HomeMy WebLinkAbout2018-05-08 10:00 AM REGULAR MEETING _ .i
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BRAZOS COUNTY � 1 —
BRYAN, TEXAS
NOTICE OF MEETING AND AGENDA
BRAZOS COUNTY COMMISSIONERS COURT
THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET
IN REGULAR SESSION ON MAY 8, 2018 AT 10:00 AM IN THE
COMMISSIONERS COURTROOM OF THE COUNTY
ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVE., SUITE 106,
BRYAN, TX 77803
1. Invocation and Pledge of Allegiance
- U.S. and Texas Flag - Commissioner Aldrich
2. Call for Citizen input and/or concerns
Consider and take action on agenda items 3-19:
3. Approval of Non-Profit Organization Application using the Brazos County Inmate Work
Crew Labor on July 4th 2018 for the District 2 VFD Annual Kurten Firework Show-they
are in need of assistance with preperation for the event and clean up after the event.
4. Approval to issue a Diner's Club credit card to Expo employee Carl Kolbe for the use of
travel as well as purchases for advertising and other purchases to vendors that do not
accept purchase orders.
5. Consider and possible action on county participation in the Rock Prairie
West project with the City of College Station.
6. Permission to sell two galvanized culverts to Burleson County, Pursuant to Local
Government Code §263.152. These culverts are surplus and no longer needed by the
Road and Bridge Department.
• a. 48x50 @ $1170.00
• b. 72x50 @$1620.00
7. Interlocal Agreement with the City of Bryan allowing for the provision of paramedic
support the Sheriffs Office tactical team.
8. Approval of the following committee for the evaluation of RFP 18-089 Video
Vol. 2 7 P9- / .2 z
1
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Surveillance Upgrade for the Brazos County Detention Center:
• a. Sammy Catalena
• b. Kevin Stuart
• c. Nina Means
• d. Trevor Lansdown
• e. Wayne Dicky
• f. Legal (non-voting)
• g. Purchasing (non-voting)
9. Contract #18-025 with Hunt/Cat for Emergency Management generator that will be
located at Brazos Center.
10. Award of RFP# 18-111 Appraisals and approval of resulting contract. Recommended
award to Lovett&Associates.
11. Award of Bid # 18-120 Landscape Maintenance. Recommended Award: Regal Water
Services.
12. Permission to advertise 18-133 Various Aggregates, Cold Mix and Other Road
Materials.
13. Renewal of 18-137R Collection of Delinquent Property Taxes with McCreary Vaselka
Bragg &Allen.
14. Expenditure Journal Entries FY 17/18
• 040083 - 040093
• 050001 - 050003
• 050005 - 050006
15. Budget Amendments.
Budget Amendments FY 17/18 31.1 - 31.2
16. Personnel Change of Status.
Personnel Action Forms
17. Payment of Claims.
18. Convene into Executive Session pursuant to Texas Government Code Section 551.074
to discuss the appointment, employment, evaluation, reassignment, duties, discipline, or
dismissal of the position of Risk Manager.
19. Consider and possible action on executive session.
20. Acknowledgement of the Brazos Valley Council of Governments Independent Auditors
Report and Financial Statements for the fiscal year ended September 30, 2017.
21. Sheriff's report on inmate population.
22. Announcement of interest items and possible future agenda topics.
23. Call for Citizen input and/or concerns
24. Adjourn.
va. A.77 Pg. /02--3
PUBLIC COMMENTS
Public Comment during the Commission Meeting may be for all matters, both on and off the agenda,and be limited to four
minutes per person. Persons are invited to submit comments in writing on the agenda items and/or attend and make comment at
the Commission meeting. Members of the public are reminded that the Brazos County Commissioners Court is a Constitutional
Court,with both judicial and legislative powers, created under Article V, Section 1 and Section 18 of the Texas Constitution.As a
Constitutional Court,the Brazos County Commissioners Court also possesses the power to issue a Contempt of Court Citation
under Section 81.024 of the Texas Local Government Code.Accordingly, members of the public in attendance at any Regular,
Special and/or Emergency meeting of the Court shall conduct themselves with proper respect and decorum in speaking to,
and/or addressing the Court; in participating in 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 v/Il 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 wasting
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. No member of the community is required to
attend or participate in the invocation and such decision will have no impact on their right to actively participate in the business
of the Court.
The Commissioners Courtroom of the County Administration Building,200 South Texas Ave., Suite 106, Bryan,TX 77803 is
wheelchair accessible. Handicap parking spaces are available.Any request for sign interpretive services must be made two
working days before the meeting. To make arrangements, please call(979)361-4102.
[v . at 7,1 Pg. /,2477
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MINUTES
MAY 8, 2018
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,
May 8, 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, Absent;
Irma Cauley, Commissioner of Precinct 4;
Karen McQueen, County Clerk.
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 Aldrich
2. Call for Citizen input and/or concerns
There was no citizen's input.
Consider and take action on agenda items 3-19:
3. Approval of Non-Profit Organization Application using the Brazos County Inmate Work
Crew Labor on July 4th 2018 for the District 2 VFD Annual Kurten Firework Show-they
are in need of assistance with preperation for the event and clean up after the event.
Vol. _. --- P9. /i
Motion:Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Sammy Catalena. Passed. 4-0. Ayes: Aldrich, Catalena, Cauley, Peters. Absent: Berry.
4. Approval to issue a Diner's Club credit card to Expo employee Carl Kolbe for the use of
travel as well as purchases for advertising and other purchases to vendors that do not
accept purchase orders.
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner Irma Cauley. Passed. 4-0. Ayes: Aldrich, Catalena, Cauley, Peters.
Absent: Berry.
5. Consider and possible action on county participation in the Rock Prairie
West project with the City of College Station.
Judge Peters explained that Rock Prairie Road West has a portion in the College
Station city limits and a portion in the County and also runs through a trailer park
community. Judge Peters stated that there is some concern over increased traffic with a
new school being built in the area. He also said that if the County participates in the
project it will cost 1.2 million dollars. The roadway will be constructed the same on both
portions and the city of College Station will take over road maintenance.
Commissioner Aldrich stated he was pleased with the collaborative effort between the
County and the City of College Station. He also thanked the County Judge.
Judge Peters said that there is no agreement to approve today but it will be on the
agenda next week.
Commissioner Catalena asked what it would have cost for the County to just take care of
their portion of the road. Judge Peters stated it would cost $700,000.00 and explained
that with increased traffic due to the new school it would be best to build to City's
standards.
Commissioner Catalena said he is not sure it is the County's responsibility to do that if
the school is being built. He went on to say that the School District receives a big tax
revenue. Commissioner Catalena commented that he has a lot of roads in his precinct
that are still gravel and need attention.
Commissioner Cauley said she agrees with Commissioner Catalena because she also
has roads in Precinct 4 that need improvements. She said that citizens have been
requesting sidewalks on Sandy Point Road. Commissioner Cauley stated that they
should collaborate in all areas and not just certain parts of the county.
Judge Peters commented that this area is was considered a priority because of the
school being built.
Commissioner Cauley mentioned that all areas have safety concerns. She said she has
people in her precinct walking in the roadway because there are no sidewalks.
Vol. Pg. /02
Katie Conner, County Auditor asked if the Court can consider if the road will be annexed
when looking at an agreement with the City of College Station. She stated that she is
looking at the bookkeeping aspect and that if we own the road it is still on our books, but
the City has agreed to maintain it. She said this is usually done because of plans for
annexation. Judge Peters responded no. He does not think that the City of College
Station plans to annex or that annexation is even an option.
Commissioner Aldrich stated that there are numerous areas in the County that need
improvements. He would like to see a more collaborate effort made with others so that
improvements can be made and money saved.
A motion was made to consider participation in the project by Commissioner Aldrich,
seconded by Commissioner Catalena and passed unanimously.
Motion:Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner
Sammy Catalena. Passed. 4-0. Ayes:Aldrich, Catalena, Cauley, Peters. Absent: Berry.
6. Permission to sell two galvanized culverts to Burleson County, Pursuant to Local
Government Code §263.152. These culverts are surplus and no longer needed by the
Road and Bridge Department.
• a. 48x50 @$1170.00
• b. 72x50 @$1620.00
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner Irma Cauley. Passed. 4-0. Ayes: Aldrich, Catalena, Cauley, Peters.
Absent: Berry.
7. I nterlocal Agreement with the City of Bryan allowing for the provision of paramedic
support the Sheriff's Office tactical team.
A copy of the agreement is attached.
Motion:Approve, Moved by Commissioner Sammy Catalena, Seconded by
• Commissioner Steve Aldrich. Passed. 4-0. Ayes:Aldrich, Catalena, Cauley, Peters.
Absent: Berry.
8. Approval of the following committee for the evaluation of RFP 18-089 Video
Surveillance Upgrade for the Brazos County Detention Center:
• a. Sammy Catalena
• b. Kevin Stuart
• c. Nina Means
• d. Trevor Lansdown
• e. Wayne Dicky
• f. Legal (non-voting)
• g. Purchasing (non-voting)
Iva. A7-2 Pg. al
Motion:Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Steve Aldrich. Passed. 4-0. Ayes: Aldrich, Catalena, Cauley, Peters. Absent: Berry.
9. Contract #18-025 with Holt/Cat for Emergency Management generator that will be
located at Brazos Center.
A copy of the contract is attached.
Motion:Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner Irma Cauley. Passed. 4-0. Ayes:Aldrich, Catalena, Cauley, Peters.
Absent: Berry.
10. Award of RFP# 18-111 Appraisals and approval of resulting contract. Recommended
award to Lovett&Associates.
The Court voted unanimously to accept the recommendation of the Purchasing Agent
and awarded RFP 18-111 Appraisal Services to S.T. Lovett & Associates. Copies are
attached
Motion:Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Steve Aldrich. Passed. 4-0. Ayes:Aldrich, Catalena, Cauley, Peters. Absent: Berry.
11. Award of Bid # 18-120 Landscape Maintenance. Recommended Award: Regal Water
Services.
The Court voted unanimously to accept the recommendation of the Purchasing Agent
and awarded Bid Contract 18-120 Landscape Maintenance to Regal Water Services.
Copies are attached
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Steve Aldrich. Passed. 4-0. Ayes: Aldrich, Catalena, Cauley, Peters. Absent: Berry.
12. Permission to advertise 18-133 Various Aggregates, Cold Mix and Other Road
Materials.
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner Irma Cauley. Passed. 4-0. Ayes: Aldrich, Catalena, Cauley, Peters.
Absent: Berry.
13. Renewal of 18-137R Collection of Delinquent Property Taxes with McCreary Vaselka
Bragg &Allen.
A copy of the renewal of contract is attached.
Motion:Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner Steve Aldrich. Passed. 4-0. Ayes:Aldrich, Catalena, Cauley, Peters.
Pg. 721-1-1
Absent: Berry.
14. Expenditure Journal Entries FY 17/18
• 040083 -040093
• 050001 -050003
• 050005 -050006
A copy is attached.
Motion:Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Sammy Catalena. Passed. 4-0. Ayes: Aldrich, Catalena, Cauley, Peters. Absent: Berry.
15. Budget Amendments.
Budget Amendments FY 17/18 31.1 - 31.2
31.1 Transfer funds from Non-Departmental and Contingency to the County Judge.
31.2 Reallocate funds for the Exposition Complex.
Motion:Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner Steve Aldrich. Passed. 4-0. Ayes:Aldrich, Catalena, Cauley, Peters.
Absent: Berry.
16. 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
Steve Aldrich. Passed. 4-0. Ayes:Aldrich, Catalena, Cauley, Peters. Absent: Berry.
17. Payment of Claims.
Claims 8003549—8003769
•
Motion:Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner Steve Aldrich. Passed. 4-0. Ayes:Aldrich, Catalena, Cauley, Peters.
Absent: Berry.
18. Convene into Executive Session pursuant to Texas Government Code Section 551.074
to discuss the appointment, employment, evaluation, reassignment, duties, discipline, or
dismissal of the position of Risk Manager.
At this point, the County Judge announced the Court would consider items 20 through
23 then return to convene into Executive Session.
Having considered the previously noted agenda items, at 10:24 a.m. the County Judge
Vol. 5 7.1- Pg. /�9
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
19. Consider and possible action on executive session.
At 10:47 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.
20. Acknowledgement of the Brazos Valley Council of Governments Independent Auditors
Report and Financial Statements for the fiscal year ended September 30, 2017.
The Court acknowledged receipt of the Brazos Valley Council of Governments
Independent Auditors Report and Financial Statements for the fiscal year ended
September 30, 2017.
21. Sheriff's report on inmate population.
Wayne Dicky, Jail Administrator stated there were 610 inmates in jail, 511 inmates are
male and 99 are female, 43 have electronic monitors and 11 are pending for monitors.
22. Announcement of interest items and possible future agenda topics.
There were no announcements.
23. Call for Citizen input and/or concerns
There was no citizen's input.
24. Adjourn.
1 Vol. 7oZ Pg. 7 3 0
The foregoing minutes of the Commissioners Court meeting held May 8, 2018 have been
examined and are approved in open Court this ia ' day of June 2018, in Bryan, Brazos
County, Texas.
1111
- 61/47
Duane 'eters Steve Aldrich
County Judge Commissioner,Precinct 1
Sa y Catale.. Nand
Commission; , Precinct 2 Commissioner, Precinct 3
asIrma auey
Commissioner, Precinct 4
4111
Attest: F
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County Clerk
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BRAZOS COUNTY
COMMISSIONER' S COURT
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va. .g 76R Pg. /33
Non-Profit Organization Application for
Brazos County Inmate Work Crew Labor
ORGANIZATION PHONE
Brazos County District 2 VFD 979-589-3263
ADDRESS CITY FAX
STATE ZIP
P.O. Box 32, Kurten, TX 77862 N/A
CEO NAME CONTACT NAME Cell 714-478-0545
Fire Chief Joe Boyd Rick Wagner,
I certify that the above named organization is a nonprofit organization that qualifies for a
tax exemption under Section 501(s), Internal revenue Code of 1986, as an organization
described by Section 501 (c)(3) of that code, and is organized as a nonprofit corporation
under the Texas Non-Profit Corporation Act (Article 1396-1.01 et seq., Vernon's Texas
Civil Statutes.
CEO SIGN DATE
�i 4/25/18
Please provide a description of the type of work that will be assigned and equipment
that will be used.
On July 404. 2018 the District 2 VFD will be hosting the 1501 Annual FREE Kurten
Firework Show. District 2 VFD is again requesting the inmate work crews to assist in
the preparation for the event & clean up after the event.
LOCATION: Kurten Community Center. 13055 State Hwy 21, Kurten, TX 77862
1" Date: 1 week prior to July 401- Trim bushes and cut brush along west and
north fence lines, Mow (all the way to north fence line) & Weed Eat property, Trim any
low tree branches as needed, pick up trash on property.
2nd Date: Thursday July 504 at 0800 hours —Assist in clean up efforts. Pick up
trash, clean &store tables and chairs, clean community center building.
"Note"The allocation of a work crew to provide labor for your organization is subject
to availability.
Revised 071405-ads
1 Va. Pg. /94i
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Brazos County Office of the Sheriff
it>4-,o Request for Work Crew Assignment
The Brazos County Office of the Sheriff has reviewed the application for assignment of
a work crew.
VThe type of labor and task requested is appropriate for work crew
assignment. It is hereby requested that this application be placed on the
agenda for the Brazos County Commissioners Court consideration of
approval.
0 The type of labor and task requested is not appropriate for work crew
assignment. It is hereby requested that this application not be placed on the
agenda for the Brazos County Commissioners Court consideration of
approval. Jf�'
Signature LR (l }. Q TigeV R ADN idtci ratnate Sl Z1 re
rBrazos County Commissioners Court
4 .
\ ;; Approval for Work Crew Assignment
The Brazos County Commissioners Court has received the recommendation from the
Brazos County Office of the Sheriff and has determined that the above non-profit
organization provides a public service to the county or to a political subdivision located
in whole or in part in the county. This approval for work crew assignment is valid
effective from the date approved below through December/ �31st of
thee]calendar year.
Approve, = Comm'-='• ourton: MalJ , 261�j
County Judge 1��_ Date Sl i IS
Revised 071405-ads
va. —, 72. Pg. / 33 i
l
7
INTERLOCAL AGREEMENT
TACTICAL PARAMEDIC SUPPORT
THIS INTERLOCAL AGREEMENT is hereby made and entered into by and between
the CITY OF BRYAN, TEXAS, a ho me rule municipal corporation("Bryan") and BRAZOS
COUNTY, TEXAS ("County"), each acting by and through its duly authorized agents;
WHEREAS,the respective participating governments (the"Parties")are authorized by
the Interlocal Cooperation Act, Texas Government Code ("TGC"), Chapter 791,to enter into a
joint agreement for the performance of the governmental function of providing Paramedic
Services; and
WHEREAS,the Parties recognize the dangerous conditions and opportunity for injury
presented during a tactical police deployment; and
WHEREAS, immediate medical support within the inner perimeter of a tactical
operation can be crucial to the survival of injured officers, civilians, or suspects;
WHEREAS,a City of Bryan paramedic has been working with the County in this
capacity, and both Parties wish to formalize the agreement;
NOW, THEREFORE,the parties, in consideration of the mutual covenants and
conditions contained herein, agree as follows:
I. SCOPE
1. Bryan Fire Department ("BFD") will assist in providing medical support for the Brazos
County Sheriff's Office ("BCSO")tactical team in the form of tactically trained
paramedics. BCSO will provide tactical training and safety equipment to assigned
paramedics such as ballistic vests and other necessary equipment. BCSO and BFD
together will provide co-department training as deemed necessary.
2. The paramedics involved in this program are all full-time employees of BFD and have
been selected by BFD Command Staff for service with the BCSO. Only paramedics
completing the federal Counter Narcotics Tactical Operations Medical Support program
or program equivalent sponsored by the Department of Defense or a "State Approved"
Tactical Medic Program course may participate. Participation in this program is
voluntary and the paramedic remains an employee of BFD and is compensated by the
City of Bryan during actual call-outs and training.
3. BCSO will incorporate the paramedics as full team members,having the Brazos County
Dispatch notify the BFD Tactical Medic on call during all Tactical Team call-outs.
BCSO requires that the paramedics continuously train with the Tactical Team and
maintain active practice and training in the paramedic profession.
!vol. �762 P9. "3L
4. The paramedics' role on the team is one solely of medical support; therefore the
paramedics will be unarmed,unless Texas Commission on Law Enforcement
("TCOLE") certified and commissioned by a local law enforcement entity, and
positioned at the discretion of the Tactical commander as the situation dictates.
However, as a rule the unarmed paramedics will be positioned somewhere just outside
the inner perimeter of the objective, unless due to the objective size this rule is not
practical.
5. The City of Bryan tactical paramedic and the BCSO Sheriffs Emergency Response
Group (SERG) Commander shall each comply with certain duties and
training/certification requirements and agree to certain goals as part of this agreement.
Such duties and responsibilities are attached to this agreement as "Appendix A," and
may be amended by letter agreement, signed by the City of Bryan Fire Chief or his
designee and the Brazos County Sheriff or his designee. Any amendments to Appendix
A shall be provided to the City of Bryan City Secretary's office and the office of the
County Judge of Brazos County for viewing by the public.
6. In case of a civil emergency or disaster that requires the services of all City of Bryan
paramedics for City purposes, the City of Bryan Fire Chief or his designee has the
authority to temporarily suspend this agreement until such time as he deems proper.
II. TERM AND TERMINATION
7. This Agreement term shall begin June 1, 2018, and terminate at midnight on September
30, 2019. Either party to this Agreement shall have the right to terminate this
Agreement,without cause, upon thirty(30) days' written notice of such termination.
Further, should the Agreement be terminated the rights and obligations of the Parties
hereunder shall terminate, except those rights and obligations that have accrued under
this Agreement prior to the date of termination shall survive.
8. This Agreement may be renewed for four(4) one year terms on October 152 of each
subsequent year. Such Renewal Terms shall be on the identical terms and conditions set
forth herein.
III. NOTICES
9. All notices issued between parties to this agreement shall be in writing. All notices shall
be deemed given on the date personally delivered, faxed, or deposited in the U.S. mail
to the following parties:
Bryan: City of Bryan
P.O. Box 1000
Bryan, Texas. 77805
(Vo . A7r,2_ Pg. /.3T_
Attn: Andrew Nelson,Mayor
County: Brazos County
200 S. Texas Ave, Suite 332
Bryan, Texas 77803
Attn: County Judge Duane Peters
IV. CIVIL LAWSUITS
10. In accordance with TGC 791.006(a-1), Bryan and County agree to assign responsibility
for civil liability that arises from the furnishing of services under this agreement in a
different manner than provided for in TGC 791.006(a). In the event that any person
performing paramedic services pursuant to this Agreement shall be cited as a Party to
any civil lawsuit, state or federal, arising out of the performance of those services,
he/she shall be entitled to the same benefits that he/she would be entitled to receive if
such civil action has arisen out of his duties as a member of Bryan and in the
jurisdiction of Bryan.
11. Third-party claims against the Parties shall be governed by the Texas Tort Claims Act or
other appropriate statutes, ordinances, or laws of the State of Texas.
12. Each Party to this Agreement agrees that if legal action is brought under this
Agreement, exclusive venue shall be in Brazos County, Texas.
V. INDEMNITY/RELEASE/HOLD HARMLESS
13. As otherwise provide for under paragraph XI (Civil Lawsuits) and to the extent
permitted by the laws of the State of Texas, and without waiving governmental
immunity or the limitations as to damages under the Texas Tort Claims Act, the Parties
each individually agree to hold the other harmless from and against any and all claims,
losses, damages, causes of action, suits, and liabilities of every kind, including all
expenses of litigation, court costs, and attorney's fees, for injury or death to any person
or damage to any property, arising out of or in connection with the work performed
under this Agreement. The Parties hereby agree that each Party will remain solely
responsible for the legal defense and any civil liability due to the actions of a Law
Enforcement Officer or other personnel regularly employed by the Party. Nothing
herein shall be construed as a waiver of any legal defense of any nature to any claim
against a Party or an agent, officer or employee of a Party.
14. Bryan assumes full responsibility for the services to be performed hereunder, and
hereby releases, relinquishes, and discharges Brazos, its officers, agents, and employees
from all claims, demands, and causes of action of every kind and character, including
the cost of defense thereof, for any injury to or death of any person and any loss of or
damage to any property that is caused by, alleged to be caused by, arising out of, or in
vol. 2 7Z P9. /3S
connection with the services, personnel, or equipment provided by Bryan under this
Agreement. This release shall apply regardless of whether said claims, demands, and
causes of action are covered in whole or in part by insurance and regardless of whether
such injury, death, loss, or damage was caused in whole or in part by the negligence of
the Brazos, its officers, agents, and employees, or any third party.
VI. RESERVATION OF IMMUNITY
15. It is expressly understood and agreed that, in the execution of this Agreement, no Party
waives,nor shall be deemed hereby to waive, any immunity or defense that would
otherwise be available to it against claims arising from any activity conducted pursuant
to this Agreement.
VII. MISCELLANEOUS
16. If any provision of the Agreement shall be held to be invalid, illegal, or unenforceable
by a court or other tribunal of competent jurisdiction,the validity and enforceability of
the remaining provisions shall not in any way be affected or impaired thereby. The
parties shall use their best efforts to replace the respective provisions or provisions of
this Agreement with legal terms and conditions approximating the original intent of the
parties.
17. All parties to this Agreement agree that payment for the performance recited herein will
be payable from current revenues available to such paying party.
18. This Agreement is the entire agreement between Bryan and the County relating to the
provision of Tactical Paramedic Support and supersedes any and all prior agreements,
arrangements, or understandings, whether written or oral.
19. This Agreement is for the benefit of the parties to this Agreement, and does not confer
any rights on any third parties.
20. No amendment to this Agreement shall be effective or binding unless and until it is
reduced to writing and signed by the authorized representatives of all parties, with the
exception of amendments to Appendix A, as outlined in Article I, Section 5.
21. Failure of any party to enforce a provision of this Agreement shall not constitute a
waiver of that provision nor in any way affect the validity of this Agreement or the right
of any party to enforce each and every provision hereof. No term of this Agreement
shall be deemed waived or breach excused unless the waiver shall be in writing and
signed by the part(ies) claimed to have waived. Furthermore, any consent to or waiver
of a breach will not constitute consent to or waiver of or excuse of any other different or
subsequent breach.
Vol. o� 72 Pg. /3y l
J
22. This Agreement may be executed in a number of identical counterparts, each of which
shall be deemed an original for all purposes.
vol. r 7)-- Pg. /4'2
NOW THEREFORE,this Agreement is made and entered into this day of
, 2018,by and between Bryan and Brazos County. This Agreement
shall be effective when signed by the last party signing makes the Agreement fully executed.
City of Bryan Brazos County
kaC
Andrew Nelson,Mayor Duane Peters, County Judge
ATTEST: ATTEST:
C 4- ASG "
Mary Lynne Stratta Karen McQueen
City Secretary County Clerk
APPROVED AS TO FORM:
ajei �/►!�
Janis K. Hampton Bruce E � •
City Attorney Assistant County Attorney
City of Bryan, Texas Brazos County, Texas
Vol. __c7 Pg. _/c70
APPENDIX A
Responsibility of the City of Bryan Paramedic. The Tactical Medic serves as a member of the
medical team,and whose functions include:
A. Assists with the acquisition of and maintaining important medical history and current
health status on each team member. He also ensures the transfer of information to
appropriate medical personnel to save valuable time during the treatment of injury or
illness.
B. Assists with the monitoring of medical effects of environmental conditions on individuals
and team performance. The tactical medic immediately brings any problems to the team
leader's attention,
C. Assists with the provision of field medical treatment to team members injured or taken ill
while engaged in mission activity. He ensures that team members are afforded the best
possible treatment and are transferred in a timely manner to an appropriate level of care.
He provides humanitarian medical assistance to non-law enforcement personnel injured
or taken ill during an operation until appropriate transfer to the EMS system can be safely
effected,
D. Assists with the advocacy for officers who are treated by other medical providers.He
establishes good working relationships with local Aeromedical systems and with
receiving medical institutions and assures appropriate integration of the team's medical
program with local health care delivery system. He also assists with keeping
commanding officers apprised of his findings and recommends actions which should be
taken to insure optimum outcomes for the deputy and the team following injury or illness,
E. Assists with the conducting of Medical Threat Assessments to determine the potential
impact of medical/health factors on a mission. He serves as a health information resource
for team members. The Medical Team is the commander's advisor on matters relating to
the health of the team,
F. Assists with the provision of medical care under the direction of the Brazos County
Sheriff's Office Medical Director, using specialized medical and extraction protocols and
standing orders as established by the medical director,
G. Makes himself available several times per month on an on-call basis to respond to
Tactical Team call-outs, responding within 20 minutes to all calls. He will also carry a
BCSO provided hand-held radio during responses to assure communications with
dispatcher.
Responsibility of the Tactical Commander.Although the Medical Team serves as an advisor
to the unit commander, the health and safety of the team is ultimately a command
responsibility which cannot be abrogated. The commander's functions include:
Vol. X702 Pg. /ad
A. Providing command level support to the team medical officer for matters relating to health and
safety. The commander should demonstrate through intent and action a true interest and concern
in the physical and psychological welfare of team members,
B. Ensuring appropriate safety measures for and by the paramedic are maintained during an
operation, Such as:
1. Positioning the unarmed paramedic at the scene of operation in a safe zone, but near the inner
perimeter of the operation.
2. Ensuring that the scene is safe and secure,as so far as is practical, prior to calling the
unarmed tactical medic into the inner perimeter of an operation.
3. Ensuring that a victim needing medical care get rapid access to advanced life support is
paramount. Ultimately this is a command decision but this can be done by two methods.
Safely extracting the victim to a warm zone out of immediate danger or taking advanced care
to the victim by way of covering or escorting the Tactical Paramedic to the victim
C. Ensuring appropriate medical coverage for all team activities.
D. Ensuring that the BFD Command Staff assures the tactical medic maintains his medical skills at a
level higher than the average paramedic through continuing education and clinical work.
E. Facilitating implementation of the medical officer's recommendations when determined to be in the
best interest of the team.
Goals of Tactical Medical Support Activity. Implementation of an effective tactical medical
support program is directed at achieving these important goals:
A. Provide for a safer environment in which the paramedic performs his duties at the scene
of a tactical operation,
B. Enhance mission accomplishment,
C. Reduce death, injury and illness, and related effects, among officers, paramedics,
innocents, and perpetrators,
D. Reduce line of duty injury and disability cost to both agencies,
E. Reduce lost work time for specially trained, hard-to-replace paramedics and officers,
F. Maintain good team morale when true concern for the members' good health is realized.
Training and Qualifications. Certain basic principles guide the development of a sound
medical support program. These include:
i
VOL 7 2_ Pg. /c7,3
A. Team medical officers will be trained to at least the PARAMEDIC level and will be
required to maintained current certification through the Texas Dept. of State Health
Services. Team medical officers will also maintain certification in Basic Trauma Life
Support (BTLS) or Pre-hospital Trauma Life Support(PHTLS).
B. Team medical officers must be familiar with, and able to effectively coordinate with the
entire Emergency Medical System, from the area of operation to the receiving medical
facility.
C. Tactical medics must work with the Tactical Team on a regular basis and must be trained
to understand mission objectives, tactics used, weapons,pyrotechnics and other devices
likely to be employed, and communication policies and procedures. In order to function
effectively in support of a tactical team, the medic must have a working knowledge of the
team, its tools and tactics.
D. All BFD paramedics assigned as tactical medics must maintain their clinical skills by
actively participating in patient care activities on a full time basis with BFD.
E. Team medical officers shall complete specialized training which teaches the skills
necessary to operate in the austere environment and receive federal certification as
"Emergency Medical Technician- Tactical".
F. All Tactical Paramedics for BFD must meet all BFD fitness and health standards. In
addition to these cardiopulmonary standards, a strength testing component has been
added to assure the medic can properly extricate a downed police deputy or victim who is
wearing heavy protective gear.
Iva. a 72 Pg. i le/
l I
Contract No.CIP18-025
BRAZOS COUNTY,TEXAS Page 2 of 10 Pages
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 IQs submitted,and to waive any technicalities for the best interest of the County.
BIDDERS RESPONSIBILITY
It is the Bidder's sole responsibility to print and review all pages of the bid document, attachments,
questions and responses, addenda, and special notices.The Certification of Bid Form must be completed
to include full firm name, mailing address, and telephone number, email address, Vendor Tax
Identification number and signed by an authorized representative of the firm. Failure to provide
signature on the Certification of Bid Form renders bid non-responsive. Failure to complete the
submission of all required forms, including but not limited to the Reference Page, House Bill 89 &
Debarment Verification form, Questionnaires (when applicable), Addenda (including revised forms),
and any other specified forms or documents may be grounds for rejection of entire bid. By submitting a
response to this solicitation, the bidder agrees to comply with HB 1295, Government Code 2252.908.
Bidder agrees to provide Brazos County the "Certificate of Interested Parties, "Form 1295 as required,
pending award, renewal, amended or extended contract. Visit
https://ethics.state.tx.us/whatsnew/elf info_form1295.htm for more information. In the event of a
needed change in the specifications sent to the bidder, it is understood that all the foregoing terms shall
apply to the addendum or addenda.
CONTRACT OBLIGATION
Brazos County Commissioners Court must award the contract and Brazos County fudge 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.
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
VOi: 02.72- Pg. /l4
Contract No.CIP18-025
BRAZOS COUNTY,TEXAS Page 3 of 10 Pages
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 determining 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
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.
Retainage of 5% will be withheld from each invoice for the duration of the contract until the
County accepts the work as 100% complete and receives all warranties, manuals, releases of lien
and other closeout documents. Upon acceptance by the County, retainage will be released to the
Contractor.
VOi. ora Pg. jSI2
Contract No.CIP18.025
BRAZOS COUNTY,TEXAS Page 4 of 10 Pages
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. Ali 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 sales 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 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 biddingrequirements 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 arc 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.
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
va. 70Z Pg. Rif f
Contract No.CIP18-025
BRAZOS COUNTY,TEXAS Page 5 of 10 Pages
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 warranties 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 perform
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'S INSURANCE
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:
(I) Statutory Worlcers Compensation Insurance with Employers Liability Insurance in the amount of
$1.000.000. In the event any work is sublet, the Contractor shall require the subcontractor
similarly to provide the same coverage and shall himself acquire evidence of such coverage on
behalf of the subcontractor. (TLC Sec. 401.0I 1)
(2) Commercial General.Liability Insurance with a$ 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
vol. _el 7 Pg. f 414
Contract No.CIPIS-025
BRAZOS COUNTY,TEXAS Page 6 of 10 Pages
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 $1,000,000 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.
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 shalt 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
v�. 7,2 Pg. /spa
Contract No.CIPIS-025
BRAZOS COUNTY,TEXAS Page 7 of 10 Pages
Bryan,Texas 77803
CONTRACTOR:
Sales Contact Name: Phone Number: Billing Info:
Edward Moseley 210-648-1111 5665 Southeast Loop 410,San Antonio,TX 78222
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 funding for the obligations contained herein for the term 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.
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.
Veit 27 Pg. in% ,
Contract No.CIPI8-025
BRAZOS COUNTY,TEXAS Page 8 of 10 Pages
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 part by Brazos County, its officers, agents or employees.
Contract No.CIP1 8-025
BRAZOS COUNTY,TEXAS Page 9 of 10 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.gov),
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 any federal,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.sam.gov.
The undersigned affirms the non-debarment statement above, that they arc 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: Holt Texas,LTD.
Authorized Company Representative: Michael Puryear
Address: 5,65 'outheast.Loo•10,San Antonio,TX 78222
Signatu �•
�f}
Date: 05/02/2018 Contract i'!: 18-025
Vol. /` Pg. /5-3
Contract No.CIP18-025
BRAZOS COUNTY,TEXAS Page 10 of 10 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 eon communicated to any other vendor prior to the official opening of this
bid. \
Signe 167` a— Title: General Counsel
Typed Name: Michael Puryear
Company Name: Holt Texas,LTD. Phone No. 210-648-1111
Email Address: Angela.graf@holtcat.com
Mailing Address: 5665 Southeast Loop 410 San Antonio TX 78222
P. O.Box or Street City State Zip
Employer Identification Number: 74-1389993
Social Security Number: N/A
ppro• •d y Corn ' oners' Court on this day of 144.41 201/8'.by
j Holding the position of ba e illii t/7
ifre
vol. _2_7,2 Pg. /.7`1
b(rii b +T 11
Holt Cat Power Systems
Date 4-11-2018
Project: Brazos County Emergency Center
Attention : Ernest Stuffs
3 PAGES
(1) Caterpillar Model C13 Generator Set
350Kw, 480/277 VAC, 60 Hz.
Application Rating - Standby
Engine / Generator Skid-Base Rails
Governor— Electronic
Air Cleaner
Diesel Engine —Tier 3 Certified
Battery Charging Alternator
Engine Starting System
Cooling System - GenSet Mounted125°F Ambient
Engine Lube Oil & Antifreeze 50/50 Mix
Engine Coolant Heater
Alternator 4 Pole, Single Bearing
Insulation —Tropical- Class H
Excitation — 300% FLC
Automatic Voltage Regulator - 30 Sensing
Control Panel - Genset Mounted & Vibration Isolated
AC Meters - Volt, Amp, Hz, w/ 30 Selector Switch
Engine Gauges & Alarms
Circuit Breaker- GenSet Mtd. 600Amp
Weatherproof Enclosure
Critical Muffler Internally mounted
Diesel Base Tank 600Gal . UL 142 Listed. Double Wall
Leak Detection — Low Fuel Alarm
Fuel Lines, Venting & Fuel Gauge
Engine Exhaust Flex Connector
Exhaust Rain Cap
Factory Testing - Full Rated Load
F'actory`Warranty .2Yr
Vol. a 702 Pg. /5.5�
Batteries, Battery Rack, & Cables
Battery Charger 10amp
Remote Annunciator In Electrical Room
(1) Automatic Transfer Switch
1 ea. 800 Amp, 3 Pole 480 VAC, 3 0, 4 Wire, 60 Hz
Under Voltage & Frequency Sensing
Delayed Neutral Transfer
Auxiliary Contacts
Exerciser Clock
NEMA N1 Cabinet
UL1008 & CSA Approved
Accessories & On-Site Services:
Service & Make Ready
Delivery to Job Site
Crane & Rigging
6" Concrete Pad
Mount Genset On New Pad
Install New ATS In Electrical Room
Interconnect All Wiring For Genset & ATS
On-Site Startup &Testing Service
1ea. 0 & M Manual
Includes Payment & Performance Bonds
Includes Buy Board Pricing
Items & Services Not Included:
Fuel for Startup & Testing
No Repairs or Replacement of Existing Equipment Not detailed In
This Quote.
TOTAL AS DETAILED PRICE $149,347.00
(q(WP ard'Pr ctng ,Buy,Board Contact*51 X16
Genset Factory Lead-time 12 -16 Weeks
Terms are 30days net with approved credit.
Price is valid for 30 days
Vol. 4 7 Pg. /A
Price does not include applicable taxes
To order or please sign, date and send back to my attention:
Name Date
Thank You
Ed Moseley
Holt Power Systems
P.O. Box 207916
San Antonio Texas 78220 Ph. 210-648-8485 Fx. 210-648-8452
Edward.Moseley(o,holtcat.com
TERMS & CONDITIONS:
PRICING IS FIRM FOR ORDERS RECEIVED WITHIN 30 DAYS OF QUOTATION.
Pricing On Bid Spec. Is Based On Product Section For Genset & A.T.S. Of Spec.
CREDIT TERMS ARE SUBJECT TO CREDIT DEPARTMENT APPROVAL.
STATE & LOCAL TAXES WHICH MAY BE APPLICABLE ARE NOT INCLUDED.
UNLESS SPECIFICALLY LISTED IN THE BILL OF MATERIALS, EQUIPMENT NOT
INDICATED, IS ASSUMED TO BE SUPPLIED BY OTHERS. WE RESERVE THE
RIGHT TO CORRECT ANY ERRORS OR OMISSIONS.
STANDARD WARRANTY OF THE MANUFACTURER APPLIES. COPIES ARE
AVAILABLE FROM THE MANUFACTURER UPON REQUEST.
CONTRACTS WHICH INCLUDE PENALTY OR LIQUIDATED DAMAGE CLAUSES
FOR FAILURE TO MEET PROMISED SHIPPING DATES ARE NOT ACCEPTABLE OR
BINDING UNLESS ACCEPTED AND CONFIRMED IN WRITING BY AN OFFICER OF
HOLT POWER SYSTEMS.
A 25% CANCELLATION FEE WILL BE APPLICABLE FOR ANY CANCELLED
ORDERS.
THESE TERMS & CONDITIONS HEREBY BECOME PART OF THIS QUOTATION,
AND SHOULD BE NOTED ON ANY PURCHASE ORDER RECEIVED BY THE HOLT
POWER SYSTEMS PRIOR TO ORDER PROCESSING.
HOLT POWER SYSTEMS WILL NOT BE RESPONSIBLE FOR ANY LABOR OR
MATERIAL CHARGES BY OTHERS ASSOCIATED WITH THE START-UP &
INSTALLATION OF THIS EQUIPMENT UNLESS PREVIOUSLY AGREED UPON OR
Vol. 2 7,2. Pg. /J'7
LISTED IN THE BILL OF MATERIALS.
THANK YOU FOR THE OPPORTUNITY TO OFFER THIS PROPOSAL. PLEASE DO
NOT HESITATE TO CONTACT US IF ADDITIONAL IF INFORMATION OR
ASSITANCE IS REQUIRED.
Vol. aS 7c Pg. /f t
#'UNiv% THE TEXAS A&M UNIVERSITY SYSTEM
yr "rns'a 301 Tarrow Street,rd Floor EXHIBIT B
, College Station,Texas 77840
r AM ;e y
rynft Minimum Prevailing Wage Rate
** County: Brazos
CLASSIFICATION RATE NOTES
Acoustic Ceiling Installer 14.66
Asbestos Abatement Worker 13.07
Carpenter 14.30
Concrete-Pour and Finish 14.75
Crane Operator 25.22
Driver 12.27
Drywall Installer 14.33
Electrician-Journeyman 20.27
Electrician-Apprentice 13.50
Elevator Mechanic-Journeyman 56.39
Elevator Mechanic-Apprentice 47.12
Fire Protection-Controls 18.86
Fire Protection-Pipefitter 18.84
Formwork Builder 14.03
Glazier 15.84
HVAC-Journeyman 20.06
HVAC-Apprentice 13.87
HVAC-Controls 15.14
Insulator 12.41
Ironworker 16.57
Laborer/Helper 11.31
Mason 16.92
Equipment Operator-Light 13.20
Equipment Operator-Heavy 16.18
Painter 12.50
Pipefitter-Journeyman 28.44
Pipefitter-Apprentice 15.90
Plasterer 14.81
Plumber-Journeyman 26.94
Plumber-Apprentice 16.35
Reinforcing Steel Worker 13.80
Roofer 13.80
Stone Mason 15.51
Terrazzo Installer 11.64
Tile Setter 14.76
Waterproofer 14.26
Nate:Listed minimum prevailing wage rate is the base hourly wage rate including fringes.
vO1. 02 702 Pg /5-9
ID
RFP # 18-111 Appraisal Services
JLL Valuation Valbridge Paramount
Max Points ST Lovett& &Advisory Property Property
Available associates CBRE, Inc Services Advisors Analysts
1 Experience of Firms personnel 30 30 28 30 24 27
2 Capacity to Perform 20 18 15 17 14 15
3 Personnel Qualifications 25 24 21 24 20 22
4 Governmental Experience 25 25 18 20 16 17
Technical Proposal Total 100 97 82 91 74 81
Committee mende ovett&Associates
Approved:
p � Date Approved: S IC6i ii
Y
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IQ
CONTRACT#18-111
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 between the Brazos COUNTY,Texas, ("the COUNTY") and Lovett&
Associates (the "APPRAISER"), whereby the APPRAISER agrees to provide the COUNTY
with certain professional services as described herein and the COUNTY agrees to pay the
APPRAISER for those services. The term of this contract shall be one (1) year starting May 8,
2018 through April 30, 2019 with the option to renew three (3) additional one (1) year periods.
Between the COUNTY: BRAZOS COUNTY, TEXAS
do Brazos County Commissioners' Court
Attention: County Judge
200 South Texas Ave., Ste. 332
Bryan, Texas 77803
and the APPRAISER: S.T. Lovett &Associates
3600 Lovett Lane
College Station,TX 77845
for the following PROJECT: Appraise property as requested by the COUNTY on a as
needed basis.
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.
Agreement Between County and APPRAISER Page I of 6
fva. 7 Pg.
ARTICLE II
SCOPE OF APPRAISER'S BASIC SERVICES
2.1 In consideration of the unit price compensation stated in paragraph 7.1, the APPRAISER
agrees to provide the COUNTY with the professional services as described in RFQ# 18-111 and
the APPRAISER'S response to RFQ# 18-111,which is incorporated herein by reference for all
purposes,and which services may be more generally described as follows:APPRAISER
Services.
ARTICLE III
COUNTY'S RESPONSIBILITY
3.1 The COUNTY shall provide full information regarding requirements for the Project.
3.2 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.
3.3 The COUNTY shall give prompt written notice to the APPRAISER if the COUNTY
becomes aware of any fault or defect in the Project or non-conformance with the contract
documents. Any delay by the COUNTY in providing said notice shall not constitute a waiver, a
bar or act to estop the COUNTY from exercising any of its rights under this contract.
3.4 The COUNTY shall 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.
3.5 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 IV
USE OF APPRAISER'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS
4.1 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.
4.2 The APPRAISER may retain one set of reproducible copies of the documents and these
copies shall be for the APPRAISER'S sole use in preparation of studies or reports for the
Agreement Between County and APPRAISER Page 2 of 6
Va. 02 7at Pg. /
COUNTY. The APPRAISER is expressly prohibited from selling, licensing, or otherwise
marketing or donating these documents, or using the documents in preparation of other work for
any other client,without the prior express written permission of the COUNTY.
4.3 Submission or distribution of documents to meet official regulatory requirements or for
similar purposes in connection with a Project is not to be construed as publication in derogation
of the APPRAISER'S reserved rights.
ARTICLE V
TERMINATION,SUSPENSION OR ABANDONMENT
5.1 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.
5.2 If the COUNTY suspends a Project for more than thirty (30) consecutive days, the
APPRAISER shall be compensated for services performed prior to notice of such suspension.
5.3 In the event of termination that is not the fault of the APPRAISER; the APPRAISER
shall be compensated for services perfonned prior to termination, together with Reimbursable
Expenses, if any, then due.
5.4 APPRAISER acknowledges that COUNTY is the client and all privity of contract exists
between APPRAISER and COUNTY, and no third parties.
ARTICLE VI
MISCELLANEOUS PROVISIONS
6.1 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.
6.2 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.
6.3 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.
6.4 This Agreement represents the entire integrated agreement between the COUNTY and
the APPRAISER and supersedes all prior negotiations, representations or agreements, either
written or oral. This Agreement may be amended only by written instrument signed by both the
COUNTY and the APPRAISER.
Agreement Between County and APPRAISER Page 3 of 6
Vol. --� P9• ILL
6.5 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.
6.6 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.
6.7 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.
6.8 SEVERABILITY: In the event that any provisions or portion of this Agreement is held
to be unenforceable or invalid, the validity and enforceability of the remaining provisions or
portions shall not be affected.
ARTICLE VII
PAYMENTS TO THE APPRAISER
7.1 APPRAISER SHALL INVOICE FOR ALL SERVICES, COSTS AND FEES
ASSOCIATED WITH THE PROJECT.
7.1 In consideration of the APPRAISING Services in compliance with all terms and
conditions of this contract, the COUNTY shall pay the APPRAISER according to the terms set
forth in Exhibit "A" (Appraisal Fee Schedule). Except in the event of a duly authorized change
order, approved by the COUNTY as provided in this Contract, the cost of APPRAISING
Services provided under this contract may not exceed the unit prices provided'in Exhibit"A".
ARTICLE VIII
OTHER CONDITIONS OR SERVICES
8.1 INSURANCE
8.1.1 The APPRAISER shall file with the COUNTY a Certificate of Errors and Omissions
Insurance having minimum limits of One Million and No/I00 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.
Agreement Between County and APPRAISER Page 4 of 6
Vol- P9-
8.1.2 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
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.
8.2 PERIODS OF SERVICE
8.2.1 The APPRAISER shall begin work immediately upon receipt of the Purchase Order. The
project will proceed according to the schedule shown the Scope of Work and Pricing Proposal.
The schedule makes certain assumptions regarding review processes and other activities that are
beyond the control of the APPRAISER.
8.2.2 Working days shall be defined as standard workdays between Monday and Friday,
exclusive of holidays.
8.2.3 This schedule assumes an orderly progression of the APPRAISER'S services. Delays
beyond the control of the APPRAISER may be cause for extension of this period of service, in
which case the APPRAISER shall submit in writing to the COUNTY its request for such
extensions a minimum of thirty(30)calendar days prior to the end of the affected service period.
8.2.4 If the COUNTY has requested significant modifications or changes in the general scope,
extent or character of the Project, the time or performance of the APPRAISER'S services shall
be adjusted equitably.
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
Agreement Between County and APPRAISER Page 5 of 6
VOl. c7Z 2A Pg. /46
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
eirve
Duane Peters,County Judge by: Steve Lovett
Principal
Acting by and through the authority of
the Brazos County Commissioners Court
Attest:
County Clerk
Ap ovefl Fo .
PATO
LOAM
A t.istaiWP�ty'Alton
Agreement Demean County and APPRAISER Page 6 of 6
TVol. 2 7� Pg.
Page 1 of 2
Exhibit "A"
Professional Services
Fee Schedule
Effective January 1s`,2018
Category is Appraisal, consulting and right-of-way acquisition services. Typical fees charged for
appraisal reports specific to eminent domain proceedings by property type:
Property Type Hours Fee Range
Vacant Land
Rural Land (Whole): 15 to 25 $2,655 to $4,375
Rural Land (Partial Taking):
With Damages 20 to 33 $3,500 to $5,775
Without Damages 17 to 30 $2,975 to $5,250
Farms/Ranches (Whole): 15 to 25 $2,655 to $4,375
Farms I Ranches (Partial Taking):
With Damages 20 to 33 $3,500 to $5,775
Without Damages 17 to 30 $2,975 to $5,250
Residential Lots(Whole): 15 to 25 $2,655 to $4,375
Residential Lots (Partial Taking):
With Damages 20 to 33 $3,500 to $5,775
Without Damages 17 to 30 $2,975 to $5,250
Commercial/Industrial Land (Whole): 15 to 25 $2,655 to $4,375
Commercial/Industrial Land(Partial Taking):
With Damages 20 to 33 $3,500 to $5,775
Without Damages 17 to 30 $2,975 to $5,250
Flood Plain Land (Whole): 15 to 25 $2,655 to $4,375
Improved Properties
Large Commercial/Industrial (Whole): 20 to 40 $3,500 to $7,000
Large Commercial/Industrial(Partial Taking):
With Damages 27 to 53 $4,725 to $9,275
Without Damages 24 to 48 $4,200 to $8,400
Small Commercial/Industrial (Whole): 15 to 30 $2,625 to $5,250
Small Commercial/Industrial (Partial Taking):
With Damages 20 to 40 $3,500 to $7,000
Without Damages 18 to 36 $3,150 to $6,300
Single Family Residential (Whole): 10 to 20 $1,750 to $3,500
Single Family Residential(Partial Taking):
With Damages 13 to 27 $2,275 to $4,725
Without Damages 12 to 24 $2,100 to $4,200
Category II: Consultations, Depositions, Pretrial Preparation and Testimony.
Billed at an hourly rate.
Classification Rate per hour
Principal Appraiser $175.00 ,
Appraisal Assistant $ 40.00
fva. 72 Pg. I4 7
i
Page 2 of 2
Category III: Reimbursable Expenses.
When appraisal testimony is required,certain exhibits will be necessary. Typically these include 24"
x 36"sized plats,maps, site plans,drawings, etc. Depending on the preference of Brazos County's
legal counsel, it may be necessary to mount the exhibits to foam board. In the event the exhibits are
prepared by S.T. Lovett&Associates, and after receiving prior written approval by a Brazos County
representative, the cost for the exhibits will be billed at actual cost.
von. 7i- Pg. /� �
CERTIFICATE OF INTERESTED PARTIES FORM 1295
l of 1
_ - I
•
Complete Nos.1-4 and 6 if there are interested parties. i OFFICE USE ONLY
Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. !2018-345073 `
S.T.Lovett&Associates
College Station,TX United States •Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the farm is ;04/26/2018
being filed.
Brazos County,Texas •Date Acknowledged:
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
18-111
Appraisal Services
Nature of interest
4 Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling I Intermediary
v _
•
•
5 Check only if there is NO Interested Party.
6 UNSWORN DECLARATION /
My name is �nx�``j / /Zen Lo tettrTr , and my date of birth is „CO /03/roo
My address is 3 6, O`Lf LnVcrrr 1./.0.1-6c , 617(2,6- �-31T1c:4 %)4: 778'ice �;FriZeS
(street) (city) (state) (zip code) (country)
•
I declare under penalty of perjury that the foregoing is true and correct.
Executed in 0;?•-r ZU 5 County, State of_ /tent ,on the 26 day of riPrr ,20is .
(month) (year)
IY
Signature of authorizedagent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission tvww.ethics.state.tx.us Version V1.0.5523
REQUEST FOR QUALIFICATIONS # 18-111
CM! & • S S S O C L 6T S
EAPPRAISALS,BROKERAGE E,RIGHT-OF-WAY ACQUISITIONS
APPRAISAL SERVICES
BRAZOS COUNTY
Prepared For:
Brazos County Purchasing Department, Suite 352
Brazos County Administration Building
200 South Texas Avenue
Bryan, Texas 77803
Prepared By:
Steven Trent Lovett
State Certified General Real Estate Appraiser
TX-1322517-G
as of
March 15th, 2018
2:00 pm CST
Vol. rZ 7,2 Pg, / 7 U
—3600 Lovett Lane, College Station,Texas 77845 •Tele:979.774.8943 • Fax:979.774.7 133 • Email:stevelovett@verizon.net—
TABLE OF CONTENTS
1
Required Forms and Documents
2
Introductory Letter
3
Company Biography
4
Experience, Performance &Capacity
5
Litigation / Ethics
6
Conflicts of Interest
7
a
9
10
Vol. .0•1 Pg. _j 7 l 600027
444
0C ` .S. te
,, a
REQUEST FOR QUALIFICATIONS
RFQ NO. 18-111
APPRAISAL SERVICES
SEALED QUALIFICATIONS TO BE SUBMITTED BEFORE:
Thursday, March 15, 2018 2:00pm CST
TO THE:
BRAZOS COUNTY
PURCHASING DEPARTMENT
200 S. Texas Ave. Suite 352
Bryan, TX 77803
Phone: (979) 361-4290
Fax: (979) 361-4293
Proposers, their employees or representatives, are prohibited from contacting any official or employee of
Brazos County, except the Purchasing Agent, in regard to this solicitation from the issuing date of the
solicitation until scheduled oral presentations or the date the Brazos County Commissioners Court meets to
consider award of the Proposal.Any such contact will be grounds for rejection of the vendor's proposal.
In compliance with this solicitation, the undersigned proposer having examined the solicitation and
specifications and being familiar with the conditions to be met, hereby submits the following Proposal for
famishing the material and/or services listed on the attached Proposal form and agrees to deliver said items at
the locations and for the prices set forthonthe Proposal form.
Company Name: S. 7 L oYETT z A 55 fl C / A T ES
By(Print): S4.e.V e_ L ov/a---/-r- Title: olt4el
Physical Address: 3 10 0 o L.u v En- LANta, Co//e4 Fie 57 nno J, /X 778 V.1-
Mailing
'fMailing Address: 5 A M C
Telephone: 'fin-77S -89S('3Fax:I7`i-775e las' E-Mail: 5'4 tve.La vezge VerltOAJ. leCT'
t €
Vol,•
Pg. /7.2 1
R. CERTIFICATION OF PROPOSAL
The undersigned further affirms that they are duly authorized to execute this Submittal, that this
Submittal has not been prepared in collusion with any other Firm, and that the contents of this
Submittal have not been co unicated to any other Finn prior to the official opening.
SIGNED Y. +_
TYPED NAME: SJ-GVes. Ile 17- L ov Err TITLE: OWNER
COMPANY NAME: S. I. Loverr verr t ss a e f R rci
PHONE: en 99 -174 - L.
q-3
MAILING ADDRESS: S (a OO LeVet- LN GRE--6E sritri o r.)I
P.O.Box or Street If X —17
tic
/ County TX Zip
EMAIL ADDRESS: s4-eve Loy crr a VE✓rat s.f. K bar--
VENDOR
7"VENDOR TAX IDENTIFICATION NUMBER: 30 — 0 Z.D Z 2. / I
END OF PROPOSAL REQUEST NO. 18-111
By signing below,Brazos County agrees that this RFP 18-111 will be awarded to the
Vendor whose name appears above and both parties agree to the terms and conditions
contained herein.
By:
Brazos County Commissioner's Court
Date
Attest: Brazos County Clerk
vii. _ y). p9. 7,3
CONTACT FORM
Vendor should include the name(s)of the person(s)authorized to negotiate with the County.
This information should includeemail,phone number and position in the company.t_
Company Name: S.1. O KC7"r A 5 S 0 C/A TEs
•
Authorized Company Representative for Negotiations: IJ'I-tve. L®V err-
Positionrtle: lPtKEre-
Contract Phone#: g7tl - 77/-s- 81 3
Contact Email: S+e.ve. Leu err 2 VCZ( -a H. N
Authorized Company Representative for Negotiations:
Position/Title:
Contract Phone#:
Contact Email:
Authorized Company Representative for Negotiations:
Position/Title:
Contract Phone#:
Contact Email:
VOI. C 2Z 2 .2 Pg. / 7
House Bill 89 & Debarment Verification
Brazos County is federally mandated to adhere to the directions provided in the Presidents
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.ServicesAdministration's Excluded Parties List
System (EPLS, https://www.sam.gov), 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 any federal,
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.sam.gov.
The undersigned 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, 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: S' 17 Layo 4Ssocir>-fez.
Authorized Company Representative: 5T14 I zL'Tt7r LnY&-'rr
Address: 3 (PoQ LaVecrr Ln-atE
Colig��t= scrim cm 1--i 7C 178 'AC
Sig nat P14 fr
Date: 0.3 /iS hs
Contract#: nia No. /6 -//I
# j 2
Vol L_P Pg. .
l
REFERENCES
Please list five (5) references, other than Brazos County, who can verify your
performance as a Respondent. Performance includes but shall not be limited to, sales
and/or service, delivery, invoicing, and other items as may be required for Brazos
County to determine Respondent's ability to provide the intended goods or service of
this Proposal. The County PREFERS references to be from Government customers.
References must be able to verify the quality of service Respondent's company provide
and that the company has completed a project of similar size and scope of work in the
bid. Inaccurate, obsolete or negative responses from the listed references could result
in rejection of your Proposal.
Failure to supply required references will deem Respondent as non-responsive and will
not be considered for award.
REFERENCE ONE
GOVERNMENT/COMPANY NAME: /L-7*s a Gm j rMLTIr OF Igilt- 5 a ICA Pam
ADDRESS: ZS 41 NORTH EARL 'UAblEg. FR04V 73R`fgN ,IX 178 03-5/ 70
CONTACT PERSON AND TITLE: MAuStCC' f1/444t46SS I r4+& TorCTAT(014EMI r
TELEPHONE NUMBER: 11 Y- 718- 7 7 5 8
E-MAIL ADDRESS: f'i't a.4 R I C 6 , /S/ 4 h.SS &. 74x cl o+. 4 ov
SCOPE OF WORK: POW A PA?A 4 t?c7aag7- 44./iriticr-SS resnenUKY
CONTRACT PERIOD: -VAle I OUS
REFERENCE TWO
GOVERNMENT/COMPANY NAME: C i 4%1 Oca L a .tom, TI\TI of)
ADDRESS: 0. ey( rl 1 ted Co use. sr/s�t�fon,1 1 - 77 t3 `AL
CONTACT PERSON AND TITLE: MPre C. MCF�tn.LtTte L..AmtEN. jt..C,air
TELEPHONE NUMBER: SIS- IS - 8 8 71
•
E-MAIL ADDRESS: h1 P�CGmiI44C C C54 c, qmV
4
SCOPE OF WORK: /POW 9eaia/.s di
CONTRACT PERIOD: f/''e/0 4 S
L Pg. / 7 4
REFERENCES CONTINUED
. REFERENCET flE
GOVERNMENT/COMPANY NAME I.4
ADDRESS: P0. Eu'S ( :BRykn! (X 778Or.
CONTACTPERSONANDTITLE 4uL KAsPrZ. Ye, ;TN Cn1 let ccr ;
TELEPHONE`NUMBEf2_' 177 9 2 0`T - 5`0 3 O
E-MAIL ADDRESS: 7 t r @•,l rtrr 4 x oV
SCOPE OF WORK . R®k/ 4 R R:4/3 4 tS
CONTRACT PERIOD: 4 1d'IS
.kRRENCEFOUR e
GOVERNMENT/COMPANY NAME: ,&e C-x'#43 4/774/ 71 E5
ADDRESS:, LZ 8 UflB / / 12 ydf7V /K •7 72057
CONTACT PERSON AND TITLE: P ®:Y /mss /MBG C N kat A/RC /�/C- &AV%Y /J EL iv
TELEPHONENUMBER:-- 771 Z 2-9 - 3 /rY
E-MAIL ADDRESS: lC /tent A/t e 4 ¢ u ��/i•//Cs. C o ss1
SCOPE OF WORK: P0kv' ep/pr.¢fS4 Is ft &cfasier Sts/ 1;0 s-r A.lilra+s"v
V as I
CONTRACT PERIOD: t
REFERENCEFWE > "n
GOVERNMENT/COMPANY NAME; (3e os CeN/-lr.tL AIP;4isrt&. ,[7/srrercr
ADDRESS: / 073 Die'i4gc,eeSr vgem61 Sued `A -!®f/ /3/rv4M, fl 779oz—
CONTACTPERSONAND'TITLE- /vd/Eetc recce / CNeia Ap 6e4tseIZ
TELEPHONE NUMBER:' q7¶ - 77-St iet 0 o' •
E-MAIL ADDRESS. "fri eA r/t e: ZD5 Ca c% Dr" /
SCOPEOFWORK::Mese(cti Vaftc ' egU.& 4mei UntjvyH Atte lS�&S
CONTRACT PERIOD' Van ®kt_S
4 Y
i F i r
DEFICIENCIES AND DEVIATIONS FORM
Following is a listing of ALL deficiencies and deviations from the requirements and/or
provisions as outlined in the Proposal. Unless specifically listed here, your response
will be considered to be in FULL compliance with the Proposal. Respondent assumes
the responsibility of identifying all deficiencies and deviations and if not identified, all
requirements of the Proposal stipulated must be fulfilled at no additional expense to
Brazos County.
Nomc
va. 0Z 2 � Pg. / 7
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 between'the Brazos.COUNTY, Texas, ("the;COUNTY") and XYZ
Appraising'( the "APPRAISER") whereby the APPRAISER,agrees to provide the COUNTY
with certain professional services as described herein and ,the COUNTY agrees to pay the
APPRAISER for those services ¢The term of this contract shall be from PLACE DATESshERE.
Between the COUNTY: BRAZOS COUNTY,TEXAS
c/o.Brazos County Commissioners' Court 1
Attention:,County Judge
200 South Texas Ave.,Ste. 332
Bryan,Texas 77803
and the APPRAISER:
}
for the following PROJECT: Appraise property as requested by the COUNTY on a as
needed basis.
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.
k1
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 APPRAISERashall sulilnit
for the COUNTY'S approval a schedule for the performance of the APPRAISER'S services
which may adjusted as the Project proceeds and shall include allowances for periods of time ('I
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, beexceeded by the, APPRAISER..or the
COUNTY.
Agreement Between County.and APPRAISER
z /
ARTICLE II
SCOPE OF APPRAISER'S BASIC SERVICES
2.1 In consideration of the unit price compensation stated in paragraph 7.1,the APPRAISER
agrees to provide the COUNTY with the professional services as described in RFQ# 18-111 and
the APPRAISER'S response to RFQ# 18-111,which is incorporated herein by reference for all
purposes,and which services may be more generally described as follows: APPRAISER
Services.
ARTICLE III
COUNTY'S RESPONSIBILITY
3.1 The COUNTY shall provide full information regarding requirements for the Project.
3.2 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.
3.3 The COUNTY shall give prompt written notice to the APPRAISER if the COUNTY
becomes aware of any fault or defect in the Project or non-conformance with the contract
documents. Any delay by the COUNTY in providing said notice shall not constitute a waiver, a
bar or act to estop the COUNTY from exercising any of its rights under this contract.
3.4 The COUNTY shall 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.
3.5 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 IV
USE OF APPRAISER'S`DRAWINGS,SPECIFICATIONS AND OTHER DOCUMENTS
4.1 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.
4.2 The APPRAISER may retain one set of reproducible copies of the documents and these
copies shall be for the APPRAISER'S sole use in preparation of studies or reports for the
COUNTY. The APPRAISER is expressly prohibited from selling, licensing, or otherwise
tri , Agreement Beteeen County and APPRAISER Page 2 of 6
If 1
vol. 02 29- Pg.
marketing or donating these documents, or using the documents in preparation of other work for
any other client, without the prior express written permission of the COUNTY.
4.3 Submission or distribution of documents to meet official regulatory requirements or for
similar purposes in connection with a Project is not to be construed as publication in derogation
of the APPRAISER'S reserved rights.
ARTICLE V
TERMINATION, SUSPENSION OR ABANDONMENT
5.1 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.
5.2 If the COUNTY suspends a Project for more than thirty (30) consecutive days, the
APPRAISER shall be compensated for services performed prior to notice of such suspension.
5.3 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.
5.4 APPRAISER acknowledges that COUNTY is the client and all privity of contract exists
between APPRAISER and COUNTY,and no third parties.
ARTICLE VI
MISCELLANEOUS PROVISIONS
6.1 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.
6.2 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.
6.3 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.
6.4 This Agreement represents the entire integrated agreement between the COUNTY and
the APPRAISER and supersedes all prior negotiations, representations or agreements, either
written or oral. This Agreement may be amended only by written instrument signed by both the
COUNTY and the APPRAISER.
Agreement Between County and APPRAISER _, Page 3 of 6
Vol. 7-2 Pg. / g)
6.5 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.
6.6 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.
6.7 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 ori The COUNTY as the result of such
activities by the APPRAISER, its agents or employees.
6.8 SEVERABILITY: In:the event that any provisions or,portion of this Agreement is held
to be unenforceable or invalid, the validity and enforceability of the remaining provisions or
portions shall not be affected.
ARTICLE VII.
PAYMENTS TO THE APPRAISER
7.1 APPRAISER SHALL >INVOICE FOR ALL SERVICES, COSTS AND FEES
ASSOCIATED WITH THE PROJECT.
7.1 In consideration ,of the APPRAISER's provision of the APPRAISING Services in
compliance with all terms and conditions of this contract the COUNTY shall pay the
SURVEYOR according to the terms set forth in Exhibit "Af". Except in the event of a duly
authorized change order, approved by the COUNTY as provided in this Contract, the cost of
APPRAISING Services provided ander this'contract'may not exceed the unit prices provided in
Exhibit"A".
ARTICLE'VIII
OTHER CONDITIONS'OR SERVICES
8.1 INSURANCE
8.1.1 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.
Agreementgetween County and APPRAISER '" Page 4otfi' - _
volt Pg.
1 •
8.1.2 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
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.
8.2 PERIODS OF SERVICE
Appse4t er SCOL
8.2.1 The SURVEYOR shall begin work immediately upon receipt of the Purchase Order. The
project will proceed according to the schedule shown the Scope of Work and Pricing Proposal.
The schedule makes certain assumptions regarding review processes and other activities that are
beyond the control of the SURVEYOR.
8.2.2 Working days shall be defined as standard workdays between Monday and Friday,
exclusive of holidays.
'y4/cc . Ala)rt'/See �7
8.2.3 This schedule assume an orderly progression of the SURVEYOR'S services. Delays
beyond the control of the may be cause for extension of this period of service, in
which case the shall submit in writing to the COUNTY its request for such
extensions a minimu of thirty (30)calenddar-ddaays prior to the end of the affected service period.
Agin24.tstett CST4J
8.2.4 If the COUNTY has requested significant modifications or changes in the general scope,
extent or character of the Project, the time or performance of the SURV-IiY 'S services shall
be adjusted equitably. 6.411, I$at Q
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
Duane Peters,County Judge by: xxxxxxx
Principal
Acting by and through the authority of
the Brazos County Commissioners Court
Attest:
Agreement Between County and APPRAISER _ Page 5 of 6
vel. ._ E2 7-_ Ng. _/ �'3
County Clerk
Approved as to Form:
Assistant County Attorney
•
•
Agreement Between County and APPRAISER Page 6 of 6 $qq
CES }YTy A
�# � ® Page 1 of 13
S.T.. LOVETT Ass *.�vCiATES
Q
Esi. .`Y'y ® APPRAISALS,BROKERAGE&RIGHT-OF-WAY ACQUISITIONS
March 15th, 2018
Brazos County Purchasing Department
200 S.Texas Avenue, Suite 352
Bryan,Texas 77803
Re: REQUEST FOR QUALIFICATIONS(RFQ No. 18-111)
To Whom It May Concern:
S. T. Lovett & Associates is pleased to provide this response to Brazos County's Request for
Qualifications for Appraisal Services to be submitted on or before 2:00 pm CST Thursday, March
15th, 2018.
As will be demonstrated throughout the body of this RFQ response, I have been a commercial real
estate appraiser for the past 30+ years specializing in eminent domain appraisals for the
acquisition of both fee and easement rights-of-way. My goal has always been to provide clients
with high quality,cost effective appraisals that are independent,objective,impartial and unbiased;
and, that are prepared in compliance with the Uniform Standards of Professional Appraisal
Practice (USPAP), the USPAP Competency Rule, as well as provisions of local, state and federal
applicable laws, ordinances and regulations.
I appreciate the opportunity to be of service to Brazos County.
Best Regards,
�. -,Jr
Steven Trent Lovett
State Certified General Real Estate Appraiser
Certificate No.TX-1322517-G
3600 Lovett Lane, College Station, Texas 77845 • Tele: 979.774.8943 • Fax: 979.774.7133 • Email: stevelovett@verizon.net
•
• Page 2 of 13
Company Biography
S. T. Lovett& Associates is a sole proprietorship founded in 4 . '4/c
1994 to provide appraisal, consulting and right-of-way '•, _• `."i
acquisition services to various public and private sector clients r <tA7.7rgyp"- �'
throughout the Brazos Valley. The company is headquartered s _ E
at 3600 Lovett Lane, College Station, Texas 77845. All , i. ,*.x $ '
appraisal and appraisal consulting services are performed on . " t ,l
;;,''
an independent, objective, impartial and unbiased basis. $ , ;
Steven Trent Lovett is the founder, owner and currently its l�``.`' p y
,,..,.. . .
only employee. From time-to-time, additional employees are '" i.c...+, ,,,d
hired as work load requires. In all cases, Mr. Lovett serves as ;' ' ;; ?
:k ?, �»fi,•1? p
the project manager and would oversee any project assigned } * t ,;.
throughout the entire appraisal and/or consulting process. qe „, i . .'„ 4
Mr. Lovett has been active in the real estate industry I
�r x x a5F i
throughout the Brazos Valley area since 1984. His professional A.
expertise includes real property valuations, business
valuations as part of a "going concern" appraisals, feasibility analyses, highest & best use
studies, market research, commercial real estate development, commercial sales and leasing,
and commercial property management. Mr. Lovett holds the following degrees, certifications
and licenses:
• Bachelor of Science, Agricultural Economics,Texas A&M University, 1982
• Master of Business Administration, Texas A&M University, 1984
• State Certified General Real Estate Appraiser TX-1322517-G
• Licensed Real Estate Broker 40349244.
iEens£1PPCEx 11122Nlq anti Leni1.222 on}5o3r0 + :: P.e<as i181 estate T°'11.ion
12
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Cer reed Geneial Real Estate Appraiser = Real Estak 9r6ker License
Nunct TX 1322517 G - Vier Licenses 349244 ucelse Reales.02/2912020
is_.ue, 0212212018 EapesS 02/2912020 STEVEN TRENT LOVETT
Apomase, STEVEN TRENT LOVETT 3600 LOVETT LN
COLLEGE STATION.TX 77835
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3600 Lovett Lane, College Station, Texas 77845 • Teiei 979 774.$943 • Fax: 979.774.7133 • Email: stevelovett@verizon.net
Vol. 7,,2 Pg. _ _
Page 3 of 13
Experience, Past Performance and Capacity
4 a. Experience: Mr.Lovett has spent the past 30+years practicing in the Brazos Valley
Region and has developed expertise in highway, pipeline and power line right-of-
way appraisals for various state and local governmental agencies having the power
of eminent domain. Mr. Lovett's appraisal experience includes the following
property types:
• Residential: Single family residences, duplexes, apartment complexes and
residential subdivisions;
• Farm&Ranch: Livestock ranches, poultry farms,livestock auction barns,farm
land and recreational tracts;
• Commercial: Vacant land, commercial subdivisions, single and multi-tenant
office buildings, retail centers, office/warehouses, convenience stores, free-
standing retail buildings, banks and restaurants;
• Special Use: Automobile dealerships, carpet mill; conservation, power line,
pipeline, sanitary sewer and drainage easements.
Past Performance: A list of governmental clients as well as some of the multi-
parcel projects in which Mr.Lovett has acted as a primary appraiser is listed below.
In addition, Mr. Lovett has performed eminent domain appraisals for and has
consulted with private property owners involved in right-of-way acquisition
projects in which he had no conflict of interest.
Texas Department of Transportation( Bryan &Waco Districts)
• SH 249 (new highway route)@ SH 105, Grimes County,Texas;
• George Bush @ FM 2154 widening, Brazos County,Texas;
• IH-35 widening- McLennan and Falls County,Texas;
• Texas Avenue widening- Phase I & II, College Station,Texas;
• State Highway 6 South widening- Phase I & II, South Brazos County,Texas;
• State Highway 40 (new highway route), College Station and Brazos County;
• SH 40 Conservation Easement for Navasota's Ladies Tres' Orchid mitigation;
• State Highway 6 North widening, Hearne to Marlin, Texas;
• State Highway 36 widening, Lyons to Caldwell,Texas;
• State Highway 36 widening, Cameron,Texas;
• State Highway 21 widening, Wixon Valley,Texas;
• San Jacinto (SH 21) widening, Bryan,Texas;
• FM 158 widening- Phase I, Bryan,Texas;
3600 Lovett Lane, College Station, Texas 77845 •Tele: 979.774.8943 • Fax: 979.774.7133 • Emaif: stevelovett@verizon.net
Vol.
a7-2_o2_ Pg. /Sr/ I i
Page 4 of 13
• Villa Maria West Extension, Bryan, Texas;
• Numerous other parcels on various projects.
City of College Station
• Rock Prairie Road West widening;
• Wellborn Road sidewalk project;
• Various individual parcels throughout College Station;
• Provided right-of-way negotiation and easement acquisition servicesforthe FM
2818 water line project- approximately 30 parcels.
City of Bryan
• FM 158 widening (Public Utility Easements only), Bryan,Texas;
• Individual parcels throughout Bryan.
Brazos County Road &Bridge Department
• Greens Prairie Road (new highway route); College Station and Brazos County;
• Brazos County Expo Center& Condemnation;
• Tabor Road Pavilion;
• Numerous multi-parcel road widening projects throughout Brazos County;
• Numerous multi-parcel bridge expansion projects throughout Brazos County.
Bryan Texas Utilities
• Numerous single and multi-parcel high voltage electrical easement appraisals;
• Land Market Studies.
Brazos Central Appraisal District
• Numerous Market Value and Equal & Uniform appraisals for Ad Valorem tax
suits;
Wickson Creek Special Utility District
• Individual water line easement appraisals;
Wellborn Water
• Individual water line easement appraisals;
3600 Lovett Lane, College Station, Texas 77845 • Tele:979.774.8943 • Fax: 979.774.7133 • Email: stevelovett@verizon.net
Vol. IZ Pg. / 981
Page 5 of 13
Falls County Water Control Improvement District No. 1
• Multiple flood control easements, Falls County.
Other Areas of Expertise
• Real estate brokerage and leasing;
• Developer and general contractor for new commercial construction including
over 60,000 SF of office/warehouse space;
• Residential and commercial construction budgets,site plans and building plans;
• Negotiating oil and gas leases, petroleum pipeline easements and surface
waivers;
• Re-zoning and platting land;
• Obtaining variances in development ordinances;
• Resolving title encumbrances, legal and environmental issues;
• Obtaining financing for various types of real estate.
Capacity & Methodology: Mr. Lovett regularly employs all three appraisal
methods-CostApproach,Sales Comparison Approach and Income Approach,when
applicable. His appraisals are prepared in compliance with the Uniform Standards
of Professional Appraisal Practice(USPAP),the USPAP Competency Rule,as well as
provisions of local, state and federal applicable laws, ordinances and regulations.
The Appraisal Plan to accomplish a "typical" road widening project consists of the
following steps:
Narrative Plan/Scope of Work „, ,
Work
Task Performed By
-Pi-e-Appraisal Process
Design /Engineer new roadway BC/Engineer
Prepare deed and/or easement documents which will convey needed BC/Legal
property rights to Brazos County Department
Identify property ownership; Issue Title Commitments BC /Title
Company
3600 Lovett Lane, College Station, Texas 77845 • Tele: 979.774.8943 • Fax: 979.774.7133 • Email: stevelovett@verizon.net
vol. a 70 i'g. _� ��
Page 6 of 13
If requested by client, review proposed engineering plans/ ST Lovett&Assoc
conveyance document(s) to identify those parcels in which ROW
acquisition may result in unnecessary damages. Consult with Engineer
/Land Agent to offer suggestions to minimize, if possible,the adverse
impact of the taking.
Prepare owner contact list information BC/Land Agent
Prepare final Parcel Plats for each property BC/Surveyor
Appraisal Process l
Consult with BC Land Agent:
• Confirm what property rights will be acquired - i.e. fee, easement- ST Lovett&Assoc
temporary or permanent;subsurface,surface and aerial;one use or
multiple uses, etc.
• Confirm the scope of the project, what appraisal problem is to be
solved, and how many appraisal reports will be needed for each
parcel.
• Identify those parcels, if any, which may need to receive priority
scheduling.
Prepare a written fee schedule per parcel and deliver to the BC Land ST Lovett&Assoc
Agent. Negotiate the fees and "not to exceed" amount for each parcel.
Prepare individual appraisal files for each parcel to include: ST Lovett &Assoc
• Survey Plat
• Title Commitment
• Tax Card(s)
• Source Deed (if sold within the past S-years)
• Aerial Photograph
• Flood Plain map
• Zoning Map
• Owner Contact Information
Arrange files by property type/ highest& best use ST Lovett&Assoc
• Vacant land by HBU
• Improved by type (i.e. residential, commercial, industrial, etc.)
Prepare/send Inspection letters or place phone call to property ST Lovett&Assoc
owners
3600 Lovett Lane, College Station,Texas 77845 • Tele: 979.774.8943 • Fax: 979.774.7133 • Email: stevelovett@verizon.net
Vol. cg 72 Pg. I )d
Page7of 13
Appraisal Steps
• Inspect the subject property and the surrounding neighborhood; ST Lovett &Assoc
(Note: Sequence of inspections may be conducted by property type
or as directed by the BC Land Agent)
• Gather appropriate site, neighborhood, and economic data;
• Determine the highest and best use of the subject site, as though
vacant; and of the property as improved;
• Analyze the existing building and site improvements, if any, as to
effective age,construction type,quality,condition,functional utility,
and market acceptance;
• Determine based upon property type and highest and best use
conclusion which valuation methods to utilize;
• Investigate,confirm,and inspect comparable land sales to estimate
the value of the subject land as vacant;
• Estimate the reproduction cost new of the building and site
improvements, if any, and deduct accrued depreciation from all
causes to estimate the value of the Whole Property via the Cost
Approach;
• Investigate, confirm, and inspect comparable improved sales to
estimate the value of the Whole Property via the Sales Comparison
Approach;
• Investigate and confirm relevant income and expense data,
occupancy rates,and capitalization rates to estimate the value of the
Whole Property via the Income Approach;
• Reconcile the value indications to develop a concluded final market
value for the Whole Property;
• Estimate the value of the Part Acquired-both the Fee taking and/or
Easement rights acquired;
• Estimate the value of the Remainder Before the acquisition;
• Estimate the curative costs, if any, required to restore functional
3600 Lovett Lane, College Station, Texas 77845 •Tele: 979.774.8943 _Fax: 979.774.7133_Ernail: stevelovett@verizon.net
ff Vol. a 702 Pg. / �/�
Page 8 of 13
utility to the property;
• Estimate the value of the Remainder After the acquisition;
• Reconcile the value of the Part Acquired plus any damages (or
enhancements) and cost-to-cure to the remainder into a final
estimate of total compensation.
Prepare original appraisal reports, two (2) per parcel (or number as ST Lovett&Assoc
directed by BC Land Agent)
Email electronic copy of appraisal and hand deliver bound copies of ST Lovett&Assoc
appraisals to BC Land Agent
General,](Administrative -
Prepare invoices by parcel as completed ST Lovett&Assoc
4 b. S. T. Lovett&Associates currently has no employees other than Steve Lovett.
4 c. Mr. Lovett has extensive experience working with engineering and architectural
plans both as an appraiser and as a real estate developer. Mr. Lovett has
personally employed numerous local surveyors, civil engineers and architects to
prepare boundary,topographic and subdivision surveys,geotechnical soil studies,
asbestos surveys, handi-cap site assessments, subdivision plans, site plans and
building plans.
4 d. Mr. Lovett has never been retained to prepare an appraisal for the U. S. Corps of
Engineers, but is generally familiar with reporting requirements for Federal
appraisals. Mr. Lovett has extensive experience in preparing appraisals for the
Texas Department of Transportation (TxDOT) using Form ROW-A-5, Real Estate
Appraisal Report and has a good working knowledge ofTxDOT's ROW Appraisal and
Review Manual.
4 e. Having over 30 years of real estate appraisal and ROW negotiation experience, Mr.
Lovett has had to deal with many controversial projects and unfriendly property
owners. His policy is treat all parties involved with respect and compassion for
their respective points of view. When property owners find the appraiser to be
committed to fairness,without bias,and independent,impartial and objective,they
generally become less contentious and more receptive of the ROW acquisition
process.
3600 Lovett Lane, College Station,Texas 77845 • Tele: 979.774.8943 • Fax: 979.774.7133 • Email: stevelovett@verizon.net
p
vol. v2 7 P9• / ?-2.z
Page 9 of 13
4 f. Mr. Lovett has extensive experience testifying as an expert witness before Special
Commissioner Hearings (estimated to be in excess of 35 hearings), acting as a
consultant in mediation hearings, and on two occasions testifying before a Judge
in estate partitioning cases. In addition,he has testified in the following jury trials:
• State of Texas vs.Target Corp. (Brazos County Court at Law);
• State of Texas vs. Don Ballard, et al (Brazos County Court at Law);
• State of Texas vs. Meyers Land & Cattle (Brazos County Court at Law);
• State of Texas vs. Sam Ken, Inc. (Brazos County Court at Law);
• Hurani vs.John O'Quinn (Harris County Court)
(The Rest of This Page Intentionally Left Blank)
3600 Lovett Lane, College Station,Texas 77845 • Tele:979.774.8943 • Fax: 979.774.7133 • Email: stevelovett@verizon.net
Vol. _2_7 a- pg. /93 I
Page 10 of 13
4 g. Reference Data
'References ,
Reference One Reference Two
Texas Department of Transportation City of College Station
Maurice Maness Mark McAuliffe
Transportation Engineer Land Agent
2591 North Earl Rudder Freeway P.O. Box 9960
Bryan,Texas 77803-5190 College Station, Texas 77842
(979) 778-9788 (979) 776-8871
maurice.maness@txdot.gov mmcauliffe@cstx.gov
Reference Three Reference Four
City of Bryan Bryan Texas Utilities
Mr. W. Paul Kaspar, P.E.,CFM Randy Trimble
City Engineer Executive Director, Energy Delivery
P.O. Box 1000 P.O. Box 1000
Bryan, Texas 77805 Bryan, Texas 77805
(979) 209-5030 (979) 229-3154
pkaspar@bryantx.gov rtrimble@btutilities.com
Reference Five . Reference Six
Brazos Central Appraisal District Rodgers, Miller & Rodriquez, P.C.
Mark Price Jon Miller
Chief Appraiser Attorney At Law
1673 Briarcrest Drive, Suite#A-101 4444 Carter Creek Parkway, Suite 208
Bryan, Texas 77802-2749 Bryan,Texas 77805-4484
(979) 774-4100 (979) 260-9911
mprice@brazoscad.org miller@rodgersmiller.com
Reference Seven
Bruchez, Goss, Thornton, Meronoff& Briers,
P.C.
Jay Goss
Attorney At Law
4343 Carter Creek Parkway, Suite 100
Bryan,Texas 77802
(979) 268-4343
jgoss@bruchez.com
3600 Lovett Lane, College Station, Texas 77845 • Tele: 979.774.8943
• Fax: 979.774.7133 • Email: stevelovett@verizon.net
Vol. — P9. / 4�
Page 11 of 13
4 h. Proposer Data Sheet
Contact Form
Company Name: S.T. Lovett&Associates
Authorized Company Representative for Negotiations: Steven Trent Lovett
Position/Title: Owner
Contract Phone if: (979)774-8943
Contact Email: stevelovett@verizon.net
(The Rest of This Page Intentionally Left Blank)
•
3600 Lovett Lane, College Station, Texas 77845 •Tele: 979.774.8943 • Fax: 979.774.7133 • Email: stevelovett@verizon.net
[v..01. -2 7-2 pg. j���
Page 12 of 13
Litigation / Ethics
5 a. Current/Pending Litigation &Settled or Disposed Litigation
Mr. Lovett, nor his company or any affiliate companies, has not been sued for any
reason during his entire 30+ year career as a real estate appraiser or real estate
broker.
5 b. Ethics Violations or Board Actions
Mr. Lovett, nor his company or any affiliate companies, has not been accused of
nor cited for any ethics violation during his entire 30+year career as a real estate
appraiser or real estate broker.
(The Rest of This Page Intentionally Left Blank)
3600 Lovett Lane, College Station, Texas 77845 • Tele: 979.774.8943 • Fax:979.774.7133 • Email: stevelovett@verizon.net
va. ol 7.2 Pg. / 5'41
t
Page 13 of 13
Conflicts of Interest
Mr. Lovett, nor his company or any affiliate companies,has any known conflicts of
interestthat would prevent him from providing appraisal servicesfor BrazosCounty
on an unbiased,independent, impartial and objective basis. In the event a conflict
of interest arises,or is learned during the term of an appraisal contract, Mr. Lovett
will immediately notify the appropriate Brazos County employees and remedy the
situation by recusal,or any other manner mutually agreed upon.
(The Rest of This Page Intentionally Left Blank)
3600 Lovett Lane, College Station,Texas 77845 • Tele: 979.774.8s943702
•• Fax: 979.774.7133 • Email: stevelovett@verifon.net
%02 pg. ±�
it
Tabulation
18-120 Landscape Maintenance
June 1,2018 through May 31,2020
� ,7
"� �. �' '� �j '? Brazos Center-Non
''� S ' '- Juvenile Justice Center Brazos Center-Irrigated Irrigated Justice of Peace Pct.3 Exposition Complex Ilt,,.,,� -q
P? e thiS Cost/Month Cost/Year Cost/Month Cost/Year CosUMonth Cost/Year Cost/Month Cost/Year Cost/Month Cost/Year Total Cost
Green Teams,Inc. $585.00 $7,020.00 $1,032.00 $12,384.00 $200.00 $2,400.00 $429.00 $5,148.00 $2,444.00 $29,328.00 $56,280.00
Regal Water
Services $480.00 $5,760.00 $862.00 $10,344.00 $153.00 $1,836.00 $350.00 $4,200.00 $1,730.00 $20,760.00 $42,900.00
C
2.
Grass Masters $455.00 $5,460.00 $860.00 $10,320.00 $170.00 $2,040.00 $357.50 $4,290.00 $1,868.75 $22,425.00 $44,535.00
WCD Enterprises $495.00 $5,940.00 $860.00 $10,320.00 $170.00 $2,040.00 $370.00 $4,440.00 $1,855.00 $22,260.00 $45,000.00
R1111;11ECOMMENDED AWARD: Regal Water Services HIved Co sinner's Court on this S day of MOO + , 2018 by
\� holding the position of eu .4... (,Pi i. ,.....•4
m
12
,,� *ts op'•.
: Brazos County
&tTIPurchasing Department
nv
200 SOUTH TEXAS AVE SUITE 352 BRYAN,TX 77803
PHONE(979)361-4290 FAX(979)361-4293
April 23, 2018
McCreary, Veselka,Bragg,&Allen, P.C.
700 Jeffrey Way, Suite 100
PO Box 1269
Round Rock,Texas 78680
800-369-9000
Re: Renewal of Contract for Collection of Delinquent Property Taxes.
Brazos County appreciates the quality work your company has provided and would like to exercise the
renewal option for 18-137R Collection of Delinquent Property Taxes,previously known as 17-0051,
2014-761,2013-141?,2010-461?, 2008-40R and 2006-32.
All terms,conditions, and pricing shall remain the same. This renewal term will be for two years from
October I, 2018 to September 30,2020.
To accept the renewal option, please fill out the information and sign below. Return the signed
documents by email to lmaness@brazoscountytx.gov or fax to (979) 361-4293. Please then submit the
original signed documents and an updated Certificate of Insurance by mail to the address listed above.
Please return acceptance as soon as possible. If you have any questions, I may be reached at (979)
361-4284.
Contact Name: N(try t, M• A"rn �7 Telephone: J ' '-- 3�-3 - 32w'
E-Mail: eve C r%W Oa '-Qt ' . con. Fax: 21 — 3a ;— 320$
'• " AIRY,VESELKA,BRAGG&ALLEN,P.C.
i
Ad �i Ati if Aidty 4n1 Z7 24 "-
Authorized gnature Date
BRAZO •TY
611 ig
Duane Peters,County Judge Date
Iva. o�
7.0? Pg.
MCCREARY, V.ESELKA, BRAGG & ALLEN, P.C.
CONTRACT FOR THE COLLECTION OF
DELINQUENT PROPERTY TAXES
THE STATE: OF TEXAS §
COUNTY OF BRAZOS §
THIS CONTRACT is made and entered into by and between The County of Brazos,
Texas (The County), acting herein by and through its governing body, and McCreary,
Veselka, Bragg and Allen, P.C. (The Firm), 700 Jeffrey Way, Suite 100, P.O. Box 1269,
Round Rock, Texas 78680, pursuant to the provisions of Section 6.30 of the Tax Code.
1. •
The County agrees to employ and does hereby employ MVRA to enforce by lawsuit or
otherwise the collection of all delinquent taxes, penalty and interest owing to all of the taxing
units for which The County collects property taxes except the Bryan Independent School
District. Current year taxes which become delinquent within the period of this Contract shall
become subject to the terms of this Contract upon the following conditions:
A. Taxes on real property that become delinquent during the term of this Contract, that
are not delinquent for any prior years, become subject to the terms of this Contract on
July I" of the year in which they become delinquent.
B. Taxes on tangible personal property that becomes delinquent during the term of this
Contract become subject to the terms of this Contract if not paid within sixty days of
the date on which the taxes•become delinquent.
C. Not withstanding A and B above, taxes on tangible personal property and real
property that become delinquent during the term of this Contract that are also
delinquent for prior tax years and is the subject of a lawsuit to collect the prior years
delinquent taxes, shall become subject to its terms on the first day of delinquency as
defined by the Texas Property Tax Code.
11.
•
The County agrees to furnish all necessary delinquent tax information to The Firm on all
property within the boundaries of The County.The County shall provide The Firm a computer
file of all delinquent taxes monthly. The County hereby authorizes The Firm to determine the
name, identity and location of necessary parties and to procure necessary legal descriptions of
property and hereby assigns to The Firm the right to recover the costs of obtaining such
information.
•
www.mvbalawcom b Pagel of 4
Ill.
The Firm agrees to mail the tax notices required by Sections 33.07, 33,08, and 33.11 of
the Texas Property Tax Code at no charge provided that The County timely furnishes
electronically the delinquent tax information to The Firm.
IV.
The County shall provide Office Space in the County Tax Office to accommodate four(4)
employees of The Firm and system access for The Firm's Ibur (4) computer terminals and a
printer.
V.
The Firm is to advise The County of errors, double assessments or other discrepancies
coming under observation during the progress of the work.
VI.
The Firm is to intervene on behalf of The County in all suits for ad valorem taxes
hereafter filed by any other taxing unit on property located within its boundaries.
VII.
The Firm agrees to make written delinquent tax collection progress reports to
The County quarterly or upon request.
VIII.
An annual goal for results of delinquent collection of the outstanding balance as of
September I for each of the four taxing jurisdictions is established: for Brazos County a
collection goal of fifty percent (50%), City of Bryan a collection goal of fifty percent(50%), City
of College Station a collection goal of fifty percent (50%) and College Station Independent
School District a collection goal of fifty percent (50%). The percentage collection goal shall he
calculated using September 1 Delinquent Balance as compared to the following August 31
Delinquent Balance. The data used will be that shown on the monthly reports of the Brazos
County Tax Office.. If a goal is not met or exceeded, The Finn shall pay a penalty to The
County in the amount of six thousand ($6,000), the City of Bryan in the amount of four
thousand ($4,000), the City of College Station in the amount of two thousand five hundred
($2,500) or to the College Station Independent School District in the amount of nine thousand
($9,000).
v+ww.mvbalaw.com VOL fn• ..Y/2 P 2d/ Page 2 of 4
g.
IX.
The Firm shall be compensated for services rendered under this Contract, a contingent fee
of fifteen percent (15%) of all delinquent taxes, penalty and interest collected.by The County for
itself and all the taxing units for which it collects for years covered by this contract. If the
County does not collect the additional penalty or statutory attorney fees provided for by Sections
33,07, 33.08, 33.11 and 33.48 ofthe Property Tax Code upon the payment of a tax account, the
Finn shall not receive compensation for collecting that tax account. The County shall remit the
compensation due The Firm monthly by check or electronic funds transfer.
X.
The Firm agrees to include with its tax lien foreclosures, upon request, for the Cities of
Bryan and College Station, any other city liens which are assessed against the same properties.
An additional title research fee of twenty-five dollars ($25.00) shall be charged against these
properties to be collected as court costs and paid to The Firm.
Xi.
The Firm agrees to pay in the month of July all the taxes, penalties and interest on those
accounts on Which the total due is one dollar($1.00) or less.
XII. •
Upon the written request of the College Station ISO,the Firm shall prepare in any
necessary appeal of the Property Value Study conducted by the Texas Comptroller of Public
Accounts at no cost to the school district.
XIIi.
The Firm shall and does hereby agree to indemnify and hold harmless The County_ its
officers and employees, from any and all damages, loss, or liability of any kind whatsoever, by
reason of injury'to property or third, persons occasioned by any error, omission or negligent act
of The Firm, its officers, agents, employees, invitees, and other persons for whom.it is legally
liable, with regard to the performance of this Contract, and The Firm will, at its cost and
expense, defend and protect The County against any and all such claims and demands.
\v&.
� 1
www.mvbalaw.com W Pg. 7' Page 3 of
XIV.
This Contract is for an initial period beginning on October 1, 2014 and ending September
30, 2016. After this initial period, this Contract shall automatically renew every two years and
continue in full force and effect thereafter for additional twenty-four (24) month periods on the
same terms and conditions unless either party delivers written notice to the other party of its
intent to terminate this Contract at least thirty (30) days prior to each renewal date of this
Contract. The first renewal date of this Contract is October 1, 2016. Subsequent renewal dates
are the first day of October of every other year thereafter. On termination of this Contraet The
Firm shall have an additional six(6) months after the termination date to reduce to judgment and
sale all tax collection lawsuits filed and collect all bankruptcy claims filed prior to the
termination date, and provided further that The Firm shall prosecute to a final conclusion all
suits in which trial court judgments are obtained during the period of this Contract and which arc
appealed by any party. In consideration of the terms and compensation herdin stated, The Firm
hereby accepts said employment and undertakes the performance of this Contract as above
written.
XV.
The Firm fully incorporates into this contract all terms and conditions presented to
The County in its "Proposal for the Collection of Delinquent Property Taxes."
XVI.
This contract is executed on behalf of The County by the presiding officer of its
governing body who is authorized to execute this instrument by order heretofore passed and duly
recorded in its minutes.
•
&
WITNESS the signatures of all parties hereto in duplicate originals this the r day
of Se 10\reAM be.r , A.D. 2014,Brazos County, Texas.
T E Co NTY,OFB• • ._O ',TEXAS
BY i•
County Judge
McCREARY, VESELKA, BRAGG &ALLEN, P.C.
Attorneys at Law
700 Jeffrey Way, Suite 100
P,O. Box 1269
Round Rock, Texas 78680
800-369-9000
13Y
Shelburne J. Veselka
WAW,mvbalaw.Gom Page 4 of 4
Vel, . Pg. ;03
BRAZOS COUNTY,TEXAS
BUDGET AMENDMENT(S)FOR THE 2017-2018 BUDGET YEAR
NO. 17/18 31.1 —31.2
On this the 8th day of May 2018 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 Derry,Commissioner,Precinct 3
E. Irma Galley, Commissioner,Precinct 4
F.Karen McQueen, County Clerk
The following proceedings were held:
THAT WHFREAS,on 8th day of May 2018 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 andnnforeseen 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 8th day of May 2018.
THE COMMISSIONERS COURT OF BRAZOS COUNTY,TEXAS.
By:
Duane Peters, County Judge
Original: County Clerk's Office and
Attached to the original budget
vol. 7 Pg. �� V
BRAZOS COUNTY,TEXAS
BUDGET AMENDMENTS
No.17/18-31.1
5/8/2018
FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease
General Fund Commissioner's Court Contingency Departmental Support 569.14
General Fund Commissioner's Court Non-Departmental Minor Acquisitions 5,430.86
General Fund County dud= Contractual Services 6,000.00
i I
Commissioner's Court and County Judge
IReallocation of funds to the correct account to cover the cost of the Cision Software Contract for the Public Information Officer.
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FUND DIV ACCT DR/CR ACCOUNT NAME Increase Decrease
0100 11001500 61130000 CR Continoene 569.14
0100 11000500 67050000 CR Appliances 5,430.86
0100 10000100 71025000 DR Contract Services 6,000.00
BRAZOS COUNTY,TEXAS
BUDGET AMENDMENTS
No.17/18-31.2
5/8/2018
FUND DEPARTMENT 1 DIVISION CATEGORY DESCRIPTION Increase Decrease
General Fund Exposition Center 1 Repairs&Maint. 12,600.00
General Fund Exposition Center Contractual Services 8,000.00
General Fund Exposition Center Minor Acquisitions 20,600.00
Exposition Center _
Reallocation of funds to the correct account to cover the cost of the sound system repair due to numerous problems in the Expo Exhibit Hall.
drill s 2/ 3 cse nlYkle "3
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a ; p- ,>tr x nA gm444.1.12 y !Department' ." 6481 ..`'.,�+ar n,4t, 'Date 62114-i1.i> I
Date ." 7�. 5!2/20 8'
4..., htt _ �5 IBX n;
Lg4rn dge Appro4a�! -e f*.i Dates "" '=:di
For&_4e"c&undn121Puipdses.0i8v .r,','r. ..r.:,44144.442hienernaC432 N. 1226, -0,732336:7437 a2431f"-,.0, °'d3,i. F 2e 721:1 ,x8v'kn6�,. :'?.E-/w-'-A.:1XeA.„ de,._-67r,.:t='if..
FUND DIV ACCT DR/CR ACCOUNT NAME Increase Decrease
0100 36000/00 65050000 CR Building Maine. 5,000.00
0100 i 36000100 65320000 CR Equipment-Maine 5,000.00
0100 i 36000100 65400000 CR Grounds Maint. 2600.00
0100 36000100 71030000 CR Employment Services 8,000.00
0100 36000100 67281000 DR Equipment-Electronic 20,600.00
l
VOL a 7______/Z P9. -1.- --L-
--.-
1�L
PERSONNEL 1(0
CHANGE OF STATUS REQUESTS
Commissioner Court Date: May 08, 2018
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 Bull IV, Edward C. Change of Status
District Clerk Jones, Courtney Employment
Nelson, Abbie Employment
Juvenile Services - Detention McCray, Stafon M. Employment
Rogers, Zachary Other
Scroggins, Joseph W. Change of Status
Weed, Franklin E. Employment
Sheriffs Office -Administration Lindley, Doug Change of Status
Sheriffs Office - Detention Miles, An'Tanisha N. Separation
Approved in Commissioners' Court: Ma 0 L
County Judge's or Commissioner's Signature:
(This Copy to be attached to minutes)
t
Visi .-.- 1d Pg- -42.2-2-i
o 2 i