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HomeMy WebLinkAbout2016-01-19 10:00AM REGULAR MEETINGhjIllIs A8-39 BRAZOSCOUNTY BRYAN,TEXAS NOTICE OF METING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON JANUARY 19, 2016 AT 10:00 AM IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVE., SUITE 106, BRYAN, TX 77803 1. Invocation and Pledge of Allegiance - U.S. and Texas Flag - Chaplain G.H. Jones and Judge Peters 2. Call for Citizen input and/or concerns. Consider and take action on agenda items 3 - 25: 3, Request for out-of-state travel for Judge Steve Smith to attend the Midyear meeting of the ABA National Conference of Specialized Court Judges from February 4-7, 2016 in San Diego, California. 4, Request from the Information Technology Department for out-of-state travel for Kathy Pierson, Melissa Dee and Chris Villalpando to attend the Knowledgel6 ServiceNow training conference in Las Vegas, Nevada. Dates of travel are May 14 - 20, 2016. 5. Authorize the County Judge, County Auditor and Emergency Management Coordinator to sign the FY 2016 Emergency Management Performance Grant (EMPGI Application. g, Authorize the County Judge and Emergency Management Coordinator to sign the FY 2016 Homeland Security Grant Program (HSGP) Application. 7. Memorandum of Understanding with the Department of Homeland Security for E -verify program. g. Approval of proposal for Novusolutions to provide all hosting for the NovusAGENDA software at a cost of 1,000 per year. 9. Release of claim for property damage with State Farm for culvert damage on county property. 10. Lease agreement between Brazos County and the Junior League of Bryan -College Station, Inc. vol. -X z© pg. 11. Indigent Care Affiliation Agreement between Brazos Countv and Rock Prairie Behavioral Health 12. Request from Justice of the Peace Pct 2 to use JP Tech funds in the amount of $1,700.00 to purchase a ticket writer for Constable Pct. 2. 13. Authorization to substitute a vehicle for one previously identified in the FY16 budget as a candidate for replacement for the Sheriffs Office. 14. Change order to PO # 16000663 to Larry Young Paving to reduce contract amount by $36,035.80. 15. Approval of contract with L3 Communications for maintenance of two (2) x-ray scanners located at the Courthouse and Admin Building. 16. Renewal of bid contract # 2016-150R Fencing Supplies 17. Renewal of contract # 2016-156R for ATM Machines with Motor City Cash Machines (aka BrisaCash 18. Award of bid # 2016-134 Road Signs and Sign Posts. 19. 20. located in Precinct 1. Acceptance of Special Warranty Deed from Theresa Holland Ann Duke Patricia Hanshaw and Anthony Damian Seaback for 0.09 acre of land to be used for improvements to Merka Road located in Precinct 2 21. Aproval of Treasurers Report for November 2015. 22. Tax Refund Applications for the following: • a. John Boswell -overpayment -518.46 23. Budget Amendments. Budget Amendments FY 15/16 17.1-17.5 24. Personnel Change of Status. Personnel Action Forms 25. Payment of Claims. 26. Acknowledgement of the 2015 Racial Profile Report for Constable Pct. 2. 27. Acknowledgement of the 2015 Racial Profile Report for Constable Pct 4 28. Sheriffs report on inmate population. 29. Announcement of interest items and possible future agenda topics. 30. Call for Citizen input and/or concerns. 31. Adjourn. Voi. Ja Pg. 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 propedy 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 1 551.042. 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) 3614102. Vol. az j 2 MINUTES JANUARY 19, 2016 BRAZOS COUNTY COMMISSIONERS COURT REGULAR MEETING A regular meeting of the Commissioners' Court of Brazos County, TX 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, January 19, 2016 with the following members of the Court present: Duane Peters, County Judge, Presiding; Lloyd Wassermann, Commissioner for Precinct 1; Sammy Catalena, Commissioner for Precinct 2; Kenny Mallard, Commissioner for Precinct 3; Irma Cauley, Commissioner for Precinct 4; Karen McQueen, County Clerk, Absent. The attached sheets contain the names of the citizens and officials that were in attendance. Invocation and Pledge of Allegiance U.S. and Texas Flag - Chaplain G.H. Jones and Judge Peters Call for Citizen input and/or concerns There was no citizen's input. Consider and take action on agenda items 3-25: 3. Request for out-of-state travel for Judge Steve Smith to attend the Midyear meeting of the ABA National Conference of Specialized Court Judges from February 4-7, 2016 in Vol. j 0 pg.. 7� San Diego, California. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 5-0. Members voting Ayes: Catalena, Cauley, Mallard, Peters, Wassermann 4. Request from the Information Technology Department for out-of-state travel for Kathy Pierson, Melissa Dee and Chris Villalpando to attend the Knowledge16 ServiceNow training conference in Las Vegas, Nevada. Dates of travel are May 14 - 20, 2016. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy Catalena. Passed. 5-0. Members voting Ayes: Catalena, Cauley, Mallard, Peters, Wassermann 5. Authorize the County Judge, County Auditor and Emergency Management Coordinator to sign the FY 2016 Emergency Management Performance Grant (EMPG) Application. A copy of the grant application is attached. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5-0. Members voting Ayes: Catalena, Cauley, Mallard, Peters, Wassermann 6. Authorize the County Judge and Emergency Management Coordinator to sign the FY 2016 Homeland Security Grant Program (HSGP) Application. A copy of the grant application is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy Catalena. Passed. 5-0. Members voting Ayes: Catalena, Cauley, Mallard, Peters, Wassermann Memorandum of Understanding with the Department of Homeland Security for E -verify program. The Court approved as submitted a Memorandum of Understanding between Brazos County and the Department of Homeland Security for the E -Verify program. E -Verify will electronically confirm an employee's eligibility to work in the United States after completion of Form 1-9, Employment Eligibility Verification. A copy is attached. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Kenny Mallard. Passed. 5-0. Members voting Ayes: Catalena, Cauley, Mallard, Peters, Wassermann 8. Approval of proposal for Novusolutions to provide all hosting for the NovusAGENDA software at a cost of 1,000 per year. A copy of the proposal is attached. Vol.�j6 Pg, 0273 Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5-0. Members voting Ayes: Catalena, Cauley, Mallard, Peters, Wassermann Release of claim for property damage with State Farm for culvert damage on county property. A copy of the release is attached. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5-0. Members voting Ayes: Catalena, Cauley, Mallard, Peters, Wassermann 10. Lease agreement between Brazos County and the Junior League of Bryan -College Station, Inc. This lease is approved retroactively. The lease began on June 1, 2015 and will end on June 1, 2017. A copy of the lease agreement is attached. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5-0. Members voting Ayes: Catalena, Cauley, Mallard, Peters, Wassermann 11. Indigent Care Affiliation Agreement between Brazos County and Rock Prairie Behavioral Health. A copy of the agreement is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 5-0. Members voting Ayes: Catalena, Cauley, Mallard, Peters, Wassermann 12. Request from Justice of the Peace Pct. 2 to use JP Tech funds in the amount of $1,700.00 to purchase a ticket writer for Constable Pct. 2. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 5-0. Members voting Ayes: Catalena, Cauley, Mallard, Peters, Wassermann 13. Authorization to substitute a vehicle for one previously identified in the FY16 budget as a candidate for replacement for the Sheriff's Office. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Irma Cauley. Passed, 5-0. Members voting Ayes: Catalena, Cauley, Vol. _ _ j0 pg, _,� AZ Mallard, Peters, Wassermann 14. Change order to PO # 16000663 to Larry Young Paving to reduce contract amount by $36,035.80. A copy of the change order is attached. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5-0. Members voting Ayes: Catalena, Cauley, Mallard, Peters, Wassermann 15. Approval of contract with L3 Communications for maintenance of two (2) x-ray scanners located at the Courthouse and Admin Building. A copy of the contract is attached. Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner Irma Cauley. Passed. 5-0. Members voting Ayes: Catalena, Cauley, Mallard, Peters, Wassermann 16. Renewal of bid contract # 2016-150R, Fencing Supplies. The Court accepted as submitted the recommendation of the Purchasing Agent and awarded Bid Contract #2016-150R Fencing Supplies as follows: Woodson Lumber- Items 1-5, 13-16, and 22 Bell Fence Supply- Items 6-11, and 18-21 A drawing was held for item #12 and was awarded to Woodson Lumber. It was determined after Court on January 19, 2016 that lots should not have been drawn for Contract #2016-150R and item #12 should have been renewed as awarded last year. This contract was placed on the January 26, 2016 agenda and the renewal of contract was approved with the following corrections: Item 12 was awarded to Bell Fence Supply. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5-0. Members voting Ayes: Catalena, Cauley, Mallard, Peters, Wassermann 17. Renewal of contract # 2016-156R for ATM Machines with Motor City Cash Machines (aka BrisaCash. Commissioner Mallard asked the Purchasing Agent if there were any issues with the ATM machines. Mr. Wendt stated that he was not aware of any issues. He also stated that other companies were more expensive because they require more fees. A copy of the renewal of contract is attached. Vol. sj0:Pg-_ez_7S Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 5-0. Members voting Ayes: Catalena, Cauley, Mallard. Peters, Wassermann 18. Award of bid # 2016-134 Road Signs and Sign Posts. Bid #2016-134 Road Signs and Sign Posts was awarded to Vulcan, Inc. A copy of the bid tabulation and contract is attached. Motion: Approve, Moved by Commissioner -Loyd Wassermann, Seconded by Commissioner Irma Cauley. Other. 5-0. Members voting Ayes: Catalena, Cauley, Mallard, Peters, Wassermann 19. Consider and take action on the Verizon Southwest utility permit on Calumet Trail located 179 feet southwest of Riva Ridge Road. Work consists of boring a distance of 407 feet near the existing right of way line on the northwest side to place a telephone cable in a 4 inch conduit. Line will be a minimum depth of 36 inches within the right of way and 5 feet below the existing culvert crossings. Site is located in Precinct 1. Motion: Approve, Moved by Commissioner Lloyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5-0. Members voting Ayes: Catalena, Cauley, Mallard. Peters. Wassermann 20. Acceptance of Special Warranty Deed from Theresa Holland, Ann Duke, Patricia Hanshaw and Anthony Damian Seaback for 0.09 acre of land to be used for improvements to Merka Road located in Precinct 2. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5-0. Members voting Ayes: Catalena, Cauley, Mallard, Peters, Wassermann 21. Aproval of Treasurers Report for November 2015. The Court voted unanimously to receive, approve and order filed as submitted the Treasurer's report for November 2015. A copy is attached and made a part of these minutes. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5-0. Members voting Ayes: Catalena, Cauley, Mallard, Peters, Wassermann 22. Tax Refund Applications for the following: • a. John Boswell -overpayment -$18.46 Vol. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5-0. Members voting Ayes: Catalena, Cauley, Mallard, Peters, Wassermann 23. Budget Amendments. Budget Amendments FY 15/16 17.1 - 17.5 17.1 Transfer of funds from General Fund Contingency to Fleet Maintenance Services. 17.2 Reallocate funds for General Capital Improvements - Jail. 17.3 Reallocate funds for General Capital Improvements - Sheriff's Office. 17.4 Reallocate funds for General Capital Improvements - Constable, Precinct 4. 17.5 Transfer of funds from General Fund Contingency to Information Technology. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5-0. Members voting Ayes: Catalena, Cauley, Mallard, Peters, Wassermann 24. Personnel Change of Status. Personnel Action Forms A copy of the Personnel Change of Status requests is attached. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5-0. Members voting Ayes: Catalena, Cauley, Mallard, Peters, Wassermann 25. Payment of Claims. Claim numbers 7140459 - 7140740 Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5-0. Members voting Ayes: Catalena, Cauley, Mallard, Peters, Wassermann 26. Acknowledgement of the 2015 Racial Profile Report for Constable, Pct. 2. The Court acknowledged receipt of the 2015 Racial Profiling Report for Constable, Precinct 2. 27. Acknowledgement of the 2015 Racial Profile Report for Constable, Pct. 4. The Court acknowledged receipt of the 2015 Racial Profiling Report for Constable, Precinct 4. 28. Sheriff's report on inmate population. Vol. __Q2 Pg. P? Sheriff Chris Kirk stated there were 633 inmates in jail, 55 have electronic monitors and 15 are pending for monitors. 29. Announcement of interest items and possible future agenda topics. There were no announcements. 30. Call for Citizen input and/or concerns Commissioner Mallard announced he and Commissioner Cauley attended the Texas Conference of Urban Counties conference, and hopes that the entire Court can attend next year. 31. Adjourn. Vol._�p p9�7�. The foregoing minutes of the Commissioners Court meeting held January 1,9, 2016 have been examined and are approved in open Court this I&++ day of D'f6ne Peters County Judge 2016, in Bryan, Brazos County, Texas. Lloyd Wassermarm Commissioner, Precinct I Catena Kenny MallardIj Commiss' ner, Precinct 2 Commissioner, Precinct 3 Irma Cauley �, Commissioner, Attest: County Clerk 37l Pe f of 2 BRAZOS COUNTY COMMISSIONER'S COURT 19' DAY lv;vd Name (PLEASE PRINT) �tiyl) ^"/ — \,V ru,\ QUFrlarN 20 J- Organization (PLEASE PRINT) IN , mil , r1 Y e"E111. �d`Pg. o7OE6- Piz 2, of z BRAZOS COUNTY COMMISSIONER'S COURT DAY OF 1_- + Name (PLEASE PRINT) 6 0 S VRAft C t& wt owgg 1,,,[na)1- ,T hw A" /v \1G -w- 20 Organization (PLEASE PRINT) -7-w'cR, c„y oiccss47,o,L, Pg...�ri/ C FISCAL YEAR 2016 EMERGENCY MANAGEMENT PERFORMANCE GRANT APPLICATION 1. APPLICANT NAME (Jurisdiction): Brazos County 2. COUNTY: Brazos 3. DISASTER DISTRICT: 13 4. EMPG STATUS: 0 Current EMPG Program participant ❑ New EMPG Program applicant 5. PROGRAM PARTICIPANTS; (List adjudsdictions that am participants in your emergency management program. Identity any jurisdictions that Have joined or withdrawn from your program in the last year.) Brazos County, City of Bryan. City of College Station, City of Konen. City of Wixon Valley, Texas A&M University 6. CHECKLIST OF APPLICATION ATTACHMENTS: (Seethe FY 2015 Emergency Management Performance Grant (EMPG) Guide for information on completing these forms.) 0 Designation of Grant Officials (TDEM-17B) 0 Statement of Work & Cumulative Progress Report (TDEM-17A)-This form shall be signed by the EMC 0 EMPG Staffing Pattem (TDEM-06) - The Authorized Official shall sign this forth fQ Application for Federal Assistance (TDEM-67) -The Authorized Oficial shall sign this form ✓Q EMPG Staff Job Description.(TDEM-68) - A current job description is required for each staff member listed in the FY 2014 EVPG Staffing Pattern (TDEM-66) ✓I] FEMA Form 20-16 Summary Sheet for Assurances & Certifications - Shall be signed by an Authorized Official Attached: QJ FEMA Form 20-16A, Assurances - Non -Construction Programs FEMA Form 20-16C, Certifications Regarding Lobbying, Debarment, Suspension, & Other Responsibility Matters; and Drug -Free Workplace Requirements ❑ FEMA Form SF LLL, Disclosure of Lobbying Activities - Signed by the Authorized Official required only if fhe applicant performs lobbying to influence federal actions J❑ Direct Deposit Authorization (form 74-146) orApplication for Payee ID Number (form AP -152) - The Grant Financial Officer shall sign this form J❑ Travel Policy Certification (TDEM-69)- The Grant Financial Officer shall sign this form 7. CERTIFICATION: This Application, together with the approved EMPG Statement of Work & Cumulative Progress Report "7ibFM-I A), coD itutsi elan a rk plan forthe emergency management program whose participants ata listed above. The undersign agrbe fo exert lheir be efforts to accomplish all activities listed in the Statement of Work & Cumulative Progress Report app ve ythe Texas Div! o ergency MenagemC\Vnlh�V,,1 20 1yLCl0..tX�-�\ `C6dLR— t Zo Authorized Official Date Emergency Management Coordinator Date (Original Signature) (Original Signature) Duane Peters Michele Meade Printed Name Printed Name. TDEM-17 12115 Mail completed forms and application materials to: Grant Coordinator Office of Management and Budget Texas Division of Emergency Management Texas Department of Public Safety 5885 N Lamar Blvd. Austin, TX 78752 or Emait:TDEM.EMPG@dps.lexas.gov Page 1 of 1 5 Brazos Valley Homeland Security Grant — Call For Projects FY - 2016 Instructions: Please follow the detailed instructions. Please Note; that each section will be scored and any incomplete sections will affect your final scoring. CONTACT INFORMATION Region: Brazos Valley Project Title: WebEOC Agency: Brazos County Division or Unit to Administer the Project: Brazos County Emergency Management Name: Michele Meade Email: mmeade@brazoscountytx.Qov Phone: 979-821-1011 Agency Address: 100 N Main St, Ste 100, Bryan, TX 77803 Expected Project Start Date: 10/01/2016 Expected Project End Date: 09/30/2017 Plan Year: 2016 The Grant Writer is the person that you would like to input the initial grant. Grant Writer Name: Cale Teeter Grant Writer Email: cale.teeter@bvcog.org Grant Writer Phone Number: 979-595-2800 Grant Writer Coordinator Agency: Brazos Valley Council of Governments The project coordinator is the person that you would like us to contact in regard to this project. Project Coordinator Name: Michele Meade Project Coordinator Email: mmeade@brazoscountytx.eov Project Coordinator Phone Number: 979-821-1011 Project Coordinator Agency: Brazos County Emergency Management The Financial Officer is the person that you would like to manage all financial aspects of the grant. Financial Officer Name: Katie Butler Financial Officer Email: kconner@brazoscountytx.gov Financial Officer Phone Number: 979-361-4188 Financial OffrcerAgency/Municipality: Brazos County (Auditor) The Authorized Official is the individual that has the authority to execute contrast for the Agency/Municipality Authorized Official Name: Duane Peters Authorized Official Email: dpeters@brazoscountytx.gov Authorized Official Phone Number: 979-361-4102 Authorized Official Agency/Municipality: Brazos County (Judge) 1 1. Describe the threats and hazards that create the need for the project. Include reference to page(s) of regional or state THIRA: The Brazos Valley region is subject to frequent threats of drought, wildfires, surge flooding, tornados, windstorms, as well as other natural disasters. The region is also situated along major coastal evacuation routes. Consequently, regional facilities as well as response personnel may be involved in sheltering evacuees. During significant events, especially those that are multi-regional or even have statewide significance, it is imperative to have updated live data being shared between & among jurisdictions, DDC's as well as fusion centers and/or the state operations center. See pages 1-2 of the regional THIRA. 2. Describe the capability gap(s) which will be addressed by the project. Include reference to page(s) of the regional or state SPR, If you list the Core Capability Gap it addresses the Homeland Security Planner will identify the reference pages: The Web EOC project is an ongoing project. For this project to remain a useful and viable tool, continued funding for annual licensing and usage, program development, and training is required. Currently the project is stable, with most capability gaps addressed through training, development of new boards, and regional participative involvement. Additional training and exercise opportunities have been identified as ongoing needs. See Intelligence and Information Sharing (Page 19) and Situational Assessment (Pages 71-72) 3. Explain how the project will reduce the capability gap(s) identified in the SPR: The sustainment of WebEOC project in the 7 county region will ensure continued rapid, live information sharing with surrounding jurisdictions, fusion centers, and the state operations center, as well as the state health services and medical facilities. Sustained funding will provide for the development of new functional boards, upgraded technological enhancements, and training for regional users of the system. The project will sustain and promote reliable real time information exchange between jurisdictions that relates to all public safety discipline responses as well as connectivity to hospitals and emergency operations centers throughout the region and the DDC. 4. Explain the long-term approach to sustaining the capabilities developed by this project to include the need for future grant funding. Note: If the project is a "Service", "Software as a Service", "Internet/Satellite Subscription" that supports the region it will be considered a sustainable project. The region has used Web ECC for several years, and is perpetually developing new functional boards, and modifying existing boards to better customize the system to meet and sustain regional needs, expectations, and requirements. The system is managed by Brazos County Emergency Management, but periodic training and exercises are conducted to keep both the users and the system at operational level at all times, and on short notice, should the need arise. EO:1_ _,3 P9._4 N_ 5. Describe existing capability levels and what is or will be in place to support the Investment prior to the use of these grant funds if awarded: The initial WebEDC project was funded with prior HSGP funds, supplemented with other funding from throughout the region. Currently WebEOC is linked with functional boards to other regional emergency operations centers, as well as with the state operations center. The project includes upgrading current user boards, as well as enhanced WebEOC training which is made available at no cost to regional emergency responders and hospitals. Training is ongoing, as requested or as deemed necessary due to the acquisition of new boards and or technological capabilities. The investment is supported by proactive participation with the system by all counties within the region, 6. Provide an explanation of the regional and/or statewide impact of this project: Sustainment of this project will insure that integrated crisis information management will remain within reach of regional emergency management agencies. The technology is web -based and will facilitate access from the file by authorized users. Regional law enforcement leadership is involved in the training and operation of the WebEOC program region -wide since the program can be readily utilized for any emergency response, whether technological, natural or man-made. Project Narrative Problem Statement 7. Provide a detailed account of the issues your project will target. This needs to be done in plain language. For example: If the project affects Operational Awareness or Command and Control stating, "This project increases Command and Control and Facilitates Operational Awareness" will need to be defined. The project increases Operational Awareness and Command and Control, which allows leadership to identify, process, and comprehend the critical elements of information and whotis happening during an event. Thus increasing Fire/Law/EMS safety while protecting life and property. WebEOC aids in the communication of critical data and requests during crisis events. It facilitates the operational awareness for the entire region. Supporting Data 8. Provide supporting data, including baseline statistics and the sources of your data, which are pertinent to the grant project and its target area. Do not use statewide data for a local problem or national data for a statewide problem. N/A 9. Select Your Project Activities If more than one please give the dedicated percentage to that activity, should equal 100% Communications Interoperability Sustaining Special Response Teams and First 10/01/2016 Responder Capabilities State, Regional & Local Planning Critical Infrastructure 100% Regional Training Opportunity Bordersecurity Fusion Center 10. Custom Activity Type in your self -defined activity N/A 11. Identify your Target Group and Population If it is a county/region wide project ora project that affects the entire county/region such as a communications project use County Wide LMI stats. Fora regional project use LMI stats for each of the counties excluding Brazos County. Brazos County does not fall into LMI status so it will need to be broke down by census block. Geographic Area: 7 Counties - Brazos, Burleson, Grimes, Leon, Madison, Robertson, Washington. The project will assist Public Safety Communications within each of those counties. Target Audience: General Public Gender: Both Ages: All Special Characteristics: None 12. Milestones Please remember that a Milestone is an important event, advance, development or part of a road map fora project. They are measurable predefined goals of the project. 3-5 Milestones will be required. 13. Budget Please have a budget prepared prior to submission. The budget will need include a quote from at least one vendor. Please attach budget and quotes. You must include a specific breakdown by funding category (Planning, Organization, Equipment, Training, Exercises, and M&A). Provide detailed information on exactly what the funding will be used to purchase. Include the details of your cost estimates by AEL code and jurisdiction (if applicable) within each category 04-AP-05-CDSS- WebEOC Hosting, Maintenance, Support -$19091.05 Vol. .2-3e) pg. � �� Receive invoice for WebEOC Subscription/Service from Intermedix 10/01/2016 Sign any annual agreements 10/01/2016 Begin new subscription period 10/01/2016 Regional Training Opportunity 03/01/2017 13. Budget Please have a budget prepared prior to submission. The budget will need include a quote from at least one vendor. Please attach budget and quotes. You must include a specific breakdown by funding category (Planning, Organization, Equipment, Training, Exercises, and M&A). Provide detailed information on exactly what the funding will be used to purchase. Include the details of your cost estimates by AEL code and jurisdiction (if applicable) within each category 04-AP-05-CDSS- WebEOC Hosting, Maintenance, Support -$19091.05 Vol. .2-3e) pg. � �� 14. If this is a multi -jurisdictional project or regional asset Please enter all participating jurisdictions and enter the amount each will receive if any. MOU's and/or CWA's must be in place and attached to this application. 15. Provide a description and amount for any in-kind and/or local match for this project: Amount: $0 Description: If funded there will be no need for matching funds. 16. EHP/NEPA/Engineering Studies Does this Investment require new construction or renovation, retrofitting, or modification of existing structures? Please list all activities that may require an EHP, NEPA, and or Engineering Study and time frame for completion of these activities. 17. Time period for completion of 9-12 Months 18. 19. Project Summary Summarize the entire application, including the project's problem statement, supporting data, target group, activities, and objectives. Be sure that the summary is easy to understand by a person not familiar with your project or public safety/Homeland Security. Also be comfortable with the information in the project summary which is subject to open records request. If some of the supporting data, goals, or objectives carry a risk you do not want the public to have access, do not put them in the Project Summary, This is the only part of the Narrative that is available through an open records request, the remainder is FOUO. Although managed by Brazos County Emergency Management, the continued support of WebEOC, through this project, allows all regional emergency management offices, the DDC, as well as mobile command platforms, to interconnect in times of need, whether It is a scheduled major event, an exercise, or an all -hazards incident. Additionally, interagency use of WebEOC facilitates rapid, real-time information to be shared between regional leadership, law enforcement, fire & EMS response, and any other emergency responders. Special "boards' are frequently updated which permits real-time monitoring of shelter facilities, hospitals, personnel status by discipline, weather trends, mapping, and equipment in staging. This information can be readily shared with the state fusion center, the DDC, and the State Operations Center. This project will sustain the licensing of the WebEOC and provide training and program development. Vol. _�� Pg.- ��% Disclaimer: I certify, by my printed name & signature below, that the information provided in this submission is accurate. By checking this box, I am indicating that I am authorized to submit this project by my governing body. I understand any jurisdiction must meet eligibility requirements to receive funding. I also understand this project proposal serves as a request for consideration for grant funding. There is no guarantee of award by submitting this request. I understand that if this project is funded will complete all necessary actions listed in the grant sub -recipient agreement and special terms and conditions. I also understand that any variation to an approved project must be submitted through the formal change request process. Additionally, the change must be authorized by the regional council and should a change request be denied, funds can be reallocated to another project or jurisdiction. Authorized Official Printedam€" t)ua a Peter Authorized Official Signature: sJ �— Prepared By Printed Name: Michele Meade Prepared By Signature:��— Vol. ?20 , Pg._"�C;'C�' Intermedix Contact: Kent Cawley Phone: 512-639-2832 Email: kent.cawley@internledix.com Quote Number: 00004009 Quote Date 1 /1 412 01 6 ,I BudgetaQuote for2077-Mx Quote E ry xpires 3H4/2016 Quote To Brazos County, TX Brazos Valley CEOC 110 North Main Bryan, TX 77803 Contact Michele Meade (979)821-1011 mmeade@co.brazos.tx.us Ship To Brazos County, TX PO Box Drawer Bryan, TX 77805-4128 Thank you for your support of Intermedix products and services. If you are ready to proceed with a purchase order, please send to your Intermedix contact listed above. We look forward to working with you and your staff! Quotes issued in US Dollars. Items not manufactured by Intermedix are subject to change. Substitutes will be provided for customer consideration and approval. PROPOSAL Sot4ware Support Y y Product Code Item Description qty Unit Price Ext. Price SS-WEBEOC-EX WebEOC@ Software Maintenance and Support 1 $10,197.00 $10,197.00 10/1/2016 - 9/30/2017 SubTotal $10;197:00; Product Code Item Description Qty Unit Price Ext. Price TS-CIMS7-25A-T ASP Hosting </= 250 Concurrent Users, Annual 1 $8,894.05 10/1/2016 - 9/30/2017 $8,894.05 Sub Total Total: $19,091.05 Budgetary Quote for 2017 Mx for Brazos County, TX Quote # 00004009 for Brazos County, 7X P. 1 of i Intermedix 16451 N. Federal Highway Suite 1000, Fort Lauderdale, FL 33308 1 Phone: 954.308.8700 J Fax: 954.308.8725 ESI Acquisition, Inc. 1 823 Broad Street, Augusta, GA 309011 Phone: 706.823.0911 1 Fax: 706.826.9911 @ 2014 Intermedix Corp. Proprietary and Confidential. F � ,3�_. k'g..�&- Company ID Number: THE E -VERIFY MEMORANDUM OF UNDERSTANDING FOR EMPLOYERS ARTICLE I PURPOSE AND AUTHORITY e parties to this agreement are the Department of Homeland Security (DHS) and the (Employer). The purpose of this agreement is to set forth terms and conditions which the Errrployer will follow while participating in E -Verify. E -Verify is a program that electronically confirms an employee's eligibility to work in the United States after completion of Form 1-9, Employment Eligibility Verification (Form 1-9). This Memorandum of Understanding (MOU) explains certain features of the E -Verify program and describes specific responsibilities of the Employer, the Social Security Administration (SSA), and DHS. Authority for the E -Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208, 110 Stat. 3009, as amended (8 U.S.C. § 1324a note). The Federal Acquisition Regulation (FAR) Subpart 22.18, "Employment Eligibility Verification" and Executive Order 12989, as amended, provide authority for Federal contractors and subcontractors (Federal contractor) to use E -Verify to verify the employment eligibility of certain employees working on Federal contracts. ARTICLE II RESPONSIBILITIES A. RESPONSIBILITIES OF THE EMPLOYER 1. The Employer agrees to display the following notices supplied by DHS in a prominent place that is clearly visible to prospective employees and all employees who are to be verified through the system: a. Notice of E -Verify Participation b. Notice of Right to Work 2, The Employer agrees to provide to the SSA and DHS the names, titles, addresses, and telephone numbers of the Employer representatives to be contacted about E -Verify. The Employer also agrees to keep such information current by providing updated information to SSA and DHS whenever the representatives' contact information changes. 3. The Employer agrees to grant E -Verify access only to current employees who need E -Verify access. Employers must promptly terminate an employee's E -Verify access if the employer is separated from the company or no longer needs access to E -Verify. Page 1 of 17 E -Verify MOU for Employers I Revision Date 06101/13 Vol. _. U pg, ;2- 9,-D 0 Company ID Number: 4. The Employer agrees to become familiar with and comply with the most recent version of the E -Verify User Manual. 5. The Employer agrees that any Employer Representative who will create E -Verify cases will complete the E -Verify Tutorial before that individual creates any cases. a. The Employer agrees that all Employer representatives will take the refresher tutorials when prompted by E -Verify in order to continue using E -Verify. Failure to complete a refresher tutoria will prevent the Employer Representative from continued use of E -Verify. 6. The Employer agrees to comply with current Form 1-9 procedures, with two exceptions: a. If an employee presents a "List B" identity document, the Employer agrees to only accept "List B" documents that contain a photo. (List B documents identified in 8 C.F.R. § 274a.2(b)(1)(B)) can be presented during the Form 1-9 process to establish identity.) If an employee objects to the photo requirement for religious reasons, the Employer should contact E -Verify at 888-464-4218. b. If an employee presents a DHS Form 1-551 (Permanent Resident Card), Form 1-766 (Employment Authorization Document), or U.S. Passport or Passport Card to complete Form 1-9, the Employer agrees to make a photocopy of the document and to retain the photocopy withthe employee's Form 1-9. The Employer will use the photocopy to verify the photo and to assist DHS with its review of photo mismatches that employees contest. DHS may in the future designate other documents that activate the photo screening tool. Note: Subject only to the exceptions noted previously in this paragraph, employees still retain the right to present any List A, or List B and List C, document(s) to complete the Form 1-9. 7. The Employer agrees to record the case verification number on the employee's Form 1-9 or to print the screen containing the case verification number and attach it to the employee's Form 1-9. 8. The Employer agrees that, although it participates in E -Verify, the Employer has a responsibility to complete, retain, and make available for inspection Forms 1-9 that relate to its employees, or from other requirements of applicable regulations or laws, including the obligation to comply with the antidiscrimination requirements of section 274B of the INA with respect to Form 1-9 procedures. a. The following modified requirements are the only exceptions to an Employers obligation to not employ unauthorized workers and comply with the anti -discrimination provision of the INA: (1) List B identity documents must have photos, as described in paragraph 6 above; (2) When an Employer confirms the identity and employment eligibility of newly hired employee using E -Verify procedures, the Employer establishes a rebuttable presumption that it has not violated section 274A(a)(1)(A) of the Immigration and Nationality Act (INA) with respect to the hiring of that employee; (3) If the Employer receives a final nonconfirmation for an employee, but continues to employ that person, the Employer must notify DHS and the Employer is subject to a civil money penalty between $550 and $1,100 for each failure to notify DHS of continued employment following a final nonconfirmation; (4) If the Employer continues to employ an employee after receiving a final nonconfirmation, then the Employer is subject to a rebuttable presumption that it has knowingly Page 2 of 17 E -Verify MOU for Employers I Revision Date 06/01/13 Vr� Company ID Number: empioyed an unauthorized alien in violation of section 274A(a)(1)(A); and (5) no E -Verify participant is civilly or criminally liable under any law for any action taken in good faith based on information provided through the E -Verify. b. DHS reserves the right to conduct Form 1-9 compliance inspections, as well as any other enforcement or compliance activity authorized by law, including site visits, to ensure proper use of E -Verify. 9. The Employer is strictly prohibited from creating an E -Verify case before the employee has been hired, meaning that a firm offer of employment was extended and accepted and Form 1-9 was completed. The Employer agrees to create an E -Verify case for new employees within three Employer business days after each employee has been hired (after both Sections 1 and 2 of Form 1-9 have been completed), and to complete as many steps of the E -Verify process as are necessary according to the E -Verify User Manual. If E -Verify is temporarily unavailable, the three-day time period will be extended until it is again operational in order to accommodate the Employer's attempting, in good faith, to make inquiries during the period of unavailability. 10. The Employer agrees not to use E -Verify for pre-employment screening of job applicants, in support of any unlawful employment practice, or for any other use that this MOU or the E -Verify User Manual does not authorize. 11. The Employer must use E -Verify for all new employees. The Employer will not verify selectively and will not verify employees hired before the effective date of this MOU. Employers who are Federal contractors may qualify for exceptions to this requirement as described in Article 11.13 of this MOU. 12. The Employer agrees to follow appropriate procedures (see Article III below) regarding tentative nonconfrmations. The Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's E -Verify case. The Employer agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer agrees to provide written referral instructions to employees and instruct affected employees to bring the English copy of the letter to the SSA. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. Further, when employees contest a tentative nonconfirmation based upon a photo mismatch, the Employer must take additional steps (see Article III.B. below) to contact DHS with information necessary to resolve the challenge. 13. The Employer agrees not to take any adverse action against an employee based upon the employee's perceived employment eligibility status while SSA or DHS is processing the verification request unless the Employer obtains knowledge (as defined in 8 C.F.R. § 274a.1(1)) that the employee is not work authorized. The Employer understands that an initial inability of the SSA or DHS automated verification system to verify work authorization, a tentative nonconf rmation, a case in continuance (indicating the need for additional time for the government to resolve a case), or the finding of a photo mismatch, does not establish, and should not be interpreted as, evidence that the employee is not work authorized. In any of such cases, the employee must be provided a full and fair opportunity to contest the finding, and if he or she does so, the employee may not be terminated or suffer any adverse employment consequences based upon the employee's perceived employment eligibility status Page 3 of 17 E -Verily MOU for Employers I Revision Date M01113 Vol. E. O I'g, ,� 9e7� riF Company ID Number: (including denying, reducing, or extending work hours, delaying or preventing training, requiring an employee to work in poorer conditions, withholding pay, refusing to assign the employee to a Federal contract or other assignment, or otherwise assuming that he or she is unauthorized to work) until and unless secondary verification by SSA or DHS has been completed and a final nonconfirmation has been issued. If the employee does not choose to contest a tentative nonconfirmation or a photo mismatch or if a secondary verification is completed and a final nonconfirmation is issued, then the Employer can find the employee is not work authorized and terminate the employee's employment. Employers or employees with questions about a final nonconfirmation may call E -Verify at 1-888-464- 4218 (customer service) or 1-888-897-7781 (worker hotline). 14. The Employer agrees to comply with Title VII of the Civil Rights Act of 1964 and section 274B of the INA as applicable by not discriminating unlawfully against any individual in hiring, firing, employment eligibility verification, or recruitment or referral practices because of his or her national origin or citizenship status, or by committing discriminatory documentary practices. The Employer understands that such illegal practices can include selective verification or use of E -Verify except as provided in part D below, or discharging or refusing to hire employees because they appear or sound "foreign" or have received tentative nonconfirmations. The Employer further understands that any violation of the immigration -related unfair employment practices provisions in section 2748 of the INA could subject the Employer to civil penalties, back pay awards, and other sanctions, and violations of Title VII could subject the Employer to back pay awards, compensatory and punitive damages. Violations of either section 274B of the INA or Title VII may also lead to the termination of its participation in E -Verify. If the Employer has any questions relating to the anti -discrimination provision, it should contact OSC at 1-800-255-8155 or 1-800-237-2515 (TDD). 15. The Employer agrees that it will use the information it receives from E -Verify only to confirm the employment eligibility of employees as authorized by this MOU. The Employer agrees that it will safeguard this information, and means of access to it (such as PINS and passwords), to ensure that it is not used for any other purpose and as necessary to protect its confidentiality, including ensuring that it is not disseminated to any person other than employees of the Employer who are authorized to perform the Employer's responsibilities under this MOU, except for such dissemination as may be authorized in advance by SSA or DHS for legitimate purposes. 16. The Employer agrees to notify DHS immediately in the event of a breach of personal information. Breaches are defined as loss of control or unauthorized access to E -Verify personal data. All suspected or confirmed breaches should be reported by calling 1-888-464-4218 or via email at E-Verifv(cDdhs.aov. Please use "Privacy Incident — Password" in the subject line of your email when sending a breach report to E -Verify. 17. The Employer acknowledges that the information it receives from SSA is governed by the Privacy Act (5 U.S.C. § 552a(i)(1) and (3)) and the Social Security Act (42 U.S.C. 1306(a)). Any person who obtains this information under false pretenses or uses it for any purpose other than as provided for in this MOU may be subject to criminal penalties. 18. The Employer agrees to cooperate with DHS and SSA in their compliance monitoring and evaluation of E -Verify, which includes permitting DHS, SSA, their contractors and other agents, upon Page 4 of 17 E -Verify MOU for Employers I Revision Date 06101113 F__ --I Company ID Number: reasonable notice, to review Forms 1-9 and other employment records and to interview it and its employees regarding the Employer's use of E -Verify, and to respond in a prompt and accurate manner to DHS requests for information relating to their participation in E -Verify. 19. The Employer shall not make any false or unauthorized claims or references about its participation in E -Verify on its website, in advertising materials, or other media. The Employer shall not describe its services as federally -approved, federally -certified, or federally -recognized, or use language with a similar intent on its website or other materials provided to the public. Entering into this MOU does not mean that E -Verity, endorses or authorizes your E -Verify services and any claim to that effect is false. 20. The Employer shall not state in its website or other public documents that any language used therein has been provided or approved by DHS, USCIS or the Verification Division, without first obtaining the prior written consent of DHS. 21. The Employer agrees that E -Verify trademarks and (egos may be used only under license by DHS/USCIS (see M-795 (Web)) and, other than pursuant to the specific terms of such license, may not be used in any manner that might imply that the Employer's services, products, websites, or publications are sponsored by, endorsed by, licensed by, or affiliated with DHS, USCIS, or E -Verify. 22. The Employer understands that if it uses E -Verify procedures for any purpose other than as authorized by this MOU, the Employer may be subject to appropriate legal action and termination of its participation in E -Verify according to this MOU. B. RESPONSIBILITIES OF FEDERAL CONTRACTORS 1. If the Employer is a Federal contractor with the FAR E -Verify clause subject to the employment verification terms in Subpart 22.18 of the FAR, it will become familiar with and comply with the most current version of the E -Verify User Manual for Federal Contractors as well as the E -Verify Supplemental Guide for Federal Contractors. 2. In addition to the responsibilities of every employer outlined in this MOU, the Employer understands that if it is a Federal contractor subject to the employment verification terms in Subpart 22.18 of the FAR it must verify the employment eligibility of any "employee assigned to the contract" (as defined in FAR 22.1801). Once an employee has been verified through E -Verify by the Employer, the Employer may not create a second case for the employee through E -Verify. a. An Employer that is not enrolled in E -Verify as a Federal contractor at the time of a contract award must enroll as a Federal contractor in the E -Verify program within 30 calendar days of contract award and, within 90 days of enrollment, begin to verify employment eligibility of new hires using E -Verify. The Employer must verify those employees who are working in the United States, whether or not they are assigned to the contract. Once the Employer begins verifying new hires, such verification of new hires must be initiated within three business days after the hire date. Once enrolled in E -Verify as a Federal contractor, the Employer must begin verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee's assignment to the contract, whichever date is later. Page 5 of 17 E -Verify MOU for Employers I Revision Date 06/01113 Vol. - 02 3 D_ Pg,_Q2 V a err Company ID Number: b. Employers enrolled in E -Verify as a Federal contractor for 90 days or more at the time of a contract award must use E -Verify to begin verification of employment eligibility for new hires of the Employer who are working in the United States, whether or not assigned to the contract, within three business days after the date of hire. If the Employer is enrolled in E -Verify as a Federal contractor for 90 calendar days or less at the time of contract award, the Employer must, within 90 days of enrollment, begin to use E -Verify to initiate verification of new hires of the contractor who are working in the United States, whether or not assigned to the contract. Such verification of new hires must be initiated within three business days after the date of hire. An Employer enrolled as a Federal contractor in E -Verify must begin verification of each employee assigned to the contract within 90 calendar days after date of contract award or within 30 days after assignment to the contract, whichever is later. c. Federal contractors that are institutions of higher education (as defined at 20 U.S.C. 1001(a)), state or local govemments, governments of Federally recognized Indian tribes, or sureties performing under a takeover agreement entered into with a Federal agency under a performance bond may choose to only verify new and existing employees assigned to the Federal contract. Such Federal contractors may, however, elect to verify all new hires, andfor all existing employees hired after November 6, 1986. Employers in this category must begin verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee's assignment to the contract, whichever date is later. d. Upon enrollment, Employers who are Federal contractors may elect to verify employment eligibility of all existing employees working in the United States who were hired after November 6, 1986, instead of verifying only those employees assigned to a covered Federal contract. After enrollment, Employers must elect to verify existing staff following DHS procedures and begin E -Verify verification of all existing employees within 180 days after the election. e. The Employer may use a previously completed Form 1-9 as the basis for creating an E -Verify case for an employee assigned to a contract as long as: i. That Form 1-9 is complete (including the SSN) and complies with Article II.A.6, ii. The employee's work authorization has not expired, and iii. The Employer has reviewed the Form 1-9 information either in person or in communications with the employee to ensure that the employee's Section 1, Form 1-9 attestation has not changed (including, but not limited to, a lawful permanent resident alien having become a naturalized U.S. citizen). f. The Employer shall complete a new Form 1-9 consistent with Article II.A.6 or update the previous Form 1-9 to provide the necessary information if: i. The Employer cannot determine that Form 1-9 complies with Article II.A.6, ii. The employee's basis for work authorization as attested in Section 1 has expired or changed, or iii. The Form 1-9 contains no SSN or is otherwise incomplete. Note: If Section 1 of Form 1-9 is otherwise valid and up-to-date and the form otherwise complies with Page 6 of 17 E -Verify MOU for Employers I Revision Date 06101/13 Vol, _.� _S7d F'g, Company ID Number: /vb,M11tr41 Article II.C.5, but reflects documentation (such as a U.S. passport or Form 1-551) that expired after completing Form 1-9, the Employer shall not require the production of additional documentation, or use the photo screening tool described in Article II.A.5, subject to any additional or superseding instructions that may be provided on this subject in the E -Verify User Manual. g. The Employer agrees not to require a second verification using E -Verify of any assigned employee who has previously been verified as a newly hired employee under this MOU or to authorize verification of any existing employee by any Employer that is not a Federal contractor based on this Article. 3. The Employer understands that if it is a Federal contractor, its compliance with this IVIOU is a performance requirement under the terms of the Federal contract or subcontract, and the Employer consents to the release of information relating to compliance with its verification responsibilities under this MOU to contracting officers or other officials authorized to review the Employer's compliance with Federal contracting requirements. C. RESPONSIBILITIES OF SSA 1. SSA agrees to allow DHS to compare data provided by the Employer against SSA's database. SSA sends DHS confirmation that the data sent either matches or does not match the information In SSA's database. 2. SSA agrees to safeguard the information the Employer provides through E -Verify procedures. SSA also agrees to limit access to such information, as is appropriate by law, to individuals responsible for the verification of Social Security numbers or responsible for evaluation of E -Verify or such other persons or entities who may be authorized by SSA as governed by the Privacy Act (5 U.S.C. § 552a), the Social Security Act (42 U.S.C. 1306(a)), and SSA regulations (20 CFR Part 401). 3. SSA agrees to provide case results from its database within three Federal Government work days of the initial inquiry. E -Verify provides the information to the Employer. 4. SSA agrees to update SSA records as necessary if the employee who contests the SSA tentative nonconfirmation visits an SSA field office and provides the required evidence. If the employee visits an SSA field office within the eight Federal Government work days from the date of referral to SSA, SSA agrees to update SSA records, if appropriate, within the eight-day period unless SSA determines that more than eight days may be necessary. In such cases, SSA will provide additional instructions to the employee. If the employee does not visit SSA in the time allowed, E -Verify may provide a final nonconfirmation to the employer. Note: If an Employer experiences technical problems, or has a policy question, the employer should contact E -Verify at 1-888-464-4218. D. RESPONSIBILITIES OF DHS, 1. DHS agrees to provide the Employer with selected data from DHS databases to enable the Employer to conduct, to the extent authorized by this MOU: a. Automated verification checks on alien employees by electronic means, and Page 7 of 17 E -Verify MOU for Employers! Revision Date 06101!13 Vol. -�-Q— Pq.P2 1� Company ID Number: b. Photo verification checks (when available) on employees. 2. DHS agrees to assist the Employer with operational problems associated with the Employer's participation in E -Verify. DHS agrees to provide the Employer names, titles, addresses, and telephone numbers of DHS representatives to be contacted during the E -Verify process. 3. DHS agrees to provide to the Employer with access to E -Verify training materials as well as an E -Verify User Manual that contain instructions on E -Verify policies, procedures, and requirements for both SSA and DHS, including restrictions on the use of E -Verify. 4. DHS agrees to train Employers on all important changes made to E -Verify through the use of mandatory refresher tutorials and updates to the E -Verify User Manual. Even without changes to E -Verify, DHS reserves the right to require employers to take mandatory refresher tutorials. 5. DHS agrees to provide to the Employer a notice, which indicates the Employer's participation in E -Verify. DHS also agrees to provide to the Employer anti -discrimination notices issued by the Office of Special Counsel for Immigration -Related Unfair Employment Practices (OSC), Civil Rights Division, U.S. Department of Justice. 6. DHS agrees to issue each of the Employer's E -Verify users a unique user identification number and password that permits them to log in to E -Verify. 7. DHS agrees to safeguard the information the Employer provides, and to limit access to such information to individuals responsible for the verification process, for evaluation of E -Verify, or to such other persons or entities as may be authorized by applicable law. Information will be used only to verify the accuracy of Social Security numbers and employment eligibility, to enforce the INA and Federal criminal laws, and to administer Federal contracting requirements. S. DHS agrees to provide a means of automated verification that provides (in conjunction with SSA verification procedures) confirmation or tentative nonconfirmation of employees' employment eligibility within three Federal Government work days of the initial inquiry. 9. DHS agrees to provide a means of secondary verification (including updating DHS records) for employees who contest DHS tentative nonconfirmations and photo mismatch tentative nonconfirmations. This provides final confirmation or nonconfirmation of the employees' employment eligibility within 10 Federal Government work days of the date of referral to DHS, unless DHS determines that more than 10 days may be necessary. In such cases, DHS will provide additional verification instructions. ARTICLE III REFERRAL OF INDIVIDUALS TO SSA AND DHS A. REFERRAL TO SSA 1. If the Employer receives a tentative nonconfirmation issued by SSA, the Employer must print the notice as directed by E -Verify. The Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's E -Verify Page 8 of 17 E -Verify Mou for Employers! Revision Date 06/01/13 Vol. a. e) pg� o�/�% Company ID Number: case. The Employer also agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer agrees to provide written referral instructions to employees and instruct affected employees to bring the English copy of the letter to the SSA. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the f nding, while their case is still pending. 2. The Employer agrees to obtain the employee's response about whether he or she will contest the tentative nonconfirmation as soon as possible after the Employer receives the tentative nonconfirmation. Only the employee may determine whether he or she will contest the tentative nonconfirmation. 3. After a tentative nonconfirmation, the Employer will refer employees to SSA field offices only as directed by E -Verify. The Employer must record the case verification number, review the employee information submitted to E -Verify to identify any errors, and find out whether the employee contests the tentative nonconfirmation. The Employer will transmit the Social Security number, or any other corrected employee information that SSA requests, to SSA for verification again if this review indicates a need to do so. 4. The Employer will instruct the employee to visit an SSA office within eight Federal Government work days. SSA will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. 5. While waiting for case results, the Employer agrees to check the E -Verify system regularly for case updates. 6. The Employer agrees not to ask the employee to obtain a printout from the Social Security Administration number database (the Numident) or other written verification of the SSN from the SSA. B. REFERRAL TO DHS 1. If the Employer receives a tentative nonconfirmation issued by DHS, the Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's E -Verify case. The Employer also agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. 2. The Employer agrees to obtain the employee's response about whether he or she will contest the tentative nonconfirmation as soon as possible after the Employer receives the tentative nonconfirmation. Only the employee may determine whether he or she will contest the tentative nonconfirmation. 3. The Employer agrees to refer individuals to DHS only when the employee chooses to contest a tentative nonconfirmation. 4. If the employee contests a tentative nonconfirmation issued by DHS, the Employer will instruct the Page 9 of 17 E -Verify b10U for Employers I Revision Date 00/01/13 Vol. U G pg._v2 J�>� Men' Company ID Number: employee to contact DHS through its toll-free hotline (as found on the referral letter) within eight Federal Government work days. 5. If the Employer finds a photo mismatch, the Employer must provide the photo mismatch tentative nonconfirmation notice and follow the instructions outlined in paragraph 1 of this section for tentative nonconfirmations, generally. 6. The Employer agrees that if an employee contests a tentative nonconfirmation based upon a photo mismatch, the Employer will send a copy of the employee's Form 1-551, Form 1-766, U.S. Passport, or passport card to DHS for review by: a. Scanning and uploading the document, or b. Sending a photocopy of the document by express mail (furnished and paid for by the employer). 7. The Employer understands that if it cannot determine whether there is a photo match/mismatch, the Employer must forward the employee's documentation to DHS as described in the preceding paragraph. The Employer agrees to resolve the case as specified by the DHS representative who will determine the photo match or mismatch. S. DHS will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. 9. While waiting for case results, the Employer agrees to check the E -Verify system regularly for case updates. ARTICLE IV SERVICE PROVISIONS A. NO SERVICE FEES 1. SSA and DHS will not charge the Employer for verification services performed under this MOU. The Employer is responsible for providing equipment needed to make inquiries. To access E -Verify, an Employer will need a personal computer with Internet access. ARTICLE V MODIFICATION AND TERMINATION A. MODIFICATION 1. This MOU is effective upon the signature of all parties and shall continue in effect for as long as the SSA and DHS operates the E -Verify program unless modified in writing by the mutual consent of all parties. 2. Any and all E -Verify system enhancements by DHS or SSA, including but not limited to E -Verify checking against additional data sources and instituting new verification policies or procedures, will be covered under this MOU and will not cause the need for a supplemental MOU that outlines these changes. Page 10 of 17 E -Verify MOU for Employers I Revision Date 06/01/13 VOL Pg, -/,:T Vers Company ID Number: B. TERMINATION 1. The Employer may terminate this MOU and its participation in E -Verify at any time upon 30 days prior written notice to the other parties. 2. Notwithstanding Article V, part A of this MOU, DHS may terminate this MOU, and thereby the Employer's participation in E -Verify, with or without notice at any time if deemed necessary because of the requirements of law or policy, or upon a determination by SSA or DHS that there has been a breach of system integrity or security by the Employer, or a failure on the part of the Employer to comply with established E -Verify procedures and/or legal requirements. The Employer understands that if it is a Federal contractor, termination of this MOU by any party for any reason may negatively affect the performance of its contractual responsibilities. Similarly, the Employer understands that if it is in a state where E -Verify is mandatory, termination of this by any party MOU may negatively affect the Employer's business. 3. An Employer that is a Federal contractor may terminate this MOU when the Federal contract that requires its participation in E -Verify is terminated or completed. In such cases, the Federal contractor must provide written notice to DHS. If an Employer that is a Federal contractor fails to provide such notice, then that Employer will remain an E -Verify participant, will remain bound by the terms of this MOU that apply to non -Federal contractor participants, and will be required to use the E -Verify procedures to verify the employment eligibility of all newly hired employees. 4. The Employer agrees that E -Verify is not liable for any losses, financial or otherwise, if the Employer is terminated from E -Verify. ARTICLE VI PARTIES A. Some or all SSA and DHS responsibilities under this MOU may be performed by contractor(s), and SSA and DHS may adjust verification responsibilities between each other as necessary. By separate agreement with DHS, SSA has agreed to perform its responsibilities as described in this MOU. B. Nothing in this MOU is intended, or should be construed, to create any right or benefit, substantive or procedural, enforceable at law by any third party against the United States, its agencies, officers, or employees, or against the Employer, its agents, officers, or employees. C. The Employer may not assign, directly or indirectly, whether by operation of law, change of control or merger, all or any part of its rights or obligations under this MOU without the prior written consent of DHS, which consent shall not be unreasonably withheld or delayed. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations herein is void. D. Each party shall be solely responsible for defending any claim or action against it arising out of or related to E -Verify or this MOU, whether civil or criminal, and for any liability wherefrom, including (but not limited to) any dispute between the Employer and any other person or entity regarding the applicability of Section 403(d) of IIRIRA to any action taken or allegedly taken by the Employer. E. The Employer understands that its participation in E -Verify is not confidential information and may be disclosed as authorized or required by law and DHS or SSA policy, including but not limited to, Page 11 of 17 E -Verify MOU for Employers I Revision Dare 06101/13 FVOT711&�U . Pg._ -30_a_] - E-Veri g 7-1-.. C Company ID Number: Congressional oversight, E -Verify publicity and media inquiries, determinations of compliance with Federal contractual requirements, and responses to inquiries under the Freedom of Information Act (FOIA). F. The individuals whose signatures appear below represent that they are authorized to enter into this MOU on behalf of the Employer and DHS respectively. The Employer understands that any inaccurate statement, representation, data or other information provided to DHS may subject the Employer, its subcontractors, its employees, or its representatives to: (1) prosecution for false statements pursuant to 18 U.S.C. 1001 and/or; (2) immediate termination of its MOU and/or; (3) possible debarment or suspension. G. The foregoing constitutes the full agreement on this subject between DHS and the Employer. To be accepted as an E -Verify participant, you should only sign the Employer's Section of the signature page. If you have any questions, contact Ill at 1-888-464-4218. Page 12 of 17 E -Verify MOU for Employers I Revision Date 06/01/13 Vol. Company ID Number: Approved by: Page 13 of 17 E -Verify MOU for Employers I Revision Date 06101113 Vol. __02 3�% Pg.--JeJ.Z -Ver' Company ID Number: Page 14 of 17 E -Verify MOU for Employers f Revision Date 06/01/13 Vol. �✓�U Pg. �U�� Company ID Number: Are you verifying for more than 1 site? If yes, please provide the number of sites verified for in each State: Page 15 of 17 E -Verify MOD for Employers I Revision Date 06101/13 Vol. _02 3 Pq��63 z rry c .g,S-Veri Company ID Number: Information relating to the Program Ad ministrator(s) for your Company on policy questions or operational problems: Page 16 of 17 E -Verify MOU for Employers I Revision Date 0 101113 «_. fY 4� nlllll� Company ID Number: Page 17 of 17 E -Verify MOU for Employers I Revision Date 06/01/13 Vol. ---0 _ Pg. ,�G✓� COMMISSIONER COURT MINUTES OF JANUARY 19, 2016 ARE CONTINUED IN VOLUME 231 PAGE 1 vol. 02,3 P9,3� __! COMMISSIONER COURT MINUTES OF JANUARY 19, 2016 ARE CONTINUED FROM VOLUME 230 Fol._� 3� Pg. on Novu G DA Proposal for: Brazos County, TX Proposal Date: 12-1.5-15 Valid for 90 days Presented by: John Kercher Novusolutions 10012 N Dale Mabry Hwy Suite 115 Tampa, Florida 33618 i kercher(a)novusolutions.com 800-274-5624 LO i.py.--a-- Solution: NovusAGENDA Project Overview: Provide full hosting services for the NovusAGENDA software. Novusolutions will provide all hosting for the software. The client has unlimited meeting types under this license as well as unlimited users. Our Cloud Computing partner is Amazon Cloud based Web Services, http://aws.amazon.com/. They offer world. class cloud computing solutions with full 24 X 7 backup and reliable infrastructure designed for today's complex computing challenges. Amazon Hosting NovusAGENDA Application tuns on EC2 servers. httD://aws.amazon.com/ec2/ Backups are run daily and stored on Amazon S3 httn://aws.amazon.com/s3/ How is this handled? NovusAGENDA will ask you to send them a backup of your current Database about one week prior to the move. This file will be large so it may take a few hours to upload. You will continue to. operate NovusAGENDA locally during this time. One the day of the move we will take your current site down and do an incremental backup. We will restore both backups in our cloud and you will be up and running. Total downtime should be about 3 hours. What changes? The URLS users access to log in will change along with the URL of your public search page. No other changes should be noticed by your staff or public. Cost $1,000 per year to be added to your existing support agreement. Delivery Date: 60 days After Order Terms: Net 30 days FVol._ Pg. 3 Approval Page Hosting $ Per ye Signature Date P= PPI n�r>t ,Uda�2 Printed Signature Purchase Order Number Invoice Address: Brazos County Auditor P.O. Box 914 Bryan, TX 77806 Accounts payable contact: Phone E-mail Ashley Morgan 979-361-4346 amorgan@brazoscountytx.gov Special Billing Instructions: (optional) Return this completed document via mail to: Novusolutions 10012 N. Dale Mabry Hwy Suite 115 Tampa, FL 33618 Or via fax to: 954-337-0761 Release (Property Damage Only) For the Sole Consideration of: 53-7R28-359 Fourty-eight thousand, nine hundred and sixty-two and 96/100 ($48,962.96 dollars, the receipt and sufficiency of which is hereby acknowledged, the undersigned hereby and forever discharges , his heirs, executors, administrators, agents and assigns and all other persons, firms or corporations liable, or who may be claimed to be liable, none of whom admit liability to the undersigned, but all expressly deny any liability, from any and all claims, demands or suits of any kind on account of and resulting from damage to property caused by an accident which occurred on or about the 25th day of June, (year) 2015, at or near 4721 River Hollow CT, Bryan, TX. Undersigned hereby declares that the terms of this settlement have been completely read and are fully understood and voluntarily accepted for the purpose of making a full and final compromise adjustment and settlement of any and all claims, disputed or otherwise, on account of the damages above mentioned, and for the express purpose of precluding forever any further or additional claims relating to property damage arising out of the aforesaid accident. Undersigned hereby accepts draft or drafts as final payment of the consideration set forth above. This release expressly reserves all rights of the parties released to pursue their legal remedies, if any, against the undersigned, agents and assigns. In Witness WhereofAAZAI 5 have hereunto set h— hand(s) and seal(s) this 1 day Of (year). In the presence of t)�06AM4 Ness Signed X Releasor Signature Signed X Vol. 1 Pg=..: Releasor Signature 0 Providing Insurance and Financial Services : StateFarma Home Office, Bloomington, IL January 05, 2016 Rodney W. Anderson 300 E 26th St Ste 1330 Bryan TX 77803-5361 RE: Claim Number: Date of Incident: Our Insured: To Whom It May Concern: 53-7R28-359 June 25, 2015 Joseph Allen State Farm Claims PO Box 106169 Atlanta GA 30348-6169 This will confirm we have reached an agreement settling this matter for $48,962.96. Enclosed is a Release for that amount. As we discussed, this Release represents full and final settlement of this claim. Please sign and date the Release and return it in the enclosed envelope. Upon receipt of the signed Release, payment will be sent to you. We appreciate the opportunity to assist you with your claim. If you have any questions, please call us at the number listed below. Sincerely, Shelli Sansom Claim Specialist (855) 856-3381 Ext. 2059166399 Fax: (844)236-3646 State Farm Lloyds ID LEASE AGREEMENT This lease agreement which is effective as of the 1" day of June 2015, is made by and between Brazos County, Texas, ("Lessor) whose address for purposes of this agreement is 3232'Briarcrest Drive, Bryan, Brazos'County, Texas, 77802; and the Junior League of Bryan -College Station, Inc. ("Lesse_e") whose address for purposes of this agreement is 3232 Briarcrest Drive, Bryan, Brazos County, Texas, 77802. In consideration of the mutual covenants and agreements herein set forth and other good and valuable consideration Lessor does hereby demise and lease to lessee and Lessee does hereby lease from Lessor the premises situated in Braios County, Texas and being a part of the property commonly referred to as the Brazos Center, and more particularly described and shown in Exhibit A attached hereto with such property hereinafter called the "leased premises". 1,2017. The term of this lease shall be two (2) years commencing on June 1, 2015, and ending on June RENT AND USE OF THE LEASED PREMISES A. Lessee agrees to pay to Lessor without any prior demand therefore and without any deduction or setoff as a fixed minimum rent of the sum of Six Hundred Fifty Dollars (5850 00) per month during the entire te'rm'of this lease, such amounfto be referred to herein as the "Base'Rent." Unless otherwise expressty iiet forth herein; lessee shall tiave the use of the leased premi'se's is described below in consideration for the payment of the Base Rent and no other amount. B. In consideration for the payment of the Base Rent, the Lessee shall have access to and use of the leased prerhises'as follows: A. At all times, the exclusive use of the office space described and designated at Exhibit 'A' attached hereto. 2. Occupancy of two storage cabinets in the 'receiving area' of the leased premises as described on Exhibit W. 3. Each year, on or, prior to August 1, the general membership, board, `and provisk follow. The Lessor shall, within two week the Lessee with a confirmation of the Or confirmed -by the L6ss6r,4he scheduled Lesso'rfor use by the Lessee. ` The root auditorium style or gangyet'style. If Lesse the Meet, - on any given day, Lessee Ori understood and agreed by Lessor and !e held in either A'ssemby I, 111, N, or in Lecti Lessee shall submit to the Lessor a calendar of nal meetings scheduled for the twelve months to of receiving the calendar' of meetings, respond to posed schedule Once the proposed calendar is meetings 666 locations shall be reserved by the set up for these three types of meetings cin be will not require the use of the requested rooms for 4. Those areas designated on Exhibit'A' as Room 106, Room 108, and Room 102 may be used for commillet and council meetings at no extra charge provided the follcWng'conditions prevail: a. Meetings are to be held only during normal business hours, or after 5 P.M. when another activity is scheduled requiring a Brazos Center attendant to be on the premises.' Vol. 02.1 — P9 -�� -- b. The Lessee must request use of the space at least one week in advance. Such notice must include the date of the meeting, the start and end time, and the name of the person presiding over the meeting. 5. In addition, Lessee has permission for free use of Assembly I, Assembly II, or Assembly IV, or Room 102 for 2 - six hour periods as scheduled in advance with the Brazos Center for Agency Orientation and Candidate Orientation. C. Lessor shall provide cleanup service after General Membership, Board, Provisional and Committee meetings, including Agency Orientation and Candidate Orientation, held in Assembly 1, III, IV or rooms 102, 106, And 108. Cleanup service includes emptying trash cans and disposing of trash in the dumpster, sweeping and mopping floor and disposing of all remaining items left in room unless otherwise notified. Lessee is responsible for the care and removal of their property, decoratibris, and equipment. III. BUSINESS Lessee shall use the leased premises solely for the use and purpose for which it is let that being the conduct of Junior League meetings and related Junior League meetings and related Junior League activities as described herein. IV. CONSTRUCTION AND ACCEPTANCE OR PREMISES Lessor will provide to Lessee exclusive use of all property described in Exhibit '.A' attached hereto. Lessee accepts the property in its present condition, and Lessee shall not constrict any improvements on or in such without the express written consent of the Lessor. V. MAINTENANCE AND SURRENDER Lessor shall maintain the roof, foundation, underground and otherwise concealed plumbing, the structural soundness of the exterior walls, and all other parts of the building and other improvements on the leased premises in good repair and condition. Lessor shall be responsible and keep in a good state of repair all interior plumbing, windows, winddw glass; plate glass, doors, heating system, air conditioning equipment, Tire protection, sprinkler system arid'the interior of the building in general including the reasonable care of the entrance and exit of the premises. Lessee shall provide all furniture for the leased premises. Lessee shall provide all custodial services for the leased premises as well as minor maintenance of the leased premises. Lessee shall throughout the lease tern maintain the leased premises and keep them free from waste or nuisance, and shall deliver up the premises in a clean and sanitary condition at the termination of this lease, reasonable wear and tear and damage from fire, tomado and other casualties excepted. VI. TAXES AND ASSESSMENTS Lessor shall pay and fully discharge all taxes, special assessments and governmental charges, if any, assessed against the real estate herein leased, and Lessee shall pay and fully discharge all taxes, special assessments and governmental charges, fl any, for any and All personal property located on the above premises. Vol. �� E'y j t p VII. UTILITIES Lessor shall pay all utility charges for electricity, heat, gas and water and power used in and about the leased premises. Lessee shall pay all charges for its dedicated telephone service and answering service. VIII. INSURANCE Lessor and Lessee shall each be responsible for purchasing and maintaining insurance in amounts and for risks as each determines'to be appropriate. Lessee will maintain in effect at all times a police of general liability insurance, including coverage for property damage, in an amount no less than 5500,000.00. Lessee bears the risk of loss of all property owned by or under the care of Lessee, and Lessee holds Lessor harmless from any claims or causes of action for the loss of or damage to the property owned by or under the care"of the Lessee. IX. SIGNS Lessee may not erect signs on any portion of the leased premises, with the exception of small signs identifying the leased premises which have been approved by Lessor in advance. x INDEMNITY The Lessee agrees to and shall Indemnify and hold harmless and defend the Lessor, Its officers, agents; elected''officlals and employees from and against any and all claims, 'losses, damages, causes of action, suits and liability of every kind, includng all expenses of htfgation, court costs andattomey's fees, tot Injury to or death of any 'per'son or damage to any property, or for any breach of contract arising out of or hi'cohnecGon with this'lca'se agreement and the da age, !n u e kh t death due to et was entered into, includiri) but not limited to property j act,omission, mistake, Yau/t, default, or negligence'of (1) the Lessor, its officers, agents, employees; (2) the Lessee, its agents and employees; and (3) any Invitees, licensees or guests "of the Lessee. XI. DEFAULT If Lessee shall mail, return receipt req, this lease for a period Lessor; or should any by reason of receivers Lessor may at its optic lease, or'in the altemi persons and property premises or any part t Lessor, and at such in Lessor by unable to re rental Lessee was Wit then Lessee shall pay -t the rent to be in arrears more than ten (10) days after written notice by U.S. I, of such delinquency, or shall remain in default under any other conditions of r (to) days after written riotioe by U.S. mad return'receipt requested, from Terson than Lessee secure possI.ession of the premises or any part thereof, nkruptcy proceedings, 'of other operation of law in any manner whatsoever, ming notice by U.S: mail, return receipt requested to Lessee, terminatelthis Lessor may reenter and'take possession of said premises and remove all rorn, without being deemed guilty of any manhe'r of trespass and relet the for all or any part of the:remefnder of said term, to a'party settsfactory'to rental as Lessor may with reasonable diligence be able to'seoure.Should ar'reasoribble efforts to'do so, or stiould such monthly rental be less than the o pay under this lease, or any removal thereof, plus the expense of reletting, ount of such deficiency to Lessor. ----- -------- -- Vol. - % — p9• __ xg. ASSIGNMENT AND SUBLEASE Lessee shall not assign this lease and any interest therein, or sublet the leased premises, or any part thereof, or any right or privilege pertinent thereto. Xlu. NOTICES AND ADDRESSES All notices provided to be given under this Agreement shall be given by regular U.S. mail, with the sole exception that holies of default must be delivered by U.S. mail certified retum receipt requested, addressed to the Lessor's agent, and_ the Lessees agent, and the Lessee's then serving President at the following addresses: Lessor: 3232 Briarcrest Drive, Bryan, Brazos County, Texas, 77602 Lessee: 3232 Briarcrest Drive, Bryan, Brazos County, Texas, 77802 XIV. TEXAS LAW TO APPLY This agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the partial created hereunder are performable in Brazos County, Teras. XV. PRIOR AGREEMENTS SUPERSEDED This agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written at oral agreements between the parties respecting the'withih subject matter. XVI. AMENDMENT No amendment, modification or alteration of the terms hereof shall be binding unless the same be in writing, dated subsequent to the date hereof duly executed by the parties hereto. XVII. ATTORNEY'S FEES In the event Lessor or Lessee breaches any of the terms of this agreement whereby the party not in default employs attorneys to protect or enforce Its rights hereunder and prevails, then the defaulting party agrees to pay the other party reasonable attorneys fees so incurred by such other party. XVIII. FORCE MAJEURE Neither Lessor nor Lessee shall be required to perform any term, condition or covenant in this lease to long' such performance rs delayed or prevented by force maleure,, which shall, mean acts' of God, material or labor restrictions by any governmental' authority, civil not, floods' and any other cause'not reasonably within the control of the Lessor or Lessee M which by the exercise of due diligence Lessor or Lessee is unable, wholly or in part, to prevent or overcome. IN WITNESS WHEREOF, the undersigned Lessor and Lessee hereto execute this agreement as of the data and year first above written. LQL.%Pg/U LESSOR: BRAZOS COUNTY, TEXAS an TWr aaernc r_r-uraw S CO , GO CO T GE COUNTYJUDGE )Jigl�� DATE LESSEE: THE JUNIOR LEAGUE OF BRYAN - COLLEGE STATION, INC. NAME: j. o TITLE: Pyr f i ili kil 5 Voll INDIGENT CARE AFFILIATION AGREEMENT BETWEEN BRAZOS COUNTY AND ROCK PRAIRIE BEHAVIORAL HEALTH This Indigent Care Affiliation Agreement ("Agreement") is entered into as of the l st day of December, 2015 ("Effective Date"), by and between Brazos County (the "Governmental Entity") and Rock Prairie Behavioral Health ("Hospital"). RECITALS: WHEREAS, the Hospital and the Governmental Entity collectively provide a significant amount of uncompensated care to the indigent annually in the communities they.seive; WHEREAS, reductions in reimbursement under the Medicaid program and the growing uninsured population have created a gap between the costs the Hospital incurs for treating Medicaid patients and.the Indigent and the'reimbursement the Hospital actually receives; WHEREAS, the Governmental Entity and the Hospital recognize that the Indigent numbers in the Governmental Entity will continue to grow, and that the burden of providin& health care to the Indigent will continue to shift to the Hospital, the Governmental Entity, and the. local communities in the Governmental Entity; WHEREAS, the Hospital and the Governmental Entity desire to collaborate to ensure that the Indigent have access to. and receive quality health care services;. and WHEREAS, the Govenithental Entity and :the Hospital' recognize that it is in their mutual best interest and in the best interest of the Indigent population of the. Governmental Entity to increase Medicaid funding for the Medicaid population of the Governmental Entity and to access local and federal funding to which the Hospital is entitled under the Section 1115 Demonstration Waiver for the Texas Healthcare Transformation and Quality Improvement Program (the Waiver Program); WHEREAS, the Governmental Entity and Hospital recognize that they need to collaborate to ensure their ability to deliver health services to indigent patients in Governmental Entity's community and to ensure the continued viability of the Governmental Entity's Medicaid providers; WHEREAS, the Governmental Entity and Hospital intend this Agreement to satisfy the legal and administrative requirements for participation in the Medicaid supplemental program authorized, under Waiver Program; WHEREAS, there is no agreement between the Governmental Entity and Hospital that conditions any amounts transferred by the Governmental Entity to fund supplemental Medicaid payments on the amount of indigent care Hospital has provided or will provide; WHEREAS, there is no agreement between the Governmental Entity and Hospital that conditions the amount of Hospital's indigent care obligation on the amount transferred by the Governmental Entity to fund supplemental Medicaid payments. or on the amount of the supplemental payment Hospital might receive; Page 1 I Vol. 3/ Py._X3... WHEREAS, no escrow, trust, or other funding mechanism exists; the amount of which is conditioned on the amount Indigent Care services provided by Hospital, and any escrow, trust, or other funding mechanism used in connection with an intergovernmental transfer by the Governmental Entity has been disclosed to the state and is not used to effect a quid pro quo for the provision of Indigent Care services by Hospital; WHEREAS, the Governmental Entity has not received and will not receive refunds of payments the Governmental Entity has made or will. make to Hospital for any purpose in consideration for an intergovernmental transfer made by the Govemmental Entity to fund supplemental Medicaid payments; NOW, THEREFORE, in consideration of the promises and covenants contained in this Agreement, and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged and agreed, the parties agree as follows: ARTICLE I DEFINITIONS 1.1 State Fiscal Year means the twelve month period beginning September I and ending August 31. 1.2 Health Care. Services means primary and preventive. services designed to meet the needs of the community, including, without limitation: immunizations; medical screening services and annual physical examinations; inpatient and outpatient hospital services; rural health clinics; laboratory and x-ray services; family planning services; physician services; payment for prescription drugs; skilled nursing facility services, regardless of a person's age; .and services that meet the District's criteria for indigent care provided under Sections 61.028 and 61.0285 of Chapter 61 of the Texas Health and Safety Code. 1.3 Indigent means any person eligible to participate in a state Medicaid program, a county program adopted under the Indigent Health Care and Treatment Act; as defined by the eligibility criteria described in Chapter 61 of the TEXAS HEALTH Arm SAFETY CODE, or a hospital charity care program. 1.4 Indigent Care means treatment and services for the indigent, including inpatient and outpatient hospital and medical professional services. 1.5 Waiver Program means the Section 1115 Demonstration Waiver for the Texas Healthcare Transformation and Quality Improvement Program; under which the Governmental Entity transfers Public Funds via intergovernmental transfer ("IGT") to the Texas Health and Human Services Commission ("HHSC") to generate the non-federal share of Waiver Program Payments, and the Hospital receives Waiver Program Payments from HHSC. 1.6 Waiver Program Payments means any Medicaid payments received by the Hospital in accordance with the Waiver Program. 1.7 Public Funds means public. revenue, generated by the Governmental Entity, which the Governmental Entity agrees to transfer in part to HHSC via IGT to serve as the non- federal share of Waiver Program Payments. Vol. j pg" /tel i Page 2 ARTICLE H COMMUNITY INDIGENT -HEALTH CARE ASSESSMENT 2.1 Methodology. Hospital shall collaborate with the Governmental Entity to develop a process that solicits participation from the Governmental Entity, the community, and other sources for assessing overall health care needs of the Governmental Entity and specific unmet needs and needs of the uninsured, medically disadvantaged and the indigent population in the Governmental Entity's County and .identifying options to increase access to healthcare in the most cost efficient environment. The process shall address at a minimum the following issues: a. The volume and demographic make-up of the population; b. Expenses incurred .by Hospital and the Governmental Entity in. providing care for the indigent and the uninsured; C. Community; state, and federal resources and assets available for the provision of Indigent health care and uninsured; d. Gaps in Indigent Care; e. Barriers to health care access by medically disadvantaged, uninsured and Indigents .patients; f. Opportunifies for improving access to health care for all patients as well as Indigents through participation in the Medicaid upper payment limit supplemental payment program. ARTICLE III REPRESENTATIONS AND WARRANTIES 31 Hospital's Representations and Warranties. The Hospital represents and warrants that: a. The Hospital is a Texas corporation or partnership duly established and created pursuant to applicable law with all requisite power and authority to enter into this Agreement in all respects; b. The execution,. delivery, and performance by the Hospital of this Agreement are within the Hospital'.s powers, and are not in contravention of any other instruments governing the Hospital and have been duly authorized and approved by the Hospital to the extent required by applicable law; C. Neither the Hospital, nor any of their representatives are (i) currently excluded, debarred, or otherwise ineligible to participate in the Federal health care programs as defined in 42 U.S.C. § 1320a-7b(f) :(the Federal health care programs); (ii) convicted of.a criminal offense related to the provision of health care items or services but not yet excluded, debarred, or otherwise declared ineligible to participate in the Federal health care programs; or (iii) under investigation or otherwise aware of any circumstances which may result in the exclusion of the Hospital, or any of its representatives from participation in Federal health care programs; Page 3 d. This.Agreemem has been duly and validly executed and delivered by the Hospital and constitutes the valid, legal, and binding obligation of the Hospital, enforceable against the Hospital in accordance with its terms; e. No funds derived from .any Waiver Program Payment received by the Hospital have been or will be returned or reimbursed to the Governmental Entity; L No other funds have been used to reimburse the Governmental Entity in consideration of any Waiver Program Payments paid to the Hospital; g. The Hospital will not use any of the Waiver Program Payments to fund any contingent fee arrangement or agreement or to pay for third -party consultant or legal services; h. The Hospital has not entered and will not enter into any agreement with the Governmental Entity to condition either the amount of .the Public Funds transferred to HHSC via IGT by the Governmental Entity or the amount of Waiver Program Payments the. Hospital receives on the amount of indigent care the Hospital has provided or will provide; i. The Hospital has not entered and will not enter into any agreement with the Governmental Entity to condition the amount of the Hospital's indigent care obligation on either the amount of Public Funds transferred by the Governmental Entity to HHSC or the amount of Waiver Program Payments the Hospital may be eligible to receive; j. Neither the Hospital 'nor any other entity acting on behalf of the. Hospital has made or agreed to make cash or .in-kind transfers to the Governmental Entity other than transfers and transactions that: (1) Are unrelated to the administration. of the Waiver Program and/or the delivery of indigent care services under this Agreement; (2) Constitute fair market value for goods and/or services rendered or provided by the Governmental Entity to the Hospital; and (3) Represent independent; bona fide transactions negotiated at arms -length and in the ordinary course of business between the Hospital and Governmental Entity; and IL Neither the Hospital nor any other entity acting on behalf of the Hospital has: (1) Taken assignment or agreed to take an assignment of a contractual or statutory obligation of the Governmental Entity; or (2) Authorized or consented to the assumption of a. statutory or contractual obligation of the Governmental Entity by the Hospital or any other entity acting on behalf of the Hospital. 3.2 Governmental Entity Representations and Warranties_. The Governmental Entity represents and warrants that: ---- — Page 4 Vol. �, pg, //_ a. It is a political subdivision of the State of Texas, duly established and created pursuant to the Texas Constitution, with all requisite power and authority to enter into this Agreement in all respects; b. The execution; delivery, and performance by the Governmental. Entity of this Agreement are within the Governmental Entity's powers, are not in contravention of any other instruments governing the Governmental Entity and have been duly authorized and approved by the Governmental Entity Commissioners Court as and to the extent required by applicable law; C. Neither the Governmental Entity, nor any of its representatives are (i) currently excluded, debarred, or otherwise ineligible to participate in the Federal health care programs; (ii) convicted of a criminal offense related to the provision of health care items or services but not yet excluded, debarred, or otherwise declared ineligible to participate in the Federal health care programs; or (iii) under investigation or otherwise aware of any circumstances which may result in the exclusion of the Governmental Entity, or any of its representatives, from participation in Federal health care programs; d. This Agreement has been duly and validly executed and delivered by the Governmental Entity and constitutes the valid, legal, and binding obligation of the Governmental Entity, enforceable against the Governmental Entity in accordance with its terms; e. The Governmental Entity is legally authorized to and does receive ad valorem taxes, generate public.revenue, or receive and expend appropriated public funds and will fund its obligations hereunder with such tax revenues; £ The Governmental Entity has entered into this Agreement after a public meeting held in compliance with the Texas Open Meetings Act in Chapter 551 of the' TEXAS GOVERNMENT CODE at which a majority of the Governmental Entity Commissioners Court voted to execute this Agreement; g. The Governmental Entity has transferred or has agreed to transfer Public Funds to HHSC via IGT for use as the non-federal share of Waiver Program Payments to the Hospitalin accordance the Waiver Program; h. All transfers of Public Funds by the Governmental Entity to HHSC to support the Waiver Program Payments to the Hospital under the Waiver Program comply with: (1) The applicable regulations that govern provider -related donations codified at section 1903(w) of the Social Security Act (42 U.S.C. § 1396b(w)); and Title 42, CODE OF FEDERAL REGULATIONS, Part 433, subpart B, sections 433.52 and 433.54; (2) The conditions approved by the federal Centers for Medicare and Medicaid Services ("CMS") for governmental entities' and private hospitals' participation in the Waiver Program; and (3) Such regulations established by HHSC pursuant to the Waiver.Program; --, Page 5 VOL ,_2J-1. pg, / 7 L The Governmental Entity does not and will not at any time receive any part of the Waiver Program Payments that are made by HHSC to the Hospital under the Waiver Program; j. The Governmental Entity has not entered into a contingent fee arrangement related to the Governmental Entity's participation in the Waiver Program; k. The Governmental Entity has not entered and will not enter into any agreement to condition. either the amount of the Public Funds transferred by the Governmental Entity or the amount of the Waiver Program Payments the Hospital receive on the amount of indigent care the Hospital has provided or will provide; 1. The Governmental Entity has not entered and will not enter into any agreement to condition the amount of the Hospital's indigent care obligations on either the amount of Public Funds transferred by the Governmental Entity to HHSC or the amount of Waiver Program Payments the Hospital may be eligible to receive; M. With regard to any escrow; trust or other financial mechanism (an Account) utilized in connection with this Agreement or an IGT issued for a payment period that occurs after the Effective Date of this Agreement, the following representations are true and correct: (1) The amount of any Account is not conditioned or contingent on the amount of indigent care services that the Hospital provided or will provide; (2) The Governmental Entity has disclosed the. existence of any Account to HHSC; and (3) Any such Account will not be used to affect a quid pro .quo for the provision of indigent care services by or on behalf of the Hospital; n. The Governmental Entity has not received and will not receive refunds of payments the Governmental Entity made or makes to the Hospital for any purpose in consideration for an IGT of Public Funds by the Governmental Entity to HHSC. to support the Waiver Program Payments; o. The Governmental Entity has not received and will not receive any cash or in kind transfers from the Hospital or any other entity acting on behalf of the Hospital other than transfers and transactions that: (1) Following the date this Agreement is executed, are unrelated to the administration of the Waiver Program or the delivery of indigent care services under this Agreement; (2) Constitute fair market value for goods or services rendered or provided by the: Governmental Entity to the Hospital; and (3) Represent independent, bona fide transactions negotiated at arms -length and in the ordinary course of business between the Hospital and the Governmental Entity; and P. The Governmental Entity has not: Page 6 (1) Assigned or agreed to assign a contractual or statutory obligation of the Governmental Entity to the Hospital or any other entity acting on behalf of the Hospital; or (2) Authorized or consented to the assumption of a statutory or contractual obligation of the Governmental Entity by the Hospital or any other entity acting on behalf of the Hospital. ARTICLE IV OBLIGATIONS OF THE. HOSPITAL 4.1 Agreement to Cooperate. The Hospital agrees to work cooperatively with the Governmental Entity to improve access, availability, efficiency, delivery, and funding for Health Care Services provided to the Indigent. 4.2 Provision of Care. The Hospital agrees to provide Health Care Services and meet all requirementsfor treating the Indigent; provided, .however, the Hospital shall not provide Health.Care Services for which the Governmental Entity has a continuing contractual or statutory obligation to provide. 4_3 Reports to the Governmental Entity. To. enable the Governmental Entity to perform its retrospective evaluation of the Health Care Services under Section 4.2, the Hospital will. provide quarterly reports to the Governmental Entity regarding the amounts and types of health care the Hospital has provided to the Indigent. The Hospital shall provide such reports to the Governmental Entity Within ninety (90) days after the end of each such period. 4_4 Documentation of Health Care Services Provided. Hospital agrees to provide to the Governmental .Entity on a ,periodic basis, no more -frequently than quarterly, documentation of the amounts and types of healthcare services it has directly or indirectly provided in the community. 4_5 Development of Community Indigent Care Assessment. Hospital shall participate in. the development the community indigent health. care assessment and provide .any required support for that purpose. 4.6 Support for Increased Medicaid Funding, Hospital agrees to work collaboratively with the Governmental Entity to expand opportunities for Medicaid, funding to which, the community is entitled. ARTICLE V OBLIGATIONS OF THE GOVERNMENTAL ENTITY 5.1. Agreement. to. Cooperate with the Hospital. The Governmental Entity agrees to work cooperatively with the Hospital to improve access, availability, efficiency, delivery, and funding for Health Care Services. 5:2 Funding Non -Federal Share of Private Hospital Medicaid 1115. Waiver Program. The Governmental Entity agrees that if it chooses to provide funding for the Medicaid 1115 Waiver Program, any funds it submits to the state for such funding will be from Page 7 FVol. pg. � S r J sources permitted by state and federal law and regulations and that the amount funded will not. be conditioned on a required amount of indigent care services from Affiliated Hospital. 5.3 Support for. Increased Medicaid Fundine. The Governmental Entity agrees to work collaboratively with Affiliated Hospital to expand opportunities for Medicaid funding .to which the community is entitled. 5.4 Retrospective Evaluation of Services. Consistent with its constitutional; statutory and. fiduciary obligations, the Governmental Entity may retrospectively evaluate the amount and impact of the Hospital's delivery of the Health Care Services and may rely on such historical information in determining whether to continue this Agreement with the Hospital, whether the Hospital's participation benefited the community, whether the Hospital's continued participation is likely to continue to benefit the community and/or to provide accountability to taxpayers. ARTICLE VI MISCELLANEOUS 6_1 Term and Termination. The term of this Agreement shall be one (1) year from. the Effective Date and shall automatically continue thereafter for additional terms of one (1) year each, unless terminated in accordance with this Section 6.1. Either party may terminate this Agreement with ninety (90) days advance written notice of termination. 6_2 Compliance with HIPAA. To the extent applicable to this Agreement, the Hospital and. the Governmental Entity agree to comply with the Health Insurance Portability and Accountability Act of 1996, as codified at 42 U.S.C. Section 1320d; et seq. (HIPAA) and any current and future regulations promulgated thereunder, including, without limitation, the federal privacy regulations contained in 45 C.F.R. Parts 160 and 164 (the Federal Privacy Regulations), the federal security standards contained in 45 C.F.R-Parts 160, 162 and 164 (the Federal Security Regulations), and the federal standards for electronic transactions contained in 45 C.F.R. Parts 160 and 162 (the Federal Electronic Transaction Regulations), all. as amended from time to time and,, all collectively referred to herein as HIPAA Requirements. The Hospital and the Governmental Entity agree not to use or further disclose any Protected Health Information (as defined in the Federal Privacy Regulations) or EPHI (as defined in .the Federal Security Regulations), other than as permitted by the HIPAA Requirements and the terms of this Agreement. In addition, the Hospital and the Governmental Entity agree to comply with any state laws and regulations that govern or pertain to the confidentiality, privacy,, security of, and electronic transactions pertaining to, health care information, 6_3 Admission of New Affiliated Hospitals. Upon the prior written consent of Hospital, the Governmental Entity may amend this Agreement to add one or more Hospitals. A copy of any, such amendment shall be provided to each party to this Agreement. 6_4 Withdrawal. Any parry may terminate its participation in this Agreement by providing sixty (60). days prior written notice to the other parties. So long as the Governmental Entity does not elect to withdraw from this Agreement, its provisions shall continue for ---� Page 8 E0112Z any remaining Hospital upon termination by a Hospital. In the event the Governmental Entity elects to withdraw from this Agreement, the Agreement terminates immediately. 6_5 Change in Law. If any provision of this Agreement or the plan to deliver health care .services pursuant to this Agreement.is determined by the federal .or state government or by court of law to be in violation of a federal or state law or regulation, or there is a change in any state or federal law or regulation that adversely affects this Agreement, then any, party may propose by written notice a new basis for continuation of the Agreement. If notice proposing a new basis for continuation of the Agreement is given and the parties are unable to agree within thirty (30) days on a new basis for continuation of the Agreement, any party may withdraw from the Agreement immediately upon providing prior written notice to the other parties. 6_6 Access to Records. As and to the extent required by law, upon the written request of the Secretary of Health and .Human Services, the Comptroller or any of their duly authorized representatives, the Hospital or the Governmental Entity shall make available those contracts, books, documents and records necessary to verify the nature and extent of the costs of providing services under this Agreement. Such inspection shall be available for up to four (4) years after the rendering of such services. If the Hospital or the Governmental Entity carries out any of the duties. of .this Agreement through a subcontract with a value of $10,000.00 or more over a twelve (12) month period with a related individual or organization, the Hospital or the Governmental Entity agrees to include this requirement in any such subcontract. This Section is included pursuant to and is governed by the requirements of 42 U.S.C. § 1395x(v)(1) and the regulations thereto. 6.7 Notices. All notices required or permitted hereunder shall be in writing and shall be sufficiently given and deemed to have been received upon personal delivery, by overnight carrier, or by United States mail; postage prepaid, registered or certified mail, addressed to the parties as follows: If to. Governmental Entity: Brazos. County Auditor 200 South Texas Ave., Suite 218 Bryan, Texas 77803 Attention: If to Hospital: Rock Prairie Behavioral Health 3550 Normand Drive - College Station, TX 77845-6399 Attention: CFO 6_8 Relationship between the Parties. The relationship between the Governmental Entity and the Hospital is solely a contractual relationship between independent contractors. Neither party hereto is an agent or employee of the other party. 6.9 Governing Law. This Agreement shall be governed by the laws of the State of Texas. Page 9 Vol. �t �� pg.-- _- 6.10Venue. Venue for any action involving the Governmental Entity arising out of this Agreement shall exclusively lie in the County in which it is organized. 6.11 Assignment. No party may assign any right, obligation, or responsibility under this Agreement. 6.12 No Third Party Beneficialy: The parties to this Agreement do not intend to establish any third party beneficiary relationships by virtue of this Agreement. 613 Entire Agreement. This Agreement represents the entire agreement and understanding of the.Parties Hereto with respect to the subject -matter hereof, and all prior and concurrent agreements, understandings, representations and warranties with respect to such subject matter, whether written or oral, are and have been merged herein and superseded hereby. 6.14 Counterparts: This Agreement may be executed in several counterparts, each of which shall be deemed an'original, but all of which together shall constitute one and the same agreement, binding on all of the parties hereto. A facsimile copy or scanned image of an. executed, original counterpart shall be deemed for all purposes to be, and may be relied upon as,.an.original, in which case each party shall immediately provide fully executed originals to the others. (Signature Page to follow) Page 10 Vol. __3/ P9•_�.z _ IN WITNESS WHEREOF, the parties have executed this Indigent Care Affiliation Agreement as of the date and year set forth above. BY; \ %� . moi Duane Peters, Brazos County Judge IN WITNESS WHEREOF, the parties have executed this Indigent Care Affiliation Agreement as of the date and year set forth above. HOSPITAL Rock Prairie Behavioral Health James W. Cagle, CFO Page 11 Gary Arnold Project Manager Brazos County Road and 2617 Highway 21 West Bryan, Texas 77803 Fm —iTCHELL t\AORGAN Bridge Department Charles Wendt Brazos County Purchasing Department Brazos County Administration Building 200 South Texas Avenue, Suite 352 Bryan, Texas 77803 RE: Brazos County Louis Mikulin Road Realignment, Brazos County, Texas Change Order #4 Dear Mr. Arnold, 3Jan16 As you know we have completed the construction of Mikulin Road. The contractor and owner have agreed on project quantities and there is $36,035.80 left in contingency. I recommend that we change order the contract from its current total of $1,085,240.06 by reducing the total by the remaining contingency $36,035.80 to $1,049,204.26. Thank you for the opportunity to work with you on this project. Please let us know if you have any questions. Thank you, ...4P..C.:'' -e-- .JOP JOEL " J. MIT6C�H�O' 'Er ,L9'rrL .............................i.. aS oT.rONALEL J. MITCHELL, P.E. che. Morgan, LLP Firm # F�443 Partner Cc: file 4 'aVE�111' Duane PetersDato County Judge x 3204 EARL RUDDER FREEWAY SOUTH COLLEGE STATION TX 77845 - 979 260 6963 FIRM #1443 CIVIL ENGINEERING HYDRAULICS HYDROLOGY UTILITIES STREETS SITE PLANS SUBDIVISIONS 'tom§ rLUSellandmoraan.Wjn—wm�t mitchellandmorgan.cnm VOL communications 6acwlry d OctgClbn 9ymamalnC. BILLING & SHIPPING ADDRESS: Brazas County - Auditor's Office PO Box 914 Bryan, TX 77803 PROPOSAL NO: S-02-03-2016 DATE OF PROPOSAL: 01107/16 PROPOSAL VALID FOR: 60 DAYS ATTACHMENTS: 8100-11901-00 and 8100-11902-00 SELECT SCHEDULE ANNUAL EQUIPMENT MAINTENANCE CONTRACT PROPOSAL SCHEDULE OF SERVICES PROVIDED UNDER THIS CONTRACT: • All necessary repair parts and freight related expenses. • Regular (Monday -Friday, 8:00am-5:00pm) labor hours for remedial maintenance. • Regular (Monday -Friday, 8:00am-5:00pm) travel time to and from the equipment site. • Lodging, Airfare and Per Diem expenses as required per scope of repairs. • One annual preventative maintenance inspection per x-ray system per year • One annual radiation safety survey and preparation of performance report per x-ray system per year �...... Additional services are available upon request at Seller's prevailing time and materials rates. . Note;;Metal:Detectorsado;not receive'prev_entative malntehance orradiatitinsurveyservices;� COVERAGE PERIOD: YEAR 1: February 03, 2016 thru February 02, 2017 YEAR 2: February 03, 2017 thru February 02, 2018 YEAR 3: February 03, 2018 thru February 02, 2019 PAYMENT TERMS: Annual billing, in Advance, payment net 30 days after delivery of Seller Invoice ACCEPTED FORMS OF PAYMENT: Business check, Wire Transfer, Credit Card CONTRACT TERMS AND CONDITIONS AND STATEMENT OF WORK: The terms and conditions and statement of work governing this contract are detailed on attached documents 8100-11901-00 and 8100-11902.00 herein. These seller terms and conditions shall take precedence over any and all others incorporated by the Buyer. EQUIPMENT TO BE SERVICED UNDER THIS CONTRACT: Model Item No Serial No. Year 1 Price Year 2 Price Year 3 Price Shippin Location PP 9 1 PX6.4 PX64794 $5,100 85,400 $5,700 300 East 26 Street, Suite 116F, Bryan, TX 77803 2 PX5.3 PX530044 $4,600 $4,700 $4,900 3030 East 29 Street, Suite 113, Bryan, TX 77802 Total Amount 1 $9,600 $10,100 $10,600 TOTAL FOR 3 YEARS: $30, 300 plus tax if applicable - See document no. 8100-11901-00, clause no. ten (10) for details. Please reference proposal no. S-02.03-2016, unit serial number(s) and period of performance on your purchase order. If you do not issue purchase orders, by signing this document, you have acknowledged our proposal and agreed to enter Into a maintenance contract with L-3 Communications Security and Detection Systems, Inc. This document will serve as a -purchase order. We will respond via fax, mall, or e-mail with your Contract ID for your records. Contact Lillian C Pena concerning order placement via Phone: 781-970-1606 -or- e-mail Lillian.Castro-PenaCdL-3com.com BUYER PURCHASE ORDER NUMBER: AUTHORIZED SIGNATURE REQUIRED: BRAZOS COUNTY: L-3 SDS Proprietary CONTRACT ID: L-3 COMMUNICATIONS SECURITY AND DETECTION SYSTEMS, INC.: Name: Lillian Castro -Pena Title: Contracts Dept Signature: PM Date: 01/07/2016 10E Commeme Way, Wobum, NIA 01801 Phone: 781A7D-1606 Fax 781-939-3949 SeryiceConlracts.SDSrdL.3com.com 24x7 Customer Service 800476-3031 Vol. �� Pg� -� ID- communications SoCudry & Dalacoon Syeternal0b. ANNUAL EQUIPMENT HARDWARE MAINTENANCE CONTRACT TERMS AND CONDITIONS Document No. 8100-11901-00 1. Cross Indemnification: L-3 Communications Security and Detection Systems Inc., hereinafter Tefemed to as Seller, shall indemnify. defend and hold Buyer harmless from and against any losses, damages, expenses, liablMles, and costs arising out of the negligence of Seller, Its employees, or agents in performing services under this Agreement Buyer shall Indemnify. defend and hold Seller harmless from and against any losses, damages, expenses, liabilities, and costs arising out of the negligence of Buyer, Its employees, or agents with respect to the use or operation of the System. 2. Cancellation during the contract Period: If Buyer cancels this Agreement pursuant to Section three (3) or if newly purchased equipment supplied by Seller replaces the equipment under this contract. Buyer may cancel this contract without charge by giving written notice to Seller. in the case of a cancellation for any other reason, Buyer must provide Seller ninety (90) days' prior written notice of cancellation or pay Seller 26% of any remaining annual contract fee as liquidated damages. Seller also reserves the right to cancel this Agreement without penalty If Buyer Is In default and fails to cure within 30 days following receipt of written notice of default. 3. Cancellation for cause: Buyer retains the rigid to cancel this contract immediately and without advance notice to Sellershould Seller's services be unsatisfactory In quality or should Seller fail to perform in accordance with the statement of services for any reason within Sellers control. In the event of such cancellation, Buyer will notify Seller in writing. Buyer will pay only for the services rendered up to the dale that Seller receives the written cancellation notice. 4. LIMITATION OF LIABILITY: REGARDLESS OF THE LEGAL OR EQUITABLE BASIS OF ANY CLAIM, IN NO EVENT WILL SELLER BE LIABLEFORfi)ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM INACCURATE OR LOST DATA, LOSS OF USE OR LOSS OF REVENUES OR PROFITS, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY ORDER, THE FURNISHING OF PRODUCTS AND SERVICES OR THE USE OR PERFORMANCE OF PRODUCTS OR SERVICES, EVEN IF INFORMED OF SUCH DAMAGES, OR (ii) FOR ANY THIRD PARTY CLAIMS AGAINST CUSTOMER. SELLER'S MAXIMUM LIABILITY UNDER ANY ORDER, INCLUDING LIABILITY ARISING OUT OF PRODUCTS DELIVERED, SERVICES PERFORMED OR FROM SELLER'S NEGLIGENCE OR OTHER ACTS OR OMISSIONS, WILL BE LIMITED TO THE AMOUNT PAID TO SELLER FOR THE PRODUCTS ANDIOR SERVICES GIVING RISE TO THE CLAIM. 5. Alterations: Buyer shall have the night to request that systems be returned to service coverage on a pro -rated basis. Prior to systems being returned to service coverage all systems are subject to billable pres-inspection services to be performed by the Seller. The Seller's prevailing standard service rates shall be used to calculate the pre-lnspeclian servbes. 6. Software: Unless otherwise expressly agreed In wrifin9 to the contrary, all technical specifications, software, technical informallon, source code, drawings, and/or Data provided to Buyer by the Seller, or used by the Seller in updating, upgrading or performing repairs to the Buyers equipment shall remain the sole property of the Seller. Any use of said data and software shall constitute use under a limited use license only. This License Is expressly limited to the functionality of Individual items of L-3 equipment previously purchased by the Buyer. 7 Exclusions: Contractual coverage shall not apply to any equipment, spare parts, or services that are: (a) repaired, moved or modified other than by Sellers authorized personnel; or (b) subjected to physical or electrical abuse, stress, or misuse; or (c) stared, operated, modified, or maintained in a manner inconsistent with applicable Seller Instructions and specifications. No third party agents, regardless of affiliation or former affiliation with Seller, retain the rights to perform service actions under this contract. Also excluded from this contract are parts, materials, and other ancillary equipment which have been damaged due to improper handling: power surges, exposure to the elements of extreme heat, extreme cold, moisture; acts of nature such as rain, sleet ,snow, earthquakes, lightening, numbers. etc.; equipment failures resulting from installation or operation or use in any manner not in accordance with Seller instructions; failures resulting from Installation or operation or use in any manner not In accordance with Seller instructions; equipment damage due to misuse or abuse (through negligence, accident, or vandalism): erroneous reports by Buyer of equipment failures; and equipment which has been repaired or modified without the written approval ed Seller 8. Accessories antl Attachments: Service actions performed by Seller under this contract will not include maintenance or repair of accessories, attachments, machines, or other similar devices not originally supplied or provided by Selleq painting or refinishing of equipment or providing such painting or refinishing materials; or furnishing supplies, accessories, or other similar devices except as speciAcally required for equipment repair or maintenance. 9. Special Cancellatiore The specific equipment covered by this contract shall be serviced as needed and all required spare parts shall be provided unless stock Is no longer available due to end of life issues. Seller shall make a best commerodal effort to support this equipment during the contractual period am make proOslons for end of life parts. Should services be required and spare parts are no longer available, Seller shall make a best commercial effort to render Buyer's equipment back into operating condition. If Seller is unable to bring the up to operating condition, the affected equipment shall then be removed from he remainder of the contract and a pro -rated credit for the balance of the present contract term shall be issued. Credits shall be sent out within thirty (30) days of cancellation. Also, the affected equipment shall rot be Included in future contract renewals or during any remaining optional years. 10. Taxes: This quotation does not include taxes. Taxes levied against L-3 as a result of products offered or sold hereunder and any services rendered in connection herewith, including but not limited to installation or maintenance would be additional test and shall be reimbursable by Purchaser upon submitral of supportrg documentation of such costs. 11. Acceptance of Buyer'. Terms and Conditions: Any resultant ContracVPurchase Order with Terms and Conditions other than these shall not be accepted without notice provided to Buyer accepting all or a portion of the Buyers Terms and Conditions. Estimates are calculated under these Terms and Conditions and pricing may change for compliance with alternative Terms and Conditions as well as the schedule. L-3 SDS Proprietary I 10E Commerce Way, Woburn, MA 01801 Phone: 781-970-1506 Fax: 781-939-3949 ServiceContracts.SDEi@,L-3com com 24x7 Customer Service 800-7763031 Vol.. ,2 3 / pg. 6 IDP, communications Sxudryencrnctionsysroms . ANNUAL EQUIPMENT HARDWARE MAINTENANCE CONTRACT STATEMENT OF WORK Document No. 8100-11902.00 1 Response Time: L-3 Communications Security and Detection Systems Inc., hereinafter referred to as Seller, will provide response as soon as possible to requests for equipment service from Buyer's authorized representative. 8 -hour Seller response time will be typical in geographical locations where Seller has resident service engineers. 24-hour Seller response time will be typical In geographical locations where Seller does net have resident service engineers. Seller does not warrant that the use of equipment will be uninterrupted or error free. 2. Sellar Responsibilities: As applicable to the specific maintenance contract schedule, service actions performed by Seller will include all pans, mate dais, and labor required to adjust, maintain, repair, or restore the equipment to proper operating condition In accordance vdth the manufacturer's specifications. Seller will not perform any modifications to the equipment without Buyers wntlen approval. Seller will perform all service actions at the equipment site whenever possible and practical. Seller will perform all service actions with the least possible interference or disruption to the orderly conduct of Buyers normal operations. Upon the completion of service, Seller will leave Buyer's premises In as neat, orderly, and clean condition as existed upon start of services. Seller will be responsible for obtaining all air side passes, work permits, clearances, and required licenses. Seller will be responsible for compliance with all lam, codes, rules, and regulations applicable to services performed under this contract. Seller will not transfer or assign its obligations under this contract, either in whole or in pan, without the prior written approval of Buycr 3. Buyer Responsibilities: Buyer will provide adequate facilities for Sellers personnel. The focilibes will Include adequate workspace, heat, lighting, ventilation, proper electrical current, and earth grounded electrical outlets. The facilities will be located within a reasonable distance from the equipment being serviced and will be provided by Buyer at no cost to Seller_ Seller will not be responsible for Buyers failure to provide prompt access to the equipment or to adequate facilities. 4. Additional Services: Upon agreement between Buyer and Seller, Seller may perform additional services beyond Sellers obligations under this contract Such services may include, but are not limited to, equipment Installation, relocation, and re -Installation. All such services, when performed, will be involced to Buyer in accordance with Sellers prevailing standard service rate schedule. 5. Service Call Report rSCRI: Upon completion of service, Sailers service engineer will submit the SCR to Buyers authorized representative. The SCR will itemize the service actions performed. Buyers authorized representative will be provided with a copy of the completed and signed SCR. Should Buyer fail to have an authorized representative on site for any reason upon completion of Sellers services, the lack of Buyer's authorized representative's signature on the SCR will not be a basis for claiming that unsatisfactory service was provided by Seller. 6. Spare Parts and Materials: All spare pans and materials provided and or replaced by the Seller, regardless if they are new, factory refurbished. rebuilt, restored, renovated or reconditioned, shall be warranted far ninety (90) days from the date of installation. Seller reserves the right to use Like -Kind -Quality spare parts and materials Including new, factory refurbished, rebuilt. restored, renovated or reconditioned items. Any use of alternate spare parts and materials shall have oe effect ori the Form, Fit, and Function of said parts and materials and shall be warranted for ninety (90) days from the date of installation, or the remaining life ofthe contract, whichever is longer 7. Annual preventative Maintenance for X-ray Systems: Listed below are the procedures that our technlclans perform during the annual contract period ANNUAL PREVENTATIVE MAINTENANCE FOR X-RAY SYSTEMS VISUAL AND MECHANICAL: • Vacuum system interior and exterior • Inspect conveyor rakers • Inspect condition of conveyor belt and lacing • Adjust conveyor belt tension and backing • Inspect condition of x-ray sensor dust shields •Inspect for x-ray generator ed leakage • Align and clean optical sense modules • Test indicator lamps for proper operation ELECTRONIC: • Adjust x-ray tube voltage and current • Test operator central panel functions • Adjust monitors • Inspecicenveyorrelays • Adjust power supply voltages • Collimate x-ray beam • Verify x-ray image quality 8 resolution RADIATION SAFETY: • Inspect AC line cord for damage and test for proper grounding • Measure radiation time per inspection(annual),test all safety interlocks for proper operation • Inspect finger guards and/or popaut rollers for damage Verify conveyor under panels are securely attached • Test emergency stop switches L-3 SDS Proprietary • Measure external radiation emissions (annual) • Test all'x-ray on' indicators for proper operation • Inspect condition of lead curtains • Inspect operator footmat for condition and lest for proper operation • preparation of FAA Form 1650.17 IDE Commerce Way, Woburn, MA 01801 Phone: 781-970-1606 Fax: 781-939-3949 Servir..nCnnlrnris.SDSfoll._3rom.com 24x7 Customer Service 800-776-3031 Vol. _ / Pg,i ]Dcommunications seeadry a atmtm SymemsfE Payment / Remittance Information Please Update Your Records Correspondence and PO Address*: L-3 Communications Security and Detection Systems, Inc. 10E Commerce Way Woburn, MA 01801 Check Remittance Address: L-3 Communications Security and Detection Systems, Inc. 21867 Network Place Chicago, IL 60673 — 1218 * This address must be listed as the vendor address on your PO. Purchase Orders and other correspondence (EXCLUDING PAYMENTS) should be sent to Woburn, MA PLEASE BE SURE TO NOTE INVOICE REMITTANCE INFORMATION ON ALL PAYMENTS Checks Via Courier: UPS/Federal Express JP Morgan Chase Bank, N.A. Attn: L-3 Communications Security and Detection Systems, Inc. Lock Box No. 21867 131 S. Dearborn - 6th Floor Chicago, IL 60603 EFTMire Transfers: JP Morgan Chase Bank, NA One Bank One Plaza 2 S Dearborn Chicago, IL 60670 Account Name: Account Number: ABA/Routing Number: Swift Code: F.I.D. Number: L-3 SDS Proprietary L-3 Communications Security and Detection Systems, Inc. 656511029 071000013 CHASUS33 04-3054475 I 10E Commerce Way, Webum, MA 01601 Phone: 761-970-1606 Fax: 781-939-3949 ServlceContmcts.SDS(a)L-3com.com 24x7 Customer Service 600-776-3031 Vol pg.=_ I R ilP 19 Purchasing Dearta ent 2110 SOLtT11 I%XAS AVF SUITE 152 HRYAN'T'X 77$01 PHONE (979) 361-429U FAN (914)36W293 13riwasft dasuary 12,2016 ; jowr City t pih-MachTncs LLC PO gwv(123 Troy, :off 9SQ049 62S 2.t S.�Sy.ti243 Attn.,. reiorKnappwann Its ttcsttt!k'rrtofC'untrnEts,feJrAT,4dntkiciihh3ai.,ttliltrncusCtittxtya Sraz�an Ckniu� 1F4u1�1 j(1:a to tt`tiv4u tateeonteaets t9rr1�1f dfnc7rirr€+ xvtft /fru»vs G'artitry c'Vntrd'cY 4201 `i -t M palausty Arntsy en euntraet *201,141, ..4factttnes are faee{ed "v Bra.>.rrs �'rtanty+ 7scPu C'unlptgt St{37ic�trnnrti't Rl7 dfc�nn, 7X77y�t7itrt,f.$rrsSua �trrlirl}[orrrilmtcsc mo T;: 20swerBryap, TX 77$0t, All commissidrt chews netd to bo scut to: l3mws County Trcasuw-cc 200 S. Tesw Ave.'Nuiic'240 TX 77803 All tgmit , candkians, and pncim,g sh.a€d rcm6in thc.--anje as 6Iated in the tidgit i,,contmatlnted Fantiafy 13,240, "Phis idnewul svi(I bo for onoy�ear ad will Slarf..IuSun.ry't3, 2016 ttvnu'tL I.WMat�y° T3, ✓, 201 1 . 2-0 accept "eras re1xvi O, Please: fttl c,ut tilt informat:ran =. d sign bcti r Rentra;he 3il;nFri docurttcats by entail Ila cierWnr3brascsc utt[yts.tow at. Fax to (979) 361.4293, plea -e t}tm -dithe6rt�ivat siVrud d„st9tnr rts [a alts, dch ](stc3 ul4ave, Vieaw return ateceptance as lsnaet ;is possible ifyc'u htivo airy qucatim, I may be reucned at(270) 36f�ti?91 C411tactName: Ntea ilappnlalnn Tz!epitnaar 248-189-0243 l=,tia;rlhlurftnr i[v+etr5limucit3ttes�it; ;thoo,cont.�ss: NONE UJUSACAS11IMOTOR CITVCASHMACHINES :iuilrstriu¢ SIKri ttttrc Due 11R•9Z.1t, OUNTY ©ttapigPa10r5, £.'aunty ,Inde uL— "seta Vol. . 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TrTtm.. nmN, a m n[.y W.ta9 M ar>0 eE mxWey w mW Na wr. m 41w1 IMeaMf.[epwn:fxlHSSgrs[r leret.l'rpaamlmat>LNb]v te4m>Ws U'e4x'sLbMryimo Nusn[gen.rBb.nmmauanwssM lennl4)eenl+n xlxM tn'rq MnRxrn>er.M+B/R'm"I srml LWr Weta'tl Faegfm � W M tWN nbenn,NlfA s rtyuN AT N. VUI{BY.I �PEC� 1 f1M �el J v Vol. /-- Pg. -P Y4. 1q BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT: Road & Bridge MEETING DATE: January 19, 2016 SUBJECT: Utility Permit — Verizon Southwest Consider and take action on the Verizon Southwest utility permit on Calumet Trail located 179 feet southwest of Riva Ridge Road. Work consists of boring a distance of 407 feet near the existing right of way line on the northwest side to place a telephone cable in a 4 inch conduit. Line will be a minimum depth of 36 inches within the right of way and 5 feet below the existing culvert crossings. Site is located in Precinct 1. SUBMITTED BY: Darrell W. Kolwes Right of Way Agent ACKNOWLEDGED BY: Lloyd Wassermann Commissioner Precinct 1 This request is APPROVED / ❑ D ED by Commissioners' Court 1::L) Duane Peters, County Judge DATE: l I ' I ILP NOTIFICATION OF PROPOSED INSTALLATION AND/OR REPAIRS OF TELEPHONE FACILITIES AND DESIGNATING PLACEMENT OF UTILITY IN COUNTY RIGHT OF WAY TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS Comes now VERIZON SOUTHWEST [company name], hereinafter referred to as "Company" a TEXAS [state] Corporation, with authority to transact business in Texas, acting by and through its duty authorized representative, and hereby notifies the County Engineer of its intent to lay, construct, maintain, repair and/or operate a telephone facility under, over, across and/or along certain County Roads as shown on drawings and diagrams attached hereto and said location described as follows: Beginning at a point approximately 179' southwest of the junction of Calumet Trail and Riva Ridge RD, 407' of cable will be placed southwest through a bore at 8' within the northwest R.O.W. of Calumet Trail. This work is being done in conjunction with a County culvert replacement project. The bore will be made underneath a driveway, a creek, and along the eroded areas at the edge of the R.O.W. line. The 8' alignment is to place a greater distance between the cable and the curve and drop-off of the creek. The proposed cable will buried to a minimum depth of 36" and 5' below the culverts. The location and description of the proposed installation and appurtenances must be fully shown on detailed drawings attached to this Notification. The Company shall commence actual construction/work in good faith within 60 days from the date of said permit and shall complete said construction /work within 30 working days. (COMPANY MUST FILL IN). If such construction is not begun by the 60th day, Company will be required to provide a new notice. Company declares that prior to filing this application, it has ascertained the location of all existing utilities, both aerial and underground, and the filing of this application is prima facie evidence that the proposed installation will not conflict with any existing utility. A copy of this notice shall be kept at the job site any time work is being performed. In the event of deviation from this notice, the Brazos County Engineer's Office or its designated representative will be notified as soon as practicable. Approval of County Engineer's Office may take as long as two weeks after complete application is received. Vol. J�/. P9._2&__ 7F Failure to notify the County Engineer's Office within 24 hours of beginning construction shall constitute grounds forjob shutdown. By signing below, I certify that I am authorized to represent the Company listed below, and that the Company agrees to the conditions/provisions included in this notification. VERIZON SOUTHWEST Company Name Brenda Vaidak By: Signature Supervisor -Network Engineer Title 301 Industrial Blvd.. Brvan. Texas 77803 Address 979-821-4770 Phone Number Brenda.vaidak a,verizon.com Email Vol. Pg ACCEPTANCE OF NOTIFICATION Brazos County offers no objection to the proposed location of the utility in the County right of way as shown by accompanying drawings and notice dated January 18, 2016 except as noted below: (Montlt/Day/Year) EXCEPTIONS: P 0' e_ � �-v- -^ r'V- Brazos County Engineer 7P-9 ._�,r Planning and Development Map >* ffef-;1Manning int] Development Map T a R4 ad'd ds�ijr pl2c 1 ;' 0 o,Jk 9 Page 1 of 1 - y. ' U \ G.? / T}'? � 6 l 22 4 1 4� Esd, HERE; DeLorme, NGA, L 5y 16 we /) WDlyc 7PNVS,X WORK LOC14T.IL 0.3mi 30.541 -96.291 Degrees Vol. http://csix.maps.arcgis.com/apps/webappviewer/index.html?id=lb2d3cl88cd5479E9dbc6i- Il1/3/2015 NOTE AREA 0 °11753 1811 e - M°122480 642' 2423.10 UEF 100-24 02003,151-200 02003,51-75 XDD,76-100 n0. VERIZON AREA STATE: TX DIVISION: SOUTHWEST EXCH,; 5416 REM. CD.: 007 W.C.: 6900 WO NO.: 7P0AVSX CONTROL NUMBER: 1. BOND AND GROUND ACCORDING TITLE:RELO CABLE CALUMET TR TAX DST.: 2. LOCATE BURIED UTILITIES PR: TWP; I RNG.: I SEC.: I SAL: 3. COUNTY PERMIT REQUIRED- DATE: 11/02/15REV. DATE; SCALE:I'=100.00' 4. NO CUTSHEETS REQUIRED. 5. WORK TO BE PERFORMED BY EFILE: Wpl DRWN ENG APRVO PRINT RVW RVW I OF l vo /- i°y BRAZOS COUNTY ROADWAY SAFETY AND ROAD PRESERVATION STANDARDS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY A. General Requirements 1. Adequate drainage shall be maintained in ditches at all times. 2. Permittee will use hest management practices ("BMP") (EPA and TCEQ both provide lists of examples of BMPs) to minimize erosion and sedimentation resulting from the proposed installation. 3. The permittee shall take precautions to avoid damage to property. All County Right of Way and property shall be restored to its original condition, as far as practical, in the opinion of the County Engineer or appointed representative. 4. The construction and maintenance of such utility shall not interfere with the property or rights of a prior occupant. 5. Permittee shall not interfere with other utilities located in the right of way. In the event damages occur, permittee will be liable to the County or other utilities running through the right of way. 6. County Engineer shall determine whether or not permittee's plans shall inconvenience the public. If it is determined that inconvenience to the public exists, then the County Engineer will decide whether such project will be allowed or if an alternative exists so as not to inconvenience the public. B. Safety Requirements 1. Proper traffic control measures must be put in place prior to beginning work and remain in place during the duration of thejob. All traffic control measures must follow the Texas Manual of Uniform Traffic Control Devices (TMUTCD). See Traffic Control Requirements below. 2. During construction, all safety regulations of the Texas Department of Transportation shall be observed. 3. Permittee must take such precautions and measures, including placing and displaying safety devices, as may be necessary, in order to safely conduct the public through the project area. Company shall provide flagmen, signs, signals or devices necessary to provide complete safety to the public. 4. Adequate provisions must be made to cause minimum inconveniences to traffic and adjacent property owners. 5. No cable, conduit and/or pole line shall be laid, constructed, maintained and/or repaired so as to constitute a danger or hazard of any kind to persons or vehicles using such road. Any poles placed in the Right of Way for future installation shall be placed at the back of the Right of Way. Exceptions may be approved by the County Engineer. C. Traffic Control Plan 1. A traffic control plan, pursuant to the TMUTCD or Engineered Traffic Control Plan must be provided for the following: a. Any construction (i.e. pit, excavation, hole) left open overnight, requires specific nighttime traffic control measures pursuant to the TMUTCD; b. If construction is within ten (10) feet of the roadway; or c. Any work performed in the road right-of-way; 2. Plan must be attached to the permit and kept at the job site anytime work is being performed. 3. Plan must set forth the time of completion for the job. D. Design Standards 1. All overhead installations shall conform to clearance standards of the Texas Department of Transportation and the pole be placed in the designated area for power specified as set forth in the Texas Utilities Code, Section 181.045. 2. All pole installation (including lighting) shall be placed at the backside of the Right of Way to ensure safety to the public. Any pole placed in violation of this requirement will be required to be moved to the appropriate location at the company's expense. Exceptions may be approved by the County Engineer. 3. All underground installations shall (these are minimum depths—utility may place deeper): a. be placed at a minimum depth of forty-eight (48) inches below the top of the pavement; b. be at least thirty-six (36) inches below ditch flow line when installation is within the area measured from top of bank to top of bank; c. be at least forty-eight (48) inches below ditch flow line if low pressure gas or petroleum lines. For high pressure gas and petroleum lines, see High Pressure Pipelines requirements listed below; d. not be closer than ten (10) feet from the edge of pavement. Exceptions may apply in rights of way of less than 60 feet. 4. Water Lines: All water lines must be a minimum 36 -inches below the ditch flow line and cased. Waterlines shall be cased if crossing under the roadway. 5. Utilities in all new developments that have 60 feet or greater of right of way shall be installed within designated locations based upon the type of utility. The locations shall be as follows: (measured from back of right-of-way). Power— 0 to 2 feet, nominally V Phone — 2 to 4 feet, nominally 3' Gas — 4 to 6 feet, nominally 5' Cable — 6 to 8 feet, nominally 7' 6. Utilities with less than 60 feet right-of-way in all new developments shall install the utility in a similar manner as referenced in No. 3 above; however, the County Engineer or its designated representative will provide final approval of each utility location. 7. The length of any trench to be opened in advance of the pipe, conduit or ducts may not be longer than 400' if left open over night or unattended. 8. Crossings under a county road shall: a. be bored or jacked. ABSOLUTELY NO OPEN CUTS WITHIN COUNTY ROAD PAVEMENT; b, be pressure grouted for the full length of the crossing if the annular space between pipe and casing and soil exceeds one (1) inch. Brazos County must be given 24 hours notice of pressure grouting operations and have the opportunity to have an inspector on site to observe pressure grouting operations; Vol. 3 /.. pg..?— —� c. TxDOT Standard Specification Item 476 shall be followed for all boring, jacking, tunneling and joints. Bore Pits: a. no pits shall remain open longer than 2 days; b. all pits shall have proper traffic control measures in place. See Traffic Control Plan listed above. c. pits shall NOT be located within ten (10) feet from the edge of pavement without prior approval from the County Engineer or his representative; d. when pits are to remain open for more than 8 hours, due diligence will be used in protecting the spoil pile to prevent drainage problems; e. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity; f. based upon soil conditions, the County Engineer or his representative may require pits be placed further from the edge of road. 10. Any installation within ten (10) feet of edge of pavement shall meet the following: a. location must be approved by the County Engineer or his representative b. backfilled with cement stabilized material. c. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity. d. all excess water and mud shall be removed from the trench prior to backfilling. Any backfill placed during a rainy period or at other times where excess water cannot be prevented from entering the trench will be considered TEMPORARY and shall be replaced with PERMANENT cement stabilized material as soon as weather permits; e. all disturbed base and pavement materials shall be removed and restored to the satisfaction of the County Engineer or his representatives. f. no side or lateral tamping to fill voids under the base and pavement materials is allowed. 11. Company must be careful to notjeopardize the slope or integrity of the shoulder of the road. In the event Company damages the slope, shoulder or any other portion of the right-of-way, Company will be responsible for repairing the damage and replacing the right-of-way to the condition it was prior to commencing construction. 12. Operation of construction and/or maintenance equipment on the traveled surface of any improved County road will not be permitted, except in an instance whereby the laying, construction, maintenance and/or repair of cables, conduits and/or pole lines cannot be accomplished by any other method and in this event all such equipment shall be of the rubber tire variety. Appropriate traffic control shall be provided meeting TMUTCD requirements. 13. In the event said construction and/or maintenance and/or repair requires Company to remove, cut or jeopardize any section of the road (asphalt, cement, road base, etc.), Company will be required to provide a performance bond or letter of credit securing necessary repairs. Said bond amount will be determined by the County Engineer. 14. The applicant shall submit a letter of "No Objection" from the Army Corps of Engineers for all designated wetlands and environmentally sensitive lands. E. Ememeney work 1. In the event Company is required to perform emergency services, that requires excavation in a County Right of Way, and unable to notify the County Engineer prior to conducting emergency repairs, Company vol. 3 / Pg ,l0 I shall notify County Engineer within 24 hours of beginning construction/repairs. This will allow the County Engineer's Office an opportunity to inspect the site to ensure the integrity of the County Right of Way and traffic safety controls used. F. Repairs to existing facilities 1. Maintenance and/or repair to existing cables, conduits, and/or pole lines which require disturbance of the soil, shall not be performed until plans describing such maintenance and/or repair have been approved by the County Engineer or its designated representative and a permit has been obtained. G. Relocation of utilities 1. When and if the County Engineer determines that it is necessary for the construction, repair, improvement, alteration or relocation of all or any portion of said road, any or all poles, wires, pipes, cables or other facilities and appurtenances authorized hereunder, shall be removed from said road, or reset or relocated thereon, as required by the County Engineer within a reasonable time as determined by the County Engineer and Utility Company, and at the expense of the Utility Company. H. Hieb Pressure Pipelines All utility Permits for high pressure pipelines (generally 60 PSI or greater), whether pertaining to controlled access or non -controlled access installations, should contain the following additional information in the description of the permit. -diameter -wall thickness -material specification -minimum yield strength -maximum operation pressure of the pipeline 2. With the exception of the maximum operation pressure of the pipeline, this information is to be supplied for both the carrier pipe and the casing. 3. Assurance must also be given that the installation material and design meet the minimum Federal Safety Standards for Liquid and Gas Pipe Lines. Assurance must be provided on company letterhead and signed by an authorized representative of the company. 4. Petroleum Pipelines: Depth Tvve of Pipeline (below deepest ditch grade) Special Requirements Encased Pipe Less than 10' Must be covered with concrete pad at least 36" deep Encased Pipe Greater than 10' No concrete pad required Nat -Cased Pipe Less than 10' Must be covered with concrete pad at least 48" deep Non -Cased Pipe Greater than 10' No concrete pad required Concrete pad shall be minimum of 3" thick and width shall be pipe diameter plus 18" minimum 5. Under no circumstances will a pipeline be installed parallel to a County Road within the Right -of - Way. Transmission lines have been determined to be petroleum pipelines (which includes natural gas lines) and shall not be parallel to a County Road. 6. Natural Gas Distribution is a line that serves the final customer. Vol, pg._�' I yfl roimw I ° ,nirous o e ..vims 0 F5;:{ R3� �eg8e8 nv�ewz �wi.u�s ��8� fiyy'O "'$'_ YgFy E h§v o RS�R�m -s -S_«rve tics .".f$e a 5 �d Hjc ; o;Pobie gti F" - h xP oT Z -�cs a��s•bss-4 %56S ge � v T� �s,e_ B�ugsgg -�g nps- bob � spa � t 5 Ss8g� �RERR=-gg B�ex-3 o�•� 6ti��i �® $ r q8��y$g_bebb� sF4 �� Peg` -------------------- a e�11C7�fr� 4 _,S � @ .exe •,,in mei +[ a;� eKgg wmroi¢ o t `�£;. e �roimrs 2 — — — — — — — — — .ovi ross �wv+ws uS wn os' U - — OS Nl a C Yd y4 d q wimp _ 7 _ roimw I ° ,nirous o e ..vims 0 nv�ewz �wi.u�s ��8� 4 _,S � @ .exe •,,in mei +[ a;� eKgg wmroi¢ o t `�£;. e �roimrs 2 — — — — — — — — — .ovi ross �wv+ws uS wn os' U - — OS Nl a C Yd y4 d q wimp _ 7 _ roimw Vol. _ol 3/ pg, 442 DEPARTMENT: MEETING DATE: SUBJECT: M BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM Road & Bridge January 19, 2016 Right -of -Way Acquisition Acceptance of Special Warranty Deed from Theresa Holland, Ann Duke, Patricia Hanshaw and Anthony Damian Seaback for 0.09 acre of land to be used for improvements to Merka Road located in Precinct 2. The following supporting documentation is attached for reference: • Copy of Special Warranty Deed • Copy of Right -of -Way Acquisition Agreement • Copy of Fence Building Option SUBMITTED BY: I b,V�� Darrell W. Kolwes Right of Way Agent Commissioner Precinct 2 This request is Lit PROVED D } Commissioners' Court Duane Peters, County Judge DATE: V NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN - REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER THE STATE OF TEXAS § COUNTY OF BRAZOS § Merka Road Special Warranty Deed KNOW ALL MEN BY THESE PRESENTS: GRANTOR(S): THERESA HOLLAND, ANN DUKE, PATRICIA HANSHAW and ANTHONY DAMIAN SEABACK Grantor's Mailing Address: Theresa Holland 1711 Fawn Crest San Antonio, Texas 78248 Bexar County, Texas Ann Duke 4230 Canary Isle Court Katy, Texas 77450 Fort Bend County, Texas Patricia Hanshaw 521 White Wing Lane Houston, Texas 77079 Harris County, Texas Anthony Damian Seaback 4014 Heathersage Drive Houston, Texas 77084 Harris County, Texas GRANTEE: BRAZOS COUNTY, TEXAS Grantee's Mailing Address: 300 East 26th Street Bryan, Texas 77803 Consideration: Ten and No/100 dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. Property (including any improvements): All that certain lot, tract or parcel of land being 0.09 of one acre of land situated in the THOMAS M. SPLANE SURVEY, Abstract No. 53, Brazos County; Texas and being apart of that certain called 287.18 acre tract as described in deed from T'lieresa Holland, et al to Theresa Holland , et al of record in Volume 11809, Page 201; of the Official Records of Brazos County, Texas, said 0.09 of one acre tract being more particularly described by metes and bounds description as shown in Exhibit "A and B" attached hereto and made a part hereof for all purposes. Reservations from and Exceptions to Conveyance and Warranty: There is hereby EXCEPTED and RESERVED from this conveyance, and retained in favor of the Grantor, their heirs, executors, administrators, successors and assigns, in perpetuity, all of the oil, gas, liquid hydrocarbons, residue gas, the products and by-_ products of the foregoing, sulphur, coal, lignite, uranium, and all other miherals:in, on or under the hereinabove described property; provided, however, Grantor; their heirs, personal representatives, executors, successors and assigns shall have no right of ingress and egress at any times for the purpose of mining, drilling, exploring, operating and developing said lands for oil, gas, and other minerals or for storing, removing, transporting, processing or marketing the same there from. This reservation and exception shall, however, include the right of Grantor, its successors and assigns, to grant leases on the property to develop same by directional drilling, pooling, unitization, or subsurface gasification, or liquefaction processes. Notwithstanding anything herein to the contrary, the Grantee shall have the right to use, without additional compensation, any stone, earth, gravel, caliche, iron ore or any other road building material upon, in or under the property for the construction and maintenance of road or roads thereon, such materials, for the purposes of this conveyance, being herein defined as not constituting "other minerals." - This conveyance is made and accepted subject to any and all conditions, restrictions, if any, relating to the hereinabove described property, to the extent, and only to the extent, that the same may still be in force and effect, shown of record_ in the office of the County Clerk of Brazos County, Texas. Grantor, for the consideration and subject to the reservations from and exceptions to conveyance and warranty, grants, sells and conveys to Grantee the property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to Grantee, Grantee's successors or assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators, and successors to warrant and forever defend all and singular the property to Grantee and Grantee's successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through, or under Grantor, but not otherwise, except as to the reservations from and exceptions to conveyance and warranty. When the context requires, singular nouns and pronouns include the plural. Executed by multiple counterparts on the dates indicated below. Ann Duke Patricia Hanshaw Anthony Damian Seaback Date Date Date Date 1 N TATE of My Comm. E; �,ra je Notary Public, State of Texas . ,,:y Acknowledgment STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on by Ann Duke. Notary Public, State ofTexas Vol. �z3 % Pg. 1_ Acknowledgment ROBERTCPRUITT OF TEXAS § Swo"al- Notary �ublleSTATE STATF'.Aa COUNTY OF6Ql(0.� § Ny comm. Esp.7EIzeGO.3 , Thisinstrument was acknowledged before i e on �3 by Theresa Holland �,.✓`•'� ROBERT 1 1 N TATE of My Comm. E; �,ra je Notary Public, State of Texas . ,,:y Acknowledgment STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on by Ann Duke. Notary Public, State ofTexas Vol. �z3 % Pg. 1_ When the context requires, singular nouns and pronouns include the plural. Executed by multiple counterparts on the dates indicated below. Theresa Holland Date Ann ukD kee Date Patricia Hanshaw Date Anthony Damian Seaback Date Acknowledgment STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on by Theresa Holland Notary Public, Stateof Texas Acknowledgment STATE OF T9XA8- § COUNTY OF Y1 § This instrument was acknowledged before me on d ff by"Ann Duke: 4,,w. i BLANCA ORTIZ My Commisslon Expires January 21, 2018 -oo Notary Public, State Lf&xas Vol. _ Pg. �7 When the context requires, singular nouns and pronouns include the plural. Executed by multiple counterparts on the dates indicated below. Theresa Holland Date Ann Duke 14z4 LZ/ Aciaansha Anthony Damian Seaback Date Data' T fs Date Acknowledgment STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on by Theresa Holland Notary Public, Stateof Texas Acknowledgment STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on by Ann Duke._ Notary Public,.State ofTexas 1 .7 , 4l.0 Acknowledgment STATE OF TEXAS. § COUNTY OF This instrument was acknowledged before me on ,yyU2mkxQ 0221 °Za/Sby Patricia Hanshaw. j LYUDMYLA P. PATALW f MY COMMISSION EXPIRES .Y September 2, 2018 Nblary Public, tate ofTexas Acknowledgment STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on by Anthony Damian Seaback. Notary Public, State ofi'exas Vola% Pg.S' t When the context requires, singular nouns and pronouns include the plural. Executed by multiple counterparts on the dates indicated below. Theresa Holland Date Ann Duke Date Patricia Han Date I , AnthoidbAdiian Seaback Date Acknowledgment STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on by Theresa Holland Notary Public, Stateof Texas Acknowledgment STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on by Ann Duke. Notary Public, State offexas' r Acknowledgment STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on by Patricia Hanshaw. Notary Public, State ofI'exas Acknowledgment STATE OF TEXAS § COUNTY OF ��C.rn5 § This instrument was acknowledged before me on �Cl n UQ S�o t by Anthony Damian Seaback wu.,••'/' LWT '�"' / '�/ACJ=A=/� rw.• ^ca. BONITA ANNETTE BYRNE +"L`iIS Notary Public, State of Texas my commission Expires ';;�?��;;•'� September 11, 2019 Notary Public, State ofTexas - >` FIELD NOTES BRAZOS COUNTY MERKA ROAD R.O.W. IMPROVEMENTS TRACT NO. 3 0.09 OF ONE ACRE OUT OF THE THERESA HOLLAND ET AL CALLED 287.18 ACRE TRACT VOLUME 11809, PAGE 201 THOMAS M. SPLANE SURVEY, A-53 BRAZOS COUNTY, TEXAS AUGUST 22, 2014 REVISED: JULY 22, 2015 All that certain lot, tract or parcel of land being 0.09 of one acre situated in the THOMAS M SPLANE SURVEY, Abstract No. 53, Brazos County, Texas, and being a part of that certain Called 287.18 acre tract as described in deed from Theresa Holland et al to Theresa Holland et alof record in Volume 11809, Page 201, Official Records of Brazos County, Texas, said 0 09 of one acre tract being more particularly described by metes and bounds as follows: BEGINNING at a 5/8" Iron Rod found for the most easterly corner, said corner being an east corner of said Called 287.18 acre tract, said corner also being the most northerly comer of the Gregory C. Wilson Called 5.00 acre tract as described in Volume 11681, Page 240, said corner being located in the Occupied southwest line of Merka Road; THENCE S 410 29' 27" W, along the southeast line of said Called 287 18 acre tract and the northwesterly line of said Called 5.00 acre tract a distance of 6 20 feet to Y" Iron Rod with Cap set for the most southerly corner, a 5/8" Iron Rod with Cap found for an interior corner of said Called 287.18 acre tract bears S 41 ° 29 '27 " W a distance of 1031.09 feet; THENCE N 490 15' 27" W along the Proposed southwest right-of-way line of said Merka Road a. -- distance of 403 17 feet to a '/" Iron Rod with Cap set for the most westerly corner, said corner being located in the northwest line of said Called 287.18 acre tract, said corner also being located in the southeasterly line of the Everett Martin, Jr. Called 235.00 acre tract as described in Volume 5458, Page 203, a 5/8" Iron Rod found for a west corner of said Called 287.18 acre tract bears S 40 ° 59' 48 " W a distance of 2293.69 feet; THENCE N 40° 59' 48" E along the northwest line of said Called 287 18 acre tract a distance of 13 06 feet to a Fence Corner Post found for the most northerly corner, said point being the Occupied most northerly corner of said Called 267.18 acre tract and also being an easterly corner of said Called 235.00 acre tract, said point being located in the Occupied southwest line of said Merka Road; THENCE S 480 16'56" E along the northeast line of said Called 287.18 acre tract and the Occupied southwesterly line of said Merka Road a distance of 403.25 feet to the PLACE OF BEGINNING CONTAINING AN AREA OF 0.09 OF ONE ACRE OF LAND MORE OR LESS, according to a survey performed on the ground during th month of July, 2014 under the supervision of H. Curtis Strong, Registered Professional d Surveyor No. 4961 and working under Firm No 10093500. North Orientation is I sting the northeast.line to grid north,NAD83(2011)epoch 2010.00 Texas State PI fral as derived by GPS observations For other information see accompanying pl . ar q + 41/01 E55�0'•iC I 1/JI: i 2 E 2249F2,>-O j\®§\//3/})§� e/27$73\/a/\} . �§|/\(\\m)°§� I RIGHT-OF-WAY ACQUISITION AGREEMENT Road: Merka Project: R2-173 W.O. No.: 33210 Precinct: 2 I (we) the undersigned owner(s), accept payment of $2,985.00 as compensation and full settlement for granting of a Special Warranty Deed in, along, upon and across 0.09 acre of property located on the above mentioned project. Each individual owner listed below will receive $746.25. eresa Holland Ann Duke Date: II 411 /1 Patricia Hanshaw Date: Date: Anthony Damian Seaback Date: RIGHT-OF-WAY ACQUISITION AGREEMENT Road: Merka Project: R2-173 W.O. No.: 33210 Precinct: 2 I (we) the undersigned owner(s), accept payment of $2,985.00 as compensation and full settlement for granting of a Special Warranty Deed in, along, upon and across 0.09 acre of property located on the above mentioned project. Each individual owner listed below will receive $746.25. a"Au—x' . Theresa Holland Ann Duke / Date: Date: Patricia Hanshaw Anthony Damian Seaback Date: Date: RIGHT-OF-WAY ACQUISITION AGREEMENT Road: Merka Project: R2-173 W.O. No.: 33210 Precinct: 2 I (we) the undersigned owner(s), accept payment of $2,985.00 as compensation and full settlement for granting of a Special Warranty Deed in, along, upon and across 0.09 acre of property located on the above mentioned project. Each individual owner listed below will receive $746.25. Theresa Holland Date: 9"J"'o r/ -� k; -ell Patricia Hanshaw / Date: 5 Ann Duke Date: Anthony Damian Seaback Date: RIGHT-OF-WAY ACQUISITION AGREEMENT Road: Merka Project: R2-173 W.O. No.: 33210 Precinct: 2 I (we) the undersigned owner(s), accept payment of $2,985.00 as compensation and full settlement for granting of a Special Warranty Deed in, along, upon and across 0.09 acre of property located on the above mentioned project. Each individual owner listed below will receive $746.25. Theresa Holland Ann Duke Date: Date: Patricia Hanshaw Date: Date: / , 0 S— ` / j •vol o�J�/- p9• `� 7 -- FENCE BUILDING OPTION AND/OR RESPONSIBILITY ACCEPTANCE .Road: Merka Project: R2-173 W.O. No.: 33210 Precinct: 2 I (we) the undersigned owner(s), desire to have BRAZOS COUNTY construct the fence for the above mentioned project. It is also understood that upon completion and agreed acceptance of said fence, ANY and ALL maintenance. becomes PROPERTY OWNER(S) RESPONSIBILITY. I (we) the undersigned owner(s), elect to construct the new fence for the above mentioned project. In consideration, I (we) wish to receive payment of $887.00 for approximately 403.17' of fence. It is also understood that this payment relieves BRAZOS COUNTY from ANY and ALL responsibility in regards to fencing. Date: /L A —1,5- Patricia 1✓ Patricia Hanshaw Date: 0 Ann Duke Date: Anthony Damian Seaback Date: Road: Merka Project: R2-173 W.O. No.: 33210 Precinct: 2 FENCE BUILDING OPTION AND/OR RESPONSIBILITY ACCEPTANCE I (we) the undersigned owner(s), desire to have BRAZOS COUNTY construct the fence for the above mentioned project. It is also understood that upon completion and agreed acceptance of said fence, ANY and ALL maintenance becomes PROPERTY OWNER(S) RESPONSIBILITY. I (we) the undersigned owner(s), elect to construct the new fence for the above mentioned project. In consideration, I (we) wish to receive payment of $887.00 for approximately 403.17' of fence. It is also understood that this payment relieves BRAZOS COUNTY from ANY and ALL responsibility in regards to fencing. Theresa Holland Date: Patricia Hanshaw Date: Ann Duke Date: /VUO Anthony Damian Seaback Date: 7g. Sly The State of Texas, County of BRAZOS We, the undersigned, as County Commissioners within and for Brazos County, and the Honorable Duane Peters, County Judge of Brazos County, constituting the entire Commissioners' Court of Brazos County, during a regular meeting of said Court have examined the foregoing report and have caused an order to be entered upon the Minutes of the Commissioners' Court of Brazos County approving said Report as presented and submitted as true and correct by Laura Taylor Davis, Treasurer of Brazos County, as provided for in the Reviscd Statutes of the State of Texas. (Texas Local Government 1 Code, 114.026) Witness my hand this W, day of A.D. 2016 eta, lwc Qt 4 Ar_N_ a_ Karen McQueen County Clerk, County of B�RAZOS, State of Texas Examined and approved in open Commissioners' Court this I /i}+h day of lluane Peters, uounty Juage Commissioner Precinct #1 Commissioner Precinct #2 UK Treasurer's Report for the MONTH NOVEMBER 2015 21 Vol. v ,J p9 -�0-� N m rOr 2 � m `an rd'N m n N q a o ti a'm" 14 8 ,a e o 6 O u I1 K 2 n F r a YI rw u�2 2 " M $�rP.P.NooRoGm��'^SPFQJmm�FhS� 8=m�£$'$p:` 1 �FS�$Na6�P��PONrp NN .. $N�m SrmoP .N m`mIo x ry a a� woa=aao� o= 8 e N ul o wo =os�ga3 tat �8s5oul u 8 9z rai�39a'PJ BOGY'BG���o>8Yamas�w�<=s`�'.' r 8mmr P�mP000.. ^g PCP Vol. v ,J p9 -�0-� �3 BRAZOSCOUNTY,TEXAS BUDGET AMENDINIENT(S) FOR THE 2015-2016 BUDGE'C YEAR NO. 15/16 17.1-17.5 On this the 19th day of January 2016 ata regular meeting of the Commissioners' Court, the following members were present: A. Duane Peters, County Judge, Presiding B. Lloyd Wassermann, Commissioner, Precinct I C. Sammy Catalena, Commissioner, Precinct 2 D. Kenny Mallard, Commissioner, Precinct 3 E. Irma Cauley, Commissioner, Precinct 4 F. Karen McQueen, County Clerk The following proceedings were held: THAT NVFIEREAS, on 19th clay of January 2016 the Court heard and approved a budget amendment for the 2014-2015 budget year for Brazos County, Texas; and WHEREAS, expenditure is necessary clue to the necessity to meet unusual and unforeseen conditions which could not be reasonably included in the original budget adopted 8 September 2015, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOP"PED AND APPROVED this the 19th day of January 2016. THE COAIlHSSIONERS COURT OF BI2AZOS COUNTY,TEXAS. B y: Duane Peters, County Judge Original: County Clerk's Office and Attached to the original budget Evo BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 15116 • 17.1 1/19/2016 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 11001500 61130000 CR Conti gencv 25,000.00 0100 1110000065950000 DR Vehicle Maintenance 25.000.00 General Fund Contingency and Fleet illaintenance Service Reallocation of funds to cover Cor vehicle maintenance cost for FY 16. pg. - �.✓r'� BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 15116 - 17.2 1/19/2016 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 4500 63000500 30590000 CR Vehicles 595.00 4500 63000500 SOS92820 DR Vehicles - Jail 595.00 General Ca ihil Im rocement - Jail Reallocation of finds to cover window tint and uninstall/install of equipment for patrol unit. pg.__�_ �� BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 15116 - 17.3 1/19/2016 FUND DIV I ACCT PROJ IDPJCRI ACCOUNT NAME Increase Decrease 4500 6T0005007 80590000 CR Vehicles 938.71 4500 63000500 SOS92800 DR Vehicles - SO 938.71 I I I General Ca itallimprovement-SO Reallocation of funds to cover for e ui ment for patrol units. I I I I BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 15116 - 17.4 1/19/2016 FUND DIV ACCT PROD TbA)CRI ACCOUNT NAME Increase Decrease 4500 63000500 SOS93040I CR Vehicles -Constable Pct. 4 I 393.56 4500 63000500 60503040 DR Vehicle Equipment - Constable Pct. 4 39S.36 I I General Capital Improvement - Constable Pct. N4 Reallocation of fun s to cover forequipment for iatrol units. vol. 3/ Pg. 6 Fund Reallocation of funds to cover for contract services. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 15116 - 17.5 Decrease Vol. _02� / P9• --� % PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: January 19, 2016 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 Constable PCT. 3 Jones, Kimberley Cell Phone Allowance Courthouse Security Spredlin, Michael Retirement District Attorney Wright, Darcie New Hire Juvenile Services Hendricks, LaTonya Promotion Thomas, Neshae Step Increase Juvenile Services — Title IV -E Autrey, Margaret Step Increase Sheriff's Office — Detention Blasienz, Andrew Position Change Day, Michael Promotion Jochec, Lynnette Separation Santana, Guadalupe Transfer w/in Dept. Sheriff's Office — Medical Holt, Robin Termination Approved in Commissioners' County Judge's or Commissic (This Copy to be attached to minutes) Vol.. __--- J a� Brazos County Constable Precinct 2 Racial Profiling Report 2015 Number of Motor Vehicle Stops 1. 1715 Citation Only 2. 47 Arrest Only 3. 58 Both 4. 1520 (lines 4, 11, 14 and 17 must equal) Race or Ethnicity 5. 265 African 6. 25 Asian 7. 1207 Caucasian 8. 317 Hispanic 9. 3 Middle Eastern 10 3 Native American 11. 1820 (lines 4, 11, 14 and 17 must equal) Race or Ethnicity Known Prior to Stop 12. 42 Yes 13. 1778 No 14. 1820 (lines 4, 11, 14 and 17 must equal) Search Conducted? 15. 216 Yes 16. 1610 No 17. 1820 (lines 4, 11, 14 and 17 must equal) Was Search Consented? 18. 108 Yes 19. 102 No 20 210 (must equal line 15) County Judge "am TIER 1 - PARTIAL EXEMPTION RACIAL PROFILING REPORT Agency Name: Reporting Date: TCOLE Agency Number: Chief Administrator: Agency Contact Information: BRAZOS CO. CONST. PCT. 4 01/12/2016 041104 ISAAC BUTLER JR Phone:9793614266 Email: ibutLerQbrazoscoimt%T&.a Mailing Address: BRAZOS CO. CONST. PCT. 4 300 E. 26th Street, Suite 470 Bryan, TX 77803 X21 �vunry .tuoge This Agency claims partial racial profiling report exemption because: Our vehicles that conduct motor vehicle stops are equipped with video and audio equipment and we maintain videos for 90 days. Certification to This Report 2.132 (Tier 1) — Partial Exemption Article 2.132(6) CCP Law Enforcement Policy on Racial Profiling BRAZOS CO. CONST. PCT. 4 has adopted a detailed written policy on racial profiling. Our policy: (1) clearly defines acts constituting racial profiling: (2) strictly prohibits peace officers employed by the BRAZOS CO. CONST. PCT. 4 from engaging in racial profiling; (3) implements a process by which an individual may file a complaint with the BRAZOS CO. CONST. PCT. 4 if the individual believes that a peace officer employed by the BRAZOS CO. CONST. PCT. 4 has engaged in racial profiling with respect to the individual; (4) provides public education relating to the agency's complaint process; (5) requires appropriate corrective action to be taken against a peace officer employed by the BRAZOS CO. CONST. PCT. 4 who, after an investigation, is shown to have engaged in racial profiling in violation of the BRAZOS CO. CONST. PCT. 4's policy adopted under this article; (6) require collection of information relating to motor vehicle stops in which a citation is issued and to arrests made as a result of those stops, including information relating to: (A) the race or ethnicity of the individual detained: (B) whether a search was conducted and, if so, whether the individual detained consented to the search; and Page I of 3 pages submitted electronically to the The Texas Commission on Law Enforcement (C) whether the peace officer knew the race or ethnicity of the individual detained before detaining that individual; and (7) require the chief administrator of the agency, regardless of whether the administrator is elected, employed, or appointed, to submit an annual report of the information collected under Subdivision (6) to: (A) the Commission on Law Enforcement; and (B) the governing body of each county or municipality served by the agency, if the agency is an agency of a county, municipality, or other political subdivision of the state. I certify these policies are in effect. Executed by: ISAAC BUTLER IR Chief Administrator BRAZOS CO. CONST. PCT. 4 Date: 01/12/2016 Page 2 of 3 pages submitted electronically to the The Texas Commission on Law Enforcement Vol., _� � � _. Pg,� -7 BRAZOS CO. CONST. PCT. 4111otor Vehicle Racial Profiling Information Number of motor vehicle stops: 1. 306 citation only 2. 0 arrest only 3. 9 both Race or Ethnicity: 5 34 African 6. 7 Asian 7. 208 Caucasian 8. 62 Hispanic 9. 0 Middle Eastern 10. 4 Native American 4. 315 Total (4, 11, 14 and 17 must be equal) 11.315 Total (lines 4, 11, 14 and 17 must be equal) Race or Ethnicity known prior to stop? 12. 0 Yes 13. 315 No Search conducted? 15. 0 Yes 16. 315 No Was search. consented? 18.0 Yes 19.0 No 14. 315 Total (lines 4, 112 14 and 17 must be equal) 17. 315 Total (lines 4. 11, 14 and 17 must be equal) 20. 0 Total (must equal line 15) Page 3 of 3 pages submitted electronically to the The Texas Commission on Law Enforcement F/0