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BRAZOS COUNTY
BRYAN. TEXAS
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AGENDA
BRAZOS COUNTY COMMISSIONERS' COURT MEETING
THE COMMISSIONERS' COURT WILL MEET IN SPECIAL SESSION ON TUESDAY, MAY
31, 1994 AT 9:00 A.M. IN THE COMMISSIONERS' COURTROOM OF THE BRAZOS
COUNTY COURTHOUSE, 300 EAST 26TH STREET, SUITE 115, BRYAN, TEXAS.
1. Invocation.
2. Pledge of Allegiance.
3. Consider and take action on budget amendments.
4. Consider and take action on the award of bid for Cellular Phone Purchases and
Service for Brazos County and authorize the payment thereof. Bid No. 94-751
5. Consider and take action on approval to advertise for Courthouse Security
Equipment.
6. Consider and take action on the acceptance of a Letter of Credit from White
Pump Service for the installation of equipment regarding fuel tanks for Road
and Bridge Department.
7. Consider and take action on Contract between Texas Commercial Waste and
Brazos County.
8. Consider and take action on exemption from competitive bidding requirements
of Local Government Code, Section 262.024 (a)(7A) to purchase excavation
and pipeline adjustment services from Texas Utilities Fuel Company.
9. Consider and take action on personnel change of status.
10. Consider and take action on payment of claims.
11. Adjourn.
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COMMISSIONERS' COURT
SPECIAL MEETING
MAY 31, 1994
A special meeting of the Commissioners' Court of Brazos
County, Texas was held in the Commissioners' Courtroom in the
Courthouse in Bryan, Brazos County, Texas, beginning at 9:00
a.m. on Monday, May 31, 1994, with the following members of
the Court present:
R. J. Holmgreen, County Judge, Absent;
Gary Norton, Commissioner of Precinct 1;
Walter Wilcox, Commissioner of Precinct 2, Presiding;
Randy Sims, Commissioner of Precinct 3;
Milton Turner, Commissioner of Precinct 4;
Mary Ann Ward, County Clerk.
The following citizens and officials were in attendance:
Ruth McLeod Executive Assistant
Carol Palmer Admin. Asst. to County Judge
Bea Green Secretary to Commissioners
Irene Jett Auditor's Office
Cheryl Turney Auditor's Office
Margie Wedel Auditor's Office
Sandie Walker Treasurer
Richard Vance County Engineer
Linda Muegge Road & Bridge
Bobby Riggs Sheriff
Rita Watkins Sheriff's Office
Yvonne Salce Bryan/College Station Eagle
Ben Bailey Cellular One
Jeff Runge Cellular One
Commissioner Sims gave the invocation and led the pledge
of allegiance.
The Court first considered Budget Amendment #93/94-17,
which would set up a Health Department in-kind department. On
motion by Commissioner Turner, seconded by Commissioner Sims,
the Court voted unanimously to approve the budget amendment as
submitted, a copy of which is attached hereto.
The Court next considered awarding the following bid:
Bid No. 94-751 - Cellular Phone Purchases and Service
Cheryl Turney, Purchasing Agent,
recommended acceptance of the bid
4 submitted by CellularOne for the
continued purchase of phones versus the
lease option. On motion by Commissioner
Sims, seconded by Commissioner Wilcox,
the Court voted unanimously to accept the
recommendation of the Purchasing Agent
and award the contract to CellularOne for
all phones except those at Road and
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Commissioners Court meeting May 31, 1994
Bridge. A copy of the bid tabulation is
attached hereto.
The next matter for consideration was, approval to
advertise for bids for Courthouse security equipment. The
Purchasing Agent said the estimate is approximately
$50,000.00. On motion by Commissioner Sims, seconded by
Commissioner Norton, the Court voted unanimously to authorize
the Purchasing Agent to advertise for bids for Courthouse
security equipment. Commissioner Sims asked that Commis-
sioners Wilcox, Norton and the Sheriff look for a portable X-
ray system as an alternative.
On motion by Commissioner Norton, seconded by
Commissioner Turner, the Court voted unanimously to accept a
Letter of Credit from white Pump service in the amount of
$6,210 for the installation of fuel tanks for the Road and
Bridge Department. The County Auditor assured the Court that
there was no more risk in accepting the letter of credit than
a performance bond.
The next matter before the Court was approval of a
Contractual Agreement between Brazos County and Texas
Commercial Waste. Texas Commercial Waste will provide
collection and disposal services of Household Solid Waste.
Term of the contract is from May 31, 1994 to September 30,
1994. The Agreement will then be extended for one (1) year
beginning on October 1, 1994 until October 1, 1995. On motion
by Commissioner Sims, seconded by Commissioner Wilcox, the
Court voted unanimously to enter into contractual agreement
with the Texas Commercial Waste. A copy of the contractual
agreement is attached hereto.
The Court next considered an Exemption from Competitive
Bidding Requirements of Local Government Code, Section
262.024(a)(7)(A) for Texas Utilities Fuel Company. This is
for the purchase of excavation and pipeline adjustment
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Court determined that this was a single source supplier. On
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Commissioners Court meeting May 31, 1994
motion by Commissioner Norton, seconded by Commissioner Sims,
the Court voted unanimously to approve the Exemption of
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Competitive Bidding Requirements and authorized the payment of
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invoice no. 130 in the amount of $21,940.51.
The Court proceeded to consider the change of status of
the following employees.
NAME DEPARTMENT REASON
Marowski, Jaime District Clerk New Emp P/T
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Towslee, William NTTF Grant New Grant Year
I Clark, Kenneth NTTF Grant New Grant Year
` Darby, Gene Jr. NTTF Grant New Grant Year
Ledesma, Ricardo NTTF Grant New Grant Year
Hiatt, Mark NTTF Grant New Grant Year
Hanel, Stephen NTTF Grant New Grant Year
! Langdon, Ellen NTTF Grant New Grant Year
4 Kehlenbrink, D. NTTF Grant New Grant Year
f Vaughn, Jimmy Sheriff Office Comp Training
ff Losack, Jerome Sheriff Office Comp Training
Martinez, Paul Sheriff Office Comp Training
Rouse, Laquita Sheriff Office Comp Training
McCarroll, Sean Sheriff Office Comp Training
Okruhlik, Tammy Sheriff Office Comp Training
Hanks, Harvey Sheriff Office Comp Training
Houston, Sharun Sheriff Office Comp Training
Palomares, Jessica Tax Office Lat Transfer
Perez, Betty Tax Office Lat Transfer
on motion by Commissioner Sims, seconded by Commissioner
Norton, the Court voted unanimously to approve the changes as
submitted.
The Court next considered the following Claims as
submitted by the County Treasurer for payment:
• 10--GeneralFund-------------- Claims-11754--thru-12098--
20--Road & Bridge Claims-12278--thru-12360--
22--Road & Bridge II---------- Claims-12099--thru-12103--
30--Capital Projects & Improvements:
Proposition-I------- Claims-12104--thru--------
32--Records Mgn. & Presv------ Claims-12105--thru--12107-
54--Health Department Claims-12167--thru-12178--
60--Payroll------------------- Claims-12179--thru-12202--
61--Health & Life Ins--------- Claims-12203--thru-12208--
90--Brazos County Grants Claims-12209--thru-12258--
91--MPO----------------------- Claims-12259--thru-12263--
97--Marc. Traf. Task Force Claims-12264--thru-12277--
{ On motion by Commissioner Sims, seconded by Commissioner
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Turner, the Court voted unanimously to approve the Claims as
submitted.
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There being no further business to come before the Court,
the meeting was adjourned.
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The foregoing minutes of the Commissioners Court Meeting held
have been examined and approved in open Court
this the day of , 1947-0/r , in Bryan,
Brazos County, Texas.
4 Axle, 4-
R. J. Holmgreen
County Judge.
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Walter Wilcox
Commissioner, Precinct 2
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Gary Nor~*A L
CommissiikOer, Precinct 1
Dmmidsioner, Precinct 3
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BRAZOS COUNTY, TEXAS
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BUDGET AMENDMENT(S) FORS THE 1993-1994 BUDGET YEAR
NO. 93/94-17
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On this the 31 day of May 1994 at a special meeting of the
Commissioners' Court, the following members were present:
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R. J. Holmgreen, County Judge, Presiding
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Gary Norton, Commissioner, Precinct 1;
Walter Wilcox, Commissioner, Precinct 2s
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Randy Sims, Commissioner, Precinct 3;
Milton Turner, Commissioner, Precinct 4;
Mary Ann Ward, County Clerk. ;
The following proceedings were held: y
THAT WHEREAS, on May 31, 1994, the Court heard and approved a
budget-amendment for the 1993-1994 budget year for Brazos County,
Texas.
WHEREAS, an expenditure is necessary due to the necessity to
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meet unusual and' unforeseen conditions which could not be
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reasonably included in the original-btvdget adopted September 13,
1993, the following amendment(s) to the original are hereby
authorized, as described on the attached 1 page(s).
ADOPTED AND APPROVED this the 31st day of May 1994
THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS.
By: _a~a R. 0. en County Judge-
Co rh nLx f fro,VaR
Original: County Clerk's office and attached to the original
0 budget
Copies: County Auditor
County Treasurer
Commissioners' Court Minutes
l Budget Amendment File
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Budget Amend. No. 93194-17: Allay 31,1994
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FUND DEPT ACCOUNT # ACCOUNT NAME
INCREASE
(DECREASE) REASON
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General Health 10-45.5611 Insurance
4,127
Set up
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10-45-5610 Telephone
7,975
HD in-kind
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10-45-5612 Utilities
25,760
department
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10-45-5681 Armored Courier
278
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10-45-5561 Postage
4,830
10-45-5637 Audit Fees
5,500
IKG.>Ttf DEPT BUOGET; ;
$48,470
Non Depart 10-14-5611 Insurance
(4,127) Transfer
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- ; + mental 10-14-610 Telephone (71 )
10-14-5612 Utilities (25,760) in-kind
0 10-14-5681 Armored Courier (278) Dept
10-14-5561 Postage (4,830)
10-14-5616 Professional Fees (5,500)
C. T017~P7 &URGET:„ ~r ($48,470)
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Planters and Merchants State Bank
122 Wert Fourth Street lioorne, Texas 77859 (4091279.3438
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may ITS, 1994 JAMF5 FLORENCE
P,oudent and
Chairman of dte Soord
Brazos County
300 E. 26th ST.
Bryan, Texas 77803
RE: Irrevocable Letter of Credit No. 75
Job RFP No. 94-740 Fuel Management System
Dear Sirs:
We hereby establish our Irrevocable'Letter of Credit No. 75
for the account of Howard White dba White Pump Service, P.O. Box
827, Hearne, Texas 77859, for an amount not to exceed Sixty one
thousand two hundred ten and 30/100 ($61,210.30)
This Letter of Credit will be irrevocable as to the amount due
and will expire August 15, 1994.
Drafts must be drawn and negotiated on or before August 15, 1994..
All drafts must be marked "DRAWN UNDER PLANTERS AND MERCHANTS
STATE BANK, HEARNE, TEXAS, LETTER OF CREDIT NO. 75 dated May 18,
1994, along with a statement from Brazos County, signed by an
official authorized by Brazos County, stating that Howard White
dba White Pump Service has not performed as required by the
contract for Brazos County.
We hereby agree with drawers, endorsers, and bona fide holders
that all drafts drawn by reason of this credit and in accordance
with the above conditions will meet with due honor on
presentation at the office of PLANTERS AND MERCHANTS STATE BANK,
HEARNE, TEXAS.
This credit is subject to the Uniform Customs and Practice for
documentary credit/1983 revision/International Chamber of
Commerce publication No. 400.
Yours truly,
TS VIATE SANK,
PLANT AND MERCHA
H EA R) M . LTXXA S -
Ja s S. Stovall
V e President
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THE STATE OF TEXAS
COUNTY OF BRAZOS
For value received, and as collateral security for any and all indebtedness,
however evidenced, of the undersigned to PLANTERS AND MERCHANT
STATE BANK of Hearne, Texas, herein called assignee, now existing or
hereafter arising, the undersigned hereby assigns to assignee all moneys now
due or hereafter to become due the undersigned under that certain contract
dated April 30, 1994 between the undersigned and Brazos County, Texas,
identified further as follows:
Contract For Fuel Management System, RFP 94-740.
The undersigned appoints PLANTERS AND MERCHANT STATE BANK of
Hearne, Texas and/or its attorney to demand, receive, and enforce payment
and to give receipts, releases and satisfactions, in the same manner and with
the same effect as could be done by the undersigned if this assignment had not
been made.
Further, the undersigned does authorize all payments made with regards to
the above cited contract to be made out to PLANTERS AND MERCHANT
STATE BANK of Hearne, Texas, without specific endorsements.
DATED: 91994
SIGNED:
Howard White,
dba White Pump Service
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MEMORANDUM
May 26, 1994
TO: Commissioners Court
FROM: John Reynolds, County Au
SUBJECT: Performance Bond - White Pump Service
Fuel Management System
On the Court's agenda for Tuesday May 31, 1994 is an item which is
requesting the Court to approve the substitution of a line on credit issued
by Planters and Merchant State Bank in behalf of Howard White ( dba White
Pump Service) for a performance bond.
Mr. White was the low bidder on the fuel management system ($61,210).
The next bidder in line was $20,000 higher. Mr. White at the time he bid
was not aware that a financial audit would be required in order for an
underwriter to issue a performance bond. The cost to get the audit done
was estimated at $1,500, but no one could get to it till June. Mr. White had
30 days to respond or else the agreement with'the County stipulated that
the Court would go to the next bidder.
In an effort to provide the County with the required security, Mr. White
enjoined his bank to issue a line of credit on his behalf to the County (see
attached). In return to secure the line of credit Mr. White assigned the
payments (see attached) that the County is to make to him on the contract
to Planters and Merchant State Bank. This essentially provides the same
guarantee as a performance bond.
After several discussions with Jim Stovall, a vice president at Planters and
Merchants, it is noted that the bank seems very comfortable with the
arrangement and with Mr. White. The bank is confident that Mr. White can
complete the job in 10 - 15 days. The line of credit has a termination date
of August 15th, so this would provide a period of time for acceptance of
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work before final payment is made. Additionally, it is in the bank's interest
to assist the County in assuring that the August 15th date is met for
construction and approval, because their security could be in jeopardy.
The assignment is made out by Mr. White directing the County to make all
payments to the bank with regards to the contract. This does not make the
bank a party to the contract, only a beneficiary.
As the County Auditor I see nothing wrong with the arrangement. The
County is not taking any more risk than it would with a performance bond.
If construction has not been completed by July 15, 1994 we would request
from the bank an extension on the line of credit. There is nothing in the
statutes (LGC § 262, Article 5160, GC § 2253.021) which prevent the Court
from making the substitution. However, the Court has never extended this
flexibility to a vendor on a contract under $100,000.
If there is any further information that the Court feels is required please
advise.
(Note: A letter of credit is currently priced as I% to 3% of the amount cited.
The variance in the percent is based on the credit worthiness of the
borrower. Mr. Whit's line of credit is at 1%.)
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CONTRACT
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF BRAZOS §
THIS CONTRACT is entered into on this theZ~b day of
1094, by and between BRYAN IRON & METAL, INC. d/b/a TEXAS C MMERCIAL
WASTE, acting by and through its Manager, Ron Schmidt, and located at 2011 West
Highway 21, Bryan, Brazos County, Texas (herein referred to as 'TEXAS COMMERCIAL
WASTE"), and BRAZOS COUNTY, TEXAS, acting by and through its authorized
representative, THE HONORABLE R.J. HOLMGREEN, County Judge, with the approval
of the Brazos County Commissioners (herein referred to as "BRAZOS COUNTY");
WHEREAS, TEXAS COMMERCIAL WASTE provides collection and disposal
services of Household Solid Waste as defined by Texas law from collection sites designated
by BRAZOS COUNTY;
WHEREAS, TEXAS COMMERCIAL WASTE provides the roll-off containers and
equipment necessary for the collection of said Household Solid Waste at said collection site
for BRAZOS COUNTY;
WHEREAS, TEXAS COMMERCIAL WASTE and BRAZOS COUNTY desire to
enter into a written contract for said collection and disposal services to be provided on an
annual basis to BRAZOS COUNTY under the terms of this agreement;
NOW, THEREFORE, for and in consideration of the covenants, conditions, and
promises as set forth in this agreement, it is agreed by and between TEXAS
COMMERCIAL WASTE and BRAZOS COUNTY that:
I.
DEFINITIONS
1. Agreement. The contract between TEXAS COMMERCIAL WASTE AND
BRAZOS COUNTY provides for equipment and manpower for the collection and disposal
of Household Solid Waste within Brazos County under the terms and conditions set out
herein.
2. Brazos Valley Solid Waste Management Agency, herein referred to as
BVSWMA.
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3. Customers. Those Brazos County residents utilizing a collection station
designated by BRAZOS COUNTY.
4. Household Solid Waste. Any waste including garbage and rubbish as defined
under §361.003 of the Texas Health and Safety Act (Solid Waste Disposal Act) which can
lawfully be deposited, dumped, or placed at any BRAZOS COUNTY collection site.
Household Solid Waste does not include demolition/construction debris, hazardous
substance, or industrial solid waste.
5. Roll-Oft Containers. The type of solid waste industry container provided by
TEXAS COMMERCIAL WASTE and loaded by winch truck.
II.
GENERAL DESCRIP'T'ION OF SERVICES TO BE PROVIDED BY TEXAS
COMMERCIAL WASTE
For and in consideration of the covenants and conditions herein set forth, TEXAS
COMMERCIAL WASTE shall (i) provide roll-off containers and necessary equipment to
maintain and service said roll-off containers at designated collection sites within Brazos
County and (ii) shall haul and dispose of Household Solid Waste collected at the designated
disposal sites (hereafter collectively referred to as the "Services"). Maintenance of the roll-
off containers shall mean keeping such containers washed, painted and replaced, if necessary
III.
DISPOSAL SITE TO BE USED
The BVSWMA landfill located on Rock Prairie Road, College Station, Texas, shall
be the disposal site for all Household Solid Waste collected by Texas Commercial Waste
pursuant hereto, unless another site is designated by BRAZOS COUNTY and BVSWMA
for the County's solid,waste disposal.
IV.
RATES TO BE CHARGED BY TEXAS COMMERCIAL WASTE
Attached hereto as Exhibit "A" and incorporated herein by reference is the Schedule
of Rates which TEXAS COMMERCIAL WASTE shall charge to BRAZOS COUNTY for
the aforementioned services, such Schedule of Rates may be revised periodically by TEXAS
COMMERCIAL WASTE, but such revisions shall not become effective until submitted to
and approved by the County Judge and County Commissioners in writing. Each approved
revision to Exhibit "A" will be attached to this agreement, accepted by both parties with an
effective date, and shall control the rates to be charged BRAZOS COUNTY by TEXAS
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COMMERCIAL WASTE until any future revision. Should the parties fail to agree to a
revised rate schedule, either party may terminate this agreement upon thirty (30) days
written notice.
V.
PAYMENT BY BRAZOS COUNTY
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TEXAS COMMERCIAL WASTE shall submit monthly invoices to BRAZOS
COUNTY c/o Brazos County Auditor, 300 East 26th Street, Room 314, Bryan, Texas 77803,
premised upon the rates set forth in this agreement. The monthly invoices shall be payable
by BRAZOS COUNTY within thirty (30) days of their receipt. In the event an invoice
is not paid within thirty (30) days of receipt, TEXAS COMMERCIAL WASTE may, at
its discretion, charge interest on said invoice at the rate of 10% per annum until it is paid.
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ACCESS TO RECORDS AND REPORTING
BRAZOS COUNTY shall have access to TEXAS COMMERCIAL WASTE'S
records, relating to the services provided pursuant to this agreement. Access by BRAZOS
COUNTY to TEXAS COMMERCIAL WASTE's records shall be provided upon reasonable
notice and during normal business hours of TEXAS COMMERCIAL WASTE. These
records shall include, but not be limited to, any complaints made by customers to TEXAS
COMMERCIAL WASTE and the investigation and/or action taken by TEXAS
COMMERCIAL WASTE as a result of such complaints or inquiry.
VII.
PLACEMENT OF ROLL-OFF CONTAINERS AND EQUIPMENT
All roll-off containers and collection equipment shall be placed for service within
BRAZOS COUNTY and at such locations as selected and prepared by BRAZOS COUNTY
and its employees, contractors, or subcontractors. BRAZOS COUNTY shall be solely
responsible for obtaining the rights, license, privileges, easements or title to the real property
on which each collection site is located. BRAZOS COUNTY, with the consultation and
advice of TEXAS COMMERCIAL WASTE shall prepare the collection site for the roll-off
container and collection equipment. After BRAZOS COUNTY has designated a collection
site, TEXAS COMMERCIAL WASTE shall provide the roll-off container and collection
equipment at such site within thirty (30) days after completion of the necessary site
preparation by BRAZOS COUNTY, and notice thereof. During the performance of
Services, TEXAS COMMERCIAL WASTE shall not place collection containers on public
streets, alleys or thoroughfares. All vehicles used by TEXAS COMMERCIAL WASTE to
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1remove and haul the Household Solid Waste shall be covered to prevent spillage, blowing
or scattering of refuse onto public streets or private property.
VIII.
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OBEDIENCE TO LAWS & REGULATIONS
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TEXAS COMMERCIAL WASTE agrees that it shall comply with all laws, policies,
rules and regulations of the United States, The State of Texas, BRAZOS COUNTY, and
BVSWMA, with regard to the collection and disposal of Household Solid Waste and the
disposal of said waste at the landfill herein designated. All collections made under this
agreement shall be made by TEXAS COMMERCIAL WASTE without unnecessary noise,
disturbance, or interference with BRAZOS COUNTY citizens.
IX.
OWNERSHIP OF EQUIPMENT & MATERIALS COLLECTED
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All roll-off containers, equipment, trucks, vehicles, parts and accessories utilized in
Z the collection and disposal of waste under this agreement shall be the sole and exclusive
property of TEXAS COMMERCIAL WASTE. The sole and exclusive title to any waste
collected by TEXAS COMMERCIAL WASTE under this agreement shall remain with
t BRAZOS.000NTY, subject to Article XII hereof, until it is disposed at the landfill.
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X.
TIMELY PROVIDING OF SERVICES
TEXAS COMMERCIAL WASTE shall provide the Services on an "as needed" basis.
Upon notification by BRAZOS COUNTY through the County Road Engineer and/or its
designated employee, TEXAS COMMERCIAL WASTE shall provide the Services to that
i collection site within forty-eight (48) hours of notification (exclusive of weekends and
Federal holidays). TEXAS COMMERCIAL WASTE shall respond to any complaints within
forty-eight (48) hours of receiving notice of such complaint and shall report to BRAZOS
COUNTY within a reasonable time thereafter, the action taken on the complaint.
DEFAULT
In the event TEXAS COMMERCIAL WASTE shall (i) fail to provide Services for
a period of five (5) consecutive working days or more; or (ii) fail to provide or keep in
effect the insurance required by this contract, TEXAS COMMERCIAL WASTE shall be
deemed to be in default pursuant to this agreement. If TEXAS COMMERCIAL WASTE
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shall fail to cure such default within thirty (30) days after written notice from BRAZOS
COUNTY describing specifically the events of default alleged, BRAZ.OS COUNTY may
terminate this contract. In the event TEXAS COMMERCIAL WASTE shall (i) fail to
provide services on an "as needed basis", (ii) fail to respond adequately to complaints within
forty-eight (48) hours after notice thereof or (iii) fail to comply with any term, covenant or
condition of this contract (other than stated above), upon written notice of the alleged
default mailed by registered mail and after a hearing before the Brazos County
Commissioners Court, wherein TEXAS COMMERCIAL WASTE shall be given an
opportunity to answer the alleged violations, BRAZ.OS COUNTY may terminate this
contract upon a majority vote of the Court.
XII.
INDEMNIFICATION
In the event BRAZOS COUNTY suffers any damages, costs, losses or expenses due
to the unintentional or intentional act, omission, mistake, fault or default of TEXAS
COMMERCIAL WASTE, then TEXAS COMMERCIAL WASTE shall Indemnity and hold
BRAZOS COUNTY harmless for such damage, costs, losses and expenses.
TEXAS COMMERCIAL WASTE agrees to and shall indemnity and hold harmless
BRAZOS COUNTY, its officers, agents and employees from and against any and all claims,
losses, damages, causes of action, suits, and liability of every kind, Including all expenses
of litigation, court costs, attorneys' fees, for Injury to or death of any person, or for damage
to any property arising out of or In connection with the work done by TEXAS
COMMERCIAL WASTE under this agreement, regardless of whether such Injuries, deaths
or damages are caused In whole or in part by the negligence, including but not limited to,
the comparative negligence, concurrent negligence, or gross negligence of BRAZOS
COUNTY.
TEXAS COMMERCIAL WASTE shall not transport any asbestos or other
hazardous waste (herein "Prohibited Material") to the BVSWMA landfill. In the event
TEXAS COMMERCIAL WASTE does transport such Prohibited Material, whether
intentionally or unintentionally, it shall indemnify and hold harmless BRAZOS COUNTY
for any spillage of any Prohibited Material.
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INSURANCE
TEXAS COMMERCIAL WASTE shall procure pind maintain, at its sole cost and
expense, for the duration of this agreement and in the amount hereinafter stated, Insurance
against claims for injuries to persons or damages to property which may arise from or In
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connection with the performance of the work hereunder by TEXAS COMMERCIAL
WASTE, its agents, representatives, or employees.
TEXAS COMMERCIAL WASTE'S insurance coverage shall be primary insurance
with respect to BRAZOS COUNTY, its officials, agents and employees. Any insurance or
self-insurance maintained by BRAZOS COUNTY, its officials or employees shall be
considered in excess of TEXAS COMMERCIAL WASTE'S insurance and shall not
contribute to it.
Certificates of Insurance and endorsements shall be furnished to BRAZOS COUNTY
and approved by BRAZOS COUNTY before work commences. Upon request, certified
copies of all insurance policies to be provided hereunder shall be furnished to BRAZOS
COUNTY.
The following types of insurance shall be furnished by TEXAS COMMERCIAL
WASTE:
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1. Commercial General Liability Policy
2. Automobile Liability Policy
3. Worker's Compensation Policy
TEXAS COMMERCIAL WASTE shall provide the insurance required hereunder
subject to the following requirements.
1. The Insurance Carrier(s) shall be licensed and admitted to do business
in the State of Texas .
2. Claims Made Policies will not be accepted.
3. Deductibles are acceptable on a per occurrence basis for property
darnage only and shall not exceed $250.00
4. BRAZOS COUNTY, its officials, agents and employees are to be
added as "Additional Insured" to the General Liability and the
Automobile liability policies. The coverage shall contain no special
limitations on the scope of protection afforded to BRAZOS COUNTY,
its officials, agents and employees.
5. A Waiver of Subrogation in favor of BRAZOS COUNTY with respect
to the General liability, Automobile Liability, and Workers'
Compensation insurance must be included.
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6.
Each insurance policy shall be endorsed to state that coverage shall not
be suspended, voided, canceled, reduced in coverage or in any way
limited except after thirty (30) days prior written notice by certified
mail, return receipt requested, has been given to BRAZOS COUNTY.
7.
The commercial general liability policy shall provide for Minimum
Combined Single limit of $1,000,000 per occurrence for Bodily Injury
and Property Damage.
8.
The automobile liability policy shall provide for Minimum Combined
Single Limit of $1,000,000 per occurrence for Bodily Injury and
Property Damage.
9.
The automotive liability policy shall cover "any owned automobiles"
and carry a symbol 1 designation in the covered autos portion of the
liability section.
10.
TEXAS COMMERCIAL WASTE shall have workers' compensation
insurance for each of its employees, subcontractors, and borrowed
servants. Employer liability limits of $500,000/5500,000/5500,000 are
required.
11.
Ile Worker Compensation policy must include the endorsement WC
42-03-04, Texas Waiver of our Right to Recover from Others.
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The policy must be a Texas compensation policy.
Certificates of Insurance shall be prepared and executed by the insurance
company or its au
thorized agent, and shall contain provisions representing and warranting
the following:
a. The company is licensed and admitted to do business in the
State of Texas.
b. The insurance set forth by the insurance company are
underwritten on forms which have been approved by the Texas
State Board of Insurance or ISO.
C. Sets forth all endorsements as required above and insurance
coverages as previously set forth herein.
d. Shall specifically set forth the notice of cancellation,
termination, or change in coverage provisions to BRAZOS
COUNTY.
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Original endorsements affecting coverage required by this section shall be
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furnished with the certificates of insurance.
XIV.
SAFETY
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TEXAS COMMERCIAL WASTE shall perform the Services in accordance with
applicable laws, codes, ordinances and regulations of the United States, State of Texas and
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Brazos County and in compliance with OSHA and other laws as they apply to its employees
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and their working conditions. It is the intent of the parties that the safety precautions are
a part of the collections techniques for which TEXAS COMMERCIAL WASTE is solely
responsible. In the carrying out of the work herein provided, TEXAS COMMERCIAL
WASTE shall use all proper skill and care, and TEXAS COMMERCIAL WASTE shall
exercise all due and proper precautions to prevent injury to any property, person or persons.
TEXAS COMMERCIAL WASTE assumes responsibility and liability and hereby agrees to
indemnify BRAZOS COUNTY from any liability, costs, damages, suits, or causes of action
caused by TEXAS COMMERCIAL WASTE's failure to comply with applicable federal, state
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or local laws and regulations, relating to the maintenance of a safe and protected working
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environment, and the safe use and operation of machinery and equipment In that working
environment.
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XV.
NON-EXCLUSIVITY
TEXAS COMMERCIAL WASTE and BRAZOS COUNTY agree that this Contract
does not limit or prevent BRAZOS COUNTY contracting with other waste haulers (i) for
sites other than those listed on Exhibit "A"; and (ii) for sites listed on Exhibit "A" if
BRAZOS COUNTY, in its sole discretion, determines that there is a need for additional
services, other than those services as defined herein, at those sites that TEXAS
COMMERCIAL WASTE cannot provide.
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XVI.
NOTICES
All notices required under the terms of this contract to be given by either party the
a
other shall be in writing, and unless otherwise specified in writing by the respective parties,
shall be sent to the parties at the addresses following:
TEXAS COMMERCIAL WASTE:
2011 Highway 21
Bryan, Texas 77803
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BRAZOS COUNTY:
County Judge
Brazos County Courthouse
300 E. 26th Street
Bryan, Texas 77803
All notices shall be deemed to have been properly served only if sent by Registered
or Certified Mail, to the person(s) at the address designated as above provided, or to any
other person at the address which either party may hereinafter designate by written notice
to the other party.
XVIL
AMENDMENTS
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It is hereby understood and agreed by the parties to this agreement that no alteration
or variation to the terms of this agreement shall be made unless made in writing, approved
by both parties, and attached to this agreement to become a part hereof.
XVIII.
SEVERABILM
If any section, sentence, clause or paragraph of this agreement is for any reason held
to be invalid or illegal, such invalidity shall not effect the remaining portions of the
agreement.
XIX.
ASSIGNMENT
This agreement shall inure to the benefit and be binding upon the parties hereto and
their respective successors or assigns, and shall not be assignable by either party without the
prior written consent of the other party.
XX.
AUTHORITY
The parties to this agreement warrant and represent to one another that they have
the power and authority to enter into and perform their respective obligation under this
agreement in the names, titles jand capacities herein stated and on behalf of the entities,
persons, estates or firms represented or purported to be represented by such person and all
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formal requirements necessary or required by any state and/or federal law or private
agreement in order for the parties to enter into and perform their respective obligations
under this agreement have been fully complied with.
XXI.
TERM OF AGREEMENT
The initial term of this agreement shall be for a period beginning on the effective
date of this agreement and expiring on September 30, 1994. The agreement shall be
extended for one (1) year beginning on October 1, 1994, until October 1. 1995, unless
canceled and terminated by BRAZOS COUN'T'Y within sixty (60) days of the initial
termination date. On October 1. 1995, and each year thereafter, this agreement shall
automatically renew and extend in full force and effect for a term of one (1) year unless
either party gives written notice by registered mail within sixty (60) days prior to the
termination date.
EXECUTED this ~,~.day of 1994.
BRAZOS COUNTY
By.-
County Judge-
COmllSrrs~wwiv PcT..Z+ j
BRYAN IRON & METAL, INC.
d/b/a TEXAS COMMERCIAL WASTE
By
Ron Schmidt, General Manager a
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EXHIBIT 'A' .
PRECINCT LOCATION DESCRIPTION OF EQUIPMENT MONTHLY FEE HAULING FEE
1
Miilican
1-30 cubic yard open top/roll
no charge
$85.00
per
load
off container
2
FM 2038
1-2 cubic yard stationary
$275.00
$85.00
per
load
compactor
1-40 cubic yard roll off
<
receiving container
1-30 cubic yard open top
_
roll off container (white goods)
3
State Huy 30
1-2 cubic yard stationary
;200.00
$85.00
per
load
compactor
1-40 cubic yard roll off
receiving container
4
State Hvy 60
2-30 cubic yard open top/roll
no charge
$85.00
per
load
-
off containers
4
Leonard Road
2-30 cubic yard open top/roll
no charge
$85.00
per
load
fi'1
off containers
4
Mumford Road
2-30 cubic yard open top/roll
no charge
$85.00
per
load
off containers
`
4
Smetana
2-30 cubic yard open top/roll
no charge
$85.00
per
load
off containers
4
Steele Store
1-30 cubic yard open top/roll
no charge
$85.00
per
load
off container
APPROVAL:
TEXAS COMMERCIAL
WASTE BRAZOS COUNTY
EFFEC
TIVE
DATES !
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BR.AZOS COUNTY
BRYAN. TEXAS
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MEMO
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TO: John Reynolds, County Auditor
FROM: R. J. Holmgreen, County Judge
RE: EXEMPTION FROM COMPETITIVE BIDDING REQUIREMENTS OF
LOCAL GOVERNMENT CODE, SECTION 262.024(a)(7A).
Please be advised that on this 31st day of May, 1994, at a Special Session of the
Commissioners' Court on which the following members were present:
County Judge
Gary Norton Commissioner, Pct. 1
Walter Wilcox Commissioner, Pct. 2
Randy Sims Commissioner, Pct. 3
Milton Turner Commissioner, Pct. 4
The Commissioners' Court has determined that there is a need to purchase excavation
and pipeline adjustment services from the following vendor: Texas Utilities Fuel
Company, and hereby grants an exemption from the competitive bidding requirement
as provided in the Local Government Code, Section 262.024(a)(7A). The Court
hereby approves payment of invoice number 130 in the amount of $21,940.51.
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