, TEXAS ACCEPTANCE OF DONATEDIAWARDED PROPERTY DONATION OF COUNTY PROPERTY Date: 12/6/2017 QAcceptance of Donated/Awarded Property [:]Donation of County Property (Awarded property requires signed court documentation) Acceptance of Donated Inmate Property (Requires signed inmate documentation - NO VALUE ASSESSED) Item Description: Cook and Grow Please provide all information requested below as applicable to the property being accepted or donated. Forms containing any blank fields will be returned for completion. Make: Model: Year: SNNIN #: ❑ Functional ❑ Non -Functional. Explain if Non -Functional Additional Description/Information: 2 Gift certificated for Kids Cooking Classes Estimated Value: $ 40.00 Check the appropriate account based on estimated value of property being accepted: Q 61235000(Donation _-Other)- 60010000 (No ther)*60010000(No Asset Tag- Under $500) ❑ 67010WO (Minor Property - $500 - $4999) ❑ 80010000 (Capital Property - Over $5000) Check box for Capital Asset (value/initial cost is over $5000) entity property donated to: Government Entity: Other(Due to Statuatory requirements prior approval is required by Purchasing: - 016er ro be used jorjards donated ro Bra -os County for iae ofa nontoranv ernendlnae 1 certify that the above mentioned item has been donated or awarded to Brazos County. This item has been received in good faith and upon approval by Commissioner's Court will become a part of the General Fixed Asset Account of Brazos County. The determination to accept or reject the donation will be made at the sole discretions of Commissioners Court based upon such things as usefulness, projected operating, maintenance and insurance costs. Requesting Department: Health $ Wellness Clinic Organization Receiving Donated Property: by Commissioners Cgaft on this &7 day of Vol. _ 1 Zs3 pg.._G A J( BRAZOS COUNTY, TEXAS I ACCEPTANCE OF DONATED/AWARDED PROPERTY # ` DONATION OF COUNTY PROPERTY Date: 12/07/2017 FX_J of Donated/Awarded Property ❑ Donation of County Property (Awarded property requires signed court documentation) F-1 Acceptance of Donated Inmate Property (Requires signed inmate documentation - NO VALUE ASSESSED) Item Description: TARGET GRANT CHECK $ 10,000.00 Please provide all information requested below as applicable to the property being accepted or donated. Forms containing any blank fields will be returned for completion. Make: Model: Year: SNNIN #: ❑ Functional ❑ Non -Functional. Explain if Non -Functional Additional Description/Information: Estimated Value: Check box for Capital Asset (value/initial cost is over $5000) Checkthe appropriate account based on Check the appropriate entity property being estimated value of property being accepted: donated to: ❑ i: 61235000 (Donation - Other)* Government Entity: B ❑ 60010000 (No Asset Tag - Under $500) PCA-O&nization Wme ❑67010000(MinorProperty-$500-$4999) Other (Due to Statuatory '>J: wn—o Bfe4+ ❑ 80010000 (Capital Property -Over $5000) requirements prior approval c6AM5 is required by Purchasing: Cu �anization Name *Donation - Other to be usedforfunds donated to Brazos County for use of a non -county expenditure I certify that the above mentioned item has, been donated or awarded to Brazos County. This item has been received in good faith and upon approval by Commissioner's Court will become a part of the General Fixed Asset Account of Brazos County. The determination to accept or reject the donation will be made at the sole discretions of Commissioners Court based upon such things as usefulness, projected operating, maintenance and insurance costs. - / _ t / p Requesting Department: &-[mss C ltl P4. DgpaArt tt Namd7-----_,,,nt orized Signature Organization Receiving Donated Pr Court Court on this _J day of �6J-- P9. 4 1F - _ V'-' - 10 TamdwRawlen1.20ME M2 1: Brazos. County �. ,g Job Description °t; 4c� Last Updated: September 2012 � ov Class Number. 832 Title• Temporary Attendant, Bultding & Grounds (1040 flea.) Pay Group 09 Department: 'Exposition Complex FLSA Status. Non Exempt. Reports To: Event Supervisor, Event Coordinator &All Managers Approved Date: 10/0112015 EEOC Category:: Service 1 Maintenance Temporary Position End } Date: 08130!2018 Employee x�t� Signature: GenerAl Summaryc Perforins and mdelloia daily operations: responsibilities InGuding jan!torial dupes, responsibilities and maintenance of the arezoa County Expos on Complex including aetgng•up, deanig and tearing -down events. Essential Dutlesi,_ operates fight to moderate equIpmenisuch as tractors with Implements, forklitle end skid sleet loaders; Sets upilears down rodeo equipment, horse $,aIle. cattle ties, panels and pans. Sen uprtearsdown meeting and event rooms. Including stages, dance Iboia• tables, rhairs and squlpmant and assists with the souidleklctrical system setup sndlortear down; Clesm meeting and event rooms, Including sweeping, vscvuming and taking out .hseh; Cleans reelrooms, including using canmerdal ahanicais to remove sninstedors and keeps:them fee of litter. Ships. waxes. bugs and scrubs pears as evaded and"I isWcled. Keeps all floors dusted, mopped. and vacuumed; Changes light bulbs and distributes suppges ru 00 ssary; Assist In painting and other maintenance projects es necessary; Raises flags dolly, weather pemlgNng; lakes down flags before tea*g unless ON it spea1w; operalea a vsuvum Cleaner and hand cleaning materials, supplies and equipment', Cleans windows, doors, floors, water founntns, end fumdurs; Keeps air conditioning adjusted to use requirements; Empties and cleans waste receptaclas and properly dlsposes of trash; Asabts visiters In a polite manner during eventsat the Exposition Complex; Keeps.tanitmlal and storage areas calm and organized; Must be willing to work various hours as needed Including some nights, weekends, holidays, eta.; Communicates with Exposition Complex adminishative assistart6acreWY creating regarding si janitorial ignments andlor monllorig work as necessaAa5I5U as ry for part-time andlor temporn Inventory oontfol ary bugequiling altendent and ardsfstsfi. a; Arian in eGredurug work, Other Duties as assigned. (146) _Supervlslon _. _. - - - - - ----- - - — — - - __ Rscalved: Event supervisor, Event Comdinator&AltMsnegere _. GIVen: This is a non -supervisory position. - - -- - - - -- - - ' Educetbn_ Required: High school graddaticn or Its equivalent of any equtvebrd eombinellon aiedrrwbonaand expsdenthat provides the required knowfedge. skills and Willies. Preferred: Experience - Required: ! At least one year of related work experience. -- --- - - -Preferred: Some experience in operating a trader WNW rotated equipment is preferred. dj&1iCetes, Licenses, - Required:., None.--_. _ Preferred: - pg. -7 --- - i Physical Demands _ , _ Typical: `. The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations maybe 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 Gose vision, distance vision, and the ability to adjust focus. Knowledge, Skills, & Abilities Typical' ! Safe operation of custodial and maintenance equipment. Including the safe use of commercial cleaning r chemicals. Ability to tallow oral and written instructions; ability to learn the proper use of ja nilodal equipment I 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, Typical The work environment characteristics described here are representative of those an employee encounters i while performing the essential functions of this lob. 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. APPROVED n (� uane Peters Date County Judge Item Coversheet DEPARTMENT: Purchasing DATE OF COURT MEETING: ITEM: BRAZOS COUNTY BRYAN,TEXAS NUMBER: 12/12/2017 Page 1 of t 9 Approval of attached vehicle standards for patrol type vehicles. TO: Commissioners Court FROM: Celina Patino DATE: 12/07/2017 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 ATTACHMENTS File Name Description Patrol Vehicle Standards- Revised- 12-12- Patrol Vehicle Standards 17.docx Vehicle Equipment 2018 Ford Explorers xlsx Vehicle Equipment List Type Backup Matedal Backup Matedal PPRO I Duane Peters Date County Judge Vol. Brazos County Patrol Vehicle Standards In the event that a patrol vehicle is added to a department's fleet or an existing patrol vehicle is replaced, this standard shall be followed unless updated or modified by Commissioners' Court. Patrol vehicle shall be identified as the primary vehicle for Sheriff's Department patrol deputies, elected Constables or deputy Constables. This standard will be reviewed periodically as updates are needed. The following will be provided'for the department: Ford Explorer Police Interceptor Vehicle -All Wheel Drive - V-6 Engine - Cloth Front Seats - Plastic Rear Seat - Keyless Entry - Full Sized Spare Tire - Driver's Side Spot Light - Vinyl Flooring- w/ Rubber Floor Mats - Power Windows and Locks - Rearview Back-up Camera - Front and Rear A/C Police Equipment - Overhead Light Bar System - Siren System - Gun Mount- Front of Cage - Console —to include armrest and cup holders - Utility Box — mounted in the cargo area of the vehicle - Cage system - MDT Laptop - Arbitrator Camera System - Data Radio - Motorola Radio—voice - Tinted Windows -35% - Power Distribution Panel Any wiring or mounting equipment needed to install any of the above Optional/ Exceptions - The SO Sergeant vehicles will include a white board integrated into utility box - Elected Constables will have the option to exclude the front partition. Choosing this exception will also exclude the front gun rack. They may also exclude the rear plastic seat and the factory installed rear seat will remain. If a department needs to replace an existing vehicle in the fleet, the department is required to submit their request through the Capital Improvement Program process, including which vehicle is being replaced and the reason it needs to be replaced. This CIP request should also include any equipment that needs to be replalced due to wear or inoperability. PVol-TO � 4 � pg. -7 � I 2018 FORD EXPLORER EQUIPMENT Item # Quantity Description Price E/U WE-LIBERTYIIPKG 1 Whelen LIB II, CCSRN3, SA315P PKG 48" Light bar $1,869.90 WE-STPKT83 1 Whelen Strap Kit 2013-17 FPI Utility $0.00 WE-SAK52 1 Whelen Int. Utility 2014 DS Lower Grille $0.00 STPKT83 1 Strap conversion kit for lightbar $49.87 HS+C-VS-1308-INUT 1 Havis 21" Veh Speific Utility Int. Console $251.67 HS -C -ARM -103 1 Havis Shield Adjustable Armrest $79.32 HS-C-CUP2-1 1 Havis Shield -4 inch High Plate -2 Cup Holders $28.22 SET-PK01231TU122ND 1 Setina 12VS coated Exp. Metal Partition 2012-18 FPI Utility $286.30 SET-QK06351TU12 1 Setina Full Replacement Transport Seat TPO with center Pull seat belts and #12 Exp Metal Cargo Partition $876.96 SET-PT01851TU12 1 Setina VS Partition Transfer Kit 12-18 Utility with lower ext. Panel $172.08 PDU-8S 1 Power Distribution Panel (PDP) $324.95 SET-TK0251TU12 1 Setina Cargo Box W/ TFN Tray, BSK Base $676.08 SET-TPA9289 1 Setina Cargo Radio Tray with no lock $275.04 VP216 1 Tufloc Universal Overhead AR15 mount with partitions $239.99 SET-TPA12419 1 Setina Sliding Cargo Box Top Sliding whiteboard $265.68 TF02371TU12 1 Free Standing Brackets $50.00 Freight $500.00 Total: $5,946.06 COMMUNITY EMERGENCY OPERATIONS CENTER AGREEMENT STATE OF TEXAS § COUNTY OF BRAZOS § THIS COMMUNITY EMERGENCY OPERATIONS CENTER AGREEMENT (herein the "Agreement') is effective on the execution date of the last signing party, by and between the City of Bryan, a Texas Home Rule Municipal Corporation (hereinafter referred to as 'Bryan"), and the City of College Station, a Texas Home Rule Municipal Corporation (hereinafter referred to as "College Station"), Brazos County, Texas, a political subdivision of the State of Texas (hereinafter referred to as the "County") and Texas A&M University, a member of The Texas A&M University System, an agency of the State of Texas (hereinafter referred to as "TAMC"); and WHEREAS, the parties are entering into this Agreement to coordinate plans and assets to provide for the protection of the health, life and property of the citizens of the Brazos Valley during times of natural disasters or man-made calamities; and WHEREAS, the parties are authorized to make and enter into this Agreement under the Interlocal Cooperation Act (Subchapter B of Chapter 791 of the Texas Government Code), the Texas Disaster Act (Texas Government Code Chapter 418) and other applicable laws of the State of Texas pertaining to emergency services; and WHEREAS, the parties have combined emergency management departments into one central location to increase communication, reduce costs and better coordinate services from one central point in the event of a natural or man-made disaster; and WHEREAS, the primary objectives for operating the Community Emergency Operation Center are to: (a) Operate a central location to achieve the least possible operational costs for the parties; and (b) Combine services in one location to improve communications among the parties and deliver emergency services in a coordinated and efficient manner. NOW THEREFORE, Bryan, College Station, the County and TAMU in consideration of the covenants and conditions contained in this Agreement agree as follows: Pg. CEOC ILA 2018-2013 Page - 1 - of 9 ARTICLE 1. DEFINITIONS Section 1.01. DEFINITION OF TERMS. In addition to the definitions stated in the preamble hereof, the terms and expressions as used in this Agreement, unless the context clearly shows otherwise, shall have the following meanings: (a) "Agreement' means this contract and any amendments or renewals regarding this Agreement executed by the parties with respect to the establishment of a Community Emergency Operation Center. (b) `Board" means the Policy Advisory Board to the Community Emergency Operation Center. (c) "City" or "Cities" means a Texas home rule municipality, specifically College Station and Bryan. (d) "Community Emergency Operation Center" or "CEOC" means the centralized joint operation of the parties' emergency services departments in the Leased Premises in Bryan, Texas. (e) "Landlord" means Fibertown DC, LLC. (f) "Leased Premises" means space within the Wimberly Building, 110 North Main Street, Bryan, Brazos County, Texas as described in paragraph 4.02. ARTICLE II. STATEMENTS RELATED TO GENERAL PURPOSE Section 2.01. OVERALL PURPOSE. The Cities of Bryan and College Station, the County and, TAMU enter into this Agreement to operate the Community Emergency Operations Center (hereinafter referred to as the "CEOC"). The primary purpose of the CEOC is to achieve a cost savings to the parties by the elimination of duplication of services and to provide a more effective, efficient delivery of emergency services for the participants in the CEOC through the joint operation of one (1) central location for such services. ARTICLE III. ORGANIZATION AND GOVERNANCE Section 3.01. POLICY ADVISORY BOARD. The parties do hereby establish a Policy Advisory Board (Board). The Board shall be comprised of four (4) voting members as follows: the Mayors of Bryan and College Station, the County Judge, and the President of TAMU or a designee for each such party, as authorized by their respective governmental body. Section 3.02. BOARD DUTIES AND MEETINGS. The Board shall have the power to request, receive, and review such information as it deems necessary to provide recommendations to the Bryan City Council, the College Station City Council, the County Commissioners Court, CEOC ILA 2018-2023 SOI, P9� �� Page - 2 - of 9 and TAMU administration regarding the CEOC's joint purchases, if any; long range plans and future space requirements; the CEOC's effectiveness in achieving the purpose set forth herein; and to resolve and recommend solutions to any unforeseen administrative issues. The Board has no authority over personnel matters. The Board has no rule-making power and is not a governmental body as defined in §551.001 of the Texas Government Code. The Board shall, however, provide notice of its meetings and conduct its meetings in the same manner as a governmental body is required to do under the Texas Open Meetings Act, Chapter 551, Texas Government Code. The Board shall meet annually, or as often as it deems necessary to meet its duties under this Section. Any member of the Board shall have the authority to call a meeting of the Board upon fifteen (15) calendar days' prior written notice. ARTICLE IV. GENERAL OPERATING REQUIREMENTS Section 4.01. CENTER OPERATOR. Each party shall employ its own staff to man its individual emergency office at the CEOC. Each party agrees to house its current emergency management staff at the CEOC. There shall be one (1) paid administrative support staff member at the CEOC. The College Station support staff member shall remain an employee of College Station, subject to the control and direction of the City Manager of College Station. The City Managers of College Station and Bryan, the County Judge, or designated representatives, and designated representatives of TAMU shall approve the essential duties and job functions of the CEOC staff. Bryan, the County, and TAMU shall each reimburse College Station twenty-five percent (25%) of such staff support member's salary and other employee benefits when invoiced by College Station. The Policy Advisory Board shall make recommendations as to the operation and management of the CEOC. However, separate emergency management protocols as approved by the parties under agreements or as required by state and federal laws or regulations applicable to the specific nature and location of emergency events shall dictate the management, chain of command and general operating procedures for a CEOC event. Section 4.02. LEASE. Bryan has executed a lease with Fibertown DC, LLC (a.k.a., Astin Redevelopment, L.P.) which has been assigned to Landlord for the rental of a portion of the Wimberly Building, 110 North Main Street, Bryan, Brazos County, Texas (herein the "Lease") within which the CEOC shall be housed. Bryan shall not execute the Lease without the prior consent of all parties to this Agreement. College Station, the County, and TAMU shall each reimburse Bryan for twenty-five percent (25%) of the rents and other expenses set forth therein. The parties herein agree, as among themselves, that Bryan shall provide a credit to each party equal to each party's proportionate share of any rent abatement granted by the Landlord in the event of a partial destruction of the Leased Premises as set forth in Paragraph 6.5(b) of the Lease. Such apportionment shall be a ratio equal to each party's damaged or destroyed square footage divided by the total square footage of the leased premises and multiplied by the abated rent. Bryan shall not modify the Lease without the written consent of College Station, the County, and TAMU. Bryan shall forward to College Station, the County, and TAMU all Notices it receives from the Landlord relative to the Leased Premises and shall not settle any dispute arising under the Lease without the advice and consultation of College Station, the County, and TAMU. No later than three (3) business days before the due date for the advance payment of rent each month under the Lease, each party shall pay to Bryan their proportionate share. Each month, following the payment of Vol. �_`7� � 9._�� _ CEOC ILA 2018-2023 - � � Page - 3 - of 9 rent due under the Lease, Bryan shall provide to each party a receipt or other satisfactory evidence verifying that the rent has been paid to Landlord. Section 4.03. COSTS. Each party agrees to be responsible for one-fourth (1/4) of the cost of operating the CEOC including, the salary and benefits of one paid support staff member, rent and other expenses, including any general liability insurance, under the Lease, any damages to the Leased Premises caused by the parties, their agents, employees, licensees, invitees, or visitors and determined to be owed to the Landlord, any increased electrical costs for non-standard service in the Leased Premises, any shared cost agreed to and approved by the Board, and any other joint costs arising from the operation of the CEOC. Except for the payment and maintenance of personnel files of one (1) support staff member under paragraph 4.01 by College Station, or as otherwise provided in this Agreement, Bryan shall be responsible for maintaining all records and paying all invoices and any other bills that may arise from the operation of the CEOC. Bryan shall issue a quarterly invoice to all parties setting forth each party's proportional share of the costs and expenses of the CEOC other than rent due under the Lease. Bryan shall bill the other parties for any non -routine costs by itemized statement as soon after the expenses are incurred as possible, but not later than sixty (60) days. ARTICLE V. FINANCIAL REQUIREMENTS Section 5.01. SHARED ASSETS. All personal property contributed by the parties for use by all parties at the CEOC and all such property acquired in the future for such purposes shall be held and owned by the Cities, the County, and TAMU as tenants in common, with each party having a one-fourth (1/4) undivided interest unless otherwise agreed and specified under subsection (a), (b) or (c). Except as otherwise provided in this paragraph or by other consensus of the parties as reflected in the inventory under subsection (c), a third party hired by the County in accordance with applicable bidding requirements of State law shall maintain all shared assets. As of the date this Agreement is executed, the parties agree that audio -video equipment, network and Internet access equipment, phone system software and equipment, shared access computers, and wireless antenna(s) owned by the parties installed at the Leased Premises will be considered shared assets for purposes of this Article V. The WEBEOC software maintenance shall be paid by the County. Bryan, College Station, and TAMU shall each reimburse the County twenty-five percent (25%) of the annual cost of such software maintenance upon receipt of an invoice from the County. The brazosceoc.org website shall be registered, supported, and maintained by the City of Bryan. As of the date this Agreement is executed, the parties agree that audio -video equipment, network and Internet access equipment, phone system software and equipment, shared access computers, and wireless antenna(s) owned by the parties shall be monitored, supported, and maintained equally by the parties. The parties shall budget for, and share equally, the cost of such maintenance and support, other than the cost of support personnel. (a) RESTRICTED SHARED ASSETS. In the event personal property proposed to be contributed by any party for CEOC shared use is subject to restrictions or prohibitions against sale, transfer, assignment, lease, conveyance, or other such restrictions under applicable grant or funding agreements or is subject to exclusive maintenance contracts, or otherwise, the contributing party shall provide written notice to the other _o2 GS-_ pg 7 CEOC ILA 2018-2023 Page - 4 - of 9 parties of such restrictions or prohibitions for a determination by the parties whether, and under what terms and conditions, the property shall be accepted and utilized for CEOC shared use. The terms and conditions under which such property will be accepted for shared CEOC use shall be set forth in the inventory required by subsection (c). (b) NON-CEOC PROPERTY. All property, furniture, equipment, and software used by each party in connection with the employment and housing of its individual emergency management staff within the areas of the Leased Premises designated for occupancy by each party separate from the common area shall remain the property and responsibility of the party owning such property, furniture, or equipment at the time it is delivered to the Leased Premises. (c) PROPERTY INVENTORY. Upon execution of this Agreement, the parties shall prepare and agree upon an inventory of all property, equipment, software, licenses, and related items contributed for shared CEOC use showing, at a minimum as to each separate item contributed, the following: the name of the contributing party; 2. whether the property contributed shall be owned under tenancy in common or shall revert back to the contributing party upon the end of its usefulness to the CEOC, dissolution of the CEOC, or withdrawal from participation in the CEOC by the contributing party; 3. applicable grant or other restrictions as to use or maintenance; 4. the entity or third party responsible for maintenance; 5. an identification, serial or tracking number or code; 6. limitations or restrictions on access or use necessary for the protection of secure, proprietary, or confidential information; and 7. any other information as deemed appropriate by agreement of the parties. The inventory shall be amended and supplemented as items are purchased jointly or contributed by individual parties or removed. Software and any related software licenses shall be included within this inventory. Section 5.02. BUDGETED FUNDS. All expenses required to be paid herein shall be paid solely from lawfully available funds that have been appropriated by the Cities, the County, and TAMU. [vco)l. 01 �Pg.—z CEOC ILA 2018-2023 `� y �4 Page - 5 - of 9 ARTICLE VI. TERM Section 6.01. This Agreement shall be effective on the effective date and the term begins on April 18, 2018, and shall terminate on April 17, 2023. ARTICLE VII. TERMINATION AND DISSOLUTION Section 7.01. WITHDRAWAL FROM AGREEMENT. Any party to this Agreement may terminate its participation in the CEOC and withdraw from this Agreement upon providing at least 120 calendar days' written notice to the non -terminating parties, but shall remain liable for its share of the rent owing pursuant to the Lease and associated CEOC operation expenses due through the effective date of withdrawal as indicated in such notice; provided, however, if a party terminates due to its failure to appropriate funds as stated in Paragraph 5.02. above, such entity may terminate effective as ofthe date previously authorized funding for participation in the CEOC expires and without payment of said rent and associated operation expenses for which funding is not authorized. The withdrawing party, no later than the effective date of its withdrawal, shall remove all property and personnel not shared for use by the CEOC, but shall do so in a manner and at such times as to minimize any interference with the efficient operations of the CEOC and the other parties. Only if the inventory list under section 5.01(c) specifically indicates that particular property contributed by a withdrawing party shall revert back to such party upon its withdrawal shall the withdrawing party be entitled to remove such property. (a) RESPONSIBILITIES OF NON -TERMINATING PARTIES. Should a party terminate as stated above, the remaining parties may negotiate new terms for the apportionment of expenses and delegation of responsibility, as applicable, under this Agreement. During the period of negotiating new terms of agreement, each party shall be responsible for its increased proportionate share of expenses required to be paid under this Agreement. If the parties are unable to negotiate and approve new terms within 60 calendar days after the receipt of notice of any party's intent to withdraw from this Agreement (the "Renegotiation Deadline"), Bryan may terminate the Lease with Landlord effective 60 calendar days after the Renegotiation Deadline or any agreed extension thereof. If Bryan terminates the Lease under this paragraph, the other parties shall continue to reimburse Bryan for their increased proportionate share of rent and other expenses due under the Lease through the effective Lease termination date and, to the extent permitted by law, shall reimburse Bryan for their proportionate share of termination expenses due under the Lease. If the parties are unable to negotiate and approve new terms of agreement for the joint operation of the CEOC, but Bryan elects to not terminate the Lease, the other parties shall vacate the leased premises on or before the 60" calendar day after the Renegotiation Deadline or any agreed extension thereof and shall continue to reimburse Bryan for their increased proportionate share of rent and other expenses due under the Lease through the end of such 60 calendar day period. V'ol,_o� GJ_. py.—�� CEOC ILA 2018-2023 �� _ Page - 6 - of 9 Section 7.02. DISSOLUTION. Upon dissolution of the cooperative venture of the parties under this Agreement by expiration or termination of this Agreement, the parties shall conduct an inventory and appraisal of property and assets. (a) RESTRICTED PROPERTY. Any property or assets designated by the inventory created under Section 5.01(c) to be retained or returned to the party from which it was contributed shall be returned to such contributing party. All remaining property shall be presumed to be owned by the parties as tenants in common. (b) TENANCY IN COMMON PROPERTY. All remaining property and assets acquired collectively for CEOC use and owned by the parties as tenants in common shall be distributed equitably among the parties pursuant to terms of a written mutual agreement. A dollar value representing the value of property received by each party through the distribution process in this subparagraph (b) (the "Individual Deduction Amount") shall be allocated to each party. If the parties are unable to negotiate an agreement for the equitable distribution of all or any of the remaining property, such remaining property shall be sold by sealed bid or auction in accordance with applicable laws. The proceeds of such sale and/or auction will be distributed equitably among the parties as follows: the total value of proceeds received from sale and/or auction shall be added to the total value of property distributed to the parties under this subparagraph (b) (the "Total Gross Value"); the Total Gross Value shall be divided by the number of parties participating in the CEOC at the time of dissolution (the "Individual Gross Amount Due"); each party shall be paid the difference between the Individual Gross Amount Due and such party's Individual Deduction Amount. (c) SURPLUS PROPERTY. To the extent allowed by applicable laws governing the disposal of surplus property, the parties may agree to donate items of personal property to authorized entities. ARTICLE VIII. GENERAL PROVISIONS Section 8.01. NOTICES. Any and all notices and invoices that may be required under the terms of this Agreement shall be mailed to the parties at the addresses indicated below or at such address as any of the parties may furnish in writing to the other parties herein named: College Station Bryan Brazos County Texas A&M University Attn: City Manager Attn: City Manager Attn: County Judge Attn: University President P.O. Box 9960 P.O. Box 1000 300 G 26th Street, 1246 TAMU College Station, TX 77842 Bryan, TX 77805 Bryan, TX 77803 College Station, TX 77843-1246 Section 8.02 This Agreement may be amended only by the mutual written consent of all parties. Section 8.03. ASSIGNMENT, This Agreement shall be restricted to the Cities of Bryan and College Station, the County, and TAMU. The rights, privileges, and responsibilities pursuant __� _� CEOC ILA 2018-2023 ! � Page - 7 - of to this Agreement are specifically prohibited from assignments to agents, contractors, and/or franchisees performing services on behalf of the principals of this Agreement. Section 8.04. AUTHORITY. This Agreement has been officially authorized by the governing body of each party hereto and each signatory to this Agreement guarantees and warrants that the signatory has full authority to execute this Agreement and to legally bind the respective party to this Agreement. Section 8.05. CONSTRUCTION. The terms and conditions of this Agreement are not intended and shall not be construed as altering, changing, or in any way superseding the Interjurisdictional Emergency Operation Plan or the Mutual Aid Agreement among the parties hereto. In the event any provisions herein are inconsistent with any provisions of the Interjurisdictional Emergency Operation Plan or the Mutual Aid Agreement, the terms and conditions of those Agreements shall govern. Section 8.06. COUNTERPARTS. This Agreement may be executed in four (4) or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. Section 8.07 The parties hereto covenant and agree to execute all such further instruments and take such further action as may be reasonably required by any party to fully effectuate the terms and provisions of this Agreement and the transactions contemplated herein. Section 8.08 RELATIONSHIP OF THE PARTIES. '['his Agreement does not create a partnership or joint venture between the parties. No party may obligate or bind another party in any manner. [signature page follows] Vol. � 5" pg, �% CEOC ILA 2015-2023 -- Page - S - of 9 F �a Date: ATTEST: Mary Lynne tratta, City Secretary Date: /—/o7 -A' APPROVED AS TO CONTENT: Kean Register, Manager Date: i APPROVED AS TO FORM: Janis K. Hampton, City Attorney Date: / - S- Z 7= =7-� Duane Peter , Ju ge Date: ) Z ATTEST: Karen Me Date: CEOC ILA 2018-2023 Clerk ., Am AI SI m� City ecrct Date: /Z—/5—/*7 AS TO CONTENT: City i Date: AP OVED AS TO FORM: e - �" ty AIto /rney Date: -/ (-Zy - l T Zn7ERSITY Dr. rrr/R. Strawser, Executive Vice President and Chief Financial Officer Date: tt kzybl Vol. PP (g Page -9 -of 9 FUNDING AGREEMENT BETWEEN BRAZOS COUNTY AND EASTER SEALS GREATER HOUSTON THIS FUNDING AGREEMENT ("Agreement") effective October 1, 2017 is entered into by and between Brazos County, Texas, acting by and through its duly elected County Commissioners (hereinafter "County"), and the Easter Seals Greater Houston (hereinafter "Service Provider"), located at 3211 S. Texas Avenue, Suite A, Bryan, Texas 77802. RECITALS WHEREAS, the medical care of the County's eligible indigent population has become a growing problem; and WHEREAS, pursuant to Chapter 61 of the Texas Health and Safety Code, the County is the payor of last resort for the provision of basic health care services to eligible indigent county residents; and WHEREAS, the County is required by Chapter 61 of the Health and Safety Code to provide, as a payor of last resort, certain basic health care assistance to its eligible count residents and desires to do so through the Service Provider, NOW THEREFORE the parties agree to the following terms and conditions to provide such eligible indigent health care. AGREEMENT Term The Agreement shall continue in force and effect for a term of twelve (12) months commencing on the 1st day of October, 2017 and terminating 30th day of September, 2018. Cancellation This Agreement may be canceled by any of the parties hereto upon sixty (60) days written notice as provided herein. Services to be Performed by Service Provider Service Provider shall provide the following services through trained, staff to qualified county residents pursuant to the guidelines currently implemented for making such determination: rehabilitation services, physical therapy, occupational therapy, speech-language therapy, autism diagnosis and social services to the indigent Haster Seals Greater Houslon Page l of l5 population of Brazos County who have been diagnosed with disabilities, developmental delays or those who are at risk of developing a delay (collectively "Services"). Use of County Funds Funds to be furnished to Service Provider as stated below shall be used provide Services to eligible indigent applicants ages 0 to 3. County's Payment The County agrees to provide the Service Provider a maximum sum of $35,000.00 ("Funds") for the term of this Agreement. Responsibilities of Service Provider Service Provider will be responsible for providing the following Services pursuant to this Agreement: 1. Completing all necessary application forms to potentially eligible indigent individuals. 2. Obtaining and compiling information on each applicant for Service Provider's Services with regard to residency and financial qualifications. 3. Maintaining this Agreement. 4. Provision of the Service Provider's Services as defined herein. 5. Maintaining data files on clients/patients and the Services provided thereto. 6. Responding to all and any inquiries by the County regarding the Service Provider and its Services. 7. Assisting the County with information needed for audit purposes 8. Providing the County with quarterly financial statements. 9. Providing the County with any and all certified audits of Service Provider and the management letter prepared in connection therewith. 10. Providing financial statements evidencing how County funds are spent. Such statements to be submitted to County one (1) week prior to the funding dates set forth herein above. 11. Providing the County with statistics evidencing the number of Brazos County Gaster Seals Greater Houston Page 2 of15 Pg. �` residents using the Service Provider's Services and the percentage Brazos County residents comprise of the total population using Service Provider's services. Record Retention The Service Provider shall be responsible for record keeping on all Services provided to those individuals using its services and all financial records. The Service Provider agrees to maintain and make available for inspection by the County upon request, consistent with personal privacy, and subject to the limitation of state law, any and all records the County determines, in its sole discretion, to be necessary for the County to justify its continued participation in supporting the Service Provider with funding. Such records shall be retained for at least three (3) years from the date the service was provided. These records shall be made available for inspection and audit by the County, if it so desires. Accounting and Audit The Service Provider agrees that County, or its designated representative, shall have the right to review and to copy any .records and supporting documentation pertaining to the performance of this Agreement. The Service Provider agrees to maintain such records for possible audit for a minimum of three (3) years after the termination date of this Agreement, unless a longer period of records retention is stipulated. The Service Provider agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. The Service Provider agrees that County, or its designated representative, shall further have the right to review and to copy any records and supporting documentation for prior years in which County provided funds to the Service Provider under prior Agreements. Any audit will be conducted by County personnel or an independent third parry, as determined by the Brazos County Commissioners Court. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the Service Provider. Discrimination The Service Provider shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Service Provider shall take affirmative action to ensure that applicants who are employed are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rated of pay or other forms of compensation; and selection for training, including apprenticeship. The Service Provider agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. Easter Seals Greater Houston �Page 3 of I5 Vol._02 �,Si' Pg._ �5� Confidentialit The Service Provider shall comply with applicable local, State and Federal statutes, laws and regulations as well as administrative rules regarding confidential records or other information obtained by the Service Provider concerning persons served under this Agreement. The records and information shall be protected by the Service Provider from unauthorized disclosure. Health Insurance Portability and Accountability Act. The Service Provider certifies that it is in compliance with the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Public Law No. 104-191, 45 CFR Parts 160, 162 and 164, the Social Security Act 42 U,S.C. 1320d-2 through 1320d-7, in that such Service Provider may.not use or disclose protected health information other than as permitted. or required by law and agrees to use appropriate safeguards to prevent use or disclosure of the protected health information. The Service Provider shall maintain for a minimum of six (6) years all protected health information. Indemnity The Service Provider agrees to and shall indemnify and hold harmless and defend the County, its officers, agents, and employees from and against any and all claims, losses, damages, causes of action, suits, and liability of any kind, including claims of respondent superior or vicarious liability, including all expenses of litigation, court costs, and attorney's fees, for injury to or death of any person or any breach of Agreement arising out of or in connection with any work done by the Service Provider pursuant to this Agreement. Insurance Each party to this agreement is responsible for maintaining its own liability insurance and worker's compensation insurance, and each party will provide proof of same to the other party on request. The Service Provider shall maintain during the term of this Agreement a $1,000,000.00 malpractice insurance policy and a General Liability Policy of $1,000,000.00 naming Brazos County, as an additional insured. Such coverage shall be designated as primary over any coverage Brazos County may have in force. Service Provider shall provide a Certificate of Insurance for both policies which shall provide for a fifteen (15) days advance notice to County of the cancellation of such policy, Independent Contractor In all activities or Services performed hereunder, the Service Provider is an independent contractor, and not an agent or employee of the County. The Service Provider, as an independent contractor, shall be responsible for all medical services Easier Seals Greater Houston �� Page 4of15 V(JI. _02 5 _ Pg.-ikC I` provided and medical decisions made pursuant to the terms of this Agreement. The Service Provider shall supply all materials, equipment and labor required for providing of medical services as required herein. The Service Provider shall have ultimate control over the execution of the work under this Agreement. County shall have no control over any decision, recommendation, or action taken by the Service Provider pursuant to this Agreement. The County assumes no liability for actions of the Service Provider under this Agreement, including, but not limited to, the. negligent acts and omissions of Service Provider's agents, employees and subcontractors in their performance of the Service Provider's duties as described under this Agreement. The Provider agrees to hold harmless Brazos County against any and all liability, loss, damage, cost or expenses, including attorney's fees, arising from the intentional torts, negligence or breach of Agreement of the Service Provider, with the exception of acts performed in conformance with an explicit, written directive of the County, through its authorized agents. The Service Provider may not subcontract any portion of this Agreement nor delegate any duties hereunder without prior written approval by Brazos County. In emergencies, the Service Provider will request approval in writing within at least (24) twenty-four hours of the use of a subcontractor to fulfill any obligations of this Agreement. Licensinq The Service Provider is required to maintain all applicable licensing permits to practice medicine. All permits to or certification necessary to operate the Provider's clinics shall also be maintained. Copies of any applicable licenses are to be filed with Brazos County. Events of Default: The following shall be considered events of default: a. Failure to maintain license to practice medicine or any restrictions being placed upon such license by the Texas State Board of Medicine making the providing of services hereunder impossible or difficult. b. Failure to maintain all permits and licenses necessary to keep Service Provider's clinics in operation. c. Cancellation of Service Provider's medical malpractice insurance. Upon an event of default, the County may terminate this Agreement on three (3) days written notice mailed by certified mail return receipt requested to the address listed below. Easter Seals Creaser Houston Page 5 ofl5 Vol. Ao2 J�__ Pg.,_8 Right of Audit and Monitoring Service Provider agrees that County, or its designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Service Provider agrees to maintain such records for possible audit for a minimum of three (3) years after the termination date of this Agreement, unless a longer period of records retention is stipulated. Service Provider agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Service Provider agrees that County, or its designated representative, shall further have the right to review and to copy any records and supporting documentation for prior years in which County provided funds to the Service Provider under prior Agreements. Any audit will be conducted by County personnel or an independent third party, as determined by the Brazos County Commissioners Court. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the Service Provider. Venue and Governing Law The venue of this Agreement is Brazos County, Texas, and this Agreement shall be governed by and in accordance with the laws of the State of Texas. Notices All notices required to be given hereunder shall be deemed to be duly given by delivering such notice or by mailing it, registered mail to the other party at the following addresses: Easter Seals Greater Houston C/O CEO 4888 Loop Central Dr., Suite 200 Houston, TX 77081 Further Assurances Brazos County C/0 Commissioners Court 200 S. Texas Ave., Suite 310 Bryan, Texas 77803 Each party hereto agrees to perform any further acts and to execute and deliver any further documents which may be necessary to carry out the provisions of this Agreement. Severability In the event that any of the provisions or portions thereof, of this Agreement, are Gaster Seals Grealer Howson 4 Page 6aj15 held to be unenforceable or invalid by any court of competent jurisdiction, the validity and enforceability of the remaining provisions or portions thereof shall not be affected thereby. Amendments This Agreement may be modified or amended at any time during its term by mutual consent of the parties, expressed in writing, and signed by the parties. Waiver No failure of Brazos County to assert any right or remedy hereunder will act as a waiver of its right to assert such right or remedy at a later time nor constitute a "course of business" upon which Service Provider may rely, for the purpose of denial of such a right or remedy to Brazos County. Prior Notification The Service Provider agrees to notify Brazos County prior to issuing public announcements or press releases concerning work done pursuant to this Agreement, or funded in whole or in part by this Agreement, and to cooperate with Brazos County in joint or coordinated releases of information. Notice of Change The Service Provider shall give thirty (30) days prior written notice to Brazos County, if there is a change in the Service Provider's legal status, federal employer identification number (FEIN) or address. Brazos County reserves the right to take any and all appropriate action. The Service Provider agrees to hold harmless Brazos County for any acts or omissions by the County resulting from the Service Provider's failure to notify of these changes. In the event Service Provider becomes a party to any litigation, investigation or transaction that may reasonably be considered to have a material impact on its ability to perform under this Agreement, the Service Provider will immediately notify Brazos County in writing. Tax Exempt Status As a political subdivision of the State of Texas, Brazos County is tax exempt. Tax exemption certification will be furnished upon request. Sovereign Immunity This Agreement is expressly made subject to Brazos County's Sovereign Immunity, Title 5 of the Texas Civil Practices and Remedies Code, and all applicable Federal and State law. The parties expressly agree that no provision of this Agreement is in any way intended to constitute a waiver or any immunities from suit or from liability E J7- Pg. Easter Seals Greaser Houston `� Page 7 of 15 that the Brazos County has by operation of law. Nothing in this Agreement is intended to benefit any third party beneficiary. Assignability This Agreement is not assignable by the Service Provider without the prior written consent of the County. Fiscal Funding Clause Notwithstanding any provisions contained herein, the obligations of the County under this Agreement are expressly contingent upon the availability of funding for each item and obligation contained herein for the term of the Agreement and any extensions thereto. The Service Provider or any other person or entity directly or indirectly employed by the Service Provider or any other person or entity to whom the Service Provider may be liable to, shall have no right of action against the County in the event the County is unable to fulfill its obligations under this Agreement as a result of lack of sufficient funding for any item or obligation from any source utilized to fund this Agreement or failure to budget or authorize funding for this Agreement during the current or future fiscal years. In the event that the County is unable to fulfill its obligations under this Agreement as a result of lack of sufficient funding, or if funds become unavailable, the County may, in its sole discretion, provide funds from a separate source or may, in its sole discretion, terminate this Agreement by written notice to the Service Provider at the earliest possible time under the circumstances. Entire Agreement This Agreement contains the entire understanding between the parties hereto concerning the subject matter contained herein: There are no representations, agreements, arrangements, or understandings, oral or written, between or among the parties hereto, relating to the subject matter of the Agreements, which are not fully expressed herein. In witness whereof, the parties hereto have caused this Agreement to be executed by their duly authorized representatives. SERVICE PROVIDER Easter SeaGreater Houston Elise Houg , CEO G ate / O '�I:)i o2 G�5 P<� Easter Seals Greater Houston Page S q(15 BRAZOS COUNTY, TEXAS Duane Peters County Judge ATTEST: IZ�I-7 Date Karn McQueen, Co— nt� 9- i Easter Seals Greater Houston Page 9 q(15 BRAZOS COUNTY BUSINESS ASSOCIATE AGREEMENT A. Acknowledgment of HIPAA Obligations and Other Regulations Implementing the "HI( PAA"). The parties acknowledge that federal regulations relating to the confidentiality of individually identifiable health information require covered entities to comply with the privacy standards adopted by the U.S. Department of Health and Human Services as they may be amended from time to time, 45 C.F.R. parts 160 and 164, subparts A and E ("the Privacy Rule") and the security standards adopted by the U.S. Department of Health and Human Services as they may be amended from time to time, 45 C.F.R. parts 160, 162 and 164, subpart C ("the Security Rule"). Collectively, the Privacy Rule and the Security Rule are referred to herein as "HIPAA Rules." The HIPAA Rules, as well as any applicable state confidentiality laws, require Covered Entity to ensure that business associates who receive confidential information in the course of providing services on behalf of Covered Entity comply with certain obligations regarding the confidentiality of health information. "Covered Entity" and "Business Associate" are defined in the HIPAA Rules, and for the purposes of this Agreement, shall refer to Brazos County and Service Provider, respectively. B. Purposes for which Protected Health Information May Be Used or Disclosed. In connection with the services provided by Business Associate on behalf of Covered Entity pursuant to this Agreement, Covered Entity may use and disclose protected health information ("PHI"), as defined in the HIPAA Rules. C. Business Associate Obligations. Business Associate agrees to comply with applicable federal and state confidentiality and security laws, including, but not limited to the Privacy Rule and Security Rule, including without limitation: Use of Protected Health Information ("PHI"). Business Associate shall not use PHI except as necessary to fulfill the purposes of this Agreement. Business Associate is permitted to use and disclose PHI as necessary for the proper management and administration of Business Associate or to cant' out its legal responsibilities and its responsibilities under this Agreement. However, Business Associate shall in such case: (a) provide training to members of its workforce regarding the confidentiality requirements in the HIPAA Rules and this Agreement; (b) obtain reasonable assurances from the person to whom the information is disclosed that it will be held confidential and further used and disclosed only as required by law or for the purpose for which it was disclosed to the person or entity; Laster Seals Greater Houston Page 10 of 15 (c) agree to notify the Covered Entity of any instances of which it is aware in which the PHI is used or disclosed for a purpose that is not otherwise provided for in this Agreement or for a purpose not expressly permitted by the HIPAA Rules; and (d) ensure that all disclosures of PHI are subject to the principle of "minimum necessary use and disclosure," i.e., only PHI that is the minimum necessary to accomplish the intended purpose of the use, disclosure, or request may be disclosed. 2. Disclosure to Third Parties. If Business Associate discloses PHI received from Covered Entity, or created or received by Business Associate on behalf of Covered Entity, to agents, including a subcontractor, Business Associate shall require the agent to agree to the same restrictions and conditions that apply to Business Associate under this Agreement. Business Associate shall ensure that any agent, including a subcontractor, agrees to implement reasonable and appropriate safeguards to protect the confidentiality, integrity, and availability of the electronic PHI that it creates, receives, maintains, or transmits on behalf of the Covered Entity. Business Associate shall be fully liable to Covered Entity for any acts, failures or omissions of the Agent in providing the services as if they were Business Associate's own acts, failures or omissions, to the extent permitted by law. Business Associate further expressly warrants that its Agents will be specifically advised of, and will comply in all respects with, the terms of this Agreement. 3. Data Aggregation. In the event that Business Associate works for more than one Covered Entity, Business Asscclate is permitted to use and disclose PHI, but only in order to analyze data for permitted health care operations, and only to the extent that such use is permitted under the HIPAA Rules or the issuing court's orders. 4. De -identified Information. Use and disclosure of de -identified health information is permitted, but only if (i) the precise use is disclosed to Covered Entity and permitted by Covered Entity in its sole discretion and (ii) the de -identification is in compliance with 45 CFR §164.502(d), and any such de -identified health information meets the standard and implementation specifications for de -identification under 45 CFR §164.514(a) and (b). 5. Notice of Privacy Practices. Business Associate shall abide by the limitations of any Notice of Privacy Practices ("Notice") published by the Covered Entity of which it has knowledge. Covered Entity shall provide to Business Associate such Notice when it is adopted. Any use or disclosure permitted by this Agreement may be amended by such Notice. However, the amended Notice shall not affect permitted uses and disclosures on which Business Associate relied prior to such notice. i Easter Seals Greater Houston _-_-_ _ �. 1 Page 11 oj15 6. Withdrawal of Consent or Authorization. In the absence of applicable court orders governing the Business Associate's responsibilities, if the use or disclosure of PHI in this agreement is based upon an individual's date of such authorization has expired, or the consent or authorization is found to be defective in any manner that renders it invalid Business Associate shall if it has notice of such revocation, expiration or invalidity, to cease the use and disclosure of any such individual's PHI except to the extent it has relied on such use or disclosure or where an exception under the Privacy Rule expressly applies. 7. Use or Disclosure That Would Violate HIPAA. Business Associate is prohibited from further use or disclosure of PHI in a manner that would violate the requirements of the HIPAA Rules if the PHI were used or disclosed by the Covered Entity. S. Safeguards. Business Associate shall maintain appropriate safeguards to ensure that PHI is not used or disclosed other than as provided by this Agreement or as Required by Law. Business Associate shall implement administrative, physical and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of any electronic PHI it creates, receives, maintains, or transmits on behalf of Covered Entity. 9. Records Management. Upon termination of this Agreement, Business Associate agrees to return or destroy all PHI received from Covered Entity that Business Associate maintains in any form and shall comply with federal and state laws as they may be amended from time to time governing the maintenance or retention of PHI. If the return or destruction of PHI is not feasible, Business Associate agrees to extend the protections of this Agreement to the information and limit further uses and disclosures to those purposes that make the return or destruction of the information infeasible. 10. Individual Rights Regarding Designated Record Sets. If Business Associate maintains a designated record set (as defined in the HIPAA Rules) on behalf of Covered Entity, Business Associate agrees as follows: (a) Correction of PHI. Business Associate agrees that it will amend PHI maintained by Business Associate as requested by Covered Entity. (b) Individual Right to Copy or Inspection. Business Associate agrees that, if it maintains PHI in a designated record set for the Covered Entity, it will permit an individual to inspect or copy PHI about the individual in that set under conditions and limitations required under Easter Seals Greater lioustan CV ���vx�,.+^.�V•^_4' Page 12 af15 45 CFR §164.524. The Covered Entity is required to take action on such requests as soon as possible but not later than 30 days following receipt of the request. Business Associate agrees to make reasonable efforts to assist Covered Entity in meeting this deadline, to the extent the requested information is maintained by Business Associate and not the Covered Entity. The information shall be provided in the form or format requested, if it is readily producible in such form or format; or in summary, if the individual has agreed in advance to accept the information in summary form. A reasonable, cost -based fee for copying health information may be charged. (c) Individual Right to Amendment. Business Associate agrees, if it maintains PHI in a designated record set, to make amendments to PHI at the request and direction of Covered Entity pursuant to 45 CFR §164.526. If Business Associate maintains a record in a designated record set that is not also maintained by Covered Entity, Business Associate agrees that it will accommodate an individual's right to have access to and amend PHI about the individual in a designated record set in accordance with the Privacy Rule set forth at 45 CFR §164.526, unless the regulation provides for a denial or exception that applies. 11. Accounting of Disclosures. Business Associate agrees to make available to the individual and/or the Covered Entity from whom the PHI originated, information required for an accounting of disclosures of PHI with respect to the individual, in accordance with 45 CFR §164.528, and incorporating exceptions to such accounting designated under the regulation. Such accounting is limited to disclosures that were made in the six (6) years prior to the request (not including any disclosures prior to the compliance date of the Privacy Rule). (a) Covered Entity is required to take action on such requests as soon as possible but not later than 60 days following receipt of the request. Business Associate agrees to use its best efforts to assist Covered Entity in meeting this deadline. (b) Such accounting must be provided without cost to the individual or Covered Entity if it is the first accounting requested by an individual within any 12 month period; however, a reasonable, cost -based fee may be charged for subsequent accountings if Business Associate informs the individual in advance of the fee and is afforded an opportunity to withdraw or modify the request. (c) Such accounting shall be provided as long as Business Associate maintains the PHI. Vol._ ��_ Pg _lc -7 Easter Seals Greater Houslon IIIIj� Page 13 of15 D. Internal Practices Books and Records. Business Associate shall make available its internal practices, books, and records relating to the use and disclosure of PHI received from, created, or received by Business Associate on behalf of the Covered Entity to the U.S. Department of Heath and Human Services or its agents for the purpose of determining the Covered Entity's compliance with the HIPAA Rules, or any other health oversight agency, or to the Covered Entity. E. Indemnification. To the extent permitted by law, Business Associate agrees to indemnify and hold harmless Covered Entity from and against all claims, demands, liabilities, judgments or causes of action of any nature for any relief, elements of recovery or damages recognized by law (includ'[ng, without limitation, attorney's fees, defense costs, and equitable re(ief), for any damage or loss incurred by Covered Entity arising out of, resulting from, or attributable to any acts or omissions or other conduct of Business Associate or its agents in connection with the performance of Business Associate's or its agents' duties under this Agreement. This indemnity shall apply even if Covered Entity is alleged to be solely or jointly negligent or otherwise solely or jointly at fault; provided, however, that a trier of fact finds Covered Entity not to be solely or jointly negligent or otherwise solely or jointly at fault. This indemnity shall not be construed to limit Covered Entity's rights, if any, to common law indemnity. Covered Entity shall have the option, at its sole discretion, to employ attorneys selected by it to defend any such action, the costs and expenses of which shall be the responsibility of Business Associate. Covered Entity shelf provide Business Associate with timely notice of the existence of such proceedings and such information, documents and other cooperation as reasonably necessary to assist Business Associate in establishing a defense to such action. These indemnities shall survive termination of this agreement and Covered Entity reserves the right, at its option and expense, to participate in the defense of any suit or proceeding through counsel of its own choosing. F. Mitigation If Business Associate violates this Agreement or the HIPAA Rules Business Associate agrees to mitigate any damage caused by such breach. G. Rights of Proprietary Information. The Covered Entity retains any and all rights to the proprietary information, confidential information, and PHI it releases to Business Associate. H. Termination for Breach. Without limiting the termination provisions herein, if Business Associate breaches any provision in this Section entitled "Use and Disclosure of PHI", Covered Entity may, at its option, access and audit the records of Business Associate related to its use and disclosure of PHI, require Business Associate to submit to monitoring and reporting, and such other conditions as Covered Entity may determine is necessary to ensure compliance Vol. Easter Seals Greater Houston� Page 14 of 15 with this Article; or Covered Entity may terminate this Agreement on a date specified by Covered Entity. Section entitled "Use and Disclosure of PHI" J. Amendment. Business Associate and Covered Entity agree to take such action as is necessary to amend this Section entitled "Use and Disclosure of PHP' from time to time in order to allow Covered Entity to comply with the HIPAA Rules and any applicable state confidentiality laws. K. Precedent and Ambiguity. If any term of this Section entitled "Use and Disclosure of PHP' conflicts with another term of this Agreement, the term contained in this Section shall be controlling. Any ambiguity in this Section entitled "Use and Disclosure of PHP' shall be resolved to permit Covered Entity to comply with the HIPAA Rules. L. Survival of Key Provisions. The provisions of this Section entitled "Use and Disclosure of PHP' shall survive the termination of this Agreement. Accepted: BusinessIssociate vol. _ S— Py =7 Taster Seals Greater Ramon I _ �^ ` _ Page 15 of 15 Forms provided by Texas Ethics Commission... - - pol - i CERTIFICATE OF INTERESTED PARTIES FORM 1295 lofl Complete Nos. i - 4 and 6 if there are interested parries. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2017-290983 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Easter Seals of Greater Houston, Inc. Houston, TX United States Date Filed: 12/0612017 Date Acknowledged: 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. Brazos County Commissioners 3 Provide the identification number used by the governmental entity or state agency to track or identify description of the services, goods, or other property to be provided under the contract. the contract, and provide a 18-092 Early Childhood Intervention Nature of interest 4 Name of Interested Party - City, State, Country (place of business) (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. 6 AFFID I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. ao�wroye DIANE M NAVARRO My Commission Expires September 19, 2019 Signature of uthorized agent of contracting business entity AFFIX NOTARY STAMP I SEAL ABOVE /_ Sworn to and subscribed before me, by the said % A ,! � ` I ` z, this the _ I `Q_ day of , 20_Cje�, to certify which, witness my hand and steal of office. Y, f Signature of officer a inistering oath Printed name of officer administering oath itle o cer admin t ring oath .---.-_-.---.-- vcrelnn VI n x'377 Forms provided by Texas Ethics Commission... - - pol - i int AGREEMENT BETWEEN COUNTY AND APPRAISER THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. THIS AGREEMENT is made on the 12h day of December, 2017. Between the COUNTY: BRAZOS COUNTY, TEXAS c/o Brazos County Commissioners' Court Attention: County Judge 200 South Texas Ave., Ste. 332 Bryan, Texas 77803 and the APPRAISER: Steve Lovett 3600 Lovett Lane College Station, Texas 77845 for the following PROJECT: Conduct a market value appraisal of various parcels of land on Arrington, Dilly Shaw Tap, Scasta, Jack Manning and Dick Elliott Roads. The COUNTY and APPRAISER agree as set forth below. ARTICLE I APPRAISER'S RESPONSIBILITY 1.1 APPRAISER'S SERVICE 1.1.1 The APPRAISER'S services consist of those services performed by the APPRAISER, APPRAISER'S employees and the APPRAISER'S consultants as enumerated in Articles 2 and 3 of this Agreement. 1.1.2 The APPRAISER'S services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Work. The APPRAISER shall submit for the COUNTY'S approval a schedule for the performance of the APPRAISER'S services which may be adjusted as the Project proceeds and shall include allowances for periods of time required for the COUNTY'S review and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule approved by the COUNTY shall not, except for reasonable cause, be exceeded by the APPRAISER or the COUNTY. Vdl Agreement Between County and APPRAISER I _- r T�� Page I of 5 ARTICLE II SCOPE OF APPRAISER'S BASIC SERVICES 2.1 DEFINITION 2.1.1 The APPRAISER'S Basic Services consist of conducting a market value appraisal various parcels of land on Arrington, Dilly Shaw Tap, Scasta, Jack Manning and Dick Elliott Roads. ARTICLE III ADDITIONAL SERVICES DELETED INTENTIONALLY ARTICLE IV COUNTY'S RESPONSIBILITY 4.1 The COUNTY shall provide full information regarding requirements for the Project 4.2 The COUNTY shall designate a representative authorized to act on the COUNTY'S behalf with respect to the Project. The COUNTY, or such authorized representative, shall render decisions in a timely manner pertaining to documents submitted by the APPRAISER in order to avoid unreasonable delay in the orderly and sequential progress of the APPRAISER'S service. 4.3 The. COUNTY shall give prompt written notice to the APPRAISER if the COUN'T'Y becomes aware of any fault or defect in the Project or non-conformance with the contract documents. Any delay by the COUNTY in providing said notice shall not constitute a waiver, a bar or act to estop the COUNTY from exercising any of its rights under this contract. 4.4 Examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by the APPRAISER, obtain advice of an attorney, insurance counselor and other consultants as the COUNTY deems appropriate for such examination and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of the APPRAISER. 4.5 The proposed language of certificates or certifications requested of the APPRAISER or the APPRAISER'S consultants shall be submitted to the APPRAISER for review and approval at least 14 days prior to execution. The COUNTY shall not request certifications that would require knowledge or services beyond the scope of this Agreement. ARTICLE V INTENTIONALLY DELETED. ARTICLE VI USE OF APPRAISER'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS 6.1 The COUNTY shall be the absolute and unqualified owner of documents prepared pursuant to this Agreement by the APPRAISER with the same force and effect as if the COUNTY prepared same. { OGS r J Agreement Between County and APPRAISER '�'�+' � - -- �g" / - I Page 2 of 5 ARTICLE VII TERMINATION, SUSPENSION OR ABANDONMENT 7.1 This Agreement may be terminated by either party upon not less than fourteen (14) days written notice should the other party fail to substantially perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. 7.2 If the COUNTY suspends the Project for more than thirty (30) consecutive days, the APPRAISER shall be compensated for services performed prior to notice of such suspension. 7.3 This Agreement may be terminated by the COUNTY upon not less than fourteen (14) days written notice to the APPRAISER in the event that the Project is permanently abandoned. If the COUNTY abandons the Project for more than ninety (90) consecutive days, the APPRAISER may terminate this Agreement by giving written notice. 7.4 If the COUNTY fails to give prompt written authorization to proceed with any phase of services after completion of the immediately preceding phase, the APPRAISER may, after giving seven (7) days written notice to the COUNTY, suspend services under this Agreement. 7.5 In the event of termination that is not the fault of the APPRAISER, the APPRAISER shall be compensated for services performed prior to termination, together with Reimbursable Expenses, if any, then due. 7.6 APPRAISER shall bill and collect all fees and costs for various parcels of land on Arrington, Dilly Shaw Tap, Scasta, Jack Manning and Dick Elliott Roads.; however, APPRAISER acknowledges that COUNTY is the client and all privity of contract exists between APPRAISER and COUNTY, and no third parties. ARTICLE VIII MISCELLANEOUS PROVISIONS 8.1 Unless otherwise provided, this Agreement shall be governed by the law of the principal place of business of the COUNTY. Venue for any dispute or disagreement regarding the terms of this Agreement shall be in Brazos County, Texas. 8.2 Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to have accrued and the applicable statutes of limitation shall commence to run not later than either the date of Substantial Completion, or the date of issuance of the final Certificate for Payment for acts or failures to act occurring after Substantial Completion. 8.3 The COUNTY and the APPRAISER, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representative of such other party with respect to all covenants of this Agreement. Neither the COUNTY nor the APPRAISER shall assign this Agreement without the express written consent of the other party. 8.4 This Agreement represents the entire integrated agreement between the COUNTY and the APPRAISER and supersedes all prior negotiations,representations or agreements, either Agreement Between County and APPRAISER U C1t. ---- /Q / - jPage 3 of 5 written or oral. This Agreement may be amended only by written instrument signed by both the COUNTY and the APPRAISER. 8.5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the COUNTY or the APPRAISER. 8.6 COMPLIANCE AND STANDARDS. The APPRAISER agrees to perform the work hereunder in accordance with generally accepted standards applicable thereto, and shall use that degree of care and skill commensurate with the profession to comply with all applicable state, federal and local laws, ordinances, rules and regulations relating to the work to be performed hereunder and the APPRAISER'S performance. 8.7 INDEMNIFICATION: APPRAISER shall save and hold harmless the COUNTY from and against any and all claims and liability due to activities of the APPRAISER, its agents or employees, performed under this Agreement and which result from any negligent act, error, or omission of the APPRAISER, or of any person employed by the APPRAISER. The APPRAISER shall also save harmless the COUNTY from and against any and all expenses, including attorney's fees which might be incurred by the COUNTY in litigation, or otherwise, resisting said claims or liabilities which might be imposed on the COUNTY as the result of such activities by the APPRAISER, its agents or employees. ARTICLE IX PAYMENTS TO THE APPRAISER 9.1 APPRAISER SHALL INVOICE FOR ALL SERVICES, COSTS AND FEES ASSOCIATED WITH THE PROJECT, PER THE ATTACHED PRICING PROPOSAL, NOT TO EXCEED $49,225.00. ARTICLE X OTHER CONDITIONS OR SERVICES 10.1 INSURANCE 10.1.1 The APPRAISER shall file with the COUNTY a Certificate of Errors and Omissions Insurance having minimum limits of One Million and No/100 Dollars ($1,000,000.00) for each occurrence and annual One Million and No/100 Dollars ($1,000,000.00) aggregate. Such Errors and Omissions Insurance shall have a deductible not in excess of Two Hundred Thousand and No/100 Dollars ($200,000.00) self-insured. Such Certificate shall bear the endorsement "Not to be canceled without thirty (30) days prior notice to BRAZOS COUNTY, TEXAS." The APPRAISER shall maintain the Errors and Omissions Insurance at all times this Agreement is in effect and for a period of five (5) years after completion of the Project. Failure to maintain the required insurance shall be deemed to be a material breach of this Agreement. 10.1.2 The APPRAISER shall also provide Worker's Compensation, automobile and comprehensive general liability policies. The APPRAISER shall deliver the insurance certificates to the COUNTY. The coverage provided herein shall contain an endorsement providing thirty (30) days notice to the COUNTY prior to any cancellation of coverage. Said coverage shall be written by an insurer acceptable to the COUNTY and shall be in a form acceptable to the COUNTY. If the APPRAISER has canceled or allowed to lapse any of these insurance policies then the COUNTY may pay for such insurance and. may hold the amount of Agreement Between County and APPRAISER / —. /O �' T R Page 4 of 5 Vol � _ - Pg,--- ; such payment out of the APPRAISER's fees or be otherwise reimbursed. Failure to maintain the required insurance shall be deemed to be a material breach of this Agreement. This Agreement entered into as of the day and year first written above. The undersigned officers and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto, and each party hereby certifies to the other that any necessary resolution extending said authority have been duly passed and are now in force and effect. BRAZOS COUNTY, TEXAS APPRAISAL FIRM e Duane Peters, County Judge by: Steve Lovett Principal Acting by and through the authority of the Brazos County Commissioners Court Attest: County Clerk Agreement Between County and APPRAISER FV01-Zi- I Page 5 of �T©&ASSOCIATES ® ® APPRAISALS, BROKERAGE & RIGHT-OF-WAY ACQUISITIONS Tuesday, December 51h, 2017 Mr. Darrell Kolwes Via Email Land Agent Brazos County 2716 State Highway 21 West Bryan, Texas 77803 Re: Fee Quote for 2018 Road & Bridge projects, Brazos County, Texas Dear Mr. Kolwes: Upon your authorization, I will prepare appraisals to be used for right of way acquisition for various upcoming road and bridge projects. The purpose of each appraisal will be to estimate the total compensation due the property owners for the fee and temporary easement rights to be acquired by Brazos County. You will be the client and intended user. Each appraisal will be an independent estimate of market value; and, the payment of the fee shall not be contingent upon any value estimate reported. Each appraisal will be prepared in compliance with the Uniform Standards of Professional Appraisal Practice (USPAP). It is understood the fee for each appraisal will be due upon delivery of three copies of the report to you. The cost for the appraisals are itemized below: Project /Owner Type Fee 'Airk ton Road Hurley Road $2,750 Waddell Road $2,750 Richards Road $3,450 Honeycutt Road $3,450 Martz Road $3,450 Saunders Road $3,450 3600 Lovett Lane, College Station, Texas 77845 • Tele -979.7.7_4.8943 • Fax: 979.774.7133 • Email: stevelovett@verizon:ne pg /f Y1?.': Dilly Shaw'tap t Parcel 1 - Owner TBD Bridge $2,475 Parcel 2 - Owner TBD Bridge $2,475 M.; SdMta?�Road I .„ rTl,1 Parcel 1 - Owner TBD Bridge $2,475 Parcel 2 - Owner TBD Bridge $2,475 Parcel 3 w/ TE - Owner TBD Bridge $2,700 a lackaMann�ng.Road�' k .- .:e£.v4 ..Nt.A\`j.'.PiC Parcel 1 - Owner TBD Bridge $2,475 Parcel 2 - Owner TBD Bridge $2,475 Parcel 1 - Owner TBD Bridge $2,475 Parcel 2 - Owner TBD Bridge $2,475 Parcel 3 - Owner TBD Bridge $2,475 Parcel 4 - Owner TBD Bridge $2,475 Parcel 5 - Owner TBD Bridge $2,475 Thank you for the opportunity to be of service. Sincerely yours, 5aio�vel -4flva-tr Steve Lovett State Certified General Real Estate Appraiser Certificate No. TX -1322517-G 3600 Lovett Lane, College Station, Texas 77845 • Tele: 979:774.8943 • Fax: 979.774.713 Email: stevelovett@verizon.net 15 HAZERDOUS MEDICAL WASTE DISPOSAL CONTRACT BRAZOS COUNTY PURCHASING DEPT, 200 S. Texas Ave., Ste. 352 Bryan, Texas 77803 Telephone (979) 361-4294 Contract No. 18-036 Page 1 of 9 Pages GENERAL REQUIREMENT FOR CONTRACT 1, J (le L0 as a duly authorized representative of) fQ>m ° cc t Cnk Uoas L Soluti mu A ' ontractor' willingly attest to perform (or deliver) as per Exhibit "A" for Brazos County. I further agree to all of the provisions and specifications contained in this contract. ASSIGNMENT The successful offeror may not assign, sell or otherwise transfer this contract without written permission of Brazos County Commissioners Court. Should there be a change in ownership or management; the contract shall be terminated unless a mutual agreement is reached with the new owner or manager to continue the contract with its present provisions and prices. AWARD Brazos County reserves the right to award this contract on the basis of LOWEST AND BEST OFFER in accordance with the laws of the State of Texas, to waive any formality or irregularity, to make awards to more than one offeror, to reject any or all bids. The County reserves the right to accept or reject in part or in whole, any TQs submitted, and to waive any technicalities for the best interest of the County. CONTRACT OBLIGATION Brazos County Commissioners Court must award the contract and Brazos County Judge or other person authorized by Brazos County Commissioners Court must sign the contract before it becomes binding on Brazos County or the offerors. Department heads are NOT authorized to sign contracts for Brazos County. Binding contracts shall remain in effect until all products and/or services covered by this purchase have been satisfactorily delivered and accepted. QUANTITIES The quantities specified in this contract are estimates only. Brazos County does not guarantee to purchase any minimum quantities or services other than those listed on a purchase order. CONTRACT RENEWALS Renewals may be made ONLY by written agreement between Brazos County and the offeror. Any and all price escalations shall not be accepted and shall be considered a non -response. Contract No. 18-036 BRAZOS COUNTY, TEXAS Page 2 of 9 Pages HOLD HARMLESS AGREEMENT Contractor, the successful offeror, shall indemnify and hold Brazos County harmless from all claims for personal injury, death and/or property damage resulting directly or indirectly from Contractor's performance. Contractor shall procure and maintain, with respect to the subject matter of this bid, appropriate insurance coverage including, as a minimum, public liability and property damage with adequate limits to cover Contractor's liability as may arise directly or indirectly from work performed under terms of this contract. Certification of such coverage must be provided to Brazos County upon request. INSPECTIONS & TESTING Acceptance of merchandise, work, and/or equipment provided shall be made by Brazos County at the sole discretion of the Commissioners Court when all terms and conditions of the contract and specifications have been met to its satisfaction, including the submission to Brazos County of any and all documentation as may be required. Title and Risk of Loss of the goods shall not pass to Brazos County until the County actually accepts and takes possession of the goods at the point or points of delivery. ADDITION/MODIFICATION OF LOCATIONS OR SERVICES Brazos County reserves the right to add locations as these additional locations may be required. Locations to be added may include, but not limited to, expansions or additions to existing facilities and acquisition or construction of new properties. In the event that Brazos County makes significant structural changes to an existing facility that impacts the Contractor's cost in providing the services anticipated by this contract such change may be treated as a new facility and the procedures provided for in this section may be followed in deter -mining an appropriate price. In the event Brazos County wishes to add other locations to a group under the contract, a quotation will be solicited from the incumbent Contractor in good standing for the group in which the new location is appropriately situated. In the event Brazos County shall sell, vacate, abandon, or otherwise dispose or terminate -a location to which the contract applies, all existing contracts for services applicable to such location, the portion of this contract that applies to such locations is terminated. All remaining portions of the contract will remain intact. Brazos County will endeavor to give the Contractor written notice of such termination of locations a minimum of thirty (30) days in advance. INVOICES & PAYMENTS Payments to Contractors will not be made if the Contractor cannot produce a Brazos County Purchase Order. Contractor shall submit an original invoice on each purchase order or purchase release after each delivery, indicating the purchase order number. Invoices must be itemized—Any invoice, which cannot be verified by the contract price and/or is otherwise incorrect, shall be corrected by the Contractor. When multiple deliveries and/or services are required, the Contractor may invoice following each delivery or performance of service and Brazos County will pay on invoice with in thirty (30) days upon receipt of invoice. Contracts providing for a monthly charge will be billed and paid on a monthly basis only, The Contractor will provide an invoice for each month in which Brazos County is responsible for payment, during the duration of the contract. Prior to any and all payments made for goods and/or services provided under this contract, the Contractor should provide their Taxpayer Identification Contract No. 18-036 BRAZOS COUNTY, TEXAS Page 3 of 9 Pages Number or Social Security number as applicable. This information must be on file with Brazos County Auditor's office. Failure to provide this information may result in a delay in payment and/or back-up withholding as required by the Internal Revenue Service. PRICING Prices for all goods and/or services shall be firm for the duration of this contract and shall be stated on the Pricing/Delivery Information form. Prices shall be all inclusive: No price changes, additions, or subsequent qualifications will be honored during the course .of the contract. All prices must be written in ink or typewritten. Pricing on all transportation, freight, drayage and other charges are to be prepaid by the Contractor and included in the bid prices. If there are any additional charges of any kind, other than those mentioned above, specified or unspecified, offeror MUST indicate the items required and attendant costs or forfeit the right to payment for such items. Where unit pricing and extended pricing differ, unit pricing prevails. TAXES Brazos County is exempt from all federal excise, state and local taxes unless otherwise stated in this contract. Brazos County claims exemption from all sates and/or use taxes under Texas Tax Code. §151:309, as amended. Texas Limited Sales Tax Exemption Certificates will be furnished upon written request to Brazos County Purchasing Agent. GOVERNING FORMS In the event of any conflict between the terms and provisions of these requirements and the specifications, the specifications shall govern. In the event of any conflict of interpretation of any part of this overall contract, Brazos County's interpretation shall govern. In the event of a conflict between the terms, conditions, provisions, and specifications of this contract and any other terms, conditions, provisions, and specifications provided by the Contractor; the terms of this contract shall supersede. GOVERNING LAW This bid solicitation is governed by the competitive bidding requirements of Brazos County Purchasing Act, Texas Local Government Code, §262.021 et seq., as amended. Offerors shall comply with all applicable federal, state and local laws and regulations. Offeror is further 'advised that these requirements shall be fully governed by the laws of the State of Texas and that Brazos County may request and rely on advice, decisions and opinions of the Attorney General of Texas and Brazos County Attorney concerning and portion of these requirements. Potential vendors are advised they may have disclosure requirement pursuant to Texas Local Government Code, Chapter 176. This law requires persons desiring to do business with the County to disclose any gifts that have an aggregate value in excess of $250.00 given to any employee of the County,. County Official to the County Official's family members or employment of any employee of the County, County Official or the County Official's family members during the preceding twelve (12) month period. The disclosure questionnaire must be filed with the Brazos County Clerk. Refer.to Texas Local Government Code, Chapter 176 for the details of this law. Bidder understands that Brazos County is a government subject to Texas State and Federal public information statutes. Contract No. 18-036 BRAZOS COUNTY, TEXAS Page 4 of 9 Pages DISQUALIFICATION OF OFFEROR Upon signing this contract, an offeror offering to sell supplies, materials, services, or equipment to Brazos County certifies that the offeror has not violated the antitrust laws of this state codified in Texas Business and Commerce Code §15.01, et seq., as amended, or the federal antitrust laws, and has not communicated directly or indirectly the bid made to any competitor or any other person engaged in such line of business. Any or all bids may be rejected if Brazos County believes that collusion exists among the offerors. Bids in which the prices are obviously unbalanced may be rejected. If multiple bids are submitted by an offeror and after the bids are opened, if one of the bids is withdrawn, the result will be that all of the bids submitted by that offeror will be withdrawn; however, nothing herein prohibits a Contractor from submitting multiple bids for different products or services. SEVERABILITY If any section, subsection, paragraph, sentence, clause, phrase or word of these requirements or the specifications shall be held invalid, such holding shall not affect the remaining portions of these requirements and the specifications and it is hereby declared that such remaining portions would have been included in these requirements and the specifications as though the invalid portion had been omitted. SILENCE OF SPECIFICATIONS The apparent silence of specifications as to any detail, or the apparent omission from it of a detailed description concerning any point; shall be regarded as meaning that only the best commercial practice is to prevail and that only material and workmanship of the finest quality are to be used. All interpretations of specifications shall be made on the basis of this statement. The items furnished under this contract shall be new, unused of the latest product in production to commercial trade and shall be of the highest quality as to materials used and workmanship. Manufacturer furnishing these items shall be experienced in design and construction of such items and shall be an established supplier of the item bid. TERMINATION Brazos County reserves the right to terminate the contract for default if offeror breaches any of the terms therein, including watTanties of offeror or if the offeror becomes insolvent or commits acts of bankruptcy: Such right of termination is in addition to and not in lieu of any other remedies which Brazos County may have in law or equity. Default may be construed as, but not limited to, failure to deliver the proper goods and/or services within the proper amount of time, and/or to properly perforin any and all services required to Brazos County's satisfaction and/or to meet all other obligations and requirements. Brazos County may terminate the contract without cause upon thirty (30) days written notice. POLICY REQUIREMENTS FOR CERTIFICATE OF INSURANCE CONTRACTOR'SINSURANCE The Contractor(s) before starting work for Brazos County, must furnish Brazos County a Certificate of Insurance or other acceptable evidence from a reputable insurance company or companies with an A.M. Best Rating of AA@ (such companies to be acceptable to Brazos County) licensed to write insurance in the state of Texas, showing that the Contractor is covered by the insurance as follows: vol. oZ S -, Pg. /Q 9 BRAZOS COUNTY, TEXAS Contract No. 18-636 Page 5 of 9 Pages (1) Statutory Workers Compensation Insurance with Employers Liability Insurance in the amount of $1,000,000. In the event any work is sublet, the Contractor shall require the subcontractor similarly to provide the same coverage and shall himself acquire evidence of such coverage on behalf of the subcontractor. (TLC Sec. 461.011) (2) Commercial General Liability Insurance with a 5 2,000,000 Combined Single Limit. The policy shall be on the Comprehensive General Liability 1986/90 occurrence form, and shall include coverage for acts of independent contractors, and shall name Brazos County as an additional insured. Waiver of subrogation is required. No claims made policies are acceptable without prior approval by the Commissioners Court/Risk Management. (3) Automobile Public Liability Insurance with a 51,000,000 Combined Single Limit, in all self- propelled vehicles used in connection with the contract, whether owned, non -owned or hired. Waiver of subrogation is required. The Certificate of Insurance furnished to Brazos County shall contain a -provision that coverage under such policies shall not be canceled or materially changed until at least 30 days prior written notice has been given to Brazos County. LIMITATIONS The parties are aware that there are constitutional and statutory limitations on .the authority of Brazos County to enter into certain terms and conditions of the contract,, including, but not limited to, authorizations of the placement of liens on Brazos County property; disclaimers and limitations of warranties; disclaimers and limitations of liability for damages; waivers, disclaimers and limitations of legal rights, remedies, requirements and processes; limitations of periods to bring legal action; granting control of litigation or settlement to another party; liability for acts or omissions of third parties; payment of attorneys' fees; dispute resolution; indemnities; and confidentiality (collectively, the "Limitations"). Any contract terms and conditions related to the Limitations will not be binding on Brazos County except to the extent authorized by the laws and Constitution of the State of Texas. COVERAGES/WAGES Nothing in this contract shall be construed as making Brazos County responsible for the payment of compensation and/or any benefits for Contractor including health, property, motor vehicle, workers' compensation, disability, death, and dismemberment insurance for the Contractor's employees and/or equipment. Nothing in the contract shall be construed as making Brazos County responsible for wages, materials, logistical support, equipment, and related travel expenses incurred by the Contractor. SOVEREIGN IMMUNITY The parties understand that Brazos County does not waive or relinquish any immunity or defense on behalf of itself, officers, employees, agents, and volunteers as a result of its execution of this contract and the performance of the covenants contained herein. Further, Brazos County is not responsible for any civil liability that arises from any act or omission made within the course and scope of this contract. The parties understand and agree that Brazos County does not assume civil liability under any theory of law for the actions of the Contractor in providing services hereunder. Contract No. 18-036 BRAZOS COUNTY, TEXAS Page 6 of 9 Pages NOTICES Notices shall be mailed to the addresses designated herein or as may be designated in writing by the parties from time to time and shall be deemed received when sent postage prepaid U.S. Mail to the following addresses: BRAZOS COUNTY: Brazos County, Texas Duane Peters, Brazos County Judge 200 South Texas Avenue, Suite 332 Bryan, Texas 77803 CONTRACTOR: Sales Contact Name: Phone Number: ASSIGNABILITY This contract may not be assigned without the prior written permission of Brazos County, FISCAL FUNDING CLAUSE Notwithstanding any provisions contained herein, the obligations of Brazos County are expressly contingent upon the availability of finding for the obligations contained herein for the tent of the contract and any extensions thereto. WAIVERS No waiver by either party hereto of any term or condition of this contract shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. ENTIRE CONTRACT This contract represents the entire and integrated agreement between Brazos County and the Contractor and supersedes all prior negotiations, representations, or contracts, either written or oral. This contract may only be amended by written instrument approved and executed by the parties. AVAILABILITY AND RETENTION OF RECORDS All records relating to the service provided under this contract and supporting documentation for invoices submitted to Brazos County by the Contractor shall be retained and made available by the Contractor for audit by Brazos County, it duly authorized representatives, the State of Texas (including, but not limited to the Auditor of the State of Texas, Inspector General or duly appointed law enforcement officials) and agencies of the United States Government. Such records shall be returned by Contractor and made available for any time period required by state or federal law. if changes occur in the governing state or federal law, regarding retention records, Contractor shall comply with such changes. If an audit is initiated before the expiration of such time periods required by state or federal law regarding retention of records, the Contractor shall retain such records until the audit is concluded and all issues resolved. Contract No. 18-036 BRAZOS COUNTY, TEXAS Page 7 of 9 Pages Contractor shall provide Brazos County with copies of such audits that be conducted with respect to the contract. AUDIT RESPONSIBILTY The Contractor shall be responsible for receiving, replying to and/or complying with any audit exception by appropriate federal, state or local audit directly related to the provision of this contract. The Contractor shall repay to Brazos County the full amount received for duplicate billings, erroneous billings, false or deceptive claims. The Contractor recognizes and agrees that Brazos County may withhold any money due and recover through any appropriate method any money erroneously paid under this contract if evidence exists of less than full compliance with this contract. INDEMNIFICATION The Contractor shall defend, indemnify and save harmless Brazos County and all its officers, agents, and employees from all suits, actions, or claims of any character, name and description including attorney's fees expenses brought for or on account of any injuries or damages received or sustained by any person or persons or property, by or from the said Contractor or his employees or by or in consequence of any negligence in safeguarding the work, or through the use of unacceptable materials in construction of the work, or by or on account of any act of omission, the Worker Compensation Law or any other law, ordinance, order or decree, and so much of the money due the said Contractor under and by virtue of his contract as shall be considered necessary by Brazos County may be retained for the use of Brazos County, or in case no money is due, his sureties shall be held until suit or suits, action or actions, claim or claims for injury or damages as aforesaid shall have been settled and satisfactory evidence to that effect furnished Brazos County, Contractor shall defend, indemnify and save harmless Brazos County, its officers, agents and employees in accordance with this indemnification clause regardless of Whether the injury or damage is caused in pari by Brazos County, its officers, agents or employees. Contract No. 18-036 BRAZOS COUNTY, TEXAS Page 8 of 9 Pages HOUSE BILL 89 & DEBARMENT VERFICATION Brazos County is federally mandated to adhere to the directions provided in the President's Executive Order (EO) 13224, Executive Order on Terrorist Financing — Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism, effective 9/24/2001 and any subsequent changes made to it via cross-referencing respondents/vendors with the Federal General Services Administration's Excluded Parties List System (EPLS, https://www.sam.gbv), which is inclusive of the United States Treasury's Office of Foreign Assets Control (OFAC) Specially Designated National (SDN) list. Respondent certifies that the responding entity and its principals are eligible to participate in this transaction and have not been subjected to suspension, debarment, or similar ineligibility determined by anyfederal, state or local governmental entity and that Respondent is in compliance with the State of Texas statutes and rules relating to procurement and that Respondent is not listed on the federal government's terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement are listed at https://www.sarh.gov. Theundersigned affirms the non -debarment statement above, that they are duly authorized execute this contract. The company representative below further affirms that the company submitting this proposal, under the provisions of Subtitle F, Title 10, and Government Code Chapter 2270: 1. Does not boycott Israel currently; and 2. Will not boycott Israel during the term of the contract. Pursuant to Section 2270.001, Texas Government Code: 1. 'Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not include an action made or ordinary business purposes; and 2. "Company" means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. Company Name: ),kOul't&=q MG -C6 S9 tL-l.S i 0m /: Authorized Company Representative: J `lid L!0 V a C CL l () Date: (2.1'1/1 1 Contract #: BRAZOS COUNTY, TEXAS Contract No -'18-036 Page 9 of 9 Pages CERTIFICATION OF BID The undersigned further affirms the non -debarment statement above, that they are duly authorized execute this contract, that this bid has not been prepared in collusion with any other vendor, and that the contents of this bid have not been communicated to any other vendor prior to the official opening of this bid. Signed By: ,—)1�9 LO / Q f Cts Cl Title: ?j-P—ra� Ma210. �er Typed Name: l C1La__QII (11/ \ e �I ,�� Company Name: I C�N� is i (�V 4 J -OS -L &Z" one No. Email Address: Mailing Addres P. O. Box or Street City State Zip Employer Identification Number: ';T)— Social ;T)— Social Security Number: rove by Comm' ioners' Court on this d day of 6W7 by --- (ding the position of aZfh Chun 139 e)CWi 1k k >€ a P.O. Box 398 Nederland, TX 77627 CUSTOMER LOCATION INFORMATION CUSTOMER NAP SERVICE ADDRI BILLING ADORE CITYISTATE/ZIP. DISPOSAL AGREEMENT SMALL FACILITY 409.721.9957 FAX 877.974.1300 PH hiomedicalwastesolutlons.com CONTACT NAIVIEVIOMR q-i2Emal1 dY✓IIIF�I.� I'Gf/WA�OS���OV POSITION NRrLS/ �PAX HOURS MON d �6 TUES_.O WED D I THUR b "S FRI 17 - LUNCH 2 f%jj::� PRICE SCHEDULE SERVICE SCHEDULE (PLEASE CHECKV A. SERVICE FEES 20 (PER STOP) WEEKLY_BI-WEEKLY_MONTHLYEVERY FOUR WEEKS) B. BOX DISPOSAL CHARGE 5gs ° O BOX -PREFERENCE PLASTIC TUB C. OSHA COMPLIANCES CORRUGATED BOX D. FUEL FEE 10% E. BIOHAZARD BOXES AND LINERS PROVIDED AT NO CHARGE. iP�T�gRT DATE AUTHORIZED CUSTOMER SIGNATURE -Dmwrs C STOME S NAME PLEASE PRINT OR TYPE) --/2/J?-//7 TITLE i DATE TITLE .. ---- g' /cJ—� AUTHORIZED S TURE(,$B WSLLC REP BWS AUTHORIZED REPRESENTATIVE TITLE .. ---- g' /cJ—� c�ac� v e MOMMUCRL W H S T F 5 0 L U T 1 0 N S P.O. Box 398 Nederland, TX 77627 CUSTOMER LOCATION INFORMATION CUSTOMER NAI SERVICE ADDRI BILLING ADDRE CITYISTATEOP. DISPOSAL AGREEMENT SMALL FACILITY 409.721.9957 FAX 877.974.1300 PH blomedlcalwasteso lu tlons.com CONTACT 'NAME �GI,{ZY/f i�l�4PHONE("JJ�V*1-lODI Eymail2ROO.7N(.�+5 1/ I'-MVSi�!vhhL�1t�'�� POSITION 1/VL ht V FAX 1r 111) b 2'/ -I 41 � J HOURS MON D_✓/,,.�' T,U,ES 0WED OBJ THUR 5 FRI X� J LUNCH 6 � - PRICE SCHEDULE ���__ " SERVICE SCHEDVLEIPLEASE CHECK) A.SERVICE FEES a0a7 (PER STOP) WEEK LY_BIWEEKLY_MONTHLY _(EVERY FOUR WEEKS) B. BOX DISPOSAL CHARGE S_�° J BOX PREFERENCE PLASTIC TUB C. OSHA COMPLIANCES CORRUGATED BOX_ D. FUEL FEE 10% E. BIOHAZARD BOXES AND LINERS PROVIDED AT NO CHARGE. AUTHORIZED ATURE W5, LLC REP BWS AUTHORI2 0 REPRESENTATIVE TITLE DATE 0 0 0 oa I. R S T E SOLUTIONS P.O. Box 398 Nederland, TX 77627 CUSTOMER LOCATION INFORMATION CUSTOMER NAI SERVICE BILLING CITYISTATEMP DISPOSAL AGREEMENT SMALL FACILITY 409.721.9957 FAX 877.974.1300 PH blomedicalwastesolutlons.com 'JnI (•� d p 2�,,I QQ�ry 1' CONTACT NAME (' nNAV t�Gl PHONE L�1- I� /%�ti� i — I V F=H kVyg�A9/ POSITION�jt- Of FAX "I��, 'J��^ ® HOURS MON V-5 TUES�✓ WEO 9-5 THUR o'a� FRI d LUNCH 0 FM ®1 PRICE SCHEDULE SERVICE SCHEDULE (PLEASE CHECKI A. SERVICE FEES 7000 (PER STOP) WEEKLY_BI-WEEKLY_MONTHLYi--ltEVERY FOUR WEEKS) B. BOX DISPOSAL CHARGE S '5S0 J BOX PREFERENCE PLASTIC TUB C. OSHA COMPLIANCES CORRUGATED 80X_ D. FUEL FEE 10% E. BIOHAZARD BOXES AND LINERS PROVIDED AT NO CHARGE. TITLE DATE r ,--- —1 v 0 -1-? I AUTHORIZED S ' TATURE WS, LLC REP BWS AUTHORIZf D REPRESENTATIVE TITLE DATE r ,--- —1 v 0 -1-? I p F3 O cD O IBM W-MUrRL LUR5TE 50LUT 10N5 P.0.Box 398 Nederland, TX 77627 CUSTOMER LOCATION yINFORMATION � CUSTOMER NAME i/I�wS-_lA1V_liY L9 �'A' SERVICE BILLING CITYISTATEZIP DISPOSAL AGREEMENT SMALL FACILITY 409.721.9957 FAX 877.974.1300 PH blomedlcalwastesolutlons.com CONTACT NAME �Pf� 1}A.�O PHONE( 11"1�7V �' mall 1iV1 � JGD 1 '�� POSITIONAdM.. S_"(_w''���.RO CAD ain(�,i'.c�? FAX HOURS MON�ocI TUES 0 -6 WED D -9 THUR FRI LUNCH PRICE SCHEDULE SERVICE SCHEDULE (PLEASE CHECK( A. SERVICE FEE S ZO. (PER STOP) WEEKLY_BI•WEEISLY_MONTHLY(EVERY FOUR WEEKS) B. BOX DISPOSAL CHARGE $ '���° J BOX PREFERENCE PLASTIC TUB C. OSHA COMPLIANCES CORRUGATED BOX_ D. FUEL FEE 10% E. BIOHAZARD BOXES AND LINERS PROVIDED AT NO CHARGE - AUTHORIZED S&ATURE„BWS, LLC REP BWS AUTHORIZ 5 0 REPRESENTATIVE TITLE DATE Fc, i,Pg...�Wt _ CCC CC WRSTE 50LUTION5 This AZ-etrrnt between Blohledtcol Waste Solutions, LLC (BWS. Companyl and /(,/S uscomer) shall commence 2—fw-J—y ` !w_and shall continue for (36) thirty s6i months (the "Imua 0(/ r " 4T m 1• cw...Js ismile• this Agreementremavl vita Iu"'nged throughout she Initial Term Thu Agreement wrU autotrao W1y renew for succasne (36) thirty fix month terms (the "Renewal Term") unless either Customer or Company nos hes the cher, in writing. 30 days prior to nnceltation TERMINATION. This Agreement may be serm+ruted by Customer in the event of a material breach of she tttms of this Agreement provided Customer gives BioMedreal Waste Solutwns, LLC (BWS) written notice of any aiteged breach and such breach remains uncured for a period of 30 days follorrmg receipt of written notice to BWS However Customer may elect to terminate this Agreement prior to its oxpia110n without any breach by either parry by gning wnnen notice to BWS by repstered or ceruhed mall or by fax on company kuenccid and paying BWS an amount equal to she.average monthly bil for the current term of the contact multiphed by the renaming months on the contract but nee to exceed twelve months SEVERABILITY. Whenever possible, each pray sion of this Agreement stall be mccr prated in such a manner as to be valid under applicable low, however, d any provision of this Agreement shall be invalid or prohibited (or any reason any such ptovision shall be ineffective only to the extent of any such prohibition or terapdatson and the remainder of any such provision and the remain ng provisions of din Agreement shall remain valid and enfor coWe under all prove mns listed therein COUNTERPARTS FACSIMILE SIGNATURE DELIVERY Tho Agreement may be executed in any number of counterparts all of which taken together 030 constitute one tm[rumem The partes acknovdedge that the delivery of executed counterparts of this Agreement may be offered by facsimile "� trammavon JThis Agreement will be deemed effective u of the date signed by - tomer tJpYCnnm rnGRf¢I ^iJylryy[Asri[t �/.A q�rC�/aY,e�/��/yi2�� _/� g CJYG ZOJ� �[7rs.a�(rs !�/✓rrn�,r/raD (Cuts enter I•�na!tl --/ta) � �L�(p3 La'�/��ncrkes "I/a(i zw?iic•S -Kdi��aL�tySIW��[/Alvr. %1o,!Ar4�rs llQ�ec,-n /f /niji+��`/t�u� SyDua ie- rOMPLETE AGREEMENT. This Agmebirn t c ri the s o e AIM c a;eemc�between the arAU'ses a to thee mi ers contained herein. and supersedes any and all ocher agreements between them. The parties acknowledge and agree that inti of [hem has made any represenuiron with rupect. to such matters of this Agreement or any repreenuuons except n a e ipect6olly set forth herrn; and each party acknowledges -Nat it has relied stairs own judgment in emennginto this Agreement-Thepartiet --- further acknowledge that inumenu or repreentauons that may have been heretolorc made by either of them to the other are void and of no effect and that neither of them has retied thereon n connsswort nt dealing wish the other Rreula e_ d�Mediul Waste; Watteoer^cd hoer the veitmnt of hnraner avnu:vM: Nepoimwl tDue +dacuov[co Necomrwnurawa... that hatbem mad Icy rewrcn of bdogic+l Ixoddm mint D< glued n appm•ed conuawrt IDox or pnuc tvD) iugd wdh red bags. FIJI bap than be tied and tonurrrs shtu be clo¢ed to p event teals v last of w! d v Ikwd want AIa indmdwI conoeVera inaif net e.ceed IR cut Sgpgmf0ated Shartn Waui Any conum+n+tgd oClm that on pe,ate the thin and po,mt.,I breakable canutaers of mfecuoua nems. tach as blood. must be padeged In leak resistant, rigid, clo att e, puncture mutant containers and placed in approved eonolnera For transport. All,ndiwdud cmtainers ahs I wt exceed a01bt Fxo'red PMnna ceateal Warta: err eFpeed mrdici whin Are NOT:.a..uee orugt. U•1 at M,d:vgt n any prurmua.n.nh witch cbauin heavy metals and mr. curr. NI Ihdrrdm IcaulrRlt shoutd not tacaed 4011it and MUST BE PROPERLY MAR KEDFORDESTRUCTION P GekarK 1 Wr�e SurNal [pecimrm. an" or body para uuuea, aria oryanr must De placN m app wN mnum¢,t Ilio. n pluuc tool Med with rid bap I�II Gap shall b<ted and emu nut lint b<AotM eo pre•mtleals or Int of told a linen »sue tai nd..wvai contawrta shatf no: exceed 40 lac. and MUST BE PROPERLY- KARKED FOR DESTRUCTION Toa a Chemo WaRr. AI w+ate pertawng to applrade +ws ten regdn tint daodpng a vire rhnrc waste ^amu Dc PhcM rn apPro+ed conukrers (bov or pbux tub) trcd with red lir y. Full bags shall be tied and cmtinws sha•I be closed to prmmt mW ar pis of sdid d bgmd tinier All rid wd�il rmuiimrs vM'• m[ exceed a01Gi and MUST BE PROPERLY MARKED FOR DESTRUCTION W W W.BIC)MEDICALWASTESOLUTIONS.COM VEL 7G� N5 �� i -- C. I: D D LLJR5TE 5OLUTION5 TERMS AND CONDITIONS PAYMENTTERMS — ALL FAYMENTS ARE OIIF Anse PAYABLE UPON RECEIPT ANp WILL 0E DEEMED IN h0.0.FAR5130) THIRTY DAYS AFTER INVOICE DUE DATE ALL STOPS ARE INVOICED A ONE BOX MINIMUM PER STOP AMENDMENTS. BWS may propose amendments or additions to this Agreement and will inform Customer of apropos . ell change by written notice. Customer will be deemed to have agreed to the change if BWS does not receive a written response from Customer w its proposed change within (30) thirty, days following 1%nnafhng of the notice. BINDING EFFECT This Agreement shall be bindin; legal representatives, successors and permitted assigns. insure to the benefit of the respective panes hereto, ther hers. nrsc GOVERNING LAW VENUE AND JURISDICTION This Agreement and any addenda hereto have been prepared. arc executed and delivered and are intended to be performed in the State of Texasand the subsanme laws of Texas and the appl.cable federal laws of the United States shall govern die validity, construction. enforcement and interpretation of this Agreement and r77 -0(O addenda hereto and the relationship created by this Agreement and any addenda hereto. The parties acknowledge that a substinual portion of negotiations and anticipated performance of chis Agreement occurred or shall occur in Iu'f$ r,rr County. Texas. and that. therefore. without limning the jurisdiction or venue of any other federal or state courts, each of the parties irrevocably and [J rt1Z05 unconditionally (I) agrees that any suk. action or other legal proceeding arcing out of or relating to this Agreement maybe brought in S✓ the tours of record of the State of Texas in }e_9onx is County; (ii) consents to the jurisdiction of such court lin any such suit, action Q/� or proceeding; (ui) waives any oblecGon which it may have to the laying of venue of any such sore anion or proceeding in such court. 61`ZZDS and (iv) agrees that service of any court paper may be effected on such parry by mad as provrded in this Agreement or :n such other manner as may be provided under applicable laws or court rules in the State of Texas. Jew% Cb WAIVER. No failure or delay by either parry in exercising any Eight or remedy under this Agreement or any addenda hereto shall operate as a waiver of that right or remedy, nor shall any single or partial exercise of any right or remedy preclude any other or further exercise of that or any other right or remedy. No waiver of any provision of this Agreement shall be effective unless it is in writing, signed by both parties and any such written waiver shall only be applicable to the specific instance m which it related and shall not be deemed to he a continuing or future waiver. Customers.rights and remedies under this Agreement and any addendum hereto shall be In addition to all other rights and remedies provided by law. INDEMNIFICATION. BWS will indemnify and hold Customer harmless from any and all loss. damages. suis. penalties. cases, liabilities and expersses (including, but not limited to, reasonable investigation and legal expense) arising out of any clam for loss or damage to property. including customer's property and injuries to or death of persons, inc:udmg customer's employees. guests or agents, caused by or resulting from BWS c acts or omissions under Agreement. The foregoing indemnity from BWS in favor of Customer under this section shall be inapplicable to she extent that the loss. damagessuits, penalties, costs. liabilities andior express resultfrom the Customer's provision to BWS of waste other than Medal Waste. In any insane in which Customer claims indemnity under this section. BW5 shallhavethe right, but not the duty. to defend Customer in (and control the defense or) any Litigation arising out of the occurrence from which Customer Claims that BWS's hndemniry obligation exists. Customer hereby agrees to indemnify and hold BW5, its affiliates. the directors, officer employees, ocher agents and BWS's client community where the facility L113L is to receive the waste Is located harmless from any and all loss, damagessuits, penalties. cost. liabilities and expenses (including. but not limited to. reasonable investigation and legal expenses) arising out of any claim for loss of or damage to property. including BWS's property and injuries to or death of persons, including BWS's employees (0 caused by or resulting from Custome''s negligence or willful misconduct or (ii) caused by or resulting from Customer's providing to BWS of waste other than Medical Waste or any other breach of this Agreement by Customer Customer acknowledges that it has the care. custody and control of containers and other equipment owned by BWS and accepts responsib.hty and tib bty for the equipment and its contents except when it :s being physicaliy handled by employees of BW5. Therefore. Customer expressly agrees to defend, indemnify and hold harmless BWS from and against any and all claims for loss of or damage to property. or injury to or death of person or persons, resulting from or arising in any manner out of Customer's use, operauon or possession of any containers and other equipment P.trmshed under this Agreement With respect to any claim for lndemnj&cion. the party cla.ming a right to indemnify shall (i) give written notice thereof within a roasonab:e period followwg the event or occurrence as to which the right to indemnification e. or may be asserted and (n) allow the other party (including its employees. agents and counsel) reasonable access to any of its employees. property and records for the purpose of conducting an invostigadon of such claim and for the purpose of obtaining statements, photographs, and chemical analyses and Taking such other steps as may be necessary to preserve evidence of die occurrence on which the claim is based. If the party claiming a right to indemnify denies the other parry reasonable access as set forth above. the party claiming a right to indemnify sharl assume sole responsibility for the claim for which indemnification is sought and shall not be entitled to indemnity. VvFWW.BIOMEOICALWASTESOL'UTIONS:COM r pg,_ i"P i 1. W RSTE SOLUTIONS Waste NOT accented by BWS: 'Hazardous waste (including but not limited to): 'Mercury 'Amalgam *Chemicals *Full Body Remains *Fecal Remains 'Bulk Chemo Waste *Hazardous Pharmaceutical Waste `Radioactive Waste *All Aerosol Containers "Improperly Packaged Waste 'Loose Sharps (Customer Initials) --------------- pg.-,/ ,L1 WWW.BIOMEDICALWASTESOLUTIONS.COM DEPARTMENT: MEETING DATE: SUBJECT: BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM Road & Bridge December 12, 2017 Right -of -Way Acquisition Acceptance of Special Warranty Deed from Karla Ann Seeton and husband, Gary E. Seeton for 0.286 of one acre of land to be used for improvements to Straub Road located in Precinct 1. The following supporting documentation is attached for reference: • Copy of Special Warranty Deed • Copy of Right -of -Way Acquisition Agreement SUBMITTED BY: Q"0 (') - V� Darrell W. Kolwes Right of Way Agent ACKNOWLEDGED BY: Steve Aldrich Commissioner Precinct 1 This request isAPPROVED / ❑ DENIED by Commissioners' Court Duane Peters, County Judge DATE: � z1 )7 I L�7 Vol. ��i✓� pg /v2� NOTICE OF CON'FIDEN'TIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER Special Warranty Deed THE STATE OF TEXAS COUNTY OF BRAZOS Straub Road KNOW ALL MEN BY THESE PRESENTS: GRANTOR(S): Karla Ann Seeton aka Karla Ann Koch aka Karla Koch Dick aka Ann Koch Seeton and husband, Gary E. Seeton Grantor's Mailing Address: P. O. Box 9224 College Station, Texas 77842-9224 GRANTEE: BRAZOS COUNTY, TEXAS Grantee's Mailing Address: 300 East 26th Street Bryan, Texas 7780? Consideration: Ten and No/100 dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. Property (including any improvements): All that certain lot, tract or parcel of land being 0.286 of one acre, more or less, lot, tract or parcel of land lying and being situated in the SAMUEL DAVIDSON SUREY, Abstract No. 13, Brazos County, Texas and being a part of that certain called 6.66 acre tract as described in deed from Cindy M. Arnold to Ann Koch Seeton recorded in Volume 9025, Page 99 of the Official Records of Brazos County, Texas, said 0.286 of one acre being more particularly described by metes and bounds description as shown in Exhibit "A attached hereto and made a part hereof for all purposes. Reservations from and Exceptions to Conveyance and Warranty: There is hereby EXCEPTED and RESERVED from this conveyance, and retained in favor of the Grantor, their heirs, executors, administrators, successors and assigns, in perpetuity, all of the oil, gas, liquid hydrocarbons, residue gas, the products and by- products of the foregoing, sulphur, coal, lignite, uranium, and all other minerals in, on or under the hereinabove described property; provided, however, Grantor, their heirs, personal representatives, executors, successors and assigns shall have no right of ingress and egress at any times for the purpose of mining, drilling, exploring, operating and developing said lands for oil, gas, and other minerals or for storing, removing, transporting, processing or marketing the same there from. This reservation and exception shall, however, include the right of Grantor, its successors and assigns, to grant leases on the property to develop same by directional drilling, pooling, unitization, or subsurface gasification, or liquefaction processes. Notwithstanding anything herein to the contrary, the Grantee shall have the right to use, without additional compensation, any stone, earth, gravel, caliche, iron ore or any other road building material upon, in or under the property for the construction and maintenance of road or roads thereon, such materials, for the purposes of this conveyance, being herein defined as not constituting 'other minerals." This conveyance is made and accepted subj ect to any and all conditions, restrictions, if any, relating to the hereinabove described property, to the extent, and only to the extent, that the same may still be in force and effect, shown of record in the office of the County Clerk of Brazos County, Texas. Grantor, for the consideration and subject to the reservations from and exceptions to conveyance and warranty, grants, sells and conveys to Grantee the property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to Grantee, Grantee's successors or assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators, and successors to warrant and forever defend all and singular the property to Grantee and Grantee's successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through, or under Grantor, but not otherwise, except as to the reservations from and exceptions to conveyance and warranty. When the context requires, singular norms and pronouns include the plural. Executed this 30 day of 1 Vd /yl , 2017. aka Karla Koch Dick aka Arm Koch Seeton vol, -1 G_S� pg, /?�/ Acknowledgment STATE OF § COUNTY OFF znS § This instrument was acknowledged before me on //— 3 C' —'QD n by Karla Ann Seeton aka Karla Ann Koch aka Karla Koch Dick aka Ann KochSeeton and husband, Gary E. Seeton. DARRELL W KOLWES My COMMisslon Expires n n.. July 23.2018 Notary Public, State ofFexas Vol. _Gj—. Pg. �------- EXHIBIT " A " SHEET 1 OF 2 FIELD NOTES BRAZOS COUNTY STRAUB ROAD WIDENING 0.286 OF ONE ACRE OUT OF THE ANN KOCH SEETON CALLED 6.66 ACRE TRACT VOLUME 9025, PAGE 99 SAMUEL DAVIDSON LEAGUE, A-13 JULY 7, 2016 Ail that certain let, tract or parcel of land being 0.286 of one acre situated in the SAMUEL DAVIDSON LEAGUE, Abstract No. 13, Brazos County, Texas and being a part of that certain Called 6.66 acre tract as described in deed from Cindy M. Arnold to Ann Koch Seeton of record in Volume 9025, Page 99, Official Records of Brazos County, Texas, said 0.286 of one acre tract being more particularly described by metes and bounds as follows: BEGINNING at a 5/8" Iron Rod found for the most northerly corner, said corner being the most northerly corner of said Called 6.66 Acre Tract, said corner being located in the Occupied southwest line of Straub Road; THENCE S 29 ° 18 ' 52 " E, a distance of 438.46 feet to a 6" Fence Corner Post found for the Occupied most easterly corner; THENCE S 44 ° 29' 27 " W, a distance of 55.99 feet to a 1/2" Iron Rod with Cap set in the Occupied southeasterly line of said Called 6.66 Acre Tract for the most southerly corner, a Fence corner Post found for in the north right-of-way line of Straub Road as described in Volume 9300, Page 267 bears S 44 ° 29'27 " W a distance of 8.68 feet; THENCE N 15 ` 30 '48 " W, a distance of 43.58 feet to a 1/2" Iron Rod with Cap set for angle point; THENCE N 22 ° 21 ' 27 " W, a distance of 169.23 feet to a 1/2" Iron Rod with Cap set for angle point; THENCE N 28 ° 40 ' 03 " W, a distance of 244.81 feet to a 1/2" Iron Rod with Cap set in the northwest line of said Called 6.66 acre tract for the most westerly corner, a 6" Fence Corner Post found for reference at the most southerly corner of said Lot 3, Block 1 bears S 61 ° 34 '42 " E a distance of 633.71 feet; THENCE N 63 ° 37' 17 " E, along the Occupied northwest line of said Called 6.66 acre tract a distance of 20.14 feet to the PLACE OF BEGINNING AND CONTAINING AN AREA OF 0.286 OF ONE ACRE OF LAND MORE OR LESS, according to a survey performed on the ground during April, 2016, under the supervision of H. Curtis Strong, Registered Professional Land Surveyor No. 4961 and doing business as FIRM No. 10093500. North Orientation is based on rotating the northeast line of said Called 6.66 acre tract to Grid North NAD83 (2011) epoch 2010.00 Texas Central Zone by utilizing GPS Methods. For other information, see accompanying plat. NOTES: 1722 Broadmoor, Suite 105 North Orientation Is hosed on roluling the TRONG Bryan, Texas 77802 northeast line of The Called 6.66 Acro tract to Phone., (979) 776-9836 Grid North NA0831201II apo<h2010.00 by utic,ting I URVEYING Fal: (979) 731-0096 GPS methods. L Flnn — S Na 10093500 email., curtfsostrongsurve3fnlj.cem O Indicates 1/2 Iron Red vafh Cap set. Straub Road (P osslble Prescriptive - No Dead Fnd.l Straub Road (9661/751 Fnd. 5/8" (Call S 29°21'56' E Fnd, 5/8° / Iran Rod 5 29'16'52', F (Call and Actaall 0106 OF ONE ACHE N 29'21'56" W 333,27' N 28.40'03" W 244.61' N 63°37'17" E 20.14' Jefferson Hoyden Rampy 6 Ann Koch Seeton Atosho M. Rampy Called 6.66 As. Lal 3, Block 1 9025/99 Straub Road Subdivision 9681/75 S 61'34'42' W 633.71' Along the southeasterly Ila V Called Lot 3 Block I Fcp I, H. Curlls Strong, Registered Professlen.I Land Surveyor No. 4961 do hereby cerllfy that the above plat represents the results of an on Iho ground survey performed under my supervision during the month of April, 2016, and Is True and correct to the best of my knowledge. G. N 15'30'40' W� I u'90" t 43.58. 2/9.68, f 6 Fcp O BRAZOS COUNTY STRAUB ROAD R.O.W. WIDENING 0.286 OF ONE ACRE BEING A PART OF THE ANN KOCH SEETON 6.66 ACRE TRACT VOLUME 9025, PAGE 99 SAMUEL DAVIDSON SURVEY, A"13 SCALE 1'=50' JULY 7, 2016 PAGE 2 OF 2 RIGHT-OF-WAY ACQUISITION AGREEMENT Road: Straub Road Project: R1-219 W.O. No.: 33415 Precinct: 1 I (we) the undersigned owner(s), accept payment of $16,106.00 as compensation and full settlement for granting of a Special Warranty Deed in, along, upon and across 0.286 of one acre of property located on above mentigined project. Karla Ann Seeton aka Karla Ann Koch Aka Karla Koch Dick aka Ann Koch Seeton A1,g 0, 2O Date 1 i Gary S�n Date Vol a_�Gy�. Pg. /'zcf�-) S"e• E"o. T CLNeQ TY OF 84 BRAZOSCOUNTY ROAD AND BRIDGE DEPARTMENT Duane Peters, Brazos County Judge Steve Aldrich, County Commissioner Pct. I Sammy Caudena County Commissioner Pct. 2 November 30, 2017 Straub Road Brazos County— Precinct 1 R2-219/33415 0.286 acre of land Karla Ann Koch aka Karla Koch Dick aka Ann Koch Seeton P. O. Box 9224 College Station, Texas 77842-9224 Dear Ms. Seeton: Nancy Berry, County Commissioner Pet. 3 Irma Cauley, County Commissioner Pct. 4 In finalizing our negotiations for your property for the improvements to be made to Straub Road, the following is our understanding: 1. Brazos County will purchase 0.286 of one acre of land from you to be used as new right of way. 2. Any minerals will remain in your possession. 3. Brazos County will pay for all recording and closing fees. 4. During construction of the widening of Straub Road, Brazos County will install two 40' driveways connecting into the new right of way line meeting the County regulations as set out in the publication "Regulations of Brazos County, Texas for the Construction of Driveways and Culverts in County Easements and Rights of Way". 5. During construction, Brazos County will push back any rock material in the new right of way from the old railroad right of way onto the remainder of landowner's property. 6. County agrees to install an additional 10 feet of culvert pipe including rock material to east end of existing driveway on Straub Road. If any of the above does not meet with your approval, then please let me know and I will revise it. If you should have any questions concerning this transaction, please do not hesitate to contact me at (979) 822-2127, ext. 3033 or (979) 277-2273. Sincerely, D"O Darrell W. Kolwes Right of Way Agent ^ 'Vol 9 1, -2" 5V 2617 Highway 21 West Bryan, Texas 77803 Office (979)822-2127) Fax (979)775-0453---,� BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT: Road & Bridge MEETING DATE: December 12, 2017 SUBJECT: Utility Permit — Wickson Creek Special Utility District Consider and take action on the Wickson Creek Special Utility District utility permit to construct a road bore for a 1 inch water line crossing under Grassbur Road 300 feet southwest of Shady Lane. Crossing will be encased and be a minimum of 36 inches under the bottom of the ditch. Line will provide service to customer at 7931 Grassbur Road. Site is located in Precinct 2. SUBMITTED BY: Darrell W. Kolwes Right of Way Agent ACKNOWLEDGED BY: Sammy Car/dlena Cormnis.5{oner Precinct 2 This request is APPROVED / ENIED by Commissioners' Court Duane Peters, County Judge DATE: 1 ZI I Z l I I i pg� /JPO I APPLICATION FOR WATER UTILITY PERMIT DESIGNATING PLACEMENT OF UTILITY IN COUNTY RIGHT OF WAY TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS Pursuant to the Texas Utility Code, Section 181.024, comes now WICKSON CREEK SPECIAL UTILITY DISTRICT [company name], hereinafter referred to as "Company" a TEXAS [state] Corporation, with authority to transact business in Texas, acting by and through its duly authorized representative, and hereby petitions the County Engineer for the right to lay, construct, maintain, repair and/or operate a gas facility under, over, across and/or along certain County Roads as shown on drawings and diagrams attached hereto and said location described as follows: Facility to Cross Road Length of TYPE OF CONSTRUCTION Road Name & Block Number Crossing CHECK ONE Bored Jacked Driven Cased GRASSBUR ROAD 60' X X Facility to Parallel County Road Within Right-Of-Wav CONSTRUCTION TYPE I,, Diameter Wall Thickness 1 /2' Encasement Pipe Material Specification Maximum Operation Pressure 80 PSI The location and description of the proposed installation and appurtenances must be fully shown on the attached detailed drawings. The Company shall commence actual construction/work in good faith within 60 days from the date of said permit and shall complete said construction /work within 1 working days. (COMPANY MUST FILL IN). If such construction is not begun by the 601h day, Company will be required to apply for a new permit. Company declares that prior to filing this application, it has ascertained the location of all existing utilities, both aerial and underground, and the filing of this application is prima facie evidence that the proposed installation will not conflict with any existing utility. A copy of this permit shall be kept at the job site any time work is being performed. It is expressly stipulated that this Permit is a license for permissive use only and that the placing of facilities upon public property pursuant to this permit shall not operate to create or vest any property right in said holder. It is understood and agreed that the rights and privileges herein set out are granted only to the extent of the County's right, title and interest in the land to be entered upon and used by the holder and the holder will at all times assume risk of and indemnify, defend and save harmless Brazos County_ from -and -against -any and all loss, damages, cost or Vai- 02 pg, /3/ expense arising in any manner on account of the exercise or attempted exercise by said holder of the aforesaid rights and privileges. Any deviation from these specifications must be approved by Brazos County Engineer's Office or its designated representative. Approval of County Engineer's Office may take as long as two weeks after complete application is received. Applicant agrees to comply with all rules of the County Commissioners and the County Engineer in construction of said installation attached hereto as BRAZOS COUNTY DESIGN STANDARDS AND SAFETY PRECAUTION REQUIREMENTS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY and incorporated herein for reference. In the event Connpany fails to obtain a permit prior to the installation or does not install utilities in compliance with installation requirements set forth herein (i.e. depth, location, etc), Company assumes all financial responsibilityfor damages and/or destruction of lines, cables, etc. based upon its failure to comply with Brazos County requirements. Applicant agrees that if Brazos County demonstrates a violation of the terms of this policy, Applicant stipulates that requisites for injunctive relief exist and that Brazos County is entitled to relief enjoining any conduct by applicant which is contrary to the policies. This permit is a revocable permit. Brazos County reserves the right to revoke this permit at any time, in the sole discretion of Brazos County, for interests of public health, safety or welfare, or fo• failure to repair any damages upon demand, or for any other reason deemed sufficient by Brazos County. In the event Company fails to comply with any or all of the requirements as set fort: herein, the County "nay take such action as it deems appropriate to compel compliance. The County Engineer further retains the right to revoke this Permit by verbal notification to the Applicant/Connpany. Failure to obtain this permit and/or notify the County Engineer's Office within 24 hours of beginning construction shall constitute grounds for job shutdown. By signing below, I certify that I am authorized to represent the Company listed below, and that the Company agrees to the conditions/provisions included in this permit. WTCKSON C'RERK SIM Company Name By:� L Signature f-FN-R➢T MANAGFR Title P.O. Box 4756 Address Bryan., Tx 77805 City State Zip (97 9) 589-30 Phone Number I n@wi rkgnn`-reek rCzn Email: pg, 302 WATER UTILITY APPROVAL Brazos County offers no objection to the proposed location of the utility in the County right of way as shown by accompanying drawings and notice dated f � — 4 —1-7 except as noted below: EXCEPTIONS: �y (Month/Day/Year) Brazos County Road Administrator vol. --'-2UPg. / 3 Q W r 5 PLAN VIEW � CENTER LINE 1 TYPICAL SECTION SHOW NO RTH AR ROW Ll. 6 COUNT`' R0ADCc v� s� u� 1. IN CROSSING ROAD OR GOING ALONG RIGHT-OF-WAY, SHOW DEPTH 3 LOCATION OF CONSTRUCTION IN TYPE SECTION & PLAN 2. IN PLAN VIEW SHOW DISTANCE FROM YOUR CONSTRUCTION TO NEAREST INTERSECTION 3. IF ABOVE PLAN VIEW ANDIOR TYPE SECTION IS NOT APPLICABLE, THEN SHOAT APPLICABLE PLAN AND! OR SECTION BRAZOS COUNTY ROADWAY SAFETY AND ROAD PRESERVATION STANDARDS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY A. General Requirements 1. Adequate drainage shall be maintained in ditches at all times. 2. Permittee will use best management practices ("BMP") (EPA and TCEQ both provide lists of examples of BMPs) to minimize erosion and sedimentation resulting from the proposed installation. 3. The permittee shall take precautions to avoid damage to property. All County Right of Way and property shall be restored to its original condition, as far as practical, in the opinion of the County Engineer or appointed representative. 4. The construction and maintenance of such utility shall not interfere with the property or rights of a prior occupant. 5. Permittee shall not interfere with other utilities located in the right of way. In the event damages occur, permittee will be liable to the County or other utilities running through the right of way. 6. County Engineer shall determine whether or not permittee's plans shall inconvenience the public. If it is determined that inconvenience to the public exists, then the County Engineer will decide whether such project will be allowed or if an alternative exists so as not to inconvenience the public. B. Safety Requirements I . Proper traffic control measures must be put in place prior to beginning work and remain in place during the duration of the job. All traffic control measures must follow the Texas Manual of Uniform Traffic Control Devices (TMUTCD). See Traffic Control Requirements below. 2. During construction, all safety regulations of the Texas Department of Transportation shall be observed. 3. Permittee must take such precautions and measures, including placing and displaying safety devices, as may be necessary, in order to safely conduct the public through the project area. Company shall provide flagmen, signs, signals or devices necessary to provide complete safety to the public. 4. Adequate provisions must be made to cause minimum inconveniences to traffic and adjacent property owners. 5. No cable, conduit and/or pole line shall be laid, constructed, maintained and/or repaired so as to constitute a danger or hazard of any kind to persons or vehicles using such road. Any poles placed in the Right of Way for future installation shall be placed at the back of the Right of Way. Exceptions may be approved by the County Engineer. C. Traffic Control Plan 1. A traffic control plan, pursuant to the TMUTCD or Engineered Traffic Control Plan must be provided for the following: a. Any construction (i.e. pit, excavation, hole) left open overnight, requires specific nighttime traffic control measures pursuant to the TMUTCD; I��` b. If construction is within ten (10) feet of the roadway; or c. Any work performed in the road right-of-way; 2. Plan must be attached to the permit and kept at the job site anytime work is being performed. 3. Plan must set forth the time of completion for the job. D. Design Standards 1. All overhead installations shall conform to clearance standards of the Texas Department of Transportation and the pole be placed in the designated area for power specified as set forth in the Texas Utilities Code, Section 181.045. 2. All pole installation (including lighting) shall be placed at the backside of the Right of Way to ensure safety to the public. Any pole placed in violation of this requirement will be required to be moved to the appropriate location at the company's expense. Exceptions may be approved by the County Engineer. 3. All underground installations shall (these are minimum depths – utility may place deeper): a. be placed at a minimum depth of forty-eight (48) inches below the top of the pavement; b. be at least thirty-six (36) inches below ditch flow line when installation is within the area measured from top of bank to top of bank; c. be at least forty-eight (48) inches below ditch flow line if low pressure gas or petroleum lines. For high pressure gas and petroleum lines, see High Pressure Pipelines requirements listed below; d, not be closer than ten (10) feet from the edge of pavement. Exceptions may apply in rights of way of less than 60 feet. 4. Water Lines: All water lines must be a minimum 36 -inches below the ditch flow line and eased. Waterlines shall be cased if crossing under the roadway. 5. Utilities in all new developments that have 60 feet or greater of right of way shall be installed within designated locations based upon the type of utility. The locations shall be as follows: (measured from back of right-of-way). Power – 0 to 2 feet, nominally 1' Phone – 2 to 4 feet, nominally 3' Gas – 4 to 6 feet, nominally 5' Cable – 6 to 8 feet, nominally 7' 6. Utilities with less than 60 feet right-of-way in all new developments shall install the utility in a similar manner as referenced in No. 3 above; however, the County Engineer or its designated representative will provide final approval of each utility location. 7. The length of any trench to be opened in advance of the pipe, conduit or ducts may not be longer than 400' if left open over night or unattended. Crossings under a county road shall: a. be bored or jacked. ABSOLUTELY NO OPEN CUTS WITHIN COUNTY ROAD PAVEMENT; b. be pressure grouted for the full length of the crossing if the annular space between pipe and casing and soil exceeds one (1) inch. Brazos County must be given 24 hours notice of pressure grouting operations and have the opportunity to have an inspector on site to observe pressure grouting operations; t— ---- c. TxDOT Standard Specification Item 476 shall be followed for all boring, jacking, tunneling and joints. Bore Pits: a. no pits shall remain open longer than 2 days; b. all pits shall have proper traffic control measures in place. See Traffic Control Plan listed above. c. pits shall NOT be located within ten (10) feet from the edge of pavement without prior approval from the County Engineer or his representative; d. when pits are to remain open for more than 8 hours, due diligence will be used in protecting the spoil pile to prevent drainage problems; e. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity; f. based upon soil conditions, the County Engineer or his representative may require pits be placed further from the edge of road. 10. Any installation within ten (10) feet of edge of pavement shall meet the following: a. location must be approved by the County Engineer or his representative b. backfilled with cement stabilized material. c. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity. d. all excess water and mud shall be removed from the trench prior to backfilling. Any backfill placed during a rainy period or at other times where excess water cannot be prevented from entering the trench will be considered TEMPORARY and shall be replaced with PERMANENT cement stabilized material as soon as weather permits; e. all disturbed base and pavement materials shall be removed and restored to the satisfaction of the County Engineer or his representatives. f. no side or lateral tamping to fill voids under the base and pavement materials is allowed. 11. Company must be careful to not jeopardize the slope or integrity of the shoulder of the road. In the event Company damages the slope, shoulder or any other portion of the right-of-way, Company will be responsible for repairing the damage and replacing the right-of-way to the condition it was prior to commencing construction. 12. Operation of construction and/or maintenance equipment on the traveled surface of any improved County road will not be permitted, except in an instance whereby the laying, construction, maintenance and/or repair of cables, conduits and/or pole lines cannot be accomplished by any other method and in this event all such equipment shall be of the rubber tire variety. Appropriate traffic control shall be provided meeting TMUTCD requirements. 13. In the event said construction and/or maintenance and/or repair requires Company to remove, cut or J eopardize any section of the road (asphalt, cement, road base, etc.), Company will be required to provide a performance bond or letter of credit securing necessary repairs. Said bond amount will be determined by the County Engineer. 14. The applicant shall submit a letter of "No Objection" from the Army Corps of Engineers for all designated wetlands and environmentally sensitive lands. E. Emergency work 1. In the event Company is required to perform emergency services, that requires excavation in a County Right of Way, and unable to notify the County Engineer prior to conducting emergency repairs, Company shall notify County Engineer within 24 hours of beginning construction/repairs. This will allow the County Engineer's Office an opportunity to inspect the site to ensure the integrity of the County Right of Way and traffic safety controls used. F. Repairs to existing facilities 1. Maintenance and/or repair to existing cables, conduits, and/or pole lines which require disturbance of the soil, shall not be performed until plans describing such maintenance and/or repair have been approved by the County Engineer or its designated representative and a permit has been obtained. G. Relocation of utilities 1. When and if the County Engineer determines that it is necessary for the construction, repair, improvement, alteration or relocation of all or any portion of said road, any or all poles, wires, pipes, cables or other facilities and appurtenances authorized hereunder, shall be removed from said road, or reset or relocated thereon, as required by the County Engineer within a reasonable time as determined by the County Engineer and Utility Company, and at the expense of the Utility Company. H. High Pressure Pipelines 1. All utility Permits for high pressure pipelines (generally 60 PSI or greater), whether pertaining to controlled access or non -controlled access installations, should contain the following additional information in the description of the permit. -diameter -wall thickness -material specification -minimum yield strength -maximum operation pressure of the pipeline 2. With the exception of the maximum operation pressure of the pipeline, this information is to be supplied for both the carrier pipe and the casing. 3. Assurance must also be given that the installation material and design meet the minimum Federal Safety Standards for Liquid and Gas Pipe Lines. Assurance must be provided on company letterhead and signed by an authorized representative of the company. 4. Petroleum Pipelines: Depth Type of Pipeline (below deepest ditch grade) Special Requirements Encased Pipe Less than 10' Must be covered with concrete pad at least 36" deep Encased Pipe Greater than 10' No concrete pad required Non -Cased Pipe Less than 10' Must be covered with concrete pad at least 48" deep Non -Cased Pipe Greater than 10' No concrete pad required Concrete pad shall be minimum of 3" thick and width shall be pipe diameter plus 18" minimum 5. Under no circumstances will a pipeline be installed parallel to a County Road within the Right -of - Way. Transmission lines have been determined to be petroleum pipelines (which includes natural gas lines) and shall not be parallel to a County Road. 6. Natural Gas Distribution is a line that,serves_the-final-customer. DID I ISm rotoo 4 0 51 VIIQ $ 8 � I I I I I I I I , I I I I I I6 I coo -+o 4B' M 40' IFI M< - Sae Ibfn Il TCP (2-1a) WORK SPACE NEAR SHOULDER Conventional Roads TCP (2-1b) WORK SPACE ON SHOULDER Conventional Roads hh� Isco mtae 4 L M-2 40' K V- IS. to LEGEND �lypa 3 Barr lavm o a_Mmnollxl M,0ovicoe "�' Noovy Nvk vMldo ® Atfo,wyor Iran+ ira l+ar uMrotl FIaMIM N'ro+Owra � vwi Wle Cagvabla M ynaD00o s1O, IPJdI SIOn Tro111F Flov A FIM II ••U FIPoOer sWaa I.,. Ylnl v,m Pool mala taCarteM.b I,Y 10' r 1 arm 4irw rm SUOW.+w I .] YINnw spmlry r aWwoloa gyYl+xlro psvwlry oll-Il—. euvleaa .y. emrur soee. a M c olnaro ro• 10: 0` *aomn ]0 2 150'Hill", 10' 6v' 120' 90' 35 L. = 205'J'TO' I I60' 120' 265'40' 00' 240' 155' 90 45 450' 45' 90• 120' 195' 600' S0'100'400'240' z. All troffl' amilol 400. IIIY91Iato0 vo MMIFEO, vo.M trove 50 55 60 L -Vs 550' S5' Il0' 500' M. 600' 660' h0' 60' 120' 600' 350' 650' TIS' 700 65' 130' 700' 410' fi5 loo' TTo' 040' 70• 140' Bao' ITS' 10 TS RO' 025' 900' T5' 150' Soo' 1 540' Iinla to av Note ll '% Eerwl Rooee only SHU.R M Ail0.V N -M Interlonth. NOI rau^AOoff. L-LOMfA OfcIFTl F -910th Of0((aa11R1 5•Pos10C SpaoE M%1l I �I 'I GENERAL NOTES Flogs NtaWC to .1,N Nv. Yam, . RENc0E0. z. All troffl' amilol 400. IIIY91Iato0 vo MMIFEO, vo.M trove mnt. vlin IN tnal9la eyselm m mltt44 mag "'foo In IN tio", a for rMfb e. WeN n'a v 1, km aorwe0 ny tro Ugtmer. ]. Narkallea emerlal INYl0 no &W a olnInm of ro fvt Ow naovrt irwolo9 wy. .. YgtlaY VaMela tlM. mC nlon I..itY rala}I,p, IIONIM. .1I1 JIM a OhOno I'onta. A SONOY Ymlole Yltn 0 IRL aNYl9 M i —d aryiinn It am to WItt¢Vf M to Iw leef In olvm of in'c,. otgaiWo ulttWf MvmOoly aff.IfN IN o �L If =Z tu! rod or v A eatdl tffinenrogliro INmtrolfo con"I 1. 1.l In ola-w, lyoa 10emlmCee er ON, C,e'ovl ilry my ma my N 0.6o111Y1a0 for IN SnO YMICIO oA M 5. Awitto,o1 iN"n'vlMolo. W. nA my na "Iflo ao 01 Ito oavo0 Cv1®, non 1. tb4a onnno In wmr fa or.oet o riO wrk ea0w S 1 6.11 for tlnll� a k m dMto4 nlor, , mlyso.+oya aN S froov�e. e g 7. Incetive vvrk v<nlele0 or MNr .1.1 Nw10 In Mrlo 0 noar iN o rltlrt-0(-M IIM . M yTRM m IN t'" dcYlCor. A.cal-s •sdYA001 M. of no wr b oma In ol. of 41m -I0 I AOA°=9 AHFAO' 41pm for Molmr a m rn ant lalol load ty, For Finatruotll or vo Into -o aontrMe wrx, aaoeifie ora]od romIramnb for on00w vanialoo cm M fol In In Oroleot GENERAL �lATB for Itaa 502, 10A0 I Bmrl rnCoa, SIC,w v,a Tleflc HmNllno. ORK xEAD Texas vn Tfarupwlaflan rrloDepurt=tWe. ® n�ym orrmov awm o TRAFFIC CONTROL PLAN Iota 11 CONVENTIONAL ROAD SHOULDER WORK TYPICAL USAGE Vv3[LE SHU.R M Ail0.V SY.61i iCIL ]NiF102DIRC LRIC iWl $3AifCYnki RP4 S1AilONAR1 SiA'IOMIAf TCP (2-1c) TCP(2-1)-12 WORK VEHICLES ON SHOULDER al ra Conventional Roods e,n ...- _--- -_„•_ 11G111 V V V Gl J11GR DEPARTMENT: DATE OF COURT MEETING: ITEM: TO: DATE: FISCAL IMPACT: BUDGETED: DOLLAR AMOUNT: File Name P2-12-07-17-CC.pdf P3-12-07-17-CC-A.Od( P3-12-07-17-CC-B.edf T9 BRAZOS COUNTY BRYAN,TEXAS NUMBER'. 12/12/2017 Expenditure Journal Entries • Expenditure Journal Entries FY 17118 110144; 120001-120003; 120009-120011 Commissioners Court 12/07/2017 False False $0.00 Description Tvpe Expenditure JEs Backup Material Expenditure JEs Backup Material Expenditure JEs Backup Matenal APPROVED uane Peters Date . County Judge is 12/07/17 BRAZOS COUNTY, Tx ACCOUNTING PERIOD: 3/18 BATCH JOURNAL ENTRY EDIT LIST CONTROL NUMBER J E NUMBER DESCRIPTION PERIOD/YR HOLD RECORD FUND DIV/FUND ACCOUNT PROJECT ACCOUNT ITEM DESCRIPTION 12.07.17 110144 Trvl Reimb-A Chavarr 2/18 Y 333362 0100 24200100 61110000 Gtown 11.13-15.17 333363 0100 0100 20455700 Gtown 11.13-15.17 TOTAL JOURNAL ENTRY TOTAL CONTROL NUMBER TOTAL REPORT DEBIT AMOUNT 64.00 64.00 64.00 64.00 PAGE 1 CREDIT AMOUNT 64.00 64.00 64.00 64.00 RUN DATE 12/07/17 TIME 13:48:09 SUNGARD PENTAMATION - FUND ACCOUNTING 12/07/17 BRAZOS COUNTY, TX PAGE 1 ACCOUNTING PERIOD: 3/18 BATCH JOURNAL ENTRY EDIT LIST CONTROL NUMBER J E NUMBER DESCRIPTION PERIOD/YR HOLD RECORD FUND DIV/FUND ACCOUNT PROJECT ACCOUNT ITEM DESCRIPTION DEBIT AMOUNT CREDIT AMOUNT 12-07-17 120001 Dec 17 Health Dept 3/18 Y 333344 0100 11002000 73510000 Dec 17 Health Dept 29,929.17 333345 0100 0100 11005200 Dec 17 Health Dept 29,929.17 333346 9100 9100 11005200 Dec 17 Health Dept 29,929.17 333347 9100 9100 43041200 Dec 17 Health Dept 29,929.17 TOTAL JOURNAL ENTRY 59,858.34 59,858.34 12-07-17 120002 Dec 17 Retiree Healt 3/18 Y 333348 5000 5000 11005200 Dec 17 Retiree Healt 186,339.00 333349 5000 5000 46028400 Dec 17 Retiree Healt 186,339.00 333350 0100 11000100 53310000 Dec 17 Retiree Healt 174,888.00 333351 0100 0100 11005200 Dec 17 Retiree Healt 174,888.00 333352 9100 53000100 53310000 Dec 17 Retiree Healt 4,164.00 333353 9100 9100 11005200 Dec 17 Retiree Healt 4,164.00 333354 9700 551100 53310000 55111800 53310000 Dec 17 Retiree HealC 6,246.00 333355 9700 9700 11005200 Dec 17 Retiree Healt 6,246.00 333356 3000 424100 53310000 Dec 17 Retiree Healt 1,041.00 333357 3000 3000 11005200 Dec 17 Retiree Healt 1,041.00 TOTAL JOURNAL ENTRY 372,678.00 372,678.00 12-07-17 120003 Dec 17 Survivor Spou 3/18 Y 333358 0100 11000100 53370000 Dec 17 Survivor Spou 1,041.00 333359 0100 0100 11005200 Dec 17 Survivor Spou 1,041.00 333360 5000 5000 46028100 Dec 17 Survivor Spou 1,041.00 333361 5000 5000 11005200 Dec 17 Survivor Spou 1,041.00 TOTAL JOURNAL ENTRY 2,082.00 2,082.00 TOTAL CONTROL NUMBER 434,618.34 434,618.34 WARNING CASH BALANCE FOR FUND 3000 EXCEEDED CURRENT BALANCE IS -270235.11 TOTAL ENTRIES 1041.00 PROJECTED BALANCE -271276.11 ii###a4a####a4i#4#wa#***4####i#ai#aTi*####awak#t*k#*a#xxTwt*#T*tatx#Tkt*+ix+4+iaiii*art#rt+iii##iiia######t#ti#*+a#a#a#t#a##a+a##* TOTAL REPORT RUN DATE 12/07/17 TIME 13:47:36 434.618.34 434.618.34 SUNGARD PENTAMATION - FUND ACCOUNTING 12/07/17 BRAZOS COUNTY, TX PAGE 1 ACCOUNTING PERIOD: 3/18 BATCH JOURNAL ENTRY EDIT LIST CONTROL NUMBER J E NUMBER DESCRIPTION PERIOD/YR HOLD RECORD FUND DIV/FUND ACCOUNT PROJECT ACCOUNT ITEM DESCRIPTION DEBIT AMOUNT CREDIT AMOUNT 12/07/17 120009 RVS FY17 A/R EXCESS 3/18 Y 333364 0100 0100 22900000 RVS FY17 A/R EXCESS 45,482.82 333365 0100 11002000 73320000 RVS FY17 A/R EXCESS 45,482.82 TOTAL JOURNAL ENTRY 45,482.82 45,482.82 12/07/17 120010 Ag Ext to Br Ctr Fee 3/18 Y 333366 0100 37000100 71502000 Ag Ext to Br Ctr Fee 977.00 333367 0100 37000100 71502000 Ag Ext to Br Ctr Fee 1,323.00 333368 0100 0100 41011000 Ag Ext to Br Ctr Fee 977.00 333369 0100 0100 41011000 Ag Ext to Br Ctr Fee 1,323.00 TOTAL JOURNAL ENTRY 2,300.00 2,300.00 12/07/17 120011 DONATIONS>CLINIC BA# 3/18 Y 333370 5000 64005100 60010000 DONATIONS>CLINIC BA# 444.00 333371 5000 5000 46023000 DONATIONS>CLINIC BA4 444.00 TOTAL JOURNAL ENTRY 444.00 444.D0 TOTAL CONTROL NUMBER 48,226.82 48,226.82 TOTAL REPORT 48,226.82 48,226.82 RUN DATE 12/07/17 TIME 13:46:52 SUNGARD PENTAMATION - FUND ACCOUNTING BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2017-2018 BUDGET YEAR NO. 17/18 11.1-11.12 On this the 12th day of December 2017 at a regular meeting of the Commissioners' Court, the following members were present: A. Duane Peters, County Judge, Presiding B. Steve Aldrich, Commissioner, Precinct 1 C. Sammy Catalena, Commissioner, Precinct 2 D. Nancy Berry, Commissioner, Precinct 3 E. Irma Cauley, Commissioner, Precinct 4 F. Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on 12th day of December 2017 the Court heard and approved a budget amendment for the 2016-2017 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 5 September 2017, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 12th day of December 2017, THE CONIlflSSIONERS COURT OF BRAZOS COUNTY, TEXAS. By: Duane Peters, County Ju ge Original: County Clerk's Office and Attached to the original budget aj BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 17/18 -11.1 1 2/1 212 01 7 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease General Fund CountyTre3sorer Discretionary Spending 598.00 General Fund CountyTTeasureT DR/CR Repairs & Maintenance 3,500.00 Gencral Fund County Treasurer Minor Acquisitions 4098.00 0100 12000100 65320000 DR Equipment - Maintenancc 3500.00 0100 12000100 67281000 DR Equipment - cicctranic 4098.00 CountyTreasurer Reallocation of funds to the appropriate account to purchase a Fomrax Folder/Sealer for the County Treasurers Office. ounfYJvvdgeApprovall?.t,z+aMDale Ftir.eKccouritin�Pur nscs On7Yrv"fe i�. e::? .. a�`��"nk, r'°rr'u'?Sk: .+biik.,, a.3f. :({t�'S!` .a:%,. .S e'2'°c"�', f:f3. is}. 'i'.� .tea 9� ;.S;'.v:*<°..r..; '.:r,5.sra,.. _ FUND DIV ACCT DR/CR ACCOUNT NAME Increase Decrease 0100 12000100 59100000 CR DDEA 598.00 0100 12000100 65320000 DR Equipment - Maintenancc 3500.00 0100 12000100 67281000 DR Equipment - cicctranic 4098.00 vii. � 6✓`� ry /�� BRAZOS COUNTY, TEXAS BUDGETAMENDMENTS No. 17118 - 11.2 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase I Decrease General Fund Commissioners' Court i Non -De artmental Minor Ac uisidons 281.25 i General Fund Sheriff Administration Jail Minor Acquisitions I 281.25 0100 /1000500 67050000 CR Appliances 281.25 0100 28002000 67890000 DR Vehicle Equipment 281.25 Commissioners' Court and Sheriff Administratlon - Sail ReallocationRe.flocation of funds to the a2E02natc account to purchase a radio mount for the replacement Sail Transport Bus �Co "_.. ud9e�AP_ProyaF: •;�c:�. ,,s:.rs''�-r��i D te„-,tom..,"^ter.• 'Fpr.Aecoaiitlri'aPur FUND DIV ACCT DR/CR ACCOUNT NAME Increase Decrease 0100 /1000500 67050000 CR Appliances 281.25 0100 28002000 67890000 DR Vehicle Equipment 281.25 BRAZOS COUNTY, TEXAS -- --BUDGET-AMENDMENTS :_. ... _. _ . No.:17118-11.3 ..--. _. 4 21121201 .. --"-FUND _--"DEPARTMENT----- GeneralFund Commissioners' Court -- -DIVISON I--""-CATEGORYOESCRIPTION--- -- _ - Increase-- --Decrease Non -De arnnent.1 De artmental $u ort 26,212.53 ertereFFnn fermetion-Teehaolo, I-T-Seetice arimental-S - - FUND 0100 DIV 11000500 ACCT 60211000 DRICR CR ACCOUNT NAME Software - No Tag Increase Decrease 26,212.53 0100 14000200 60211000 DR Software -No Tag 26,212.53 Commissioners' Court and Information Technology -l.T. Services Reallocation of funds to thea ro riate account to urchase Veeam Backu Licensins. Voi_ pg'. FUND 0100 DIV 11000500 ACCT 60211000 DRICR CR ACCOUNT NAME Software - No Tag Increase Decrease 26,212.53 0100 14000200 60211000 DR Software -No Tag 26,212.53 Voi_ pg'. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 17118.11.4 ,vnmonn♦ FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease Gcneml Fund Commissioners Court Non -De artmemel Minor Acquisitions 1,243,031 General Fund 272nd District Coun Departmental Su ort 621.52 FUND General Fund 361st District Court Departmental Support 621.51 DRICR ACCOUNT NAME Increase Decrease 0100 11000500 67203000 CR Minor Computer Hardware 1243.03 Commissioners' Court, 272nd District Court and 361st District Court 0100 Reallocation of funds to the appropriate account to purchase items for the Pa erless Courtroom Project. FUri1.6000nIit1 ITUC 5¢s DLI st. ,^+.,„r,_ FUND DIV ACCT DRICR ACCOUNT NAME Increase Decrease 0100 11000500 67203000 CR Minor Computer Hardware 1243.03 0100 22100100 60211000 DR Software -No Tag 327.62 0100 22100100 60500000 DR Equipment & I.T. Enhancement 293.90 0100 22200100 60211000 DR Sollware-No Ta,- 327.62 0100 22200100 60500000 1 DR Equipment & I.T. Enhancement 293.89 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 17/18 -11.5 12/12/2017 GenFUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease eral Fund CcuntyAltomey IDe attanental Su on 240.00 GeneraIF und County Attorney Contractual Services 240.00 County Attorney Reallocation of funds to the appropriate account for the services of record storage and destruction of files and/or records that have been scanned and electronically saved forrecords retention. F)i pg, �^ — E + a l ! i `1 � , s m � °h # R t� ti'- i %iT' 72 } a ♦ �v� a S $ . FUND DIV ACCT DRICR ACCOUNT NAME Increase Decrease 0100 18000100 60400000 CR Investigation Supplies 240.00 0100 18000100 71025000 DR Contract Services 240.00 F)i pg, �^ — E BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 17118.11.6 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease General Obligation Debt Service Fund Otber Financing Sources 46791,882.00 General Obligation Debt Service Fund Other Financing Sources 464421821.00 General Obligation Debt Service Fund Debt Service - Interest I Debt Service Cost 349,061.00 49094000 CR Proceeds fm Refunding Bonds 39 895 000.00 4100 49095000 CR Bond Issue Premium 6,896,882.00 4100 91960000 DR Refunded Bond Escrow Agt 46,442,521.00 4100 60000100 85500000 DR Bond Issuance Cost 349,061.00 General Obligation Debt Service Fund To reclassify the budget for the new bond issuance of Limited Tax Refunding Bonds, Series 2017. cCounly`JuBge APPioval+�?' ';r- _ rT+Oate ">„Ei' ,;j =.:,'1 k�`k;5 'F'or.AccounErhaRu o4oS.O�lv�,.,a� 't ,., , FUND DIV ACCT DR/CR ACCOUNT NAME Increase I Decrease 4100 49094000 CR Proceeds fm Refunding Bonds 39 895 000.00 4100 49095000 CR Bond Issue Premium 6,896,882.00 4100 91960000 DR Refunded Bond Escrow Agt 46,442,521.00 4100 60000100 85500000 DR Bond Issuance Cost 349,061.00 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 17118 FUND DIV ACCT I PROJ DR/CRI ACCOUNT NAME Increase Decrease 4100 49094000 CR Proceeds from Refunding Bonds 39,895,000.00 4100 49095000 CR Bond Issue Premium 6,896,882.00 4100 91960000 DR Bond Issue Cost 46,442,821.00 - 410064 -i-?48o 85500000 DR Bond Issue Cost 349,061.00 I c.. Debt Service Fund: To reclassify the budget for the new bond issuance of Limited Tax Refunding Bonds, Series 2017. kppruveu gate ` 't• ,.: °, p P � � r w �Z Q` s� ILC age Approval E_e BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 17118 -11.7 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease 2017 Certificates ofObligation Other Financine Sources 143019.00 2017 Certificates of Obligation Juvenile Expansion Debt Service Cost 143,019.00 FUND DIV ACCT DRICR ACCOUNT NAME Increase Decrease 4317 49090000 DR Proceeds fm CO Band Issuc 350 000.00 4317 49095000 CR Bond Issue Premium 493 019.00 4317 63431700 85500000 DR Bond Issuance Cost 143 019.00 2017 Certificates of Obligation To reclassify the budget for the new bond issuance ofCertificates of Obligation, Series 2017. 'FDL ACCOnnfin 1Pn OSCS I'TI11'V:X ry . 3 s57 � l✓M1> ?— �� n m, .v" . YfF4 , '< "+4�rk»'ze- . FUND DIV ACCT DRICR ACCOUNT NAME Increase Decrease 4317 49090000 DR Proceeds fm CO Band Issuc 350 000.00 4317 49095000 CR Bond Issue Premium 493 019.00 4317 63431700 85500000 DR Bond Issuance Cost 143 019.00 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 17/18 12/5/2017 FUND DIV ACCT PROJ DR/CRI ACCOUNT NAME Increase Decrease 4317 49090000 DR Proceeds From CO Bond Issue 350,000.00 4317 49095000 CR Bond Issue Premium 493,019.00 4317 63431700 85500000 DR Bondlssue Cost 143,019.00 2017 Certificates of Obligation: To reclassif the budget for the new bond issuance of Certificates of Obligation, Series 2017. BRAZOS COUNTY, TEXAS BUDGETAMENOMENTS No. 17!18.11.8 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease Geneml Fund Commissioners' Court Nan -De artmental Minor Acquisitions 9420.00 General Fund Constable Pct. #4 1 Minor Ac uisitions 9,420.00 FUND DIV ACCT DRICR ACCOUNT NAME Increase Decrease 0100 11000500 67286000 CR Equipment - Other 9,420.00 0100 30401100 67286000 DR Equipment - Other Commissioners' Court and Constable Pct. 94 0100 Reallocation of funds to the appropriate account to puycbase eight 8 ballistic vest and two 2 radars. -.A'W >..�-..:,� FUND DIV ACCT DRICR ACCOUNT NAME Increase Decrease 0100 11000500 67286000 CR Equipment - Other 9,420.00 0100 30401100 67286000 DR Equipment - Other 4880.00 0100 30401100 67890000 DR Vehicle Equipment 4540.00 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 17/18.11.9 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease General Fund I Constable Pel. N4 1 De anraental Su ort 1 706.00 General Fund Constable Pct. PA Minor Acquisitions 706.00 FUND DIV ACCT DRICR ACCOUNT NAME Increase Decrease 0100 30401100 60320000 CR Firearms Readiness 300.00 0100 30401100 60080000 CR ClothingfUnfform5 406.00 0100 30401100 67286000 DR Equipment - Other 576.00 0100 30401100 67890000 DR Vehicle Equipment Constable Pet. #4 Reallocation of funds to the appropriate account to purchase eight 8) ballistic vest and two 2 mdan. .For.3AFcoundri' eur sesa.;4r'T , ;! 5:`;,9�s"-r : 5."E xr. E„9 t'?" �w..ro2,. '# st.t,?P'..J?' ,a nn '• X=a"',: FUND DIV ACCT DRICR ACCOUNT NAME Increase Decrease 0100 30401100 60320000 CR Firearms Readiness 300.00 0100 30401100 60080000 CR ClothingfUnfform5 406.00 0100 30401100 67286000 DR Equipment - Other 576.00 0100 30401100 67890000 DR Vehicle Equipment 130.00 FOL- BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 17118.11.10 a nu nnna> FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease General Fund I Commissioners'Court Contincency De arlmental Support 10333.98 General Fund Sheriff Administration Jail Minor Acquisitions 10,333.98 FUND DIV ACCT DRICR ACCOUNT NAME Increase Decrease 0100 11001500 61130000 CR Contingenev 10 333.98 0100 28002000 67287000 DR Equipment - Radios 10,333.98 Commissioners' Court and Sheriff Administration - Jail Reallocation of funds to the appropriate account to cover the cost of radios that were purchased on April 13, 2017, but the invoice was not paid. The radios were received prior to 9/30/2017. X".l=.tik FUND DIV ACCT DRICR ACCOUNT NAME Increase Decrease 0100 11001500 61130000 CR Contingenev 10 333.98 0100 28002000 67287000 DR Equipment - Radios 10,333.98 13RAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 17118.11.11 1211212017 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease General Fund Commissioners' Court Conungency Depa ental Support 2,060.00 General Fund Tax Assessor/Collector Contractual Services 2,000.00 FUND I DIV I ACCT DRICR ACCOUNTNAME Increase Decrease 0100 11001500 61130000 CR Contingency 1000.00 0100 13000100 71025000 DR Contract Services 2,000.00 Commissioners' Court and Tax Assessor/Collector Reallocation cffunds to thczppropdite account to cover the upgrade cost on the check ca turin service. ,Forv12c0�i uiiii�Pur 'scZDhJ a; 2, h' ri. , ." 'ax '?Y ..',r..,...?Z _ t5 . ef'". , f"ne^.;-' s%t,. i.rt air° . ";;! s c . i.. ;'.^'*. .F,p � n:11 ' - - FUND I DIV I ACCT DRICR ACCOUNTNAME Increase Decrease 0100 11001500 61130000 CR Contingency 1000.00 0100 13000100 71025000 DR Contract Services 2,000.00 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 17118 -11.12 12/12/2017 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease General Fwd Commissioners' Court Administration Departnenial Support 250.00 General Fund Commissioners' Court Administration Repairs & Maint 250.00 Commissioners' Court a Reallocation of funds to the appropriate account to cover copier maintenance cost. g-+Rsa 'r +ct f' ".?s e 7 ' 1?J612 17; "Mck°. FUND DIV ACCT DRICR ACCOUNTNAME Increase Decrease 0100 11000100 60170000 CR Co ler/Printer/Fax Su lies 250.00 0100 11000100 65540000 DR Co iedPrinter/Fax maint. 250.00 PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: December 12, 2017 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Change Requests Department Submitting Employee Request Action Requested Request(s) Applies To County Attorney Exposition Complex Arnold, Kellye Bradley, Kathryn M. DeLeon, Monica A. Sheriffs Office — Detention Harrison, William L. Approved in Commissioners' Court: December 12,2011-::! County Judge's or Commissioner's Signature (This Copy to be attached to minutes) Change of Status Employment Employment Change of Status Ol�