HomeMy WebLinkAbout2018-05-29 10:00 AM REGULAR MEETINGA
BRAZOS COUNTY
BRYAN,TEXAS
NOTICE OF MEETING AND AGENDA
BRAZOS COUNTY COMMISSIONERS COURT
THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET
IN REGULAR SESSION ON MAY 29, 2018 AT 10:00 AM IN THE
COMMISSIONERS COURTROOM OF THE COUNTY
ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVE., SUITE 106,
BRYAN, TX 77803
Invocation and Pledge of Allegiance
- U.S. and Texas Flag - Commissioner Cauley
2. Call for Citizen input and/or concerns
Consider and take action on agenda items 3-19:
3. Proclamation 18-033 declaring May as Elder Abuse Prevention Awareness Month.
4. Resolution 18-007 in support of the Texas Bullet Train.
5. Resolution 18-008 authorizing the grant application for a Regional Solid Waste Grants
Program Grant.
6. Request authorization to wire transfer to the Texas Health and Human Services
Commission funds available and allowed during FY 2018 from institutional health care
providers participating in the UHRIP program. The funds requested are for Uniform
Hospital Rate Increase Program (UHRIP)
7. Payment Authorization to Alleyton Resource Company LLC/Southern Cement Slurry in
the amount of $8,775.00 for cement slurry for Road & Bridge; amount of invoice
exceeded amount of purchase order.
8. Payment Authorization to Galls in the amount of $98.00 for uniform purchases for
Constable Pct. 4; a purchase order was not obtained in advance.
9. Payment authorization to Myers Tire Supply Distribution I nc. in the amount of $25.74 for
tire tools for Fleet; purchase order was closed prior to processing payment.
10. Interlocal Agreement between the City of College Station and Brazos County regarding
Pg.
Vol. __X
3 35
Rock Prairie West.
11. Approval of agreement for Limited Access to Local Control for First Net. This
agreement would give Brazos County first responders the opportunity to take their
personal phones to AT&T at their own expense and be on the First Net network in order
to better serve the community.
12. Approval of amendment to contract # 18-041 Merchant Services with Jet Pay.
13. Award of RFP # 18-094 Pharmaceuticals and approval of resulting contract.
Recommended award to Contract Pharmacy.
14. Award of Bid # 18-121 Hot Mix. Recommended Award:
• Knife River: Items 2, 4, 6, 7 8, 10, 12, 14
• Larry Young Paving: Items 1, 3, 5, 9 , 11
• Brazos Paving Inc. - Item 13 for the City of College Station
15. Expenditure Journal Entries FY 17/18
• 050075-050086
• 060001
16. Tax Refund Applications for the following:
• a. Dinah J Bearden & Daniel E Bearden & Shelby B Smith -Overpayment $42.00
• b. Tracy Davis -Overpayment $34.82
• c. Lucille Anne Collins -Overpayment $7.11
17. Budget Amendments.
Budget Amendments FY 17/18 34.1 - 34.7
18. Personnel Change of Status.
Personnel Action Forms
19. Payment of Claims.
20. Sheriff's report on inmate population.
21. Announcement of interest items and possible future agenda topics.
22. Call for Citizen input and/or concerns
23. Adjourn.
Vol. pg. 2.36
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 will not be tolerated. Violation of these rules may result in the following sanctions:
1, cancellation of a speaker's time;
2. removal from the Commissioners Court;
3. a Contempt Citation; and/or
4. such other and/or criminal sanctions as may be authorized
under the Constitution, Statutes and Codes of the State of Texas.
The County Commissioners Court can deliberate or take action only if a matter has been listed on an agenda properly posted
prior to the meeting. During the public comment period, speakers may address matters not listed on the published agenda. The
Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court. However, responses
from the County Judge or Commissioners to unlisted public comment topics could become deliberation on a matter without
notice to the public. To ensure the public has notice of all matters the Commissioners Court will consider, the County Judge
and/or Commissioners may choose not to respond to public comments, except to correct factual inaccuracies, recite existing
policy in response to an inquiry or to ask that a matter be listed on a future agenda. See Texas Open Meetings Act Section
551.042.
INVOCATION
Any invocation that may be offered before the official start of the Court meeting shall be to and for the benefit of the Court. The
views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Court and do not
necessarily represent the religious beliefs or views of the Court in part or as a whole. 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.
va _ a 93 Pg- 7
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BRAZOS COUNTY
BRYAN,TEXAS
NOTICE OF ADDENDUM
BRAZOS COUNTY COMMISSIONERS COURT
iil� CJ;iY 2S D17
I U
In addition to the Regular Meeting, the Commissioners Court will consider and take
action on the following item(s):
MEETING May 29, 2018
DATE:
MEETING 10:00 AM
TIME:
MEETING Commissioners Courtroom of the County Administration Building,
PLACE: 200 S. Texas Ave., Suite 106, Bryan, Texas
1. Convene into Executive Session pursuant to Texas Government code 551.074 to
discuss the appointment, employment, evaluation, reassignment, duties, discipline, or
dismissal of the positions of Risk Manager and Human Resources Director.
2. Consider and possible action on Executive Session.
The Commissioners Courtroom of the County Administration Building, 200 S. Texas Ave., Suite 106, Bryan, Texas is
wheelchair accessible. Flandicap parking spaces are available. Any request for sign interpretive services must be
made two working days before the meeting. To make arrangements, please call (979) 361-4102.
Vol. Pg .23�
MINUTES
MAY 29, 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 29, 2018 with the following members of the Court present:
Duane Peters, County Judge, Presiding;
Steve Aldrich, Commissioner of Precinct 1;
Sammy Catalena, Commissioner of Precinct 2;
Nancy Berry, Commissioner of Precinct 3;
Irma Cauley, Commissioner of Precinct 4,
Karen McQueen, County Clerk.
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 Cauley
2. Call for Citizen input and/or concerns
College Station resident Marie Wolfe thanked the Court for completing the Mesa Verde
to Highway 6 extension. Ms. Wolfe also addressed future safety concerns for the
Nantucket roadways and requested that a traffic study be completed. Mrs. Wolfe
submitted documents for the Court record and a copy is included in these minutes.
Commissioner Sammy Catalena presented the Becky Sirman Award to Brazos County
Collections Director Tanya Skinner. The Court thanked Mrs. Skinner for her outstanding
service to Brazos County.
Vol. P6• Z�_
Consider and take action on agenda items 3-19:
3. Proclamation 18-033 declaring May as Elder Abuse Prevention Awareness Month.
The County Judge read aloud Proclamation 18-033 declaring May as Elder Abuse
Prevention Month and urges all citizens to work together to help reduce abuse and
neglect of people who are elderly or have disabilities. The County Judge then presented
the proclamation to Tiffany Woodard with Adult Protection Services. A copy of the
proclamation is attached.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters.
4. Resolution 18-007 in support of the Texas Bullet Train.
Commissioner Catalena stated that it is hard for him to vote in support of the bullet train.
He said that everyday someone is coming through rural areas wanting part of your
property. Commissioner Catalena said since the train is not coming through Brazos
County he feels that Brazos County does not have a dog in the hunt, so they should not
be making a determination.
Commissioner Cauley said she disagrees and said we do have a dog in the hunt. She
said it will provide economic development and more options for travel. Commissioner
Cauley stated that property is not being" taken", it is her understanding that property
owners are being paid handsomely. She urged Court members to read up on this.
Commissioner Cauley commented that she believes this is a great service that is being
provided to us not only state wide but also nationally.
Commissioner Catalena stated that Commissioner Cauley does not own property in
Grimes County and she might feel differently if she did. Compensation does not matter
when the property has been in your family for several generations or you have worked
hard for the property.
Commissioner Cauley said that Commissioner Catalena is right, she does not own
property in Grimes County, but she believes the benefits outweigh the disadvantages.
She said no one suffers.
Commissioner Catalena completely disagrees and said that the property owners will
suffer.
Commissioner Berry stated that properties will be elevated and livestock will not be
affected. She also stated that the train will make it easier for people to commute to
Texas A&M University and the RELLIS Campus from Houston.
Commissioner Catalena commented that he did not think many students would use the
train.
Commissioner Cauley added that this is for the future and what is best for Texas.
Commissioner Catalena stated that he is not against progressing but would like to know
how it will be built and paid for.
Commissioner Aldrich said he has been an advocate of the High Speed Rail in Texas
for decades. He believes this is what is best for Brazos County and Texas.
After discussions ended the motion to adopt Resolution 18-007 supporting the Texas
Bullet Train passed with four (4) votes in favor and one (1) vote against. A copy of the
resolution is attached.
Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner
Steve Aldrich. Passed. 4-1. Ayes: Aldrich, Berry, Cauley, Peters. Nays: Catalena.
5. Resolution 18-008 authorizing the grant application for a Regional Solid Waste Grants
Program Grant.
The Court voted unanimously to adopt Resolution 18-008 authorizing submission of a
grant application for Regional Solid Waste Grants Program Grant. A copy of the
resolution is attached.
Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner
Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters.
6. Request authorization to wire transfer to the Texas Health and Human Services
Commission funds available and allowed during FY 2018 from institutional health care
providers participating in the UHRIP program. The funds requested are for Uniform
Hospital Rate Increase Program (UHRIP)
Budget Officer Irene Jett stated that the amount of the wire transfer is $2,688,504.35
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters.
After considering agenda items 7 through 19, the County Judge returned to item 6.
At this point Irene Jett stated she gave the incorrect amount of the wire transfer earlier
and the correct amount is $2,688,540.35.
Commissioner Berry offered a motion to amend the amount of the wire transfer. The
motion was seconded by Commissioner Cauley and passed unanimously.
The Court then returned to Item 20 of the agenda.
Motion: Approve w/ Conditions, Moved by Commissioner Nancy Berry, Seconded by
Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley,
Peters.
Vol.
Payment Authorization to Alleyton Resource Company LLC/Southern Cement Slurry in
the amount of $8,775.00 for cement slurry for Road & Bridge; amount of invoice
exceeded amount of purchase order.
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley,
Peters.
8. Payment Authorization to Galls in the amount of $98.00 for uniform purchases for
Constable Pct. 4; a purchase order was not obtained in advance.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters.
9. Payment authorization to Myers Tire Supply Distribution Inc. in the amount of $25.74 for
tire tools for Fleet; purchase order was closed prior to processing payment.
Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner
Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters.
10. Interlocal Agreement between the City of College Station and Brazos County regarding
Rock Prairie West.
Commissioner Aldrich thanked the Judge and Court for their involvement and support.
He said this will help when the new elementary school opens. A copy of the agreement
is attached.
Motion: Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner
Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters.
11. Approval of agreement for Limited Access to Local Control for First Net. This
agreement would give Brazos County first responders the opportunity to take their
personal phones to AT&T at their own expense and be on the First Net network in order
to better serve the community.
A copy of the agreement is attached.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters.
12. Approval of amendment to contract # 18-041 Merchant Services with Jet Pay.
A copy of the amended contract is attached.
Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner
Vol. _ %? Pg. 4--2^
Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters.
13. Award of RFP # 18-094 Pharmaceuticals and approval of resulting contract.
Recommended award to Contract Pharmacy.
A copy of the contract is attached.
Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner
Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters.
14. Award of Bid # 18-121 Hot Mix. Recommended Award:
• Knife River: Items 2, 4, 6, 7 8, 10, 12, 14
• Larry Young Paving: Items 1, 3, 5, 9 , 11
• Brazos Paving Inc. - Item 13 for the City of College Station
The Court voted unanimously to accept the recommendation of the Purchasing Agent
and awarded Bid 18-121 Hot Mix as stated above. A copy of the bid tabulation is
attached.
Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner
Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters.
15. Expenditure Journal Entries FY 17/18
• 050075-050086
• 060001
A copy is attached.
Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner
Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters.
16. Tax Refund Applications for the following:
• a. Dinah J Bearden & Daniel E Bearden & Shelby B Smith -Overpayment $42.00
• b. Tracy Davis -Overpayment $34.82
• c. Lucille Anne Collins -Overpayment $7.11
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters.
17. Budget Amendments.
Budget Amendments FY 17/18 34.1 - 34.7
34.1 Transfer funds from Information Technology to Sheriff's Office - Administration;
Sheriff's Office - CSISD School Security; Constable, Precinct 1; Constable, Precinct
2 ; Constable, Precinct 3; Constable, Precinct 4; Community Supervision Support;
County Attorney; District Attorney and Emergency Management.
FV01.
P �3
34.2 Reallocate funds for the Brazos Center.
34.3 Transfer funds from Contingency Fund to Election Administration - Primary
Election Services.
34.4 Reallocate funds for Election Administration - Voter Registration.
34.5 Transfer funds from Non -Departmental to Road and Bridge.
34.6 Reallocate funds for the Exposition Complex.
34.7 Transfer funds from Non -Departmental to Information Technology.
Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner
Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters.
18. 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
Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters.
19. Payment of Claims.
Claims 8004194-8004405
At this point the County Judge said the Court would return to Item 6 for a correction.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters.
20. Sheriff's report on inmate population.
Sheriff Chris Kirk stated there were 630 inmates in jail, 531 inmates are male and 99 are
female, 39 have electronic monitors and 10 are pending for monitors. Commissioner
Berry asked Sheriff Kirk if it is typical for the number to creep back up at this time of the
year. Sheriff Kirk answered yes this is typical for this time of the year.
21. Announcement of interest items and possible future agenda topics.
There were no announcements.
22. Call for Citizen input and/or concerns
There was no citizen's input.
ADDENDUM
At 10:39 a.m. the County Judge stated that the Court would convene into Executive
Session to deliberate pursuant to Texas Government Code 551.074 to discuss the
appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of
the positions of Risk Manager and Human Resources Director.
Vol. -� %5 Pg. � e14
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
At 11:00 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.
23. Adjourn.
FVO-I
%3fig.
The foregoing minutes of the Commissioners Court meeting held May 29, 2018 have
been examined and are approved in open Court this IP: day of June 2018, in Bryan,
Brazos County, Texas.
Duane Peters
County Judge
Irma Cauley
Commissioner, Precinct
Attest:
_�GGG���
Steve Aldrich
Commissioner, Precinct 1
Nancy Berry
Commissioner, Precinct 3
"'a(- Qom.. Am��
Karen McQueen
County Clerk
vol. 73 p9
Pg l of Ji
BRAZOS COUNTY
COMMISSIONER'S COURT
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BRAZOSCOUNTY
COMMISSIONER'S COURT
(PLEASE PRINT)
Organization
(PLEASE PRINT)
vol.
Commissioners Court— May 29`h, 2018
Marie E. Wolfe
4576 Sandpiper Cove
College Station, TX 77845
Good morning Judge Peters and Commissioners
I'm here today for 2 reasons.
First, I'd like to personally thank the County for completing the Mesa Verde
Extension to Hwy 6. A number of Nantucket residents came before this Court to
request assistance in stopping our unsafe cut-thru traffic from Indian Lakes. By
the completion of Mesa Verde, Indian Lakes no longer has a need to cut thru
Nantucket. We can't begin to thank the County enough for that roadway.
Secondly,
Future Nantucket Roadway Safety concerns on a number of our neighborhood
streets once the Margraves Ranch future minor collector and development is built
We are trying to get ahead of this problem so there will be options of how to fix
the problem if/when it happens. Naturally, we will be happy "if" it doesn't
become a problem, but if the traffic counts aren't taken now — how will the
County or Nantucket know there is an issue and how/where to fix it?
Background history:
As some of you know, a small group of Nantucket residents started in 2015 to
focus on Nantucket specific roadway safety issues. At that time our biggest issue
was Indian Lakes cut-thru traffic. That issue is fixed since Indian Lakes now has a
direct route to Hwy 6 via Mesa Verde and no longer needs us.
Back in 2003, the Nantucket neighborhood worked long and hard with the City to
move a future minor collector 1500 foot North on Arrington instead of aligned
with Harpers Ferry because of the concern for cut-thru traffic.
Then in October 2017, the County decided to move that same future City minor
collector back and align it with Harpers Ferry without any neighborhood input.
Vol. 73 Pg. �2s
The County presented a Traffic Demand Model (TDM) that only addressed City
labeled minor collectors (South Oaks, Nantucket Drive, and Harpers Ferry). By not
including Misty Lane, Sandpiper Cove and Barnstable Harbor it wasn't a complete
study of the impacts to Nantucket neighborhood.
On February 27th, 2018 the County held a public meeting to present and discuss
Arrington Road Reconstruction Plans to the neighborhoods. At this meeting the
need for traffic counts was discussed, documented in a February 28`h email and
confirmed by the County in a March 1" email saying "We will carry out these
traffic count requests at the timelines and locations mentioned above."
Item 43 of the traffic counts listed was 4574 and 4590 Sandpiper Cove. It was
two locations because you can go 2 ways to get to Harpers Ferry from the
Sandpiper Cove/Misty Lane intersection. A traffic count was done at 4590
Sandpiper Cove as promised. For a better understanding of the street layouts, a
Nantucket Map will be included in the package for the record.
For complete transparency, the package for the record will have emails that show
what was asked for and committed to and emails from the County Attorney's
office and Judge Peters.
Since we have been told that the buck stops with the Commissions Court, we
appreciated your time and consideration to the following:
As residents of Brazos County, Precinct 1, we are here to request that the
promised traffic study at 4574 Sandpiper Cove be completed.
If not that, then supply us with a complete explanation as to how the County has
all it needs to guarantee a baseline on all potentially impacted streets (Misty
Lane, Sandpiper Cove and Barnstable Harbor) for future discussions on roadway
safety issues.
Thank You for your time and consideration. We look forward to hearing from the
Court.
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Proclamation
Elder Abuse Prevention Awareness Month
WHEREAS people who are elderly or have disabilities have contributed to the general welfare of Brazos County
by helping to preserve customs, convictions, and traditions of many people from diverse backgrounds;
and
WHEREAS these residents are vital and integral members of our society and their wisdom and experience have
enriched our lives; and
WHEREAS abuse of the elderly and people with disabilities in domestic and institutional settings is a wide -spread
problem, affecting hundreds of thousands of people across the country; and
WHEREAS Texas APS In -Home Caseworkers in Brazos County have investigated 504 intakes of which 363 cases
of Abuse, Neglect and/or Exploitation were confirmed against our elderly Texans or those with
disabilities in 2017;
WHEREAS elder abuse is grossly underreported because the elderly who are being abused find it very difficult to tell
anyone and are usually ashamed and sometimes afraid; and
WHEREAS elder abuse happens to men and women of all income levels, all cultural and ethnic groups, whether
they are in good health or incapacitated in some way, in poor neighborhoods and in suburbia; and
WHEREAS many of the cases investigated by Adult Protective Services in Texas involve self-neglect and it is our
duty as citizens to reach out to people in need;
NOW, THEREFORE, BE IT PROCLAIMED that the Brazos County Commissioners Court does hereby proclaim the
month of May 2018 to be Elder Abuse Prevention Month in Brazos County and urge all citizens to work together to help
reduce abuse and neglect of people who are elderly or have disabilities.
PROCLAIMED this 29" of May 29,
Commissioner Steve Aldrich
Precinct 1
i
Commi oner Nancy Berry
Precinct 3
Duane Petersa
County Judge
CuarfnissioncrXammv Catalena
Precinct 4
Vol. Pg. a2 s/
18-033
3
Resolution
In Support of the Texas Bullet Train
WHEREAS 'rhe Commissioners Court recognizes that a strong transportation system is fundamental to the
quality of life and economic growth of Texas, attracting new business and generating jobs; and
WHEREAS Strong economic growth and increased populations are projected in Brazos County, llouston, and
North Texas over the next 20 years, and the existing and planned highway capacity will be
inadequate to address the increasing traffic congestion and travel times between these regions; and
WHEREAS The Texas Bullet Train project is investor-owned and is being developed by a Texan -led, Texas-
based company employing a market -led approach — not using taxpayer grants or operating.
subsidies and not competing for limited local or state transportation dollars; and
WHEREAS The Texas Bullet Train will better connect Texas A&M's students and professors to Texas' two
largest metro regions; make access to Texas A&M's world-class education, conferences, athletic
events, and alumni events easier; and better connect Texas A&M's flagship campus to its other
academic institutions in Houston and North Texas; and
WHEREAS The Texas Bullet 'Train will be constructed as an elevated rail system that will allow the directly
impacted landowners to continue to use their property with a minimum amount of interference
and impact; and
WHEREAS The Texas Bullet Train will give Brazos County residents and students a travel option other than
increasingly congested and dangerous highways by deploying the world's safest and most reliable
high-speed train technology -the N700 total bullet system, which boasts a flawless 53 -year safety
history in Japan and transports millions of passengers each year with less than a minute delay
annually; and
WHEREAS The Texas Bullet Train's agreements with Amtrak for joint ticketing and other services will
provide Brazos county residents access to destinations across the country via Amtrak's national
train network; and
WHEREAS The project is projected to generate a direct impact of $36 billion to the Texas economy and pay
an estimated $2.5 billion in taxes over the next 25 years; and create 10,000 full-time construction
jobs each year during the project's peak construction period and 1,500 full-time jobs after the
system goes into service.
NOW. THEREFORE, BELTRESOLVED that the Brazos County Commissioners Court is pleased to support
the first investor-owned, high-speed passenger train system in the United States, which will provide a fast, safe,
and reliable travel alternative, help build the Texas economy, and prepare Texas for generations of future
growth.
DULY PASSED AND ADOPTED this 29'" day of May, 2018 in Bryan, Brazos County, Texas.
Duane Peters
County Judge
O��ose�(.
Commissioner Steve Aldrich Commissloner Satnmy Cataluna
Precinct 1
Commis one, Nancy Berry Com er a auley
Precinct 3 Preci ct 4
18-007
I
_.J
RESOLUTION OF BRAZOS COUNTY, TEXAS*
RESOLUTION OF BRAZOS COUNTY AUTHORIZING THE FILING OF A GRANT APPLICATION
WITH BRAZOS VALLEY COUNCIL OF GOVERNMENTS FOR A REGIONAL SOLID WASTE
GRANTS PROGRAM GRANT; AUTHORIZING IRMA CAULEY BRAZOS COUNTY
COMMISSIONER PRECINCT 4, TO ACT ON BEHALF OF BRAZOS COUNTY IN ALL MATTERS
RELATED TO THE APPLICATION; AND PLEDGING THAT IF A GRANT IS RECEIVED BRAZOS
COUNTY WILL COMPLY WITH THE GRANT REQUIREMENTS OF THE BRAZOS VALLEY
COUNCIL OF GOVERNMENTS, THE TEXAS COMMISSION ON ENVIRONMENTAL QUALTY, AND
THE STATE OF TEXAS.
WHEREAS, the Brazos Valley Council of Governments is directed by the Texas Commission on Environmental
Quality to administer solid waste grants funds for implementation of the Council of Government's adopted regional
solid waste management plan; and
WHEREAS, Brazos County in the State of Texas is qualified to apply for grant funds under the Request for
Applications.
NOW, THEREFORE, BE IT RESOLVED BY BRAZOS COUNTY IN BRYAN, TEXAS:
1. That Irma Cauley, Brazos County Commissioner Pct. 4, is authorized to request grant funding under
the Brazos Valley Council of Governments Request for Application of the Regional Solid Waste
Grants Program and act on behalf of Brazos County in all matter related to the grant application and
any subsequent grant contract and grant project that may result.
2. That if the project is funded, Brazos County will comply with the grant requirements of the Brazos
Valley Council of Governments, Texas Commission on Environmental Quality, and the State of
Texas.
3. The grants funds and any grant -funded equipment or facilities will be used only for the purposes for
which they are intended under the grant.
4. That activities will comply with and support the adopted regional and local solid waste management
plans adopted for the geographical area in which the activities are performed.
APPROVED THIS —21— DAY OF 2018, BY THE COMMISSIONERS COURT OF BRAZOS
COUNTY, TEXAS. r----, U
Duane Peters
County Judge
Commissioner Steve Aldrich ommissi er mmy Catalena
Precinct 1 eci
CommissCbner Nancy Berry V Commissioner Ir uley
Precinct 3 Precin 4
This instrument was acknowledged before me on calDay of 2018 by
the Brazos County Commissioners Court.
p�+7,:e+"bo 141?TIIAIJY I',C'FaPROM _
:I . Notary Public y,
�" Nota Public's Signature
.viE a, i<'��' ,41y C'mnm. l{xp. ORI09/'_'1110
Vol.�3 pg. �2 f3-1
THE STATE OF TEXAS §
COUNTY OF BRAZOS §
INTERLOCAL AGREEMENT BETWEEN
THE CITY OF COLLEGE STATION
AND BRAZOS COUNTY
THIS INTERLOCAL AGREEMENT ("Agreement'') is hereby made and entered into by
and between the CITY OF COLLEGE STATION, TEXAS, a Texas Home Rule Municipal
Corporation ("College Station"), and BRAZOS COUNTY, TEXAS (`County"), a political
subdivision of the State of Texas, each acting by and through its duly authorized agents
(referred to collectively as the "Parties").
WHEREAS, Chapter 791 of the Texas Government Code, also known as the Interlocal
Cooperation Act, authorizes all local governments to contract with each other to provide a
governmental function or service that each party to the contract is authorized to perform
individually and in which the contracting parties are mutually interested; and
WHEREAS, College Station and the County both independently operate and maintain
roadway segments in Brazos County along Rock Prairie Road West between FM 2154 and Holleman
Drive South (the "Property") as shown on Exhibit A, attached hereto and incorporated herein for all
purposes; and
WHEREAS, College Station desires to design and construct roadway, drainage and
pedestrian improvements within rights-of-way on the Property as permitted by the County; and
WHEREAS. County desires to provide needed roadway„ drainage, and pedestrian
improvements within rights-of-way on the Property as a part of College Station's project, which
improvements are identified in the Engineer's estimate attached hereto and incorporated herein
for all purposes as Exhibit B-1 (College Station) and Exhibit B-2 (Brazos County); and
WHEREAS, the Parties desire to cooperate by including the roadway, drainage, and
pedestrian improvements within rights-of-way on the Property as a part of College Station's
project in exchange for the County participating in the portion of the design and construction costs
related to said improvements.
NOW, THEREFORE IN CONSIDERATION of the recitals and mutual covenants made herein
by the Parties hereby mutually agree as follows:
ARTICLE I
ENGINEERING DESIGN SERVICES
1.1 College Station shall be responsible for administering the design contract with their
consultant for engineering design services related to the construction of roadway,
drainage, and pedestrian improvements on the Property. County will review and approve
plans prepared by the City's design consultant related to the County's portion of the
project and will acquire any easements needed for the County's portion of the project.
Vol. �3 Pg. as
1 2 College Station will pay the consultant's fee within thirty (30) days of satisfactory
performance and invoicing. County will reimburse College Station, within thirty (30) days
of receiving a copy of a paid invoice from College Station, for the portion of the fee related
to the County's portion of the project.
ARTICLE II
CONSTRUCTION PROJECT
2.1 College Station agrees to put out a request for bids, or other process allowed by state
law, for construction services from a qualified contractor to provide for the construction
of both the College Station and County portion of the project. College Station agrees to
base its contract on designs provided by the design consultant and approved by the County,
as applicable.
2.2 College Station agrees to provide project management, inspection, and accounting services
for the project, and that the construction of the project shall be governed by the plans and
specifications prepared by the City of College Station.
2.3 College Station shall submit an invoice (or copies of invoices) reflecting amounts paid
by the City for the County's portion of the project. Within thirty (30) days of receiving
such invoice(s), County will pay lump sum equal to the amount paid by the City,
not to exceed 51,200,000.00 for design and construction of the County's portion of the
project.
2.4 Following the City's acceptance of the County's portion of the project, College Station shall
maintain the roadway, drainage, and pedestrian improvements in perpetuity at no additional
cost to Brazos County.
ARTICLE 111
MISCELLANEOUS TERMS
3.1 Interlocal Cooperation Act. The Parties expressly acknowledge that each Party to this
Agreement is a local government as that term is defined in the Interlocal Cooperation Act.
Nothing in this Agreement will be construed as a waiver or relinquishment by either Party
of its right to claim such exemptions, privileges, and immunities as may be provided by
the Constitution and the Laws of the State of -Texas.
3.2 Amendment. The terns and conditions of this Agreement may be amended upon mutual
consent of all Parties. Mutual consent will be demonstrated by approval of each governing
body of each Party hereto. No amendment to this Agreement shall be effective and binding
unless and until it is reduced to writing, duly approved and signed by the authorized
representatives of both Parties.
3.3 Termination. This Agreement may be terminated for cause upon sixty (60) days advance
written notice by either Party after providing written notice and giving the other Party an
opportunity to cure any alleged breach.
3.4 Public Information Coordination. Public disclosure of information and related activities
Vol. '�3 Pg. 5��
conducted under this Agreement may be required pursuant to the Freedom of Information
Act and the Texas Public Information Act and College Station will be the primary
responder for such requests.
3.5 Hold Harmless. To the extent permitted by the Constitution and the laws of the State
of Texas and subject to the limitations as to liability and damages in the Texas Tort
Claims Act and without waiving its governmental immunity, each party agrees to
hold harmless each other, its governing board, officers, agents and employees for any
liability, loss, damages, claims or causes of action caused or asserted to have been
caused directly or indirectly by any other party to this Agreement or any of its
officers, agents or employees, or as the result of its performance under this
Agreement.
3.6 Invalidity. If any provision of this Agreement shall be held invalid, illegal, or
unenforceable by a court or other tribunal of competent jurisdiction, the validity, legality
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 provision or
provisions of the Agreement with Icgal terms and conditions approximating the original
intent of the Parties.
3.7 Notice. Any official notices by one Party to another must be in writing and be personally
delivered or sent by registered or certified United States Mail, properly addressed to the
respective Parties as stated below. Any other day to day communication by the Parties'
staff may be by any other means of sufficient communication.
City of College Station
P.O. Box 9960
College Station, Texas 77842
Attn: City Manager
Brazos County
200 S. Texas Ave. Suite 332
Bryan, Texas 77803
Attn: County Judge
3.8 Entire Agreement. This Agreement contains the entire agreement between the parties and
supersedes any and all prior agreements, arrangements, or understandings between the
Parties relating to the subject matter of this Agreement. No oral understandings,
statements, promises, or inducements contrary to the terms of this agreement exist. This
Agreement cannot be changed or terminated orally. No verbal agreement or conversation
with any officer, agent, or employee of any Party before or after the execution of this
Agreement shall affect or modify any of the teens or obligations hereunder. Any items
not covered in this Agreement are subject to the conditions and standards of the approved
permit.
3.9 Venue and Choice of Law. This Agreement has been made under and shall be governed
by the laws of the State of Texas. Performance and all matters related thereto shall be in
Brazos County, Texas, United States of America and venue shall be in any court having
jurisdiction in said county.
3.10 Authority to Contract. Each Party has the full power and authority to enter into and
perform this Agreement and the person signing this agreement on behalf of each Party has
been properly authorized and empowered to enter into this Agreement. The persons
executing this agreement hereby represent that they have authorization to sign on behalf of
Vol, _' Y-> Pg. -43—Z
their respective governmental bodies.
3.11 Waiver. Failure of any Party, at any time, to enforce the provision of this
Agreement, shall in no way constitute a waiver of that provision, nor in any
way affect the validity of this agreement, any part hereof, or the right of either
Party thereafter 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 Party 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.
3.12 Multiple Originals. It is understood and agreed that this Agreement may be
executed in a number of identical counterparts, each of which shall be deemed
an original for all purposes.
NOW THEREFORE, this Agreement is made and entered into by and between the
City of Bryan and Brazos County. This Agreement shall be effective when signed
by the last party signing which makes the Agreement fully executed.
CITY OF COLLEGE STATION BRAZ CO
By: By: -S�- L7 L,
arl coney, 7 yor Duane Peters, ounty udge
Date:
ATTEST:
vi2 (�--
v Smi , City ecretary
APPROVED AS TO FORM
11�r 'd
Carta Robinson, City Attorney
Date: 5 � l tg
ATTEST:
C Q
aren McQueen, County Clerk
AS
Bruce'5rratt, Chief, Civil Division
Brazos County Attorney's Office
r Vol, 3 '9. 4-_�
G:\155111_Rock_Pralrie_Rd_Rehab\2.03_Est&Quant\County Portion including Holleman and Design Fees
EXHIBIT A
EXHIBIT B-1
City of College Station Portion
Rock Prairie Road West Widening Project
90% Opinion of Probable Construction Costs
Sub Total $11,041.00
Storm Drain
uantit
Unit Cost
Item Cost
Roadway, Earthwork & Pavement
6" PVC with fittings
48 IF
Excavation of roadway, stockpile off-site
13839 CY
$10.00
$138,390.00
Embankment
3460 CY
$15.00
$51,900.00
10" Jointed Concrete Pavement (major collector)
20682 SY
$55.00
$1,137,510.00
Mix and Cemically Stabilize 8" Thickness Subgrade in-place with Lime or
551 LF
$85.00
Cement Treatment
22777 SY
$7.50
$170,830.00
Intersection High Early Strength Concrete
606 SY
$72.00
$43,640.00
Concrete Monolithic Curb
7886 LF
$3.80
$29,970.00
3" Thick Asphalt & 10" flexible base for transitions
564 SY
$52.00
$29,330.00
Curb & Gutter
569 LF
$20.00
$11,380.00
Install concrete driveways
742 SY
$42.00
$31,170.00
Sub Total
$1,644,120.00
Sidewalks
6" Concrete Sidewalk
5454 SY
$50.00
$272,700.00
Concrete Sidewalks (Special) (Type A)
86 SY
$114.00
$9,810.00
8' ADA Ramps
6 EA
$1,300.00
$7,800.00
10' ADA Ramps
9 EA
$1,600.00
$14,400.00
Pedestrian Guardrail
36 LF
$125.00
$4,500.00
Concrete Mono Nose
15 SY
$35.00
$530.00
Stamped Colored Concrete Median/Sidewalk
832 SY
$30.00
$24,960.00
Raised Grass Median
56 SY
$15.00
$840.00
Sub Total
$335,540.00
Removals
Remove & Haul Off -Site Asphalt Pavement
11599 SY
$5.00
$57,995.00
Remove Concrete Pavement
1213 SY
$14.00
$16,982.00
Remove Gravel Driveways
277 SY
$8.00
$2,216.00
Remove Sidewalk
412 SY
$3.00
$1,236.00
Remove Concrete Riprap & Headwall
52 SY
$22.00
$1,144.00
Remove Concrete Flume
2 SY
$14.00
$28.00
Remove Concrete Curb & Gutter
548 IF
$7.00
$3,835.00
Remove Structure (SET)
25 EA
$200.00
$5,000.00
Remove Culvert
1155 LF
$25.00
$28,875.00
Remove Raised Medians
588 SY
$14.00
$8,232.00
Remove and Relocate Mailbox
4 EA
$150.Oo
$600.00
Remove misc. signs, mail boxes, posts and conc. foundations
17 EA
$100.00
$1,700.00
Remove Trees
6 EA
$500.00
$3,000.00
Remove Light Pole
1 EA
$600.00
$600.00
Remove and Replace Wood Fence
33 LF
$30.00
$990.00
Remove Existing Signal
1 LS
$7,500.00
$7,500.00
Sub Total
$139,934.00
TCP
TCP
12 MO
$4,830.00
$57,960.00
Sub Total
$57,960.00
SW3P & Erosion Control
SW3P & Sediment Control Features
12 MO
$828.00
$9,940.00
Sediment Control Fencing (silt fence)
367 LF
$3.00
$1,101.00
Sub Total $11,041.00
Storm Drain
6" PVC with fittings
48 IF
$85.00
$4,080.00
18" RCP, CL III
429 LF
$80.00
$34,320.00
18" RCP, CL IV, Tongue and Groove
420 LF
$89.00
$37,380.00
24" RCP, CL III
551 LF
$85.00
$46,840.00
5/18/2017
G:\155111_Rock_Prairie_Rd_Rehab\2.03_Est&Quant\90% Rock Prairiest
of Probable Construction Costs
(Vol.=
-----
City of College Station Portion
Rock Prairie Road West Widening Project
90% Opinion of Probable Construction Costs
Sub Total $429,580.00
Drainage Structures
1-5' x 2' x 58' RCB (Type IV -Traffic Rated)
Quantity
Unit Cost
Item Cost
3' x 2' RCB
1516 LF
$130.00
$197,080.00
5' Curb Inlet Box Assemblies w/extensions, all sizes and depths
13 EA
$5,000.00
$65,000.00
10' Full Depth Curb Inlet
2 EA
$5,500.00
$11,000.00
5' Curb Inlet Box Assembly w/6" open back
1 EA
$3,500.00
$3,500.00
3' x 3' Junction Box
1 EA
$3,000.00
$3,000.00
5' x 5' Junction Box
1 EA
$5,500.00
$5,500.00
5' x 5' Junction Box w/6" open back
1 EA
$6,000.00
$6,000.00
3'x3' Grate Inlet
1 EA
$3,000.00
$3,000.00
Sidewalk Trench Grate
4 EA
$2,000.00
$8,000.00
Concrete Riprap (Apron)
5 CY
$375.00
$1,880.00
Concrete Flume
8 CY
$375.00
$3,000.00
Sub Total $429,580.00
Drainage Structures
1-5' x 2' x 58' RCB (Type IV -Traffic Rated)
58 LF
$300.00
$17,400.00
Safety End Treatment - 18" - 6:1
6 EA
$1,000.00
$6,000.00
Headwall/Wingwall Assembly (PW -1) (HW=S FT)
1 EA
$7,500.00
$7,500.00
Stone Riprap w/grout
11 CY
$125.00
$1,375.00
Sub Total
$32,275.00
Seeding & Mulch
Hydro Mulch w/ 4" Topsoil
7121 SY
$3.00
$21,370.00
Block Sodding W/ 4"Topsoil
1767 SY
$8.00
$14,140.00
Sub Total
$35,510.00
Signing, Striping & Illumination
Signing and Striping
1 LS
$34,500.00
$34,500.00
Illumination Assemblies
12 EA
$6,800.00
$81,600.00
Street Light Controller
2 EA
$2,100.00
$4,200.00
2" Conduit PVC SCH 40 - Trench
2752 LF
$8.00
$22,020.00
2" Conduit PVC SCH 40 - Bore
259 LF
$18.00
$4,670.00
Railroad Crossing Signal Arm Upgrades
1 LS
$275,000.00
$275,000.00
Railroad Crossing Upgrades
1 LS
$100,000.00
$100,000.00
Sub Total
$521,990.00
Signalization
Traffic Signal Assembly at Rock Prairie Road & FM 2154
1 LS
$324,200.00
$324,200.00
Sub Total
$324,200.00
Mobilization
Mobilization - 8%
1 LS
$282,580.00
Subtotal
Contingency - 20%
Total
20 %
$3,814,730.00
$762,950.00
$4,577,680.00
5/18/2017
G:\155111_ Rock_ Prairie_ Rd Rehab\2.03 of Probable Construction Costs
EXHIBIT B-2
7
Brazos County Portion
Rock Prairie Road West and Holleman Drive Widening Project
90% Opinion of Probable Construction Costs for Rock Prairie
Sub Total $106,040.00
Removals
Quantity
Unit Cost
Item Cost
Roadway, Earthwork & Pavement
5567 SY
$5.00
$27,835.00
Excavation of roadway, stockpile off-site
6161 CY
$10.00
$61,610.00
Embankment
1540 CY
$15.00
$23,100.00
10" Jointed Concrete Pavement (major collector)
8060 SY
$55.00
$443,300.00
Mix and Chemically Stabilize 8" Thickness Subgrade in-place with Lime or
9 EA
$200.00
$1,800.00
Cement Treatment
8656 SY
$7.50
$64,920.00
Intersection High Early Strength Concrete
729 SY
$72.00
$52,490.00
Concrete Monolithic Curb
2844 LF
$3.80
$10,810.00
3" Thick Asphalt & 10" flexible base for transitions
182 SY
$52.00
$9,470.00
Curb & Gutter
120 LF
$20.00
$2,400.00
Remove Temporary Pavement Markings
1 LS
Sub Total
$668,100.00
Sidewalks
Sub Total
$54,432.00
6" Concrete Sidewalk
1811 SY
$50.00
$90,550.00
Pedestrian Guardrail
100 LF
$125.00
$12,500.00
Concrete Mono Nose
4 SY
$35.00
$140.00
Stamped Colored Concrete Median
95 SY
$30.00
$2,850.00
Sub Total $106,040.00
Removals
Remove & Haul Off -Site Asphalt Pavement
5567 SY
$5.00
$27,835.00
Remove Concrete RipRap and Headwall
32 SY
$14.00
$448.00
Remove Concrete Flume
7 SY
$14.00
$98.00
Remove Concrete Curb & Gutter
493 LF
$7.00
$3,451.00
Remove Structure (SET)
9 EA
$200.00
$1,800.00
Remove Inlets
2 EA
$1,750.00
$3,500.00
Remove Culvert
387 LF
$25.00
$9,675.00
Remove misc. signs, mail boxes, posts and conc. foundations
7 EA
$100.00
$700.00
Remove storm sewer pipe
77 LF
$25.00
$1,925.00
Remove Trees
7 EA
$500.00
$3,500.00
Remove Temporary Pavement Markings
1 LS
$1,500.00
$1,500.00
Sub Total
$54,432.00
TCP
TCP
12 MO
$2,170.00
$26,040.00
Sub Total
$26,040.00
SW3P & Erosion Control
SW3P & Sediment Control Features
12 MO
$372.00
$4,470.00
Sediment Control Fencing (silt fence)
562 LF
$3.00
$1,686.00
Sub Total
$6,156.00
Storm Drain
18" RCP, CL III
68 LF
$80.00
$5,440.00
24" RCP, CL III
661 LF
$85.00
$56,190.00
24" RCP, CL IV, Tongue and Groove
57 LF
$145.00
$8,270.00
5' Curb Inlet Box Assemblies w/extensions, all sizes and depths
6 EA
$5,000.00
$30,000.00
5' Curb Inlet (Top Only) w/two extensions
1 EA
$4,500.00
$4,500.00
3' x 3' Junction Box
2 EA
$3,000.00
$6,000.00
Sub Total
$110,400.00
1/11/2018
)3 Est&Quant\County Portion including Holleman and Design Fees
Brazos County Portion
Rock Prairie Road West and Holleman Drive Widening Project
90°% Opinion of Probable Construction Costs for Rock Prairie
1/11/2018
03 Est&Quant\County Portion including Holleman and Design Fees
'9
VOL �� E
Quantity
Unit Cost
Item Cost
Drainage Structures
1-4' x 2' x 87' RCB (Type III -Traffic Rated)
87 LF
$250.00
$21,750.00
Safety End Treatment - 18" - 4:1
1 EA
$1,000.00
$1,000.00
Safety End Treatment - 24" - 4:1
2 EA
$1,200.00
$2,400.00
Headwall/Wingwall Assembly (PW -1) (HW=S FT)
2 EA
$7,500.00
$15,000.00
Stone Riprap w/grout
13 CY
$125.00
$1,625.00
Concrete Riprap (6")
11 CY
$475.00
$5,225.00
Sub Total
$47,000.00
Seeding & Mulch
Hydro Mulch w/ 4" Topsoil
3124 SY
$3.00
$9,380.00
Block Sodding W/ 4"Topsoil
587 SY
$8.00
$4,700.00
Sub Total
$14,080.00
Signing, Striping & Illumination
Signing and Striping
1 LS
$15,500.00
$15,500.00
Illumination Assemblies
5 EA
$6,800.00
$34,000.00
Street Light Controller
1 EA
$2,100.00
$2,100.00
2" Conduit PVC SCH 40 - Trench
1111 LF
$8.00
$8,890.00
2" Conduit PVC SCH 40 - Bore
86 LF
$18.00
$1,550.00
Sub Total
$62,040.00
Mobilization
Mobilization - 8%
1 LS
$87,550.00
Subtotal
$1,181,838.00
Contingency - 2%
2%
$23,637.00
Total Rock Prairie Estimate
$1,205,475.00
1/11/2018
03 Est&Quant\County Portion including Holleman and Design Fees
'9
VOL �� E
AT&T
AGREEMENT FOR LIMITED ACCESS TO LOCAL CONTROL FOR FIRSTNET
Customer', :`
AT&T':i'
AT&T, Sales Contact -
.
Name:
Prima Contact
Brazos County
AT&T Corp.
Name: Stephen Pundit
200 S. Texas Ave
or enter the International affiliate Name
1010 N. St. Mary's, Ste 400
Bryan, TX 77803
San Antonio, TX 78215, USA
USA
Telephone: 2108866915
Email: spl535@att.com
Branch Manager: Nina Mustafa
Sales Strata:
Sales Re ion: Central, South Texas Mkt
Customer Coritact (for notices)
AT&T Contact (for notices)
AT&T Solution Provider or.
Representative,'Information
if a licable
Name: Matt Wolfe
Street Address
Name:
Title: CTO
City
Company Name:
200 S. Texas Ave
State/Province Zip Code
Street Address
Bryan, TX 77803
Country
City
Telephone: 979.361.4469
State/Province Zip Code
Email: mwolfe@brazoscountytx.gov
With a copy to:
Country
Customer Account Number or Master
AT&T Corp.
Telephone:
Account Number: 13656175505
One AT&T Way
Fax:
Bedminster, NJ 07921-0752
Email:
ATTN: Master Agreement Support Team
Agent Code:
Email: mast att.com
This Agreement for Limited Access to Local Control for Firstnet ('Agreement') is between the customer named above ('Customer') and AT&T Corp.,
both on its own behalf and on the behalf of those of affiliates providing the services offered under the FirstNet Service Guide (AT&T'). The Effective Date
of this Agreement (the 'Agreement'). Is upon signature by Customer and receipt of the Agreement with unaltered terms and conditions by AT&T.
Customer
b ut oriz d re resentative
B:
Name:
J
Title:
�Qu1`
Date:
S Z q
rc[JU�
1 U
AT&T and Customer Confidential Information
LALCPFN At v030218
AGREEMENT FOR LIMITED ACCESS TO LOCAL CONTROL FOR FIRSTNET
1. SCOPE
The purpose of this Agreement is to set forth the terms and conditions under which AT&T will provide Customer access to Local Control for
FirstNet (the "Portal") for the sole purpose of allowing Customer to designate individuals eligible to purchase a FirstNet wireless service
plan ("Plan") as a Subscriber Paid User. For purposes of this Agreement, Subscriber Paid Users are individuals who are either (a)
employees of Customer acting in the capacity of a first responder in the areas of law enforcement, fire protection, or emergency medical
services; or (b) authorized, active auxiliary personnel affiliated with Customer who provide services or perform functions on an occasional,
volunteer basis, and support Customer in the areas of law enforcement, fire protection, or emergency medical services.
2. AT&T's OBLIGATIONS
AT&T will provide Customer a single set of credentials ("Credenf als") to the Portal for Customer to use to designate individuals eligible to
purchase a FirstNet Mobile Responder rate plan ("Plan") as a Subscriber Paid User for the Term of this Agreement or until it is terminated.
3, CUSTOMER's REPRESENTATIONS AND OBLIGATIONS
3.1 Customer represents and warrants that it is a Primary User Public Safety Entity as that term is used by the First Responder Network
Authority and by AT&T in its capacity as the service provider for FirstNet.
3.2 In using the Credentials and the Portal, Customer agrees to comply with the Terms of Use for the Portal and acknowledges and
agrees to the obligations set forth in the Terms of Use, including, but not limited to, the protection of the Credentials. Customer
agrees to follow all processes and procedures established by AT&T from time to time for access to, and use of, the Portal.
3.3 Customer acknowledges that it is responsible for verifying and approving the individuals it designates as eligible Subscriber Paid
Users using the Portal. Customer is responsible for designating a single contact who will use the Portal to: (a) provide AT&T with the
name and email address of, together with the correct Foundation Account Number and other eligibility information for, each eligible
individual to enable AT&T to initiate the process such individual will use to obtain a FirstNet wireless service plan as a Subscriber
Paid User; and (b) perform audits of existing Subscriber Paid Users as requested by AT&T on a regular, but not less than once per
year, basis to remove any individuals who are no longer eligible to participate in FirstNet as a Subscriber Paid User. AT&T reserves
the right to limit Customer's ability to verify and approve new Subscriber Paid Users until such audit is completed.
3.4 Once verified and approved, AT&T will contact eligible Subscriber Paid Users, who must establish a contractual relationship directly
with AT&T using an AT&T Wireless Customer Agreement ("WCA") under which they may purchase an FirstNet Subscriber Paid User
plan. Customer has no obligation to pay for services AT&T provides to Subscriber Paid Users, who will be financially responsible for
payment of services provided under the WCA and any applicable plan.
4. TERM AND TERMINATION
The Term of this Agreement shall begin on the Effective Date and end on the latter of: (a) the date on which there are no Subscriber Paid Users
verified by Customer using a FirstNet wireless service plan; or (b) the date on which Customer enters into a FirstNet service agreement with AT&T,
in which case the terms of that agreement will supersede those of this Agreement, Either party may terminate this Agreement before the end of the
Term by giving written notice to the other party. In the event that Customer terminates this Agreement by providing notice, AT&T shall have the right
to terminate all FirstNet services provided to Subscriber Paid Users verified by Customer.
5. DISCLAIMER OF WARRANTIES AND LIABILITY
ACCESS TO THE PORTAL IS PROVIDED ON AN "AS IS" BASIS WITH NO WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, IN NO EVENT
SHALL AT&T, ITS AFFILIATES OR ITS SUPPLIERS BE LIABLE TO CUSTOMER, CUSTOMER'S AFFILIATES OR THIRD PARTIES CLAIMING
THROUGH CUSTOMER FOR MONETARY DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, RELIANCE OR
CONSEQUENTIAL DAMAGES, EXPENSES ASSOCIATED WITH THIS AGREEMENT OR LOST PROFITS OR REVENUES, ARISING OUT OF ANY
BREACH OR ALLEGED BREACH OF THIS AGREEMENT.
6. ENTIRE AGREEMENT
This document is the entire agreement between the parties with respect to its subject matter and supersedes all other agreements, proposals,
representations, statements and understandings, whether written or oral, concerning Customer's ability to access the Portal.
AT&T and Customer Confidential %� P
FIRSTNET SUBSCRIBER PAID ICB APPROVED CUSTOM PRICING
TEXAS ONLY
AS OF 4.17.2018
Subscriber Paid
Subscriber Paid plans NOT eligible for subsidized equipment pricing
Plans below are eligible for the Virtual Gov. Suhcrrlher Palrl rnntrart
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FN Resp"onderPlans
V
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,Standard List,
A {
IVlodifier„;,
k n,
-Approved Cust6m
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2GB FN Responder Plan for Smartphone
$28.50
$3.65
$24.85
SGB FN Responder Plan for Smartphone
$41.00
$4.60
$36.40
100MB FN Responder Plan for Feature Phone
$19.00
$2.35
$16.65
2G3 FN Responder Plan for Tablet
$21.50
$2.40
$19.10
5GB FN Responder Plan for Tablet
$34.00
$3.30
$30.70
Unlimited Subscriber Paid
Unlimited Smartphone NO tether
$50.00
$3.75
$46.25
Unlimited Smartphone WITH tether
$60.00
$10.01
$49.99
_
Unlimited Tablet WITH tether
$40.00
$3.00
$37.00
vol. P9.
i2 -
AMENDMENT TO 18-041 MERCHANT SERVICES
THIS AMENDMENT TO 18-041 MERCHANT SERVICES ("Amendment") is entered into and effective this
29th day of May, 2018 C`Effective Date") by and between Brazos County ('Customer'), and Jet Pay, Inc. ("Contractor")
each of which may alternatively be referred to herein as a "Party" and collectively as the "Parties". All capitalized terms
in this Amendment shall have the same meaning as in the Agreement (as defined below) unless otherwise stated herein.
RECITALS
WHEREAS, the Parties entered into that certain original contract # 18-041 Merchant Services (`Agreement") for
purposes of Jet Pay, Inc to provide of the service of merchant services; and
WHEREAS, the Parties desire to amend the pricing as set forth in original contract # 18-041 Merchant Services.
AGREEMENT
NOW THEREFORE, in consideration of the above premises, and other good and valuable consideration, the receipt
and sufficiency of which are hereby acknowledged, the Parties hereto agree to amend the Agreement pursuant to Section
35 of the Agreement as follows:
1. Online Payments for the Brazos County Tax Office shall be removed from the original Scope of Work. Point
of Sale and IVR services for all applicable departments and online payments integrated with Odyssey will
remain the responsibility of Jet Pay and within the scope of work to be performed by Jet Pay.
2. Conflict/No Other Modifications. In the event ofa conflict between the terms of this Amendment and the terms
of the Agreement, this Amendment shall control. All other tetms.of the Agreement shall remain unchanged
and in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be signed by their authorized
representatives as of the Effective Date. This Amendment may be executed in counterparts, all of which taken together
shall constitute one instrument. Electronic or facsimile signatures are acceptable forms of execution of this Amendment
and shall be binding on all Parties hereto.
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IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A NEW
ACCOUNT
To help the government fight the funding of terrorism and money laundering activities, Federal
law requires all financial institutions to obtain, verify, and record information that identifies each
person who opens an account. When you open an account, we will ask for your name, address,
date of birth, and other information that will allow us to identify you. We may also ask to see
your driver's license or other identifying documents.
Processor Disclosure
The 'JetPay' party listed throughout this agreement will refer to the entity below.
JetPay Payment Services, FL, LLC, a Delaware limited liability company whose address is:
316 S. Baylen Street, Suite 590
Pensacola, Florida 32502
MERCHANT AGREEMENT
In consideration of the mutual promises and covenants contained in this Merchant Agreement
("Agreement"), the parties agree as follows:
1. Parties. The parties to this Agreement are ("Bank", as set forth on the Merchant
Application and Agreement, with respect to Visa, MasterCard, and Discover Network
Transactions), JetPay, a Delaware limited liability company whose address is 316 S.
Baylen Street, Suite 590, Pensacola, FL 32502 ("JetPay"), and the Merchant set forth
on the Merchant Application form to which this Agreement is attached ("Merchant").
1. Definitions. For the purposes of this Agreement and the Exhibits and Schedules
referred to herein, the following definitions apply unless the context otherwise requires:
(a) Address Verification shall mean a service that allows Merchant to verify the home
address of Cardholders with the relevant Issuer.
(b) Assignment shall mean the transfer of this Agreement, including all rights and
obligations hereunder, by JetPay or Bank to another party pursuant to the consent of
Brazos County, where such consent of Brazos County shall not be unreasonably
withheld.
(c) Card Association(s) shall mean American Express Travel Related Services
Company, INC. (AXP), and VISA USA, Inc, ("Visa"), and MasterCard International,
Inc. ("MasterCard") and Discover Network ("Discover Network").
(d) Card Association Operating Rules are relevant portions of the Visa International
Operating Regulations, the MasterCard Rules, the American Express Merchant
I VOI. _ rJ1 � P,. 7U 1
i
Requirements, the Discover Merchant Operating Regulations, and the bylaws, rules,
regulations, policy statements, guidelines, bulletins, notices, and similar documents
issued by the Card Associations, and may be obtained through the Card Associations'
own websites or by contacting JetPay directly at: Help@jetpay.com.
(e) Authorization shall mean an affirmative response, by or on behalf of an Issuer to a
request to effect a Transaction, that a Transaction is within the Cardholder's available
credit limit and that the Cardholder has not reported the Card lost or stolen. All
Transactions require Authorization.
(f) Authorization Center shall mean the facility or facilities designated from time to
time by Bank or JetPay to which Merchant shall submit all requests for Authorization.
(g) Business Day shall mean any day other than (i) a Saturday or Sunday, or (ii) a day
on which banking institutions are authorized by law or executive order to be closed
(and on which Bank is in fact closed).
(h) Card(s) shall mean either American Express, Visa, MasterCard, or Discover
Network credit card, debit card, or other similar card that may or may not require a
PIN for identification purposes, or pre -paid, stored -value or gift card.
(i) Cardholder (also referred to as "Card Member" or "Cardmentber" in some Card
Association materials) shall mean a person authorized to use a Card.
0) Chargeback shall mean a Transaction that Bank returns to Merchant pursuant to
this Agreement.
(k) Forced Sale shall mean a sales Transaction processed without an approved
electronic Authorization number being obtained for the full amount of the sales
Transaction at the time the Transaction is processed.
(1) Full Recourse Transactions shall mean mail orders, telephone orders, e-commerce
(Internet) orders, Pre -Authorized Recurring Order Transactions, and other "card not
present" sales.
(m)Issuer shall mean a member of an Card Association that enters into a contractual
relationship with a Cardholder for the issuance of one or more Cards.
(n) Merchant Statement shall mean an itemized monthly statement of all charges and
credits to the Operating Account.
(o) Fees shall mean the rates, fees, network fees, and/or assessments charged by the
Card Associations, JetPay and the Bank as set forth in Exhibit A to the Merchant
Application and Agreement. The Card Associations charge JetPay and Bank these
fees in order to facilitate a Transaction. These "Fees" include interchange and
assessments for Visa, MasterCard and Discover along with all associated fees in their
operating rules and Discount Rate, Network Fee, for American Express as outlined in
their operating rules and regulations, JetPay may pass through other fees and or fines
directly related to the card type, and how the card was submitted i.e.; swiped or keyed
entered, cross boarder fees etc. Complete processing fees of Card Transactions that
may be charged from time to time by Card Associations, JetPay or Bank may be
found at the JetPay website.
I__
Vol. 73 Pg.
(p) Bank fees as applicable and stated in Exhibit A to the Merchant Application and
Agreement.
(q) Normal Transaction shall mean a Transaction in which the Card is swiped through
a terminal, register or other device, capturing the Card information encoded on the
Card's magnetic strip or chip.
(r) Pre -Authorized Recurring Order Transactions shall mean Transactions that have
been pre -authorized by the Cardholder and for which the goods or services are to be
delivered or performed in the future by Merchant without having to obtain approval
from the Cardholder each time.
(s) Qualified transactions shall mean: (i) retail Transactions in which the Card is
swiped or chip read; (ii) Card Association telephone or mail transactions with
Address Verification; or (iii) transactions that are part of a special registered program
approved by the Card Associations.
(t) Services shall mean the transaction processing services provided by Bank or
JetPay under this Agreement.
(u) Transaction shall mean the acceptance of a Card or information embossed on the
Card for payment for goods sold and/or leased or services provided to Cardholders by
Merchant and receipt of payment from Bank or JetPay, whether the Transaction is
approved, declined, or processed as a Forced Sale. The term "Transaction" also
includes credits, errors, returns disputes, and adjustments.
(v) PCI DDS Compliance shall mean The PCI Data Security Standard represents a
common set of industry tools and measurements to help ensure the safe handling of
sensitive information. Created by aligning Visa's Account Information Security
(AIS)/Cardholder Information Security (CISP) programs with MasterCard's Site Data
Protection (SDP) program, the standard provides an actionable framework for
developing a robust account data security process - including preventing, detecting
and reacting to security.
(w) Data Breach Coverage shall mean a new and unique indemnification program
designed specifically to meet the expenses resulting from a suspected or actual breach
of payment data.
(x) Payment Application shall refer to software and/or hardware that are used to
facilitate a payment transaction. This shall include but not be limited to payment
terminals, gateways, hospitality management surplus, virtual terminal, and retail POS
systems.
(y) PA -DSS shall mean the certification of a Payment Application as within PCI DDS
compliance standards as listed by the PCI Security Standards as listed by the PCI
Security Council currently available at
https://www.pcisecuritystandard s.org/doewnent_library?assoc iation=PA-DS S
3. Merchant agrees to participate in program. Merchant agrees to participate in the card
processing services program established by Bank and JetPay.
3.1 Contact with Merchant. If Merchant elects to receive messages from Bank,
JetPay, and Card Associations regarding products, services and resources available to it,
as indicated on the Merchant Application, Merchant agrees messages maybe sent by
Bank, JetPay, and Card Associations to the phone numbers, facsimile numbers, or email
addresses provided by Merchant. If a wireless number is provided, Merchant agrees
communications may be sent via SMS or text in addition to automated calls. Merchant
may opt out of receiving messages by contacting JetPay at assist.opt-out@jetpay.com.
Opting -out will not preclude you from receiving important transactional or relationship
messages from Bank, JetPay, and Card Associations.
4. JetPay to provide services to Merchant. During the term of this Agreement, subject to
the terms and conditions of this Agreement, JetPay agrees to provide technical
documentation and support in order to allow Merchant to accept and process
Transactions. JetPay shall provide technical support and customer support for all
Transactions, including, without limitation, Authorization, Settlement, Chargeback
processing and reporting, twenty-four hours each day, seven days each week
(Settlement in conjunction with non-bank holidays and weekends) during the term of
this Agreement. JetPay agrees to provide Merchant with the Services on Exhibit A to
the Merchant Application and Agreement as amended from time to time by JetPay and
Merchant, during the term of this Agreement, subject to the terms and conditions of
this Agreement.
S. Independent Contractor. In the performance of its duties hereunder, JetPay shall be an
independent contractor, and not an employee or agent of Bank.
6. Compliance with Card Association Operating Rules. The terms of the Card Association
Operating Rules form a part of and are incorporated into the Merchant Agreement. To
the extent permitted by law, Merchant agrees to comply with the Card Association
Operating Rules, as the same may be amended from time to time. The Card Association
Operating Rules may change with little or no advance notice to Merchant and
Merchant will be bound by all such changes. In the event the provisions of this
Merchant Agreement conflicts with the provisions of the Card Association Operating
Rules; the Card Association Operating Rules for the particular Card would govern.
7. Term. This Agreement shall become effective when all parties sign the Merchant
Application form to which this Agreement is attached and, unless sooner terminated,
shall remain in effect for the term of three (3) years and it may be extended for two
additional one (1) year periods with the written consent of both parties, unless or until
any party provides thirty (30) days' written notice of termination to the other parties.
All existing obligations, warranties, indemnities and agreements with respect to
Transactions entered into before such termination shall remain in full force and effect,
and Merchant shall remain liable for all obligations to Cardholders and Bank incurred
while this Agreement was in effect.
8. Merchant Operating Account. Prior to accepting any Cards, if Merchant agrees to
settle all card payments as an ACH credit(s) and all credits, refunds, chargebacks and
fees as an ACH debit or by invoice ("Gross Settlement"), Merchant shall establish a
_d —
demand deposit account at a financial institution approved by Bank and JetPay
("Operating Account"), through which fees, charges and credits due in accordance with
this Agreement may be processed. Alternatively, Merchant may settle all card
payments, credits, refunds, chargebacks and fees in a single ACH credit transaction
("Net Settlement").
9. Reserve Account. In the event Merchant has a past due balance ("RA Merchant"),
Bank or JetPay may establish a reserve account at Bank or any other financial
institution designated by Bank or JetPay "Reserve Account", for all indebtedness of the
RA Merchant to Bank or JetPay that may arise out of or relate to the obligations of the
RA Merchant under this Agreement, including, but not limited to, Card Association
fees (if Merchant is absorbing transaction fee), Chargebacks and processing fees (if
Merchant is absorbing transaction fee), in such amount as Bank or JetPay from time to
time may determine in its sole discretion (such amount shall be equal to the amount of
all amounts due of the RA Merchant under this Agreement). Bank or JetPay may fund
the Reserve Account by deduction from payments due the RA Merchant or a charge
against the RA Merchant's Operating Account. The Reserve Account will be
maintained until such time that the the past due balance has been satisfied (the
"Reserve Requirement Period"). Upon expiration of the Reserve Requirement Period,
any balance remaining in the Reserve Account will be paid to the RA Merchant. Bank
or JetPay will inform the RA Merchant in writing of any charges debited to the Reserve
Account during the Reserve Requirement Period.
10. Fees. Merchant agrees and shall pay Bank and JetPay all fees, if any, specified on
Exhibit A to the Merchant Application and Agreement, as amended by Bank or JetPay
along with Merchant, from time to time.
11. Billing. JetPay will invoice all amounts owed to Bank or JetPay in a month by the fifth
day of the subsequent month or the next business day if the fifth day is a weekend or a
holiday. Gross Settlement merchants authorize JetPay to ACH debit Merchant's
account for the total invoiced amount due on the fifth day of the month following the
period of service. Net Settlement merchants authorize JetPay to offset their ACH credit
on the fifth day of the month following period of service for the total invoiced amount
due.
12. Account Monitoring. Merchant acknowledges that Bank or JetPay will monitor
Merchant's daily credit card transaction activity. Merchant agrees that Bank or JetPay
may upon reasonable grounds, divert the disbursement of Merchant's funds and/or
temporarily suspend processing under this Agreement and/or terminate this
Agreement, and Bank or JetPay shall provide Merchant with a reasonable amount of
advance notice prior to taking such action. Notice will be sent via email to Brazos
County's designated personnel. Reasonable grounds shall include, but not be limited to,
the following: suspicious or unusual transaction activity; material variance in the
nature of Merchant's business, type of product and/or service sold, average ticket size,
monthly volume or swiped/keyed percentages, from such disclosures made by Merchant
in this Agreement; Merchant does not authorize transactions; Bank or JetPay receives
excessive retrieval requests against Merchant's prior activity; excessive chargebacks
Pm
are debited against Merchant's prior activity. If the Merchant's funds are diverted by
Bank or JetPay or Bank or JetPay has temporarily suspended processing under this
Agreement, such diversion or suspension shall be for any reasonable period of time
required by Bank or JetPay to fully investigate Merchant's account activity and resolve,
to Bank or JetPay's sole satisfaction, the subject questionable, suspect or fraudulent
transactions or activity of Merchant. Any funds diverted shall be maintained by Bank
or JetPay in a non-interest bearing account at Bank or JetPay. Bank or JetPay shall
have no liability for any losses, either direct or indirect, which Merchant may attribute
to any reasonable diversion of funds, suspension of processing or termination of this
Agreement by Bank or JetPay pursuant to this paragraph. Notwithstanding anything
to the contrary in this Agreement, JetPay shall reimburse Merchants for any banking
fees and/or loss of interest that are incurred due to JetPay's or its subcontractor's error
in the clearing and settlement of any credit card and a -check payments.
13. Equipment. In processing Transactions, Merchant shall use only equipment or software
programs provided or approved by JetPay ("equipment") and the following additional
terms:
(a) The equipment shall be suitable for processing the Services;
(b) Merchant will provide, at Merchant's expense, suitable electric power and
telephone services and will pay for any alterations to Merchant's premises required to
properly locate Merchant's equipment;
(c) If Merchant is using equipment, Merchant acknowledges receipt of a copy of the
equipment User's Guide. Merchant will use and operate the equipment only in
accordance with the equipment User's Guide; and
(d) Bank or JetPay will have no liability to Merchant if any installation is delayed or
cannot be completed. JetPay will not have liability to Merchant if any installation is
delayed or cannot be completed for reasons not caused by the act or neglect of JetPay.
At no time will JetPay liability exceed the amount of fees collected or reasonably
expected to be collected from merchant for this delay period.
14. Documenting Transactions. Merchant shall submit the following information to JetPay
and Bank or their designee in connection with Transaction processing:
(a) The DBA name of Merchant (if any), name of Merchant and Merchant's address;
(b) Merchant's customer service telephone number;
(c) Merchant's Internet address (if applicable);
(d) The Merchant Number assigned to Merchant by Bank;
(e) The name, address and telephone number of Cardholder;
(f) Additional information as may from time to time be required by Bank and/or the
relevant Issuer; and
(g) Any other information that may be required to identify and reverse a transaction.
E.Vol.7Pg.
Merchant shall not submit a Transaction to Bank or JetPay (electronically or otherwise) until
Merchant has performed its obligations to the Cardholder in connection with the Transaction or
obtained Cardholder's consent for a Pre -Authorized Recurring Order Transaction. Merchant shall
not transmit any Transaction to Bank that Merchant knows or should have known to be
fraudulent or not authorized by the Cardholder. Merchant is responsible for its employees'
actions. Merchant may transmit a Transaction that effects a prepayment of services or full
prepayment of custom -ordered merchandise, manufactured to a Cardholder's specifications, if
Merchant advises Cardholder of the immediate billing at the time of the Transaction and within
time limits established by the Associations.
15. Authorization for Transactions. Merchant shall obtain Authorization for Transactions
as follows:
15.1 Electronically Transmitted Transaction. Merchant shall submit each Normal
Transaction for Authorization to the Authorization Center using the equipment. The
Authorization Center shall authorize or decline a Normal Transaction transmitted for
Authorization and shall capture and process for Merchant the information relating to the
Normal Transaction. If equipment is inoperable at the time of an Authorization request,
the Transaction may be authorized by using the appropriate dial-up facility. In that case,
the Transaction shall be entered as a Forced Sale Transaction, provided the approval
number is also entered, and Merchant shall be subject to an additional voice or audio
response unit "ARU" Authorization Fee as outlined on Exhibit A to the Merchant
Application and Agreement.
15.2 Full Recourse Transactions. The following additional requirements apply to Full
Recourse Transactions:
(a) All Full Recourse Transactions are at Merchant's risk. As to each Full Recourse
Transaction, Merchant warrants to Bank and JetPay that the person whose name is
submitted to Bank and JetPay as Cardholder either made or authorized another to
make the purchase. Upon breach of this warranty, Bank or JetPay may charge back
the Transaction to Merchant. If Bank or JetPay charges back the Transaction to
Merchant: (i) Merchant shall pay Bank and/or JetPay the amount of the Transaction,
any Chargeback fee set forth on Exhibit A to the Merchant Application and
Agreement, plus any Card Association fine or assessment; and (ii) Bank or JetPay
may charge all such amounts to the Operating Account or Reserve Account without
prior notice to Merchant;
(b) All Full Recourse Transactions must be electronically authorized through the
Authorization Center and, in add,i�mn to the information required in Section 14 of this
Agreement, each such request for Authorization also shall include: (i) an
Authorization code, if required; (ii) the Cardholders address and Address Verification
results; and (iii) in lieu of the Cardholder's signature, a notation of (A) mail order
(MO), (B) telephone order (TO), (C) e-commerce order (EO), or (D) pre -authorized
order (PO) on the signature line;
(c) If Merchant accepts a Pre -Authorized Recurring Order Transaction, the
Cardholder shall execute and deliver to Merchant a written request for this pre -
vol. ,� 73 P9.
authorization. This written request shall be maintained by Merchant and made
available upon request to JetPay and/or Bank. All annual billings must be reaffirmed
at least once each year. Merchant shall not deliver goods or perform services covered
by a pre authorization order after receiving notification from the Cardholder that the
pre -authorization is canceled or from Bank that the Card covering the pre-
authorization is not to be honored; and
(d) Merchant shall verify Cardholder's address from the Association network.
16. Prohibited Transactions. Merchant shall comply with all bylaws, rules, regulations,
policies, and/or guidelines of the Card Associations and any Issuer whose Cards are
used to process Transactions in accordance with this Agreement. Additionally,
Merchant shall not do any of the following with respect to any Transaction:
(a) Obtain multiple Authorizations for amounts less than the total sale amount;
(b) Obtain Authorization for purposes of setting aside Cardholder's credit line for use
in future sales;
(c) Extend credit for or defer the time of payment of the total cash price in any
Transaction;
(d) Honor a Card except in a Transaction where a total cash price is due and payable;
(e) Make any special charge to or extract any special agreement or security from any
Cardholder in connection with any Transaction;
(f) Transmit or accept for payment any Transaction that was not originated directly
between merchant and a Cardholder as a donation or for the sale or lease of goods or
the performance of services of the type indicated in the Merchant Application form to
which this Agreement is attached;
(g) Intentionally Omitted;
(h) Use Merchant's own Card, or one to which Merchant has access, to process a
Transaction for the purpose of obtaining credit for Merchant's own benefit;
(i) Redeposit a previously charged Transaction, regardless of whether the Cardholder
consents;
0) Initiate a Transaction credit without a balance in the Operating Account equal to
the credit;
(k) Use the equipment or any data received thereon for any other purpose other than
for determining whether or not Merchant should accept checks or Cards in connection
with a current sale or lease of goods or services;
(1) Use the equipment or any data received thereon for credit inquiry purposes or any
other purpose not authorized by this Agreement;
(m)Draw or convey any inference concerning a person's creditworthiness, credit
standing, credit capacity, character, general reputation, personal characteristics or
mode of living when any Card or check is processed as non -accepted;
Vol. 2 �3 Pg. %
(n) Disclose any information obtained through the equipment to any person except
for necessary disclosures to affected Cardholders, Bank and/or the Issuer;
(o) Add any tax to Transactions unless applicable law expressly requires that
Merchant be permitted to impose a tax. Any tax, if allowed, must be included in the
Transaction amount and not collected separately;
(p) Disburse funds in the form of travelers checks, if the sole purpose is to allow the
Cardholder to make a cash purchase of goods or services from Merchant;
(q) Disburse funds in the form of cash;
(r) Accept a Card to collect or refinance an existing debt;
(s) Issue a transaction credit in respect of goods or services acquired in a cash
transaction which are returned; or
(t) Make any cash refund to a Cardholder who has made a purchase with a Card,
unless no other remedy is available. All transaction credits will be issued to the same
Card account number as the sale to the extent feasible.
(u) Merchant may not accept a Card for an unlawful Internet gambling transaction.
Merchant will pay all Card Association fines, fees, penalties and all other assessments or
indebtedness levied by Card Associations and/or regulatory agencies to Bank, which are
attributable, at the Bank's discretion, to Merchant's transaction processing or business.
17. Prohibition of Furnishing Account Information. Merchant shall not, without the
Cardholder's consent, sell, purchase, provide or exchange Card account number
information in the form of Transaction documents, carbon copies of imprinted
Transaction documents, mailing lists, tapes, journal rolls or other media obtained by
reason of a Card to any third party.
18. Daily Reconciliation of Transactions.
18.1 Electronically Transmitted Transactions. Transactions will be settled on a daily
basis when applicable. (Excluding Sundays and holidays) Bank and/or JetPay shall
deliver payment to Merchant within forty-eight (48) hours provided bank and/or JetPay
receives funds from the card associations by a credit to the Operating Account of the
merchant. For Net Settlement merchants, this credit will be reduced, if necessary, by: (i)
the sum of all Cardholder charges denied, refused or charged back; (ii) all refunds
processed on account of Cardholders during said time period; (iii) the fees and charges,
including Chargebacks, Merchant owes Bank or JetPay hereunder; (iv) all taxes,
penalties, charges and other items incurred by Bank that are reimbursable pursuant to this
Agreement; and (v) all applicable rates, fees and charges described on Exhibit A to the
Merchant Application and Agreement. For Gross Settlement merchants, each of the items
(i) through (v) listed in the preceding sentence may be paid to Bank or JetPay through an
ACH debit to the designated Merchant Operating Account,
18.2 Reconciliation of Transactions. Merchant shall reconcile each settled Transaction
within fifteen (15) days after the date on which such Transaction is submitted to Bank for
vol. z 73 Pg. 1-7r_
payment, and shall notify Bank and JetPay immediately in writing of any discrepancies or
errors Merchant notes as a result of such reconciliation. In any case, Bank and/or JetPay
are not responsible for any downgrades assessed in merchant fees (if Merchant is
absorbing transaction fee). When asked, JetPay will work with Merchant to help
transactions qualify at their best rate. Neither Bank nor JetPay shall have any
responsibility or liability for Transaction -related errors or omissions that are brought to
their attention more than thirty (30) days after the date on which the Transaction to which
such error or omission relates is first presented to Bank for settlement.
18.3 Provisional Credit. Any credits to the Operating Account are provisional only and
subject to revocation by Bank until such time that the Transaction is final and no longer
subject to Chargeback by the Issuer, Cardholder or Associations. Bank may withhold
payment for a Transaction to Merchant, for any reason, until such time as the Transaction
has been verified as legitimate by the relevant Issuer or Bank and/or JetPay receive
adequate supporting documentation from Merchant to authenticate the Transaction and
mitigate Chargeback risk.
19. Adjustments and Returns. Merchant will maintain a fair exchange and return policy
and make adjustments with respect to goods and services sold and/or leased to its
customers whenever appropriate. If goods are returned, or services are terminated or
canceled, or any price is adjusted, Merchant will prepare and transmit a credit or
return Transaction, either electronically or by paper, for the amount of the adjustment
as a deduction from the total amount of Transactions transmitted that day. If the
amount of credit or return Transactions exceeds the amount of sales Transactions,
Merchant shall pay Bank the excess. Merchant shall make no cash refunds on
Transactions and shall handle all credit adjustments as provided in this Section 19. If
no refund or return will be given, Cardholder must be advised in writing that the sale is
a "final sale" and "no returns" are permitted at the time of the Transaction.
Cardholder also must be advised in writing of any policy of Merchant that provides for
no -cash refunds and in-store credit only. Merchant shall follow Association
reservation/no-show policies. Merchant shall notify Cardholders in writing of this
policy on all advance reservations. Merchant also shall notify Cardholders at the time
of the reservation of the exact number of days required for reservation deposit refunds.
20. Chargebacks. The acceptance by Bank or JetPay of any Transaction processed in
accordance with the terms of this Agreement shall be with full recourse to Merchant. If
Merchant disagrees with Bank's or JetPay's decision to charge back a Transaction,
Merchant must so notify Bank and JetPay in writing within ten (10) days of the
Chargeback, and provide documentation that the dispute has been resolved to
Cardholder's satisfaction or proof that a credit has been issued. Without limiting the
generality of any other provision of this Agreement, and solely to the extent permitted
by law applicable to Merchant, if Bank or JetPay, if JetPay has indemnified Bank,
takes legal action against Merchant for any Chargebacks or any amounts due Bank or
JetPay hereunder, Merchant shall pay the costs and attorneys' fees incurred by Bank
and/or JetPay, whether suit is commenced or not.
21. Merchant Statement. If Merchant is absorbing the transaction fees under this
Agreement, at least once per month, Bank or JetPay shall provide Merchant with a
statement online (the "Merchant Statement"). Brazos County will be passing the
transaction fee, and as such, the only fees, if any, that will be invoiced to the County will
be for charge -back transactions. All information appearing on the Merchant Statement
shall be deemed accurate and affirmed by Merchant unless Merchant objects by
written notice specifying the particular item in dispute within thirty (30) days of the
date of the Merchant Statement.
22. Retention of Original Sales Information. Merchant shall retain the information
required by Sections 14 and 15 for seven (7) years from the date of the Transaction. At
the request of Bank, Merchant shall provide such information to Bank or JetPay, as
directed by Bank or JetPay, within five (5) days of receipt of a request from Bank or
JetPay. Failure to meet such timeframe or non-delivery of any item or delivery of an
illegible copy of an item requested by an Issuer shall constitute a waiver by Merchant of
any claims and may result in an irrevocable Chargeback for the full amount of the
Transaction.
23. Recovery of Cards. Merchant will use its best efforts to reasonably and peaceably
recover and retain any Card for which Merchant receives notification of cancellation,
restrictions, theft or counterfeiting. This notice may be given: (i) electronically through
the equipment; (ii) by the Authorization Center through any means; or (iii) by listing on
any canceled Card or restricted Card list. Merchant shall also take reasonable steps to
recover a Card which it has reasonable grounds to believe is counterfeit, fraudulent or
stolen.
24. Customer Complaints. Merchant shall respond promptly to inquiries from Cardholders
and shall resolve any disputes amicably. If unresolved disputes occur with a frequency
unacceptable to Bank or JetPay, Bank and JetPay may terminate this Agreement. Bank
and JetPay reserve the right to charge Merchant reasonable fees and reimbursement on
an account of excessive Cardholder inquiries, refunds or Chargebacks. Merchant
agrees to maintain the following information in writing with respect to each claim or
defense asserted by a Cardholder for which Merchant has received notice:
(a) The Cardholder's name;
(b) The Card's last 4 digits account number;
(c) The date and time the Cardholder asserted the claim or defense;
(d) The nature of the claim or defense; and
(e) The action that Merchant took in an attempt to resolve the dispute.
Upon request, Merchant shall furnish Bank and JetPay with this information in writing within ten
(10) days.
25. Confidentiality. Merchant shall treat all information received in connection with this
Agreement as confidential to the extent permitted by law.
Va. 73 Pg. b'd
26. Associations' and Issuers' Requirements. Merchant shall comply with all bylaws, rules,
regulations, policies and/or guidelines of the Card Associations and any Issuer whose
Cards are used to process Transactions in accordance with this Agreement. Merchant
will display prominently at its place of business Approved Card Associations emblems
and other promotional material and literature provided by Bank and JetPay directly or
through JetPay. Subject to the prior written consent of Bank and/or JetPay and upon
such conditions as authorized by Bank or JetPay, Merchant may use Card service
marks or design marks in its own advertisement and promotional materials.
27. Compliance with Applicable Law. Merchant represents and warrants that it has
obtained all necessary regulatory approvals, certificates and licenses to sell any product
or provide any service it intends to offer, and that it is in compliance with the
Telephone Disclosure and Dispute Resolution Act and the regulations of the Federal
Trade Commission and the Federal Communications Commission. Merchant shall
comply with all present and future federal, state and local laws and regulations
pertaining to Transactions, including, without limitation, the Federal Fair Credit
Reporting Act, the Federal Truth -in -Lending Act, the Electronic Fund Transfers Act
and the Federal Equal Credit Opportunity Act, as amended.
28. Taxes. Each party hereto shall report its income and pay its own taxes to any applicable
jurisdiction, if applicable. If Bank or JetPay are required to pay any taxes, interests,
fines or penalties owed by Merchant, said amount shall become immediately due and
payable by Merchant to Bank or JetPay. If excise, sale or use taxes are imposed on the
Transactions, Merchant shall be responsible for the collection and payment thereof.
Bank or JetPay shall be entitled to recover of any of said taxes paid by it on behalf of
Merchant from Merchant immediately after payment.
29. Limitation of Liability. In addition to all other limitations on the liability of Bank and
JetPay contained in this Agreement, neither Bank nor JetPay shall be liable to
Merchant or Merchant's customers or any other person for any of the following;
(a) Any loss or liability resulting from the denial of credit to any person or
Merchant's retention of any Card or any attempt to do so;
(b) Any loss caused by a Transaction downgrade resulting from defective or faulty
equipment regardless if owned by Bank, JetPay or Merchant;
(c) The unavailability of Services caused by the termination of contracts with
computer hardware vendors, processors or installers, whether terminated by Bank,
JetPay or any other person for any reason; or
(d) Interruption or termination of any Services caused by any reason except for
failure of JetPay to repair or replace equipment at Merchant's expense.
At no time will JetPay's liability exceed the amount of fees collected or reasonably expected to
be collected from merchant for this delay period.
NEITHER BANK NOR JETPAY SHALL BE LIABLE FOR ANY LOST PROFITS,
PUNITIVE, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES TO MERCHANT OR
12 p
VO4. g ti— Pa w
TO ANY THIRD PARTY IN CONNECTION WITH OR ARISING OUT OF THIS
AGREEMENT OR ANY OF THE SERVICES TO BE PERFORMED BY BANK OR JETPAY
PURSUANT TO THIS AGREEMENT. MERCHANT ACKNOWLEDGES THAT BANK HAS
PROVIDED NO WARRANTIES, EITHER EXPRESS OR IMPLIED, WRITTEN OR ORAL,
INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT
TO ANY EQUIPMENT AND THAT BANK HAS NO LIABILITY WITH RESPECT TO ANY
EQUIPMENT. BANK MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR
IMPLIED, REGARDING THE SERVICES IT PROVIDES HEREUNDER. SHOULD THERE
BE ERRORS, OMISSIONS, INTERRUPTIONS OR DELAYS RESULTING FROM BANK'S
OR JETPAY'S PERFORMANCE OR FAILURE TO PERFORM OF ANY KIND, BANK'S
AND JETPAY'S LIABILITY SHALL BE LIMITED TO CORRECTING SUCH ERRORS IF
COMMERCIALLY REASONABLE OR SUPPLYING SUCH OMISSIONS IN THE WORK
PRODUCT IN WHICH THEY HAVE OCCURRED.
30. Limitation on Damages. In no case shall Merchant be entitled to recover damages from
JetPay or Bank that exceed the fees retained by Bank and JetPay pursuant to this
Agreement during the three month period immediately prior to the event giving rise to
the claim for damages.
31. Indemnification. JetPay acknowledges that Brazos County may as a Political
subdivision have governmental immunity against any indemnification and/or liabilities.
JetPay further acknowledges that by executing this agreement, Brazos County does not
waive or relinquish any immunity or defense on behalf of itself, it's commissioners,
officers, employees or authorized representatives. To the extent permitted by laws
applicable to Merchant, Merchant agrees to indemnify and hold Bank and JetPay
harmless from any and all losses, claims, damages, liabilities and expenses, including
attorneys' fees and costs (whether or not an attorney is an employee of Bank or Bank's
affiliates, JetPay or affiliates of JetPay) arising out of any of the following:
(a) Merchant's failure to comply with this Agreement;
(b) Any act or omission of Merchant;
(c) Merchant's failure to comply with the equipment's User's Guide;
(d) Merchant's failure to comply with any bylaw, rule, regulation, guideline or policy
of any Association or Issuer;
(e) Merchant's failure to comply with any applicable law, rule or regulation;
(f) Any dispute concerning the quality, condition or delivery of any merchandise or
the quality of performance of any service;
(g) The fraud or dishonesty of Merchant or Merchant's employees, licensees,
successors, agents and/or assigns;
(h) Merchant's selection of an Internet service provider or other telecommunication
services provider;
(i) The theft of or damage or destruction to any equipment; or
Va. �3 P9.
0) Full Recourse Transactions, unauthorized Transactions and prohibited
Transactions.
32. Credit Investigation and Bank Auditing. Bank or JetPay may audit, from time to time,
Merchant's compliance with the terms of this Agreement. Merchant shall provide all
information requested by Bank and JetPay to complete the audit. Merchant authorizes
parties contacted by Bank or JetPay to release the credit information requested by
Bank or JetPay, and Merchant agrees to provide Bank and JetPay a separate
authorization for release of credit information, if requested. Unless required by a legal,
regulatory or other similar entity, the Bank and JetPay shall not conduct onsite audits
of the Merchant.
33. Termination. The Merchant shall remain liable for any fees or chargebacks incurred
after termination or expiration of this Agreement, if such fees or chargebacks are based
on transactions that occurred before such termination or expiration. Merchant shall
keep its Operating Account open for a minimum of one hundred eighty (180) days after
termination or expiration of this Agreement for the settlement of such fees or
chargebacks.
33.1 Termination of Agreement by Bank and JetPay. Bank or JetPay may terminate
this Agreement upon at least thirty (30) days' prior written notice to the other parties. In
addition, Bank or JetPay may terminate this Agreement without notice to Merchant under
any of the below listed circumstances. Any such notice of termination by Bank is
effective upon delivery if personally delivered, upon confirmation of transmission if sent
by facsimile transmission, upon the third business day after mailing if sent by registered
or certified mail, and upon receipt if sent by reputable courier.
(a) Intentionally Omitted;
(b) Any act of fraud or dishonesty is committed by Merchant, its employees and/or
agents, or JETPAY or Bank believes in good faith that Merchant, its employees
and/or agents have committed, are committing or are planning to commit any acts of
fraud or misrepresentation;
(c) Chargebacks are excessive in the opinion of Bank;
(d) Breach of this Agreement by Merchant;
(e) Any representation or warranty made by Merchant in this Agreement is not true
and correct;
(f) Merchant files a petition under any bankruptcy or insolvency law;
(g) Merchant fails to maintain sufficient funds in the Operating Account to cover the
amounts due to Bank hereunder;
(h) Merchant's percentage of error Transactions or retrieval requests is excessive in
the opinion of Bank;
(i) Any insurance policy obtained by Bank, JETPAY or Merchant relating to
Transactions and/or Chargebacks is cancelled or terminated for any reason;
FVOI�', — Pg.
i
0) Merchant fails to maintain PCI DSS compliance or is not using a compliant
Payment Application per card association mandates;
(k) Merchant fails to maintain an active policy indicating PCI breach insurance;
(1) Intentionally Omitted;
(m)JetPay does not or cannot perform its duties under this Agreement and Bank and
JetPay determines that it is not feasible to provide to Merchant the Services
contemplated by this Agreement. Bank or JetPay is not obligated to provide
replacement Services if JetPay does not or cannot perform; or
(n) If any circumstances arise regarding Merchant or its business that create harm or
loss of goodwill to any Card Association.
Bank or JetPay may selectively terminate one or more of Merchant's approved locations without
terminating this entire Agreement. In the event of termination, all obligations of Merchant
incurred or existing under this Agreement prior to termination shall survive the termination.
Merchant's obligations with respect to any Transaction shall be deemed incurred and existing on
the transaction date of such Transaction.
33.2 Termination of Agreement by Merchant. Merchant may terminate this
Agreement for convenience upon at least thirty (30) days' prior written notice to the other
parties.
34. Third -parties & Software Integration. Before using any third -party in the payment
process, the Merchant shall request JetPay's approval. Within thirty (30) days after
receiving such notice, JetPay may approve or reject for commercially reasonable
purposes the usage of the third -party. In the event that the Merchant does not receive a
response from JetPay within the thirty (30) day period, JetPay's approval is
automatically granted. JetPay may revoke its approval for commercially reasonable
purposes with thirty (30) days' notice to the Merchant.
Merchant and JetPay will mutually agree upon the method of access and integration of
Merchant's software and systems to JetPay's payment processing platform. If acceptable to
Merchant, JetPay may provide an installable service package to Merchant that provides
middleware services between Merchant's software and customer database to JetPay's
processing platform for the purpose of looking up customer information including balance
due, account ID, usage history, etc. Payment card data will not be transported by these
services at any time. Such service will reside behind Merchant's network security and will
provide JetPay access to Merchant's customer database. Merchant will provide JetPay with
the appropriate credentials to access these middleware services in real-time to accept and
process payments from customers to Merchant. JetPay will use network communication
methods that follow Payment Card Industry best practices to communicate with these
middleware services. The services installed on Merchant system may be 6rewalled to only
provide access to the necessary services and the Merchant's customer database. The
middleware services will only communicate directly with Jetpay's hosted web services
... 1.5 _..____._._...._.... ._..__.-_
Vol. Pg.
platform utilizing secure protocols. Jetpay shall be responsible for ensuring security of this
service and be responsible for all costs, losses, claims and damages resulting directly from
any breach that is due solely to JetPay's gross negligence with these services.
35. Amendments to this Agreement. From time to time Bank or JetPay may amend this
Agreement as follows:
(a) Amendment to Cards and/or Services. Bank or JetPay may amend or delete Cards
or Services listed in Exhibit A to the Merchant Application and Agreement by
notifying Merchant in writing of any such amendment. All provisions of this
Agreement shall apply to Cards or Services added to this Agreement. Bank and
JetPay shall notify Merchant of the fees to be charged for processing the additional
Cards and Services. Acceptance by Merchant of a new approved Card as payment for
a Transaction or use of a new Service after Bank or JetPay has sent Merchant notice
of an amendment shall constitute Merchant's agreement to the amendment and the
fees or charges related to these additions.
(b) Amendment to Fees and Charges. From time to time, Bank or JetPay may change
all rates, fees and charges set forth on Exhibit A to the Merchant Application subject
to the prior approval of Merchant unless Merchant's sales volume or average
Transaction amount does not meet Merchant's projections contained in the Merchant
Application. Bank or JetPay will provide written notice to Merchant of all such
amendments. Bank or JetPay may change the rates, fees and charges without prior
written notice if Merchant's sales volume or average Transaction amount does not
meet Merchant's projections contained in the Merchant Application form to which
this Agreement is attached. If notice is required, Bank or JetPay will give written
notice on the Merchant Statement or by sending separate notice by mail. All new
rates, fees, and charges will become effective for the month immediately following
the month in which the notice appeared on the Merchant Statement or was sent by
mail, unless Merchant terminates this Agreement in accordance with Section 33.
(c) Amendments to all other Provisions. Bank or JetPay may amend this Agreement
in any manner other than as described in Section 35(a) or 35(b) above simply by
providing written notice of such amendment to Merchant, and such amendment shall
become effective on the latter of: (i) the date on which such written notice is received
by Merchant; or (ii) a date specified by Bank or JetPay in such written notice.
Any and all amendments to this agreement shall not take effect until each of the parties to this
Agreement agree in writing to such amendment(s).
36. Assignment. This Agreement may not be assigned by Merchant without the prior
written consent of Bank and JetPay. Bank or JetPay may assign this Agreement.
Assignment of this Agreement by Bank shall relieve Bank of any further obligations
under this Agreement.
37. Financial Accommodations. Bank, JetPay and Merchant intend this Agreement to be
construed as a contract to extend financial accommodations for the benefit of
Merchant.
38. Cooperation. in their dealings with one another, each party agrees to act reasonably, in
good faith, and to fully cooperate with each other in order to facilitate and accomplish
the transactions contemplated hereby. Merchant agrees to allow JetPay to use their
name in proposals, brochures, banners, and press releases, which may be used to
promote JetPay.
39. Entire Agreement. This Agreement, together with the Merchant Application and
Agreement and all exhibits and schedules attached hereto or thereto including Request
for Proposal # 18-041 and JetPay's proposal in response to Brazos County RFP # 1S-
041, supersedes any other agreement, whether written or oral, that may have been
made or entered into by any party (or by any officer or officers of any party) relating to
the matters covered herein and constitutes the entire agreement of the parties hereto.
JetPay agrees that in the event of differing and conflicting terms within what is
considered to be the "entire agreement', Brazos County's terms contained in the RFP #
18-041 shall control.
40. Severability. If any provisions of this Agreement shall be held, or deemed to be, or shall
in fact be, inoperative or unenforceable as applied in any particular situation, such
circumstance shall not have the effect of rendering any other provision or provisions
herein contained invalid, inoperative or unenforceable to any extent whatsoever. The
invalidity of any one or more phrases, sentences, clauses or sections herein contained
shall not affect the remaining portions of this Agreement or any part hereof.
41. Notices. Except for notices provided by Bank or JetPay to Merchant on the Merchant
Statement, all notices, requests, demands or other instruments which may or are
required to be given by any party hereunder shall be in writing and each shall be
deemed to have been properly given when (i) served personally on an officer of the
party to whom such notice is to be given, (ii) upon expiration of a period of three (3)
Business Days from and after the date of mailing thereof when mailed postage prepaid
by registered or certified mail, requesting return receipt, or (iii) upon delivery by a
nationally recognized overnight delivery service, addressed as follows:
If to BANK:
Address listed on Acquirer Discloser
With a Copy to:
JETPAY
If to JETPAY:
JETPAY:
ATTN: Christopher F. Battel
316 S. Baylen Street, Suite 590
Vol._ Pg. ��6-
Pensacola, FL 32502
If to MERCHANT:
Address listed on Merchant Application
Any party may change the address to which subsequent notices are to be sent by notice
to the others given as previously mentioned.
42. Governing Law. This Agreement shall be governed and construed is accordance with
the laws of the State of Texas and Brazos County, without regard to internal principles
of conflict of laws, and federal law.
43. Captions. Captions in this Agreement arc for convenience of reference only and are not
to be considered as defining or limiting in any way the scope or intent of the provisions
of this Agreement.
44. No Waiver. Any delay, waiver or omission by Bank or JetPay to exercise any right or
power arising from any breach or default of the other party in any of the terms,
provisions or covenants of this Agreement shall not be construed to be a waiver of any
subsequent breach or default of the some or any other terms, provisions or covenants
on the part or the other party. All remedies afforded by this Agreement for a breach
hereof shall be cumulative.
45. Force Majeure. The parties shall be excused from performing any of their respective
obligations under this Agreement which are prevented or delayed by any occurrence
not within their respective control including but not limited to strikes or other labor
matters, destruction of damage to any
rs, accients, riots
any regulation, rule, law, ebuilding,
ordinanceor orderof any federal stateor�localgo ernmentr
authority.
46. ACR Processing. When requested by Merchant, JetPay will also provide ACH
processing services at the rates specified in Exhibit A. Merchant agrees that
information supplied in this application may be used to establish a separate
credit
account. If this service is requested, Merchant understands that a personal
review may be deemed necessary and authorizes such an action. Merchant agrees that
Bank and JetPay may deduct processing fees from the Operating Account or Reserve
Account on a daily basis unless a monthly basis is specified on Exhibit A. Merchant also
agrees to pay Bank or JetPay the amount of any fees, charges or penalties assessed
against Bank or JetPay. Merchant agrees to abide by all National Automated Cleariuse
ng
House Association (NACHA) rules and regulations governing ACH processing
of their networks.
47. Honoring Cards.
Merchant will accept all valid Cards when properly presented by Cardholders in
payment for goods or services, subject to American Express, Visa, MasterCard and/or
Discover Network rules and/or regulations requiring Merchant to elect whether it will
pg. �% 1
accept credit only, debit only or both debit and credit Cards. Merchant may not (i)
indicate or imply that the Card Associations endorses any Merchant goods or services,
(ii) refer to a Card Association in stating eligibility for Merchant's products, services or
membership, or (iii) use any marks, symbols or logos owned by any Card Association
for any purpose other than those permitted in the Card Association Operating Rules.
48. Important Merchant Responsibilities.
(a) Ensure compliance with payment card industry data security standard (PCI DSS)
requirements.
(b) Maintain fraud and chargebacks below Card Association thresholds.
(c) Maintain an active data breach insurance policy with at least fifty thousand dollars
($50,000) in coverage per incident.
(d) Review and understand the terms of the Merchant Agreement.
(e) Comply with all Card Association Operating Rules.
(f) Review the JetPay web site for changes in rules, regulations and or rates. Follow
all card acceptance procedures.
(g) The responsibilities listed above do not supersede the terms and conditions of this
Merchant Agreement, and are provided to ensure the Merchant understands their
important obligations. The Card Associations are the ultimate authority whereas the
Merchant must operate within the card acceptance procedures. Any questions should
be directed in writing to JetPay
49. Incorporation of JetPay Proposal
Merchant's Request for Proposal 18-041 and JetPay's proposal response to RFP # 18-041 is hereby
incorporated by reference to the terms and conditions of this Agreement
19
vol. a �3 Pg. 60
Exhibit A
Boarding Set Up
1. CIS SYSTEM UTILIZED:
2. WEB MODULE UTILIZED
3. IVR SYSTEM UTILIZED:
4. POS SYSTEM UTILIZED:
S. POS DEVICES UTILIZED:
S. Merchant Category COde:
7. FEES:
Set Up Fees $0.00
FIXED Recurring Fees (monthiylannual) $0.00
ACCOPU09 Cradit and Debit Cards
Transactional Fees 200%+$02511eriranssction
'Fees to be paid by Payer
Accepting eChecks
Transactionat Fees $050 pere-Cheek -
*Fees lobe paid by Pa er
Re.presentment count
Terminals for Point of Sale
pnslOn
erto 55 iods. In pax S300
Jew r �gbe responReaders sible Ifo he maintenance aed at no cost nd replacementthis o% any defective olr nong 1perodle EMV
reedor during the Term of this ConNecL
Miscellaneous Fees
Charge -backs (credit cards) $10.00 Paid by CLIENT
NSF (R01) eChedc RetumS $20.00 Paid by PAYER
Vol. pg.
tPa
Payments 1 HR I Payroll 1 Partners
Exhibit B
Jetlpay's software Integration Plan for Brazos County
JetPay's plan for integration with customer information and other software systems includes setting up an
organizational meeting(s) between the appropriate technical staff of JetPay, the County and any third party
software system. The primary agenda items of the organizational meeting include identifying the overall system
requirements in consideration of the County's desired end customer experience and PCI scope- The County
determines the user interface(s) that the end customer is on during the entire session—just one user interface (fully
hosted) or customerstarts on one user interface then is re -directed to JetPay when payment information is entered
(re -direct). As such, the County must clearly direct any third party software system and letpay how it requires
payment processing to occur.
For bill -pay Payment types (court fines, property tax, DMV, etc.), JetPay recommends a fully hosted solution to
maintain uniformity of the customer experience, and because JetPay is in complete control of the development
schedule. Alternatively, if the County prefers a third party user interface for specific payment types, then JetPay
recommends the payment re -direct Integration in which the customer is re -directed with the shopping cart
information to JetPay's payment pages when payment information is entered.
Under a fully hosted integration, all activity associated with accepting/submitting a payment is on JetPay's web
pages/user interface and servers. The customer starts on the County's website and clicks on a button, i.e. Pay Bill,
where the customer is then directed to JetPays fully hosted user interface to select the account(s) to put in the
shopping cart and to make a payment. All payment information is solely on JetPay's screens which limits the PCI
scope and risk of the County. To support a fully hosted integration, JetPay will develop an interface to your or a
third -party vendor's software. JetPay prefers to utilize real-time web service calls using a REST API to the system
that holds the customer information. Alternatively, if no API is available, JetPay will then work with County IT to
create an automated file import/export process via.SFTP. JetPay imports a file into our system to support account
validation and real-time payment authorization. letpay creates an export file that can use an automated process,
on a time interval acceptable to the County, to post back all transaction data to the County's systems. Under the
Fully Hosted integration, JetPay is in complete control of the development schedule, and can ensure that the
boarding process will be conducted within our established timeframe. Further, JetPay is responsible for all of the
cost of developing this Integration.
Under a payment re -direct integration, the County or a third -party software vendor develops the interface to
JetPays processing platform. The customer remains on the County's user interface until payment information is
entered, at which point, they are re -directed to JetPay's user interface and servers to complete the transaction.
This integration also limits the County's PCI risk by maintaining all customer payment data and banking information
on JetPay's user interface and servers. The payment is processed in real-time on JetPay's user interface and then
upon successful completion of the payment transaction, the customer is re -directed back to the third party
software system or County's website. Under the payment re -direct integration, JetPay will collaborate with the
County or third -party software partner on developing the interface using JetPay's API. JetPay supports a REST API
(haps-//star'e collet[orsalutlons.com(maeic-api/1 which provides documentation, definitions, code samples, and
an efficient interface to more easily and efficiently integrate to the Magic platform. JetPay uses the swagger.io
framework (htt s: sta e.collectorsolu[ions.rom ma is -a ri/sway er ui index) which aides developers to easily
get started with the Magic REST API. To support third party software systems that are developing the interface to
Jetpay, JetPay commitstoprovide the appropriate AN functionality, clear documentation on how to use the All,
and responsive technical support including a dedicated technical resource.
Fol-
. ,.2�.L Pg-
316 S Baylon Dr. Ste 590 1 Pensacola, FL 132502
lelPaY��
G
I
Review/ Contract Evaluations/ Negotiations ..................................... December
Anticipated Award .............................. . ......................
....
............
O. 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 cont muViyated to any other F. n pr' r the official opening.
SIGNED BY: 1 a` vVy
4L TITLE:: h G47 y y l( (J t ]l
TYPEDNAME: Ia S� // / f
'' Cf.2 �.y yGtb ✓VIz CS lt�
COMPANY NAME: e��
PHONE:
�Sv-j- 33.LI
MAILING ADDRESS:
P. Box or Street
�SCAry h N - Zip
Canty
EMAIL ADDRESS:i�f t
VENDORTAX IDENTIFICATION NUMBER: q ti
END OF PROPOSAL REQUEST NO. 18-041
By signing below, Brazos County agrees that this RFP I8-041 will be awarded to the Vendor
whose name appears above and both parties agree to the to nd conditions contained herein.
By:
Brazos County Commissioner's Court
Date
Attest: Brazos County Clerk
Page ISoF24�Vol. „�rf3 P�•� ��_
PHARMACEUTICALS
CONTRACT
BRAZOS COUNTY PURCHASING DEPT.
200 S. Texas Ave., Ste. 352 Contract No. 1"94
Bryan, Texas 77803 Page 1 of 8 Pages
Telephone (979) 361-4294
GENERAL REOUIREMENT FOR CONTRACT
I Heather Hutchinson as a duly authorized representative of Contract Pharmacy
services, Inc. "Contractor' willingly attest to perform (or deliver) as per Exhibit A (Contract
Pharmacy's proposal) and Exhibit B (Brazos County's request for Proposal # 18-094) for Brazos
County. I further agree to all of the provisions and specifications contained in this contract.
ASSIGNMENT
The successful offeror may not assign, sell or otherwise transfer this contract without written permission
of Brazos County Commissioners Court. Should there be a change in ownership or management; the
contract shall be terminated unless a mutual agreement is reached with the new owner or manager to
continue the contract with its present provisions and prices.
AWARD
Brazos County reserves the right to award this contract on the basis of LOWEST AND BEST OFFER in
accordance with the laws of the State of Texas, to waive any formality or irregularity, to make awards to
more than one offeror, to reject any or all bids. The County reserves the right to accept or reject in part
or in whole, any IQs submitted, and to waive any technicalities for the best interest of the County.
CONTRACTOR'S RESPONSIBILITY
It is the Contractor'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 mast be completed
to include full firm name, mailing address, 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
Contractor agrees to comply with HB 1295, Government Code 2252.908. Contractor 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 Contractor, it is understood
that all the foregoing terms shall apply to the addendum or addenda.
CONTRACT OBLIGATION
I VOI.Y�—
Contract No. 18-094
BRAZOS COIJNTY, TEXAS Page 2 of 10 Pages
Brazos County Commissioners Court must award the contract and Brazos County Judge or other person
authorized by Brazos County Commissioners Court must sign the contract before it becomes binding on
Brazos County or the offerors. Department heads are NOT authorized to sign contracts for Brazos
County. Binding contracts shall remain in effect until all products and/or services covered by this
purchase have been satisfactorily delivered and accepted.
QUANTITIES
The quantities specified in this contract are estimates only. Brazos County does not guarantee to
purchase any minimum quantities or services other than those listed on a purchase order.
CONTRACT RENEWALS
Renewals may be made ONLY by written agreement between Brazos County and the offeror. Any and
all price escalations shall not be accepted and shall be considered a non -response.
HOLD HARMLESS AGREEWlENT
Contractor, the successful offeror, shall indemnify and hold Brazos County barmless 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 terns of this contract. Certification of such coverage must be provided to Brazos County upon
request.
INSPECTIONS & TESTING
Acceptance of merchandise, work, and/or equipment provided shall be made by Brazos County at the
sole discretion of the Commissioners Court when all terms and conditions of the contract and
specifications have been met to its satisfaction, including the submission to Brazos County of any and
all documentation as may be required. Title and Risk of Loss of the goods shall not pass to Brazos
County until the County actually accepts and takes possession of the goods at the point or points of
delivery.
ADDITION/NSODII;'ICATION 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
Vol.
Contract No. 18-094
BRAZOS COUNTY, TEXAS Page 3 of 10 Pages
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.
PRICING
Prices for all goods and/or services shall be firm for the duration of this contract and shall be stated on
the Pricing/Delivery Information form. Prices shall be all inclusive: No price changes, additions, or
subsequent qualifications will be honored during the course of the contract. All prices must be
written in ink or typewritten. Pricing on all transportation, freight, drayage and other charges are to be
prepaid by the Contractor and included in the bid prices. If there are any additional charges of any kind,
other than those mentioned above, specified or unspecified, offeror MUST indicate the items required
and attendant costs or forfeit the right to payment for such items. Where unit pricing and extended
pricing differ, unit pricing prevails.
TAXES
Brazos County is exempt from all federal excise, state and local taxes unless otherwise stated in this
contract. Brazos County claims exemption from all sales and/or use taxes under Texas Tax Code
§ 151.309, as amended. Texas Limited Sales Tax Exemption Certificates will be famished upon written
request to Brazos County Purchasing Agent.
GOVERNING FORMS
In the event of any conflict between the terms and provisions of these requirements and the
specifications of the. Exhibits, the specifications shall govern. In the event of any conflict of
interpretation of any part of this overall contract, Brazos County's interpretation shall govern. In the
event of a conflict between the terms, conditions, provisions, and specifications of this contract and any
other terms, conditions, provisions, and specifications provided by the Contractor; the terms of this
contract shall supersede.
GOVERNING LAW
This bid solicitation is governed by the competitive bidding requirements of Brazos County Purchasing
Act, Texas Local Government Code, §262.021 et seq., as amended. Offerors shall comply with all
applicable federal, state and local laws and regulations. Offeror is further advised that these
vol. X 73 Pg. Z -57e/
Contract No. 18-094
BRAZOS COUNTY, TEXAS Page 4 of 10 Pages
requirements shall be fully governed by the laws of the State of Texas and that Brazos County may
request and rely on advice, decisions and opinions of the Attorney General of Texas and Brazos County
Attorney concerning and portion of these requirements. Potential vendors are advised they may have
disclosure requirement pursuant to Texas Local Government Cade, 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. Contractor 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
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 famished 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
Va. �7L__ pg. 9S�
BRAzos COUNTY, TEXAS
Contract No. 18-094
Page 5 of 10 Pages
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:
(1) Statutory Workers Uompensatron insurance wrm nm1310yers taauiuiy uIbm=uc M we a Ui L ".
$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. 401.011)
(2) Commercial General Liability Insurance with a $ 2,000,000 Combined Single Limit. The policy
shall be on the Comprehensive General Liability 1986190 occurrence form, and shall include
coverage for acts of independent contractors, and shall name Brazos County as an additional
insured. Waiver of subrogation is required. No claims made policies are acceptable without
prior approval by the Commissioners CourMsk Management.
(3) Automobile Public Liability hrsurance 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.
COVERAGESIWAGES
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
vol. A, z73 p9,
Contract No. 18-094
BRAZOS COUNTY, TEXAS Page 6 of 10 Pages
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 shall be deemed received when sent postage prepaid U.S. Mail to the
following addresses:
BRAZOS COUNTY:
Brazos County, Texas
Duane Peters, Brazos County Judge
200 South Texas Avenue, Suite 332
Bryan, Texas 77803
CONTRACTOR:
Sales Contact Name: Phone Number: Billing Info:
Warrington, Pennsylvania 18976
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.
Contract No. 18-094
BRAZOS COUNTY, TEXAS Page 7 of 10 Pages
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 Goverment. 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.
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.
INDENE4IFICATION
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.
INTER -LOCAL COOPERATION AGREEMENTS
The Contractor agrees to extend prices and terms to all entities that has entered or will enter into joint
purchasing inter -local cooperation agreement(s) with Brazos County.
Vol. %3 P9. '2�-- gkl,-
Contract No. 18-094
BRAZOS COUNTY, TEXAS Page 8 or 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 — Bloeking 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.ganLgov),
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.sanLgov.
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, 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: Contract Pharmacy Services, Inc.
Authorized Company Representative: Heather Hutchinson
Date: May 24, 2018 Contract #:18-094
Vol.%3 ply,
BRAZOSCOUNTY, TEXAS
Contract No. 18-094
Page 9 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 been communicated to any other vendor prior to the official opening of this
bid.
r(h
Signed By: �7: /�----� Title: Chief Operating Officer
Typed Name Heather Hutchinson_
Company Name: Contract Pharmacy Services, Inc. Phone No. (800) 555-8062
Email Address: hhutchinson@oontractph_armacy.com
Mailing Address: 125 Titus Avenue
P. O. Box or Street
Employer Identification Number:
23-2013561
Social Security Number: 187-68-8497
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CERTIFICATE OF INTERESTED PARTIES FORM 1295
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Complete Nos. l - 4 and 6 if there are Interested parties.
Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties.
OFFICE USE ONLY
CERTIFICATION OF FILING
1 Name of business entity filing form, and the city, state and country of the business enthy's place
of business.
Certificate Number:
2018-358537
Contract Pharmacy Services, Inc.
Warrington, PA United States
Date Filed:
05/2412018
Dale Acknowledged:
2 - Name of govemmenfall entity or state agency that Is a party to the contract forwhlch the forms
being filed.
Brazos County
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 underthe contract.
18-094
Pharmaceuticals
Nature of interest
4 - time of Interested Party
City, State, Country (place of business)
(check applicable)
Controlling
Intermediary
5 Check only If there Is NO Interested Party. X
6 UNSWORN DECLARATION
My name is o - y�G( f �gqyyT<.,C� iii t LII and my date of birth is _ - 11�
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10yaddressis
(street) (city) (stale) (zip rode) (country)
I declare under penalty of perjury that the foregoing is we and correct.
Executed in �l1C 5 County, State of RePlAT on the Iday of MA �'2018 .
(year)
-� Signature of authorl,,4dIdgentof contracting business entity
(Declanlnl)
Forms provided by Texas Ethics Commission wvaw.etmlcs.state.tx.us
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CERTIFICATE OF LIABILITY INSURANCE DATE(MMMD"YYn
01/11/2018
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERIS), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policylles) must be endorsed. If SUBROGATION IS WAIVED, subject to the
terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in UGU of such endomemont(s),
- -'""� ."------� CONTACT
PRODUCED NAME:
SALLYPHONE
11880 KENNEDY
.INC, No, Exy: __ -"IIAIC No); COLLEGE BLVD STE 500 EMAIL - ---
OVERLAND PARK XS 66210-1224 II ADDRESS:
PRODUCER
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CONTRACT PHARMACY SERVICES INC INSURER B: _ _ -
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WARRINGTON PA 18976-2424 INSURER D: !
INSURER E:
INSURER F:
._._ __..
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY
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TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT
TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
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A� D CERTIFICATE OF LIABILITY INSURANCE
DA TE(MIMIDfYYYQ
911112'017
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certifleate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder In lieu of such endomementfs .
PRODUCER
BEAM Insurance, Inc.
122 N. York Road Suite 5
Hatboro PA 19040
cONTaCT
NAME: ___Patti Egan
PHONE 215-682_9950 x104_ —TP"J` 215-682-9948
:Ia,c;Nn,.E=H-_-- .�–..----.--LtA,G•.No1:_.
E-MAILD6s: Patti@beamins.corn -----
INSURERtS)AFFORDINGCOVERAGE__ "Co _
WVDI
1
'
i
.A,LIBERTY MUAL GROUP — 123043
INSURERUT
INSURED CONTR-2
INSURER B:
_
INS
CONTRACT PHARMACY SERVICES INC
125 TITUS AVENUE
WARRINGTON PA 18976
__ "_-- —`---- _--
INSURER
INSURER F :
ir�rA rc unaaoco• 91359-10Bil REVISION NUMBER:
COVEM"na. vu� a v....-........
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE
INDICATED. NOTWTHSTANDING ANY REQUIREMENT,
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.
�...
LISTED BELOW HAVE BEEN
TERM OR CONDITION OF ANY
THE INSURANCE AFFORDED BY
LIMITS SHOWN MAY HAVE BEEN
ISSUED TO
CONTRACT
THE POLICIES
REDUCED BY
THE INSURED
OR OTHER
DESCRIBED
PAID CLAIMS.
NAMED ABOVE FOR THE POLICY PERIOD
DOCUMENT WITH RESPECT TO WHICH THIS
HEREIN IS SUBJECT TO ALL THE TERMS,
(LTR
A
"_AbbE1GOBR
1, TYPE OF INSURANCE
X 1 COMMERCIAL GENERAL LIABILITY
— I--
J CIAIM5-MADE �% OCCUR
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!
WVDI
1
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POLICY NUMBER
i BOP1572682
I
j
POLICY EFF
IIMMIDDIYVYY
19/15/2017
POLICY E%P
IIMM10Dr11'YY
1911512018
I
!
LIMITS
EACHOCCURRENCE _ _111,000,_0.00 _
IDWAGETORETNTED
P EMj_SES LEaaaurrencej- 1550,000
MEO E%�Any aoa personL1�55,C00 -.
_
! PERSONAL B ADV INJURY I S
A
((
I
BA1572679
I
19/15/2017
I
)
9/15/2016
1 GENERALAGGREGATE'$2,000,000
ENL AGGREGATE LIMIT APPLIES PER:
POLICY )ELT D LOC
I 1 OTHER:
AUTOMOBILE LIABILITY
--.
IX I ANY AUTO
ALL OWNED ( SCHEDULED
_ AUTOS I__. AUTOS
NON-OWNEO
X J HIRED AUTO6 X AUTOS
_
PRODUCTS-COlAP/OP AGG 8
5
{Ea aedtlenl)e_ 'nu"JI $1,000000
BODILY INJURY (Per Parson) I$
III BODILY INJURY (Por acdtlent) 5
F PROPERTY-OAMAG
PereaJds01 1S
S
A
(
UMBRELLA UAB 1 !OCCUR
E)(CESS UAB 1 CIAIMS_NAU.,!
1CU8718830
!
9/15/2017
1 9/15/2018
EACH OCCURRENCE 1 $6,000,000
_
AGGREGATE S
1 -DI ED ;x I RETENMO-NS10,000
WORKERS COMPENSATION i
I AND EMPLOYERS' LIABIUTY Y/N,
ANYPROPRIETORIPARTNDED? CUTIVE INIA'I
in N REXCLUDED] �I
(Mandatory in NH) I
d0ambe urMer
DESCRIP'JGN OE OPERATION6 ba!aw I
$
[_jSTA UTE. I I OTH
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1
1
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EL EACHADMOC 3 _
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.L DISEASE -POLICY LIMIT �S
A 1
A I
I
EQUIPMENT FLOATER
PHARMACIST LIABILITY
j
i
�BOP1572682
SMO (17) 56938401
10123/2016
9/1512017
t
10/23/2017
9/15/2018
1( SCHEDULED EQUIPMENT 133,145
(LIABILTY LIMIT 1,000,000
I
DESCRIPTION OF OPERATIONS /LOCATIONS J VEHICLES (ACORD 101, Addillonal Remarks Schedule, may be aaached If mom space Is re0uiredl
EVIDENCE OF COVERAGE
FOR: JAIL PHARMACEUTICALS
BRAZOS COUNTY PURCHASING DEPARTMENT
200 SOUTH TEXAS AVE
SUITE 352
BRYAN TX 77803
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATNE
F_Td•TT
ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD
X303
COMMISSIONER COURT MINUTES OF
MAY 2% 2018
ARE CONTINUED IN VOLUME 274 PAGE 1
Vol. L-7.3 P9.
COMMISSIONER COURT MINUTES OF
MAY 2 9, 2 018
ARE CONTINUED FROM VOLUME 273
va. Pp. �_
Leslie L. Williams
From:
Edward C. Bull
Sent:
Wednesday, May 23, 2018 2:33 PM
To:
Leslie L. Williams
Cc:
Bruce L Erratt
Subject:
RE: Pharmaceuticals
Approved as to Form.
Ed Bull
Edward C. Bull IV
Assistant County Attorney
Brazos County, Civil Division
300 E. 2611 Street Suite 1300
Bryan, TX 77803
(979)361-4307
From: Leslie L. Williams
Sent: Wednesday, May 23, 2018 2:13 PM
To: Edward C. Bull
Subject: Pharmaceuticals
1 Vol.! __. c•9 7
SAMPLE PRICING FOR RFP R 18-094 Pharmaceuticals
Contract Pharmacy
Blister Packaging
Strip Pa
AWP - Option(
Cost - Option 2
AWP -Option(
Quantity of
AWP
Accual
Total Cost for
AWP
Total cost for
capsules,
g of
percentage
Total cost Cor
A uisilion
4
Est. uanit and
Q y
percentage
Est. Quantity A,
Drug Name/DosagdForm
tablets, Pasfilledo
discount
Fst. Quantity
Cosnper
q of fills
discount
Strip Otion l
as filled
pricing per
ricin
P g
vials, Etc.
358
19
unit
$0.3203
$114.67
50.1573
$99.08
30.3203
$714.67
ARIPIPRAZOLE 5MG TAB
$0.3413
$432.7760
$0.7573
$465.00
$0.3413
$ 60
ARIPtPRAZOLE IOMG TAB
1,268
118
$7.0805
$o.vg7
$8.1680
$0.3372
$7.080
$7.0805
ARIPIPRAZOLE I5MG TAB
21
2
$0.3372
$0.4530
$368.7033
80.1800
$216.2700
$0.4530
$368.7033
ARIPIPRAZOLE 20MG TAB
814
31
$0.0133
$125.0528
$0.osn
$1,105.69
$0.0133
$125.0528
AMOXICILLIN 500MG CAP
9,386
230
1
$279.3056
$279.3056
$z7a.e400
$277.0900
$2793056
$279.31
APLISOL(SML)VIAL
5 ML
$0.0277
$31 L7871
$0.8330
$650.0190
$0.0277
$311.7871
ATENOLOL 50MG TAB
11,243
124
$0.2724
$124.7722
$Loszo
$596.5660
$0.2724
$124.7722
AZITHROMYCIN 250MG
458
51
$0.5449
$36.5054
50.881]
$101.8217
$0.5449
$36.5054
AZITHROMYCIN 500MG
67
19
$0.0173
$29.1782
$o.u3o
$371.0830
$0.0173
$29.1782
BENZTROPINE2MGTAB
1697
80
$0.0073
$1GL2260
_.
$0.007
CLONIDINEO.IMGTAB
22111
50
50.0108
$76.7859
_So,oisz.,,
So.ln7
,,,,$458.9057
$1,4479017
$0.0108
376.7859
7123
290
$LG506
$0.0337
$7.5300
$0.0183
$1.6506
CLONIDINEO.3MGTAB
90
2
$0.0183
$0.0382
$316.5560
$0.0237
$1,141.0783
$0.0382
$3(6.5560
CYCLOBENZAPRINE IOMG TAB
8285
420
50.1196
$254.3582
$0.8903
$1,21 L 1987
$0.1196
$254.3582
DIVALPROEX SODIUM ER 500MG TA
2126
75
$263.38
80,0187
$870.3767
$0.0345
$263.3830
LISINOPRIL IOMG TAB
7645
337
$0.0345
$0.0369
$234.7669
50.x190
$802.7420
$0.0369
$234.7669
LISINOPRIL20MGTAB
6368
303
$0.0246
$fi0.8854
$0.0130
$40L1230
$0.0246
$60.8854
METFORMIN HCL 500MG TAB
2471
164
$0.3269
$19.6168
$7.5583
$458.0000
$0.3269
$19.6168
METHYLPHENIDATE ER 18MG
60
2
$0.3491
$10.4734
57.9790
$241.6200
$0.3491
$10.4734
METHYLPHENIDATE ER 27MG
30
1
$03601
$10.8031
58.2303
$249.1600
$0.360!
$10.8037
METHYLPHENIDATE ER 36MG
30
1
$0.0396
$491.3955
80.0570
$1,754.2470
$0.0396
.5491.3955
NAPROXEN 500MG TAB
12421
465
$0.0336
$314.8153
$o.oan
$1,434.1250
$0.0336
$314.8153
OMEPRAZOLE20MGCAP
9363
464
480 GM
8
$gg.5632
$708.51
$53.9600
$449.6800
$88.5632
$708.5056
PERMETHRIN (60GM)5%CRM
TOTAL
Unknown
14
$146.2536
$2;047.55
$158.1800
$2,190.0200
$146.2536
$2,047.5504
QVAR INH 40MCG
32
$195.4488
$6,254.36
$206.4500
$6,678.4000
$195.4488
$6,254.3616
QVAR INH 80MCG
Unknown
$0.5413
$61.1667
$3.3637
$398.0943
$0.5413
$61.1667
STRATTERA 80MG CAP
113
8
$0.0418
$71.7351
$0.9543
$1,731.7947
$0.0418
$71.7351
THIORIDAZINE IOOMGTAB
1718
41
$0.0384
$353.8710
$0.1057
$2,133.5250
$0.0384
5353.8710
TRAZODONE IOOMG TAB
9225
515
$8.4330
$505.9824
$92333
$558.5000
$8.4330
$505.9824
VYVANSE20MGCAP
60
2
1204 GM
67
$45.2510
$3,031.82
$41.39x0
$2,923.8800
$45.2570
$3,03].82
VENTOLIN HFAUNH) 90MCG(18GM)
TOTAL
-""$1708154$31432168;.
$17081:54;
Regular delivery
Rush Delivery time
Rush Charge
Software/Licensing
Credit for un -used
Local Facility
,Inventory system
Contract Pharmacy
Diamond Pharmacy
Option 1-A Blister
Option 1-B Strip
Option 2-A Blister
Option 2.-B Strip (14 da
Option 1-A Blister
Option 1-B Strip
Option 2-A Blister
Option 2-B Strip
26%
26%
$2.25
$1.25
No Bid
22% plus $1.35 disp.
Fee
$2.60
$1.75
96.50%
96.50%
$2.25
$125
No Bid
90% plus $1.35 disp.
Fee
$2.60
$1.75
25-/125%
$2.25
$1.25
No Bid
22% plus $1.35 Disp.
Fees for Brand; 90%
plus $1.35 for Generic
$2.60
$1.75
N/A
N/A
N/A
N/A
No Bid
22% plus $1.35 Disp.
Fees for Brand; 90%
plus $1.35 for Generic
N/A
$2.60
1 day (by 10am next day)
1 Day
2 hours
Typically with in 2 hours from local pharmacy
No additional Charge other than cost of medication (if using local backup Pharmacy)
Pass through cost of the priced invoiced to Diamond from the backup and any local couriers
No software licensing charge
Sapphire CPOE/emMAR will be provided at nbo additional cost if all meds are purchased
Yes
Yes
No, vcontracted backup Pharmacy is used
No
No
Yes
Recommended d: Contract Pharmacy
�;Ajrovt
by Co missioner Court on this day of 2018( pby� �/�f���111
__ holding the position of S Cru ` rs s+l
RFP # 18-094 Pharmacueticals
Category
Implementation
Fees/Pricing Structure
Proposed Functionaltity, Performance and Services
References
Total Points
Available P
10
40
30
20
****Diamond Pharmacy is considered non-responsive and was not considered for award. Brazos County
requested clarification of pricing for how it was calculated. This is when Diamond realized the pricing was
incorrectly calculated and requested to show the corrected pricing which could not be accepted.****
Recommended Award: Contract Pharmacy
Approved y omm' day of 2018 by
hol g the position of —
S CC, t 4 y_
2
3
4
y
6
HOT MIX ASPHALT
June 29, 2018 through June 28, 2019
Description
QTY
Brazos Paving Inc.
Knife River
Larry Young Paving
Century Asphalt
D -GR HMA Type D, 1.50" min. thick,
compacted and placed less than 1000 tons
2,000
$10.60
$9.65
59.33
Totals
SY
$21,200.00
$19,300.00
$18,660.00
$0.00
Product Name
Type D HMAC
Ty -D PG 64-22
Type D PG 64-22
Product Number
BPI 1701
39417
Knife River 39417
rt
�•. i,X5�.i2 �.Y ',Q .JH x1x�S S�H...::'-/11 3na4
xi. 1. ..Y
p
ai�fl rtil..L.i(-F4L.:.:-R
)r`'il�C �.. u'.h H'..... lr";l' ,'11.:.1. r.1 .j<t ,sv{��✓�! '45
D -GR HMA Type D, 1.50" min. thick,
compacted and placed exceeding than
1000 tons
13,000
$7.85
$6.30
$6.88
Totals
SY
$102,050.00
$81,900.00
589,440.00
- $0.00
Product Name
Type D HMAC
Ty -D PG 64-22
Type D PG 64-22
Product Number
BPI 1701
39417
Knife River 39417
L
ist�-F K.� _Y ,s>.'ti`.3 JK.. .. rl a.4l fik.. '➢f tE .vx
k.� L$ Yf
3+�w^ Yn lin r"ii .. Y'4i y,•_.yb[.:'E..
?e:.'::`'E 'r`'r.� L irSw
y`�'ry ?' fFV SSS. Hi
D -GR HMA Type D, 2.00" min. thick,
compacted and placed less than 1000 tons
2,000
$12.50
$11.85
$11.15
TotalsSY
$25,000.00
$23,700.00
$22,300.00
$0.00
Product Name
Type D HMAC
Ty-]) PG 64-22
Type D PG 64-22
Product Number
BPI 1701
39417
Knife River 39417
.w
6+ay
I e y
.'u=i3''ry
D-GR HMA Type D, 2.00" min. thick,
compacted and placed exceeding 1000 tons
9,600
$10.00 $8.40
S8.69
Totals
SY
$96,000.00 $80,640.00
$83,424.00
$0.00
Product Name
Type D HMAC Ty -D PG 64-22
Type D PG 64-22
Product Number
BPI170139417
Knife River 39417
D -GR HMA Type C, 2.00" min. thick,
compacted and placed less than 1000 tons
27,000
$11.20 $11.00
$8.48
Totals
SY
$302,400.00 $297,000.00
$228,960.00
50.00
Product Name
Type C HMAC Ty -C PG 64-22
Type C PG 64-22
Product Number
BPI 1702 39410
Knife River 39410
Jxrc, r� j" h ..6 fr'ry ti. .c' f_$�..rl t.f i
t t' } 1 v.lY
t 2p 1 'ifi a"' d V� -Ni' 4 A [, _: .}nom. 5
Y T'� 5 3 7 _. S Y .I`w $'6 1 'a[. •Y
u
Tj
D -GR HMA Type C, 2.00" min. thick,
compacted and placed exceeding 1000
tolls
18,000
$11.00 $8.15
$8.42
10
HOT MIX ASPHALT
June 29, 2018 through June 28, 2019
Totals SY $198,000.00 $146,700.00 $151,560.00 $0.00
Product Name IType C HMAC Ty -C PG 64-22 Type C PG 64-22
Product Number I BPI 1702 139410 Knife River 39410
5 -
TOM -C, 1.00" min. thick, compacted and
TOM -C,
laced less than 1000 tons 2,000
$10.00 $8.60 $9.69
TotalsSY
$20,000.00 $17,200.00 $19,380.00
$0.00
Product Name
TOM -C TOM -C PG 76-22 TOM C PG 76-22
Product Number
JBPI 1705 139422 Knife River 39421
TOM -C, 1.00" min. thick, compacted and
laced exceeding 1000 tons
19,000
$7.00 $6.00
$7.14
Totals -
SY
$133,000.00 $114,000.00
$135,660.00
$0.00
Product Name
TOM -C TOM -C PG 76-22
TOM C PG 76-22
Product Number
BPI 1705 39422
Knife River 39421
.,.,,1.,
D -GR HMA Type B, 2.50" in. thick,
compacted and placed less than 1000 tons
2,000
$16.80 $14.00
512.40
Totals
SY
$33,600.00 $28,000.00
$24,800.00
$0.00
Product Name
Type B HMAC Ty -B PG 64-22
Type B PG 64-22
Product Number
BPI 1703 39405
Knife River 39405
3'. �':"v, °.u¢ r.•s :":im 7 x
�.+. r.' f.¢
. '^, y , ,_4,C77` ''�a
D -GR HMA Type B, 2.50" min. thick,
compacted and placed exceeding 1000 tons
32,500
$12.00 $9.90
$10.68
Totals
SY
$390,000.00 $321,750.00
$347,100.00
5.00
Product Name
Type B HMAC Ty -B PG 64-22
Type B PG 64-22
Product Number
BPI 1703 39405
Knife River 39405
D -GR HMA Type B, 3.00" min. thick,
compacted and placed less than 1000 tons
2,000
$19.00 $14.75
$14.14
Totals
SY
S38,666MI $29,500.001
$28,280.00
$0.00
Product Name
Type B HMAC Ty -B PG 64-22
IType B'PG 64-22
Product Number
BPI 1703 J39405
Knife River 39405
.Xri, �, ,ff�, dam,. >3�. .�' .? ✓ -'�-.: ti 4� <�_'-. % eC2 �.. ^' a, . 2 la a`
12
13
14
Dod itaouti S+Ury la-iti
HOT MIX ASPHALT
June 29, 2018 through June 28, 2019
D -GR HMA Type B, 3.00" min. thick,
compacted and placed exceeding 1000 tons
15,550 $14.80 $11.80
$12.78
Totals
SY S230,140.00 $183,490.00
$198,729.00
$0.00
Product Name
Type B HMAC Ty -B PG 64-22 Type B PG 64-22
Product Number
BPI 1703 39405 Knife River 39405
TOM -C, 1.00" min. thick, compacted and
placed per city of College Station
4000 $108.00 $114.40
$113.00
Totals
Tons $432,000.00 $4571600.00
$452,000.00
$0.00
Product Name
TOM -C TOM -C PG 76-22 TOM C PG 76-22
Product Number
BPI 1705 39422 Knife River 39421
Hot Mix
100
a. D -GR HMA Type D
$60.75 $58.00
$65.00
$56.00
Totals
Tons $6,075.00 $5,800.00
$6,500.00
$5,600.00
b. D -GR HMA Type C
$60.75 $57.00
$65.00
$55.00
Totals
Tons $6,075.00 $5,700.00
$6,500.00
$5,500.00
c. D -GR HMA Type B
$63.00 $56.00
$64.00
$54.00
Totals
Tons $6,300.00 $5,600.00
$6,400.00
$5,400.00
-
-379,
Plant Location
7601 W. Hwy 21,W 6310 State Hwy 21 West 6310 State Hwy 21
Bryan, TX Bryan, TX 77807 Bryan, TX 77807
West
9514 FM Navasota,
TX 77868
Delivery
1 day J week 2 days
24 hours
Notes :
will not have a bid bond
Grand Totals
$2,039,840.00 $1,817,880.00 $1,819,693.00
$16,500.00
Recommended Award: Knife River: Items - 2, 4, 6, 7, 8, 10, 12, 14
Larry Young Paving: Items -1, 3, 5, 9, 11
Brazos Paving Inc : Item
-�� 1�3, 1for the City of College Station
pro d by=issioneP;s�!�rtthiis 2_ day of _ ►1 fly ,,n2018 by
holding the position of�0 V J
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT(S) FOR THE 2017-2018 BUDGET YEAR
NO. 17/18 34.1— 34.7
On this the 29th 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 Berry, Commissioner, Precinct 3
E. Irma Cauley, Commissioner, Precinct 4
F. Karen McQueen, County Clerk
The following proceedings were held:
THAT WHEREAS, on 29th day of May 2018 the Courtheard and approved abudget amendment for
the 2016-2017 budget year for Brazos County, Texas; and
WHEREAS, expenditure is necessary due to the necessity to meet unusual andunforeseen conditions
which could not be reasonably included in the original budget adopted 5 September 2017, the following
amcndment(s) to the original budget are hereby authorized, as described on the attached page(s).
ADOPTED AND APPROVED this the 29th day of May 2018.
THE COWMISSIONERS COURT OF BRAZOS COUNTY, TEXAS.
By:
Q t" -
Duane Peters, Countyge
Original: County Clerk's Office and
Attached to the original budget
P9' --�
BRAZOS COUNTY
BRYAN,TEXAS
DEPARTMENT: Budget Office
NUMBER:
DATE OF COURT MEETING:
5/29/2018
ITEM:
Budget Amendments FY 17/18 34.1 - 34.7
TO:
Commissioners Court
FROM:
Irene Jett
DATE:
05/24/2018
FISCAL IMPACT:
False
BUDGETED:
False
DOLLAR AMOUNT:
$0.00
SOURCE OF FUNDS:
Individual budget amendments specifies sources.
ACTION REQUESTED OR
Request approval.
ALTERNATIVES:
ATTACHMENTS:
File Name
Description
34 Coversheet.pdf
34 Coversheet
341.pdf
34.1 IT
34.2.pdf
34.2 Brazos Center
34�
34.3 Elections
34.4. cd f
34.4 Voter Registration
34.5. pd f
34.5 R&B
34.6. led f
34.6 Expo Center
34pd
34.7 IT
Tvpe
Cover Memo
Backup Material
Backup Material
Backup Material
Backup Material
Backup Material
Backup Material
Backup Material
APPLICATION FOR TAX REFUND
Collecting Office Name
Brazos County Tax Office
4151 County Park Court Phone Number
Bryan Texas 77802 979-775-993(3
Collecting tax for. (ta)dng units)
Brazos County, City of Bryan. City of College Stallon
Bryan ISD, College Stenon ISD, F1, F2, F3, F4, City of Kunen
Navasota ISD
To appl for a tax refund, the taxpayer must complete the. following:
Stop 1:
COLLINS LUCILLE ANNE
Owner's name
4306 APACHE CT
andaddress
BRYAN, TX 778023501
Stop 2•
Descrlbothe--
property
Legal---WHEELERAIDGE PH 4_BLOCK9.LOT 4_
Address 4306 APACHE CT
Acct.# 48223
Stop 3:
Name of Taxing unit Tax Year Date of Amount Refund amt
Give the fax
of refund ant La'd_ amues ed
payment
Information
Zrefund 2017 1213112017 $1,069.004$7.,1,1
Taxpayers reason for refund: OP -Overpayment
Refund tol COLLINS LUCILLE ANNE
4306 APACHE CT
BRYAN, TX 778023501
Step 4:
37id
"l hereby apply for therefund of the above4escnbed taxes and certify[hat
the information Me given on this farm Is true and correct." •
/
5 grt;fie �� date, �`
If you make a false statement on this application, you could be found guilty of a
Class A misdemeanor or a state jail felony under Texas Penal Code Section 37.10.
Step 5:
Thistaxrefundis pproved - Disapproved
Tax refund
Authorized ofOcer
determination
sign hero> %A.
date> 5129
11%
Authorized officer of taxing unit for refund ap Ilcatlons over amount required under
Section 31.11 Tax Code
sign here>
date>
Vol. %5� Pg. /(
I
APPLICATION FOR TAX REFUND
Collecting Office Name
Brazos County Tax Office
4151 County Park Court Phc
Brazos Count' City of Bryan, City of College Station
Bryan ISO, College Station ISO, F1, F2, F3, F4, City of Kuden
Step 1:
Owners name
and address
DAVIS HENRIETTA
% DAA
1104 LINCOLN ST
BRYAN TX 77808-5543
Step 2:
Describe the
property
Legal CASTLE HEIGHTS, BLOCK 28, LOT 5
Address 1104 LINCOLN ST
4:
2017
appy for the refund of the above-described taxes and certify that
and;0etugt ;, =1,,1-11'71
if you make a false
Class A misdemea
Step 6: This tax refund is
determination [sign here>
on this application, you could bojound gully of
to fall felon under Toxas.Penal Code Section 37.10.
Vol.02. - , 1,_
APPLICATION FOR TAX REFUND
Collecting Office Name
Brazos County Tax Office
4151 County Park Court Phone Number
Ervan Texas 77802 879-775-9930
Callectirg tax for. (taring units)
Brazos County, City of Bryan, City of College Station
Bryan ISD, College Station ISD, F1, F2, F3, F4, City of Kurten
Navasota ISD
To apply for a tax refund, the taxpayer must complete the following: '
Stop 1:
Owners name
and address
SIX LISA LEMART ETAL
% BEARDEN DINAH
2940 CLEAR SPRINGS DR
PLANO TX 75075-7602
Step 2:
Describe the
property
Legal A001800, ALEX DE LA GARZA, TRACT 5, 50. ACRES
Address 11697 WALLIN
Acct.# 114811 Or Tax Receipt#
Step 3:
Name ogki unit Tax Year Date of Amount Refund amt
Give the tax
payment
of refund en - E Id Beguested
information
Zrefund 2017 2116/2018 $42.00 C$42 00
TOTAL $42.00
Taxpayers reason for refund: OVERPAYMENT
Refund tol DINAH J BEARDEN & DANIEL E BEARDEN & SHLEBY B SMITH
2940 CLEAR SPRINGS DR PLANO, TX 75075
Step 4:
. 51"�t�gnhg�f0 -
°I hereby appy for the refund of the above-described taxes and car* that
the Information I have olven on this form Is true and correct."
andaeUrrU x
sign heTe2, � �e.+���.�:?�._-�: E•-___ _. _
Ifyou make afalse statement on this application, you could be found guilty of a
Class A misdemeanor or a state )all felony under Texas Ponal Code Section 37.10.
Step 5:
This tax refund Is Approved Disapproved
Tax refund
Authorized o ear
determination
sign heme 444Zdats>
Authorized officer of taxing unit for refund applications over amount required under
Section 31.11 Tax Code
sign here>
date
►A
1�
DEPARTMENT:
DATE OF COURT MEETING
ITEM:
TO:
DATE:
FISCAL IMPACT:
BUDGETED:
DOLLAR AMOUNT.
ATTACHMENTS:
File Name
Tax Refund Applications 5-29-18.pdf
BRAZOS COUNTY
BRYAN,TEXAS
NUMBER:
5/29/2018
a. Dinah J Bearden & Daniel E Bearden & Shelby B Smith - Overpayment $42.00
b. Tracy Davis - Overpayment $34.82
c. Lucille Anne Collins -Overpayment $7.11
Commissioners Court
05/23/2018
False
False
$0.00
Description
Tax Refund Applications
Type
Backup Material
SUNGARD PENTAMATION
PAGE NUMBER: 1
DATE: 05/24/2018
BRAZOS COUNTY, TX
BJOURNII
TIME: 14:49:24
BATCH JOURNAL ENTRY EDIT LIST
CONTROL NUMBER
J E NUMBER DESCRIPTION
PERIOD/YR STATUS
RECORD FUND
DIV/FUND
ACCOUNT PROJECT ACCOUNT ITEM DESCRIPTION
DEBIT AMOUNT
CREDIT AMOUNT
05-24-18
060001 COPIER
LEASE JUNE 18 9/18 COMPLETE
346892 3000
424100
71500000 COPIER LEASE JUNE 18
93.43
346893 3000
3000
11005200 COPIER LEASE JUNE 18
93.43
346894 0100
0100
11005200 COPIER LEASE JUNE 18
93.43
346895 0100
0100
46049500 COPIER LEASE JUNE 18
93.43
TOTAL
JOURNAL ENTRY
186.86
186.86
TOTAL
CONTROL NUMBER
186.86
186.86
}Lf 4A4 At t�.4 tQ t{t 94iitkt{4_} t
Q t } 4ff9i9999if Cf At_-CAff 9f*}A{".tt*4**ttf t{}kt4ttf}i{4f}tQt9S Ofi tfd9ffff
t}dtfQliAtr4:'t{AA
WARNING CASH BALANCE FOR FUND 3000 EXCEEDED
CURRENT BALANCE IS -139926.40
TOTAL ENTRIES 93.43
PROJECTED BALANCE
-140019.83
ddddAh h44dhAQttrddddd4dfi dhdih 44 tdrt4d4}R
dfiQ rtfi fifi4rt4 dd9dfirtRfi dfi th 4R4R9nd ddRrtdd9ndd{A4drt4rthdrtfddddk dR dd vR4 dfidiid Rddd4Rdd/ddrth44*h
4it4 h.{hh4
TOTAL
REPORT
186.86
186.86
SUNGARD PENTAMATION
DATE: 05/24/2018
TIME: 14:44:54
CONTROL NUMBER J E NUMBER DESCRIPTION
RECORD FUND DIV/FUND ACCOUNT
346890 0100 30101100 61801000
346891 0100 0100 20452800
TOTAL JOURNAL ENTRY
TOTAL CONTROL NUMBER
TOTAL REPORT
BRAZOS COUNTY, T%
BATCH JOURNAL ENTRY EDIT LIST
PERIOD/YR STATUS
PROJECT ACCOUNT ITEM DESCRIPTION
GALVESTON 5.6-9.18
GALVESTON 5.6-9.18
PAGE NUMBER:
93OURNII
DEBIT AMOUNT
CREDIT AMOUNT
423.02
423.02
423.02
423.02
3,424.98
3,424.98
3,424.98
3,424.98
2
SUNGARD PENTAMATION
PAGE NUMBER
DATE: 05/24/2018
BRAZOS
COUNTY, TX
BJOURNII
TIME: 14:44:54
BATCH JOURNAL
ENTRY EDIT LIST
CONTROL NUMBER
J E NUMBER DESCRIPTION
PERIOD/YR
STATUS
RECORD FUND
DIV/FUND
ACCOUNT PROJECT ACCOUNT ITEM DESCRIPTION
DEBIT AMOUNT
CREDIT AMOUNT
05/24/18
050075 TRVL
REIMB- P GLIDEW
8/18
COMPLETE
346867 0100
30201100
61801000
GALVESTON 5.8-11.18
268.20
346868 0100
0100
20256200
GALVESTON 5.8-11.18
268.20
TOTAL
JOURNAL ENTRY
268.20
268.20
05/24/18
050076 TRVL
REIMB- C MCDERM
8/18
COMPLETE
346869 0100
30201100
61801000
GALVESTON 5.8-11.18
278.01
346870 0100
0100
20354100
GALVESTON 5.8-11.18
278.01
TOTAL
JOURNAL ENTRY
278.01
278.01
05/24/18
050077 TRVL
REIMB- D LAMPO
8/18
COMPLETE
346871 0100
30201100
61801000
GALVESTON 5.8-11.18
261.21
346872 0100
0100
20394700
GALVESTON 5.8-11.18
261.21
TOTAL
JOURNAL ENTRY
261.21
261.21
05/24/18
050078 TRVL
REIMB- T PICCOL
8/18
COMPLETE
346873 0100
30201100
61801000
GALVESTON 5.8-11.18
278.04
346874 0100
0100
20123410
GALVESTON 5.8-11.18
278.04
TOTAL
JOURNAL ENTRY
278.04
278.04
05/24/18
050079 TRVL
REIMB- 3 MATEJK
8/18
COMPLETE
346875 0100
30201100
65350000
GALVESTON 5.8-11.18
20.02
346876 0100
30201100
61801000
GALVESTON 5.8-11.18
253.50
346877 0100
0100
20485000
GALVESTON 5.8-11.18
273.52
TOTAL
JOURNAL ENTRY
273.52
273.52
05/24/18
050080 TRVL
REIMB- P CADENA
8/18
COMPLETE
346878 0100
11200200
61801000
LEAGUE CITY
5.7-9.16
98.00
346879 0100
0100
20397500
LEAGUE CITY
5.7-9.18
98.00
TOTAL
JOURNAL ENTRY
98.00
98.00
05/24/18
050081 TRVL
REIMB- K HARRIS
8/18
COMPLETE
346880 0100
30401100
61801000
GALVESTON 5.8-11.18
431.51
346881 0100
0100
20316600
GALVESTON 5.8-11.18
431.51
TOTAL
JOURNAL ENTRY
431.51
431.51
05/24/18
050082 TRVL
REIMB- N SPILLA
8/18
COMPLETE
346882 0100
11200200
61801000
LEAGUE CITY
5.7-9.18
240.79
346883 0100
0100
20112260
LEAGUE CITY
5.7-9.18
240.79
TOTAL
JOURNAL ENTRY
240.79
240.79
05/24/18
050083 TRVL
REIMB- R CORWIN
9/18
COMPLETE
346884 0100
30401100
61801000
GALVESTON 5.6-9-.18
268.01
346885 0100
0100
20116930
GALVESTON 5.6-9-.18
268.01
TOTAL
JOURNAL ENTRY
268.01
268.01
05/24/18
050084 TRVL
REIMB- S GOERLI
8/18
COMPLETE
346886 0100
24200100
61801000
SAN MARCOS
5.16-18.1
336.66
346887 0100
0100
20119170
SAN MARCOS
5.16-18.1
336.66
TOTAL
JOURNAL ENTRY
336.66
336.66
05/24/18
050085 TRVL
REIMB- R HUET
8/18
COMPLETE
346888 0100
30101100
61801000
GALVESTON 5.6-9.16
268.01
346889 0100
0100
20443000
GALVESTON 5.6-9.18
268.01
TOTAL
JOURNAL ENTRY
268.01
268.01
05/24/18
050086 TRVL
REIMB- M FREEMA
9/18
COMPLETE
1
Item Coversheet
BRAZOS COUNTY
BRYAN,TEXAS
DEPARTMENT: NUMBER:
DATE OF COURT MEETING: 5/29/2018
ITEM: Expenditure Journal Entries FY 17/18
• 050075-050086
060001
TO: Commissioners Court
DATE:
05/24/2018
FISCAL IMPACT:
False
BUDGETED:
False
DOLLARAMOUNT:
$0.00
ATTACHMENTS:
File Name
Description
P8 -05 -24 -18 -CCS
Exps JE
P9-05-24-18-CC.odf
Exps JE -1
vol. 02 � _..- Pg.
Page 1 of I is
W,
Type
Backup Material
Backup Material
P O
S 2°► 1�
Duane Peters Date
County Judge
https://brazos.novusagenda.com/agendaweb/CoverShect.aspx?ItemlD-17484 5/24/2018
BRAZOS COUNTY
BRYAN,TEXAS
DEPARTMENT.
NUMBER:
DATE OF COURT MEETING:
5/29/2018
ITEM:
Expenditure Journal Entries FY 17/18
DOLLAR AMOUNT:
• 050075-050086
060001
TO: Commissioners Court
DATE.
05/24/2018
FISCAL IMPACT:
False
BUDGETED.
False
DOLLAR AMOUNT:
$0.00
ATTACHMENTS:
File Name Description
P8 -05 -24 -18 -CC. pd f Exps JE
P9-05-24-18-CGodf Exps JE -1
Ed.
Pg.
Type
Backup Material
Backup Material
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND.
This Power of Attorney limits the acts of those named herein, and they have no authority to bund the Company except in the manner and to the extent herein stated.
Liberty Mutual Insurance Company Certificate No. 7796082
The Ohio Casualty Insurance Company West American Insurance Company
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS; That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of he State at New Hampshire, that
Liberty Mural Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly
organized under the laws of the State of Indiana (herein collectwely called the 'Companies), pursuant to andby authority herein set forth, does hereby name, constitute and appoint,
Brian D. Cementer r Crain yhm,0aSrl- A—li to r a.;.l. r,._ " : rr:11 ., - , _...:
all of the city of Minneapolis state of MN each Individually if there be more than one named, Its true and lawful attomey-In fachto make, execute, seal, acknowledge
and deliver, for and on its behalf as surety and as its act ana deed any and all undertakings bonds, recognizances and other surely obligations In:pursuance of (hese presents and shall
sted by the secre
be as binding upon the Companies as if they have boob duly signed by thepresiden(and due of the Companies in their awn to persons.
IN WITNESS WHEREOF, This Power of Attorney has been Subscribed by an authorized ufb
thereto this 12th -per or official df:the Companies and the corporate seals of the Companies have been affixed
dayof June 21717
The Ohio Casualty Insurance Company
o talo B 1912 T 1991 Liberty Mutual Insurance Company
o West merican.Insurance Company-
N f f * R
By:
�YZ/ v/%
y
STATE OF PENNSYLVANIA as David M. Care ,'Assistant Secretary
COUNTY OF MONTGOMERY - - -
d p1 :On this 12th day of June 2017 before me personally appeared David M. Carey, who acknowledged himself tobe the Assistant Secretary of Liberty Mutual Insurance
OO N Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes
tts therein contained by signing on behalf of the corporations by himself as a duly authorized officer -
D IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written.
m
N 7 �gP FASTF COMMONWEALTH OF PENNSYLVANIA
C;C _ OP o�°\onw�<„�( Notarial Seal 'n
t0 y r' OP % v Torero Postella. Notary Public
O ` _ Y Unper Motion T.P. Llontgomery Courcy Teresa Pastella, Notary Public
My Ccmmissmn Evpnes March 29,2021
a6+ 0 �� vcNo Jb r.mmbur. Pe�nsl - Assoclaaon at Noo,,as .
Q Y - �qy PU6 Vvarna
c .y This. Power of Attorney is made, and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual
Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follmvs;
all- -
rn� V -
ARTICLE IOFFICERS-Section 12. Power ofAltomey.Any. officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject
C to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal,
O.$ acknowledge and deliver as surety any and all undertakings,bonds, recognizances and other surety obligations. Such attorneys-in-facC subject to the limitalionssetforth in lheirfespective
E +6 powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so
Q is, executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or aaorney-in-fact under
Q - the provisions of this article maybe revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or aulhonty.
U C
ARTICLE XIII - Execution of Contracts -SECTION 5. Surety Bonds and Undertakings, Any officer of the Company authorized for that purpose in venting by.the chairman or the president,
i> m and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute,
seal, acknowledge and deliver as Surety any and all undertakings, bonds, recognizances and other surely obligations. Such attorneys-indact subject to the limitations set forth in their
O respective pourers of attorney, shall have full power to bind ale Company by their signature and execution of any such instruments and to attach thereto the seal Of the Company. When so
executed such instruments shall be as binding as if signed by the president and allesled by the secretary. -
Certificate of Designation The President of the Company, acting pursuant to the By taws of Iha Company, aufhonzes Devid M Carey, Ass lstant.5ecretary to appoint such attorneys-in-
oblifacas may be necessary to act on behalLof the Companyle make, exedtile, seal, acknowledge and deliver as surely any and all undedartiiigs,.bonds, recognizances and other surely
obligations. :=-
.-
Authorization - By unanimous consent of,lhe Company'sB and of Directors, the Company consentsthat facslmlle or mechanically reproduced signatureof anyassistant secretaryofthe
Company, wherever appearing upon a certified copy ofanypower of atlamey issued by the Company In connection with surety bands, shall be:valld and binding upon the Company with
the same force and effect as though manually affixed - = -
I, Renee C. Llewellyn, the undersigned, Auld
lshot Secretary The Oho Casualty Insurance Company Liberty Mutual Insurance Company antl,West American Insurance Company do
has not been revoked.
hereby certify that the original power of attorney of which the foregoing Is a full True and coned copy of Ihe)PUWer of Ahomey. executed by said'. Companies, is in full force and effect and
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed tire seals plead d Companies this /✓ day of 20/�`.
�Y lrl,Srj �1N< -
yJP��rnLrg9 CJ` h, M f`y^ \v. C1N1vH,lrn
s 13iu o _ 1912 ? 1991 °
B y:
Renee C. Llewetyrlr-Assistant Secretary:
Surety Acknowled
ent
State of MINNESOTA }
} ss.
Comity of Hennepin }
On this 15" clay of May 2018 before me personally came Nicole Lancer, to me known,
who being by me duly sworn, did depose and say that she/he is the Attorney -in -Fact of
Liberty Mutual Insurance Company described in and which executed the above instrument; that she
knows the seal of said corporation; that the seal affixed to said instruments is such corporate seal, that it
was so affixed by order of the Board of Directors of said corporation, and that she signed tier name to it
by like order.
Not r ubld
KELLY NICOLE BRUGGEMAN
NOTARY PUBLIC -MINNESOTA
Commission Number. 31076678
My Commssmn EapresJanuary31.Z021
_
hili 1331-
SURETY
Document A31OTM -2010
Conforms with The American Institute of Architects AIA Document 310
CONTRACTOR:
(Name, legal status and address)
Knife River Corporation - South
6310 State Hwy 21 West
Bryan, TX 77806
OWNER:
(Name, legal status and address)
Brazos County
200 South Texas Avenue, Suite 352
Bryan, TX 77803
SURETY.
(Name, legal status mrd principal plate of business)
Liberty Mutual Insurance Company
175 Berkeley Street
Boston, MA 02116
Mailing Address for Notices
BOND AMOUNT: Five Percent of Amount Bid 5%
PROJECT:
(Name, location or address, and project number, if any)
Hot Mix Asphalt Annual Contract, Project No. 18-121
This document has important
legal consequences.
Consultation with an attorney is
encouraged with respect to its
completion or modification.
Any singular reference to
Contractor, Surety, Owner or
other party shall be considered
plural where applicable.
The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety bind
themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein. The conditions of this
Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such timeperiod
as may be agreed to by the Owner and Contractor, and the Contractor either (1) enters into a contract with the Owner in accordance with
the terms of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in
the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt
Payment of labor and material famished in the prosecution thereof; or (2) pays to the Owner the difference, not to exceed the amount of
this Bond, between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another
party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. The
Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the
bid. Waiver of notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for
acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety's consent for an extension beyond
sixty (60) days.
If this Bond is issued in connection with a subcontractoes bid to a Contractor, the term Contractor in this Bond shall be deemed to be
Subcontractor and the term Owner shall be deemed to be Contractor.
When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, any provision in
this Bond conflicting with said statutory or legal requirement shall be deemed deleted berafrom and provisions conforming to such
statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be constnmd" `
as astatutory bond and not as a common law, bond. , _>
Signed and sealed this 15th day of May 2018
Knife River Corporation - South
(Pnncrpal)
Ey:
Mutual Insu an Comp;
(Surety)
fitness)
(Title Nico} La orm
tnrs.toosa We
Vol. Pg.
Bid Continuation Sheet
BRAZOS COUNTY, TEXAS
J. CERTIFICATION OF BID
Bid Request No. 18-121
Page 15 of 15
The undersigned affirms that they are duly authorized execute this contract, that this bid has not
been prepared in collusion with any othey vendor, and that the contents of this bid have not been
communicated tother vendor prio o the official opening of this bid.
SIGNED BY:
TYPED NAME: _�=-AUf Zj TITLE: AAA -
COMPANY NAME: fhf ,C �Ff,t/c r CorpoJ4A6017 ^ ,SON
PHONE:
MAILING ADDRESS: iQ167 S f
P.O. Box or Street
City X Zip
EMAIL ADDRESS:
VENDOR TAX IDENTIFICATION NUMBER: r,' b
END OF BID REQUEST NO. 18-121
By signing below, Brazos County agrees that this bid, 18-121, will be awarded as dictated on the
associated bid tabulation sheet, 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- fl �L-
Bid Continuation Sheet
BRAZOS COUNTY, TEXAS Bid Request No. 18-121
Page 14 of 15
1• HOUSE BILL 89 & DEBARMENT VERIFICATION
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 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:
"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 associat
exist to make a profit. ions that
Company
Authorized Company
Co
Contract #: l
Vol. 7ei pr,
Bid Continuation Sheet Bid Request No. 18-121
BRAZOS COUNTY, TEXAS Page 13 of 15
14. On occasion, Brazos County may have the need to do patching on various Brazos
County roads. This would require small amounts of hot mix to be picked up by
Brazos County trucks, 100 ton maximum per day. Brazos County is flexible on the
type of mix that could be used. We are asking for a price per ton. Brazos County
would call ahead and give notice for the quantity needed.
a. D -GR HMA Type D � per ton
b. D -GR HMA Type C $ "] per ton
c. D -GR HMA Type B S(� O° per ton
15. Specific location of supplier's plant:
rn
16. Time from order for delivery of materials:1 y9eek
Bid Continuation Sheet
BRAZOS COUNTY, TEXAS Bid Request No. 18-121
Page 12 of 15
9. 2,000 sy D -GR HMA Type B PG 64-22, 2.50" min. thick, compacted and
Placed in accordance with Item 340.
$ 14.0 /SY (Placement less than 1000 tons).
Product Name: Ty
Product Number: —4Q�
10. 32,500 sy D -GR HMA Type B PG 64-22 2 50" min. thick, compacted and
placed in accordance with Item 340.
S-9. 9/SY (Placement exceeding 1000 tons).
Product Name: � _ NT -
Product
Number: 39 y OS
11. 2,000 sy D -GR HMA Type B PG 64-22, 3.00" min. thick, compacted and
Placed in accordance with Item 340.
$ -1qI!!5L-/SY (Placement less than 1000 tons).
Product Name: fiV --' y � p�
Product Number: ' 6,
12. 15,550 sy D -GR HMA Type B PG 64-22, 3.00" min. thick, compacted and
placed in accordance with Item 340.
S I I . $O /SY (Placement exceeding 1000 tons).
Product Name: (y_ 3 PC- 6�- ria,
Product Number: 3 NbC'
13. 4000 tons TOM -C PG 76-22, 1.00" min. thick, compacted and placed perCty
of Coll
Qe Station plans, for undisclosed locations; compacted and
placed in accordance with in accordance with Item 347.
$A'Lto /tons
Product Name: TOM -('- PCT
Product Number: 29 9j "a
''Q �_
Bid Continuation Sheet
BRAZOS COUNTY, TEXAS
Bid Request No. 18-121
Page 11 of 15
Product Name: Ir- (7 PCT �4 -
Product Number: t M Lfl
4. 9600 sy D -GR HMA Type D PG 64-22, 2.00" min. thick, compacted and
placed in accordance with Item 340
$ 40 /SY (Placement exceeding 1000 tons)
Product Name: T 1- p
Product Number._ 69Iti%
5. 27,000 sy D -GR HMA Type C PG 64-22, 2.00" min. thick, compacted and
placed in accordance with Item 340
$
11-20 /SY (Placement less than 1000 tons)
Product Name:
Product Number: 31 `t(0
6. 18,000 sy D -GR HMA Type C PG 64-22, 2.00'
min. thick, compacted and
placed in accordance with Item 340
S V /SY (Placement exceeding 1000 tons).
Product Name: —L�
Product Number:
7. 2,000 sy TOM -C PG 76-22, 1.00" min. thick, compacted and placed in
accordance with Item 347
$ - 60 /SY (Placement less than 1000 tons).
Product Name: `[-b__ C PO
Product Number: Yq
8. 19,000 sy TOM -C PG 76-22, 1.00" min. thick, compacted and placed in
accordance with Item 347
$6 °� /SY (Placement exceeding 1000 tons).
Product Name: rD M_ C
Product Number: 3c y 1G -
Vol. '12 p�
Bid Continuation Sheet
BRAZOS COUNTY, TEXAS
G. SPECIFICATIONS
Bid Request No. 18-121
Page 10 of 15
t. Items herein described as Dense -Graded Hot -Mix Asphalt (D -GR HMA) placed at
directed locations shall meet or exceed 2014 Texas Department of Transportation
Standard Specification Item 340. This item will be subject to testing by Brazos
County and Contractor in accordance with Table 6 of the Specification.
2. Items otherwise described as Thin Overlay Mixtures (TOM) placed at directed
locations shall meet or exceed 2014 Texas Department of Transportation Standard
Specification Item 347. This item will be subject to testing by Brazos County and
Contractor in accordance with Table 4 of the Specification.
3. In order to maintain the temperature of the hot mix at an adequate level, the plant
must be located within 25 miles of the Brazos County Road and Bridge
Department.
H. QUOTATIONS
The following quantities are estimates of our anticipated purchases and will be used ONLY for
tabulation purposes. The specified estimates are not guaranteed minimums. Fill in the blanks
with unit prices and extensions that are firm for the entire period of this contract. Prices quoted
are for the production and placement of material in accordance with specifications from supplier
to jobsite.
Estimated
Itemuanti
� Description
1. 2,000 sy D -GR HMA Type D PG 64-22, 1.50" min. thick, compacted and
placed in accordance with Item 340
$-9, �' /SY (Placement less than 1000 tons)
Product Name: C? p(7 -
Product Number: �q N 17
2. 13,000 sy D -GR HMA Type D PG 64-22, 1.50" min. thick, compacted and
placed in accordance with Item 340
$ 30 /SY (placement exceeding 1000 tons)
Product Name: ' kl _ D P, %y
Product Number. I %N17
3. 2,000 sy D -GR HMA Type D PG 64-22, 2.00" min. thick, compacted and
placed in accordance with Item 340
$ 11.�/SY (Placement less than 1000 tons)
Bid Continuation Sheet
BRAZOS COUNTY, TEXAS
F. REFERENCES
Bid Request No, 18-121
Page 9 of 15
Vendors shall provide a list of at least three (3) references, where work comparable in quality
and scope to that specified has been performed within the past five (5) years. This list should
include the names, phone number and email of the company/entity for which the prior work was
Performed to contact these references. A negative reference may be grounds for disqualification
of bid.
Company/Entity: rx T'
Contact: _ Ira r /a `sem J7
Phone:
Email:
Company/Entity:
Contact:
Phone:
Email: as
Company/Entity:
Contact:
Phone:
Email: As'
�:rLc
a/^ch Son
.............
Bid Continuation Sheet
BRAZOS COUNTY, TEXAS Bid Request No, 18-121
Page 8 of 15
E. BONDING REQUIREMENTS
l • All bidders must submit, with proposal, a cashier's check or certified check for at
least five percent (5%) of the total bid price, payable to the order of Brazos
County or a Bid Bond in the same amount issued by a surety, acceptable to Brazos
County, authorized to do business in the State of Texas, as a guarantee that the
bidder will do the work described herein at the rates stated herein. Unsuccessfid
bidder's Cashier's Check or Certified Check will be returned after a written
request to do so have been received by the Purchasing Agent.
2 The successful bidder must provide to the Purchasing Department, a performance
bond and a payment bond, each in the amount of 100% of the total contract sum
within ten (10) calendar days after receipt of notification and admitted to ch
h
of bid award. Suc
bonds shall be executed by a corporate surety duly authorized
business in the State of Texas and licensed in the State of do
Texas a issue surety
bonds with a Best Rating "A" or better. BRAZOS COUNTY RESERVES THE
RIGHT TO ACCEPT OR REJECT ANY SURETY COMPANY PROPOSED BY
THE BIDDER. IN THE EVENT BRAZOS REJECTS THE PROPOSED
SURETY COMPANY THE BIDDER WILL BE AFFORDED FIVE (5)
ADDITIONAL DAYS TO SUBMIT THE REQUIRED BONDS ISSUED BY A
SURETY COMPANY ACCEPTABLE TO BRAZOS COUNTY.
71% 02:x/_ ��., .�3�
Bid Continuation Sheet
BRAZOS COUNTY, TEXAS
Bid Request No. 18-121
Page 7 of 15
3. The Participating Entities reserve the right to test any materials delivered at the
requested site for compliance with specifications. The bidder will remove
immediately from the job site or right of way any materials that are deemed
unsatisfactory.
4. Material Safety Data Sheets and Placards must be furnished at the time of delivery
as specified by State and Federal Regulations (IF APPLICABLE).
5. Any Vendor vehicles traveling on County roads will not exceed its legal gross
weight.
D. INSURANCE REQUIREMENTS
The Bidder shall instruct his insurance agent or carrier to furnish to the County a Certificate of
Insurance attesting to the issuance of the following parts of this section. Please note that such
Certificates of Insurance and any required bonds must be issued and then approved by Brazos
County Risk Management. The Certificate of Insurance must be approved by Risk Management
before any deliveries can be made.
The bidder shall furnish and keep in full force the following insurance during the
term of this contract:
a• Statutory Workmen's Compensation and 1,000,000 Employer's Liability
Insurance with waiver of subrogation.
b. General Liability with limits for bodily injury and for property damages of
not less than $2,000,000 aggregate, 1,000,000 each occurrence with
Brazos County named as an additional insured and waiver of subrogation.
C. Comprehensive Automotive Liability with $1,000,000 CSL for Bodily
Injury and Property Damage Liability.
d. Cargo Insurance to sufficiently cover materials transported.
2. All of the aforementioned policies and Certificates of Insurance should be issued
immediately after the Bidder receives notification of award.
3. The vendor agrees to hold harmless The Participating Entities from any and all
claims and liability due to the acts of the vendor's employees and the operation of
his equipment. The vendor also agrees to hold harmless Brazos County from any
and all expenses, including attorney fees, incurred by Brazos County in litigation
or otherwise resisting such claims or liabilities as a result of the vendor's
employees' activities. Further, the vendor agrees to protect, indemnify and hold
harmless Brazos County from and against all claims, demands and causes of
action of every kind and character brought by any employees of the vendor against
Brazos County due to personal injuries and/or death to such employee resulting
from any neglect act, by either commission or omission on the part of the vendor
or Brazos County.
54
Bid Continuation Sheet
BRAZOSCOUNTY,TEXAS
Bid Request No. 18-121
Page 6 of 15
a
obtined upon request by contacting the Brazos County Purchasing Department -
61 -4290,
3555. or the City of College Station Purchasing Department - (979) 764-
3555.
35. Upon acceptance of a purchase order for any commodity or materials purchased
by The Participating Entities, the vendor agrees to protect the Participating
Entities from any claim involving patent right infringement, copyright
infringement, sales franchise disputes.
36. Unless otherwise specified, all items ordered from the successful vendor must be
new, unused, and in first class condition. Products usually packaged for
commercial sale shall be famished in proper container so as to facilitate storage
and handling.
37. Potential vendors are advised they may have disclosure requirement pursuant to
Texas Local Government Code, Chapter 176. This law requires persons desiring
to do business with the County to disclose any gifts that have an aggregate value
in excess of $250.00 given to any employee of the County, County Official to the
County Official's family members or employment of any employee of the County,
County Official or the County Official's family members during the preceding
twelve (12) month period. The disclosure questionnaire must be filed with the
Brazos County Clerk. Refer to Texas Local Govemment Code, Chapter 176 for
the details of this law.
38• Bidder understands that The Participating Entities are governments subject to
Texas State and Federal public information statutes. Bidder hereby waives any
obligation to the release to the public of any documents submitted in accordance
with this bid.
39. The Contractor shall be responsible for following all provisions of Chapter 2258
of the Govemment Code relating to the payment of prevailing wages. The wage
rates to be used are included in Exhibit A attached. A contractor or subcontractor
who violates this section shall pay to Brazos County $60 for each worker
employed for each calendar day or part of the day that the worker is paid less than
the wage rates stipulated on Exhibit A.
SPECIAL PROVISIONS
1. Vendor will be required to notify the Participating Entities in the event of
unforeseen delay arising in the delivery of a specified shipment. In the event a
shipment will not arrive at the job site within two (2) hours of designated time
The Participating Entities shall have the right to refuse acceptance of the order.
2• Vendor will be required to deliver to Brazos County Road and Bridge
Department, The City of College Station Public Works Department or job site
within Brazos County designated by the Participating Entities. Vendor will
remain on the job with truck and operator as l
load. ong as required to completely place
Bid Continuation Sheet
BRAZOS COUNTY, TEXAS Bid Request No. 18-121
Page 5 of 15
29. Any variation from the specifications in this bid document must be indicated on
the bid or on a separate attachment to the bid and labeled as such.
30. Any brand name, or manufacturer's reference used is considered to be descriptive
— not restrictive — and is indicative of the type and quality the Participating
Entities desire to purchase. Bids on similar items of like quality will be
considered only if it is noted in the bid documents, and accompanied by fully
descriptive product literature. If notation of substitution in not made, it is
assumed the vendor is bidding the item specified.
31. The Participating Entities do not guarantee to purchase any minimum or
maximum quantities. If any quantities are listed in the bid, they arc estimated
quantities used for calculating purposes only.
32. In the event the Supplier is unable to furnish any item within a reasonable time
after order is placed due to strikes, war or any reason beyond the Supplier's
control, the Participating Entities reserve the right to purchase these items from
any source, without causing this contract to be canceled.
33. Brazos County
The successful vendor should submit itemized invoices with clearly marked
remittance copies to the following address;
ATTN: Auditors
200 South Texas Ave, Suite 218
Bryan, TX 77803
Statements of accounts will not be sufficient to warrant payment. Unless other
arrangements have been made; all invoices to be paid in full within 30 days after
satisfactory delivery of commodities and or services and receipt of invoice at the
listed address. Checks will be made payable to the successful vendor only, and
shall not include sub -contractors, assignees, or any other party.
City of College Station•
lu"'CeS must be submitted by the vendor in duplicate to the City of College
Station, Accounting Dept., P.O. Box 9973, College Station, Texas 77842-0973.
To submit invoices via electronic mail, please use the following address:
VendorInvolceEntrv(cr,cstx goy . If invoices are subject to cash discount, discount
period to be taken from the date of completion of order or date of receipt of
invoice, whichever occurs last regardless of whether or not correct discount terms
appear on invoice. All invoices to be paid in full within 30 days after satisfactory
delivery and billing unless otherwise specified or mutually agreed upon before
orders are placed. The City will not be liable for payment of invoices received six
(6) months after order completion.
34• As a govemmental subdivision, The Participating Entities are exempt from most
types of taxes, including but not limited to sales tax, excise tax, and import duties.
Such costs must not be included in bid prices. Tax Exemption Certificates can be
Bid Continuation Sheet
BRAZOS COUNTY, TEXAS
Bid Request No. 18-121
Page 4 of 15
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 forml295.htm for more
information. — —
20. 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.
21. It is our policy not to famish bid results over the phone. Bid results and
tabulation sheets will be posted on the Brazos Valley Online Bidding System
(www brazosbid cstx Hovl after bid award by Commissioner's Court.
22. The Participating Entities reserve the right to extend this contract annually for a
maximum of three (3) additional one (1) year periods with no changes in the terms
or conditions of this contract, if agreed upon by all parties.
23. The successful offeror agrees to extend prices and terms to all entities that has
entered or will enter into joint purchasing inter -local cooperation agreement(s)
with The Participating Entities.
24. If sample testing is required, the Participating Entities will perform test through a
third party. Vendor will be required to allow the third party access to the facilities
in order to acquire samples for testing. Failure to submit requested testing may
disqualify bid.
25. Three (3) references are to be provided by bidder. Failure to submit references
may result in disqualification of bid. Brazos County department references will
not be accepted.
26. Contractor shall observe and comply with all federal, state and local laws, safety,
and health regulations, ordinances, and all regulations which in any manner effect
conduct of the work or services being performed.
27. In order to insure the safety of the public, the Contractor shall coordinate all work
or deliveries with the ordering entity.
28. Any Subcontracting must be approved prior to commencement of the contract by
the Participating Entities.
Bid Continuation Sheet
BRAZOS COUNTY, TEXAS Bid Request No. 18-121
Page 3 of 15
I I. Although the cost of products to be provided is an essential part of the bid, The
Participating Entities are not obligated to award a contract on the sole basis of cost
but will award to vendor considered to be the best value to the Participating
Entities.
12. Acceptance of merchandise, work, and/or equipment provided shall be made by
the Participating Entities at the sole discretion of the Commissioners Court/City
Council when all terms and conditions of the contract and specifications have
been met to its satisfaction, including the submission to the Participating Entities
of any and all documentation as may be required.
13. Title and Risk of Loss of the goods shall not pass to The Participating Entities
until the Participating Entities actually accepts and takes possession of the goods
at the point or points of delivery.
14. This agreement shall be governed by the Uniform Commercial Code as adopted in
the State of Texas as effective and in force on the date of this agreement.
15. Bids must be submitted on quantities and units of measure specified by the bid
documents. In the event of errors in extended prices the unit price shall govern.
Any suggested change in quantity on the part of the bidder to secure better price or
delivery is welcomed and may be given consideration provided that the bidder
also bids on the quantity specified.
16. Bids must specify the number of consecutive calendar days required to deliver the
commodities under normal conditions. Failure to specify delivery time will be
considered reason enough to cause the bid to be disregarded. Delivery time
quoted will be given consideration in awarding orders. If delivery is not made
within a reasonable time of the specified delivery in the bid, the entire order or
contract may be canceled and the bidder barred from quoting in fixture bids.
17• Bids cannot be altered after receiving time. No bid may be withdrawn after.
Opening time without acceptable reason and
Agent. with the approval of the Purchasing
18.
t envelope clrlv
marked with vendor name and bid number toensure rrep proper recognition upon its
arrival. Bids will not be considered if submitted by telephone, fax or any other
means of rapid dispatch, nor will a bid be considered if submitted to any other
person or department other than specifically instructed. Bids received after the
expressed date and time listed in this bid will be returned unopened to the vendor.
Bids submitted to any other person or department other than the Brazos County
Purchasing Department will not be accepted.
19• It is the Bidder's sole responsibility to print and review all pages of the bid
document, attachments, addenda, and special notices.
questions and responses,
The Certification Bid Form must be completed to include full firm name,
mailing address, tel
�a. r : s, enter Tax Identification
_.�
Vol.. F.
��3�s
Bid Continuation Sheet
13RAZOS COUNTY, TEXAS
Bid Request No. 18-121
Page 2 of 15
e• COUNTY - The government of Brazos
representative. County, Texas and its authorizes
CITY — The government of the City of College Station, Texas.
f SUB -CONTRACTOR - Any contractor hired by the Contractor or
Supplier to furnish materials and services specified in this bid request.
91 SUPPLIER - Same as Contractor.
2. Upon acceptance and approval by the Commissioners'
bid effects a working contract between CourUCity Council, this
the Participating Entities and die
successful bidder for the period designated.
3. Bids must be received by the Brazos County Purchasing office prior to the time
and date specified. The mere fact that the bid was dispatched will not be
considered; the bidder must have the bid actually delivered.
4. The Participating Entities reserves the right to accept or reject in part or in whole,
any bids submitted, and to waive any technicalities for the best interest of the
Participating Entities.
5. The Participating Entities shall not be responsible for any verbal communication
between any employee of the Participating Entities and any potential bidder. Only
written specifications and written price quotations will be considered.
6. The Participating Entities reserve the right to reject any bid that does not fully
respond to each specified item.
7• Bidder must include Employer Identification Number for the bid to be valid.
S. Should there be a change in ownership or management; the contract shall be
canceled unless a mutual agreement is reached with the new owner or manager to
continue the contract with its present provisions and prices. This contract is
nontransferable and may not be reassigned by either party.
9• The Participating Entities may cancel this contract at any time for any reason,
provided a thirty -day written notice is given.
10. The bid award shall be based on, but not necessarily limited to, the following
factors:
a. Unit price
b• Extended price
C. Special needs and requirements of The Participating Entities
d. Results of testing samples (if required by The Participating
Entities)
e• Delivery
f. References
g The Participating
h• Entities experience with products bid
Vendor's past performance record with The P�ating Entities.
JOINT INVITATION TO BID
HOT MIX ASPHALT
ANNUAL CONTRACT
BRAZOS COUNTY PURCHASING DEPT
200 South Texas Ave, Suite 352
Bryan, Texas 77803 Bid Request No. 18-121
Telephone (979) 361-4294 Page I of 15
CITY OF COLLEGE STATION
Purchasing Division
1101 Texas Ave, PO BOX 9960
College Station, TX 77842
979-764-3555
Bids will be received at the Brazos County Administration Building, Purchasing Department,
200 South Texas Ave Suite 352, Bryan, Texas until 2:00 a.m Tuesday Mai 15 2018 at
which time bids will be publicly opened and read aloud.
A. SCOPE OF F BID
Bids are solicited for furnishing the merchandise, supplies, service, and/or equipment set forth in
this bid request for a one (1) year period beginning June 29 2018 throuo
accordance with the following Conditions of Bidding. h June 28 2019 in
B. CONDITIONS OF BIDDING
The following instructions apply to all bids and become a part of terms and conditions of any bid
submitted to the Brazos County Purchasing Office, unless otherwisespecified elsewhere in this
bid request. All bidders are required to be informed of these Terms and Conditions and will be
held responsible for having done so:
Definitions: In order to simplify the language throughout this bid, the following
definitions shall apply:
a- PARTICIPATING ENTITIES - County same as Brazos County and
City of College Station.
b• COMMISSIONERS, COURT - The elected officials of Brazos County,
Texas given the authority to exercise such powers and jurisdiction of all
county business as conferred by the State Constitution and Laws.
CITY COUNCIL — The elected officials of the City of College Station,
Texas given the authority to exercise such
City business powers and jurisdiction of all
as conferred by the State Constitution and Laws.
C. CONTRACT - An agreement between the Participating Entities and a
Supplier to furnish supplies and/or servi
time during whicces over a designated period of
Specified. h repeated purchases are made of the commodity
d. CONTRACTOR - The successful.Bidder(s) of this bid request.
Item Coversheet
BRAZOS COUNTY
BRYAN,TEXAS
DEPARTMENT: Purchasing NUMBER:
DATE OF COURT MEETING: 5/29/2018
ITEM: Award of Bid # 1B-121 Hot Mix
Recommended award: Knife River: Items 2, 4, 6, 7 8, 10, 12, 14
Larry Young Paving: Items 1, 3, 5, 9 , 11
Brazos Paving Inc. - Item 13 for the City of College Station
T0:
Commissioners Court
FROM:
Lani Maness
DATE:
05/22/2018
FISCAL IMPACT:
False
BUDGETED:
False
DOLLAR AMOUNT:
$0.00
ATTACHMENTS:
File Name
Knife River bid odf
Larry Yo no Payill.ldf
Bid Tab 18-121 xlsx
Descri Pion
bid Knife River
Larry Young Paving Bid
Bid tabulaticn
Vol,
La�._
i
Type
Backup Material
Backup Material
Backup Material
>
La
PERSONNEL
CHANGE OF STATUS REQUESTS
Commissioner Court Date: May 29, 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
Courthouse Security
Ballew, Sam
Change of Status
Hanley, Sean M.
Change of Status
Information Technology
Olivarez, Pamela M.
Separation
Juvenile Services — Detention
Harris, Servillia Y.
Separation
Sheriffs Office —Admin.
Calhoun, Michael
Change of Status
Poe, Ryan
Change of Status
Sheriffs Office— Detention
Grawl, Edward
Separation
Stubblefield, Nicholas J.
Separation
Approved in Commissioners' Court: May
County Judge's or Commissioner's Signature:
(This Copy to be attached to minutes)
i