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HomeMy WebLinkAbout2016-07-12 10:00AM REGULAR MEETINGBRAZOS COUNTY BRYAN,TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON JULY 12, 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 Commissioner Cauley 2. Call for Citizen input and/or concems Consider and take action on agenda items 3-21: 3 4 5. 6. 7. 8. 9. Resolution 16-012 honoring Johnny Campbell and Thomas Coleman. Approval of bonds to be issued by Colorado Health Facilities Authority to finance / refinance St. Joseph Regional Health Center projects located in Brazos County, solely for purposes of Section 147(f) of the Internal Revenue Code and for which Brazos County will have no liability. Request for out of state travel for Marc Hamlin to attend the NACo Conference in California. Dates of travel are July 21, 2016 through July 26, 2016. Request for out of state travel for Sgt. Jones, Sgt. Matott, and Ken Hayes to gain information from Oklahoma County Jail on the use of Inmate Computer Tablets. Dates of travel are July 12 - 13, 2016. Request from Emergency Management to donate grant funded equipment to the 4 Brazos County Fire Departments and the Brazos Valley Regional Advisory Council. Acceptance of the Texas Department of Public Safety Division of Emergency Management (TDEM) Emergency Management Performance Grant (EMPG) award for Fiscal Year 2016. The period of grant is 10/112015 to 3/31/2017. The Purchasing Department requests approval for an increase in the Diner's Club credit card limit from $1,000 to $3,000 for the card that is under the name of Jarvis 77 E01. ---_--.-- __ J Parsons. This increase would help the DistrictAttomey's Office book flights and hotel reservations for multiple witnesses if needed, 10. Texas Association of Counties - Liability Renewal Questionnaire for Coverage period - October 1, 2016 through October 1, 2017. 11. Approve of the following contracts with Lexis Nexis for the County Attorneys Office. • a. Contract # 2016-184, account # 113CTB for the Attorneys • b. Contract # 17-013, account # 144KMR for the Investigators 12. Approval of Contract # 2016-184, account # 113CBZ with Lexis Nexis for the Judges of Brazos County. 13. Approval of contract in the amount of $68,060, with Mitchell & Morgan for the design of four bridges for the Road and Bridge Department. 14. Permission to advertise Bid # 2016-194, Drake Drive Median Improvements. 15. Request permission to enter private property owned by Paul Cizmas located at 4312 Dilly Shaw Tap Road. Project will require the County to perform maintenance on an existing drainage channel. Work will include cleaning out channel, removing debris and underbrush and any dirt work needed to improve outflow. Site is located in Precinct 2. 16. Approval of Treasurer's Report for May 2016. 17. Tax Refund Applications for the following: • a. Jeffrey, Ashley & Jack Jarrett -overpayment -$50.43 • b. Jeffrey, Ashley & Jack Jarrett -overpayment -$50.00 • c. Bobbie Peterson -overpayment -$131.17 • d. Rhonda Toups-overpayment-$450.00 • e. Gloria Hawkins Trust -overpayment -$117.91 • f. Maxey Riggs -overpayment -$9.84 18. Commissioners Court minutes for the following dates: • a. June 1, 2016 - Emergency Meeting • b. June 7, 2016 - Regular Meeting • c. June 7, 2016 - Workshop Session • d. June 14, 2016 - Regular Meeting • e. June 21, 2016 - Regular Meeting • f. June 28, 2016 - Regular Meeting 19. Budget Amendments. Budget Amendments FY 15/16 41.1 -41.2 20. Personnel Change of Status. Personnel Action Forms 21. Payment of Claims. 22. Acknowledgement of monthly reports submitted in June 2016. 23. Sheriffs report on inmate population. 24. Announcement of interest items and possible future agenda topics. �pg. � 25. Call for Citizen input and/or concerns 26. Adjourn. vol. X1'7 �Pg-/ 7� - 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 Win proper respect and decorum in speaking to, andlor addressing the Court; in participating in public discussions before the Court; and in all actions in the presence of the Court. Those members of the public who are inappropriately attired and/or who do not conduct themselves in an orderly and appropriate manner will be ordered to leave the meeting. Refusal to abide by the Court's Order and/or continued disruption of the meeting may result In a Contempt of Court Citation. It is not the Intention of the Brazos County Commissioners Court to provide a public forum for the demeaning of any individual or group. Neither is it the intention of the Court to allow a member (or members) of the public to insult the honesty and/or integrity of the Court, as a body, or any member or members of the Court, or County employees, individually or collectively. Accordingly, profane, insulting or threatening language directed toward the Court and/or any person in the Court's presence and/or racial, ethnic or gender slurs or epithets will not be tolerated. Violation of these rules may result In the following sanctions: 1, cancellation of a speaker's time; 2. removal from the Commissioners Court; 3. a Contempt Citation; and/or 4. such other and/or criminal sanctions as may be authorized under the Constitution. Statutes and Codes of the State of Texas. The County Commissioners Court can deliberate or take action only if a matter has been listed on an agenda properly posted prior to the meeting. During the public comment period, speakers may address matters not listed on the published agenda. The Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court. However, responses from the County Judge or Commissioners to unlisted public comment topics could become deliberation on a matter wthout notice to the public. To ensure the public has notice of all matters the Commissioners Court will consider.. the County Judge and/or Commissioners may choose not to respond to public comments, except to correct factual inaccuracies, recite existing policy in response to an inquiry or to ask that a matter be listed on a future agenda. See Texas Open Meetings Act Section 551.042. INVOCATION Any invocation that may be offered before the official start of the Court meeting shall be to and for the benefit of the Court. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Court and do not necessarily represent the religious beliefs or views of the Court in part or as a whole. No member of the community is required to attend or participate in the invocation and such decision will have no impact on their right to actively participate in the business of the Court. The Commissioners Courtroom of the County Administration Building, 200 South Texas Ave., Suite 106, Bryan, TX 77803 is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two working days before the meeting. To make arrangements, please call (979) 361-4102. Vol.�� pg. ��D MINUTES JULY 12, 2016 BRAZOS COUNTY COMMISSIONERS COURT REGULAR MEETING A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Brazos County Commissioners Courtroom in the Administration Building, 200 South Texas Avenue, in Bryan, Brazos County, Texas, beginning at 10:00 a.m. on Tuesday, July 12, 2016 with the following members of the Court present: Duane Peters, County Judge, Presiding; Lloyd Wassermann, Commissioner of Precinct 1; Sammy Catalena, Commissioner of Precinct 2; Kenny Mallard, Commissioner of Precinct 3; Irma Cauley, Commissioner of Precinct 4; Karen McQueen, County Clerk. The attached sheets contain the names of the citizens and officials that were in attendance. Invocation and Pledge of Allegiance - U.S. and Texas Flag - Chaplain G.H. Jones and Commissioner Cauley Call for Citizen input and/or concerns Consider and take action on agenda items 3-21: Resolution 16-012 honoring Johnny Campbell and Thomas Coleman. The Court voted unanimously to adopt Resolution 16-012 honoring Johnny Campbell and Thomas Coleman for their vital role in the apprehension of three bank robbers in our community. Constable Jeff Reeves -and -Constable -J. -P.- ra also thanked the Vol.3% deputies for their commitment to Brazos County and its citizens. Judge Peters read aloud the resolution and presented it to Chief Deputy Campbell and Deputy Coleman. A copy of the resolution is attached. Motion: Approve, Moved by Commissioner Lloyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 4. Approval of bonds to be issued by Colorado Health Facilities Authority to finance / refinance St. Joseph Regional Health Center projects located in Brazos County, solely for purposes of Section 147(f) of the Internal Revenue Code and for which Brazos County will have no liability. A copy of the resolution approving the issuance of bonds and certificate of adoption is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 5. Request for out of state travel for Marc Hamlin to attend the NACo Conference in California. Dates of travel are July 21, 2016 through July 26, 2016. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Lloyd Wassermann. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 6. Request for out of state travel for Sgt. Jones, Sgt. Matott, and Ken Hayes to gain information from Oklahoma County Jail on the use of Inmate Computer Tablets. Dates of travel are July 12 - 13, 2016. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 7. Request from Emergency Management to donate grant funded equipment to the 4 Brazos County Fire Departments and the Brazos Valley Regional Advisory Council. A copy is attached. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. Acceptance of the Texas Department of Public Safety Division of Emergency Management (TDEM) Emergency Management Performance Grant (EMPG) award for EO �_37 P�• � ��� -- - Fiscal Year 2016. The period of grant is 10/1/2015 to 3/31/2017. A copy is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. The Purchasing Department requests approval for an increase in the Diner's Club credit card limit from $1,000 to $3,000 for the card that is under the name of Jarvis Parsons. This increase would help the District Attorney's Office book flights and hotel reservations for multiple witnesses if needed. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Kenny Mallard. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 10. Texas Association of Counties - Liability Renewal Questionnaire for Coverage period - October 1, 2016 through October 1, 2017. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 11. Approve of the following contracts with Lexis Nexis for the County Attorneys Office. • a. Contract # 2016-184, account # 113CTB for the Attorneys • b. Contract # 17-013, account # 144KMR for the Investigators A copy of the contract is attached. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 12. Approval of Contract # 2016-184, account # 113CBZ with Lexis Nexis for the Judges of Brazos County. A copy of the contract is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 13. Approval of contract in the amount of $68,060, with Mitchell & Morgan for the design of four bridges for the Road and Bridge Department. A copy of the contract is attached. _ Vol. —�% P9 /I3 1 Motion: Approve, Moved by Commissioner Lloyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 14. Permission to advertise Bid # 2016-194, Drake Drive Median Improvements. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 15. Request permission to enter private property owned by Paul Cizmas located at 4312 Dilly Shaw Tap Road. Project will require the County to perform maintenance on an existing drainage channel. Work will include cleaning out channel, removing debris and underbrush and any dirt work needed to improve outflow. Site is located in Precinct 2. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 16. Approval of Treasurer's Report for May 2016. The Court voted unanimously to receive, approve and order filed as submitted the Treasurer's report for May 2016. A copy is attached and made a part of these minutes. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy Catalena. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 17. Tax Refund Applications for the following: • a. Jeffrey, Ashley & Jack Jarrett -overpayment -$50.43 • b. Jeffrey, Ashley & Jack Jarrett -overpayment -$50.00 • c. Bobbie Peterson -overpayment -$131.17 • d. Rhonda Toups-overpayment-$450.00 • e. Gloria Hawkins Trust -overpayment -$117.91 • f. Maxey Riggs -overpayment -$9.84 Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Kenny Mallard. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 18. Commissioners Court minutes for the following dates: • a. June 1, 2016 -Emergency Meeting vol. 0Z3 % h'g. " • b. June 7, 2016 - Regular Meeting • c. June 7, 2016 - Workshop Session • d. June 14, 2016 - Regular Meeting • e. June 21, 2016 - Regular Meeting • f. June 28, 2016 - Regular Meeting Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner Sammy Catalena. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 19. Budget Amendments. Budget Amendments FY 15/16 41.1 -41.2 41.1 Transferfunds from General Capital Improvements to Information Technology Services. 41.2 Transfer funds from General Contingency Fund to Commissioners Court Administration. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Kenny Mallard. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 20. Personnel Change of Status. Personnel Action Forms A copy of the Personnel Change of Status requests is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy Catalena. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 21. Payment of Claims. Claims 7146128-7146338 Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy Catalena. Other. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 22. Acknowledgement of monthly reports submitted in June 2016. The Court acknowledged receipt of the Extension Service reports submitted in June 2016 and acknowledged receipt of reports from the following County and Precinct Offices showing revenues collected and remitted to the County Treasurer: County Clerk District Clerk 23. Sheriff's report on inmate population. Sheriff Chris Kirk stated there were 642 inmates in jail, 55 have electronic monitors and 20 are pending for monitors. 24. Announcement of interest items and possible future agenda topics. There were no announcements. 25. Call for Citizen input and/or concerns There was no citizen's input. 26. Adjourn. Vol. j% pg.-/ The foregoing minutes of the Commissioners Court meeting held July 12, 2016 have ly/, been examined and are approved in open Court this V1' , day of 2016, in Bryan, Brazos County, Texas. Duane Peters Lloyd"Wassermann County Judge , Precinct 2 Irma Cauley �� Commissioner, Precinct Attest: �J ) Karen McQueen County Clerk Commissioner, Precinct Kenny Malla Commissioner, Precinct 3 ! 'Vp� 1, 0:.�1pg._4 e,�7 Up f BRAZOS COUNTY COMMISSIONER'S COURT DAY OF 10/1 /Ds'Ob Name Organization (PLnSE PxD:r) z 1�vi.tQC Fi \//1 i� *I -1)v, l v C 7 roe- PC Vol. %-P 9 BRAZOS COUNTY CMMISSIONEW S CURT Name PR,T) e!� � - 1 ,Sir cr AsR /e a uewe l N*V4 DMA�04 L" Organization (PLEASE PRINT) �( JU L G C Ot C/7Y prLc)i.G+6e J7n>ioc U w\wn . C" -r— C6,s� 2- Z.-)`7 pg /Ay A Resolution Honoring Johnny Campbell Thomas Coleman WHEREAS, Johnny Campbell and Thomas Coleman, serving in their capacity of deputy Constable's of Brazos County; and monitoring their police radio responded to an agency assist call. WHEREAS, On June 16, 2016, Commerce Bank located on University Drive East, in College Station, Texas was being robbed at gun point. The said suspects left the bank with an undetermined amount of money in a black hatchback style vehicle. This vehicle would be located within a few minutes of the call by Chief Deputy Johnny Campbell. Campbell advised of a second vehicle possibly involved, thus Deputy Coleman went to assist. Within 30 minutes of the crime both suspect vehicles had been located, and subsequently both suspects were taken into custody. NOW THEREFORE, BE IT RESOLVED that the Commissioner's Court of Brazos County takes this opportunity to honor Chief Deputy Johnny Campbell and Deputy Thomas Coleman for their willingness, quick thinking and response that led to the arrest of three subjects that had committed a bank robbery in our community. We would like to thank them both for their commitment to Brazos County and its citizens. DULY adopted by vote of the Commissioners Court of Brazos County, Texas on the day of 2 Duane Peters County Judge Com issioner Lloyd Wassermann Ammiss r Sammy_Fqtalena Precinct I recinct Commissioner Ke Mallard ommission ule Precinct 3 Precinct 4 16-012 vol. �37 P9_/90 CERTIFICATE OF ADOPTION I, the undersigned County Clerk of Brazos County, Texas (the "County"), hereby certify as follows: 1. The Commissioners Court (the "Court") of the County convened in regular session in Bryan, Texas, on July 12, 2016 (the "Meeting"), at the designated meeting place, and the roll was called of the duly constituted members of the Court, to -wit: Duane Peters County Judge Lloyd Wassermann Commissioner, Precinct 1 Sammy Catalena Commissioner, Precinct 2 Kenny Mallard Commissioner, Precinct 3 Irma Cauley Commissioner, Precinct 4 All of such persons were present, except the following absentees thus constituting a quorum. Whereupon a written: RESOLUTION APPROVING THE ISSUANCE OF BONDS TO FINANCE AND REFINANCE CERTAIN PROJECTS FOR ST. JOSEPH REGIONAL HEALTH CENTER (the "Resolution") was duly moved and seconded and, after due discussion, said motion, carrying with it the adoption of the Resolution, prevailed and carried by the following votes: AYES: 5 NOES: Q 2. A true, full, and correct copy of the Resolution is attached to and follows this Certificate; the Resolution has been duly recorded in the minutes of the Meeting; the above and foregoing paragraph is a true, full, and correct excerpt from the minutes of the Meeting pertaining to the adoption of the Resolution; the persons named in the above and foregoing paragraph are the duly elected, qualified, and acting members of the Court; each of such members was duly and sufficiently notified officially and personally, in advance, of the time, place, and purpose of the Meeting, and that the Resolution would be introduced and considered for adoption at the Meeting, and each of such members consented, in advance, to the holding of the Meeting for such purpose; and the Meeting was open to the public, and public notice of the time, place, and purpose of the Meeting was given, all as required by Chapter 551, Texas Government Code, as amended. SIGNED AND SEALED this July 12, 2016. Karen McQueen $KA I1 County Clerk, Brazos County ca IV 0:1 ____ 53369560.1 RESOLUTION APPROVING THE ISSUANCE OF BONDS TO FINANCE AND REFINANCE CERTAIN PROJECTS FOR ST. JOSEPH REGIONAL HEALTH CENTER WHEREAS, pursuant to section 147(f) of the Internal Revenue Code of 1986, as amended (hereinafter referred to as the "Code"), after reasonable public notice (a copy of which is attached hereto as Exhibit A), a public hearing was conducted on the issuance of limited obligation revenue bonds by the Colorado Health Facilities Authority (hereinafter referred to as the `Bonds"), the interest on which is intended to be excluded from gross income for federal income tax purposes, to finance and/or refinance Projects located in Brazos County, Texas, such Projects being further defined in such notice, all of which are owned, occupied, operated, managed, or otherwise used by St. Joseph Regional Health Center, a Texas non-profit corporation, or one or more affiliates as described in such notice; WHEREAS, the Projects and issuance of the Bonds to finance and/or refinance such Projects will benefit the residents of this County; and WHEREAS, the approval of the Bonds and the Projects by this Court is a condition to the exclusion of interest on the Bonds from the gross income of the owners thereof for federal income tax purposes and, consequently, to the financing and/or refinancing of the Projects at the favorable interest rates that are currently borne by tax-exempt obligations; BE IT, THEREFORE, RESOLVED BY THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS, THAT: SECTION 1. The issuance of a portion of the Bonds, in the maximum aggregate principal amount of $70,000,000, to finance and/or refinance the Projects, as well as appointment of Paul Martin, Esq., of Winstead PC to hold the above-described public hearing, are hereby approved pursuant to section 147(f) of the Code. SECTION 2. The approval herein granted is solely for purposes of section 147(f) of the Code and shall not be construed as a representation, warranty, or other undertaking of any kind by the County in respect of the Bonds or the Projects. The Bonds shall not constitute obligations of the State of Texas, this County, or any other political subdivision or agency thereof or a pledge of the faith and credit of any of them. Neither the State of Texas nor any political subdivision or agency thereof, including this County, shall be obligated to pay the Bonds or the interest thereon. Neither the faith and credit nor the taxing power of the State of Texas, the County, or any other political subdivision or agency thereof shall be pledged to the payment of principal of, redemption premium, if any, or interest on the Bonds. SECTION 3. The County Judge, the County Commissioners, and the County Clerk and other officers of this County, or any of them, are hereby authorized to execute and deliver such endorsements, certificates, instruments, documents, or other papers and to do all other things necessary or advisable to give effect to the intent and purpose hereof. [Signature Page Follows] vol. oZ37 „ 60438249.3 P9.II( PASSED AND APPROVED this July ATTEST: Karen McQueen, County Clerk and Ex -Officio Clerk of the Commissioners Court 60438249.3 12, 016. Duane Peters, County Judge LVOL-0?2/ pq._/ 93 Exhibit A Notice of Public Hearing See Attached 60438249.3 CERTIFICATE OF PUBLIC HEARING I,. the undersigned, hereby certify in connection .with the proposed issuance by the Colorado Health Facilities Authority.(the "Issuer") of its limited obligation revenue bonds for the benefit of Catholic Health Initiatives, and affiliates, in the aggregate principal amount not to exceed $70,000,000 (the "COHFA Bonds"), as follows: 1. Commencing at 9:00 a.m. on July 12, 2016 in the Conference Room on the Third Floor at the Brazos :County Administration Building, 200 S Texas Ave, Bryan, Texas, which office was open to the public for purposes of the hearing, I conducted a public hearing on the COHFA Bonds, the proceeds of which are to be used.to finance and/or refinance the facilities described: in such notice of public hearing published in The Bryan -College Station Eagle on June 23, 2016, all of which are owned, operated or managed by CHI or affiliates and are located as described in the notice. 2. At the time for the commencement of the hearing, I publicly requested comments, either orally or in writing, on the facilities to be refinanced with proceeds of the COHFA Bonds and on the COHFA Bonds. . 3. At the hearing, no persons presented comments orally or in writing. IN WITNESS WHEREOF, T have hereunto set my hand this July 12, 2016 M. Paul Nfirtin, Esq., Winstead PC. 33389661.2 ��C�. oC ✓ / pCl,/��: - _ NOTICE OF PUBLIC HEARING A public hearing will be held on July 12, 2016 at 9:00 a.m, in the Conference Room on the Third Floor at the Brazos County Administration Building, 200 S Texas Ave, Suite 310, Bryan, Texas regarding the proposed issuance by the Colorado Health Facilities Authority ("COHFA") of tax-exempt bonds (the "COI -IFA Bonds"), the proceeds of which will be loaned to Catholic Health Initiatives, a Colorado nonprofit corporation ("CHI"). A portion of the proceeds of the Bonds in an amount not exceeding $70,000,000 will be used in Brazos County (the "County") (i) to refund all or a portion of certain outstanding commercial paper allocated to previously issued commercial paper (the "Refunded CP"), which refunded all of the then -outstanding Brazos County Health Facilities Development Corporation (`BCHFDC") Franciscan Services Corporation Obligated Group Revenue Bonds, Series 2008 (the "2008 Bonds") issued for the benefit of St. Joseph Regional Health Center ("SJRHC") and (ii) to finance or refinance the payment of the costs of the 2016 County Projects described below. The "2016 County Projects" consist of the costs of acquisition, construction, renovation, remodeling and equipping at the healthcare facilities located at the addresses below and owned and operated by the entities listed below, including, without limitation, a new approximately 24,500 square foot emergency and trauma center and other routine capital expenditures. The proceeds of the 2008 Bonds were used to, among other things, (i) finance a project (including capitalized interest) consisting primarily of the development of an outpatient and emergency care center known as the South College Station Project, the completion of the patient tower at the Bryan campus and routine capital expenditures, and (ii) currently refund a portion of the BCHFDC's Franciscan Services Corporation Obligated Group Revenue Refunding Bonds, Series 2007A (the "2007 Bonds"). The proceeds of the 2007A Bonds were used to, among other things, current refund a portion of the BCHFDC's Franciscan Services Corporation Obligated Group Revenue Bonds, Series 1997 (St. Joseph Regional Health Center) (the "1997 Bonds"). The proceeds of the 1997 Bonds were used to, among other things, finance a project consisting of (i) the costs of acquiring, constructing, equipping and improving additional hospital facilities to be owned and used by SJRHC, including, but not limited to, construction and furnishing of an inpatient rehabilitation, skilled nursing and outpatient rehabilitation facility and (ii) certain costs of construction of and acquiring equipment and furnishings for St. Joseph Manor ("SJM"). The 2016 County Projects and the projects financed or refinanced by the proceeds of the Refunded CP, the 2008 Bonds, the 2007 Bonds and/or the 1997 Bonds (collectively, the "Projects") are owned and/or operated by CHI, St. Joseph Services Corporation, SJRHC, SJM, St. Joseph Physician Associates and/or their subsidiaries or affiliates and are located at one or more of the following addresses: In Bryan: 2801 Franciscan Dr; 2333 Manor Dr and 2345 Manor Dr; 2210, 2670, 2700, 2702, 2801, 2901, 3030 E. 29" St; 2010, 2215 E. Villa Maria Dr; 509/511 Sulphur Springs Rd; 2601, 2703, 2715, 2717, 2719 Osler Blvd; 2722, 2724 Koch St; 1560 Joseph Dr; 1600 St. Joseph 53224679.4 Eal ��-:7I'g. 1�to Dr; 1325 Memorial Dr; 1530 E. Wm. Joel Bryan Pkwy; 1351, 2803, 2805 Earl Rudder Fwy; 8441 State Hwy 47; 2800 Texas Ave; 3201 University Dr. 110 Hwy 290 West; 1612 West Villa Maria Road; 2410 Boonville Road; 1600 Joseph Drive In College Station: 4401, 4411, 4421 SH 6 South; 1512 Holleman Dr; 1530 Texas Avenue; 4007 Victoria Avenue; 2803 and 2805 Earl Rudder Fwy South; The public hearing is being conducted as an accommodation to satisfy the requirements of Section 147(f) of the Internal Revenue Code of 1986, as amended. THE COHFA BONDS, WHEN ISSUED, WILL NOT BE OBLIGATIONS OF THE COUNTY AND WILL NOT CONSTITUTE A GENERAL OBLIGATION OR INDEBTEDNESS OF THE STATE OF TEXAS, THE COUNTY OR ANY POLITICAL SUBDIVISION THEREOF, NOR WILL THEY BE PAYABLE IN ANY AMOUNT BY TAXATION, BUT THE COHFA BONDS WILL BE THE LIMITED OBLIGATIONS OF COHFA, PAYABLE SOLELY FROM THE REVENUES PLEDGED THEREFOR. At the time and place fixed for the hearing, all individuals who appear will be given an opportunity to address the question of whether the Commissioners Court of the County and the County Judge should approve the issuance of the COHFA Bonds for the purposes of financing or refinancing the costs of the Projects and all written comments previously filed with the County at its offices at the Brazos County Courthouse, 200 S Texas Ave, Suite 310, Bryan, Texas, will be considered. Oral comments at the public hearing will be limited to 10 minutes for each individual. Following the public hearing a report concerning the hearing will be submitted to the Commissioners Court and the County Judge with a request to approve the issuance of the COHFA Bonds for the purposes of financing or refinancing the costs of the Projects. 53224678.4Fol.'7 P�/ The Eagle Bryan, Brazos County, Texas Affidavit of Publication POLSINELLI 900 W. 46TH PLACE, SUITE 900 KANSAS CITY, MO 64112 Account Number 1063136 Date June 23, 2016 Date Category Descdplion Ad Size Total Cost 06/29/2016 Legal Notices HEARING FOR BONDS BY COLORADO HEALTH FACILITIES At 3 x 10.79 IN 822.43 Proof of Publication On said day, personally, appeared before me, the undersigned a Notary Public in and for said county and state, Marilyn Green, of The Eagle, a newspaper published in Bryan, Brazos County, Texas, and generally circulated in Brazos, Burleson, Grimes, Lee, Leon, Madison, Milam and Robertson Counties, and that the notice, a copy of which is hereto attached, was published in said newspaper on the following named dates: 06/23/2016 The First insertion being given... 06/23/2016 Newspaper reference: 0000261059 Sworn to and subscribed before me this Thursday, June 23, 2016 / MarilyyfGreeh Lynne Strassburg Clerk Notary Lynne Strassburg �r �• 12646064.3 Notary Public. State of Texas State of Texas My Commission Expires Brazos County �=t2` Aphl21,2020 My Commission expires THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU FV -01 .. �-3% pg, /%� BRAZOS COUNTY, TEXAS ACCEPTANCE OF DONATED/AWARDED PROPERTY ` DONATION OF COUNTY PROPERTY Date: 7/7/2016 F-� Acceptance of Donated/Awarded Property Q Donation of County Property (Awarded property requires signed court documentation) Acceptance of Donated Inmate Property (Requires signed inmate documentation—NO VALUE ASSESSED) Item Description: see attached list Please provide all information requested below as applicable to Bre property being accepted or donated. Forms containing any blank fields will be returned for completion. Make: Model: Year: SN/VIN #: © Functional ❑X Non -Functional. Explain if Non -Functional Additional Description/[nformation: Equipment purchased 2005-2009 HSGP. Equipment has been on permanent loan to this Dept. since purchased. Some of equipment is approaching end of service life. Estimated Value: area Check the appropriate account based on estimated value of property being accepted ❑ 61235000(Donation -Other)* ❑ 60010000(No Asset Tag -Under$500) © 67010000(MinorProperty-$500-$4999) ❑ 80010000 (Capital Property - Over $5000) — Other to be used for fiords donated to Brazos Check box for Capital Asset (value/initial cost is over $5000) m Check the appropriate entity property being donated to: Government Entity: Other (Due to Statuatory requirements prior approval is required by Purchasing: use ofa non -county Organization Nano South Brazos County FD Organization Name I certify that the above mentioned item has been donated or awarded to Brazos County. This item has been received in good faith and upon approval by Commissioner's Court will become a part of the General Fixed Asset Account of Brazos County. The determination to accept or reject the donation will be made at the sole discretions of Commissioners Court based upon such things as usefulness, projected operating, maintenance and insurance costs. Requesting Department: Emergency Management F ' ` u.x...��e,- `moo —'t `z—aa`—e—, Department Name Authorized Signature Organization Receiving Donated Properly: Dyed by Co n Co on this Commissioners Court Approval Authorized Signature IN day of_ Ju IQ f y h-0—. 'I BRAZOS COUNTY, TE XAS ACCEPTANCE OF DONATED/AWARDED PROPERTY M0 DONATION OF COUNTY PROPERTY Date: 7/7/2016 Acceptance of Donated/Awarded Property 0 Donation of County Property (Awarded property requires signed court documentation) Acceptance of Donated Inmate Property (Requires signed inmate documentation—NO VALUE ASSESSED) Item Description: see attached list Please provide all information requested below as applicable to the property being accepted or donated. Forms containing any blank fields will be returned for completion. Make: Model: Year; SN/VIN #: OX Functional ❑ Non -Functional. Explain if'Non-Functional Additional Description/Information: Equipment purchased 2005-2009 HSGP. Equipment has been on permanent loan to this Dept. since purchased. Some of equipment is approaching end of service life. Estimated Value: uvlvxut� Check the appropriate account based on es timatcd value of property being accepted: 61235000 (Donation - Other)* ❑ 60010000 (No Asset Tag-Under$500) Al 67010000 (MinorProperty-$500-$4999) ❑ 80010000 (Cap ital Property - Over $5000) Check box for Capital Asset (value/initial cost is over $5000) Check the appropriate entity property being donated to: Government Entity: Organization Name Other (Due to Statuatory requirements prior appro vat Brazos County District 2 VFD is required by Purchasing: Organization Name "Donation— Other to be used for funds donated to Brazos County far use ofa non -county 1 certify that the above mentioned item has been donated or awarded to Brazos Comity. This item has been received in good faith and upon approval by Commissioner's Court will become a part of the General Fixed Asset Account of Brazos County. The determination to accept or reject the donation will be made at the sole discretions of Commissioners Court based upon such things as usefulness, projected operating, maintenance and insurance costs. Requesting Department: Emergency Management Organization Receiving Donated Property: Department Name Authorized Signature Authorized Signature 1 7, ed by Co missioner our on this I D day of - \)_u l t 201b. Commissioners Court Approval g -r^—/— fvii-��7- t�g,�a� BRAZOS COUNTY, TEXAS ACCEPTANCE OF DONATED/AWARDED PROPERTY DONATION Or COUNTY PROPERTY h Date: 7/7/2016 F—] Acceptance of Donated/Awarded Property ODonation of county Property (Awarded property requires signed court documentation) Acceptance of Donated Inmate Property (Requires signed inmate documentation —NO VALUE ASSESSED) Item Description: see attached list Please provide all information requested below as applicable to the property being accepted or donated. Forms containing any blank fields will he returned for completion. Make: Model: Year: SN/VIN g: Functional ❑ Non -Functional. Explain ifNon-Functional Additional Descriptior/Information: Equipment purchased 2005-2009 HSGP. Equipment has been on permanent loan to this Dept. since purchased. Some of equipment Is approaching end of service lite. Estimated Value: Check box for Capital Asset (value/initial cost is over $5000) Check the appropriate account based on estimated value of property being accepted: ❑ 61235000 (Donation - Other)* ❑ 60010000(No Asset Tag-Under$500) Q 67010000 (Minor Property - $500 - $4999) ❑x 80010000(CapitmProp city -Over $5000) 'Donation —Other to be used for funds donated to Brazos or Chcckthe appropriate entity property being donated to: Government Entity: Organization Namc Other (Due to Statuatory requirements prior approval Brazos County Preeinet3 VFD is required by Purchasing: Organization Name for trse ofa non -county expendiiure. 1 certify that the above mentioned item has been donated or awarded to Brazos County. This item has been received in good faith and upon approval by Commissioner's Court will become a part of the General Fixed Asset Account of Brazos County. The determination to accept or reject the donation will be made at the sole discretions of Commissioners Court based upon such things as usefulness, projected operating, maintenance and insurance costs. Requesting Department: Emergency Management \/",A Department Name Authorized Signature Organization Receiving Donated Property: Authorized Signature roved by Co nin Court on this � day of d�(/ Com..issionersCourt pp Vol. pg,a e BRAZOS COUNTY, TEXAS ACCEPTANCE OF DONATED/AWARDED PROPERTY i DONATION OF COUNTY PROPERTY Date: 7!7/2016 Acceptance of Donated/Awarded Property Q Donation of County Properly (Awarded property requires signed court documentation) Acceptance of Donated Inmate Property (Requires signed inmate documentation —NO VALUE ASSESSED) Item Description: see attached list Please provide all information requested below as applicable to the property being accepted or donated. Forms containing any blank fields will be returned for completion. Make: Model: Year: SN/VIN #: -1 Functional ® Non -Functional. Explain ifNon-Functional Additional Description/Information: Equipment purchased 2005-2009 HSGP. Equipment has been on permanent loan to this Dept. since purchased. Some of equipment is approaching end of service life. Estimated Value: Check the appropriate account based on estimated value of property being accepted: 61235000 (Donation - Other)* ❑ 60010000 (No Asset Tag - Under$500) 0 67010000 (Minor Property - $500 - $4999) 0 80010000 (Capital Property -Over $5000) Check box for Capital Asset (valuelinitial cost is over $5000) Checkthe appropriate entity property being donated to: Government Entity: Organization Name Other (Due to Statuatory requirements prior approval Brazos County Precinct 4 VFD is required by Purchasing: Organization Name r!)nnN;nn— Other fa be used for funds donated to Brazos County for use ofa non -county expendilure. I certify that the above mentioned item has been donated or awarded to Brazos County. This item has been received in good faith and upon approval by Commissioner's Court will become a part of the General Fixed Asset Account of Brazos County. The determination to accept or reject the donation will be made at the sole discretions of Commissioners Court based upon such things as usefulness, projected operating, maintenance and insurance costs. �y n Requesting Department: Emergency Management Department Name Authorized Signature Organization Receiving Donated Property: Authorized Signature Appr by Co u on this day of �1 > P . �s Commissioners Court Approval UO- =�_—_ �— g 0?.3 7 ���. o2a_6 _ I - - — ----� Date: 7/7/2016 BRAZOS COUNTY, TEXAS ACCEPTANCE OF DONATED/AWARDED PROPERTY DONATION OF COUNTY PROPERTY ❑Acceptance of Donated/Awarded Property 0Donation of County Property (Awarded property requires signed court documentation) Acceptance of Donated Inmate Property (Requires signed inmate documentation—NO VALUE ASSESSED) Item Description: see attached list Please provide all information requested below as applicable to the property being accepted or donated. Forms containing any blank fields will be returned for completion. Make: Model: Year: SNNIN #: ❑X Functional ❑ Non -Functional. Explain if Non -Functional Additional Descriptiondinformation: Equipment purchased 2009 HSGP. Equipment has been on permanent loan to this Organization since purchased. Some of equipment is approaching end of service Estimated Value: Check the appropriate account based on estimated value ofproperty being accepted: ❑ 61235000 (Donation -Other)* ❑ 60010000 (No Asset Tag -Under $500) Q 67010000(MinorProperty-$500-$4999) ❑ 50010000 (Capital Property - Over $5000) Check box for Capital Asset (vatue/initial cost is over $5000) donated to: Government Entity: property Organization Name Other (Due to Statuatory requirements prior approval Brazos Valley Reg. Advisory is required by Purchasing: Organization Name °nnnatian — Other to be used for funds donated to Brazos Couniv for rise ofa non -county exnendihve. I certify that the above mentioned item has been donated or awarded to Brazos County. This item has been received in good faith and upon approval by Commissioner's Court will become a part of the General Fixed Asset Account of Brazos County. The determination to accept or reject the donation will be made at the sole discretions of Commissioners Court based upon such things as usefulness, projected operating, maintenance and insurance costs. (� Requesting Department: Emergency Management Department Name Authorized Signature Organization Receiving Donated Property: Authorized Signature roved by Commiss' s Court this � day of •~Commissioners Court Approval VOL �� � p9• �� � oil TEXAS DEPARTMENT OF PUBLIC SAFETY TEXAS DIVISION OF EMERGENCY MANAGEMENT (TDEM) NOTICE OF SUBRECE ENT GRANT AWARD Program Title: FY 2016 Emergency Management Performance Grant (EMPG) DIIS Instrument Number: 2016 -EP -00011 TDEM Grant Number: 16TX-EWG-1440 Administered By: Texas Division of Emergency Management Texas Department of Public Safety P.O. Box 4087 Austin, Texas 78773-0220 Recipient: Brazos County 200 S. Texas Ave, Ste 332 Bryan, TX 77803-3999 Amount of Grant: $55,539.18 Period of Grant: October 1, 2015 to March 31, 2017 The period of grant reflects a six (6) month PROGRAMMATIC EXTENSION ONLY to complete and closeout your FY 16 EMPG grant year. Signing Acceptance of this document means that you accept and will comply with all requirements listed in the attached FY 2016 Terms and Conditions. AGENCY APPROVAL G PTANCE i Original Signature Required W. Nim Kidd, CEM Printed Name/Title: Assistant Director Texas Department of Public Safety 1 t� J���p Chief j mne- / / ` Texas Division of Emergency Management Date: 06/29/2016 1 Date: Return Signed Copy of This Page within 45 clays to: Texas Department of Public Safety Texas Division of Emergency Management Attention: Heather Baxter, Grant Technician RO. Box 4087 Finance and Grant Management MSC 0229 Austin, TX 78773-0220 2 q ✓,(s/ Vol _� TPg� 2016 Emergency Management Performance Grant (EMPG) Terms and Conditions 1. Purpose: The FY 2016 priority for this program is to advance "Whole Community" security and emergency management. Grant funds will be used to support local comprehensive emergency management programs to encourage improvement of mitigation, preparedness, response, and recovery capabilities for all hazards. Funding may be used to support activities that contribute to the capability to manage consequences from acts of terrorism. Funds provided may also be used to accomplish initiatives described in the Federal Program Guidelines, including local implementation of the National Incident Management System (NIMS), incorporation of appropriate references to the National Response Framework (NRF) into local plans, homeland security assessment and strategy integration, and assessment of local emergency management program using Emergency Management Assessment Program (EMAP) standards. 2. Grant Conditions: Identify the source of funding under which this award is funded and reference the government code. The federal grant terms and conditions are located at: http://www.fema.gov/media-library/assets/documents/92248 3. Grant Acceptance: Notice of Subrecipient Grant Award remains an offer until the signed copy of the Acceptance of Subrecipient Grant Award is received by the Department of Public Safety in accordance with the instructions provided in the transmittal letter. 4. Work to Be Performed: The approved FY 2016 Statement of Work and Progress Report template outlines eight tasks that the grantee must perform during the grant period. The following additional tasks are also required of Subrecipients: A. Implement (NIMS) at the local level. B. Incorporate pertinent information concerning NRF into the local or inter - jurisdictional emergency management plan and its annexes. C. Subrecipients must have a tracking system of record to organize and coordinate resources in response to incidents. D. During the performance period of this grant, Subrecipient must maintain an emergency management plan at the Advanced Level of planning preparedness or higher, as prescribed by the Texas Division of Emergency Management (IDEM). This may be accomplished by jurisdictions maintaining their own emergency management plan or participating in an inter -jurisdictional emergency management program that meets the required standards. If TDEM identifies deficiencies in the Subrecipient's plan, Subrecipients will correct deficiencies within sixty (60) days of receiving notice of such deficiencies from TDEM. E. Subrecipients must maintain an updated inventory of equipment purchased through this grant program in accordance with Uniform Grant Management Standards — III, State Uniform Administrative Requirements for Grants and Cooperative Agreements, Subpart C -Post -Award Requirements, Reports, vol. �✓a7 . Pg._�/��. Records, Retention, and Enforcement, Equipment and the Department of Homeland Security (DHS), Office of Grant Operations Financial Management Guide. The Subrecipient agrees that any equipment purchased with funds through this grant program shall be prominently marked as follows: "Purchased with funds provided by the U.S. Department of Homeland Security." Exceptions to this requirement are limited to items where placing of the marking is not possible due to the nature of the equipment. 5. Grant Funding: Lists the amount of funding for this award. The amount of this grant may be less than the amount requested in your Application for Federal Assistance due to limits on federal funding for the EMPG program. However, EMPG grant recipients should continue to report all eligible expenses in quarterly financial reports. In the event additional program funding becomes available from the federal government or unspent EMPG funds remain at the end of the fiscal year, TDEM may be able to allocate additional funding to EMPG program participants. 6. Financial and Administrative Requirements: In Accordance with 44 Code of Federal Regulations (CFR) Part 13, Subrecipient agrees to comply with the applicable financial and administrative requirements set forth in the current edition of the Office of Justice Programs (OJP) Financial Guide located at htto://www.oip.usdoi.gov/flnancialguide/. A. All emergency management program costs for which the Subrecipient seeks reimbursement must be eligible in accordance with Office of Management and Budget (OMB) Circular A-87, Cost Principles or State, Local, and Indian Tribal Governments. A copy of that document is available at: htto://www.whitehouse.gov/omb/circulars. B. Subrecipient will comply with the organizational audit requirements of OMB Circular A- 133, Audits of States, Local Governments, and Non -Profit Organizations. http://www.whitehouse.gov/omb/circulars default C. When implementing Federal Emergency Management Agency (FEMA) National Preparedness Directorate funded activities; the Subrecipient must comply with all federal civil rights laws, to include Title VI of the Civil Rights Act, as amended. The Subrecipient is required to take reasonable steps to ensure persons of limited English proficiency have meaningful access to language assistance services regarding the development of proposals and budgets and conducting FEMA funded activities. D. Subrecipient will assist the awarding agency (if necessary) in assuring compliance with the National Historic Preservation Act of 1966 Section 106 (16 U.S.C. § 470), Ex. Order 11593 (identification and protection of historic properties), the Archeological and Historical Preservation Act of 1974 (16 U.S.C. § 469 a-1 et seq.), and the National Environmental Policy Act of 1969 (42 U.S.C. § 4321). (Federal Assurance). E. Subrecipient agrees to make no request for reimbursement for goods or services procured by the Subrecipient either prior to the start of the period of performance stated in this award document or after the end of the period of performance. Vol.%�pg.�� .- F. Notwithstanding any other provisions of this document, the parties understand and agree that the obligations of TDEM under this Agreement are contingent upon the availability of adequate funds to meet TDEM's liabilities. TDEM shall not be liable to the Subrecipient for costs under this Agreement that exceed the amount specified in the Notice of Subrecipient Grant Award. 7. Single Audit Act Requirements: If Subrecipient has expenditures in excess of $750,000 in federal funds of all types within a single fiscal year, it must have an audit performed in accordance with the Single Audit Act as amended. Subrecipient agrees to comply with the audit requirements of OMB Circular A-133, Audits of States, Local Governments, and Non-profit Organizations. 8. Reporting Requirements: Subrecipient agrees to comply with all reporting requirements and shall provide such information as required by TDEM. Reporting requirements are found in the 2016 Local Emergency Management Performance Grant (EMPG) Guide. Subrecipients may be required to submit additional information and data requested by TDEM and after the end of the period of performance in order to close out the grant. A copy of the 2016 Local Emergency Management Performance Grant (EMPG) Guide can be found on the TDEM website at: http://www txdps state tx us/dem/CounciIsCommittees/EMPG/empgCurrentGuide.pdf. Subrecipient must prepare and submit Semi -Annual Progress Reports to TDEM for the duration of the grant performance period or until all grant activities are completed and the grant is formally closed. The first performance reporting period is October 1 to March 31 (progress report due April 15) and the second reporting period is April 1 to September 30 (progress report due October 15). Subrecipient may also be required to submit additional information and data as requested by TDEM. 9. Review of Work and Expenditures: TDEM may review the work of the Subrecipient with respect to approved program tasks and expenditures for which reimbursement is requested to ensure the federal awards are used for authorized purposes in compliance with laws, regulations, and the provisions of this contract or grant agreement and that performance goals are achieved. These reviews may include, without limitation: comparing actual Subrecipient activities to those approved in the sub -award application and subsequent modifications if any; ensuring that grant funds have been expended in accordance with applicable guidelines; confirming compliance with grant assurances, and verifying information provided on performance reports and payment requests. EMPG grant funds cannot be matched with any other federal funds. 10. Lobbying A. As required by Section 1352, Title 31 of the U.S. Code, and implemented at 28 CFR Part 69, for persons entering into a grant or cooperative agreement over $100,000, as defined at 28 CFR Part 69, the Subrecipient certifies that: 1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the. Subrecipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement; 2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. 3) The Subrecipient will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest or personal gain. 11. Debarment, Suspension, and other Responsibility Matters: A. As required by Executive Order 12549, Debarment and Suspension, and implemented at 28 CFR Part 67, for prospective participants in primary covered transactions, as defined at 28 CFR Part 67, Section 67.510 (Federal Certification). B. The Subrecipient certifies that it and its principals and vendors: 1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; Subrecipients can access debarment information by going to www.epls.gov. 2) Have not, within a three-year period preceding this application, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and 4) Have not, within a three-year period preceding this application, had one or more public transactions (Federal, State, or local) terminated for cause or default. C. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application (Federal Certification). 12. Monitoring: A. Subrecipient will provide TDEM, State Auditor, DHS personnel or their authorized representative, access to and the right to examine all paper or electronic records related to financial assistance. Cvol. C�_% _ P9, 11�1"r J B. Subrecipient agrees to monitor their program to ensure that federal awards are used for authorized purposes in compliance with laws, regulations, and the provisions of contracts or grant agreements and that the performance goals are achieved. C. TDEM may perform periodic reviews of Subrecipient performance of eligible activities and approved projects. These reviews may include, without limitation: performance of an on-site audit and compliance monitoring, including inspection of all grant -related records and items, comparing actual Subrecipient activities to those approved in the sub -award application and subsequent modifications if any, ensuring that advances have been disbursed in accordance with applicable guidelines, confirming compliance with grant assurances, verifying information provided in performance reports and reviewing payment requests, needs and threat assessments and strategies. D. Subrecipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the express prior written approval of FEMA National Preparedness Directorate. E. The Subrecipient official certifies federal funds will be used to supplement existing funds, and will not replace (supplant) funds that have been appropriated for the same purpose. Subrecipient may be required to supply documentation certifying that a reduction in non- federal resources occurred for reasons other than the receipt or expected receipt of federal funds. 13. Reimbursement for Expenses: Reimbursement for expenses incurred during the second and fourth quarter of Fiscal Year 2016 will not be disbursed until TDEM receives the first and second semi-annual EMPG Progress Reports, which are due on April 15, and October 15, respectively. 14. Choice of Law: This agreement shall be construed and governed by Texas law. 15. Changes to the Law: DPS is a state agency whose authority and appropriations are subject to the actions of the Texas Legislature and the United States Congress. If DPS and/or the subject matter of this contract become subject to a legislative or regulatory change, revocation of statutory or regulatory authority, or lack of funds that would render the services and/or goods and/or payment to be provided under this agreement impossible, unnecessary, void, or substantially amended, DPS may terminate this agreement without penalty to, or any liability whatsoever on the part of, DPS, the State of Texas, or the United States. This contract does not grant vendor a franchise or any other vested property right. 16. Written Modification: No modification or amendment to this Agreement shall become valid unless in writing and signed by both parties. 17. To the extent it applies, Subrecipient shall comply with Texas Government Code, Chapter 783, 1 Texas Administrative Code (TAC) §§ 5.141 et seq., and the Uniform Grant Management Standards, State Uniform Administrative Requirements for Grants and Cooperative Agreements, Subpart B, §_14. uol.3 % Fg_.../�� 18. To the extent it applies, Subrecipient shall comply with the General Appropriations Act, 80'" Legislature, Article IX, Part 17. 19. TDEM may suspend or terminate sub -award funding, in whole or in part, or other measures may be imposed for any of the following reasons: failing to comply with the requirements or statutory objectives of federal law, failing to make satisfactory progress toward the goals or objectives set forth in the sub -award application, failing to follow grant agreement requirements or special conditions, failing to submit required reports, or filing a false certification or other report or document. Satisfactory progress is defined as accomplishing the following during the performance period of the grant: requesting federal funds for purchases, training, etc. and deciding what purchases will be made, ordering the equipment, ensuring the equipment is shipped and received, and training is accomplished with the equipment (or readied for deployment). All of the aforementioned tasks must be accomplished in a timely manner. Special Conditions may be imposed on Subrecipient's use of grant funds until problems identified during grant monitoring visits conducted by TDEM audit and compliance personnel are resolved. CA- R-�yne�s LexisNexis® 2SLc SUBSCRIPTION PLAN AMENDMENT FOR STATE/LOCAL GOVERNMENT "Subscriber": BRAZOS COUNTY "LN": LexisNexis, a division of RELX Inc. This Subscription Plan Amendment ("Amendment") amends and supplements the terms of the Subscription Agreement either previously entered into or executed simultaneously herewith between LN and Subscriber (the "Agreement"). This Amendment shall also serve as Subscriber's acceptance of the General Terms & Conditions for Use of the Online Services effective September 1, 2010 set forth at www.lexisnexis.com/terms/general. 1. TERM The term of this Amendment will begin (a) on the date Subscriber's billing account (a "Billgroup") is activated ("Activation") if Subscriber is a new LN customer, or (b) subject to Section 7, on the first day of the calendar month immediately following the execution of this Amendment and delivery of it to LN if Subscriber is an existing LN customer, and will continue until the last day of the final Commitment Period referenced in Section 5.1 (the'Term"). 2. AUTHORIZED USERS This Amendment relates only to the Subscriber's 8111groups and locations (the "Participating Billgroups") set forth below and the Authorized Users under the 'Parfic patingi.Billgrouos.. "Authorized Usee' shall have.the meanino set forth in the Aoreeneenl' 3. CERTIFICATION 3.1 Subscriber certifies that the number of government professionals in Subscriber's organization is as set forth below. A "Government Professional User" is defined as an attorney, judge, librarian, researcher, investigator or analyst who is employed by the Subscriber. Number of Government Professional Users: 15 3.2 A "Support Staff User" is defined as a person who supports the Government Professional User, including, but not limited to: paralegals, interns, legal secretaries or other administrative support members. Up to 3 ID's will be issued to support staff for each Government Professional User accounted for above. Support Staff Users will receive access at no additional charge. 3.3 Each LN ID must be issued for individual use by the Government Professional User or Support Staff User. 3.4 If Subscriber, at the time of signing this Amendment has 11 or more Government Professional Users, then Subscdber is required to notify LN if the number of Government Professional Users falls below 11. Subscriber shall, within 30 days of the staffing change, notify LN In writing. 3.5 Subscriber acknowledges that the pricing and menus provided to Subscriber in this Amendment depend in part on the number of Government Professional Users in Subscriber's organization. Subscriber certifies that as of the date Subscriber signs this Amendment there are the number of Government Professional Users in Subscriber's organization (the "Reference Number") as Subscriber has specified above. (i) At LN's request from time to time, Subscriber will certify in writing the then -current Reference Number. (ii) If there is a change in the Reference Number during the Term, LN may, in its sole discretion on at least 30 days prior written notice to Subscriber, increase or decrease the Monthly Commitment by an amount that does not exceed, on a percentage basis, the change in the Reference Number. 'Nn:St:C+nylf5ub5cripixfnPlaMmJ SiryflP..Ulu"113#4047-612675447 - 1 ". ©2015 lx*Nc41s: AlrrighR[ejm.d. I 4. MONTHLY SUBSCRIPTION CHARGE During the Term, the Monthly Subscription Charge in Section 3 of the then -current applicable price schedule (the "Price Schedule") will be waived. S. PREFERRED PRICING MATERIALS AND CHARGES 5.1 In consideration of Subscriber's payment to LN of the monthly commitment amounts specified below (the "Monthly Commitment"), the Participating Biligroups will be provided access to and use of certain Materials, products, services and features, identified below by sourcelmenu number (the "Preferred Pricing Materials"). If Subscriber is an existing LN customer and this is a revision to Subscriber's Preferred Pricing Materials and Monthly Commitment, fees will be prorated for the month in which the change becomes effective if the change occurs other than on the first day of the month. At no additional charge, the Participating Billgroups may do offline printing, online printing and saving to disk of Preferred Pricing Materials, I. PREFERRED PRICING h1ATERIALS' SONRCE/MENB SHEPpft05 `.. - (a) LEXIS only and Related Services SBOLXD Full (b) TEX MatthewBender-Flat Rate MBTX00... - (C) NEWS—LG Group SUB625 (d) National Briers, O icadin s and M SLCI'FL (e) 'rax Analyse: Cu l Awarcn: TAXA01 M TXANGR Shadow 7'L}'WCU _ (g) Texas Jurispmdence ZZYWVM _ (h) All raw Reviews. SBOU78 (i) AMOUR and ALR 77,YWVI fl) Moore's Federal Prdaice. - MB0021 (k) ._. _. -..... .. ... .. (1) (m) (c) _.. ... ..... ..__ - ��See atlachedRider ND. 1 far additional Preferred Pricing Maledals Beginning , 10112016.. to 9/30/2017 $ Beginning 10/1/2017 to 9/30/2013_ $ Beginning ....10/U2018 -. to _,913 012 01 9 .. $ Beginning to $ Beginning ...._ .. to $ Beginning to , ..__.. $ to 5.2 During the Term, the Monthly Commitment will be billed in lieu of the Information Charges specified in Section t of the Price Schedule for all access to and use of the Preferred Pricing Materials, except as otherwise provided in Section 5.3 and Section 6 (if elected) below. 5.3 The following Materials accessible from, but not included as part of the Preferred Pricing Materials, will be subject to monthly billing at the then -current standard undiscounted rates in accordance with the Price Schedule: (a) selected Images (those that include a charge in the Price Schedule); (b) Dun & Bradstreet Reports; and (c) Risk Solutions, 6. ADDITIONAL CHARGES The Participating Billgroups may have access to and use of the LN services and features not accessed through the Preferred Pricing Materials ("Alternate Pricing Materials"). If Subscriber so elects by initialing below, or by notifying LN at a later date, Subscriber will have access through the Alternate Pricing Materials at then -current undiscounted rates in accordance with the Price Schedule in addition to the Monthly Commitment. Subscriber elects access to the Alternate Pricing Materials 110101 7. CLOSED OFFER The offer of LN contained herein is valid until August 20, 2016. In order to implement this Amendment by the first day of a calendar month, LN must receive this signed Amendment by the 20th day of the preceding month. 7_—. Voot✓� l. 8. CONFIDENTIAL INFORMATION Subject to any state open records or freedom of information statutes, this Amendment contains confidential pricing information of LN. Subscriber understands that disclosure of the pricing information contained herein could cause competitive harm to LN, and will receive and maintain this Amendment in trust and confidence and take reasonable precautions against such disclosure to any third person. This Section 8 will survive the termination or expiration of this Amendment. 9. SUPPORT AND TRAINING During the Term. Subscriber, with the support of LN, agrees to encourage the effective use of the LN Online Services through: (a) Mandatory basic training in the use of the Online Services by LN for all Authorized Users; (b) Meaningful participation in additional ongoing programs presented by LN to Update and train Authorized Users; (c) Authorize the periodic distribution of memos or other communications by LN and/or Subscriber to Authorized Users; and (d) The periodic review with LN of Subscribers Authorized Users use of materials and training under this Amendment. 10. MISCELLANEOUS 10.1 During the Term, use by and charges to the Participating Billgroups will not be eligible for other discounts or aggregation with the use of or charges for other billgroups. 10.2 UPON TERMINATION OR EXPIRATION OF THIS AMENDMENT, CONTINUED USE OF THE ONLINE SERVICES BY SUBSCRIBER IS GOVERNED BY THE AGREEMENT AND WILL BE BILLED IN ACCORDANCE WITH THE PRICE SCHEDULE. 10.3 All capitalized terms not defined herein will have the meanings ascribed to them in the Agreement, including the Price Schedule. 10.4 Except as expressly modified by this Amendment, all other terms and conditions of the Agreement will remain In full force and effect and unaffected by this Amendment. In the event of a conflict or inconsistencies between the Agreement and this Amendment, this Amendment will control. AGREED TO AND ACCEPTED BY: LexlsNexis, a d1v1 ton of RELX Inc. BY: NAME: •a.r—--- nr___r_�i. TITLE: DATE: THIS AMENDMENT DOES NOT BIND EITHER PARTY UNTIL IT HAS BEEN ACCEPTED BY BOTH PARTIES. SgBSGQIBER MAY ACCEPT THIS AMENDMENT BY SIGNINGABOVE. LN MAY ACCEPT THIS AMENDMENT BY PERFORMING ACCORDING TO THIS AMENDMENT OR BY SIGNING ABOVE: N0: $LGOVI-Subscdpfi;71la Amd-Sep12015 IDp 4847-6126-5447 0 2015 LexlsNetis, All ' hLs reserved. F-01 . BRAZO TY BY: NAME: .. ._� TITLE: DATE: ..., I2�(0 LexlsNexis, a d1v1 ton of RELX Inc. BY: NAME: •a.r—--- nr___r_�i. TITLE: DATE: THIS AMENDMENT DOES NOT BIND EITHER PARTY UNTIL IT HAS BEEN ACCEPTED BY BOTH PARTIES. SgBSGQIBER MAY ACCEPT THIS AMENDMENT BY SIGNINGABOVE. LN MAY ACCEPT THIS AMENDMENT BY PERFORMING ACCORDING TO THIS AMENDMENT OR BY SIGNING ABOVE: N0: $LGOVI-Subscdpfi;71la Amd-Sep12015 IDp 4847-6126-5447 0 2015 LexlsNetis, All ' hLs reserved. F-01 . Vtl Wtu!1. LXvll l l LUr 11" Lxi� 7 � t ► v I ✓ C,R-1�ves;c�r� (O"LexisNexiss QSLG SUBSCRIPTION PLAN AMENDMENT FOR STATE/LOCAL GOVERNMENT "Subscriber": BRAZOS COUNTY ATTORNEYS OFFICE "LN": LexisNexis, a division of RELX Inc. This Subscription Plan Amendment ("Amendment") amends and supplements the terms of the Subscription Agreement either previously entered into or executed simultaneously herewith between LN and Subscriber (the "Agreement"). This Amendment shall also serve as Subscriber's acceptance of the General Terms & Conditions for Use of the Online Services effective September 1, 2010 set forth at www.lexisnexis.com/terms/cleneral. 1. TERM The term of this Amendment will begin (a) on the date Subscriber's billing account (a "Billgroup") is activated ("Activation") if Subscriber is a new LN customer, or (b) subject to Section 7, on the first day of the calendar month immediately following the execution of this Amendment and delivery of it to LN if Subscriber Is an existing LN customer, and will continue until the last day of the final Commitment Period referenced in Section 5.1 (the "Term"). 2. AUTHORIZED USERS This Amendment relates only to the Subscriber's Billgroups and locations (the "Participating Billgroups") set forth below and the Authorized Users under the. Participating Sillgroups.:'..Authorized User".shall have the meaningset forth in the Agreement.. I PARTICIPAf1NGs1LLGkoUP ii LOCATION.(CRYANO STATED. AN, TX 3. CERTIFICATION 3.1 Subscriber certifies that the number of government professionals in Subscriber's organization is as set forth below. A "Government Professional User" is defined as an attorney, judge, librarian, researcher, investigator or analyst who is employed by the Subscriber. Number of Government Professional Users: 6. 3.2 A "Support Staff User' is defined as a person who supports the Government Professional User, including, but not limited to: paralegals, interns, legal secretaries or other administrative support members. Up to 3 ID's will be Issued to support staff for each Government Professional User accounted for above. Support Staff Users will receive access at no additional charge. 3.3 Each LN ID must be issued for individual use by the Government Professional User or Support Staff User. 3.4 If Subscriber, at the time of signing this Amendment has 11 or more Government Professional Users, then Subscriber is required to notify LN if the number of Government Professional Users falls below 11. Subscriber shall, within 30 days of the staffing change, notify LN in writing. 3.5 Subscriber acknowledges that the pricing and menus provided to Subscriber in this Amendment depend in part on the number of Government Professional Users in Subscriber's organization. Subscriber certifies that as of the date Subscriber signs this Amendment there are the number of Government Professional Users in Subscriber's organization (the "Reference Number") as Subscriber has specified above. (i) At LN's request from time to time, Subscriberwill certify in writing the then -current Reference Number. (it) If there Is a change in the Reference Number during the Term, LN may, in its sole discretion on at least 30 days prior written notice to Subscriber, increase or decrease the Monthly Commitment by an amount that does not exceed, on a percentage basis, the change in the Reference Number. Vol. . pg, a/9. 4. MONTHLY SUBSCRIPTION CHARGE During the Term, the Monthly Subscription Charge in Section 3 of the then -current applicable price schedule (the "Price Schedule") will be waived. 5. PREFERRED PRICING MATERIALS AND CHARGES 5.1 In consideration of Subscriber's payment to LN of the monthly commitment amounts specified below (the "Monthly Commitment"), the Participating Billgroups will be provided access to and use of certain Materials, products, services and features, identified below by source/menu number (the "Preferred Pricing Materials"). If Subscriber is an existing LN customer and this is a revision to Subscriber's Preferred Pricing Materials and Monthly Commitment, fees will be prorated for the month in which the change becomes effective if the change occurs other than on the first day of the month. At no additional charge, the Participating Billgroups may do offline printing, online printing and saving to disk of Preferred Pricing Materials. "r- '• ' "gERRPDPRICINOMATMAS "c' ..'SOURCE/MEW SHEPAROS - {a] .Core Public Records +SifuntLim. _. JIS@RI (6). Com Public Racrds+ SmortLinx RKOOSI. (c). Core Public Raords+Sinartl.inx $OJt(1QI (d); �- to $ feD - $ tn to $ (g) - to $ (h) (i) (k) (n) (o). ❑ Sep atlagl9ed Rider No. t for additional Preferred Pricing Materials '. "r- '• ' COMMITMENTPERIOD(S) [VONTHLCCOMMITMENT Beginning 10/1/2016 to 9/30/2017 $ 425.00 Beginning 10/1/2017 to 9/302018 $ 438.00 Beginning 10/1/2018 to 9/302019 $ 451.00 Beginning �- to $ Beginning to $ Beginning to $ Beginning - to $ 5.2 During the Term, the Monthly Commitment will be billed in lieu of the Information Charges specified in Section 1 of the Price Schedule for all access to and use of the Preferred Pricing Materials, except as otherwise provided in Section 5.3 and Section 6 (if elected) below. 5.3 The following Materials accessible from, but not included as part of the Preferred Pricing Materials, will be subject to monthly billing at the then -current standard undiscounted rates in accordance with the Price Schedule: (a) selected Images (those that include a charge in the Price Schedule); (b) Dun & Bradstreet Reports; and (c) Risk Solutions. 6. ADDITIONAL CHARGES The Participating Billgroups may have access to and use of the LN services and features not accessed through the Preferred Pricing Materials ("Alternate Pricing Materials"). If Subscriber so elects by initialing below, or by notifying LN at a later date, Subscriber will have access through the Alternate Pricing Materials at then -current undiscounted rates in accordance with the Price Schedule in addition to the Monthly Commitment. Subscriber elects access to the Alternate Pricing Materials (Initial) 7. CLOSED OFFER The offer of LN contained herein is valid until August 20, 2016. In order to implement this Amendment by the first day of a calendar month, LN must receive this signed Amendment by the 20th day of the preceding month. vol. 6. CONFIDENTIAL INFORMATION Subject to any state open records or freedom of information statutes, this Amendment contains confidential pricing information of LN. Subscriber understands that disclosure of the pricing information contained herein could cause competitive harm to LN, and will receive and maintain this Amendment in trust and confidence and take reasonable precautions against such disclosure to any third person. This Section 8 will survive the termination or expiration of this Amendment. 9. SUPPORT AND TRAINING During the Term, Subscriber, with the support of LN, agrees to encourage the effective use of the LN Online Services through: (a) Mandatory basic training in the use of the Online Services by LN for all Authorized Users; (b) Meaningful participation in additional ongoing programs presented by LN to update and train Authorized Users; (c) Authorize the periodic distribution of memos or other communications by LN and/or Subscriber to Authorized Users; and (d) The periodic review with LN of Subscriber's Authorized User's use of materials and training under this Amendment. 10. MISCELLANEOUS 10.1 During the Term, use by and charges to the Participating Billgroups will not be eligible for other discounts or aggregation with the use of or charges for other billgroups. 10.2 UPON TERMINATION OR EXPIRATION OF THIS AMENDMENT, CONTINUED USE OF THE ONLINE SERVICES BY SUBSCRIBER IS GOVERNED BY THE AGREEMENT AND WILL BE BILLED IN ACCORDANCE WITH THE PRICE SCHEDULE. 10.3 All capitalized terms not defined herein will have the meanings ascribed to them in the Agreement, including the Price Schedule. 10A Except as expressly modified by this Amendment, all other terms and conditions of the Agreement will remain in full force and effect and unaffected by this Amendment. In the event of a conflict or inconsistencies between the Agreement and this Amendment, this Amendment will control. AGREED TO AND ACCEPTED BY: 'r OS COU TY S L'exlsNexis, A dtv i" n f REIJC Inc. OSCRIB ,- BY: BY:- NAME: 1iUQn2 Pers NAME: 9baron biack TITLE: A.TITLE:pY�,,r%it Yet DATE: { I l a .. DATE: 1 �— _— THIS AMENDMENT DOES NOT BIND EITHER PARTY UNTIL IT HAS BEEN ACCEPTED BY BOTH PARTIES SUS ©SCRIBER MAY ACCEPT THIS AMENOMENT BY SIGNING ABOVE. LN MAY ACCEPT THIS AMENDMENT BY PERFORMING ACCORDING TO THIS AMENDMENT OR BY SIGNING ABOVE. �NDr5LGo4l7Subv'npLnnPliriAinrl�5'epl2016 1004047-6126-5447 '7 p 2015 LeaisNexiS. AII'nghts reserved.' ----------------------- VOR.. �J / pg _��? � �, only %N'W'LexisNexiso QSLG SUBSCRIPTION PLAN AMENDMENT FOR STATE/LOCAL GOVERNMENT "Subscriber": BRAZOS COUNTY "LN": LexisNexis, a division of RELX Inc. This Subscription Plan Amendment ("Amendment") amends and supplements the terms of the Subscription Agreement either previously entered into or executed simultaneously herewith between LN and Subscriber (the "Agreement"). This Amendment shall also serve as Subscriber's acceptance of the General Terms & Conditions for Use of the Online Services effective September 1, 2010 set forth at www.lexisnexis.com/terns/qeneral. 1. TERM The term of this Amendment will begin (a) on the date Subscriber's billing account (a "Billgroup") is activated ("Activation") if Subscriber Is a new LN customer, or (b) subject to Section 7, on the first day of the calendar month immediately following the execution of this Amendment and delivery of it to LN if Subscriber is an existing LN customer, and will continue until the last day of the final Commitment Period referenced in Section 5.1 (the "Term"). 2. AUTHORIZED USERS This Amendment relates only to the Subscriber's 1 t 3CBZ Ilgroups and locations (the "Particip; ds% "Authorized User" shall.have the 'Locandri`(city .. BRYAN set forth below and i in the A46eement. 3. CERTIFICATION 3.1 Subscriber certifies that the number of government professionals in Subscriber's organization is as set forth below. A `Government Professional User" is defined as an attorney, judge, librarian, researcher, investigator or analyst who Is employed by the Subscriber. IL Number of Government Professional Users: ..., . .. :1.14 _J 3.2 A "Support Staff User" is defined as a person who supports the Government Professional User, including, but not limited to: paralegals, interns, legal secretaries or other administrative support members. Up to 3 ID's will be issued to support staff for each Government Professional User accounted for above. Support Staff Users will receive access at no additional charge. 3.3 Each LN ID must be issued for individual use by the Government Professional User or Support Staff User. 3.4 If Subscriber, at the time of signing this Amendment has 11 or more Government Professional Users, then Subscriber is required to notify LN if the number of Government Professional Users falls below 11. Subscriber shall, within 30 days of the staffing change, notify LN In writing. 3.5 Subscriber acknowledges that the pricing and menus provided to Subscriber in this Amendment depend in part on the number of Government Professional Users in Subscriber's organization. Subscriber certifies that as of the date Subscriber signs this Amendment there are the number of Government Professional Users in Subscriber's organization (the "Reference Number") as Subscriber has specified above. (1) At LN's request from time to time, Subscriber will certify in writing the then -current Reference Number. (ii) If there is a change in the Reference Number during the Term, LN may, in Its sole discretion on at least 30 days prior written notice to Subscriber, increase or decrease the Monthly Commitment by an amount that does not exceed, on a percentage basis, the change In the Reference Number. Vol. �j'_ Pg, o?.?,Z 4. MONTHLY SUBSCRIPTION CHARGE During the Term, the Monthly Subscription Charge in Section 3 of the then -current applicable price schedule (the "Price Schedule") will be waived. 5. PREFERRED PRICING MATERIALS AND CHARGES 5.1 In consideration of Subscriber's payment to LN of the monthly commitment amounts specified below (the "Monthly Commitment'), the Participating Billgroups will be provided access to and use of certain Materials, products, services and features, Identified below by source/menu number (the "Preferred Pricing Materials"). If Subscriber is an existing LN customer and this is a revision to Subscriber's Preferred Pricing Materials and Monthly Commitment, fees will be prorated for the month in which the change becomes effective if the change occurs other than on the first day of the month. At no additional charge, the Participating Billgroups may do offline printing, online printing and saving to disk of Preferred Pricing Materials. .1 " PHEF�RRED PpICING:IAAYERIAL3 SOURCFIMENU SHEPAROS NUMBER (a) LEXIS only,.and Related Services SBDLXD Full (b) TEX Matthew Bender -.Flat Rate M8TX00...._.. .. (c) NEWS --UG Group SL.B625 (d) National Briefs, Pleadings and N1 SLCTFL (e) Tax Analyst: Current Awamm - TAXA01 . - (t) TXANGR Shadow ZZYWLU. (g) Texashir'ts mdmce Z7,YWVM (h) All Uw Reviews SB0078 (i) AMJUR and ALR- . .. ZZYWVI ..... , ., ....... tl) Words redend Practice MB0021 .. _ (k) (c) ..er � See attached Rid No, i far additional Preferred Pdcing Matedals .1 " .COMMRh1ENT PEHI005 '-.. 'MONTHLYCOMMITMENT.'. Beginning 10/12016 to 9/30/2017 $ 528.00 Beginning _ 10/12017 to 9/302018. $ 544.00 Beginning 10/1/2018 to 9/302019. $ 560.00 Beginning to, $ Beginning _., to _ $ Beginning to... $ Beginning .. ... to $.. 5.2 During the Term, the Monthly Commitment will be billed in lieu of the Information Charges specified in Section 1 of the Price Schedule for all access to and use of the Preferred Pricing Materials, except as otherwise provided in Section 5.3 and Section 6 (if elected) below. 5.3 The following Materials accessible from, but not included as part of the Preferred Pricing Materials, will be subject to monthly billing at the then -current standard undiscounted rates in accordance with the Price Schedule; (a) selected Images (those that include a charge in the Price Schedule); (b) Dun & Bradstreet Reports; and (c) Risk Solutions. 6. ADDITIONAL CHARGES The Participating Billgroups may have access to and use of the LN services and features not accessed through the Preferred Pricing Materials ("Alternate Pricing Materials"). If Subscriber so elects by initialing below, or by notifying LN at a later date, Subscriber will have access through the Alternate Pricing. Materials at then -current undiscounted rates in accordance with the Price Schedule in addition to the Monthly Commitment. Subscriber elects access to the Alternate Pricing Materials (initial) 7. CLOSED OFFER The offer of LN contained herein is valid until August 20 2016. In order to implement this Amendment by the first day of a calendar month, LN must receive this signed Amendment by the 20th day of the preceding month. Vol. _v7 3 % __ Pg, --2.! � 8. CONFIDENTIAL INFORMATION Subject to any state open records or freedom of information statutes, this Amendment contains confidential pricing information of LN. Subscriber understands that disclosure of the pricing information contained herein could cause competitive harm to LN, and will receive and maintain this Amendment in trust and confidence and take reasonable precautions against such disclosure to any third person. This Section 8 will survive the termination or expiration of this Amendment. 9. SUPPORT AND TRAINING During the Term, Subscriber, with the support of LN, agrees to encourage the effective use of the LN Online Services through: (a) Mandatory basic training in the use of the Online Services by LN for all Authorized Users; (b) Meaningful participation in additional ongoing programs presented by LN to update and train Authorized Users; (c) Authorize the periodic distribution of memos or other communications by LN and/or Subscriber to Authorized Users; and (d) The periodic review with LN of Subscriber's Authorized User's use of materials and training under this Amendment. 10. MISCELLANEOUS 10.1 During the Term, use by and charges to the Participating Billgroups will not be eligible for other discounts or aggregation with the use of or charges for other biligroups. 10,2 UPON TERMINATION OR EXPIRATION OF THIS AMENDMENT, CONTINUED USE OF THE ONLINE SERVICES BY SUBSCRIBER IS GOVERNED BY THE AGREEMENT AND WILL BE BILLED IN ACCORDANCE WITH THE PRICE SCHEDULE. 10.3 All capitalized terms not defined herein will have the meanings ascribed to them in the Agreement, including the Price Schedule. 10.4 Except as expressly modified by this Amendment, all other terms and conditions of the Agreement will remain in full force and effect and unaffected by this Amendment. In the event of a conflict or Inconsistencies between the Agreement and this Amendment, this Amendment will control. AGREED TO AND ACCEPTED BY: LexisNexis, a'dIVIS41oh` f:RELX Inc. BY: NAME: TITLE: DATE: THIS AMENDMENT DOES NOT BIND EITHER PARTY UNTIL IT HAS BEEN ACCEPTED BY BOTH PARTIES, SUBSCRIBEIT MAY ACCEPT THIS AMENDMENT BY SIGNING ABOVE. LN MAY ACCEPT THIS AMENDMENT BY PERFORMING ACCORDING TO THIS AMENDMENT OR BY SIGNING ABOVE. Vai. pg 16 AGREEMENT BETWEEN COUNTY AND ENGINEER THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. THIS AGREEMENT is made on the 12 day of July 12016, Between the COUNTY: BRAZOS COUNTY, TEXAS c/o Brazos County Commissioners' Court Attention: County Judge 200 South Texas Ave., Ste. 332 Bryan, Texas 77803 and the ENGINEER: Mitchell & Morgan 3204 Earl Rudder Freeway South College Station, TX 77845 for the following PROJECT: Professional Engineering and Surveying Services for The COUNTY and ENGINEER agree as set forth below. ARTICLE I ENGINEER'S RESPONSIBILITY 1,1 ENGINEER'S SERVICE 1.1.1 The ENGINEER'S set -vices consist of those services performed by the ENGINCER, ENGINEER'S employees and the ENGINEER'S consultants as enumerated in Articles 2 and 3 of this Agreement. 1.1.2 The ENGINEER'S services shall be perforrned as expeditiously as is consistent with professional skill and care and the orderly progress of the Work. The ENGINEER shall submit for the COUNTY'S approval a schedule for the performance of the ENGINEER'S services which may be adjusted as the Project proceeds and shall include allowances for periods of time Agreement aehwcn Counry and Engineer y _Page 1 of 10 E01 required for the COUNTY'S review and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule approved by the COUNTY shall not, except for reasonable cause, be exceeded by the ENGINEER or the COUNTY. ARTICLE II SCOPE OF ENGINEER'S BASIC SERVICES 2.1 DEFINITION 2.1.1 The ENGINEER'S Basic Services consist of those described in attached Exhibit "A" and incorporated by reference hereto — SCOPE OF BASIC SERVICES TO BE PROVIDED BY Mitchell & Morgan TO BRAZOS COUNTY, ARTICLE III ADDITIONAL SERVICES 3.1 GENERAL 3,1.1 The services described in attached Exhibit "A" as Additional Services are not included in the Basic Services. It is expressly understood and agreed that ENGINEER shall not furnish any of the additional services without the prior written authorization of the COUNTY or the COUNTY'S designee. The COUNTY shall have no obligation to pay for such additional services, which have been performed without the prior written authorization of the COUNTY as herein above provided. 3.1.2 Services which could possibly be required, but at the time of this Agreement were yet to be determined and which are not included in the Basic Services or Additional Services as identified and described in EXHIBIT "A", shall be considered Contingent Additional Services. A list of possible Contingent Additional Services that could be needed as the Project proceeds is included at the end of Exhibit "A." 3.1.3 It is expressly understood and agreed that the ENGINEER shall not furnish any of the Contingent Additional Services without the prior written authorization of the COUNTY or the COUNTY'S designee. The COUNTY shall have no obligation to pay for such Contingent Additional Services, which have been performed without the prior written authorization of the COUNTY as herein above provided. ARTICLE IV COUNTY'S RESPONSIBILITY 4.1 The COUNTY shall provide full information regarding requirements for the Project, including a program, which shall set forth the COUNTY's objective, schedules, constraints and criteria. 4.2 The COUNTY shall establish and update an overall budget for the Project, including the Construction Cost, the COUNTY'S other costs and reasonable contingencies related to all of these costs. Agreement Between County and Engineer Page 2 of 10 4.3 The COUNTY shall designate a representative authorized to act on the COUNTY'S behalf with respect to the Project. The COUNTY, or such authorized representative, shall render decisions in a timely manner pertaining to documents submitted by the ENGINEER in order to avoid unreasonable delay in the orderly and sequential progress of the ENGINEER'S service. 4.4 The COUNTY shall give prompt written notice to the ENGINEER if the COUNTY becomes aware of any fault or defect in the Project or non-conformance with the contract documents. Any delay by the COUNTY in providing said notice shall not constitute a waiver, a bar or act to estop the COUNTY from exercising any of its rights under this contract. 4.5 Examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by the ENGINEER, obtain advice of an attorney, insurance counselor and other consultants as the COUNTY deems appropriate for such examination and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of the ENGINEER. 4.6 The proposed language of certificates or certifications requested of the ENGINEER or the ENGINEER'S consultants shall be submitted to the ENGINEER for review and approval at least 14 days prior to execution. The COUNTY shall not request certifications that would require knowledge or services beyond the scope of this Agreement. 4.7 The COUNTY shall also provide those specific items identified in the attached Exhibit A incorporated by reference hereto — ITEMS TO BE PROVIDED BY THE COUNTY TO THE ENGINEER. ARTICLE V CONSTRUCTION COST 5.1 DEFINITION 5.1.1 The Construction Cost shall be the total cost or estimated cost to the COUNTY of all elements of the Project designed or specified by the ENGINEER. 5.1,2 The Construction Cost shall include the cost at current market rates of labor and materials furnished by the COUNTY and equipment designed, specified, selected or specially provided by the ENGINEER, plus a reasonable allowance for the Contractor's overhead and profit. In addition, a reasonable allowance for contingencies shall be included for market conditions at the time of bidding and for changes in the work during construction. 5.1.3 Constriction Cost does not include the compensation of the ENGINEER and the ENGINEER'S consultants, the costs of the land, right-of-way, financing or other costs which are the responsibility of the COUNTY. 5.2 RESPONSIBILITY FOR CONSTRUCTION COSTS 5.2.1 Evaluations of the COUNTY'S Project budget, preliminary estimates of Construction Cost and detailed estimates of Construction Cost, if any, prepared by the ENGINEER, represent the ENGINEER'S best judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the ENGINEER nor the COUNTY has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, Agreement aehveen County and Engineer Page 3 of 10 or over competitive bidding, market or negotiating conditions. Accordingly, the ENGINEER cannot and does not warrant or represent that bids or negotiated prices will not vary from the COUNTY'S Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to by the ENGINEER. ARTICLE VI USE OF ENGINEER'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS 6.1 The COUNTY shall be the absolute and unqualified owner of all drawings, preliminary layouts, record drawings, sketches and other documents prepared pursuant to this Agreement by the ENGINEER with the same force and effect as if the COUNTY prepared same. Copies of complete or partially completed mylar reproducible, preliminary layouts, record drawings, sketches and other documents prepared pursuant to this Agreement shall be delivered to the COUNTY when and if this Agreement is terminated or upon completion of this Agreement, whichever occurs first. The ENGINEER may retain one set of reproducible copies of the documents and these copies shall be for the ENGINEER'S sole use in preparation of studies or reports for the COUNTY. The ENGINEER is expressly prohibited from selling, licensing, or otherwise marketing or donating these documents, or using the documents in preparation of other work for any other client, without the prior express written permission of the COUNTY, 6.2 All documents including reports, drawings and specifications prepared by the ENGINEER pursuant to this Agreement are instruments of service in respect of the Project. They are not intended or represented to be suitable for reuse by the COUNTY or others on extensions of the Project or on any other project. Any reuse without written verification or adaptation by the ENGINEER for the specific purposes intended will be at the COUNTY'S sole risk and without liability or legal exposure to the ENGINEER. Any such verification or adaptation will entitle the ENGINEER to further compensation at rates to be agreed upon by the COUNTY and the ENGINEER. 6.3 Submission or distribution of documents to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the ENGINEER'S reserved rights. ARTICLE VH TERMINATION, SUSPENSION OR ABANDONMENT 7.1 This Agreement may be terminated by either party upon not less than fourteen (14) days written notice should the other patty fail to substantially perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. 7.2 If the COUNTY suspends the Project for more than thirty (30) consecutive days, the ENGINEER shall be compensated for services performed prior to notice of such suspension. 7.3 This Agreement may be terminated by the COUNCY upon not less than fourteen (14) days written notice to the ENGINEER in the event that the Project is permanently abandoned. If the COUNTY abandons the Project for more than ninety (90) consecutive days, the ENGINEER may terminate this Agreement by giving written notice. Agreement Between Cmmty and Engineer � � Page 4 of 10 7.4 if the COUNTY fails to give prompt written authorization to proceed with any phase of services after completion of the immediately preceding phase, the ENGINEER may, after giving seven (7) days written notice to the COUNTY, suspend services under this Agreement. 7.5 Failure of the COUNTY to make payments to the ENGINEER in accordance with this Agreement shall be considered substantial nonperformance and cause for termination. 7,6 If the COUNTY fails to make payment when due to the ENGINEER for services and expenses, the ENGINEER may, upon seven (7) days written notice to the COUNTY, suspend performance of services under this Agreement. Unless the ENGINEER receives payment in full within seven (7) days of the date of the notice, the suspension shall take effect without further notice. In the event of a suspension of services, the ENGINEER shall have no liability to the COUNTY for delay or damage caused by the COUNTY because of suspension of set -vices. 7.7 In the event of termination that is not the fault of the ENGINEER, the ENGINEER shall be compensated for services performed prior to termination, together with Reimbursable Expenses, if any, then due. ARTICLE VIII MISCELLANEOUS PROVISIONS 8.1 Unless otherwise provided, this Agreement shall be governed by the law of the principal place of business of the COUNTY. Venue for any dispute or disagreement regarding the terms of this Agreement shall be in Brazos County, Texas. 8.2 Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to have accrued and the applicable statutes of limitation shall commence to run not later than either the date of Substantial Completion, or the date of issuance of the final Certificate for Payment for acts or failures to act occurring after Substantial Completion. 8.3 The COUNTY and the ENGINEER, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representative of such other party with respect to all covenants of this Agreement. Neither the COUNTY nor the ENGINEER shall assign this Agreement without the express written consent of the other party. 8.4 This Agreement represents the entire integrated agreement between the COUNTY and the ENGINEER and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both the COUNTY and the ENGINEER. 8.5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the COUNTY or the ENGINEER. 8.6 Unless otherwise provided for in this Agreement, the ENGINEER and the ENGINEER'S consultants have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons to, hazardous materials in any form at the Project site, including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB) or other toxic substances. Agreement Beimmi County and Engineer Page 5 of 10 8.7 The ENGINEER shall have the right to include representations of the design of the Project, including photographs, among the ENGINEER'S promotional professional materials. The ENGINEER'S materials shall not include the COUNTY'S confidential or proprietary information, if the COUNTY has previously advised the ENGINEER in writing of the specific information considered by the COUNTY to be confidential or proprietary. 8.8 COMPLIANCE AND STANDARDS. The ENGINEER agrees to perform the work hereunder in accordance with generally accepted standards applicable thereto, and shall use that degree of care and skill commensurate with the engineering profession to comply with all applicable state, federal and local laws, ordinances, rules and regulations relating to the work to be performed hereunder and the ENGINEER'S performance, 8.9 SURVEYING SERVICES: In accordance with the Professional Land Surveying Practices Act of 1989, the COUNTY is informed that any complaints about surveying services may be forwarded to the Texas Board of Professional Land Surveying, 7701 North Lamar, Suite 400, Austin, Texas 78752, (512) 452-9427. 8.10 INDEMNIFICATION: ENGINEER shall save and hold harmless the COUNTY from and against any and all claims and liability due to activities of the ENGINEER, its agents or employees, performed under this Agreement and which result from any negligent act, error, or omission of the ENGINEER, or of any person employed by the ENGINEER. The ENGINEER shall also save harmless the COUNTY from and against any and all expenses, including attorney's fees which might be incurred by the COUNTY in litigation, or otherwise, resisting said claims or liabilities which might be imposed on the COUNTY as the result of such activities by the ENGINEER, its agents or employees. 8.11 LIQUIDATED DAMAGES: It is acknowledged that the ENGINEER's failure to achieve substantial completion of the Work within the Contract Time provided by the Contract Documents will cause the COUNTY to incur substantial economic damages and losses of types and in amounts which are impossible to compute and ascertain with certainty as a basis for recovery by the COUNTY of actual damages, and that liquidated damages represent a fair, reasonable and appropriate estimate thereof. Accordingly, in lieu of actual damages for such delay, the ENGINEER agrees that liquidated damages may be assessed and recovered by the COUNTY as against ENGINEER and its Surety, in the event of delayed completion and without the COUNTY being required to present any evidence of the amount or character of actual damages sustained by reason thereof, therefore ENGINEER shall be liable to the COUNTY for payment of liquidated damages in the amount of $0 for each day that Substantial Completion is delayed beyond the Contract Time as adjusted for time extensions provided by the Contract Documents. Such liquidated damages are intended to represent estimated actual damages and are not intended as a penalty, and ENGINEER shall pay them to COUNTY without limiting COUNTY's right to terminate this agreement for default as provided elsewhere herein. Agreement Batmen County and Engineer Page 6 or 10 Vol. _0?_�7_ P(3.a-3o ARTICLE IX PAYMENTS TO THE ENGINEER 9.1 PAYMENTS ON ACCOUNT OF BASIC SERVICES 9.1.1 Upon approval by the COUNTY, or the COUNTY'S designee, payment for Basic Services shall be made monthly and shall be in proportion to services performed that month within each phase of service. 9.2 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES 9.2.1 Upon approval by the COUNTY or the COUNTY'S designee of the ENGINEER'S statement of services rendered or expenses incurred, payment on account of the CNGINEER'S Additional Services and for Reimbursable Expenses shall be made monthly. 9.3 PAYMENTS WITHHELD 9.3.1 No deductions shall be made from the ENGINEER'S compensation on account of penalty, liquidated damages or other sums withheld from payments to Contractors, or on account of the cost of changes in the Work other than those for which the ENGINEER has been found to be liable. 9.4 ENGINEER'S ACCOUNTING RECORDS 9.4.1 Records of Reimbursable Expenses pertaining to Additional Services and services performed on an hourly basis shall be available to the COUNTY or the COUNTY'S authorized representative at mutually convenient times. 9.5 LIMIT OF APROPRIATION 9.5.1 Prior to the execution of this Agreement, the ENGINEER has been advised by the COUNTY and the ENGINEER fully understand and agrees, such understanding and agreement being of the absolute essence to this Agreement, that the total maximum compensation that ENGINEER may become entitled to hereunder, and the total maximum sum that the COUNTY shall become liable to pay to the ENGINEER hereunder, shall not, under any conditions, circumstances or interpretations hereof, exceed the sum certified as available by the County Auditor in the Auditor's Certificate attached hereto. ARTICLE X BASIS OF COMPENSATION The COUNTY shall compensate the ENGINEER from funds obtained through current revenue of Brazos County as follows: 10.1 BASIC COMPENSATION 10.1.1 For Basic Services, as described in Article 2, Basic Compensation shall be computed as follows: Agreement Betwwn County and Engineer Page 7 of 10 LOL ��%_- . Pg V'�3J— In accordance with the attached Exhibit "A" incorporated by reference hereto, SCHEDULE OF FEES. 10.2 COMPENSATION FOR ADDITIONAL SERVICES 10.2.1 For Additional Services of the ENGINEER, as described in Article 3, compensation shall be computed as follows: In accordance with the attached Exhibit "A" incorporated by reference hereto, SCHEDULE OF FEES. 10.3 COMPENSATION FOR CONTINGENT ADDITIONAL SERVICES 10.3.1 For Contingent Additional Services of the'ENGINEER, as described in Article 3, compensation shall be computed as follows: In accordance with the attached Exhibit "A" incorporated by reference hereto, SCHEDULE OF FEES. 10.3.2 Payments shall be made by the COUNTY in accordance with Texas Government Code Chapter 2251. The COUNTY shall pay the ENGINEER'S statement as approved by the COUNTY's designee within thirty (30) days after the COUNTY'S designee's approval of the same, provided that the approval or payment of any such statement shall not be considered to be evidence of performance by the ENGINEER to the point indicated by such statement or of receipt or acceptance by the COUNTY or the work covered by such statement. ARTICLE XI OTHER CONDITIONS OR SERVICES 11.1 INSURANCE 11.1.1 The ENGINEER shall file with the COUNTY a Certificate of Errors and Omissions Insurance having minimum limits of One Million and No/100 Dollars ($1,000,000,00) for each occurrence and annual One Million and No/100 Dollars ($1,000,000.00) aggregate. Such Errors and Omissions Insurance shall have a deductible not in excess of Two Hundred Thousand and No/] 00 Dollars ($200,000.00) self-insured. Such Certificate shall bear the endorsement "Not to be canceled without thirty (30) days prior notice to BRAZOS COUNTY, TEXAS." The ENGINEER shall maintain the Errors and Omissions Insurance at all times this Agreement is in effect and for a period of five (5) years after completion of the Project. Failure to maintain the required insurance shall be deemed to be a material breach of this Agreement. I1..2 The ENGINEER shall also provide Worker's Compensation, automobile and comprehensive general liability policies. The ENGINEER shall deliver the insurance certificates to the COUNTY. The coverage provided herein shall contain an endorsement providing thirty (30) days notice to the COUNTY prior to any cancellation of coverage. Said coverage shall be written by an insurer acceptable to the COUNTY and shall be in a form acceptable to the COUNTY. If the ENGINEER has canceled or allowed to lapse any of these insurance policies then the COUNTY may pay for such insurance and may hold the amount of such payment out of the ENGINEER's fees or be otherwise reimbursed. Failure to maintain the required insurance shall be deemed to be a material breach of this Agreement. Agrcemenl Eemcea County and Engineer Page 8 of 10 IV -0 l.07- - --- - J 11.2 PERIODS OF SERVICE 11.2.1 The ENGINEER shall begin work immediately upon receipt of the Notice -to -Proceed in writing by the COUNTY or the COUNTY's designee. The project will proceed according to the schedule shown in Exhibit "A." The schedule makes certain assumptions regarding review processes and other activities that are beyond the control of the ENGINEER. 11.2.2 Working days shall be defined as standard workdays between Monday and Friday, exclusive of holidays. 11.2.3 This schedule assumes an orderly progression of the ENGINEER'S services. Delays beyond the control of the ENGINEER may be cause for extension of this period of service, in which case the ENGINEER shall submit in writing to the COUNTY its request for such extensions a minimum of thirty (30) calendar days prior to the end of the affected service period. 11.2.4 If the COUNTY has requested significant modifications or changes in the general scope, extent or character of the Project, the time or performance of the ENGINEER'S services shall be adjusted equitably. Agreement 9Uween C.wdy and Engineer y Val. Pg. Page 9 of 10 �3,-- --- This Agreement entered into as of the day and year first written above. The:und.ersigned officers Anil/or, agents of the patties hereto are. the properly authorized.officials and have the necessary authority to execute this Agieement,on behalf of the.:.parties hereto;; and each party hereby carbfies to. the o,tlter that any necessary resolution extending said authority have been dulypasscd and amnow in force and, effect. BRAZOS'COUNTY, TEXAS MO NrimuNG nRm Duane Peters, County Acting by and -through the authority of the Brazos County Commissioners Court Attest: CorCterlc Approved as to Forrri:. Assistant, County Attorney Agreement Ddmcn Ceunty. and Engineer . IIage'10 of 10 R.; Alan, Munger, PE, CFM Brazos County Engineer Brazos County Road & Bridge 2617 W.'HWY 21 Bryan., Texas 77803 June 27, 2016 RE; Proposal and Scope of -Work for Final Engineering & Construction Drawings for the Improvement of Four Bridge Locations throughout Brazos County, Texas Dear Alan;. Thank you for the opportunity to provide professional engineering services for 'fhe improvement of up to four (4) bridges locations. throughout Brazos County; Texas. We have itemized the bridge locations below: Bridge Locations: 1: Rabbit Road at Thompsons Creek (not Thompsons Branch) 2: Dick Elliott Road 42 (Wickson Creek Tributary 451- Eastern Crossing) 3. Dick Elliot( Road #3 (Wickson Creek Tributary45 - Western Crossing) 4. Jack Manning Road at Cobb.Branch We have assume. (hat 'Brazos=County will obtain permission for access from all property owners affected by bridge improvements. Based on our understanding of the project scope, you would like ;us'to "provide the following."services in the Design Phase: 1. Site Topographic Survey 2. .Hydrology Study to determine fhe'appropriate range of flows for the bridge location 3. Hydraulic Study to determine the appropriate. bridge size 4. Design of Roadway including horizontal and vertical alighments 5. Structural Design of Bridges 6. SWPPP' 7. Traffic Control Plan 8. Identification and coordination with'all utilities and regulatory agencies. 9. Construction -drawing and Bidding Documents This proposal does NOT include the following services: 1. Title Report for.Easement Research and Documentation 2: Geotechnlcal; Investigation 3. Environmental Site Survey /'Phase 1. Environmental Impact Statement 4. The mitigation orre'mediatimi of any environmental impacts from the project (no adverse impacts are anticipated.). 5: Construction Materials Testing 3704 EARL RUDDER,FREEWAMOUTH • COLLEGE -STATION T%77045 .1.979460 6963 FIRM 01443: 6VILEN6I4ERING NYDMULKS NY6ROL60 UTILITIE5 STREETS 511-EPLANS Sp901VISIOM iefof➢miLhellandNP.Ty]n.S41A• www.mi(dicllafmlmoT9an,com IVOI-7��Zi 6. Street Lights (none expected) 7. Detention (generally not associated with roadway projects) 8. Construction Administration (task to be performed by Brazos County) 9. ROW acquisition / platting / purchase 10. Traffic Impact Analysis 11. Written Drainage Report (drainage areas, lag calculations, flows construction drawings.) to be reflected on Cost $1501hr Principai Desigri Engineer................................................................................. $135/hr Location $110/hr Jr. Professional Design Engineer.................................................................... $1001hr Item #1 Rabbit Road @ Thompsons #2 Dick Elliott Rd @ Wickson T45 #3 Dick Elliott Rd @ Wickson T45 #4 Jack Manning @ Cobb Branch TopoSurvey $ 6,050.00 $ 6,050.00 $ 7,150.00 $ 6,050.00 Hydrology $ 1,500.00 $ $ - $ 1,500.00 Hydraulics $ 4,000.00 $ 4,000.00 $ 4,000.00 $ 4,000.00 Structural $ 3,440.00 $ 3,440.00 $ 3,440.00 $ 3,440.00 Construction Drawings $ 2,500.00 $ 2,500.00 $ 2,500.00 $ 2,500.00 Total per Bridge Location $ 17,490.00 $ 15,990.00 $ 17,090.00 $ 17,490.00 Total for all 4 Bridges $ 68 060.00 The total fee for this project shall be $68,060.00, Services not utilized will not be billed. If there are other services that you desire, we will provide those services on an hourly basis at the rates described below. Hourly Rates: Sr. Professional Engineer—Development Coordination .................................... $1501hr Principai Desigri Engineer................................................................................. $135/hr Sr. Professional Design Engineer.................................................................... $110/hr Jr. Professional Design Engineer.................................................................... $1001hr StaffPlanner..................................................................................................... $95/hr Project Coordinator........................................................................................... $90/hr GIS Technician.................................................................................................. $851hr Sr. EIT.............................................................................................................. $85/hr Jr. EIT.............................................................................................................. $751hr Drafter.............................................................................................................. $65/hr Administrative.................................................................................................... $55/hr We do require a signed contract to begin work and we have attached one for your signature. Invoices will be submitted monthly based on work completed during that month. Reimbursable vol. _ ��, pg. 4 _ i items such as other professional services, printing, copying, shipping and mailing, etc. will be covered by Mitchell & Morgan, LLP up to a maximum of $500.00 and billed at cost or invoice plus ten percent and reimbursed during the monthly billing cycle. Please let us know.if you have any questions or comments. We really look forward to working with you on this project. Sincerely, Joel J, Mitchell, PE Partner cc: file Vol. __��% Pg. a3%� 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 Revised Statutes of the State of Texas. (Texas Local Government Code, 114.026) j r��4h Witness my hand this day of A.D. 2016 Karen McQueen County Clerk, County of BRAZOS, State of Texas -i-1. Examined and approved in open Commissioners' Court this t day of Treasurer's Report for the MONTH Duane Peters, County Judge Lloyd VAssermann, Commissioner Precinct #1 i, /;49 S y atale a, Commissioner Precinct #2 Vol, pg. Vol. %pg - L EMU -N Om Xf 8 E 2 Ell GI I Id rj . . . . . . . . . . . . . . . . . . . g gag &'8o8 ftgd n v R �i s 8 2 g G� �q 8 A p m a g m K R �R 8 go Vol. %pg - L BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2015-2016 BUDGET YEAR NO. 15/16 41.1- 41.2 On this the 12th day of July 2016 at a regular meeting of the Commissioners' Court, the following members were present: A. Duane Peters, County Judge, Presiding B. Lloyd Wassermann, Commissioner, Precinct 1 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 WHEREAS, on 12th day of July 2016 the Court heard and approved a budget amendment for the 2015-2016 budget year for Brazos County, Texas; and WHEREAS, expenditure is necessary due to the necessity to meet unusual and unforeseen conditions which could not be reasonably included in the original budget adopted 8 September 2015, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 12th day of July 2016. THE COINBUSSIONERS COURT OF BRAZOS COUNTY, TEXAS. By: Duane Peters, County Ju ge Original: County Clerk's Office and Attached to the original budget VOL pg"ZIA 11 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 15116 - 41.1 7112/2016 FUNDI DIV ACCT PROJ DRICR ACCOUNT NAME Increase Decrease 4500 63000500 80211000 CR Computer -Software 4,655.00 4500 91300000 DR Transfer to General Fund 4,655.00 0100 49015000 CR Transfer from Capital Improvement Fund 4,655.00 0100 14000200 67211000 DR Software 4,655.00 General Capital Improvement and I.T. Services Reallocation of funds to the correct division and account for the Patch Management Automation project General Capital Improvement Proi is for FY 16. that was approved under the Date,,;,1,? 612016 Vol. __� 17- Pg.a `1r BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 15116.41.2 7/12/2016 FUNDI DIV I ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 11001500 61130000 CR Contingency 84,000.00 0100 11000100 53310000 DR Retiree Health Insurance 84 000.00 General Fund Contingency and Commissioners Court Admin. Reallocation of funds to the correct division and account to cover the increase in retiree health insurance coverage for the remainder of FY 16. Vol. Z.? pg. �/-2 r�_ PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: July 12, 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 County Attorney McFarland, Nessa Separation District Attorney Johnston, Lori New Hire District Clerk Brown, Melinda New Hire Fiori, Jennifer Separation Hernandez, Rachel Change of Status Johnson, Kayla Change of Status McAleese, Megan Change of Status O'Gilvie, Amber Change of Status Stelma, John Change of Status Wersig, Michael Change of Status Williams, Heather Change of Status Elections Administrator Elliott, Victoria Change of Status Ocon, Krystal Change of Status Jury Services Hickman, Jordyn Change of Status Kensinger, Amberly Separation Juvenile Services —Academy Zimmerman, Lori Change of Status Sheriffs Office — Detention Jordan, Cody Separation Approved in Commissioners' County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) Vol, Pg0�17-13