HomeMy WebLinkAbout2016-09-20 10:00AM REGULAR MEETINGBRAZOS COUNTY
BRYAN,TEXAS
NOTICE OF MEETING AND AGENDA
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BRAZOS COUNTY COMMISSIONERS COURT
THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN
REGULAR SESSION ON SEPTEMBER 20, 2016AT 10:00 AM IN THE
COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION
BUILDING, 200 SOUTH TEXAS AVE., SUITE 106, BRYAN, TX 77803
Invocation and Pledge of Allegiance
- U.S. and Texas Flag - Chaplain G.H. Jones and Commissioner Cauley
2. Call for Citizen input and/or concerns
Consider and take action on agenda items 3-27:
3. Appointment of Phyllis B. James to the Local Workforce Development Board
representing Adult Basic & Continuing Education; term of appointment is 10/1/2016 -
9/30/2019.
4. Designation of the day of the week and the location for Commissioners Court to
convene into Regular Session each week during FY 2017.
5. Proposed county holidays for the 2017 calendar year.
6. Request approval for Out of State Travel for Jail Administrator Wayne Dicky to speak at
the National Association for Civilian Oversight of Law Enforcement Conference in
Albuquerque, NM September 26-28.
7. Payment authorization in the amount of $260.00 to Diners card airfare cost for some
witnesses in a case; a purchase order was not obtained in advance.
8. Approval of the following Job Descriptions:
• a. Temporary Attendant, Building and Grounds -1040 hours (Class Code 0832,
Position 15) for Exposition Complex
• b. Teacher (Class Code 1557, Position 1) for Sheriff's Office -Jail (Inmate
Commissary)
9. Approval of the TCDRS Elected Rate for 2017. Brazos County has elected a rate of
Vol. a Pg. 1 `�
14%. Brazos County also elects to pay an additional $1,000,000 to be deposited into
Brazos County's account with TCDRS.
10. Request to perform US Army Special Operations military training in Brazos County.
11. Approval of the Medical and Dental Premiums for FY 2017 and the effective dates.
12. Approval of the Blue Cross/Blue Shield Renewal Documents for 2017.
13. Approval of Business Associate Agreement with Bethesda Healthcare, Inc. for the
Healthy Directions Program
14. Consider and accept grant from Texas Bar Association Historical Committee for
preservation and restoration of original Brazos County docket books. This grant will
include complete restoration of original docket books that will be retained by Brazos
County. In addition there will be two duplicates created with one being on display at
Baylor and another in Brazos County for public viewing and accessibility.
15. Renewal of agreement between City of Bryan and Brazos County for Housing City of
Bryan Prisoners in the Brazos County Detention Center for Fiscal year 2017.
16. Request approval of Agreement between Offender Watch and Brazos County for period
of October 1, 2016 thru September 30, 2017.
17. Approval of the following funding agreements for FY 2017:
• a. Arts Council of Brazos Valley
• b. Brazos County Precinct 3 Volunteer Fire Department, Inc.
• c. Brazos County Precinct 4 Volunteer Fire Department, Inc.
• d. Brazos Valley Council of Governments for Indigent Health
• e. District 2 Volunteer Fire Department, Inc.
• f. Easter Seals East Texas, Inc.
• g. Keep Brazos Beautiful, Inc.
• h. Mental Health Mental Retardation Authority of Brazos Valley
• i. South Brazos County Fire Department, Inc.
• j. Research Valley Partnership, Inc.
• k. Scotty's House Child Advocacy Center
• 1. Texas A&M University System for the benefit of Easterwood Airport
18. Fourth Renewal Lease Agreement with Brazos County Emergency Services District #1
for the purpose of a substation of the Brazos County Sheriffs Office in southern Brazos
County, Texas for FY 2017.
19. Renewal of contract #17-080R for Lane Striping and Pavement Markers with N -LINE
Traffic Maintenance.
20. Approval of contract # 17-207 Verizon Wireless Customer Agreement for County
cellular and data plan services through DIR contract # DIR-TSO-3415.
21. Final Plat of Axis Pipe And Tube, Lot 1 Block 1; 182.731 Acres; L. McLaughlin Survey,
A-38; (Bryan ETJ) Brazos County, Texas. Site is located in Precinct 4.
22. Tax Refund Applications for the following:
• a. Claudia Blocker -overpayment -$414.65
• b. Ann M. Payne-overpayment$17.19
• c. Ridgelake Corp -overpayment -$36.67
• d. Laura Hancock -overpayment -$28.66
23. Budget Amendments.
Budget Amendments FY 15/16 51.1 - 51.4
24. Personnel Change of Status.
Personnel Action Forms
25. Payment of Claims.
26. Convene into Executive Session pursuant to Texas Government Code 551.0785 for
deliberations involving medical or psychiatric records of a county employee.
27. Consider and possible action on executive session.
28. Acknowledgement of the following contract that have been renewed and approved by
Community Supervision Corrections Department.
• a. The Counseling Center
• b. Recovery Healthcare Corporation
• c. Roy R. Luepnitz, Ph. D.
• d. Pam Perlitz, LPC, LCDC, LMFT
• e. Brazos Valley Health and Wellness, LLC
29. Sheriffs report on inmate population.
30. Announcement of interest items and possible future agenda topics.
31. Call for Citizen input and/or concerns
32. Adjourn.
Vol. _,,� e -r f pg, .5 5
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 7 and Section 18 of the Texas Constitution. As a
Constitutional Court, the Brazos County Commissioners Court also possesses the power to issue a Contempt of Court Citation
under Section 81.024 of the Texas Local Government Code. Accordingly, members of the public in attendance at any Regular,
Special and/or Emergency meeting of the Court shall conduct themselves with proper respect and decorum in speaking to,
and/or addressing the Court; in participating in public discussions before the Court; and in all actions in the presence of the
Court. Those members of the public who are inappropriately attired and/or who do not conduct themselves in an orderly and
appropriate manner will be ordered to leave the meeting. Refusal to abide by the Court's Order and/or continued disruption of
the meeting may result in a Contempt of Court Citation.
It is not the intention of the Brazos County Commissioners Court to provide a public forum for the demeaning of any individual or
group. Neither is it the intention of the Court to allow a member (or members) of the public to insult the honesty and/or integrity
of the Court, as a body, or any member or members of the Court, or County employees, individually or collectively. Accordingly,
profane, insulting or threatening language directed toward the Court and/or any person in the Court's presence and/or racial,
ethnic or gender slurs or epithets will not be tolerated. Violation of these rules may result in the following sanctions:
1. cancellation of a speaker's time;
2. removal from the Commissioners Court;
3. a Contempt Citation; and/or
4. such other and/or criminal sanctions as may be authorized
under the Constitution, Statutes and Codes of the State of Teras.
The County Commissioners Court can deliberate or take action only if a matter has been listed on an agenda properly posted
prior to the meeting. During the public comment period, speakers may address matters not listed on the published agenda. The
Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court. However, responses
from the County Judge or Commissioners to unlisted public comment topics could become deliberation on a matter without
notice to the public. To ensure the public has notice of all matters the Commissioners Court wAl consider, the County Judge
and/or Commissioners may choose not to respond to public comments, except to correct factual inaccuracies, recite eAsting
policy in response to an inquiry or to ask that a matter be listed on a future agenda. See Teras 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. -41 / Pg,
MINUTES
SEPTEMBER 20, 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,
September 20, 2016 with the following members of the Court present:
Duane Peters, County Judge, Absent;
Lloyd Wassermann, Commissioner of Precinct 1;
Sammy Catalena, Commissioner of Precinct 2;
Kenny Mallard, Commissioner of Precinct 3;
Irma Cauley, Commissioner of Precinct 4, Presiding;
Karen McQueen, County Clerk, Absent.
The attached sheets contain the names of the citizens and officials that were in
attendance.
Invocation and Pledge of Allegiance
- U.S. and Texas Flag - Chaplain G.H. Jones and Commissioner Cauley
Commissioner Cauley led the prayer in Chaplain Jones' absence.
2. Call for Citizen input and/or concerns
There was no citizen's input.
Consider and take action on agenda items 3-27:
3. Appointment of Phyllis B. James to the Local Workforce Development Board
representing Adult Basic & Continuing Education; term of appointment is 1011/2016 -
9/30/2019.
Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by
Commissioner Irma Cauley. Passed. 4-0. Ayes: Catalena, Cauley, Mallard,
Wassermann. Absent: Peters.
4. Designation of the day of the week and the location for Commissioners Court to
convene into Regular Session each week during FY 2017.
The Court voted unanimously to designate Tuesday at 10:00 a.m. as the regular meeting
of the Commissioners Court. The meeting will take place in the Commissioners
Courtroom at 200 South Texas Avenue, Suite 106, Bryan, Texas 77803.
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner LLoyd Wassermann. Passed. 4-0. Ayes: Catalena, Cauley, Mallard,
Wassermann. Absent: Peters.
Proposed county holidays for the 2017 calendar year.
The Court approved as submitted the following holidays for 2017:
Monday, January 2, 2017 - New Years Day
Monday, January 16, 2017 - Martin Luther King, Jr. Holiday
Friday, April 14, 2017 - Good Friday
Monday, May 29, 2017 - Memorial Day
Tuesday, July 4, 2017 - Independence Day
Monday, September 4, 2017 - Labor Day
Thursday & Friday, November 23 & 24, 2017 - Thanksgiving
Monday & Tuesday, December 25 & 26, 2017 - Christmas
"One Day- Floating Holiday
` Employee's choice; requires supervisor approval in advance.
Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner
Irma Cauley. Passed. 4-0. Ayes: Catalena, Cauley, Mallard, Wassermann. Absent:
Peters.
Request approval for Out of State Travel for Jail Administrator Wayne Dicky to speak at
the National Association for Civilian Oversight of Law Enforcement Conference in
Albuquerque, NM September 26-28.
Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by
Commissioner Sammy Catalena. Passed. 4-0. Ayes: Catalena, Cauley, Mallard,
Wassermann. Absent: Peters.
Payment authorization in the amount of $260.00 to Diners card airfare cost for some
witnesses in a case, a purchase order was not obtained in advance.
---------------
Vol. pg y �'
This payment authorization was requested by the District Attorney's Office.
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner Kenny Mallard. Passed. 4-0. Ayes: Catalena, Cauley, Mallard,
Wassermann. Absent: Peters.
Approval of the following Job Descriptions:
• a. Temporary Attendant, Building and Grounds - 1040 hours (Class Code 0832,
Position 15) for Exposition Complex
• b. Teacher (Class Code 1557, Position 1) for Sheriff's Office - Jail (Inmate
Commissary)
Commissioner Wassermann asked Jail Administrator Wayne Dicky for a brief
description of the teacher position. Deputy Dicky stated that the teacher would lead
GED classes, English as a second language classes, and college preparation classes.
A copy of the job descriptions is attached.
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner Kenny Mallard. Passed. 4-0. Ayes: Catalena, Cauley, Mallard,
Wassermann. Absent: Peters.
9. Approval of the TCDRS Elected Rate for 2017. Brazos County has elected a rate of
14%. Brazos County also elects to pay an additional $1,000,000 to be deposited into
Brazos County's account with TCDRS.
A copy of the plan assessment for 2017 is attached.
Motion: Approve, Moved by Commissioner -Loyd Wassermann, Seconded by
Commissioner Sammy Catalena. Passed. 4-0. Ayes: Catalena, Cauley, Mallard,
Wassermann. Absent: Peters.
10. Request to perform US Army Special Operations military training in Brazos County.
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner Kenny Mallard. Passed. 4-0. Ayes: Catalena, Cauley, Mallard,
Wassermann. Absent: Peters.
11. Approval of the Medical and Dental Premiums for FY 2017 and the effective dates.
A copy is attached.
Motion: Approve, Moved by Commissioner -Loyd Wassermann, Seconded by
Commissioner Sammy Catalena. Passed. 4-0. Ayes: Catalena, Cauley, Mallard,
Wassermann. Absent: Peters.
12. Approval of the Blue Cross/Blue Shield Renewal Documents for 2017.
Vol.
Purchasing Agent Charles Wendt asked the Court to table this item until the following
week. Mr. Wendt stated that the documents were not in order at this time.
On motion by Commissioner Catalena, seconded by Commissioner Mallard, the Court
voted unanimously to table this item.
Motion: Table, Moved by Commissioner Sammy Catalena, Seconded by Commissioner
Kenny Mallard. Passed. 4-0. Ayes: Catalena, Cauley, Mallard, Wassermann. Absent:
Peters.
13. Approval of Business Associate Agreement with Bethesda Healthcare, Inc. for the
Healthy Directions Program
A copy of the agreement is attached.
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner Kenny Mallard. Passed. 4-0. Ayes: Catalena, Cauley, Mallard,
Wassermann. Absent: Peters.
14. Consider and accept grant from Texas Bar Association Historical Committee for
preservation and restoration of original Brazos County docket books. This grant will
include complete restoration of original docket books that will be retained by Brazos
County. In addition there will be two duplicates created with one being on display at
Baylor and another in Brazos County for public viewing and accessibility.
A copy of the grant application is attached.
Motion: Approve, Moved by Commissioner Lloyd Wassermann, Seconded by
Commissioner Sammy Catalena. Passed. 4-0. Ayes: Catalena, Cauley, Mallard,
Wassermann. Absent: Peters.
15. Renewal of agreement between City of Bryan and Brazos County for Housing City of
Bryan Prisoners in the Brazos County Detention Center for Fiscal year 2017.
A copy of the agreement is attached.
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner -Loyd Wassermann. Passed. 4-0. Ayes: Catalena, Cauley, Mallard,
Wassermann. Absent: Peters.
16. Request approval of Agreement between Offender Watch and Brazos County for period
of October 1, 2016 thru September 30, 2017.
A copy of the agreement is attached.
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner -Loyd Wassermann. Passed. 4-0. Ayes: Catalena, Cauley, Mallard,
CV01. � Pg. 6
Wassermann. Absent: Peters.
17. Approval of the following funding agreements for FY 2017:
• a. Arts Council of Brazos Valley
• b. Brazos County Precinct 3 Volunteer Fire Department, Inc.
• c. Brazos County Precinct 4 Volunteer Fire Department, Inc.
• d. Brazos Valley Council of Governments for Indigent Health
• e. District 2 Volunteer Fire Department, Inc.
• f. Easter Seals East Texas, Inc.
• g. Keep Brazos Beautiful, Inc.
• h. Mental Health Mental Retardation Authority of Brazos Valley
• i. South Brazos County Fire Department, Inc.
• j. Research Valley Partnership, Inc.
• k. Scotty's House Child Advocacy Center
• I. Texas A&M University System for the benefit of Easterwood Airport
A copy of the funding agreements is attached.
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner Kenny Mallard. Passed. 4-0. Ayes: Catalena, Cauley, Mallard,
Wassermann. Absent: Peters.
18. Fourth Renewal Lease Agreement with Brazos County Emergency Services District #1
for the purpose of a substation of the Brazos County Sheriff's Office in southern Brazos
County, Texas for FY 2017.
A copy of the renewal of lease agreement is attached.
Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by
Commissioner Sammy Catalena. Passed. 4-0. Ayes: Catalena, Cauley, Mallard,
Wassermann. Absent: Peters.
19. Renewal of contract #17-080R for Lane Striping and Pavement Markers with N -LINE
Traffic Maintenance.
A copy of the renewal of contract is attached.
Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by
Commissioner Kenny Mallard. Passed. 4-0. Ayes: Catalena, Cauley, Mallard,
Wassermann. Absent: Peters.
20. Approval of contract # 17-207 Verizon Wireless Customer Agreement for County
cellular and data plan services through DIR contract # DIR-TSO-3415.
A copy of the contract is attached.
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner Kenny Mallard. Passed. 4-0. Ayes: Catalena, Cauley, Mallard,
Wassermann. Absent: Peters.
I I• `/ sig'-
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21. Final Plat of Axis Pipe And Tube, Lot 1 Block 1; 182.731 Acres, L. McLaughlin Survey,
A-38; (Bryan ETJ) Brazos County, Texas. Site is located in Precinct 4.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Kenny Mallard. Passed. 4-0. Ayes: Catalena, Cauley, Mallard, Wassermann. Absent:
Peters.
22. Tax Refund Applications for the following:
• a. Claudia Blocker -overpayment -$414.65
• b. Ann M. Payne-overpayment$17.19
• c. Ridgelake Corp -overpayment -$36.67
• d. Laura Hancock -overpayment -$28.66
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner LLoyd Wassermann. Passed. 4-0. Ayes: Catalena, Cauley, Mallard,
Wassermann. Absent: Peters.
23. Budget Amendments.
Budget Amendments FY 15/16 51.1 - 51.4
51.1 Reallocate funds for the Sheriff's Office.
51.2 Transfer funds from General Fund Contingency to General Capital Projects.
51.3 To recognize revenue for September 2016 State Aid -Juvenile Grant.
51.4 To recognize revenue for TXDOT-Statewide Plan & Research Grant.
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner LLoyd Wassermann. Passed. 4-0. Ayes: Catalena, Cauley, Mallard,
Wassermann. Absent: Peters.
24. Personnel Change of Status.
Personnel Action Forms
A copy of the Personnel Change of Status requests is attached.
Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by
Commissioner Kenny Mallard. Passed. 4-0. Ayes: Catalena, Cauley, Mallard,
Wassermann. Absent: Peters.
25. Payment of Claims.
Claims 7148306-7148549
F ----
Val. _ � �� 1 Pg.,
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner LLoyd Wassermann. Passed. 4-0. Ayes: Catalena, Cauley, Mallard,
Wassermann. Absent: Peters.
26. Convene into Executive Session pursuant to Texas Government Code 551.0785 for
deliberations involving medical or psychiatric records of a county employee.
At this point, Commissioner Cauley announced the Court would consider items 28
through 31 then return to convene into Executive Session.
Having considered the previously noted agenda items, at 10:29 a.m. Commissioner
Cauley stated that the Court would convene into Executive Session to deliberate
pursuant to Section 551.0785 as stated above.
The following individuals were asked to stay for the meeting:
Candy Gallego, Executive Assistant
Jennifer Salazar, Human Resources Director
Bill Ballard, Civil Counsel
Kendra Suhling, Civil Counsel
27. Consider and possible action on executive session.
At 10:41 a. m. Commissioner Cauley announced the meeting open to the public and on
motion by Commissioner Catalena, seconded by Commissioner Mallard, the Court
voted to approve a certain procedure for a specific Brazos County employee.
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner Kenny Mallard. Passed. 4-0. Ayes: Catalena, Cauley, Mallard,
Wassermann. Absent: Peters.
28. Acknowledgement of the following contract that have been renewed and approved by
Community Supervision Corrections Department.
• a. The Counseling Center
• b. Recovery Healthcare Corporation
• c. Roy R. Luepnitz, Ph. D.
• d. Pam Perlitz, LPC, LCDC, LMFT
• e. Brazos Valley Health and Wellness, LLC
The Court acknowledged the renewal of contracts approved by the Community
Supervision Corrections Department.
29. Sheriff's report on inmate population.
Sheriff Chris Kirk stated there were 630 inmates in jail, 27 have electronic monitors and
5 are pending for monitors.
30. Announcement of interest items and possible future agenda topics.
Commissioner Cauley stated that on Friday, September 23, 2016, the Research Valley
Partnership will host a presentation on Keeping PACE in Texas. The presentation is on
vol. �� / f'g..
saving energy and money, and is open to the public. Commissioner Cauley said that a
Workshop on the PACE program will be held on Tuesday, September 27, 2016, in the
Commissioners' Courtroom after the regular Commissioners' Court meeting.
Commissioner Cauley also announced that the Brazos Valley Veterans Memorial
Dedication of the Buffalo Soldiers will take place on Wednesday, September 21, 2016
at 6:00 p.m. at the Veterans Park Complex.
31. Call for Citizen input and/or concerns
Bill Ballard reminded everyone of the Texas Reds Festival taking place this weekend.
32. Adjourn.
Vol. `s % pJ -6,<l
The foregoing minutes of the Commissioners Court meeting held September 20, 2016
have been examined and are approved in open Court this 1141 day of
OVh Ly , 2016, in Bryan, Brazos County, Texas.
Duane Peters
County Judge
Lloyd Wassermarm
Commissioner, Precinct 1
Sammy Catale Kenny Mall
Commissio , Precinct 2 Commissioner, Precinct 3
Commissioner, Precinct 4
Attest:
Karen McQueen
County Clerk
BRAZOS COUNTY
COMMISSIONNEW S COURT
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^ ^ Brazos County Template Ram= i 20114MI2
�, yr Job Description
Last Updated: September 2015 RFQ
as EIVEp
Class Number. 1557_ $FP 14 ZQ�6 j
i Tice: Teacher
Pay Group j 16 . DepartmenL Shenfflall
FLSA Status rv� l Non Exempt Ti Reports To DO Sergeant (Programs)
Approved Date. 10/01/2015 EEOC Category ! Technicians v
Position End Temporary
1 Date: � 09/30/2016 Employee
'
Signature:
$ e1roaop`anorganize and Implement anappropriate fns•_inicllonal program In a learning environment that guides and encourages inmates to deveop_n1i
fulfill their academie poleMlal.
Essential Duties:. __
Other duties may be assigned. Plan, piiipare and deliver imtructlonaf activities that facilitate ecUve leaning Bzpedences; Develop schemes of work
and lesson plans; Establish and communicate Gear objectives for all teaming activities;, Prepare classroom for class aclivitiesl
Provide a variety of learning materials and resources for use In educational activdes;.Idwlfy and select different imiructional resources and
methods to meet students' varying needs; Provide appropriate feedback on work: Encourage and monitor the progress of individual students:
Maintain accurate and complete records of sludenls' progress and developments Manage student behavior In the classroom by establishing and i
enforcing rules and procedures; Follow rules and procedures for managing students in the correctional setting,
i .
Given:. This lIs o nnnsupervlsary position. _ ._ -
or
Preferred:
i
accredited Instilullon
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i
'Experience:___
P Required To perform this job successfully, an Individual must be ableto perform each essential duty satisfactonly. The
s requirements listed below are representative of the knowledge, skill, andlor ability required. Reasonable .
j accommodations maybe made to enable Individuals with disabilities to perform the essential functions. I
Preferred: 1
Cert cafes, Licenses,
Re istraffons I '
Required: Texas Teaching certificate �
i
Preferred:
P ysical Demands _i _ � . a_ _–
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Typical:: The physical demands descrihed here era representative of (hose that must be met by en employee la
successfully perform the essential functions of this job. Reasonable accommodations maybe made to enable
Individuals with disabilities to perform the essential functions. While performing the duties of this job, the
employee is regularly required to sit; use hands to finger, handle, or feel; reach with hands and arms; bend and
! kneel: and tale and hear. The employee frequently is required to stand and walk. The employee must
frequently lift andfor move objects weighing up to 20 pounds, such as books and stacks of records, and
! occasionally must lift andlor move objects weighing 50 pounds or more. Specific vision abilities required by this
I, job Include close vision, distance vision, peripheral vision, color vision, and ability to adjust focus.
Knowledge, { Skills,
Abilities.-
yp Standardb� eq 'LL..—. .___ _ _..-.,.-.___— „._..._.--_. ___--_. _._.....__.�.
Typical: uipment and computers. Operate computers. including word processing and spreadsheet !
sohware;:o rate fire and safety equipment and firearms; read and write reports, letters, and memos; perform
i basic mathematical calculations; analyze data; follow instructions; communicate effectively. both orally and in
writing; and maintain effective working relefionships with coworkers, prisoners, and the general public
I Work Environment
? Typical: !i The work environment characteristics described here are representative of those an employee encounters i
i while performing the essential functions of this job. Reasonable accommodations may be made to enable !i.
i Individuals with d'sabllilles to perform the essential functions, The noise level in the work environment is usually
! high. While performing the essential duties of this job, the employee is constantly required to perform multiple
tasks simultaneously, to work under time pressures to meet deadlines, and to work closely with others apart of
a team. The employee is frequently required to respond to emergency situations in which them may be clanger !
or physical abuse.
APPROVED
Brazos County
Job Description
Last Updated: September 2012
RECEIVED
SEP 14 2016
Template R.Nsbn 1.2 08/1512012
Pos- i5
Complex including setting -up, cleaning and tearing -down events.
Operates light to moderate equipment sucn as tractors wan impiemems, TorKincs ano sKie steer Waoeis, oeu uynedia wwu J V W�� wu,'.I—L, ,,—.1
stalls, cattle ties, panels and pens; Sets up/tears down meeting and event rooms, including stages, dance floors, tables, chairs and equipment and
assists with the sound/electrical system setup and/or tear down; Cleans meeting and event rooms, including sweeping, vacuuming and taking out
trash; Cleans restrooms, including using commercial chemicals to remove stains/odors and keeps them free of litter; Strips, waxes, buffs and scrubs
floors as needed and instructed. Keeps all floors dusted, mopped, and vacuumed; Changes light bulbs and distributes supplies as necessary; Assists
in painting and other maintenance projects as necessary; Raises flags daily, weather permitting, takes down flags before leaving unless otherwise
specified; Operates a vacuum cleaner and hand cleaning materials, supplies and equipment; Cleans windows, doors, floors, water fountains, and
furniture; Keeps air conditioning adjusted to use requirements; Empties and cleans waste receptacles and properly disposes of trash; Assists visitors
in a polite manner during events at the Exposition Complex; Keeps janitorial and storage areas clean and organized; Must be willing to work various
hours as needed including some nights, weekends, holidays, etc.; Communicates with Exposition Complex administrative assistant/secretary
regarding janitorial supply inventory, Assists as necessary In inventory control including equipment and consumables; Assists in scheduling work,
creating assignments and/or monitoring work as necessary for part-time and/or temporary building attendants/staff.
Other Duties as
Required: High school graduation or its equivalent; or any equt
provides the required knowledge, skills and abilities.
red: I At least one year
vol. _"&[/ _ Pg _70—
Demands
Typical: The physical demands described here are representative of those that must be met by an employee to
successfully perform the essential functions of this job. Reasonable accommodations maybe made to enable
individuals with disabilities to perform the essential functions. While performing the duties of this job, the
employee is regularly required to sit; use hand to finger, handle, or to feel; reach with hands and arms; bend
j and kneel; and talk and hear. The employee frequently is required to stand and walk. The employee must
frequently lift and/or move objects weighing up to 100 pounds, such as bags of mulch and rocks. Specific
vision abilities required for this lob include close vision, distance vision, and the ability to adjust focus.
Typical: Safe operation of custodial and maintenance equipment, including the safe use of commercial weaning
chemicals. Ability to follow oral and written instructions; ability to learn the proper use of janitorial equipment
I and supplies; ability to make minor repairs; ability to communicate and work effectively with co-workers; ability
'i, to perform physical and strenuous work; and an ability to understand and follow Brazos County safety policies.
The work environment characteristics described here are representative of those an employee encounters
while performing the essential functions of this job. Reasonable accommodations may be made to enable
individuals with disabilities to perform the essential functions. The noise level in the work environment is
frequently loud. The employee is constantly required to work closely with others as a part of a team to perform
multiple tasks simultaneously, and switch from one task to another. The employee is frequently required to
work under time pressures and meet deadlines. The employee may be exposed to extreme weather
conditions.
APPROVED
County Judge
LV
c�l.._� _. Pg,_-7—�--
�NEW1
WA M
Plan Assessment for Plan Year 2017
Brazos County – 120
Participation Date– (/1/1968
It's that time of year again — time to look at your TCDRS retirement plan and decide
whether or not your benefits meet your workforce needs and budget This plan assessment
will give you an overview of the benefits you provide as well as how much it will cost to
provide these benefits in the upcoming plan year.
Normal Cost Rate
UAAL/(OAAL) Rate
Required Rate
Elected Rate
Retirement Plan Rate
(greater of required or elected rate)
Group Term Life Rate
Total Contribution Rate
Actuarial Accrued Liability
Actuarial Value of Assets
Unfunded Actuarial Accrued Liability
Funded Ratio
Notes:
Buyback adopted 1991
Last COLA 2008
600.651-3846 * TMRS.ORO/EMPLOYER
7.29%
6.55%
13.84%
14.00%
14.00%
N/A
14.00%
$160,913,347
$132,225,017
$28,688,330
82.2%
4
4/3/2016
2017 Plan
BasIC
Employee Deposit Rate
7%
Employer Matching
225%
Prior Service Credit
120%
�Retuemedt'Ebgtbility +
t <- -ij
r
Age 60 (Vesting)
8 years of service
Rule of
75 years total age + service
At Any Age
30 years of service
7 =7��
Partial Lump -Sum Payment at Retirement
No
Group Term Life
None
Normal Cost Rate
UAAL/(OAAL) Rate
Required Rate
Elected Rate
Retirement Plan Rate
(greater of required or elected rate)
Group Term Life Rate
Total Contribution Rate
Actuarial Accrued Liability
Actuarial Value of Assets
Unfunded Actuarial Accrued Liability
Funded Ratio
Notes:
Buyback adopted 1991
Last COLA 2008
600.651-3846 * TMRS.ORO/EMPLOYER
7.29%
6.55%
13.84%
14.00%
14.00%
N/A
14.00%
$160,913,347
$132,225,017
$28,688,330
82.2%
4
4/3/2016
What You Are Providing
The TCDRS benefit is based on employee deposits, which earn 7% compound interest
each year, and employer matching at retirement. The following chart shows the estimated
TCDRS benefit as a percentage of final salary prior to retirement for a new hue:
120%
100%
SO %
60%
40%
20%
0%
% of Salary that TCDRS Benefit Replaces at Retirement
Hired at 55 Hired at 50 Hired at 45 Hired at 40 Hued at 35
Retired at 65 Retired at 65 Retired at 65 Retired at 65 Retired at 65
Assumptions
• Employees are new hues and will work for you until retirement.
• Your current plan provisions will remain in effect through employee's
retirement.
• Current laws governing TCDRS will continue as they are.
• Ctraded salary scales give bigger raises early in careers, with smaller raises later
in careers (see Summary Valuation Report at www.tahs.org/employer).
• Based on Single Life benefit.
800-881-3848 * TCORS.ORC/EMPLOYER 2 4/3/2018
Reasons for Rate Change
Below is a record of your requited rate history for your retirement plan over the last five
years.
14%
12%
10%
80/0
6%
4%
2%
0%
2013 2014 2015 2016 2017
Reasons for Rate Change
;Beginning Rate
Plan Changes Adopted
Investment Return
Elected Rate/Lump Sum
Demographic/Other Changes
Assumptions/Methods-
Ending Rate
2013-2014 2014-2015 2015-2016 2016-2017
13.00%
13.58%
13.39%
13.25%
0.00%
0.000/
0.00%
N/A,
0.53%
-0.04%
-0.07%
0.65%'
-0.24%
-0.04%
-0.06%
-0.07%
0.29%
-0.18%
-0.01%
-0.16%i
0.00%
0.07%
0.00%
0.17%�
13.58%
13.39%
13.25%
13.84%.
Valuation Year 2012 2013 2014 20151,
Funded Ratio 80.9% 82.60A 84.5% 82.20/o'•
A complete Summary Valuation Report for the Dec. 31, 2015 valuation will be available
mid-May at www.tcdrs.org/employer.
Next Steps
If you are interested in making plan changes, please contact your Employer Services
Representative at 800-651-3848. Your benefit selections are due by Dec. 15, 2016.
800-681-3848 • TMRS.ORO/EMPLOYER 3
l,2 7/7 t g, 7 V
4/3/2016
BRAZOS COUNTY
HUMAN RESOURCES DEPARTMENT
200 S. TEXAS AVE SUITE 206, BRYAN,TX 77803
PHONE (979) 361-4114 FAX (979) 823-6993
MEMORANDUM
Date: September 12, 2016
To: Commissioner's Court
From: Jennifer Salazar
HR Director
Subject: Monthly Health and Dental Premiums for FY'17
FY'16 Premiums
;. Medmal ,Eiri to ees1&Retirees (>_8;years)Who`Were Employed Pnor to -August 30 _2011`-`
P Y '..- ..,_ _ .. c
August 30, 2011
Employee Premium
County Contribution
Total Premium
Employee Only
$58.00
$916.00
$974.00
Employee & Spouse
$429.00
$916.00
$1,345.00
Employee & Child
$288.00
$916.00
$1,204.00
Employee & Family
$595.00
$916.00
$1,511.00
_ .:"Dental Employees &:Retirees (> 8_yeaTs) WKWere Employetl Pn6r#o'Augst 30.2011 t _
August 30, 2011
Employee Premium
County Contribution
Total Premium
Employee Only
$28.00
$0.00
$28.00
Employee & Spouse
$73.00
$0.00
$73.00
Employee & Child
$65.00
$0.00
$65.00
Employee & Family
$115.00
$0.00
$115.00
FY'17 Premiums
• Employees & Retirees with more than 8 years of service who were employed prior to
August 30, 2011:
_ _ - rMedical Employees &'Eletirees� >, 8_years) Who Were, Em15404,enof Fo
August 30, 2011
Employee Premium
Employee Premium
County Contribution
Total Premium
Employee Only
$62.00
$976.00
$1,038.00
Employee & Spouse
$456.00
$976.00
$1,432.00
Employee & Child
$306.00
$976.00
$1,282.00
Employee & Family
$634.00
$976.00
$1,610.00
;. D_ent_al _Employees &"Retnees,(> 8�years) WI%o.,Were Employed Pnorto August 30 -.2011 � r_ _
r
Employee Premium
County Contribution
Total Premium
Employee Only
$28.00
$0.00
$28.00
Employee & Spouse
$74.00
$0.00
$74.00
Employee & Child
$66.00
$0.00
$66.00
Employee & Family
$118.00
$0.00
$118.00
-.
L
tj
o The County contribution will increase effective October 1, 2016. The employee
premiums for Medical & Dental will increase effective January 1, 2017.
Pre -2000 Retiree insurance premiums will remain the same as last year.
• Retirees with less than 8 years of service and those that were employed after August 30, 2011
and retire from the County will contribute as follows:
Medical,Retrzees,(<,�8_years)�and Those 4Vho"R_e_fire,;zWho Begann3Employment_Af er,AuguSt
Employee Premium
County Contribution
Total Premium
Employee Only
$1,038.00
$0
$1,038.00
Employee & Spouse
$1,432.00
$0
$1,432.00
Employee & Child
$1,282.00
$0
$1,282.00
Employee & Family
$1,610.00
$0
$1,610.00
,x Dental Retirees(<8 years)and yThpse,Who'Ret. r... ho Began Employment,Af_ter,August 30 26i1vt r,^
u
Employee Premium
County Contribution~
Total Premium
Employee Only
$28.00
$0
$28.00
Employee & Spouse
$74.00
$0
$74.00
Employee & Child
$66.00
$0
$66.00
Employee & Family
$118.00
$0
$118.00
o This increase is effective January 1, 2017.
• COBRA rates are as follows:
„ �� -. z > ate �., ,� . ..._Medical °COBRA t �. _ s rs.': r-: � , n --z: , •_;
Employee Premium
County Contribution
Total Premium
Employee Only
$1,057.63
$0
$1,057.63
Employee & Spouse
$1,460.49
$0
$1,460.49
Employee & Child
$1,307.37
$0
$1,307.37
Employee & Family
$1,640.74
$0
$1,640.74
a
Employee Premium
County Contribution
Total Premium
Employee Only
$29.07
$0
$29.07
Employee & Spouse
$75.78
$0
$75.78
Employee & Child
$67.47
$0
$67.47
Employee & Family
$119.38
$0
$119.38
o This increase is effective January 1, 2017.
Duane Peter+ Date
County Judge
V�i / Pg7e
13
August 25, 2016
Brazos County
200 South Texas Avenue, Suite 206
Bryan, TX 77803
Attn: Jennifer Salazar
Re: Engagement for the Healthy Directions
Dear Jennifer:
This letter confirms the agreement between Brazos County ("you" or the "Company")
and Bethesda Healthcare, Inc. ("BHC" or "us") concerning your engagement of us to provide
certain services described below for your employees. In connection with this engagement, we
have agreed as follows:
1. BHC agrees to provide the services as set forth on Exhibit A attached to this letter
agreement. In consideration of the services provided by BHC, you will pay BHC the fees
described in Exhibit A. BHC will provide invoices to you and you will pay invoices within
thirty (30) days after receipt.
2. The term of this letter agreement will begin on August 25, 2016 and will continue for a
period of one (1) year (the "Initial Term"). Thereafter this letter agreement will
automatically renew for additional one (1 }year terms, unless either party gives notice of
non -renewal for that term upon no less than sixty (60) days' written notice to the other
party prior to the commencement of that term. Either party may terminate this letter
agreement in the event that the other party is in default of the performance of any
material duty or obligation imposed hereunder and such default continues for a period of
thirty (30) days after written notice has been given to such party by the party not in
default. Obligations that could reasonably be construed to survive termination of this
engagement (e.g. payment obligations) shall so survive.
3. BHC warrants that the services provided hereunder will be performed by BHC's
employed and/or independent contractor personnel licensed or certified by the
appropriate governing body. In providing the services, BHC and its personnel will be
acting as independent contractors.
4. The parties acknowledge that certain services may involve the use and disclosure of
Protected Health Information (as defined in 45 C.F.R. § 160.103) that is subject to the
federal privacy regulations issued pursuant to the Health Insurance Portability and
Accountability Act of 1996, as amended from time to time and, with regard to such
services, agree to comply with the terms and conditions of the Business Associate
Agreement, attached hereto as Exhibit B and incorporated herein. Notwithstanding the
foregoing, the parties agree to comply with all applicable laws and regulations.
5. BHC reserves the right to require employees/ participants to complete any intake,
informed consent and/or authorization forms as BHC determines necessary or
appropriate prior to providing the services to such employees/ participants. BHC may, in
its discretion and without breaching the terms of this letter agreement, decline to provide
services to any employee/participant who refuses to complete such forms.
10430022.5--
U�ol. F'g-.,7 jIf
Brazos County
August 25, 2016
Page 2 of 11
6. Any materials shared by BHC with you, including, but not limited to, marketing
information and presentations about BHC's services, programs and program materials
(including program materials customized for you), business operations, software,
software escrow, and systems processes used by BHC and/or its subcontractors to
provide the services herein and any of your feedback on the services provided herein
are the copyrighted, proprietary, and confidential property of BHC (collectively, the
"Intellectual Property") and that as between BHC and you, all right, title and interest in
and to the Intellectual Property, including but not limited to all patent, copyright,
trademark and trade secret rights, are owned by, belong to and remain with BHC and
not you. You shall maintain the Intellectual Property in confidence and shall not permit
any other person to reproduce, distribute, sell, transfer, publish, disclose, rent, lease,
sublicense, disassemble, decompile, reverse engineer, modify, translate, or create
derivative works based on the Intellectual Property (and any copies thereof). You shall
use the Intellectual Property only for your own internal business use and only in
compliance with this letter agreement. You shall be responsible for, and shall take
appropriate steps to ensure compliance by, your employees and agents with respect to
your obligations under this letter agreement. Upon termination of this letter agreement,
you shall, as directed by BHC, return or destroy the Intellectual Property.
You agree that you have retained BHC to provide only the services outlined in this letter
agreement. You acknowledge that BHC has not and will not provide you advice
regarding any employment matters related to the services provided by BHC hereunder,
and that you are solely responsible for any employment-related liability as it relates to
the services, including but not limited to, the substantive components of any wellness
program, and any employment decisions made based on the information provided by
BHC for the purposes of administering any wellness program and/or in providing the
services hereunder.
8. Each party (an "Indemnifying Party") agrees to indemnify, defend and hold harmless the
other party and its directors, officers and employees from and against any and all claims,
demands, actions, losses, expenses, damages, liabilities, costs (including without
limitation, interest, penalties and reasonable attorney's fees) and judgments arising out
of the acts or omissions of the Indemnifying Party in connection with this Agreement.
9. Intentionally Omitted
10430022.5
Brazos County
August 25, 2016
Page 3 of 11
If you are in agreement with the foregoing, please indicate by having your authorized
representative sign in the space provided below and returning the signed copy of this letter to
me. Please let me know if you have any questions.
Very truly yours,
Bethesda
� Health
(cjarre, Inc.
By: UKx W
Name: Terri Terri Hanlon -Bremer
Its: Chief Operating, Officer
Dated:
AGREED:
Brazos -�`/y // 1
Name:
Its: l dl_ �1. f� 11i df7T
Dated: o (0
10430022.5 ��---�� �"
�
n
V:"I. `�_i __ Pg._ % /
L- —---------
Brazos County
August25,2016
Page 4 of 11
EXHIBIT A
1. Fees.
For the provision of Services, as described below, Company shall pay to BHC
$800.00 at the start of the program for a minimum of 100 participants. Company shall
pay BHC at the end of the program the sum of $8.00. per participant above and
beyond the first 100 participants. Additional Fees may apply for certain services, as set
forth below.
2. Services.
A. Healthy Directions Primary Care Physician Data Collection
BHC will collect data including:
o Primary Care Physician exam completion
o Lab test blood draw data ("biometric data")
BHC will monitor and report program participation to the health plan by the
seventh business day of the month. Standard data points will include:
— Work Location
— Participant Name
— Participant Gender
— Participant Date of Birth
— Participant Type (employee or spouse)
— Participant Employee ID
— Eligibility for the Incentive(s)
BHC will provide a final program participation report (standard data points
listed above) and aggregate biometric report approximately 2-4 weeks after
completion of program.
Program Dates: all forms must be submitted by September 15, 2017 in order
for the participants to earn the incentive(s).
B. Other Program Options:
• Additional Participation Reports - $50.00 per report
• $1.50 to $4.50 per participant for additional customization of the standard
packet to deviate from standard data points collection
• Distribution of the Healthy Directions packet - $1.75 to $3.00 per participant
address
Wellness Coordination - $47/hour
• Foreign Language Translation services - $95.001page
3. Company Responsibilities
As part of the Healthy Directions program, we require a participant eligibility file from the
Company. This is in a template format that we can then upload into our database. When
a packet comes in, we can immediately know that they are eligible to participate and we
can process their paperwork.
10430D22.5
i
Brazos County
August 25, 2016
Page 5 of 11
The template includes names, gender, date of birth, address, phone, email, etc.
Because there is Protected Health Information (PHI) in the file, we require that the
Company send us the file using our secure File Transfer Process (secure FTP).
The Company will provide the eligibility file to BHC within ten business days of receiving
the request from BHC. There is no additional charge for uploading eligibility files
throughout the length of a campaign. If the Company cannot meet the 10 business day
requirement, please contact BHC to discuss the deadline. Otherwise, the Company may
be subject to a $.50/participant fee for manual input.
10430022.5
Brazos County
August 25, 2016
Page 6 of 11
EXHIBIT B
BUSINESS ASSOCIATE AGREEMENT
Pursuant to the letter agreement of which this Business Associate Agreement (this
"Agreement") is referenced to and incorporated therein, Brazos County, on behalf of its health
plan, (hereinafter referred to as "Covered Entity") and Bethesda Healthcare, Inc. (hereinafter
referred to as "Business Associate") hereby enter into this Agreement pursuant to the terms
and conditions set forth below.
RECITALS
WHEREAS, Business Associate provides certain data collection services in connection
with Covered Entity's wellness program and Business Associate receives, has access to or
creates Protected Health Information in order to provide those services;
WHEREAS, Covered Entity is a health plan that provides, or pays the cost of, medical
care and is subject to the Administrative Simplification requirements of the Health Insurance
Portability and Accountability Act of 1996 ("HIPAA"), the Health Information Technology for
Economic and Clinical Health Act (the "HITECH Act"), and regulations promulgated thereunder,
including the Standards for Privacy of Individually Identifiable Health Information and the
Security Standards for the Protection of Electronic Protected Health Information at 45 C.F.R.
Parts 160 and 164 (collectively "Privacy and Security Regulations");
WHEREAS, the Privacy and Security Regulations require Covered Entity to enter into a
contract with Business Associate in order to mandate certain protections for the privacy and
security of Protected Health Information, and those Regulations prohibit the disclosure of
Protected Health Information from Covered Entity to Business Associate if such a contract is not
in place; and
NOW, THEREFORE, in consideration of the foregoing, and for other good and valuable
consideration, the receipt and adequacy of which is hereby acknowledged, the parties (the
"Parties") agree as follows:
1.0 Definitions
1.1 "Breach" has the meaning as set forth in 45 C.F.R. Section 164.402, as the same may
be amended from time to time.
1.2 "Covered Entities" mean: (1) health plans; (2) health care clearinghouses; and, (3)
health care providers who transmits any health information in electronic form in connection with
a transaction covered by the HIPAA Regulations.
1.3 "Electronic Protected Health Information" means Protected Health Information that is
transmitted by electronic media (as defined by the Privacy and Security Regulations) or is
maintained in electronic media.
1.4 "Disclose" and "Disclosure" mean, with respect to Protected Health Information, the
release, transfer, provision of access to, or divulging in any other manner of Protected Health
Information outside Business Associate's internal operations.
10430022.5 -- -�
Brazos County
August 25, 2016
Page 7 of 11
1.5 "Protected Health Information" or "PHP' means information, including demographic
information, that (i) relates to the past, present or future physical or mental health or condition of
an individual; the provision of health care to an individual, or the past, present or future payment
for the provision of health care to an individual; (ii) identifies the individual (or for which there is
a reasonable basis for believing that the information can be used to identify the individual); and
(iii) is received by Business Associate from or on behalf of Covered Entity, or is created by
Business Associate, or is made accessible to Business Associate by Covered Entity.
1.6 "Secretary' means the Secretary of the U.S. Department of Health & Human Services.
1.7 "Security Incident" means an attempted or successful Unauthorized Use or Disclosure
1.8 "Services" mean the wellness program services that Covered Entity has engaged
Business Associate to provide (including, but not limited to, data collection and participant
follow-up services) and shall include the Use and Disclosure of PHI collected by Business
Associate for purposes of making certain disease specific wellness programs available to
participants and to Covered Entity's data analytics vendor as directed by Covered Entity.
1.9 "Unauthorized Use or Disclosure" means the unauthorized access, use or disclosure,
modification, or destruction of information or interference with the system operations in an
information system.
1.10 "Unsecured Protected Health Information" (hereinafter, "Unsecured PHI") means PHI
that is not rendered unusable, unreadable, or indecipherable to unauthorized persons through
the use of a technology or methodology specified by the Secretary in guidance issued under
section 13402(h)(2) of Public Law 111-5.
1.11 "Use" or "Uses" mean, with respect to PHI, the sharing, employment, application,
utilization, examination or analysis of such information within Business Associate's internal
operations.
Terms used, but not otherwise defined, in this Agreement shall have the same meaning as
those terms in the Privacy and Security Regulations including, but not limited to, 45 C.F.R.
Sections 160.103 and 164.501.
2.0 Obligations Of Business Associate
2.1 Additional Requirements of the HITECH Act. The Parties agree that the additional
Privacy and Security requirements imposed on Covered Entities by the HITECH Act are also
applicable to Business Associate and, therefore, Business Associate shall comply with same.
2.2 Permitted Uses and Disclosures of PHI. Business Associate:
(a) shall Use and Disclose PHI as necessary or appropriate to perform the Services,
and as contemplated by Sections 2.7, 2.8, 2.9, 2.11, and 2.12 of this Agreement;
(b) may Use PHI as necessary for the proper management and administration of its
business or to carry out its legal responsibilities;
10430022.5-'"'"""""
vol. _-07 / - Pg. 9,
Brazos County
August 25, 2016
Page 8 of 11
(c) may use PHI to report violations of law to appropriate Federal and State
authorities, consistent with 45 CFR § 164.502Q)(1);
(d) may Disclose PHI for the proper management and administration of its business
if (i) the disclosure is Required by Law, or (ii) Business Associate obtains
reasonable assurances from the person to whom the information is Disclosed
that the PHI will be held confidentially and Used or further Disclosed only as
Required by Law or for the purpose for which it was Disclosed to the person, and
the person agrees to notify Business Associate of any instances of which the
person is aware in which the confidentiality of the PHI has been breached; and
(e) shall not Use or Disclose PHI for any other purpose
2.3 Adequate Safeguards for PHI. Business Associate shall implement and maintain
appropriate safeguards to prevent the Use or Disclosure of PHI in any manner other than as
permitted by this Agreement. In addition, Business Associate shall implement administrative,
physical and technical safeguards that reasonably and appropriately protect the confidentiality,
integrity and availability of any Electronic PHI that it creates, accesses, receives, maintains or
transmits on behalf of Covered Entity, and in doing so, shall comply with the Privacy and
Security Regulations including subpart C of 45 C.F.R. Part 164 as applicable.
2.4 Breach Pattern or Practice by Covered Entity. If Business Associate knows of a pattern
of activity or practice of Covered Entity that constitutes a material breach or violation of Covered
Entity's obligations under this Agreement or any amendment or addendum thereto, Business
Associate must take reasonable steps to cure the breach or end the violation. If the steps are
unsuccessful, Business Associate must terminate its provision of the Services if feasible, or, if
termination is not feasible, report the activity to the Secretary. Business Associate shall provide
written notice to Covered Entity of any pattern of activity or practice of Covered Entity that
Business Associate believes constitutes a material breach or violation of Covered Entity's
obligations under this Agreement or any amendment or addendum thereto within five (5) days of
discovery and shall meet with Covered Entity to discuss and attempt to resolve the problem as
one of the reasonable steps to cure or end the violation.
2.5 Breach Notification. Business Associate shall notify Covered Entity of a Breach of
Unsecured PHI following the first day on which Business Associate (or Business Associate's
employee, officer, or agent) knows, or by exercising reasonable diligence would have known, of
such Breach. Business Associate's notification to Covered Entity hereunder shall (a) be made
to Covered Entity without unreasonable delay and in no case later than 15 days after discovery
of the Breach, and (b) include to the extent possible, the identification of each individual whose
Unsecured PHI has been, or is reasonable believed by Business Associate to have been
subject to the Breach.
In addition to the above, Business Associate shall also include the following information in its
notification to Covered Entity:
A. A description of what happened, including the date of the Breach and the date of
discovery of the Breach, if known;
B. A description of the types of Unsecured PHI that were involved in the Breach
(such as whether full name, social security number, date of birth, home address, account
10430022.5
Vol____Pg
� �5f�
Brazos County
August 25, 2016
Page 9 of 11
number, credit card number, diagnosis, disability code, or other types of information were
involved);
C. Any steps that the individuals should take to protect themselves from potential
harm resulting from the Breach; and
D. A description of what Business Associate is doing to investigate the Breach, to
mitigate the harm to individuals and to protect against further Breaches.
If some of the above information is not known by Business Associate at the date of
notification, Business Associate shall forward the information as soon as it becomes available.
2.6 Reporting Non -Permitted Use or Disclosure; Security Incident. Business Associate
agrees to report to Covered Entity, within a reasonable period of time after discovery by
Business Associate, any use or disclosure of the PHI not permitted by this Agreement. Business
Associate shall also report to Covered Entity, within a reasonable period of time after discovery,
any Security Incident of which if becomes aware.
2.7 Availability of Internal Practices, Books and Records to Government Agencies. Business
Associate agrees to make its internal practices, books and records relating to the Use and
Disclosure of PHI received from, or created or received by Business Associate on behalf of
Covered Entity, available to the Secretary of the U.S. Department of Health and Human
Services (the "Secretary") in a time and manner designated by the Secretary, for purposes of
determining Covered Entity's compliance with the Privacy Regulations.
2.8 Access to and Amendment of PHI. To the extent that PHI in Business Associate's
possession constitutes part of a Designated Record Set (as defined in the Privacy Regulations),
Business Associate shall: (a) make the PHI specified by Covered Entity available to Covered
Entity as required to enable Covered Entity to provide access and the ability to copy that PHI to
individual(s) identified by Covered Entity who are entitled to and have requested such access in
accordance with the Privacy Regulations, and (b) make PHI available to Covered Entity for the
purpose of amendment and incorporating such amendments into the PHI as necessary to afford
individual(s) the rights to amendment provided under the Privacy Regulations. Business
Associate shall provide such access within the time and in the manner reasonably requested by
Covered Entity.
2.9 Accounting of Disclosures. Pursuant to the Privacy Regulations, Covered Entity is
required to provide an accounting of certain Disclosures of PHI. With respect to Disclosures by
Business Associate, Business Associate agrees (a) to document such Disclosures of PHI and
information related to such Disclosures as would be required for Covered Entity to respond to a
request by an individual for an accounting of Disclosures of PHI in accordance with the Privacy
Regulations and (b) to provide Covered Entity with the information maintained by Business
Associate as needed to respond to any such request.
2.10 Term and Termination. The term of this Agreement shall be for so long as the Business
Associate provides the Services to Covered Entity. Upon Covered Entity's knowledge of a
material breach by Business Associate, Covered Entity shall provide written notice to Business
Associate of same and shall allow Business Associate a reasonable time to cure the breach. If
Business Associate does not cure the breach within such reasonable time, or cure is not
possible, Covered Entity may terminate this Agreement and the service agreement (if any) as
10430022.5 y i
Brazos County
August 25, 2016
Page 10 of 11
Covered Entity's sole remedy, or if termination is not possible, report the problem to the
Secretary. Business Associate's obligations under Sections 2.1, 2.2, 2.4, 2.5, 2.6, 2.7, 2.8, 2.9,
and 2.11 of this Agreement shall survive the termination or expiration of this Agreement.
2.11 Disposition of PHI upon Termination or Expiration. Upon termination or expiration of this
Agreement, Business Associate shall either return or destroy, in Business Associate's
reasonable discretion, all PHI in the possession or control of Business Associate or its agents
and subcontractors and shall not retain any copies of the PHI. If neither return nor destruction of
PHI is feasible as reasonably determined by Business Associate, Business Associate may
retain PHI provided that Business Associate (a) continues to comply with the provisions of this
Agreement for as long as it retains PHI, and (b) limits further Uses and Disclosures of PHI to
those purposes that make the return or destruction of PHI infeasible.
2.12 Use of Subcontractors. Business Associate shall require each of its subcontractors that
create, receive, maintain, or transmit PHI on behalf of Business Associate to execute a written
agreement obligating the agent or subcontractor to comply with all the terms of this Agreement
with respect to such PHI.
2.13 Performance of Covered Entity's Obligations. To the extent Business Associate is to
carry out any of Covered Entity's obligations under 45 C.F.R. Part 164 Subpart E at the request
of Covered Entity, Business Associate shall comply with the requirements of 45 C.F.R. Part 164
Subpart E that apply to Covered Entity in the performance of such obligation.
3.0 Obligations of Covered Entity.
Covered Entity agrees to:
(a) notify Business Associate of any limitation(s) in its notice of privacy practices of
Covered Entity in accordance with 45 C.F.R § 164.520, to the extent that such
limitation may affect Business Associate' Use or Disclosure of PHI;
(b) notify Business Associate of any changes in, or revocation of, permission by an
individual to Use or Disclose PHI, to the extent that such changes may affect
Business Associate' Use or Disclosure of PHI; and
(c) notify Business Associate of any restriction to the Use or Disclosure of PHI that
Covered Entity has agreed to in accordance with 45 C.F.R. § 164.522, to the
extent that such restriction may affect Business Associate's Use or Disclosure of
PHI.
4.0 Governing Law
Intentionally Omitted
10430022.5 �T
Vol Flgg � .�.
Brazos County
August 25, 2016
Page 11 of 11
5.0 Amendment
The parties agree to take such action as is necessary to amend this Agreement from time to
time as is necessary for Covered Entity to comply with the requirements of HIPAA, the HITECH
Act, and the Privacy Regulations and the Security Regulations.
10430022.5
l�
BRAZOS COUNTY, TEXAS
GRANT APPLICATION APPROVAL FORM
Date: 9/14/2016
Requesting Department: District Clerk
Grant Title: Texas Historical Foundation
Granting Agency: Texas Bar
Amount Requested: $ 7,082.23
Grant Terni (Beg/End): _
Project Description: Restoring old hand written law books by Judge Baylor
Will this grant fund salary & benefits? ❑ Yes
Is there County Match requirement? ❑ Yes
Are there financial reporting requirements? ❑ Yes
Who will be reporting?
❑✓ No
❑✓ No
❑ No
*Please include all available backup documentation with the approval form. All grants are
contracts between Brazos County and the granting agency and should be approved by
Commissioners Court prior to the application submission.
Authorized Signature
is 0'�) day of r aUIl.�
6
RESOLUTION NO. 3673
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRYAN, TEXAS
AUTHORIZING RENEWAL OF AN INTERLOCAL AGREEMENT FOR FISCAL YEAR 2017
BETWEEN THE CITY OF BRYAN AND BRAZOS COUNTY FOR THE HOUSING OF CITY
OF BRYAN PRISONERS; APPROVING FISCAL YEAR 2017 FUNDING IN THE NOT TO
EXCEED AMOUNT OF $96,000.00 FOR HOUSING OF CITY OF BRYAN PRISONERS; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, this agreement between the City of Bryan a political subdivision of the State of
Texas and the Brazos County a political subdivision of the State of Texas is made pursuant to the
provisions of the Interlocal Cooperation Act V.T.C.A., Government Code Chapter 791; and
WHEREAS, it has been found and determined by the Commissioners Court of Brazos County
Texas and by the City Council of the City of Bryan Texas that utilizing one jail facility to serve the law
enforcement agencies of the City of Bryan and Brazos County shall result in increased efficiency and
economy to the Citizens of Brazos County;
WHEREAS, the Brazos County Jail and Its attendant facilities are adequate to serve tite law
enforcement agencies of both the City of Bryan and Brazos County;
WHEREAS, Brazos County and the City of Bryan have entered into an agreement by which
Brazos County will house in its County Jail and offer care for prisoners of the City of Bryan;
WHEREAS, the Fiscal Year 2017 cost to the City of Bryan will not exceed $96,000.00 for the
Housing of City of Bryan prisoners; and
WHEREAS, the City of Bryan desires to approve and adopt the existing agreement with Brazos
County for Fiscal Year 2017.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Bryan Texas that
Funding for Fiscal Year 2017 in an amount not to exceed $96,000.00 for the Housing of City of Bryan
prisoners is approved; and
2.
The Interlocal Agreement renewal between the City of Bryan and Brazos County for the Housing of City
of Bryan prisoners is adopted for twelve (12) months beginning October 1, 2016, through September 30,
2017, inclusive. A copy of the Agreement is attached hereto as Exhibit "A" and is incorporated herein by
this reference for all purposes.
This resolution is immediately effective upon passage and adoption.
Vol. _ _-_ pgy /�_
ADOPTED BY VOI AVTE OF THE CITY COUNCIL OF THE CITY OF BRYAN, TEXAS, this day
/�y�
of 'AFSUS l 2016.
ATTEST:
Mary Lynn atta, City Secretary
APPROVED AS TO FORM:
Janis K. Hampton, City Attorney
APPROVED
Date
County Judge
CITY OF BR —a -�A
AN:
Jason . Bienski, Mayor
lb
11 rr
�&� ,�i' A
INTERLOCAL COOPERATIVE AGREEMENT
PROVIDING FOR THE HOUSING OF PRISONERS FROM
THE CITY OF BRYAN, TEXAS IN THE BRAZOS COUNTY JAIL
THE STATE OF TEXAS §
COUNTY OF BRAZOS §
This Agreement between the City of Bryan, a political subdivision of the State of Texas, and the County
of Brazos, a political subdivision of the State of Texas, is made pursuant to the provisions of the
Interlocal Cooperation Act, V.T.C.A., Government Code, Chapter 791.
WHEREAS, it has been found and determined by the Commissioners' Court of the County of Brazos,
Texas, and by the City Council of the City of Bryan, Texas, that utilizing only one jail facility to serve the
law enforcement agencies of the City of Bryan and the County of Brazos shall result in increased
efficiency and economy to the citizens of the County of Brazos; and
WHEREAS, the Brazos County Jail and its attendant facilities are adequate enough to serve the law
enforcement agencies of both the City of Bryan and the County of Brazos; and
WHEREAS, the County of Brazos and the City of Bryan desire to enter into an agreement by which the
County of Brazos will house in its County Jail, and offer care for, prisoners of the City of Bryan
according to the terns and conditions as set forth herein;
NOW, THEREFORE, for and in consideration of the mutual covenants, agreements, and benefits to the
parties herein named, it is agreed as follows, to -wit;
I. PURPOSES OF AGREEMENT
1.0t The purposes of this Agreement are to provide a method whereby prisoners formerly housed in
the City of Bryan jail can be transported directly to the Brazos County Jail for confinement.
II. TERM OF AGREEMENT
2.01 This Agreement shall commence on the ]at day of October 2014, and extend until the 30th day of
September 2015. Thereafter, it will renew annually for three (3) additional one year periods unless either
party issues notice of intent to terminate as outlined in Section XIV of this Agreement.
III. DEFINITIONS
3.01 City prisoner as used in this Agreement shall mean (a) a person arrested by a law enforcement
officer for a Class C misdemeanor filed in Municipal Court and held in the Brazos County Jail prior to the
issuance of a jail commitment order by a magistrate, or (b) a person arrested solely for the violation of a
City of Bryan Ordinance which involves the regulation of a purely municipal action.
3.02 State Prisoner means an individual who has been arrested by a law enforcement officer for a
violation of a state statute and held in the Brazos County jail after the issuance of a jail commitment order
by a magistrate.
W. PROVISION OF JAIL SPACE
4.01 The Sheriff of the County of Brazos agrees to accept the custody of any City prisoner delivered at
the Brazos County Jail by the City of Bryan Police Department provided that the prisoner does not require
immediate medical attention prior to booking.
4.02 The Sheriff of the County of Brazos agrees to accept City Prisoners who have an injury or illness
after the City of Bryan Police Department has obtained initial medical treatment for such prisoners, or
when a prisoner has refused medical treatment from a medical facility. The arresting officer shall, prior
to booking, furnish the Sheriff with reports showing any medical treatment, or that treatment was offered
and refused by the prisoner. Further medical attention provisions are outlined in Section VIII herein.
4.03 If applicable, the Sheriff of the County of Brazos agrees to give preference and priority accepting
the City of Bryan prisoners pursuant to the County of Brazos' agreements with various other political
subdivisions of the State regarding housing their inmates.
V. LIABILITY FOR EXPENSES
5.01 The County of Brazos is liable for all expenses incurred while providing the safekeeping of
prisoners confined in the Brazos County Jail pursuant to this Agreement and their personal effects, except
as otherwise provided in the Agreement.
VI, PRISONER BOOKING AND DOCUMENT MAINTENANCE
6.01 All booking procedures utilized by City of Bryan Police Officers are those existent in the Brazos
County Jail, or those involving changes as imposed by the Brazos County Sheriff after consideration and
mutual agreement of the City of Bryan.
6.02 The Brazos County Sheriff will photograph and fingerprint City prisoners as is consistent with
other county jail inmates. Photographs and Fingerprints will be maintained as is consistent with other
county jail inmates. Copies of fingerprints and photographs are available to the City of Bryan Police
Department upon request and as available.
6.03 The City of Bryan assumes responsibility for updating City prisoner records through the Texas
Department of Public Safety Crime Records Service and Federal Bureau of Investigation as is consistent
with State and Federal policies. The Brazos County Sheriff ensures appropriate reporting to State and
Federal entities for State prisoners introduced by the City of Bryan Police Department, with copies of
"rap" sheets requested on behalf of the City of Bryan Police Department.
VOL g `// P( yvZ
6.04 The Brazos County Sheriff will supply a copy of an arraignment list reflecting City prisoners
remaining in custody and in need of arraignment on each day, excluding weekends and holidays, by 8:00
a.m. to allow for arraignment scheduling before the City of Bryan Municipal Court Judge.
6.05 The City of Bryan must comply with Article 17.033 C.C.P. by taking city prisoners before a City
of Bryan Municipal Court Judge within 24 hours of a warrantless arrest.
VII. BONDS AND FINES COLLECTION
7.01 The County of Brazos is not responsible for accepting bonds and payment of fines relating to
offenses filed in City of Bryan Municipal Court.
►`/l UIRI
8.01 If it is obvious that immediate medical attention is needed by any individual at the time of arrest,
or while the individual is still in the custody of the arresting officer, the City of Bryan is solely
responsible for attempting to obtain satisfactory medical attention for such individual prior to such
individual being delivered to the Brazos County Jail.
8.02 The County of Brazos agrees to offer all City prisoners which have been booked into the Brazos
County Jail the same level of medical treatment received by State prisoners for routine medical treatment
in the Brazos County Jail Infirmary at no additional cost to the City of Bryan. The City of Bryan will be
advised of any medical problem(s) that a City prisoner may develop. If a City prisoner develops a major
medical problem which requires immediate hospitalization or emergency room services, the Brazos
County Jail physician will stabilize the patient affected to the extent it is practical to do what is necessary
for stabilization prior to transfer, and the City of Bryan Police Department will be notified. However, if
the apparent condition of the patient -prisoner is such that it appears to the health care provider in the
Brazos County Jail Infirmary to be an emergency and delay could be harmful or possibly life-threatening,
immediate hospitalization will be deemed necessary and the transfer will be immediate. The City of
Bryan will be notified as soon as practical under these circumstances; however, the City of Bryan's
consent for such transfer under these circumstances will be unnecessary and the City of Bryan will be
responsible for the medical services costs incurred by a City prisoner under such circumstances,
8.03 If any major medical problem of a City prisoner as described in §8.02 hereof is determined to
have been caused by the act, omission, and/or negligence of the County of Brazos, its employees, and/or
its agents, then the County of Brazos is solely responsible for paying any and all medical expenses related
to such injury.
IX. RELEASE OF PRISONERS
9.01 City prisoners are not to be released prior to serving their fines, including any credits allowed by
law without the permission of the Municipal Court Judge.
X. COSTS
10.01 The City of Bryan agrees to pay the sunt of Forty -Seven Dollars and Fifty Cents ($47.50) per City
prisoner or arrestee per day housed in the Brazos County Jail, payable monthly on or about the 5th day of
each month during the term of this Agreement. The County Sheriff will forward to the City of Bryan
Vol• __ �/ Pg
Police Chief a documented invoice detailing the payment to which the County of Brazos is entitled for the
previous month.
10.02 A prisoner day for the purpose of computing the charges to be paid by the City of Bryan to the
County of Brazos means any period in excess of four (4) hours within any twenty-four (24) hour period
beginning at 12:00 midnight of a given day prior to arraignment by a City Magistrate except for City
ordinance violations not represented in State law (such costs shall be billed until release). Such costs may
be audited each August during the term of this Agreement and any subsequent renewal term of the
Agreement and will be readjusted (either increased or decreased) each year beginning on October 1st,
based on the previous year's historical data on the actual cost of holding prisoners.
XI. INSPECTION OF BOOKS AND RECORDS
11.01 'rhe County of Brazos will maintain complete books and records of all City prisoners. Books and
records may be inspected at any time during regular business hours.
11.02 On or before the one -hundred -twentieth (120th) day after the end of the County of Brazos' fiscal
year, the County of Brazos will supply, upon request, the City of Bryan an annual statement of all
applicable bookings received at the Brazos County Jail on behalf of the City of Bryan during the
preceding fiscal year. Such annual statements shall be prepared in such detail and on such forms as are
determined to be mutually satisfactory to the County of Brazos and the City of Bryan. The City of Bryan,
by written notice to the Brazos County Auditor's Office, may request other financial or statistical reports
from the County of Brazos from time to time.
11.03 The County of Brazos will keep available for a period of three (3) fiscal years after each year of
operations, the records of account of County of Brazos for such year and other pertinent information
required by the provisions of this Agreement. Such records of account shall be accessible during usual
business hours to the City of Bryan or its duly authorized agents or auditors for the purpose of verifying
the information set forth in any annual statement, as described herein, or for the purpose of verifying
compliance by the County of Brazos with the terms of this Agreement.
11.04 Upon written notice at any time within three (3) years after the end of any fiscal year of
operations, the City of Bryan may cause, without cost to the County of Brazos, an inspection and audit to
be made of the records of the County of Brazos relating to the operations on the City of Bryan's behalf.
Such audit will be made to determine the correctness of the computation of payments made in the annual
statement for the preceding year. If, as a result of such inspection and audit, it is established that refunds
are due the City of Bryan, the County of Brazos shall, upon written notice by the City of Bryan, pay such
refunds within thirty (30) days of such notice and the City of Bryan will do the same if the computation is
reverse.
XII. COMPLIANCE WITH THE PRISON RAPE ELIMINATION ACT
12.01 The Brazos County Detention Center as an operation of the Brazos County Office of Sheriff will
comply with the Prison Rape Elimination Act (PREA). The Detention Center has a Zero Tolerance
Policy regarding sexual abuse and sexual harassment. The Detention Center will conduct a background
investigation on all employees, volunteers, students, or other contractors that may have contact with
inmates. Background checks will be conducted at least every five (5) years. The BCOS shall ensure that
all volunteers and contractors who have contact with inmates have been trained on their responsibilities
under the agency's sexual abuse and sexual harassment prevention, detection, and response policies and
procedures. Any contractor or volunteer who engages in sexual abuse is prohibited from contact with
inmates and shall be reported to law enforcement agencies and to relevant licensing bodies, unless the
activity was clearly not criminal. The facility will take appropriate remedial measures and prohibit
further contact with inmates in the case of violation of sexual abuse or sexual harassment policies. The
City of Bryan has an affirmative duty to disclose any misconduct in violation of the sexual abuse and
sexual harassment policy. Material omissions regarding such misconduct, or the provision of materially
false information, are grounds for termination of this agreement
XIII. LEGAL RESPONSIBILITY
13.01 The City of Bryan shall be responsible for all suits, claims, damages, losses, or expenses,
including reasonable attorney's fees, arising out of the City of Bryan's performance or non-performance
of the services and duties herein stated, but only in regard to transfer of prisoners by the City of Bryan
and duties herein assigned to the City of Bryan and specifically excluding the actual incarceration of
prisoners by the County of Brazos. The City of Bryan retains full responsibility for each prisoner until
that prisoner has been processed into the Brazos County Jail.
13.02 The County of Brazos shall be responsible for all suits, claims, damages, losses and expenses,
including reasonable attorney's fees, arising out of the County of Brazos' performance or non-
performance of the services and duties herein stated, buy only in regard to the actual holding and
incarceration of prisoners by the County of Brazos in the Brazos County Jail and specifically excluding
the transfer of prisoners to and from the Brazos County Jail.
XIV. OTHER AGREEMENTS
14.01 It is expressly understood and authorized by the approval of this Agreement that the City of
Bryan through its Chief of Police and the County of Brazos through its County Sheriff shall enter into a
separate agreement or agreements regarding the day to day operation of housing prisoners in the Brazos
County Jail, so long as the agreements do not conflict with the Agreement and do not create additional
pecuniary obligations on the part of either party. These agreements may include, but are not limited to,
booking procedures, identification procedures, warrant checks and records keeping.
XV. TERMINATION
15.01 Each party to this Agreement may terminate it by giving ninety (90) days prior written notice.
The County of Brazos shall provide such notice to the City Manager. The City of Bryan shall provide
such notice to the Brazos County Judge. Such notice of termination shall be given by certified mail,
return receipt requested, to the appropriate party at the following addresses:
CITY OF BRYAN, TEXAS: BRAZOS COUNTY, TEXAS:
City Manager County Judge
P.O. Box 1000 200 S. Texas Ave., Suite 332
Bryan, Texas 77805 Bryan, Texas 77803
Brazos County Sheriff
Val. i Jvi ys�
1700 State Hwy. 21 West
Bryan, Texas 77803
XVI. SAVINGS CLAUSE
16.01 If one or more provisions or terms contained in this Agreement shall, for any reason, be held
invalid, illegal, or otherwise unenforceable, such invalidity, illegality, or unenforceability shall not affect
any other provision or term hereof and this Agreement shall be construed as if such invalid, illegal, or
unenforceable provision or term had never been contained herein.
APPROVED by Bryan City Council at a c4guker meeting held on the 7th day of August, 2014.
ATTEST:
Q�cY l o
Mary�tta, City Secretary
APPROVED AS TO FORM:
IanHampton C� ity Attorney
CITY OF BRYAN:
/I"— Jason P. Bienski`Mayor
t7g.,.. / !o
APPROVED by Brazos County Commissioners Court at a meeting held on the day of
nu' jt l- '2014.
APPR D:
Chris Kirk
Brazos County Sheriff
Brazos County Clerk
zY O RAZOS —
Duane Peters, County Judge
APPROVED AS TO
Bill Ballard
Assistant County Attorney
017,1"Wer Ch®
Sex Offender Management and Notification
Proposal for:
Brazos County
Presented Date: 9/7/2016
Valid through (11/26/2016)
Jim Monteleone
Inside Sales Coordinator
imonteleone@watchsystems.com
Phone: 985-888-0962
watchsysYems
516 East Rutland Street
Covington, LA 70433
www.watchsystems.com
"I E) ---1)??
l�
Contents
SECTIONONE: A PUBLIC SAFETY SOLUTION ................................................................................................1
WeUnderstand Your Needs.....................................................................................................................1
Choosethe National Leader......................................................................................................................1
A Hosted Solution with All the Functionality you Require........................................................................2
ConnectedNationwide.............................................................................................................................4
CommunityNotification............................................................................................................................5
PublicWeb Portal..................................................................................................................................5
Automated Email Notification..............................................................................................................6
Printed Post Card Notification (Optional).............................................................................................6
MediaRelations (Included)...................................................................................................................6
Outstanding Customer Service and Support ............................................................................................7
SECTION TWO: A PROVEN IMPLEMENTATION PLAN....................................................................................8
OurProfessional Staff...............................................................................................................................8
KeyContacts..............................................................................................................................................8
PhasedDelivery.........................................................................................................................................9
ImplementationTimeline.......................................................................................................................10
SECTION THREE: A PROVEN INVESTMENT.................................................................................................10
Investment Justification..........................................................................................................................10
Subsequent Years of Support Services...................................................................................................11
OptionalState Services...........................................................................................................................12
Paymentand Billing Terms.....................................................................................................................12
Termsof Agreement...............................................................................................................................13
CostJustification.....................................................................................................................................13
Signatures...............................................................................................................................................13
Primary Authorized Users.......................................................................................................................13
APPENDIX A— CASE STUDIES AND CUSTOMER QUOTES..............................................................................6
Users Rave about OffenderWatch..............................................................................................................10
OffenderWatch
ILI,_�- - _._
SECTION ONE: A PUBLIC SAFETY SOLUTION
We Understand Your Needs
We understand the state's responsibility for sex offender management and public notification.
The purpose of this proposal is to help Brazos County Sheriffs Office address specific challenges related
to its sex offender management and public notification responsibilities. These challenges impede
progress to Brazos County Sheriff's Office goal of meeting and exceeding both the letter and spirit of
current sex offender management statutes.
Brazos County Sheriffs Office has identified 3 crucial objectives in reaching their goal. They are:
1. Reduce confusion when offenders move into and out of your jurisdiction
2. Improve communication with neighboring jurisdictions
3. Process registrations and verifications more efficiently
Through our needs assessment conducted with Brazos County Sheriff's Office, we have identified five
critical issues which must be addressed for Brazos County Sheriffs Office to achieve their objectives and
reach their goal. They are:
1. Lack of connectivity with other jurisdictions
2. No interface with database and public web portal
3. No automation with registration and update forms
4. No way to track or schedule verifications
5. No investigative search capabilities
Our proposed OffenderWatch solution will help Brazos County to quickly achieve your objectives and
deliver effective sex offender registration and public notification.
Choose the National Leader
OffenderWatch° is used by more
states and law enforcement
agencies than any other solution,
gam'
40%
Watch Systems is a privately held
consultation and process
Improvement firm based in
aaaie,.a.nm• gig.
Covington, LA. Over the past
ctigJf to&F
thirteen years, Watch Systems has
specialized in helping law
enforcement identify, adopt and
deploy best practices in proactive
sex offender management and
community notification. In
User cam position
Mssma.�,•
Wei E50p 6 i¢xnatlenwlJe uu D( nd.rWAche W mange S % of ina natlaa's 769,Q7 reg41ared13,0x oXendem
addition to our professional consultation services, Watch Systems has developed a web -based software
solution called OffenderWatch' to further enhance the workflow and process efficiencies of our law
enforcement client partners.
OffenderWatch® is highly configurable, so all agency workflows and processes are seamlessly supported
with little or no customization required. This allows for shorter, less complex implementations, faster
time to deployment and lower overall development and support costs when compared to home grown
internally hosted solutions.
CONFIDENTIAL
Today, over 4,500 law enforcement agencies in 35 states utilize OffenderWatch* to efficiently register
and proactively manage over 450,000 registered sex offenders. Because these agencies are part of the
only nationwide law enforcement network dedicated to sex offender management, they are able to
share records, documents, photos and case information critical to effective management and public
notification. A competitive differentiator between OffenderWatch' and any other sex offender
management solution is the network of law enforcement professionals collaborating and sharing data
on a daily basis. The power of the OffenderWatch' network has led to numerous cross-country arrests of
non-compliant and absconded offenders. See Appendix "A" for specific case studies.
A Hosted Solution with All the Functionality you Require
OffenderWatch® ensures up-to-date, reliable, and accurate offender information.
OffenderWatch® is a law enforcement database and geographic information system (GIS) that is a
hosted Software as a Service (SAAS) application with secure online access. Because OffenderWatch® is
hosted foryou, there is no specialized hardware required, and the system can grow with your needs. We
will configure OffenderWatch° to immediately satisfyyour state's applicable sex offender statutes.
OffenderWatch® will also be configured to meet your agency's policies and procedures regarding public
notification requirements. The moment your OffenderWatcho goes live, your agency will he compliant
with the letter of the law and exceeds the spirit of the law within your jurisdiction.
OffenderWatch® includes these critical functions:
m Connectivity with participating agencies
• Interface with database and public web portal
• Automation with registration and update forms
o Automated verification tracking and scheduling
a Investigative search capabilities
OffenderWatch' provides capabilities for more
efficient offender management:
o Address verification
s Compliance checks and sweeps
o Offender mapping
a Residency restriction enforcement
• Additional systems integration via web service
• Record import/export with neighboring
jurisdictions
v Automated system messages
o Public notification and awareness
OffenderWatch® is a powerful investigative tool:
m Investigative searches
v Abduction Response
o Powerful Mapping
• National search capabilities
• Data sharing and mining
• Reporting and data analysis
OffenderWatch is a powerful but easy
to use database and GIS system.
CONFIDENTIAL
OFFENDER
MANAGEMENT
Easy registration, verification took
STATE REGISTRY
Register an
offender r
Upd
Nati
}za, Regularlyverify Ta,
Address Ale,
NATIONAL
COLLABORATION
Search and share offender records
EXCHANGE
PORTAL
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NCic
Mobile (OPGowI) r'r O
Offeifderwatcti
r, � V Search around me
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Search by radius, M0, features, vehicles
CRIMINAL COMMUNITY
INVESTIGATION NOTIFICATION
Powerful search and Mapping tools sees only selected information
OffenderWatch's is a sex offender management and notification solution
proven for Sheriff's Offices, Police Departments, and Statewide.
Connected Nationwide
Your OffenderWatch° solution provides nationwide search for offenders and can automatically update
NSOPW, Exchange Portal, NCIC, United States Marshals Service, or your other agency databases.
Nationwide Search - As a participant in the OffenderWatch national network, Brazos County will have
the ability to search nationally for any offender across all jurisdictions and locations. Our powerful
search engine lets you combine search terms to filter results to pinpoint results.
Easy Transfers — OffenderWatch® makes it easy to manage offenders moving into or out of County.
Offender records are simply copied from the national network and imported into the state's system. To
facilitate better collaboration between agencies, an automatic system message notifies the responsible
law enforcement agency that a record has been modified or imported.
Data Integrity — We know preserving your current data is important. We have a rigorous process for
capturing your data, database set up, and implementation:
Watch Systems' Implementation Specialist will import all existing offender records from Brazos
County's legacy database(s). An Excel file is preferred, but paper files can be imported by Watch
Systems' Implementation Specialist. However, a onetime data import fee may apply depending
on number of files and data mass.
e Duplicate records will be merged and all historical information maintained.
CONFIDENTIAL
• The OffenderWatch° GIS will include county maps with street addresses. Additional county GIS
support may be required. OffenderWatch® includes a user manual and quick start guide.
• Watch Systems will provide secure internet connection specifications to ensure sufficient and
proper connection to OffenderWatcho via County supplied tablet, laptop, or desk top computers
with suitable internet access.
Comprehensive Data Capture and Compliance - Your OffenderWatch° database will be configured to
capture all information required by your state statutes, NSOPW, and SORNA/Adam Walsh. This
includes, but is not limited to, the following:
• General — name, DOB, SID#, FBI#, SSN, gender, age, race, eye and hair color
• Identifiers — physical appearance, scars, tattoos, photo, associates, email and IM addresses
• Address- home, school, work, temporary, volunteer and history
• Vehicle — make, model, year, color, VIN and history
• Phone - home, mobile and history
• Verification — due, completed, missing, calendar and history
• Offenses - convicted on, date of registration, victim information, original charge and MO
• Probation/Parole - status, officer, terms and conditions, sentence expiration
• Special notification recipients (i.e. schools, day cares, victims, etc.) and any safety buffers that
may be in effect around vulnerable entities (schools, day cares, etc.)
• All SORNA/Adam Walsh fields and capabilities are supported
Community Notification
OffenderWatch® provides a state searchable public
web portal, email alerts, and optional post card
notification to the community. In addition, we will
design custom community notification programs
for each local agency and we will assist with media
relations for these projects.
OffenderWatcho enables the public to search for
offenders nearby and to elect to receive email
notices. Your agency may use email notices to
promote the proactive nature and efficient
management practices of Brazos County and to
provide timely and accurate public safety
information to the community.
Public Web Portal
Citizens will have access to a secure public search
web portal branded to Brazos County, capable of
supporting millions of web hits. Citizens may
search for sex offenders based on:
• Address (1/2 mile to 2 mile radius)
• Name
• City
nformation about selected offenders 4
autnmatirnlly nuhliahpd to the wph
CONFIDENTIAL
• Compliance Status
• Internet Identifiers
• Email
• Phone Number
Automated Email Notification
Your citizens will now have the ability to register for whitelist email notifications using Brazos County's
web portal. Personalized emails from the sheriff or police department are automatically sent to
registrants when an offender is added or the offender changes address. The email is sent to those you
specify (e.g. schools) and to all registered citizens within a defined notification radial of the offender's
address. Citizens register online to be notified when a specific offender when the offenders address or
status changes. Citizens may register many different addresses, such as a work address. Citizens can also
submit a tip should they observe information that differs from what is released by your agency. This
active notification functionality fosters greater communication between Brazos County and the
community.
OffenderWatch' will be configured to only send notifications on publishable offenders. Further
configuration will ensure that only publishable information, as defined by current statutes, is made
available within all email notifications. This allows you to be compliant with current requirements while
providing the greatest amount of information possible to the public.
Printed Post Card Notification (Optional)
In addition to email notifications, OffencerWatch" is
used to send over 4 million post card notifications
annually. Brazos County may choose to send postal
mailers based on community preference or for
particularly dangerous offenders. The agency
determines the appropriate mailing radial - larger for
rural areas or smaller for more populated towns,
suburbs or cities. OffenderWatch® provides a
mailing estimate and will order release of the
appropriate number of branded post cards through
the US mail. A copy of each mailing released will be
sent to your agency for record keeping. The large
format notification post cards carry your agency
logo, and a personalized message and public service
information from the sheriff, publishable offender Postcards are an effective way to notify
data, offense history, vehicles, etc. and photograph. citizens and can he ordered from within
Mailings may only be released on publishable offenders. This add-on service requires a $500 advanced
deposit to activate postal notification functionality. A`` — ---
$35.00 minimum applies per mailing. The cost per card -�';ef. -
is based on current first class postage rate. gr .c,f
5
Media Relations (Included)
Press Conference - Watch Systems will assist YOUR
County to prepare and deliver a press conference with
local radio, newspaper, N and social media. Press
conferences are designed to announce the availability
Voi �lI /C_.0
We will help you promote your
program through the media.
Sex Offender Notirialion
I
fi
I
logo, and a personalized message and public service
information from the sheriff, publishable offender Postcards are an effective way to notify
data, offense history, vehicles, etc. and photograph. citizens and can he ordered from within
Mailings may only be released on publishable offenders. This add-on service requires a $500 advanced
deposit to activate postal notification functionality. A`` — ---
$35.00 minimum applies per mailing. The cost per card -�';ef. -
is based on current first class postage rate. gr .c,f
5
Media Relations (Included)
Press Conference - Watch Systems will assist YOUR
County to prepare and deliver a press conference with
local radio, newspaper, N and social media. Press
conferences are designed to announce the availability
Voi �lI /C_.0
We will help you promote your
program through the media.
CONFIDENTIAL
of OffenderWatch�, the enhanced information it brings to the community and the level of public safety
provided by your agency. Watch Systems will provide sample press releases and video footage from
agencies across the country. Press conferences have proven to be the most effective way to successfully
launch OffenderWatch® and build tremendous momentum and public support for your sex offender
registration and notification program.
Public Relations Presentation - Watch Systems will supply a PowerPoint "Flash" presentation branded
specifically for Brazos County. This presentation can be integrated into your existing public relations
strategy or function as a stand-alone presentation. It showcases the proactive mindset of your agency
and your attention to public safety.
Public Services Announcements - Watch Systems provides
public service safety flyers designed to drive traffic to your
web portal. PSA's are a great way to establish your agency
as the authority concerning public safety. Topics include:
• Safety Tips for Children
• Safety Pledge Flier
• Festival Safety
• Spring Break Safety
• School Cancelled Safety
• Vacation Travel Safety
• Selling Door to Door Flier
• Summer Safety Flier
• School Safety Flier
• Halloween Safety Flier
• Holiday Shopping Tips
• Commitment to You Flier
• Internet Safety Flier for Children
• Internet Safety Flier for Parents
• Fireworks Safety Flier
• Protecting Your Family 1-2-3
• Protecting Your Family 1-2-3 Bookmarks
• Protecting Your Family 1-2-3 Business Cards
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We have written safety tips that you
can email to the community.
Outstanding Customer Service and Support
Our experienced professional staff is available to help your user with offenderWatch ® and the
processes used to ensure compliance in your county.
While OffenderWatch- enables the state to efficiently manage sex offenders and notify the public, our
service and support is reflected in our value statement — "OffenderWatch` Benefits Beyond Software..."
As your strategic partner, Watch Systems will provide these outstanding support services at no
additional charge:
Our hosting services ensure that OffenderWatch' remains always available, technically current,
as well as financially feasible for your agency.
Quarterly enhancement releases are delivered automatically eliminating the need to install
newer versions of the software. System enhancements are driven at the specific direction of law
enforcement professionals with the intent of adding efficiencies to your agency.
L
CONFIDENTIAL
• Our security, redundancy and disaster recovery processes meet law enforcement requirements
nationwide.
v The professional team of our Customer Service Help Desk is available to assist you Monday -
Friday 7 am to 7 pm CST. Your users will be able to speak to courteous staff knowledgeable of
the specific laws of the state of County.
• OffenderWatch° has a built-in trouble ticket system available to users 24 hours a day 7 days a
week with a guaranteed 24 hour response time.
SECTION TWO: A PROVEN IMPLEMENTATION PLAN
Our implementation approach and estimates are based on the successful delivery of OffenderWatch®
in several other counties in under 180 days.
Choosing OffenderWatch� is the low risk approach to implementing your sex offender registry and
notification program. Our off-the-shelf software is easily configured to your requirements, robustly
hosted for you, and your data is expertly managed by our seasoned professionals.
Our Professional Staff
All of the personnel assigned to this project have experience implementing OffenderWatcho on similar
projects.
Our personnel have been carefully selected for their technical expertise, problem solving, and team
building skills. All of our staff have undergone criminal background checks and are familiar with C11S
Security Policy.
Key Contacts
Watch Systems and Brazos County will assign key personnel to actively participate in all phases of the
project to ensure the project remains on track and to meet implementation deadlines.
We have assigned experienced professional staff to ensure your registry and notification solution is
configured to your specific requirements, delivered on time, and your staff is trained.
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CONFIDENTIAL
Please provide contact information below for your key personnel assigned to this effort:
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Help Desk
User Support
985-871-8110
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Jack Brechtel
Implementations
:.985 8010459'+
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Please provide contact information below for your key personnel assigned to this effort:
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Phased Delivery
Our proven phased approach optimizes scheduled delivery and resource utilization.
We have developed the following implementation process to ensure that your OffenderWatch® solution
is seamlessly implemented to your agency requirements in a timely manner and your staff is sufficiently
trained. The process consists of these phases:
I. System configuration — OffenderWatch° is configured to meet your internal process, protocols
and procedures as well as display field settings for your public notifications.
11. Data conversion and mapping — Offender data collection, formatting and field mapping. We
also require that any graphics and photos of Brazos County to be used on the web portal and
email notifications be sent at this time.
III. External Interfaces — Optional connectivity or import/export to NSOPW, NCIC, or your other
databases. OffenderWatch® web services can also be made available for your applications.
IV. User Acceptance Test (UAT) and Training — Watch Systems provides web -based training for all
users and stakeholders. It is strongly advised that Brazos County as well as immediate command
staff attend training to gain an understanding of how to run performance reports and
dashboards. New employees or those who require additional or refresher training, may join any
of our regularly scheduled web -based training sessions at any time free of charge.
L.
CONFIDENTIAL
Implementation Timeline
Our estimates are realistic because they are based on previous experience with similar projects and
the expected complexity of this implementation.
SYSTEM CONFIGURATION
DATA CONVERSION ANDNAPP{NG 'y. S
If all of YOUR County assigned resources are available, we estimate this project will take no longer than
45-90 days from start of agreement.
SECTION THREE- A PROVEN INVESTMENT
Our customers have found OffenderWatch® quicker to implement and for less costly to build and
maintain in-house.
Our proposed solution will satisfy the following objectives identified by Brazos County to reach their
goal of effectively complying with the sex offender registration and notification requirements:
1. Ensure compliance to state sex offender registry and notification statutes, staff training in best
practices using the system, and ongoing professional support.
2. Improve efficiency by automating many common tasks and eliminating double entry.
3. Integrate with a powerful GIS system for automatically checking addresses and mapping.
4. Enable ad-hoc reports for criminal investigations and planning by providing extensive field and
map base searches of offenders.
5. Support the information transfer of offenders between local agencies and to the state, as well as
to the national registries and alert the US Marshals on absconded offenders.
S. Provide secure Software as a Service (SaaS) solution where all data remains under the control of
your agency, with software and hardware upgrades to ensure future compliance and system
operation.
Investment justification
OffenderWatch° SaaS hosting, software upgrades, support training and compliance.
Watch systems has complied with a pricing model for 15 years. As a company, the variables that allow
us to deliver and support state oriented solutions, like the one proposed, are factored so that a long-
term partnership can be maintained. Based on the needs the county has communicated and the
variables factored in the delivery of a solution for the County, we have derived at a long-term plan. The
variables include, but are not limited to, the county's need assessment, population, and a license
supporting unlimited agency users. We also considered the number and complexity of any external
interfaces to the system. The first year investment includes:
° Software as a Service (SaaS) hosted on world-class hardware: app server, database server, GIS
Server, network monitoring, load balancing and security
CONFIDENTIAL
• Legacy sex offender database conversion
• County maps, jurisdictions and prohibited sites configuration
• Agency custom Zones/Beat/Districts from GIS Shape files
m Agency branded web portal, email and special recipient notification
• Options for external interfaces to NCIC, NSOPW, Exchange Portal
o Optional Connectors for Signature Pads document scanning, Fingerprints
® Professional Services: Consultation, Project Management, Implementation and Training
Our state customers have found an OffenderWatch® solution is less costly than building one in-house
and is less expensive to operate and maintain.
Totallst year investment of $7,000.00 provides a state-of-the-art OffenderWatch° solution in 2016.
• Discounted price for low population county
• Waived one-time fee of $500 per thousand offenders for offender setup and conversion
• Waived one-time fee of $500 to setup agency custom Zones/Beat/Districts from GIS Shape files
• Does not include OffenderWatch Mobile
Subsequent Years of Support Services
The recurring cost of maintaining your OffenderWatcha is very reasonable and far less than maintaining
your own systems and assigning your own professional IT staff. This cost includes:
a Software as a Service (SaaS) hosting in secure data systems environment
a System hardware, software, and network upgrades
• Additional servers as required to support your solution
• Data backup and recovery
• OffenderWatch® software upgrades
• Agency branded web portal and interface support for NCIC, NSOPW, Exchange Portal and
connected devices
o Professional and courteous technical support, issue tracking
• Online Training and Webcasts, User Group Support, and access to OffenderWatch° User
Conference
Given the number of Brazos County's staff involved in the current operations, we feel certain that the
county will save time and money in operations and will be able to redirect some resources to more
critical tasks.
Subsequent investment of $7,000.00/year for OffenderWatcha SaaS hosting, software upgrades,
support, training and continued compliance. Discounted price for low population county. Does not
include OffenderWatch Mobile.
pa,_ry/ C9_ to
CONFIDENTIAL
Optional State Services
As demands grow or change for your agency, we offer a variety of add-on products to meet your
needs.
We are happy to discuss these add-on products to augment your OffenderWatcV solution:
• OffenderWatcho Express Check-in —This kiosk software speeds the offender check-in process
• OffenderWatch® Mobile— Helps verification officers and criminal investigators
• OffenderWatch° Community Mail — Post card notifications to the public within a specific radius
• OffenderWotch ° Booking Alerts — Lets you know immediately when a sex offender is arrested
• OffenderWotch® Check-in Reminders — Emails go out automatically to registered offenders
• OffenderWatch° Arson —Track arsonists and look for trends in arson cases
• OffenderWotch° Weapons—Track offenders and deadly weapons (Beta)
• OffenderWatch° Sobriety — Track DUI offenders (Beta)
• OffenderWatch® National Connectors—Connect OffenderWatch® to External Systems
• National Search (included in this proposal)
• Web Service (included in this proposal)
• NSOPW (included in this proposal)
• NCIC (included in this proposal)
• Exchange Portal (included in this proposal)
• OffenderWatcV Biometric Connectors
• Topaz Signature Pad
• Livescan Fingerprint
• OffenderWatch° LPR Connectors
• Vigilant LPR
• OffenderWotch® Document Management
• Epson Scanners
CONFIDENTIAL
Payment and Billing Terms
Brazos County will be invoiced with the completion of installation and user acceptance testing. Payment
is due upon receipt. Initial invoice will not be sent prior to 10/1/2016.
Terms of Agreement
This is an automatically renewing services agreement that will renew on your anniversary unless
cancelled in writing 90 days prior to renewal date.
Cost Justification
OffenderWatcV is the cost effective solution for statewide sex offender management and notification.
• Immediate availability of commercial • Reduced double entry and streamlined
product lowers procurement time, costs processes lowers law enforcement
• No special hardware, hosting, security, costs
or network fees ° Accurate tracking and reporting of
• No need for costly technical staff to offender fees helps offset program
make changes or updates costs
• No separate support or training costs
To
SI j) Y i --t `t'
Authorized Users
'- l0
Date:
Primary Agency Coordinator Additional Authorized User(s)
Brazos County
1700 West State Hwy 21
Bryan, TX 77803
Phone: 979-361-4900
i T_--�._., 12
IFFLN01A A — 1,Abt b 1 UU1CJ A1VU t UJ 1 UIVIEK
Convicted Rapist Fails Annual Verification
COLONY, NY, June 28, 2013: Offender William D. White is a level 3
offender convicted of First Degree Rape of an 8 year old female. DCIS
notified Sgt. Ruff, of the Colonie Police Department, that the offender
failed to return the yearly address verification letter sent to his
residence. As is standard protocol, Sgt. Ruff executed a home visit and
determined that the offender moved out in May. A warrant was Issued
by Sgt. Ruff for failure to notify his agency.
Absconded Offender Reported to US Marshals
Sgt. Ruff added the warrant information into the OffenderWatcho
record and ensured that any information useful in identifying and
locating the offender was included in the record. Using the
OffenderWatch® USMS alert feature, he sent the lead to the USMS Sex
Offender Targeting Center. Marshals Gary Mattison and Roy Wright
immediately notified Sgt. Ruff that they received the lead and began
creating a case on the offender that day. The US Marshals were able
to track and apprehend the offender in a low income housing unit in
Phoenix Arizona within one week of receiving the alert. The US
Attorney in Mancopa County charged William White with failure to
register. The offender is currently being held in Phoenix under Federal
Adam Walsh violations.
OffenderWatch Solution Highlights
OffenderWatch® was able to immediately and seamlessly connect law
enforcement agencies. Sgt. Ruff and the USMS Investigators easily
shared critical information to find and build a case that lead to the
arrest of a dangerous non-compliant offender. Sgt. Ruff and both
Marshal investigators felt that without the networking capabilities of
OffenderWatch°, the initial notification and pursuant investigation
t"3
4�t�C%would have taken much longer. Without this capability, the offender
W Sy S f e fns might have had time to move again, staying one step ahead of
authorities and presenting a potential risk to the public.
vc;l. /------ pg� � 02-
13
US Marshals Conduct a Compliance Sweep in Ohio
HAMILTON COUNTY OH, July 29, 2013: USMS investigator Bill Taylor
conducted a compliance operation in Hamilton County Ohio. The
objective was to verify the addresses of 1,300 known registered sex
offenders and to interview those offenders to verify compliance with
In�al and federal stahrtes.
Verification Reports Help Nab Rapist
By utilizing historical offender management data in OffenderWatcho,
USMS investigators were able to triage their cases and strategically
plan their interviews. In reviewing offender Stanley Lightner's record,
the USMS noticed that he was out of compliance for falling to register
his primary home address. A warrant was quickly issued and Mr.
Lightner was arrested. A DNA sample was not originally taken when
the offender was released from prison many years prior. However, it
was soon discovered that Mr. Lightner's DNA matched samples taken
in two, eighteen year old rape cases. He was subsequently charged
with rape in one of those cases and is under investigation in the other.
OffenderWatch Solution Highlights
Without access to the historical address and report information in
OffenderWatch®, the USMS Investigator would not have been aware
that offender Steven Lightner was out of compliance. This Information
lead to Lightner's arrest, as well as charges on the two eighteen year
old unsolved rape cases. OffenderWatch° also gave the USMS the
tools to quickly compile data, reports, and communication with the
Hamilton County Sheriff's Office, before, during and after conducting
the compliance check.
i
/ I
pa,�� 14
Watch Systems and US Marshals Work Together
In 2011, Watch Systems partnered with the United States Marshal
�,. Service and gave access to OffenderWatch° to all 94 judicial districts
across the United States. The main objectives are to Increase leads on
;tomer Overview ._" ,'.; absconded sex offenders, increase the amount of warrants issued on
VlS National Sex Offender t the absconded offenders, as well as facilitate better data sharing and
iPhnn Center .. + ' communication with local law enforcement.
Process before OffenderWatcho
Local law enforcement agencies would either have to fax in, or email
absconded sex offender information to their local USMS. Many times
local agencies were not aware of whom their local Marshal was, and
information was being sent to the incorrect Marshal. Once the lead did
reach the appropriate Marshal, the local agency would then have to go
into their databases and generate reports and gather historical
information based off of the USMS request. This information would
then either be emailed, faxed, or physically mailed back to the USMS.
Process with OffenderWatcho
When an offender has absconded and a local agency would like to
send the information to the USMS for their review, the user clicks on
the "Alert US Marshal" button within the offender's record. This
automatically generates an email to one of the 8 Regional Chiefs
across the US. Once the chief has reviewed the lead, they will forward
this down to the SOPC for their review. The SOPC will then log onto
OffenderWatch®, and review all of the data that has already been
captured by the managing agency, as well as any other previous
managing agency. USMS marshal users can also run reports,
generate forms, and gather historical information that is important in
their review. The USMS also has access to put the offender into a
USMS specifically designed "status." Any updates that are made by
the USMS will automatically trigger a System Message back to the
local user.
Benefits of OffenderWatchO
Now with the partnerships between the USMS and Watch Systems,
local agencies are saving much of their valuable time gathering
information and sending it over to the USMS. The partnership has
also reduced some confusion in that both the officer and the USMS are
sharing and updating information on 1 offender record. Since the
USMS has gone live with OffenderWatch®, there have been over 90
arrests, made on absconded sex offenders
It took weeks to prepare expensive notifications
Since 2000, Greenville County schools and daycares have been
notified of every registered sex offender that lives within one half mile
of their facilities on an annual basis. However, Beverly Pettit, SOR Unit
Coordinator for the Greenville County Sheriff's Office, who manages
this task, could not determine which offenders resided within the
prescribed radius of each school and daycare. To ensure compliance,
Beverly would spend over 3 weeks creating more than 400 packets
containing all the offender data on all of the almost 700 registered
offenders in the county. She would then manually mail these packets
to all daycares and schools in their jurisdiction.
OffenderWatchO email notification enables
The Greenville County Sheriff's Office was one of the first agencies to
implement OffenderWatch® in South Carolina. Beverly soon discovered
the benefits of an integrated offender management system. Beverly
found she could use the system to sign up schools and daycares for
special email notifications. The email now gives schools and daycares
instant notification of new offenders that have moved within the
prescribed radius. They also have access to current information on
offenders residing, working, or volunteering in their area.
Benefits of Off enderWatcO
"This has cut a task that had previously taken over three weeks to
finish, down to virtually no time at all. Now when a new offender
moves within proximity to a school or daycare it does the notification
automatically by email. It also allows schools to access details on
offenders Including photographs and mapping information which shows
them their proximity to the offender's home. The only thing I now
have to do is ensure that any new school or daycare gets set up for
these notifications. Even the radius is set automatically. These
features allow for a more informed community, which ultimately leads
to a safer Greenville County," Said Mrs. Pettit.
Users Rave about OffenderWatch®
Vermont
"Vermont is very excited at having become a part of the
OffenderWatch®program ... So far your system has
resulted in many positive improvements and functionality
for our Sex Offender Registry. We are extremely pleased
with the base program and the add-on programs that we
purchased.... I would like to point out that your team in its
entirety was very courteous, conscientious and patient as
we adjusted your software to Vermont's somewhat
unique needs. They were always polite and helpful in
seeking options and solutions for our sometimes
perplexing circumstances. Overall I have to give them
very high marks for their professionalism. While, as in any
project of this nature, there were occasional bumps in the
road, there was never any doubt about their dedication
and their commitment to getting Vermont up and running
on OffenderWatch°. They leave us with a comfortable
feeling that the program will be around for a long time to
come, and maintained by highly qualified and professional
personnel. My most sincere appreciation for all their
efforts to date. Kudos to all involved in this project," says
Bruce A. Parizo, Deputy Director for Vermont Crime
Information Center.
Alabama
"Offend erWatch® has been an instrumental tool in
tracking sex offenders in Marshall County, Alabama. In the
past year alone, without the utilization of this technology,
our office would not have been able to apprehend several
missing sex offenders. Without hesitation, the top
notch support provided by the staff of OffenderWatch° is
to be commended," said Tina Brown, Sex Offender
Compliance Officer, Marshal County Sheriff's Office.
Washington
"The quick verification entry is wonderful. Updating the
transients (who report weekly) used to be very time
consuming, the quick verification has been a great time
saver," said Gaylynn Wilke, Pierce County, WA.
Kansas
"I think the biggest "WOW" is the alerts/messages we can
put with a person or a date or just about anything. When
you have someone that may be lost In the day to day
shuffle, an alert/message pops up to remind you that a
particular person needs your attention. I really like the
database. There are so many ways to look up and search
information and pull that information into reports, it just
unequaled in law enforcement today.. When we were
considering OffenderWatch®, we approached our IT folks
and they said they couldn't come close to matching
OffenderWatch® for everything it does. Rjust makes
managing this group of citizens much easier," said
Michael Oliver Sedgwick County, KS.
Indiana
"I think the data export and search capabilities. Being able
to export the data you put into the system is a great tool.
If we get to the point where we can export photos too,
the possible reports we could populate would be
endless," said Jeff Shimkus Allen County, IN.
Florida
"I have a few WOWS, but my very favorite is the manage
verification screen and being able to search for specific
dates to see when our offenders had their last address
verification (as well as being able to print out the
verification calendar). I also love the search ability
features where I can narrow down my search to more
specifics to try to locate an offender." Lily Efird Volusia
County, FL.
Nevada
"My favorite portion of Offender Watch is the public side
of our site because it's so important to inform the
community of sex offender whereabouts and the
community email notifications," said Kristen Zidzik Las
Vegas Metro, NV.
FUNDING AGREEMENT
BETWEEN BRAZOS COUNTY AND
ARTS COUNCIL OF BRAZOS VALLEY
THIS AGREEMENT FOR THE FUNDING ("Agreement") is made and entered into by
and between ARTS COUNCIL OF BRAZOS VALLEY, a private nonprofit corporation chartered
by the State of Texas, acting by and through its duly authorized agent(s) and officer(s),
hereinafter referred to as ("ACBV"), and Brazos County acting by and through its
Commissioners Court, duly authorized to act, hereinafter referred to as ("County").
RECITALS:
WHEREAS, County finds a public purpose in creating awareness of the fine arts among
members of the public; and
WHEREAS, ACBV provides assistance to local arts organizations of the County through
funding support, advocacy, outreach, marketing and partnership building; and
WHEREAS, ACBV provides programs involving education, cultural enrichment and
heritage preservation of and for Brazos County residents and visitors; and
WHEREAS, ACBV provides educational programs and opportunities to children, youth,
adults and seniors through providing arts related programs, scholarships for young people,
assisting County arts organizations in the development and institution of said educational
programs; and
WHEREAS, ACBV fosters creative learning, community involvement, quality of life and
tourism through said above listed programs and activities; and
WHEREAS, ACBV provides and maintains a public cultural facility and provides funding
to member organizations, in part, for facilities acquisition and upkeep; and
WHEREAS, ACBV through its funding programs has provided benefit to Brazos County,
Texas through programs attracting over 100,000 participants, and resulting in significant
purchases of goods and services from Brazos County, Texas merchants; and
Ails Council o/'Brazos Valley Agreement
Page 1 of 5
Ina
WHEREAS, ACBV has provided funding to assist local performing, visual, educational
and literary arts groups, (collectively "Services").
NOW, THEREFORE, COUNTY and ACBV hereby agree as follows:
AGREEMENT
ACBV through its programs, funding and support of member organizations agrees to
provide the above enumerated services, which it has provided and agrees to continue to provide
in support of arts, cultural and heritage organizations.
II.
County, for and in consideration of the services provided to County, hereby agrees to
pay to ACBV a total payment of $8,000.00 ("Funds") for the year beginning October 1, 2016
and ending September 30, 2017. Payment of such sum will be paid upon receipt of invoice.
III.
ACBV agrees to provide an annual account of how the Funds were spent to meet the
above described services. ACBV agrees to furnish any information requested by the County
Auditor, including documentation of the use of funds received from the County.
IV.
ACCOUNTING AND AUDIT
ACBV agrees that County, or its designated representative, shall have the right to review
and to copy any records and supporting documentation pertaining to the performance of this
Agreement. ACBV agrees to maintain such records for possible audit for a minimum of three (3)
years after the termination date of this Agreement, unless a longer period of records retention is
stipulated. ACBV agrees to allow the auditor(s) access to such records during normal business
hours and to allow interviews of any employees who might reasonably have information related
to such records. ACBV agrees that County, or its designated representative, shall further have
the right to review and to copy any records and supporting documentation for prior years in
which County provided funds to the ACBV under prior Agreements.
Brazos County Commissioners Court may, in its sole discretion, require that an independent
financial audit be performed on the records of ACBV. If an independent financial audit is
performed, a management letter will be prepared by the auditor as part of the process and a
copy or said management letter shall be delivered to the Brazos County Commissioners Court.
Arls Council of Brazos Valley Agreement
L. I
Page 1 of 5
The management letter shall identify issues that might not otherwise require disclosure in the
ACBV annual financial report, but which are of concern to or under the suggestion of the
auditor. If the Brazos County Commissioners Court determines that the audit will be conducted
by an independent third party, all costs and expenses associated with said audit will be solely
paid for by the ACBV.
Annual financial statements (audited if available) are due to County within six (6) months of
completion.
V.
RECORD RETENTION
The ACBV shall be responsible for record keeping on all services provided and agrees
to maintain and make available for inspection by the County upon request consistent with
Federal and State law, any and all records the County determines, in its sole discretion, to be
necessary for the Court to justify its continued participation in supporting the ACBV with funding.
Such records shall be retained for at least three (3) years from the date the service was
provided. These records shall be made available for inspection and audit by the County, if it so
desires.
VI.
INDEMNITY
The parties hereto agree to indemnify one another for and hold one another harmless
from and against all suits, claims, demands, liabilities or actions resulting or alleged to result
from the breach, violation or non-performance of the services stated herein and for any damage
to any person resulting from any action or omission or negligence on the part of each party
hereto.
VII.
INSURANCE
The parties hereto agree that the ACBV shall be an independent contractor and not any
employee or agent of the County and that each shall maintain at its own expense, adequate
Ails Council of Brazos Vailey Agreement Page 3 of 5
liability insurance to insure against damages and liabilities which may arise due to the duties
and obligations funded herein.
VIII.
COUNTY INVOLVEMENT
The County and ACBV state that to the best of their knowledge, no officer, agent or
employee of the County who exercises any function or responsibility in connection with the
carrying out of this Agreement or the services to which it relates has personal interest direct or
indirect, in this Agreement.
Texas.
IX.
GOVERNING LAW
This Agreement shall be executed in and shall be governed by the laws of the State of
X.
NOTICES
All notices required to be given hereunder shall be deemed to be duly given by
delivering such notice or by mailing it, certified mail RRR to the other party at the following
addresses:
Arts Council of Brazos Valley
2275 Dartmouth Street
College Station, Texas 77840
Brazos County Commissioners Court
200 So. Texas Ave. No. 310
Bryan, Texas 77803
XI.
FURTHER ASSURANCES
Each party hereto agrees to perform any further acts and to execute and deliver any
further documents which may be necessary to carry out the provisions of this Agreement.
Arts Camcil oJ'Brazos valley Agreement Page 4 nj 5
Vol.
XII.
SEVERABILITY
In the event that any of the provisions or portions thereof, of this Agreement, are held to
be unenforceable or invalid by any court of competent jurisdiction, the validity and enforceability
of the remaining provisions or portions thereof shall not be affected thereby.
XIII.
ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties hereto
concerning the subject matter contained herein. There are no representations, agreements,
arrangements, or understanding, oral or written, between or among the parties hereto, relating
to the subject matter of the Agreements, which are not fully expressed herein,
XIV.
ASSIGNABILITY
This Agreement is not assignable by the ACBV without the prior written consent of the
County.
WITNESS OUR HANDS thisy day of 2016.
Arts Council of Brazos Valley, Inc.
cc, ,
By:
Chris Dyer, Ex utive Director
�v Attest:
Han mmond, President
Brazos County, Texas
Arts Council of Brazos Vrdley Agreement Page 5 of 5
FUNDING AGREEMENT
BETWEEN BRAZOS COUNTY AND
BRAZOS COUNTY PRECINCT 3 VOLUNTEER FIRE DEPARTMENT, INC.
THIS AGREEMENT for the Funding of Fire Protection Service of Precinct Three
("Agreement') is hereby effective October 1, 2016, by and between the BRAZOS
COUNTY PRECINCT THREE VOLUNTEER FIRE DEPARTMENT, INC.
("Department') and BRAZOS COUNTY, TEXAS, ("County'), each acting by and
through its duly authorized agents;
RECITALS
WHEREAS, the County is authorized to contract with an incorporated volunteer
fire department to provide fire protection pursuant to Local Government Code §352.001;
and
WHEREAS, the County believes it is more cost effective to contract with a
volunteer fire department than to purchase equipment and operate a County fire
department; and
WHEREAS, the Department is located within the County and shall provide fire
protection to an area of the County that is located outside the municipalities in the
County; and
WHEREAS, the Department has the personnel and equipment to provide such
services and would benefit by the payment of funds by the County.
NOW, THEREFORE, the parties, in consideration of the mutual covenants and
conditions contained herein, agree as follows:
SCOPE
AGREEMENT
Department shall provide fire protection services to any person who requests
it within the confines of Precinct 3, as described on Exhibit "A" attached
hereto and made a part hereof for all purposes; provided however, if
assistance is requested by other fire departments for Precinct 1, 2 and 4 it
shall provide services in these areas, if possible. A more detailed map of the
various Fire Districts can be obtained at the Brazos County Appraisal District
at 1673 Briarcrest Drive, Suite A-101, Bryan, Texas 77802, and the parties
agree to use the records maintained by that office if a question about the
boundaries of the Precincts should arise.
Precinct 3 Volunteer Fire Deg Agreement _ _ Page 1 oj4
19b
2. All requests for services under this Agreement shall be made through the 9-1-
1 Emergency Communications District, which dispatches fire protection units
for the County.
3. Department will maintain fire fighting equipment and certified personnel in
compliance with Subchapter D of Chapter 419, Texas Government Code.
The County is not responsible for damage to equipment or injury to any
person, or for the actions of the Department or their volunteers except
as expressly provided by this Agreement.
PAYMENTS
4. County shall pay Department the sum of $29,000.00 upon execution of this
Agreement ("Funds").
The County shall make all payments to Department for these services from
current revenues.
TERM AND TERMINATION
6. This Agreement term shall be from October 1, 2016, and terminate at 12:00
a.m. (C.S.T.) on September 30, 2017
. Either party shall have the right to terminate this Agreement, without cause,
upon thirty (30) days written notice of such termination. Should the
Agreement be terminated, the rights and obligations of the parties hereunder
shall terminate, except that the rights and obligations of the parties that have
accrued under this Agreement prior to the date of termination shall survive. In
the event of a termination, the fee payable pursuant hereto shall be adjusted
on a pro -rata basis and refunded within thirty (30) days of such termination.
NOTICES
8. All notices issued between parties to this Agreement shall be in writing. All
notices shall be deemed given on the date personally delivered, faxed, or
deposited in the U.S. Mail to the following parties:
Department: Brazos County Precinct Three Volunteer Fire Department, Inc.
P.O. Box 5453
Bryan, TX 77805-5453
Attn: Gerald Burnett, Fire Chief
County: Brazos County Commissioners Court
200 South Texas Ave., Suite 310
Bryan, TX 77803
Precinct 3 Volunteer hire Dept. Agreement } Page 2 of4
vol..�L__._. Pct„ �j- p
DEFENSE OF CLAIMS
9. Pursuant to Local Government Code §352.004, the act of a person who, in
carrying out the County's authority to provide fire protection under this
Agreement, furnishes fire protection to a County resident who lives outside
the municipalities in the County, including the act of a person who is a regular
employee or fire fighter of a municipality, is considered to be the act of an
agent of the County.
10. The County does not waive or relinquish any immunities or defense it has
under law, on behalf of itself, its officers, employees, or agents as a result of
its execution of this Agreement and the performance of the covenants herein.
MISCELLANEOUS PROVISIONS
11. If any provision of the Agreement shall be held to be invalid, illegal, or
unenforceable by a court or other tribunal of competent jurisdiction, the
validity and enforceability of the remaining provisions shall not in any way be
affected or impaired thereby. The parties shall use their best efforts to replace
the respective provisions or provisions of this Agreement with legal terms and
conditions approximating the original intent of the parties.
12. This Agreement is the entire Agreement between the Department and the
County relating to the provision of fire protection services and supersedes any
and all prior Agreements, arrangements, or understandings, whether written
or oral.
13. This Agreement is for the benefit of the parties to the Agreement, and does
not confer any rights on any third parties.
14. No amendment to this Agreement shall be effective and binding unless and
until it is reduced to writing and signed by the authorized representatives of all
parties.
15. This Agreement has been made under and shall be governed by the laws of
the State of Texas. This Agreement and all matters related thereto shall be
performed in Brazos County, Texas.
16. Failure of any party at any time, to enforce a provision of this Agreement,
shall not constitute a waiver of that provision, nor in any way affect the validity
of this Agreement or the right of any party thereafter to enforce each and
every provision hereof. No term of this Agreement shall be deemed waived or
breach excused unless the waiver shall be in writing and signed by the
party(ies) claimed to have waived. Furthermore, any consent to or waiver of a
breach will not constitute consent to or waiver of or excuse of any other,
different or subsequent breach.
Precinct 3 Volunteer Fire Dept. Agreement' --- Page 3 oj4
17. It is understood and agreed that this Agreement may be executed in a
number of identical counterparts, each of which shall be deemed an original
for all purposes.
INFORMATION FURNISHED BY RECIPIENT
18. Department agrees that County, or its designated representative, shall have
the right to review and to copy any records and supporting documentation
pertaining to the performance of this Agreement. Department agrees to
maintain such records for possible audit for a minimum of three (3) years after
the termination date of this Agreement, unless a longer period of records
retention is stipulated. Department agrees to allow the auditor(s) access to
such records during normal business hours and to allow interviews of any
employees who might reasonably have information related to such records.
Department agrees that the County, or its designated representative, shall
further have the right to review and to copy any records and supporting
documentation for prior years in which Brazos County provided funds to the
Department under prior Agreements. Any audit will be conducted by County
personnel or an independent third party, as determined by the Brazos County
Commissioners Court. If the Brazos County Commissioners Court
determines that the audit will be conducted by an independent third party, all
costs and expenses associated with said audit will be solely paid for by the
Department. If an independent financial audit is performed, a management
letter will be prepared by the auditor as part of the process and a copy of said
management letter shall be delivered to the Brazos County Commissioners
Court. The management letter shall identify issues that might not otherwise
require disclosure in the Department annual financial report, but which are of
concern to or under the suggestion of the auditor. Annual financial
statements (audited if available) are due to County within six (6) months of
completion.
Brazos County Precinct Three
Volunteer Fire Department, Inc.
By:' .
Ger6ld Burnett, Fire Chief
Date: 041 j lo -01&
A'
Precinct 3 Volunteer Fire Dept Agreement
Brazos
onbekl-o- 1bU
Date:
Page 4 of 4
FUNDING AGREEMENT
BETWEEN BRAZOS COUNTY AND
BRAZOS COUNTY PRECINCT 4 VOLUNTEER FIRE DEPARTMENT, INC.
THIS AGREEMENT for the Funding of Fire Protection Service of Precinct Four
("Agreement") is hereby made effective October 1, 2016, by and between the BRAZOS
COUNTY PRECINCT FOUR VOLUNTEER FIRE DEPARTMENT, INC. ("Department")
and BRAZOS COUNTY, TEXAS, ("County"), each acting by and through its duly
authorized agents;
RECITALS
WHEREAS, the County is authorized to contract with an incorporated volunteer
fire department to provide fire protection pursuant to Local Government Code §352.001;
and
WHEREAS, the County believes it is more cost effective to contract with a
volunteer fire department than to purchase equipment and operate a County fire
department; and
WHEREAS, the Department is located within the County and shall provide fire
protection to an area of the County that is located outside the municipalities in the
County; and
WHEREAS, the Department has the personnel and equipment to provide such
services and would benefit by the payment of funds by the County.
NOW, THEREFORE, the parties, in consideration of the mutual covenants and
conditions contained herein, agree as follows:
SCOPE
AGREEMENT
Department shall provide fire protection services to any person who requests
it within the confines of Precinct 4, as described on Exhibit "A" attached
hereto and made a part hereof for all purposes; provided however, if
assistance is requested by other fire departments for Precinct 1, 2 and 3 it
shall provide services in these areas, if possible. A more detailed map of the
various Fire Districts can be obtained at the Brazos County Appraisal District
at 1673 Briarcrest Drive, Suite A-101, Bryan, Texas 77802, and the parties
agree to use the records maintained by that office if a question about the
boundaries of the Precincts should arise.
Pred"d 4 Vo6mfeer Fire Dryr. Agreeniem Page 1 of 4
VOL
Ne,
DEFENSE OF CLAIMS
8. Pursuant to Local Government Code §352.004, the act of a person who, in
carrying out the County's authority to provide fire protection under this
Agreement, fumishes fire protection to a County resident who lives outside
the municipalities in the County, including the act of a person who is a regular
employee or fire fighter of a municipality, is considered to be the act of an
agent of the County.
9. The County does not waive or relinquish any immunities or defense It has
under law, on behalf of itself, its officers, employees, or agents as a result of
its execution of this Agreement and the performance of the covenants herein.
MISCELLANEOUS PROVISIONS
10. If any provision of the Agreement shall be held to be invalid, illegal, or
unenforceable by a court or other tribunal of competent jurisdiction, the
validity and enforceability of the remaining provisions shall not in any way be
affected or impaired thereby. The parties shall use their best efforts to replace
the respective provisions or provisions of this Agreement with legal terms and
conditions approximating the original Intent of the parties.
11. This Agreement is the entire Agreement between the Department and the
County relating to the provision of fire protection services and supersedes any
and all prior Agreements, arrangements, or understandings, whether written
or oral.
12. This Agreement is for the benefit of the parties to the Agreement, and does
not confer any rights on any third parties.
13. No amendment to this Agreement shall he effective and binding unless and
until it is reduced to writing and signed by the authorized representatives of all
parties.
14. This Agreement has been made under and shall be governed by the laws of
the State of Texas. This Agreement and all matters related thereto shall be
performed in Brazos County, Texas.
15. Failure of any party at any time, to enforce a provision of this Agreement,
shall not constitute a waiver of that provision, nor in any way affect the validity
of this Agreement or the right of any party thereafter to enforce each and
every provision hereof. No term of this Agreement shall be deemed waived or
breach excused unless the waiver shall be in writing and signed by the
party(ies) claimed to have waived. Furthermore, any consent to or waiver of a
breach will not constitute consent to or waiver of or excuse of any other,
different or subsequent breach.
Premir.r 4 Vorunleer Fire Dego Agreement Page 3 of 4
2. All requests for services under this Agreement shall be made through the 9-1-
1 Emergency Communications Distdct, which dispatches fire protection units
for the County.
3. Department will maintain fire fighting equipment and certified personnel in
compliance with Subchapter D of Chapter 419, Texas Govemment Code.
The County is not responsible for damage to equipment or injury to any
person, or for the actions of the Department or their volunteers except
as expressly provided by this Agreement.
PAYMENTS
4. County shall pay Department the sum of $29,000.00 upon execution of this
Agreement ("Funds").
5. The County shall make all payments to Department for these services from
current revenues.
TERM AND TERMINATION
S. This Agreement term shall be from October 1, 2016, and terminate at 12:00
a.m. (C.S.T.) on September 30, 2017. Either party shall have the right to
terminate this Agreement, without cause, upon thirty (30) days written notice
of such termination. Should the Agreement be terminated, the rights and
obligations of the parties hereunder shall terminate, except that the rights and
obligations of the parties that have accrued under this Agreement prior to the
date of termination shall survive. In the event of a termination, the fee payable
pursuant hereto shall be adjusted on a pro -rata basis and refunded within
thirty (30) days of such termination.
NOTICES
All notices issued between parties to this Agreement shall be in writing. All
notices shall be deemed given on the date personally delivered, faxed, or
deposited in the U.S. Mail to the following parties:
Department: Brazos County Precinct Four Volunteer Fire Department, Inc.
P.O. Bou 4186
Bryan, TX 77885
Attn: Joe Ondrasek, Fire Chief
County: Brazos County Commissioners Court
200 South Texas Ave., Suite 310
Bryan, TX 77803
Precinct 4 Volunteer Fire Dept. Agreement Page 2 of 4
16. It is understood and agreed that this Agreement may be executed in a
number of identical counterparts, each of which shall be deemed an original
for all purposes.
INFORMATION FURNISHED BY RECIPIENT
17. Department agrees that County, or its designated representative, shall have
the right to review and to copy any records and supporting documentation
pertaining to the performance of this Agreement. Department agrees to
maintain such records for possible audit for a minimum of three (3) years after
the termination date of this Agreement, unless a longer period of records
retention is stipulated. Department agrees to allow the auditor(s) access to
such records during normal business hours and to allow interviews of any
employees who might reasonably have information related to such records.
Department agrees that the County, or its designated representative, shall
further have the right to review and to copy any records and supporting
documentation for prior years in which Brazos County provided funds to the
Department under prior Agreements. Any audit will be conducted by County
personnel or an independent third party, as determined by the Brazos County
Commissioners Court. If the Brazos County Commissioners Court
determines that the audit will be conducted by an independent third party, all
costs and expenses associated with said audit will be solely paid for by the
Department. If an independent financial audit is performed, a. management
letter will be prepared by the auditor as part of the process and a copy of said
management letter shall be delivered to the Brazos County Commissioners
Court. The management letter shall identify issues that might not otherwise
require disclosure in the Department annual financial report, but which are of
concern to or under the suggestion of the auditor. Annual financial
statements (audited if available) are due to County within six (6) months of
completion.
Brazos County Precinct Four
Volunteer Fire Department, Inc.
By:
On Vek, Fire Chief
Date:
ATTEST:
County
Precinct Volunteer Fire Dept. Agreement ( ' A,Skd 'QPa�e 4 aJ 4
V <%
Ind
INDIGENT HEALTH CARE AGREEMENT
This Indigent Health Care Agreement ("Agreement") Is entered into by and between
BRAZOS COUNTY acting by and through its duly elected COURT OF
COMMISSIONERS (hereinafter "County") and the BRAZOS VALLEY COUNCIL OF
GOVERNMENTS (hereinafter "BVCOG").
The purpose of the Agreement is to provide for the administration of the heath care
program for eligible Brazos County residents pursuant to the Indigent Health Care and
Treatment Act, Texas Health &Safety Code, Chapter 61 (the "Act").
The parties mutually agree as follows:
In compliance with the Indigent Health Care and Treatment Act ("Acr), County agrees to
provide basic health care assistance to eligible County residents by reimbursing
providers of services to households who meet the requirements of the Act, the Texas
Department of State Health Services regulations and the Texas Administrative Code
Title 25, Chapter 14. County enters into this agreement with the BVCOG to share the
costs of the regional administration of the Indigent Health Care Program.
RATES FOR REIMBURSEMENT
The County agrees to pay the County's share of the cost of the administration of the
County Indigent Health Care (CIHC) Program for eligible Brazos County residents.
County agrees to pay BVCOG 96 700.00 ("Funds") for the 2017 fiscal year, October 1,
2016 through September 30, 2017, in quarterly Installments.
RESPONSIBILITIES OF BVCOG
For and in consideration of the funding provided by the County, the BVCOG agrees to
administer the Brazos County Indigent Health Care Program in compliance with the Act
and pursuant to the regulations of the Texas Department of State Health Services and
the Texas. Administrative Code, Title 25, Chapter 14, by providing:
1. Written minimum eligibility' standards and application, documentation, and
verification procedures to determine eligibility for indigent health care under
the Act.
2. An annual review no later than the beginning of a state fiscal year of the
County eligibility standards and a reasonable notice of the standards to the
public.
3. An application procedure including forms and notification of the procedure to
the public.
2017 CIRC Agreement
BR4ZOS County — BTACOG
4. Intake services in Brazos County at least once a month.
5. Assistance to applicants in the accurate completion of the application process
including all needed verifications, documentation, and supplemental information.
6. Screening, assessment, and determination of each applicant's eligibility for indigent
health care.
7. An explanation to the applicant, if approved, of the obligation to report any change in
income or resources that might affect the applicant's eligibility and the possible
penalties under the law for failure to report such a change..
8. A decision regarding acceptance or denial of the application not later 14'" than the
day after the date on which the BVCOG receives a complete application, and a
written notification of the decision to the applicant, including the reason for any
denial, the process for resubmitting an application at any time circumstances Justify a
redetermination of eligibility, and an explanation of the appeals procedure.
9. An administrative hearing procedure with appropriate due process considerations,
notification forms, and an appeals process for individuals or households whose
application has been denied.
10. Retention of all records relating to an application at least until the and of the third
complete state fiscal year following the date on which the application is submitted,
11. A response to all Inquiries regarding the program pursuant -to the Texas Public
Information Act, Texas Government Code Chapter 552.
12. An annual written review of the program's management and operation.
13. A review of the eligibility of each household at least once every six (6) months.
14. A list of eligible Brazos County residents distributed to each provider once every six
(6) months.
15. A review of all bills submitted to BVCOG by the medical provider(s) to verify
accuracy and the eligibility of the patient.
16. Remittance to the County of bills that have been reviewed and approved for payment
to the medical provider.
2017 CIHCAgreemenr
BRA70S County — BVCOG
RESPONSIBILITIES OF THE COUNTY
For and in consideration of the services provided by BVCOG, the County will provide:
1. Payment in accordance with the payment standards of the Act for services
determined by BVCOG to be an accurate rendering of services to an eligible patient.
2. Payment of BVCOG'S cost to administer Brazos County's portion of the indigent
health care program on a quarterly basis.
3. An audit of the program.
4. Responsibility for payment of services in accordance with the Indigent Health Care
and Treatment Act.
5. Payment for County's pro rata share of outside audit services, if necessary.
TERM
This Agreement is for one (1) year, from October 1, 2016 until September 30, 2017.
CANCELLATION
This Agreement may be cancelled by either of the parties hereto upon sixty (60) days written
notice.
AUDIT
BVCOG agrees that County, or its designated representative, shall have the right to review and
to copy any records and supporting documentation pertaining to the performance of this
Agreement. BVCOG agrees to maintain such records for possible audit for a minimum of three
(3) years after the termination date of this Agreement, unless a longer period of records
retention is stipulated. BVCOG agrees to allow the auditor(s) access to such records during
normal business hours and to allow interviews of any employees who might reasonably have
information related to such records. BVCOG agrees that County, or Its designated
representative, shall further have the right to review and to copy any records and supporting
documentation for prior years in which County provided funds to the BVCOG under prior
Agreements. Any audit will be conducted by County personnel or an independent third party, as
determined by the Brazos County Commissioners Court. If the Brazos County Commissioners
Court determines that the audit will be conducted by an independent third party, all costs and
expenses associated with said audit will be solely paid for by the COUNTY.
Annual financial statements (audited if available) are available to the Brazos County upon
request within six (6) months of completion.
2017 CIHCAgreement
BRAZOS County — BVCOG
ALTERNATIVE DISPUTE RESOLUTION
The parties agree that, in the event that suit is filed by either of them based on or pertaining to
this Agreement, they shall submit this dispute to mediation as described in Section 154.023 of
the Texas Civil Practices and Remedies Code. The parties further agree that the results of the
mediation will not be binding on the parties. The parties shall have the right to undertake
proceedings in a court of proper jurisdiction.
INDEMNITY
Any monetary loss suffered by the County from ineligible clients, mistake, fraud or other
conditions can be recovered from the BVCOG only to the extent of available insurance.
AMENDMENT
This Agreement shall be automatically amended by the amendments made to the Act by the
State Legislature. In all other respects, this Agreement may be modified, amended, altered or
extended only by a written amendment signed by the parties.
GOVERNING LAW
This Agreement shall be executed in and shall be governed by the laws of the State of Texas.
Venue shall be in Brazos County, Texas.
FURTHER ASSURANCES
Each party hereto agrees to perform any further acts and to execute and deliver any further
documents, which may be necessary to carry out the provisions of this Agreement.
FORCE MAJEURE
Neither party shall be liable for any failure or delay in performance under this Agreement (other
than for delay in the payment of money due and payable hereunder) to the extent said failures
or delays are proximately caused by causes beyond that party's reasonable control and
occurring without its fault or negligence, including, without limitation, failure of suppliers,
subcontractors, and software providers, phone and Internet service providers, carriers, or other
parties to substantially meet its performance obligations under this Agreement, provided that, as
a condition to the claim of nonliability, the party experiencing the difficulty shall give the other
prompt written notice, with full details following the occurrence of the cause relied upon and an
expected date when obligations under this Agreement will be resumed.
SEVERABILITY
If any clause or provision hereof Is invalid, unenforceable or illegal under present or future laws,
or held to be invalid by a court of competent jurisdiction, the validity and enforceability of the
remaining provisions or portions hereof shall not be affected.
2017 CIRC Agreement
BRAZOS County — BVCOG
ENTIRE AGREEMENT
This Agreement contains the entire agreement between the parties. There are no
representations, agreements, arrangements or understandings, oral or written, between or
among the parties hereto, relating to the subject matter of the Agreement, which are not fully
expressed herein.
FISCAL FUNDING
Notwithstanding any provisions contained herein, the obligations of the County under this
Agreement are expressly contingent upon the availability of funding for each item or obligation
contained herein for the term of the Agreement and any extension thereto. BVCOG, or any
other person or entity directly or indirectly employed by the BVCOG or any other person or
entity to whom the BVCOG may be liable to, shall have no right of action against the County in
the event the county is unable to fulfill Its obligations under this Agreement as a result of lack of
sufficient funding for any item or obligation from any source utilized to fund this Agreement or
failure to budget or authorize funding for this Agreement during the current or future fiscal years.
In the event that the County is unable to fulfill its obligations under this Agreement as a result of
lack of sufficient funding, or if funds become unavailable, the County may, in its sole discretion,
provide funds from a separate source or may, in its sole discretion, terminate this Agreement by
written notice to the BVCOG at the earliest possible time under the circumstances.
EFFECTIVE the I6t- day of2016
COUNTY
ai=:=
BRAZOS VALLEY COUNCIL OF GOVERNMEN
Wilkin n, Jr.
ecu ' rector
FUNDING AGREEMENT
BETWEEN BRAZOS COUNTY AND
DISTRICT TWO VOLUNTEER FIRE DEPARTMENT, INC.
THIS AGREEMENT for the Funding of Fire Protection Service of District Two
("Agreement") is hereby effective October 1, 2016, by and between the DISTRICT TWO
VOLUNTEER FIRE DEPARTMENT, INC., BRAZOS COUNTY, TEXAS ("Department')
and BRAZOS COUNTY, TEXAS, ("County"), each acting by and through its duly
authorized agents;
1:0061ric1�-1
WHEREAS, the County is authorized to contract with an incorporated volunteer
fire department to provide fire protection pursuant to Local Government Code §352.001;
and
WHEREAS, the County believes it is more cost effective to contract with a
volunteer fire department than to purchase equipment and operate a County fire
department; and
WHEREAS, the Department is located within the County and shall provide fire
protection to an area of the County that is located outside the municipalities in the
County; and
WHEREAS, the Department has the personnel and equipment to provide such
services and would benefit by the payment of funds by the County.
NOW, THEREFORE, the parties, in consideration of the mutual covenants and
conditions contained herein, agree as follows:
SCOPE
r_�H:�aa�•tlai,rr
Department shall provide fire protection services to any person who requests
it within the confines of Precinct 2, as described on Exhibit "A" attached
hereto and made a part hereof for all purposes; provided however, if
assistance is requested by other fire departments for Precinct 1, 3 and 4 it
shall provide services in these areas, if possible. A more detailed map of the
various Fire Districts can be obtained at the Brazos County Appraisal District
at 1673 Briarcrest Drive, Suite A-101, Bryan, Texas 77802, and the parties
agree to use the records maintained by that office if a question about the
boundaries of the Precincts should arise.
District 2 Volunteer Fire Agreement
Page I of 4
i7e,
2. All requests for services under this Agreement shall be made through the 9-1-
1 Emergency. Communications District, which dispatches fire protection units
for the County.
3. Department will maintain fire fighting equipment and certified personnel in
compliance with Subchapter D of Chapter 419, Texas Government Code.
The County is not responsible for damage to equipment or injury to any
person, or for the actions of the Department or their volunteers except
as expressly provided by this Agreement.
PAYMENTS
4. County shall pay Department the sum of $29,000.00 upon execution of this
Agreement ("Funds").
5. The County shall make all payments to Department for these services from
current revenues.
TERM AND TERMINATION
6. This Agreement term shall be from October 1, 2016, and terminate at 12:00
a.m. (C.S.T.) on September 30, 2017. Either parry shall have the right to
terminate this Agreement, without cause, upon thirty (30) days written notice
of such termination. Should the Agreement be terminated, the rights and
obligations of the parties hereunder shall terminate, except that the rights and
obligations of the parties that have accrued under this Agreement prior to the
date of termination shall survive. In the event of a termination, the fee payable
pursuant hereto shall be adjusted on a pro -rata basis and refunded within
thirty (30) days of such termination.
NOTICES
7. All notices issued between parties to this Agreement shall be in writing. All
notices shall be deemed given on the date personally delivered, faxed, or
deposited in the U.S. Mail to the following parties:
Department: District Two Volunteer Fire
P.O. Box 32
Kurten, TX 77862
Department, Inc, Brazos County Texas
County: Brazos County Commissioners Court
200 South Texas Ave., Suite 310
Bryan, TX 77803
District 2 Volunteer Fire Agreement Page 2 of 4
r__ �_..e......_. _
DEFENSE OF CLAIMS
8. Pursuant to Local Government Code §352.004, the act of a person who, in
carrying out the County's authority to provide fire protection under this
Agreement, furnishes fire protection to a County resident who lives outside
the municipalities in the County, including the act of a person who is a regular
employee or fire fighter of a municipality, is considered to be the act of an
agent of the County.
9. The County does not waive or relinquish any immunities or defense it has
under law, on behalf of itself, its officers, employees, or agents as a result of
its execution of this Agreement and the performance of the covenants herein.
MISCELLANEOUS PROVISIONS
10. If any provision of the Agreement shall be held to be invalid, illegal, or
unenforceable by a court or other tribunal of competent jurisdiction, the
validity and enforceability of the remaining provisions shall not in any way be
affected or impaired thereby. The parties shall use their best efforts to replace
the respective provisions or provisions of this Agreement with legal terms and
conditions approximating the original intent of the parties.
11. This Agreement is the entire Agreement between the Department and the
County relating to the provision of fire protection services and supersedes any
and all prior Agreements, arrangements, or understandings, whether written
or oral.
12. This Agreement is for the benefit of the parties to the Agreement, and does
not confer any rights on any third parties.
13. No amendment to this Agreement shall be effective and binding unless and
until it is reduced to writing and signed by the authorized representatives of all
parties.
14. This Agreement has been made under and shall be governed by the laws of
the State of Texas. This Agreement and all matters related thereto shall be
performed in Brazos County, Texas.
15. Failure of any party at any time, to enforce a provision of this Agreement,
shall not constitute a waiver of that provision, nor in any way affect the validity
of this Agreement or the right of any party thereafter to enforce each and
every provision hereof. No term of this Agreement shall be deemed waived or
breach excused unless the waiver shall be in writing and signed by the
party(ies) claimed to have waived. Furthermore, any consent to or waiver of a
breach will not constitute consent to or waiver of or excuse of any other,
different or subsequent breach.
District 2 Volunteer Fire Agreement Page 3 of 4
Loli Peg„ � 3�
16. It is understood and agreed that this Agreement may be executed in a number of
identical counterparts, each of which shall be deemed an original for all
purposes.
INFORMATION FURNISHED BY RECIPIENT
17. Department agrees that County, or its designated representative, shall have the
right to review and to copy any records and supporting documentation pertaining
to the performance of this Agreement. Department agrees to maintain such
records for possible audit for a minimum of three (3) years after the termination
date of this Agreement, unless a longer period of records retention is stipulated.
Department agrees to allow the auditor(s) access to such records during normal
business hours and to allow interviews of any employees who might reasonably
have information related to such records. Department agrees that the County, or
its designated representative, shall further have the right to review and to copy
any records and supporting documentation for prior years in which Brazos
County provided funds to the Department under prior Agreements. Any audit will
be conducted by County personnel or an independent third party, as determined
by the Brazos County Commissioners Court. If the Brazos County
Commissioners Court determines that the audit will be conducted by an
independent third party, all costs and expenses associated with said audit will be
solely paid for by the Department. If an independent financial audit is performed,
a management letter will be prepared by the auditor as part of the process and a
copy of said management letter shall be delivered to the Brazos County
Commissioners Court. The management letter shall identify issues that might
not otherwise require disclosure in the Department annual financial report, but
which are of concern to or under the suggestion of the auditor. Annual financial
statements (audited if available) are due to County within six (6) months of
completion.
District Two Volunteer Fire Department, Inc, Brazos County, Texas
Brazos County, Texas
By: kl
An hony Peterson, President Duane Piet6rs\CotKty Jud
Date:
District 2 Volunteer Fire Agreement -� Page 4 of 4
11�
FUNDING AGREEMENT
BETWEEN BRAZOS COUNTY AND
EASTER SEALS EAST TEXAS, INC.
THIS FUNDING AGREEMENT ("Agreement") effective October 1, 2016 is
entered into by and between Brazos County, Texas, acting by and through its duly
elected County Commissioners (hereinafter "County"), and the Easter Seals East
Texas, Inc. (hereinafter "Service Provider"), located at 1318 Memorial Drive, Bryan,
Texas 77802,
RECITALS
WHEREAS, the medical care of the County's eligible indigent population has
become a growing problem; and
WHEREAS, pursuant to Chapter 61
County is the payor of last resort for the
eligible indigent county residents; and
of the Texas Health and Safety Code, the
Provision of basic health care services to
WHEREAS, the County is required by Chapter 61 of the Health and Safety Code
to provide, as a payor of last resort, certain basic health care assistance to its eligible
count residents and desires to do so through the Service Provider,
NOW THEREFORE the parties agree to the following terms and conditions to
provide such eligible indigent health care.
AGREEMENT
Term
The Agreement shall continue in force and effect for a term of twelve (12) months
commencing on the 1st day of October, 2016 and terminating 30th day of September,
2017.
Cancellation
This Agreement may be canceled by any of the parties hereto upon sixty (60)
days written notice as provided herein.
Services to be Performed by Service Provider
Service Provider shall provide the following services through trained, staff to
qualified county residents pursuant to the guidelines currently implemented for making
such determination: rehabilitation services, physical therapy, occupational therapy,
speech-language therapy, autism diagnosis and social services to the indigent
Easter Seals East Tesar, Inc. Page I of IS
nC>
Vol, pg��/
population of Brazos County who have been diagnosed with disabilities, developmental
delays or those who are at risk of developing a delay (collectively "Services"),
Use of County Funds
Funds to be furnished to Service Provider as stated below shall be used provide
Services to eligible indigent applicants ages 0 to 3.
County's Payment
The County agrees to provide the Service Provider a maximum sum of
$50,000.00 ("Funds") for the term of this Agreement.
Responsibilities of Service Provider
Service Provider will be responsible for providing the following Services pursuant
to this Agreement: .
1. Completing all necessary application forms to potentially eligible indigent
individuals.
2. Obtaining and compiling information on each applicant for Service Provider's
Services with regard to residency and financial qualifications.
3. Maintaining this Agreement.
4. Provision of the Service Provider's Services as defined herein.
5. Maintaining data files on clients/patients and the Services provided thereto.
6. Responding to all and any inquiries by the County regarding the Service Provider
and its Services.
7. Assisting the County with information needed for audit purposes.
8. Providing the County with quarterly financial statements.
9. Providing the County with any and all certified audits of Service Provider and the
management letter prepared in connection therewith.
10. Providing financial statements evidencing how County funds are spent. Such
statements to be submitted to County one (1) week prior to the funding dates set
forth herein above.
11. Providing the County with statistics evidencing the number of Brazos County
Easter Seals East Texas, Inc. Page 2 of is
V;: f. Z � r p IZ14
residents using the Service Provider's Services and the percentage Brazos
County residents comprise of the total population using Service Provider's
services.
Record Retention
The Service Provider shall be responsible for record keeping on all Services
provided to those individuals using its services and all financial records. The Service
Provider agrees to maintain and make available for inspection by the County upon
request, consistent with personal privacy, and subject to the limitation of state law, any
and all records the County determines, in its sole discretion, to be necessary for the
County to justify its continued participation in supporting the Service Provider with
funding. Such records shall be retained for at least three (3) years from the date the
service was provided. These records shall be made available for inspection and audit by
the County, if it so desires.
Accounting and Audit
The Service Provider agrees that County, or its designated representative, shall
have the right to review and to copy any records and supporting documentation
pertaining to the performance of this Agreement. The Service Provider agrees to
maintain such records for possible audit for a minimum of three (3) years after the
termination date of this Agreement, unless a longer period of records retention is
stipulated. The Service Provider agrees to allow the auditor(s) access to such records
during normal business hours and to allow interviews of any employees who might
reasonably have information related to such records. The Service Provider agrees that
County, or its designated representative, shall further have the right to review and to
copy any records and supporting documentation for prior years in which County
provided funds to the Service Provider under prior Agreements. Any audit will be
conducted by County personnel or an independent third party, as determined by the
Brazos County Commissioners Court. If the Brazos County Commissioners Court
determines that the audit will be conducted by an independent third party, all costs and
expenses associated with said audit will be solely paid for by the Service Provider.
Discrimination
The Service Provider shall not discriminate against any employee or applicant for
employment because of race, color, religion, sex, or national origin. The Service
Provider shall take affirmative action to ensure that applicants who are employed are
treated during employment, without regard to their race, color, religion, sex, or national
origin. Such action shall include, but not be limited to, the following: employment,
upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or
termination; rated of pay or other forms of compensation; and selection for training,
including apprenticeship. The Service Provider agrees to post in conspicuous places,
available to employees and applicants for employment, notices setting forth the
provisions of this nondiscrimination clause.
Easter Seals Fast Texas, Inc.
Page 3 of is
Confidentiality
The Service Provider shall comply with applicable local, State and Federal
statutes, laws and regulations as well as administrative rules regarding confidential
records or other information obtained by the Service Provider concerning persons
served under this Agreement. The records and information shall be protected by the
Service Provider from unauthorized disclosure.
Health Insurance Portability and Accountability Act
The Service Provider certifies that it is in compliance with the Health Insurance
Portability and Accountability Act of 1996 (HIPAA) Public Law No. 104-191, 45 CFR
Parts 160, 162 and 164, the Social Security Act 42 U.S.C. 1320d-2 through 1320d-7, in
that such Service Provider may not use or disclose protected health information other
than as permitted or required by law and agrees to use appropriate safeguards to
prevent use or disclosure of the protected health information. The Service Provider shall
maintain for a minimum of six (6) years all protected health information.
Indemnity
The Service Provider agrees to and shall indemnify and hold harmless and
defend the County, its officers, agents, and employees from and against any and all
claims, losses, damages, causes of action, suits, and liability of any kind, including
claims of respondent superior or vicarious liability, including all expenses of litigation,
court costs, and attorney's fees, for injury to or death of any person or any breach of
Agreement arising out of or in connection with any work done by the Service Provider
pursuant to this Agreement.
Insurance
Each party to this agreement is responsible for maintaining its own liability
insurance and worker's compensation insurance, and each party will provide proof of
same to the other party on request. The Service Provider shall maintain during the term
of this Agreement a $1,000,000.00 malpractice insurance policy and a General Liability
Policy of $1,000,000.00 naming Brazos County, as an additional insured. Such
coverage shall be designated as primary over any coverage Brazos County may have in
force. Service Provider shall provide a Certificate of Insurance for both policies which
shall provide for a fifteen (15) days advance notice to County of the cancellation of such
policy.
Independent Contractor
In all activities or Services performed hereunder, the Service Provider is an
independent contractor, and not an agent or employee of the County. The Service
Provider, as an independent contractor, shall be responsible for all medical services
F.asfer Seals East Texas, Inc. Page 4 of 15
provided and medical decisions made pursuant to the terms of this Agreement. The
Service Provider shall supply all materials, equipment and labor required for providing of
medical services as required herein. The Service Provider shall have ultimate control
over the execution of the work under this Agreement. County shall have no control over
any decision, recommendation, or action taken by the Service Provider pursuant to this
Agreement.
The County assumes no liability for actions of the Service Provider under this
Agreement, including, but not limited to, the negligent acts and omissions of Service
Provider's agents, employees and subcontractors in their performance of the Service
Provider's duties as described under this Agreement. The Provider agrees to hold
harmless Brazos County against any and all liability, loss, damage, cost or expenses,
including attorney's fees, arising from the intentional torts, negligence or breach of
Agreement of the Service Provider, with the exception of acts performed in
conformance with an explicit, written directive of the County, through its authorized
agents.
The Service Provider may not subcontract any portion of this Agreement nor
delegate any duties hereunder without prior written approval by Brazos County. In
emergencies, the Service Provider will request approval in writing within at least (24)
twenty-four hours of the use of a subcontractor to fulfill any obligations of this
Agreement.
Licensing
The Service Provider is
practice medicine. All permits
clinics shall also be maintained
Brazos County.
Events of Default:
required to maintain all applicable licensing permits to
to or certification necessary to operate the Provider's
Copies of any applicable licenses are to be filed with
The following shall be considered events of default:
a. Failure to maintain license to practice medicine or any restrictions being
placed upon such license by the Texas State Board of Medicine making
the providing of services hereunder impossible or difficult.
b. Failure to maintain all permits and licenses necessary to keep Service
Provider's clinics in operation.
c. Cancellation of Service Provider's medical malpractice insurance.
Upon an event of default, the County may terminate this Agreement on three (3)
days written notice mailed by certified mail return receipt requested to the address listed
below.
Eoater Seals East Terns, Inc. Page 5 of 15
VOL PC Z71' -f
Right of Audit and Monitoring
Service Provider agrees that County, or its designated representative, shall have
the right to review and to copy any records and supporting documentation pertaining to
the performance of this Agreement. Service Provider agrees to maintain such records
for possible audit for a minimum of three (3) years after the termination date of this
Agreement, unless a longer period of records retention is stipulated. Service Provider
agrees to allow the auditor(s) access to such records during normal business hours and
to allow interviews of any employees who might reasonably have information related to
such records. Service Provider agrees that County, or its designated representative,
shall further have the right to review and to copy any records and supporting
documentation for prior years in which County provided funds to the Service Provider
under prior Agreements. Any audit will be conducted by County personnel or an
independent third party, as determined by the Brazos County Commissioners Court. If
the Brazos County Commissioners Court determines that the audit will be conducted by
an independent third party, all costs and expenses associated with said audit will be
solely paid for by the Service Provider.
Venue and Governing Law
The venue of this Agreement is Brazos County, Texas, and this Agreement shall
be governed by and in accordance with the laws of the State of Texas.
Notices
All notices required to be given hereunder shall be deemed to be duly given by
delivering such notice or by mailing it, registered mail to the other party at the following
addresses:
Easter Seals East Texas, Inc.
C/O CEO
1318 Memorial Drive
Bryan, Texas 77802
Further Assurances
Brazos County
CIO Commissioners Court
200 S. Texas Ave., Suite 310
Bryan, Texas 77803
Each party hereto agrees to perform any further acts and to execute and deliver
any further documents which may be necessary to carry out the provisions of this
Agreement.
Severability
In the event that any of the provisions or portions thereof, of this Agreement, are
Easter Seals East Texas. Inc.
Page 6 of IS
VOL 07-///T pg' 14111
held to be unenforceable or invalid by any court of competent jurisdiction, the validity
and enforceability of the remaining provisions or portions thereof shall not be affected
thereby.
Amendments
This Agreement may be modified or amended at any time during its term by
mutual consent of the parties, expressed in writing, and signed by the parties.
Waiver
No failure of Brazos County to assert any right or remedy hereunder will act as a
waiver of its right to assert such right or remedy at a later time nor constitute a "course
of business" upon which Service Provider may rely, for the purpose of denial of such a
right or remedy to Brazos County.
Prior Notification
The Service Provider agrees to notify Brazos County prior to issuing public
announcements or press releases concerning work done pursuant to this Agreement, or
funded in whole or in part by this Agreement, and to cooperate with Brazos County in
joint or coordinated releases of information.
Notice of Chanae
The Service Provider shall give thirty (30) days prior written notice to Brazos
County, if there is a change in the Service Provider's legal status, federal employer
identification number (FEIN) or address. Brazos County reserves the right to take any
and all appropriate action. The Service Provider agrees to hold harmless Brazos County
for any acts or omissions by the County resulting from the Service Provider's failure to
notify of these changes.
In the event Service Provider becomes a party to any litigation, investigation or
transaction that may reasonably be considered to have a material impact on its ability to
perform under this Agreement, the Service Provider will immediately notify Brazos
County in writing.
Tax Exemot Status
As a political subdivision of the State of Texas, Brazos County is tax exempt.
Tax exemption certification will be furnished upon request.
Sovereign Immunity
This Agreement is expressly made subject to Brazos County's Sovereign
Immunity, Title 5 of the Texas Civil Practices and Remedies Code, and all applicable
Federal and State law. The parties expressly agree that no provision of this Agreement
is in any way intended to constitute a waiver or any immunities from suit or from liability
Easter Seals East Texas, Inc. Page 7 of 15
VOL pts,/ �
that the Brazos County has by operation of law. Nothing in this Agreement is intended
to benefit any third party beneficiary.
Assignability
This Agreement is not assignable by the Service Provider without the prior
written consent of the County.
Fiscal Funding Clause
Notwithstanding any provisions contained herein, the obligations of the County
under this Agreement are expressly contingent upon the availability of funding for each
item and obligation contained herein for the term of the Agreement and any extensions
thereto. The Service Provider or any other person or entity directly or indirectly
employed by the Service Provider or any other person or entity to whom the Service
Provider may be liable to, shall have no right of action against the County in the event
the County is unable to fulfill its obligations under this Agreement as a result of lack of
sufficient funding for any item or obligation from any source utilized to fund this
Agreement or failure to budget or authorize funding for this Agreement during the
current or future fiscal years. In the event that the County is unable to fulfill its
obligations under this Agreement as a result of lack of sufficient funding, or if funds
become unavailable, the County may, in its sole discretion, provide funds from a
separate source or may, in its sole discretion, terminate this Agreement by written
notice to the Service Provider at the earliest possible time under the circumstances.
Entire Agreement
This Agreement contains the entire understanding between the parties hereto
concerning the subject matter contained herein. There are no representations,
agreements, arrangements, or understandings, oral or written, between or among the
parties hereto, relating to the subject matter of the Agreements, which are not fully
expressed herein.
In witness whereof, the parties hereto have caused this Agreement to be
executed by their duly authorized representatives.
SERVICE PROVIDER
Easte Seal East Texas, nc. Date
Cheryl Allen, CEO
Easter Seals East Texas, Inc. Page 8 of] 5
Vol. Pq„ 1W
BRAZOS COUNTY, TEXAS
WIN
ATTEST:
Easter Seals East Texas, Inc.
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Dat
Page 9 of IS
BRAZOS COUNTY
BUSINESS ASSOCIATE AGREEMENT
Fj
('HIPAA"). The parties acknowledge that federal regulations relating to the
confidentiality of individually identifiable health information require covered
entities to comply with the privacy standards adopted by the U.S. Department of
Health and Human Services as they may be amended from time to time, 45
C.F.R. parts 160 and 164, subparts A and E ("the Privacy Rule") and the security
standards adopted by the U.S. Department of Health and Human Services as
they may be amended from time to time, 45 C.F.R. parts 160, 162 and 164,
subpart C ("the Security Rule"). Collectively, the Privacy Rule and the Security
Rule are referred to herein as "HIPAA Rules." The HIPAA Rules, as well as any
applicable state confidentiality laws, require Covered Entity to ensure that
business associates who receive confidential information in the course of
providing services on behalf of Covered Entity comply with certain obligations
regarding the confidentiality of health information. "Covered Entity" and
"Business Associate" are defined in the HIPAA Rules, and for the purposes of
this Agreement, shall refer to Brazos County and Service Provider, respectively.
B. Purposes for which Protected Health Information May Be Used or Disclosed. In
connection with the services provided by Business Associate on behalf of
Covered Entity pursuant to this Agreement, Covered Entity may use and disclose
protected health information ("PHI"), as defined in the HIPAA Rules.
C. Business Associate Obligations. Business Associate agrees to comply with
applicable federal and state confidentiality and security laws, including, but not
limited to the Privacy Rule and Security Rule, including without limitation:
1. Use of Protected Health Information ("PHP'). Business Associate shall not
use PHI except as necessary to fulfill the purposes of this Agreement.
Business Associate is permitted to use and disclose PHI as necessary for
the proper management and administration of Business Associate or to
carry out its legal responsibilities and its responsibilities under this
Agreement. However, Business Associate shall in such case:
(a) provide training to members of its workforce regarding the
confidentiality requirements in the HIPAA Rules and this
Agreement;
(b) obtain reasonable assurances from the person to whom the
information is disclosed that it will be held confidential and further
used and disclosed only as required by law or for the purpose for
which it was disclosed to the person or entity;
Easter Seals East Texas, Inc. Page 10 of 15
\ici.,��
(c) agree to notify the Covered Entity of any instances of which it is
aware in which the PHI is used or disclosed for a purpose that is
not otherwise provided for in this Agreement or for a purpose not
expressly permitted by the HIPAA Rules; and
(d) ensure that all disclosures of PHI are subject to the principle of
"minimum necessary use and disclosure," i.e., only PHI that is the
minimum necessary to accomplish the intended purpose of the use,
disclosure, or request may be disclosed.
2. Disclosure to Third Parties. If Business Associate discloses PHI received
from Covered Entity, or created or received by Business Associate on
behalf of Covered Entity, to agents, including a subcontractor, Business
Associate shall require the agent to agree to the same restrictions and
conditions that apply to Business Associate under this Agreement.
Business Associate shall ensure that any agent, including a subcontractor,
agrees to implement reasonable and appropriate safeguards to protect the
confidentiality, integrity, and availability of the electronic PHI that it
creates, receives, maintains, or transmits on behalf of the Covered Entity.
Business Associate shall be fully liable to Covered Entity for any acts,
failures or omissions of the Agent in providing the services as if they were
Business Associate's own acts, failures or omissions, to the extent
permitted by law. Business Associate further expressly warrants that its
Agents will be specifically advised of, and will comply in all respects with,
the terms of this Agreement.
3. Data Aggregation. In the event that Business Associate works for more
than one Covered Entity, Business Associate is permitted to use and
disclose PHI, but only in order to analyze data for permitted health care
operations, and only to the extent that such use is permitted under the
HIPAA Rules or the issuing court's orders.
4. De -identified Information. Use and disclosure of de -identified health
information is permitted, but only if (i) the precise use is disclosed to
Covered Entity and permitted by Covered Entity in its sole discretion and
(ii) the de -identification is in compliance with 45 CFR §164.502(d), and
any such de -identified health information meets the standard and
implementation specifications for de -identification under 45 CFR
§164.514(a) and (b).
5. Notice of Privacy Practices. Business Associate shall abide by the
limitations of any Notice of Privacy Practices ("Notice") published by the
Covered Entity of which it has knowledge. Covered Entity shall provide to
Business Associate such Notice when it is adopted. Any use or disclosure
permitted by this Agreement may be amended by such Notice. However,
the amended Notice shall not affect permitted uses and disclosures on
which Business Associate relied prior to such notice.
Easter Seals Fos! Texas, Inc. Page II of IS
91
extent it has relied on such use or disclosure or where an exception under
the Privacy Rule expressly applies.
7. Use or Disclosure That Would Violate HIPAA. Business Associate is
prohibited from further use or disclosure of PHI in a manner that would
violate the requirements of the HIPAA Rules if the PHI were used or
disclosed by the Covered Entity,
8. Safeguards. Business Associate shall maintain appropriate safeguards to
ensure that PHI is not used or disclosed other than as provided by this
Agreement or as Required by Law. Business Associate shall implement
administrative, physical and technical safeguards that reasonably and
appropriately protect the confidentiality, integrity, and availability of any
electronic PHI it creates, receives, maintains, or transmits on behalf of
Covered Entity.
9. Records Management. Upon termination of this Agreement, Business
Associate agrees to return or destroy all PHI received from Covered Entity
that Business Associate maintains in any form and shall comply with
federal and state laws as they may be amended from time to time
governing the maintenance or retention of PHI. If the return or destruction
of PHI is not feasible, Business Associate agrees to extend the protections
of this Agreement to the information and limit further uses and disclosures
to those purposes that make the return or destruction of the information
infeasible.
10. Individual Rights Regarding Designated Record Sets If Business
Associate maintains a designated record set (as defined in the HIPAA
Rules) on behalf of Covered Entity, Business Associate agrees as follows:
(a) Correction of PHI. Business Associate agrees that it will amend
PHI maintained by Business Associate as requested by Covered
Entity.
(b) Individual Right to Copy or Inspection. Business Associate agrees
that, if it maintains PHI in a designated record set for the Covered
Entity, it will permit an individual to inspect or copy PHI about the
individual in that set under conditions and limitations required under
Easter Seals Pas( Texas, Inc. Page 12 of 15
Vol. '`/) pg
45 CFR §164.524. The Covered Entity is required to take action on
such requests as soon as possible but not later than 30 days
following receipt of the request. Business Associate agrees to
make reasonable efforts to assist Covered Entity in meeting this
deadline, to the extent the requested information is maintained by
Business Associate and not the Covered Entity.
The information shall be provided in the form or format requested, if
it is readily producible in such form or format; or in summary, if the
individual has agreed in advance to accept the information in
summary form. A reasonable, cost -based fee for copying health
information may be charged.
(c) Individual Right to Amendment. Business Associate agrees, if it
maintains PHI in a designated record set, to make amendments to
PHI at the request and direction of Covered Entity pursuant to 45
CFR §164.526. If Business Associate maintains a record in a
designated record set that is not also maintained by Covered Entity,
Business Associate agrees that it will accommodate an individual's
right to have access to and amend PHI about the individual in a
designated record set in accordance with the Privacy Rule set forth
at 45 CFR §164.526, unless the regulation provides for a denial or
exception that applies.
11. Accountina of Disclosures. Business Associate agrees to make available
to the individual and/or the Covered Entity from whom the PHI originated,
information required for an accounting of disclosures of PHI with respect
to the individual, in accordance with 45 CFR §164.528, and incorporating
exceptions to such accounting designated under the regulation. Such
accounting is limited to disclosures that were made in the six (6) years
prior to the request (not including any disclosures prior to the compliance
date of the Privacy Rule).
(a) Covered Entity is required to take action on such requests as soon
as possible but not later than 60 days following receipt of the
request. Business Associate agrees to use its best efforts to assist
Covered Entity in meeting this deadline.
(b) Such accounting must be provided without cost to the individual or
Covered Entity if it is the first accounting requested by an individual
within any 12 month period; however, a reasonable, cost -based fee
may be charged for subsequent accountings if Business Associate
informs the individual in advance of the fee and is afforded an
opportunity to withdraw or modify the request.
(c) Such accounting shall be provided as long as Business Associate
maintains the PHI.
Easter Seals East Texas, Inc. Page 13 of IS
Vol,
D. Internal Practices. Books. and Records. Business Associate shall make
available its internal practices, books, and records relating to the use and
disclosure of PHI received from, created, or received by Business Associate on
behalf of the Covered Entity to the U.S. Department of Heath and Human
Services or its agents for the purpose of determining the Covered Entity's
compliance with the HIPAA Rules, or any other health oversight agency, or to the
Covered Entity.
E. Indemnification. To the extent permitted by law, Business Associate agrees to
indemnify and hold harmless Covered Entity from and against all claims,
demands, liabilities, judgments or causes of action of any nature for any relief,
elements of recovery or damages recognized by law (including, without limitation,
attorney's fees, defense costs, and equitable relief), for any damage or loss
incurred by Covered Entity arising out of, resulting from, or attributable to any
acts or omissions or other conduct of Business Associate or its agents in
connection with the performance of Business Associate's or its agents' duties
under this Agreement. This indemnity shall apply even if Covered Entity is
alleged to be solely or jointly negligent or otherwise solely or jointly at fault;
provided, however, that a trier of fact finds Covered Entity not to be solely or
jointly negligent or otherwise solely or jointly at fault. This indemnity shall not be
construed to limit Covered Entity's rights, if any, to common law indemnity.
Covered Entity shall have the option, at its sole discretion, to employ attorneys
selected by it to defend any such action, the costs and expenses of which shall
be the responsibility of Business Associate. Covered Entity shall provide
Business Associate with timely notice of the existence of such proceedings and
such information, documents and other cooperation as reasonably necessary to
assist Business Associate in establishing a defense to such action.
These indemnities shall survive termination of this agreement and Covered Entity
reserves the right, at its option and expense, to participate in the defense of any
suit or proceeding through counsel of its own choosing.
F.
G. Rights of Proprietary Information. The Covered Entity retains any and all rights
to the proprietary information, confidential information, and PHI it releases to
Business Associate.
H. Termination for Breach. Without limiting the termination provisions herein, if
Business Associate breaches any provision in this. Section entitled "Use and
Disclosure of PHI", Covered Entity may, at its option, access and audit the
records of Business Associate related to its use and disclosure of PHI, require
Business Associate to submit to monitoring and reporting, and such other
conditions as Covered Entity may determine is necessary to ensure compliance
Easter Seals East Texas, Inc. page 74 oJ-75
i
vol. _ � _ �� .._ ��"._ �✓` � ,
with this Article; or Covered Entity may terminate this Agreement on a date
specified by Covered Entity,
I. Reference. Any reference in this Section entitled "Use and Disclosure of PHI"
means the section of the Privacy Rule or the Security Rule as applicable as in
effect or as amended.
J. Amendment. Business Associate and Covered Entity agree to take such action
as is necessary to amend this Section entitled "Use and Disclosure of PHP' from
time to time in order to allow Covered Entity to comply with the HIPAA Rules and
any applicable state confidentiality laws.
K. Precedent and Ambiguity. If any term of this Section entitled "Use and
Disclosure of PHP' conflicts with another term of this Agreement, the term
contained in this Section shall be controlling. Any ambiguity in this Section
entitled "Use and Disclosure of PHI" shall be resolved to permit Covered Entity to
comply with the HIPAA Rules.
L. Survival of Key Provisions. The provisions of this Section entitled Use and
Disclosure of PHI" shall survive the termination of this Aareement.
Accepted:
rA a
Easter Seals East Texas, Inc. Page 15 of IS
vol-
FUNDING AGREEMENT
BETWEEN BRAZOS COUNTY AND
KEEP BRAZOS BEAUTIFUL, INC.
This Agreement for Funding is by and between Brazos County, hereinafter referred to as
("County") and KEEP BRAZOS BEAUTIFUL, Inc. hereinafter referred to as ("Keep Brazos
Beautiful") a non-profit organization ("Agreement").
RECITALS
WHEREAS, Keep Brazos Beautiful is a volunteer environmental educational organization
dedicated to contributing to the economic vitality, safety, health and quality of life in Brazos
County through programs that educate and engage Brazos County citizens to keep our
community clean, green, and beautiful, by preventing and cleaning up litter and illegal dump sites,
recycling, minimizing waste, beautifying and improving their surroundings; and
WHEREAS, the Brazos County Commissioners Court is authorized to spend money from
the County general revenues for public health and sanitation; and
and WHEREAS, the prevention of public or private litter serves to improve the public health;
WHEREAS, Keep Brazos Beautiful aids the County in accomplishing that purpose.
NOW, THEREFORE, FOR AND IN CONSIDERATION of mutual consideration recited and
acknowledged herein, the parties agree as follows:
AGREEMENT
1. Keep Brazos Beautiful shall provide services to the County as follows:
A. Assist in educating area youth and adults in schools, museums, civic clubs, etc. on
the importance of litter prevention, recycling, reuse, and buying recycled products,
conservation of resources, the proper care and planting of trees and other plants,
and other educational topics relevant to the mission of Keep Brazos Beautiful.
Maintain an online resource page to assist in teaching about a variety of
environmental issues.
B. Provide positive environmental leadership and volunteer opportunities to Brazos
County youth and adults.
C. A Keep Brazos Beautiful employee, chosen by Brazos County, may, at its
discretion, serve on the Solid Waste Advisory Committee of the Brazos Valley
Council of Governments to promote environmentally sound waste management
practices in the Brazos Valley.
D. Perform an annual "Litter Index" survey of the County and provide the scores to the
Commissioners' Court.
Keep Brazos Beautiful Agreemetu Page l of
vol,
E. Organize volunteers to assist in cleaning litter and illegal dump sites each spring
throughout County. Act as an information resource to citizens, law enforcement
officials, prosecutors and the Commissioners Court about issues relating to litter
and illegal dumping in Brazos County.
F. Promote the "Adopt a Road" and "Adopt a Highway" programs in the County.
G. Promote a "Memorial Trees Program" to plant trees in the County and assist in
hosting an annual Arbor Day Celebration.
H. Plant wild flower seeds along public roadways in the County.
I. Educate the community on the need to recycle and to buy recycled products
through the use displays, public speaking engagements, and the "Texas Recycle
Day" events.
J. Act as a clearing house for information for area residents on recycling and provide
information concerning Citizen Collection Stations in rural areas of the County as
requested.
K. Assist in the publicity for the yearly Christmas tree, telephone book recycling and
household hazardous waste collection events.
L. Provide positive reinforcement through a variety of award programs such as the
Business and Residential Beautification Awards, Miller Youth Award, and Annual
Environmental Awards.
2. Keep Brazos Beautiful will be funded by the County in the amount of 115,000.00 for the
term of this agreement.
3. This Agreement shall be for a term of twelve (12� months commencing on the 15`
day of October, 2016, and terminating on the 30` day of September, 2017.
4. Keep Brazos Beautiful agrees that County, or its designated representative, shall have the
right to review and to copy any records and supporting documentation pertaining to the
performance of this Agreement. Keep Brazos Beautiful agrees to maintain such records
for possible audit for a minimum of three (3) years after the termination date of this
Agreement, unless a longer period of records retention is stipulated. Keep Brazos
Beautiful agrees to allow the auditor(s) access to such records during normal business
hours and to allow interviews of any employees who might reasonably have information
related to such records. Keep Brazos Beautiful agrees that County, or its designated
representative, shall further have the right to review and to copy any records and
supporting documentation for prior years in which County provided funds to the Keep
Brazos Beautiful under prior Agreements.
5. Brazos County Commissioners Court may, in its sole discretion, require that an
independent financial audit be performed on the records of Keep Brazos Beautiful. If an
independent financial audit is performed, a management letter will be prepared by the
auditor as part of the process and a copy of said management letter shall be delivered to
the Brazos County Commissioners Court. The management letter shall identify issues
Keep Brazos Be-wifid Agreenmm
Page 2 of3
that might not otherwise require disclosure in the Keep Brazos Beautiful annual financial
report, but which are of concern to or under the suggestion of the auditor. If the Brazos
County Commissioners Court determines that the audit will be conducted by an
independent third party, all costs and expenses associated with said audit will be solely
paid for by the Keep Brazos Beautiful.
6. Annual financial statements (audited if available) are due to County within six (6) months
of completion.
7. Keep Brazos Beautiful shall submit a financial statement to the County annually.
8. All notices required or permitted hereunder shall be in writing and addressed to the
respective officer of the other party at the address described below or at such other
address as the receiving party may have theretofore prescribed by notice to the sending
party:
COUNTY:
Brazos County,
c/o Commissioners Court
200 South Texas Avenue, Ste, 310
Bryan, Texas 77803
KEEP BRAZOS BEAUTIFUL, INC.:
Tanya Wilson
1713 Broadmoor, Ste. 302
Bryan, Texas 77803
9. It is understood and agree that the County's participation in Keep Brazos Beautiful is
limited to the contribution of funds. County, at no time, shall be liable or responsible for
acts of Keep Brazos Beautiful its agents or employees. Keep Brazos Beautiful at no time
shall be liable or responsible for acts of the County, its agents or employees.
10. Either of the parties shall have the right to terminate this Agreement in whole or in part at
any time. Notice to terminate this Agreement will be given in writing at least thirty (30)
days prior to the date of termination. The notice shall include the reason for such a
termination, the effective date of the termination and, in the case of partial termination, the
portion of the Agreement to be terminated.
SIGNED this 2 ! t^ day of: %4-f 2016.
KEEP BRAZOS BEAUTIFUL, INC.
� JAZ
Tanya V#son,
Manager of Business Operations
Allison Bro n Harrel,President
Keep Brazos Beaw jdAgreemem
Page 3 of 3
Vol, /.S�
1h
FUNDING AGREEMENT
BETWEEN BRAZOS COUNTY AND
MENTAL HEALTH MENTAL RETARDATION AUTHORITY OF BRAZOS VALLEY
This Agreement for Funding ("Agreement") is by and between Brazos County, Texas
(hereinafter "County") and the Mental Health Mental Retardation Authority of Brazos Valley,
(hereinafter "MHMR"), a Texas non-profit 501(c)(3) corporation for a period of 12 months
beginning October 1, 2016 and ending September 30, 2017.
RECITALS
WHEREAS, MHMR is a public non-profit community center serving all residents of
Brazos County with the administrative responsibility and authority to provide a continuum of
mental health and mental retardation services through available resources to eligible individuals
residing in Brazos County;
WHEREAS, to assist in accomplishing the above stated public purposes, MHMR
coordinates activities of mental health and mental retardation coverage in Brazos County,
Texas; and
WHEREAS, the County desires to assist MHMR in their efforts to promote the public
purpose of providing a comprehensive range of services in the local community for persons with
mental Illness or mental retardation residing in Brazos County by contracting with MHMR for the
period beginning October 1, 2016 and ending September 30, 2017, for the specific services
listed below;
NOW, THEREFORE, for and in consideration of the mental health, mental retardation to
be provided to the County by MHMR, and in compliance with the terms of this Agreement and
subject to other provisions of this Agreement, and all applicable laws, the parties agree as
follows:
AGREEMENT
ELIGIBILITY CRITERIA:
This Agreement contemplates services provided to:
1) Individuals who permanently reside within Brazos County;
2) Who have been determined through the MHMR screening process to be in need
of mental health or mental retardation services; and,
3) Who have been determined by MHMR in a fee assessment procedure to be
unable to pay for the needed mental health or mental retardation services.
MHMR warrants that the eligibility determination (ability to pay or availability of any third
party pay and residency eligibility) is the responsibility of MHMR and such determination shall
be made by MHMR prior to, or at the time of the provision of services.
MHMR further warrants that Brazos County shall not be billed for and shall not provide
reimbursement for any services provided by MHMR to non-residents of Brazos County or any
MHMR dgreemenr Page 1 ofS
insured individuals with coverage for such services. MHMR will maintain records of insured
status for all hospital admissions.
RESPONSIBILITIES OF BRAZOS COUNTY:
1) Pay to MHMR an (not to exceed) annual total reimbursement of $80,000.00
("Funds"), to be paid to MHMR as follows:
a) $24,000.00 for Rehabilitative Case Management which includes psychiatric
crisis related services, which is part of the local match requirement, and,
b) $10,000.00 for TeleMed services, and
c) $30,000 for crisis assessments and to facilitate jail diversion activities within
the Brazos County Jail conducted by a Forensic Case Worker; and
d) $16,000.00 for administrative support services.
2) It is understood and agreed that the County Funds represented by the
Agreement are for the period of October 1, 2016 through September 30, 2017
only, and will be paid wholly from funds available in that budget year and that no
County funding for subsequent budget years is authorized or implied by this
Agreement;
RESPONSIBILITIES OF MHMR under this Agreement:
1) To provide the services according to the most recent MHMR Local Plan for the
fiscal year covering this agreement and according to the most recent
performance Agreement between MHMR and the Texas Department of State
Health Services, Including mental health services, mental retardation services,
contracted residential services, specialized therapies and psychiatric inpatient
services; and
2) It is understood and agreed that all County funds paid to MHMR under this
Agreement shall only be expended by MHMR for the purpose authorized under
this Agreement and should any amounts be expended for any other purpose,
they shall not qualify for payment or reimbursement; and
3) Reporting Requirements:
Prepare and submit to the County a copy of the quarterly written and Itemized
accounting of expenditures, income and mental health and mental retardation
services performed by MHMR pursuant to this Agreement in the same format as
the quarterly report submitted to the Texas Department of State Health Services;
Term and Termination
1. This Agreement shall be effective from the period from October 1, 2016 to September
30, 2017 unless otherwise terminated prior to that time. Either of the partes shall have
MHMR Agreernenr Page 2 of 5
the right to terminate this Agreement in whole or in part at any time. Notice to terminate
this Agreement will be given in writing at least thirty (30) days prior to the date of
termination. The notice shall include the reason for such a termination, the effective
date of the termination and, in the case of partial termination, the portion of the
Agreement to be terminated. A party may also terminate its performance under this
Agreement upon default by the other party. Default by the party shall occur if the party
fails to perform or observe any of the terms and conditions of this Agreement required
to be performed or observed by that party. Should such a default occur, the party
against whom the default has occurred shall have the right to terminate all or part of its
duties under this Agreement as of the thirtieth (30th) day following the receipt by the
defaulting party of a notice describing such default and intended termination, provided:
(1) such termination shall be ineffective if within said thirty (30) day period the defaulting
party cures the default or (ii) such termination may be stayed, at the sale option of the
party against whom the default has occurred, pending cure of the default.
MISCELLANEOUS PROVISIONS:
Independent Contractor
The relationship of MHMR to the County shall be that of an independent contractor.
Parties in Interest
This Agreement shall bind and benefit the County and MHMR and shall not bestow any
rights upon third parties.
Non -waiver
Failure of either party hereto to insist on the strict performance of any of the Agreement
herein or to exercise any rights or remedies occurring there under upon default or failure
of performance shall not be considered a waiver of the right to insist on and to enforce
by an appropriate remedy strict compliance with any other obligation hereunder or to
exercise any right or remedy occurring as a result of any future default or failure o
performance.
Applicable Laws
This Agreement is subject to and shall be construed in accordance with the laws of the
State of Texas, the laws of the federal government of the United States of America and
all rules and regulations of any regulatory body or officer having jurisdiction. This
Agreement is performable in Brazos County, Texas.
Notices
All notices required or permitted hereunder shall be in writing and addressed to the
respective officer of the other party at the address described below or at such other
address as the receiving party may have theretofore prescribed by notice to the sending
party:
MHMR Agreement Page 3 of 5
County: MHMR:
Brazos County Commissioners Court Bill Kelly,
County Administration Building Executive Director
200 South Texas Avenue, Ste, 310 1504 S. Texas Avenue
Bryan, Texas 77803 Bryan, Texas 77802
Audits
2. MHMR agrees that County, or its designated representative, shall have the right to
review and to copy any records and supporting documentation pertaining to the
performance of this Agreement. MHMR agrees to maintain such records for possible
audit for a minimum of three (3) years after the termination date of this Agreement,
unless a longer period of records retention is stipulated. MHMR agrees to allow the
auditor(s) access to such records during normal business hours and to allow interviews
of any employees who might reasonably have information related to such records.
MHMR agrees that County, or Its designated representative, shall further have the right
to review and to copy any records and supporting documentation for prior years in
which County provided funds to the MHMR under prior Agreements.
Brazos County Commissioners Court may, in Its sole discretion, require that an
independent financial audit be performed on the records of MHMR. If an independent
financial audit is performed, a management letter will be prepared by the auditor as part
of the process and a copy of said management letter shall be delivered to the Brazos
County Commissioners Court. The management letter shall identify issues that might
not otherwise require disclosure in the MHMR annual financial report, but which are of
concern to or under the suggestion of the auditor. If the Brazos County Commissioners
Court determines that the audit will be conducted by an Independent third party, all
costs and expenses associated with said audit will be solely paid for by the MHMR.
Annual financial statements (audited if available) are due to County within six (6)
months of completion.
Ambiguities
In the event of any ambiguity in any of the terms of this Agreement, it shall not be
construed for or against any party hereto on the basis that such party did or did not
author the same.
Entire Agreement
This Agreement contains all the agreements of the parties relating to the subject matter
hereof and is the full and final expression of the agreement between the parties.
Indemnification and Comoliance with Laws
MHMR shall defend, indemnify and hold harmless the County from any and all damages,
costs, claims, expenses or liability arising out of or connected with any Accident, act,
error, omission, representation or misrepresentation by the County or MHMR in
performing the services or other acts to be performed under this Agreement. MHMR
MHMR Agreement Page 4 of
shall comply with all applicable governmental and professional requirements, regulations
and/or standards in performance of services under this agreement.
Signed this �04� day ofi�$�2016.
Mental Health Mental Retardation Brazos County
Authority of Brazos Valley
By: (,(X J By:
Bill Kelly, Executive Director uane Peters,
on
ATTEST:
� �
f(A-n McQueen
/
MHAIR Agreement Page 5 of 5
FUNDING AGREEMENT
BETWEEN BRAZOS COUNTY AND
SOUTH BRAZOS COUNTY FIRE DEPARTMENT, INC.
THIS AGREEMENT for the Funding of Fire Protection Service of South Brazos
County ("Agreement") is hereby effective October 1, 2016, by and between the SOUTH
BRAZOS COUNTY FIRE DEPARTMENT, INC. ("Department") and BRAZOS
COUNTY, TEXAS, ("County"), each acting by and through its duly authorized agents;
RECITALS
WHEREAS, the County is authorized to contract with an incorporated volunteer
fire department to provide fire protection pursuant to Local Government Code §352.001;
and
WHEREAS, the County believes it is more cost effective to contract with a
volunteer fire department than to purchase equipment and operate a County fire
department; and
WHEREAS, the Department is located within the County and shall provide fire
protection to an area of the County that is located outside the municipalities in the
County; and
WHEREAS, the Department has the personnel and equipment to provide such
services and would benefit by the payment of funds by the County.
NOW, THEREFORE, the parties, in consideration of the mutual covenants and
conditions contained herein, agree as follows:
SCOPE
AGREEMENT
Department shall provide fire protection services to any person who requests
it within the confines of South Brazos County, Precinct 1, as described on
Exhibit "A" attached hereto and made a part hereof for all purposes; provided
however, if assistance is requested by other fire departments for Precinct 2, 3
and 4 it shall provide services in these areas, if possible. A more detailed map
of the various Fire Districts can be obtained at the Brazos County Appraisal
District at 1673 Briarcrest Drive, Suite A-101, Bryan, Texas 77802, and the
parties agree to use the records maintained by that office if a question about
the boundaries of the Precincts should arise.
South Brazos County Fire Dept. Agreement Page I of 4
i
I9�
2. All requests for services under this Agreement shall be made through the 9-1-
1 Emergency Communications District, which dispatches fire protection units
for the County.
3. Department will maintain fire fighting equipment and certified personnel in
compliance with Subchapter D of Chapter 419, Texas Government Code.
The County is not responsible for damage to equipment or injury to any
person, or for the actions of the Department or their volunteers except
as expressly provided by this Agreement.
PAYMENTS
4. County shall pay Department the sum of $29.000.00 upon execution of this
Agreement ("Funds").
5. The County shall make all payments to Department for these services from
current revenues.
TERM AND TERMINATION
6. This Agreement term shall be from October 1, 2016, and terminate at 12:00
a.m. (C.S.T.) on September 30, 2017. Either party shall have the right to
terminate this Agreement, without cause, upon thirty (30) days written notice
of such termination. Should the Agreement be terminated, the rights and
obligations of the parties hereunder shall terminate, except that the rights and
obligations of the parties that have accrued under this Agreement prior to the
date of termination shall survive. In the event of a termination, the fee payable
pursuant hereto shall be adjusted on a pro -rata basis and refunded within
thirty (30) days of such termination.
NOTICES
All notices issued between parties to this Agreement shall be in writing. All
notices shall be deemed given on the date personally delivered, faxed, or
deposited in the U.S. Mail to the following parties:
Department: South Brazos County Fire Department, Inc.
P.O. Box 501
Millican, TX 77866
Attn: Chet Barker, Fire Chief
County: Brazos County Commissioners Court
200 South Texas Ave., Suite 310
Bryan, TX 77803
South Brazos County Fire Depl. Agreenrenf , Page 2 of 4
i_,____._
DEFENSE OF CLAIMS
8. Pursuant to Local Government Code §352.004, the act of a person who, in
carrying out the County's authority to provide fire protection under this
Agreement, furnishes fire protection to a County resident who lives outside
the municipalities in the County, including the act of a person who is a regular
employee or fire fighter of a municipality, is considered to be the act of an
agent of the County.
9. The County does not waive or relinquish any immunities or defense it has
under law, on behalf of itself, its officers, employees, or agents as a result of
its execution of this Agreement and the performance of the covenants herein.
MISCELLANEOUS PROVISIONS
10. If any provision of the Agreement shall be held to be invalid, illegal, or
unenforceable by a court or other tribunal of competent jurisdiction, the
validity and enforceability of the remaining provisions shall not in any way be
affected or impaired thereby. The parties shall use their best efforts to replace
the respective provisions or provisions of this Agreement with legal terms and
conditions approximating the original intent of the parties.
11. This Agreement is the entire Agreement between the Department and the
County relating to the provision of fire protection services and supersedes any
and all prior Agreements, arrangements, or understandings, whether written
or oral.
12. This Agreement is for the benefit of the parties to the Agreement, and does
not confer any rights on any third parties.
13. No amendment to this Agreement shall be effective and binding unless and
until it is reduced to writing and signed by the authorized representatives of all
parties.
14. This Agreement has been made under and shall be governed by the laws of
the State of Texas. This Agreement and all matters related thereto shall be
performed in Brazos County, Texas.
15.. Failure of any party at any time, to enforce a provision of this Agreement,
shall not constitute a waiver of that provision, nor in any way affect the validity
of this Agreement or the right of any party thereafter to enforce each and
every provision hereof. No term of this Agreement shall be deemed waived or
breach excused unless the waiver shall be in writing and signed by the
party(ies) claimed to have waived. Furthermore, any consent to or waiver of a
breach will not constitute consent to or waiver of or excuse of any other,
different or subsequent breach.
South Brazos County Fire Dept. Agreement
D
Page 3 of
16. It is understood and agreed that this Agreement may be executed in a
number of identical counterparts, each of which shall be deemed an original
for all purposes.
INFORMATION FURNISHED BY RECIPIENT
1. Department agrees that County, or its designated representative, shall have
the right to review and to copy any records and supporting documentation
pertaining to the performance of this Agreement. Department agrees to
maintain such records for possible audit for a minimum of three (3) years after
the termination date of this Agreement, unless a longer period of records
retention is stipulated. Department agrees to allow the auditor(s) access to
such records during normal business hours and to allow interviews of any
employees who might reasonably have information related to such records.
Department agrees that the County, or its designated representative; shall
further have the right to review and to copy any records and supporting
documentation for prior years in which Brazos County provided funds to the
Department under prior Agreements. Any audit will be conducted by County
personnel or an independent third party; as determined by the Brazos County
Commissioners Court. If the Brazos County Commissioners Court
determines that the audit will be conducted by an independent third party, all
costs and expenses associated with said audit will be solely paid for by the
Department. If an independent financial audit is performed, a management
letter will be prepared by the auditor as part of the process and a copy of said
management letter shall be delivered to the Brazos County Commissioners
Court. The management letter shall identify issues that might not otherwise
require disclosure in the Department annual financial report, but which are of
concern to or under the suggestion of the auditor. Annual financial
statements (audited if available) are due to County within six (6) months of
completion.
South Brazos County Department, Inc.
By: ,,.. t
CW Barker, Fire Chief
Date: o % 30 ( -Lc t t--0
South Brazos Cotmty Fire Dept. Agreement
Brazos Cou
il'1 l�l�il`r 04 -
Date:
A T:
ar McQueen, County ler�k4
PS -y 40
Page 4 oj4
4
19j
FUNDING AGREEMENT
BETWEEN BRAZOS COUNTY AND
RESEARCH VALLEY PARTNERSHIP, INC.
THIS FUNDING AGREEMENT ('Agreement") is effective October 1, 2016 by and
between BRAZOS COUNTY, TEXAS, a body corporate and politic under the laws of
the State of Texas, (hereinafter referred to as "County"), and the RESEARCH VALLEY
PARTNERSHIP, INC., a Texas non-profit corporation (hereinafter referred to as "RVP").
RECITALS:
WHEREAS, the Commissioners Court of Brazos County desires to stimulate
business and commercial activity in the County; and
WHEREAS the County wishes to contract with RVP as its agent pursuant to
TEX. LOC. GOVT CODE ANN. §381.004 to administer the County's program for local
economic development (herein the Brazos County Economic Development Program);
and
WHEREAS, the County desires to diversify its economy, increase and broaden
its tax base, provide more and better employment opportunities for its citizens and
promote the general public welfare; and
WHEREAS, it is important to the County to attract and expand business,
commercial and industrial enterprise in order to accomplish this purpose; and
WHEREAS, RVP is an agency with specific expertise in the field of economic
development and administering governmental economic development guidelines; and
WHEREAS, the County has determined that this Agreement is for the personal or
professional services and therefore exempt from competitive bidding under Chapter
262, Local Government Code.
THEREFORE, in consideration of the mutual understandings and agreements
set forth, the County and RVP agree as follows:
AGREEMENT:
ARTICLE I
Qualifications of the RVP
1.1 The RVP represents that:
2017 RVPAd Agreemen, Page I a/9
(a) The RVP is a non-profit entity that is authorized and experienced in the
administration and furtherance of economic development programs in all
or a portion of the County;
(b) The RVP has expertise and skills to attract new businesses to the County,
to encourage the expansion of existing businesses in the County, or to
retain existing businesses in the County, pursuant to the County's
economic development guidelines and Chapters 311, 312 and Sections
381.003 and 381.004 of the Texas Local Government Code;
(c) The RVP shall cooperate with and use the services of the Texas
Department of Economic Development.
ARTICLE II
Definitions
2.1 "Economic Development Guidelines" means the County's financial criteria
on file used to determine qualification for receiving Incentive Funds.
2.2 "Project Performance Standards" means individual performance terms and
requirements established by agreement between the County and any
employer/business to receive Incentive Funds.
2.3 "Program Projects" means uses of the Incentive Funds, or a portion
thereof, as approved by the . County, to provide incentives or assistance to
businesses/employers which results in the public purpose of economic development,
diversification, expansion, and employment being served, pursuant to the County's
Economic Development Guidelines.
2.4 "Program Standards" means standards that an employeribusiness must
meet in order to qualify for Incentive Funds.
ARTICLE III
Term
3.1 The term of this Agreement is for one (1) year, being effective as of
October 1, 2016, and ending on September 30, 2017, (the 'Present Term"), unless
earlier terminated as provided herein.
3.2 Either party may terminate this Agreement on sixty (60) days prior written
notice to the others.
3.3 Upon receipt of any termination, the County agrees to continue funding a
program project that had been previously approved by the County.
7017 RVP.doe Agreement PS2f
1
ARTICLE IV
Administration Services
4.1 RVP agrees to provide all administrative services necessary to administer
the County's Economic Development Program and program standards set forth herein.
4.2 Pursuant to the authority granted in Chapter 381 of the Texas Local
Government Code, the administrative services to be provided include, but are not
limited to:
(a) corresponding with and negotiating with potential or existing
business/employers for Program Projects that will develop, diversify
and/or expand the Brazos County economy, develop or expand
transportation or commerce in the State, and/or serve the purpose
of eliminating unemployment in Brazos County.
(b) establishing Project Performance Standards for each Program
Project that are consistent with the Program Standards set out in
the County's Economic Development Program and herein;
(c) obtaining contracts between the County and businesses/employers
for Program Projects whereby the business/employer agrees to
meet the County's Project Performance Standards, and which
provide assurances that the County's Project Performance
Standards will be met; and
(d) compliance with all requirements of this Agreement.
4.3 The RVP shall receive the sum of Three Hundred Fifty Thousand
and No/100 Dollars ($350.000.00) as compensation for the administrative services to be
provided hereunder (herein the "Administration Funds"). County shall pay such sum on
a monthly basis by paying the RVP one -twelfth (1/12) of the total sum referenced
above.
ARTICLE V
Incentive Funding
5.1 County has appropriated One Hundred Sixty Four Thousand and No/100
Dollars ($164,000.0 ('Incentive Funds") for the purpose of funding Economic
Development Grants entered into by the County under its Economic Development
Program. The Incentive Funds shall be divided and designated as follows:
(a) $46,000 of the Incentive Funds shall be appropriated for those
Economic Development Grants under which the County is currently
obligated; and
2017RVP.do0 Agreement - Pogc 3 of9
vol.
(b) $119,000 of the Incentive Funds shall be appropriated as new cash
incentives, which may be used to promote future local economic
development and stimulate commercial activity in the County.
Incentive Funds have been budgeted for the current fiscal year and are payable out of
current revenues.
5.2 Payments of Incentive Funds shall be made as approved and directed by
the County to the qualifying business/employer under approved Program Projects.
5.3 The County Incentive Funds provided for in this Agreement shall be used
only in accordance with the Brazos County Economic Development Guidelines and
program standards.
ARTICLE VI
Use of incentive Funding
6.1 The County's Program administered by the RVP hereunder consists of the
use of the County's Incentive Funds to develop and diversify the Brazos County
economy, to eliminate unemployment or under -employment, and to expand the local
economy, pursuant to Standards and Guidelines set forth in the Brazos County
Economic Development Guidelines,
6.2 Pro -gram Standards. The RVP shall not recommend to the County that an
applicant business/employer receive Incentive Funds unless the applicant
business/employer meets or exceeds the following standards:
(a) is authorized to do business in the State of Texas;
(b) is current and in good standing on all state, local and federal taxes,
assessments and/or fees;
(c) is not in bankruptcy;
(d) is an Equal Employment Opportunity Employer with policies in place and
practiced which prohibit discrimination in employment based on race, sex,
age, national origin, creed, religion, or disability (unless based on bona
fide occupational reason or a reason exempted or approved by the
Americans With Disabilities Act and the regulations promulgated
thereunder);
(e) agrees by written contact directly with the County to meet performance
criteria established by the County in accordance with the County's
Program Standards (hereinafter `Project Performance Standards") as to
the establishment, expansion, or improvement of business operations in
Brazos County, Texas and/or the employment of residents of the County.
2017 RVP.dac Agmen, Page 4°f9
(f) complies with the current County Economic Development Guidelines for
financial assistance, including the grant to the County of the right to review
and verify the applicant business/employer's financial statements prior to
the grant of any incentive and to review the financial condition of the
project during the term of any incentive, including the right to send
representatives from the County Appraisal District to inspect any facilities
of the applicant business/employer to verify the accuracy of information
provided for the economic incentive. Provisions to this effect shall be
incorporated in every agreement between the applicant
business/employer and the County;
(g) if the proposed program project does not meet the specific job
retention/creation requirements set forth in (f) above, other positive effects
on the local economy of the proposed program project may be taken into
consideration and approved by the County, as recommended by RVP, in
determining whether to pursue funding of a program project. These
include:
(i) the impact of the Program Project on economically disadvantaged
individuals. An economically disadvantaged individual is an
individual who:
2017 RVP.do Xg,ow"t
(1) was unemployed for at least three (3) months before
obtaining employment with the qualified business;
(2) receives public assistance benefits, including welfare
payments or food stamps, based on need and intended to
alleviate poverty;
(3) is an economically disadvantaged individual, as defined by
Section 4(8), Job Training Partnership Act (29 U.S.C.
Section 1503(8));
(4) is an individual with handicaps, as defined by 29 U.S.C.
Section 706(8);
(5) is an inmate, as defined by Section 498.001 of the
Government Code;
(6) is entering the workplace after being confined in a facility
operated by the institutional division of the Texas
Department of Criminal Justice or under contract with the
Texas Department of Criminal Justice;
I
Page 3 of
(7) has been released by the Texas Youth Commission and is
on parole, if state law provides for such a person to be on
parole; or
(8) meets the current low income or moderate income limits
developed under Section 8, United States Housing Act of
1937 (42 U.S.C. Section 14376, at seq.).
(ii) the need for the product/service provided by the business/employer
in the local area;
(iii) the estimated multiplier effect on the local economy of the Program
Project either due to the level of wages paid or the injection of
outside funds into the local economy (i.e., tourism, capital
expenditures, purchasing or materials from local businesses, etc.);
and
(iv) the creation of part-time positions, and/or
(v) capital expenditures which have a material and direct positive
impact upon the local economy by providing the following benefits:
1. increases in the local tax base;
2, creation of ancillary jobs and/or jobs for economically
disadvantaged individuals;
3. attraction of other businesses;
4. creation of new sales tax revenues;
5. commercial development of new and existing areas;
6. defining, enhancing and/or redefining job skill level of locally
available work force.
If such considerations Indicate that the benefit to the local economy meets or
exceeds that which would be gained by the business/employer employing and/or
retalning the number of employees required for the level of funding under subsection (e)
above, the RVP may consider such business as qualifying and therefore recommend
such business/employer to the County upon the approval of the Board of Directors by a
75% or more favorable vote (9 of 12).
(h) All contracts for Program Projects must be in a form approved by the
County and County's legal counsel. The contract must include, but is not limited to,
provisions:
(i) containing the Program Project Performance Standards applicable
to the business/employer, and the business/employer's agreement to comply therewith
in a set time -frame;
2017 AVP.dw Agreement Page 6 of
(ii) requiring periodic documentation of the business/employer's
compliance with the Project Performance Standards, and giving the RVP and the
County the right to inspect its operations and books to confirm the business/employer's
compliance with the Program Project Performance Standards;
(iii) requiring the repayment directly to the County within sixty (60) days
of demand of the funds appropriated to the Program Project by the County if the
applicant business/employer fails to meet the County's Project Performance Standards
or otherwise is in material breach of its Agreement with the County, and giving the
County the right to sue the applicant business/employer to enforce the contact between
the County and the business/employer, and to recover all attorney's fees and costs
incurred in doing so;
(iv) requiring the business/employer to make draw requests for the
funding from the County, which requests must show in detail how the money and/or
property will be applied/used, or for what the reimbursement is sought, and which
contain such documentation as is required by the County; and
(vi) requiring compliance with all applicable laws regarding the
provision of equal employment opportunities.
ARTICLE VII
Accounting
7.1 RVP agrees that Brazos County, or its designated representative, shall
have the right to review and to copy any records and supporting documentation
pertaining to the performance of this Agreement. RVP agrees to maintain such records
for possible audit for a minimum of three (3) years after the termination date of this
Agreement, unless a longer period of records retention is stipulated. RVP agrees to
allow the auditor(s) access to such records during normal business hours and to allow
interviews of any employees who might reasonably have information related to such
records. RVP agrees that Brazos County, or its designated representative, shall further
have the right to review and to copy any records and supporting documentation for prior
years in which Brazos County provided funds to RVP under prior Agreements.
Brazos County Commissioners Court may, in its sole discretion, require that an
independent financial audit be performed on the records of RVP. If an independent
financial audit is performed, a management letter will be prepared by the auditor as part
of the process and, a copy of said management letter shall be delivered to the Brazos
County Commissioners Court. The management letter shall identify issues that might
not otherwise require disclosure in the RVP annual financial report, but which are of
concern to or under the suggestion of the auditor. If the Brazos County Commissioners
Court determines that the audit will be conducted by an independent third party, all
costs and expenses associated with said audit will be solely paid for by the RVP.
2017 RVP.d. Agreement Page 7 of9
Annual financial statements (audited if available) are due to Brazos County within six (6)
months of completion.
ARTICLE VIII
Miscellaneous Terms
8.1 Notice. Notices or correspondence under this Agreement to either party
from the other may be personally delivered or sent by First Class Mail, or other reliable
courier.
Notice to the County shall be sent to;
Duane Peters, County Judge
Brazos County Administration
200 So. Texas Ave., Suite 332
Bryan, Texas 77803
Notice to the RVP shall be sent to:
Todd McDaniel, President and CEO
Research Valley Partnership, Inc.
1716 Briarcrest Dr. Suite 714
Bryan, Texas 77802
8.2 Severability. No partial invalidity of this Agreement shall affect the
remainder unless the public purpose to be served hereby is so greatly diminished
thereby as to frustrate the object of this Agreement.
8.3 Amendment. During the term of this Agreement, If certain areas need
further clarification or revision, the parties will work in good faith to arrive at written
memorandums or understandings regarding those areas. Any amendment of this
Agreement must be in writing, and executed by a duly authorized representative of each
party.
8.4 Assignment. This Agreement cannot be assigned or performed by
subcontractors except with the written consent of both parties.
8.5 Not Joint Venture: Independent Contractor. The parties agree that this is
not a joint venture, partnership or employee -employer relationship and that neither party
shall have the authority to bind or incur liability to the other without the other's prior
written permission. Furthermore, the RVP shall be considered an independent
contractor agent for the sole and limited purpose only of administering the County's
economic development guidelines and program project standards pursuant to the grants
2017 RVP.d.c Agreemeal
- -- ---- - _ _ ----
Page 8Of9
of authority given the County under Chapter 311, 312 and 381 of the Texas Local
Government Code.
8.6 Applicability of Texas Law. The laws of the State of Texas shall govern
this Agreement, except where clearly superseded by federal law.
8.7 Venue. The place of performance of this Agreement is Brazos County,
Texas, and all consideration payable hereunder and things to be done pursuant hereto
shall be deemed to be payable and performable in Brazos County, Texas. Venue of any
dispute arising out of this Agreement or performance hereunder shall be fixed for all
purposes in Brazos County, Texas.
8.8 Entire Agreement and Binding Authority. This Agreement supersedes and
constitutes a merger of all prior oral and/or written agreements and understandings of
the parties on the subject matter of this Agreement and is binding on the parties and
their successors, agents and assigns.
8.9 Waiver. No waiver by either party of any provision of this Agreement shall
be effective unless in writing, and such waiver shall not be construed as or implied to be
a subsequent waiver of that provision or any other provision. The signatories hereto
have the authority and have been given any approvals necessary to bind by this
Agreement the respective parties for which they sign.
BRAZOS COUNTY, TEXAS RESEARCH VALLEY PARTNERSHIP,
INC.; a Texas non-profit corporation
Attest:
0
2017 RVP.doC Agre.wv
Chairman .:./
��i..
Pogo v ofv
FUNDING AGREEMENT
BETWEEN BRAZOS COUNTY AND
SCOTTY'S HOUSE CHILD ADVOCACY CENTER
THIS FUNDING AGREEMENT ("Agreement") IS ENTERED INTO BY AND
BETWEEN BRAZOS COUNTY, TEXAS, acting by and through its duly elected County
Commissioners (hereinafter "County"), and SCOTTY'S HOUSE CHILD ADVOCACY
CENTER (hereinafter "Provider"), located in Bryan, Texas, and is effective October 1,
2016.
RECITALS
WHEREAS, the County has the objective of providing support services to
children who are the victims of physical abuse, sexual abuse, neglect, and exposure to
violence; and
WHEREAS, the Provider shares this common goal with the County; and
WHEREAS, the County desires to assist the Provider in providing support
services to children who are the victims of physical abuse, sexual abuse, neglect, and
violence. through funds provided by the County.
NOW THEREFORE, the parties agree to the following terms and conditions to
provide such support services.
AGREEMENT
TERM
This Agreement shall be for a term of twelve (12) months commencing on the 15'
day of October, 2016, and terminating 30'h day of September, 2017.
CANCELLATION
This Agreement may be canceled by any parties hereto upon sixty (60) days
written notice as provided herein.
SERVICES TO BE PERFORMED BY PROVIDER
The Provider will provide the following services:
Forensic Services - forensic Interviews and on-site medical examinations that
minimize additional trauma to the child. A forensic interview is a structured
conversation with a child intended to elicit detailed information about a possible
event(s) that the child may have experienced or witnessed. Each child's interview
Scotty's House Agreement
Page I of
19K
is conducted by a trained Forensic Interviewer in a child friendly environment. A
recording of the interview with the child is made available to agencies involved,
thus reducing the number of times the child must retell the story. The recording
may then be used in court proceedings.
2. Advocacy Services — a Family Services Coordinator will work with each family to
provide information and referral to community resources, follow-up medical
testing and treatment, assistance with crime victims' compensation and any other
need identified by the family.
3. Counseling Services - counseling is provided to children and their non -offending
family members. Counseling can take shape in many forms: play therapy for
younger children, art therapy, equine assisted psychotherapy, or support groups
for children and their caregivers. Without counseling, children who are abused
often experience severe social and psychological trauma that may including
nightmares, hyper -vigilance, sleep difficulties, poor self-esteem, social isolation,
increased use of drugs and alcohol, school failure, depression, and suicidal
ideation.
Education & Outreach Services - provide educational programs to the Brazos
Valley on a variety of topics pertaining to child abuse, services to victims of
sexual assault and their families (coilectively "Services').
USE OF COUNTY FUNDS
Funds to be furnished to Provider as stated herein be used to offset operational
expenses of the Provider, including rent, telephone expenses, and office supplies.
COUNTY'S LIABILITY FOR PAYMENT
The County agrees to fund the Provider a maximum amount of money totaling
$5,000.00 for the term of this Agreement ("Funds").
RESPONSIBILITIES OF PROVIDER
Provider will be responsible for providing the following services pursuant to this
Agreement:
1. Maintaining this Agreement;
2. Providing of Services;
3. Maintaining data files on clients and the Services provided thereto;
4. Respond to all and any inquiries by the County.
Scotty's House Agreement
Page 2 of 6
5. Provider agrees that the County, or its designated representative, shall have
the right to review and to copy any records and supporting documentation
pertaining to the performance of this Agreement. Provider agrees to maintain
such records for possible audit for a, minimum of three (3) years after the
termination date of this Agreement, unless a longer period of records
retention is stipulated. Provider agrees to allow the auditor(s) access to such
records during normal business hours and to allow interviews of any
employees who might reasonably have information related to such records.
Provider agrees that the County, or its designated representative, shall further
have the right to review and to copy any records and supporting
documentation for prior years in which the County provided funds to the
Provider under prior Agreements. Any audit will be conducted by County
personnel or an independent third party, as determined by the Brazos County
Commissioners Court. If the Brazos County Commissioners Court
determines that the audit will be conducted by an independent third party, all
costs and expenses associated with said audit will be solely paid for by the
Provider.
6. Brazos County Commissioners Court may, in its sole discretion, require that
an independent financial audit be performed on the records of the Provider. If
an independent financial audit is performed, a management letter will be
prepared by the auditor as part of the process and a copy of said
management letter shall be delivered to the Brazos County Commissioners
Court. The management letter shall identify issues that might not otherwise
require disclosure in the Provider's annual financial report, but which are of
concern to or under the suggestion of the auditor. If the Brazos County
Commissioners Court determines that the audit will be conducted by an
independent third party, all costs and expenses associated with said audit will
be solely paid for by the Provider.
Provider will provide the County with any and all certified audits conducted by
Provider and the management letter prepared in connection therewith;
S. Provider will provide the Commissioners Court with statistics evidencing the
number of Brazos County residents using the Provider's Services.
RESPONSIBILITY OF COUNTY
The County shall be responsible for the following duties and requirements:
1. Provide County Funds.
2. Conduct a review of the Provider's performance in providing the Services to
be provided hereunder in order to assess County's continued participation in
the funding of the Provider.
Scolty's House Agreement
Page 3 of 6
RECORD RETENTION
The Provider shall be responsible for record keeping on all Services provided to
those individuals using its services and all financial records. The Provider agrees to
maintain and make available for inspection by the County upon request, consistent with
personal privacy and subject to the limitation of state law, any and all records the
County determines, in its sole discretion, to be necessary for the County to justify its
continued participation in supporting the Provider with Funds. Such records shall be
retained for at least three (3) years from the date the service was provided. These
records shall be made available for inspection and audit by the County, if it so desires.
7QOUlu ► _ M
The Provider shall not discriminate against any employee or applicant for
employment because of race, color, sex, or national origin. The Provider shall take
affirmative action to ensure that applicants who are employed are treated during
employment, without regard to their race, color, religion, sex, or national origin. Such
action shall include, but not limited to, the following: employment, upgrading, demotion,
or transfer; recruitment or recruitment advertising; layoff or termination; rate of pay or
other forms of compensation; and selection for training, including apprenticeship. The
Provider agrees to post in conspicuous places, available to employees and applicants
for employment, notices setting forth the provisions of this nondiscrimination clause.
INDEMNITY
The parties hereto agree to indemnify one another for and hold one another
harmless from and against all suits, claims, demands, liabilities or actions resulting or
alleged to result from the breach, violation or non-performance of the services stated
herein and for any damage to any person resulting from any action or omission or
negligence on the part of each party hereto.
INSURANCE
The parties hereto agree that the Provider shall be an independent contractor
and not any employee or agent of the County and that each shall maintain at its own
expense, adequate liability insurance to insure against damages and liabilities which
may arise due to the duties and obligations contracted for herein.
COUNTY INVOLVEMENT
The County and Provider state that to the best of their knowledge, no officer,
agent or employee of the County who exercises any function or responsibility in
connection with the carrying out of this Agreement or the Services to which it relates
has personal interest, direct or indirect, in this Agreement.
Scotty's House Agreement
Vol.
Page 4 of 6
GOVERNING LAW
This Agreement shall be executed in and shall be governed by the laws of the
State of Texas.
NOTICES
All notices required to be given hereunder shall be deemed to be duly given by
delivering such notice or by mailing it, certified mail RRR to the other party at the
following addresses:
Scotty's House Child Advocacy Center
2424 Kent Street
Bryan, Texas 77802
Brazos County Commissioners Court
County Administration Building
200 So. Texas Ave. No. 310
Bryan, Texas 77803
FURTHER ASSURANCES
Each party hereto agrees to perform any further acts and to execute and deliver
any further documents which may be necessary to carry out the provisions of this
Agreement.
SEVERABILITY
In the event that any of the provisions or portions thereof, of this Agreement, are
held to be unenforceable or invalid by any court of competent jurisdiction, the validity
and enforceability of the remaining provisions or portions shall not be affected thereby.
ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties
concerning the subject matter contained herein. There are no representations,
agreements, arrangements, or understanding, oral or written, between or among the
parties hereto, relating to the subject matter of the Agreement, which are not fully
expressed herein.
Scotty's House Agreement
Page 5 of
ASSIGNABILITY
This Agreement is not assignable by the Provider without the prior written
consent of the County.>>��
DATED this &May of 2016.
Brazos County Scotty's House Child Advocacy Center
DUANE PETERS, Judge Cary a r, Executive Director
ATTEST:
RAMN MCQUEN, County Clerk
Scotty's House Agreement
Page 6 of 6
VOL
FUNDING
AGREEMENT
BETWEEN TEXAS A&M UNIVERSITY
AND BRAZOS COUNTY
This Funding Agreement ("Agreement') is effective October 1, 2016 by and
between THE TEXAS A&M UNIVERSITY SYSTEM, (hereafter "TAMUS'), a member of
The Texas A&M University System, an agency of the State of Texas, for the benefit of
Easterwood Airport, and BRAZOS COUNTY, TEXAS ("County"), a political subdivision
of the State of Texas.
RECITALS
WHEREAS, TAMUS provides the services necessary to enable local citizens to
travel by private aircraft or scheduled commercial airliner, and maintains and operates
the facilities at Easterwood Airport, including but not limited to the terminal, runway and
all associated safety facilities and functions, for general and commercial aviation; and
WHEREAS, pursuant to the TEXAS TRANSPORTATION CODE Chapter 22, the
County recognizes that improving, equipping, maintaining, operating, regulating,
protecting, and policing an airport is a governmental function exercised for a public
purpose and that Easterwood Airport provides a public service to the County;
THEREFORE, in consideration of the mutual rights, obligations and covenants
contained herein, TAMUS and County agree as follows:
AGREEMENT
SECTION I
TERM OF AGREEMENT
1.01 This term of this Agreement is from October 1, 2016 through September 30,
2017.
SECTION II
PAYMENT
2.01 County, for and in consideration of the services to be provided to County, agrees
to pay to TAMUS the amount of SEVENTY THOUSAND, FOUR HUNDRED FIFTY SIX
($70,456) as support for FY 17. County will payout of current revenues, the full amount
due within thirty (30) days of receiving an invoice from TAMUS.
2.02 TAMUS acknowledges that any and all funds provided to TAMUS by the County
under this Agreement shall be used solely for operational expenses. No funds provided
by the County shall be used to purchase or repair any real property or fixtures of real
property, including but not limited to building, repairing or maintaining improvements of
any kind.
2017 Easterwood Airport Agreemen[
Page l of 6
t
2.03 TAMUS acknowledges the fee fairly compensates it for the services and
functions it is to provide pursuant to this Agreement.
SECTION III
TERMINATION
3.01 TAM US or County may unilaterally terminate this Agreement, at anytime and for
any reason, or no reason, by giving the other sixty (60) calendar days prior written
notice delivered pursuant to Section 4.01 of this Agreement.
SECTION IV
NOTICES
4.01 Notices required under this Agreement must be given by certified mail, registered
mail, or personal delivery, addressed to the parties listed below. TAMUS and/or County
can change this notice address by sending to the other party a notice of the new
address. Notices should be addressed as follows:
TAMUS: The Texas A&M University System
Office of the Chancellor
301 Tarrow, 7v' Floor
College Station, Texas 77840-7896
(979) 845-6000 (Telephone)
County: Brazos County Commissioners Court
200 S. Texas Avenue, Suite 310
Bryan, Texas 77803
(979) 361-4102 (Telephone)
Notices transmitted by United States mail or commercial mail courier shall be
deemed completed upon deposit in the United States mail or with the commercial
carrier.
SECTION V
MISCELLANEOUS
5.01 Contractual A-greement: TAMUS and County expressly acknowledge this
Agreement is intended and should be construed as a contract by and between TAMUS
and County. Nothing in this Agreement is intended to create an agency relationship,
partnership, joint venture, or any other such relationship.
5.02 Severability: Failure by TAMUS or County to insist on strict performance of any
requirement of this Agreement will not be construed as a waiver or relinquishment of
such requirement in future instances, but such requirement will continue and remain in
full force and effect.
2017 Easterwood Airport Agreement Page 2 of 6
VOL
5.03 Appropriation of Funds: All obligations of TAMUS are subject to the appropriation
of sufficient funds for such obligations by the Legislature of the State of Texas. Failure
by the Legislature to appropriate funds to TAMUS sufficient to continue to perform
under this Agreement relieves TAMUS from the obligation to perform during the period
of non -appropriation.
5.04 Successors and Assigns: This Agreement is binding upon TAMUS and County
and their respective successors in office or interest and assigns. This section is not to
be construed as authorizing assignment by TAMUS or County without the express
written consent of the other party.
5.05 State Agency: County expressly understands TAMUS is an agency of the State
of Texas, and nothing in this Agreement is intended to be, or should be construed as a
waiver or relinquishment by TAMUS of its rights to claim such exemptions, privileges
and immunities as provided by law. TAMUS expressly understands that County is a
political subdivision of the State of Texas and that nothing in this Agreement constitutes
an express waiver of governmental immunity from liability or lawsuit.
5.06 Governing Law: This Agreement is construed under and in accordance with the
laws of the State of Texas and is performable in Brazos County, Texas. In addition, by
statue, mandatory venue for all legal proceedings against TAMUS is to be in the county
in which the principal office of the governing officer is located.
5.07 Dispute Resolution: Any dispute between County and TAMUS regarding this
Agreement will be governed by Alternative Dispute Resolution for Use by Governmental
Bodies, Chapter 2009, Texas Government Code, and any applicable Model Rules
promulgated by the Office of the Attorney General and/or the State Office of
Administrative Hearing of the State of Texas. Any notice of dispute tendered by County
should be addressed to the University Contracts Officer of TAMUS. Any notice of
dispute tendered by TAMUS should be addressed to the County Judge of Brazos
County.
5.08 Amendment or Modification: This Agreement may be modified or amended in
writing by the mutual consent of the parties with modification being attached to and
incorporated into this Agreement by this reference for all purposes.
5.09 Information Furnished by Recipient: No later than thirty (30) days prior to the end
of the Agreement term or any renewal anniversary date, TAMUS shall furnish to
County's Auditor documentation establishing the use of funds received by TAMUS from
the County as a result of this Agreement. TAMUS will cooperate in the provision of all
necessary or relevant information requested by County's Auditor to properly account for
all funds provided by County and expended or received by TAMUS as a result of this
Agreement.
1017 Easterwood Airpor! Agreemem Page 3 of 6
TAMUS agrees that County, or its designated representative, shall have the right to
review and to copy any records and supporting documentation pertaining to the
performance of this Agreement. TAMUS agrees to maintain such records for possible
audit for a minimum of three (3) years after the termination date of this Agreement,
unless a longer period of records retention is stipulated. TAMUS agrees to allow the
auditor(s) access to such records during normal business hours and to allow interviews
of any employees who might reasonably have information related to such records.
TAMUS agrees County, or its designated representative, shall further have the right to
review and to copy any records and supporting documentation for prior years in which
County provided funds to TAMUS under prior Agreements. Any audit will be conducted
by County personnel or an independent third party, as determined by the Brazos County
Commissioners Court. If the Brazos County Commissioners Court determines that the
audit will be conducted by an independent third party, all costs and expenses
associated with said audit will be solely paid for by County.
Annual financial statements (audited if available) are due to County within six (6)
months of completion.
EXECUTED in duplicate originals, each of which shall be of full legal force and effect as
a singular original, this a`' lA day of A 2016, by TAMUSS:
"TAMUS"
THE TEXAS A&M UNIVERSITY SYSTEM
By:
PHILLIP RAY
Vice Chancellor for Business Affairs
APPROVED AS TO FORM:
KATHERINE . KI HT
Assistant General Counsel
Office of General Counsel
The Texas A&M University System
20/7 EastenvoodAirport Agreement Page d of
E
EXECUTED in duplicate orinipfils, each of . hic shall be of full legal force and effect as
a singular original, this Yh day of 2016, by County.
By:
ATTEST:
"COUNTY"
BRAZOS COUNTY
DUANE PEI
Brazos Cou(
Oh bC�4.i
APPROVED AS TO FORM:`
BILL BALLARD
Civil Division Counsel, Brazos County
*By law, Brazos County Civil Division counsel may only advise or approve contracts or
legal documents on behalf of other parties. Our review of this document was conducted
solely from the legal perspective of our client. Our approval of this document as to form
was offered solely for the benefit of our client. Other parties should not rely on this
approval and should seek review and approval by their own respective attorney(s).
2017 Easterwood Airport Agreement Page 5 of 6
ACKNOWLEDGEMENTS
STATE OF TEXAS
COUNTY OF BRAZOS
BEFORE ME, the undersigned authority a Notary Public in and for the State of
Texas, on this day personally appeared PHILLIP RAY, Vice Chancellor for Business
Affairs, The Texas A&M University System, known to me to be the person whose name
is subscribed to the foregoing instrument and acknowledged to me that he executed for
the purposes and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this
of .2016.
Notary Public, State of Texas
My Commission Expires:
STATE OF TEXAS
COUNTY OF BRAZOS
day
BEFORE ME, the undersigned authority a Notary Public in and for the State of
Texas, on this day personally appeared1rWa-.�Gtz+.leyt Ctt-nrniY,i, Rtj, Brazos
County, Texas, known to me to be the person whose name is subscribed to the
foregoing instrument and acknowledged to me that he executed for tre purposes and
consideration therein expressed and in the capacity therein stated.
+t\
GIVEN UNDER MY HAND AND SEAL OF OFFICE this / day
of , 2016.
BETHANY GCKSTROM
Notary Public
`'. STA'ITOFTEXAS
p'
My Comm. Exp. OR/09/2019
2017 Easfenvood Airport Agreement
lib^ t L aLL/- �&
Notary Public, State jTexas
My Commission Expires: Ig 1 Ig
Page 6 of 6
FOURTH RENEWALTO LEASE AGREEMENT
MILLICAN FIRE STATION
This Fourth Renewal to Lease Agreement ("Fourth Renewal") is made and executed by and
between BRAZOS COUNTY EMERGENCY SERVICES DISTRICT #1, P.O. Box 244, Wellborn, Texas 77881, as
"Lessor", and BRA70S COUNTY, TEXAS, 200 S. Texas Ave., Suite 332, Bryan, Texas, 77803, as "Lessee".
RECITALS
WHEREAS, the Lessor and Lessee entered into the original Lease ('lease") on October 16, 2012;
and
WHEREAS, the Lease further provides a fixed monthly rental for the initial term of the Lease and
the subsequent renewal term in the amount of $100.00, payable in monthly installments on the first day
of each month for the term of the Lease, and any subsequent renewal terms; and
WHEREAS, the Lessor and Lessee have agreed to renew the Lease for one (1) additional year
beginning October 1, 2016 and terminating on September 30, 2017;
NOW, THEREFORE, for the consideration stated herein, the Lessor and Lessee agree to the
following amendments to the Lease.
AGREEMENT
Renewal Term. This fourth renewal term ("Fourth Renewal Term") shall be effective October 1,
2016 and will terminate September 30, 2017. Additional subsequent renewal terms will be
subject to the terms and conditions of the Lease and this Fourth Renewal. If there are any
conflicts between this Fourth Renewal and the Lease, the terms of this Fourth Renewal will
control. This Fourth Renewal Term shall be conditioned on the same terms set forth in the
Lease, save and except those terms that are amended herein.
2. Rent. The fixed monthly rental for the Fourth Renewal Term of the Lease is $100,00 per month,
payable on the first day of each month for the Fourth Renewal Term of the Lease.
3. No Amendments. Except as expressly modified herein, the Lease is not amended.
4. Signatures. This Fourth Renewal and all other copies of this Fourth Renewal, insofar as they
relate to the rights, duties, and remedies of the parties, shall be deemed to be one agreement.
This Fourth Renewal may be executed concurrently in one or more counterparts, each of which
shall be deemed an original, but all of which together shall constitute one and the same
instrument. The parties expressly agree that a copy of this Fourth Renewal transmitted by
facsimile or email that contains the signature of one of the parties, shall for all purposes be
treated as an original and shall be binding against the parties hereto.
S. This Renewal shall be effective for all purposes as of the date set forth below.
6. Miscellaneous Provisions.
a. Notices. Any notice required by or permitted under the Lease or this Fourth Renewal
must be in writing. Any notice required by this Fourth Renewal or Lease will be deemed
to be delivered (whether actually received or not) when deposited with the United
States Postal Service, postage prepaid, certified mail, return receipt requested, and
addressed to the intended recipient at the address shown in the Lease. Notice may also
be given by regular mail, personal delivery, courier delivery, facsimile transmission, or
other commercially reasonable means and will be effective when actually received. Any
address for notice may be changed by written notice delivered as provided herein.
Copies of each notice must be given by one of these methods to the attorney of the
party to whom notice is given.
b. Entire Agreement. The Lease and this Fourth Renewal, constitute the entire agreement
of the Lessor and Lessee. There are no oral representations, warranties, agreements, or
promises pertaining to the Lease or Fourth Renewal by Lessor or Lessee.
c. Severability. The provisions of this Fourth Renewal are severable. If a court of
competent jurisdiction finds that any provision of this Fourth Renewal is unenforceable,
the remaining provisions will remain in 1e—ffect without the unenforceable parts.
Dated this Hi "' of ,Q'�`Pm [ e'r .20-L&
Attest:
By:
Lessor:
BRAZOS COUNTY EMERGENCY SERVICE
D STRICTk
By:
Na c& --r 7-
Title:
Title: GOnnA'1155141 E5O/
Lessee:
BRAZO
By:
Name:
Title:
1:11111•
Previously known as 2016-133R, 2014-85R and 2014-05
November 19, 2016 through November 20, 2017
N -LINE
TRAFFIC
D.I.J. CONSTRUCTION INC.
MAINTENANCE
ITEM
QUANTITY
UOM
DESCRIPTION
Unit Price
Total Price
Unit Price
Total Price
1
20,000
LF
4" Reflectorized Markings (SLD)(Re-stripe)
0.55
11,000.00
2
5,000
LF
4" Reflectorized Markings (BRK)(Re-stripe)
0.55
2,750.00
r, .65,,'
,.. �., 3;23529.., '
:x:;.
3
80,000
LF
4" Reflectorized Markings(SLD)(Layout)
0.33
26,400.00
030`'",
24000.00
4
12,000
LF
4" Reflectorized Markings (BRK)(Layout)
0.40
4,800.00
ll3D.'-''
3 600.00 -
5
1000
LF
12" Reflectorized Markings (SLD) (Re -stripe)
3.00
3,000.00
0' 2.95.1;;(
6
1000
LF
12" Reflectorized Markings (SLD) (Layout)
1.25
1,250.00
y
xl500.0o
0All-
7
209
LF
1a" Re9eclorized Markings (SLD)IRe-stripe)
4.00
800.00
Yn `7
3 50 'r
700.00 -
8
200
LF
18" Reflectorized Markings (SLD)(Layout)
2.25
450.00
,.1.50
., 300.00
9
200
LF
24" Reflectorized Markings (SLD) (Re -stripe)
6.50
1,300.00
.7,625 ':."^
,, 1,;1,250.00
r"�
10
200
LF
24" Reflectorized Markings (SLD) (Layout)
2.75
550.00
,225'
450.00
11
10
EA
4" Reflectorized Directional Arrow
110.00
1,100.00
90.00- -'
900.00
12
10
EA
8" Reflectorized Directional Arrow
110.00
1,100.00
.125
L250.00. '.
10
EA
4' Reflectorized Combination Arrow
125.00
1,250.00
145 00
1 450:00
10
EA
8' Reflectorized Combination Arrow
125.00
1,250.00
24000'
,. 2,400.00
r17
500
SQ FT
Eliminate Existing Pavement Markings
1.50
- 750.00
. 290:.--�
1,450.00
20
HR
Pressure Cleaning
220.00
4,400.00
2,000
EA
4" Type II -AA Raised Reflective Pavement Markers
3.75
7,500.00
�`,f.2.75
'>I
500
EA
4" Type 7-A Raised Reflective Pavement Markers
1.00
500.00
�, y275
1,375.00
19
20
EA
Reflectorized Railroad Crossing
350.00
7,000.00
365.00''
7,300:00 .,.
r;
20
1,000
EA
Flexlble Chip Seal Markers (yellow 8 white
1.50
1,500.00
`0.75
,750:00 '
r>
21
2,000
EA
Removal of 4" Raised Refl Pvmt Mkrs
1.00
2,000.00
0.80
1,600.00 .;
80,650.00
OPTIONS OFFERED BY VENDOR
22
10
EA
4" Reflectorized Directional Arrow (Performed Thermo)
None,175.00
1,750.00
23
10
EA
e" Reflectorized Directional Arrow (performed Thermo
None
r L 200 20010 00'., 2 000.00
24
10
EA
4" Reflectorized Combination Arrow (Performed Thermo)
None
240.00'
2400.00'
25
10
EA
8" Reflectorized Combination Arrow (Performed Thermo)
None
290.00''
2,900.00,-
26
20
EA
Reflectorized Railroad Crossing(performed Thermo
None
h 515.00`:'
1030010;
RECOMMENDATION:
N -LINE TRAFFIC
I -n
ix day MV 20116 by
Ap
o Iss'
er'
ourt on of, _ ,
`'�rnml
olding the position of G�ZIS ( �D.kM,�
fi4
Appendix D
DIR Contract No. DIR-TSO-3415
Verizon Wireless Customer Agreement
verizon�
A
This agreement is dated between Calico Partnership d/b/a Verizon Wireless and its Related Entities ("Verizon Wireless") and
("Customer"), a customer as defined in Appendix A in the Contract for Products and Related Services between the State of Texas
Department of Information Resources (the "DIR) and Verizon Wireless, DIR Contract No. DIR-TSO-3415 (the "DIR Agreemenr) with an
effective date of April 27, 2016.
This Customer Agreement shall be governed by the terms and conditions of the DIR Number DIR-TSO-3415. A copy of the DIR
Agreement is incorporated herein by reference and is available online at htto://www.dir.texas.gov or upon request from your Account
Manager.
Authorized Customer is eligible and desires to purchase wireless services and products from Verizon Wireless pursuant to the terms
and condifions of the DIR Agreement, any and all amendments, addenda and schedules as the DIR may specify from time to time, as
well as the terms and conditions of all calling plans activated under this Customer Agreement, which are incorporated herein by
reference.
DIR will only be responsible for services provided to DIR and will not be responsible for payments for services provided to any individual
Customer.
The Authorized Customer hereby agrees that it is separately and solely liable for all obligations and payments for equipment and
services provided hereunder.
The Authorized Customer agrees to the terms and conditions of the DIR Agreement including the disclosure of limited account
information as part of the contractual reporting requirements to DIR.
The undersigned represents and warrants that he/she has the power and authority to execute this Customer Agreement, bind the
respective Authorized Customer, and that the execution and performance of this Customer Agreement has been duly authorized by all
necessary Authorized Customer action.
The undersigned is duly authorized by the Authorized Customer to designate the following individual(s) (the "Authorized Contacts") who
are authorized to take action with respect to the account with Verizon Wireless to purchase equipment, add lines of service, cancel lines
of service and make changes to the account that financially bind the Authorized Customer to the terms and conditions of this Customer
Agreement, and the DIR Agreement.
FEIN Number: Existing Vendor Customer Account Number(s):
Means of Contact Acceptable To/From Authorized User (e.g. fax, e-mail, etc.):
Verizon Wireless Sales Representative Name: and Wireless Phone Number: and GID:
Verizon Wireless Profile ID(s):
Authorized User has caused this User Agreement to be executed by its duly authorized representative to be effective as of this
day of 20
Customer Name:
Y
h7
Authorized Signatu
arfl�
?/�t
Printed Name:
I�
G
Title:
Date:
^ O
DIR-TSO-3415 vt 081616 Verizon Wireless 1
verizon�
Appendix D
DIR Contract No. DIR-TSO-3415
Verizon Wireless Customer Agreement
This agreement is dated between Calico Partnership d/b/a Verizon Wireless and its Related Entities ("Verizon Wireless") and
("Customer'), a customer as defined in Appendix A in the Contract for Products and Related Services between the State of Texas
Department of Information Resources (the "DIR) and Venzon Wireless, DIR Contract No. DIR-TSO-3415 (the "DIR Agreement') with an
effective date of April 27, 2016.
This Customer Agreement shall be governed by the terms and conditions of the DIR Number DIR-TSO-3415. A copy of the DIR
Agreement is incorporated herein by reference and is available online at htto:/hvww.dir.texas.aov or upon request from your Account
Manager.
Authorized Customer is eligible and desires to purchase wireless services and products from Verizon Wireless pursuant to the terms
and conditions of the DIR Agreement, any and all amendments, addenda and schedules as the DIR may specify from time to time, as
well as the terms and conditions of all calling plans activated under this Customer Agreement, which are incorporated herein by
reference.
DIR will only be responsible for services provided to DIR and will not be responsible for payments for services provided to any individual
Customer.
The Authorized Customer hereby agrees that it is separately and solely liable for all obligations and payments for equipment and
services provided hereunder.
The Authorized Customer agrees to the terms and conditions of the DIR Agreement including the disclosure of limited account
information as part of the contractual reporting requirements to DIR.
The undersigned represents and warrants that he/she has the power and authority to execute this Customer Agreement, bind the
respective Authorized Customer, and that the execution and performance of this Customer Agreement has been duly authorized by all
necessary Authorized Customer action.
The undersigned is duly authorized by the Authorized Customer to designate the following individual(s) (the "Authorized Contacts") who
are authorized to take action with respect to the account with Verizon Wireless to purchase equipment, add lines of service, cancel lines
of service and make changes to the account that financially bind the Authorized Customer to the terms and conditions of this Customer
Agreement, and the DIR Agreement.
FEIN Number: Existing Vendor Customer Account Number(s):
Means of Contact Acceptable To/From Authorized User (e.g. fax, e-mail, etc.):
Verizon Wireless Sales Representative Name: and Wireless Phone Number: and GID:
Verizon Wireless Profile ID(s):
Authorized User has caused this User Agreement to be executed by its duly authorized representative to be effective as of this
day of 20
Customer Name:
Authorized Signature:
Printed Name:
YYnCA I -e
Title:
I SIbanEY t
Date: 9 --_O
n//
DIR-TSO-3415 v1 081616 Verizon Wireless
DIR Contract No. DIR-TSO-3415
Vendor Contract No.
STATE OF TEXAS
DEPARTMENT OF INFORMATION RESOURCES
CONTRACT FOR PRODUCTS AND RELATED SERVICES
CELLCO PARTNERSHIP DBA VERIZON WIRELESS
1. Introduction
A. Parties
This Contract for products and related services is entered into between the State of Texas,
acting by and through the Department of Information Resources (hereinafter "DIR") with
its principal place of business at 300 West 15'x' Street, Suite 1300, Austin, Texas 78701,
and Cellco Partnership dba Verizon Wireless (hereinafter "Vendor"), with its principal
place of business at One Verizon Way, Basking Ridge, NJ 08920-1097.
B. Compliance with Procurement Laws
This Contract is the result of compliance with applicable procurement laws of the State of
Texas. DIR issued a solicitation on the Comptroller of Public Accounts' Electronic State
Business Daily, Request for Offer (RFO) DIR-TSO-TMP-234, on December 9, 2015, for
Hardware, Software and Services for Wireless Voice, Data, Pagers and Mobile Satellite
Voice. Upon execution of this Contract, a notice of award for PFO DIR-TSO-TMP-234
shall be posted by DIR on the Electronic State Business Daily.
C. Order of Precedence
For purchase transactions tinder this Contract, the order of precedence shall be as follows:
this Contract; Appendix A, Standard Terms and Conditions For Products and Related
Services Contracts; Appendix B, Vendor's Historically Underutilized Businesses
Subcontracting Plan; Appendix C, Pricing Index; Appendix D, Service Agreement;
Appendix E, E -Rate Customer Service Agreement; Exhibit 1, Vendor's Response to RFO
DIR-TSO-TMP-234, including all addenda; and Exhibit 2, RFO DIR-TSO-TMP-234,
including all addenda; are incorporated by reference and constitute the entire agreement
between DTR and Vendor governing purchase transactions. In the event of a conflict
between the documents listed in this paragraph related to purchases, the controlling
document shall be this Contract, then Appendix A, then Appendix B, then Appendix C,
then Appendix D, then Appendix E, then Exhibit 1, and finally Exhibit 2. In the event and
to the extent any provisions contained in multiple documents address the same or
substantially the same subject matter but do not actually conflict, the more recent
provisions shall be deemed to have superseded earlier provisions.
2. Term of Contract
The term of this Contract shall be two (2) years commencing on the last date of approval
by DIR and Vendor. Prior to expiration of the original term, DIR and Vendor may extend
the Contract, upon mutual agreement, for up to two (2) optional one-year terms.
F0
d
DIR Contract No. DIR-TSO-3415
Vendor Contract No.
Additionally, the parties by mutual agreement may extend the term for up to ninety (90)
additional calendar days.
3. Product and Service Offerings
A. Products
Products available under this Contract are limited to Wireless Voice and Data Products
required for services offered in B. below as specified in Appendix C, Pricing Index.
Vendor may incorporate changes to their product offering; however, any changes must
be within the scope of products awarded based on the posting described in Section 1.13
above. Vendor may not add a manufacturer's product line which was not included in
the Vendor's response to the solicitation described in Section 1.13 above.
B. Services
Services available under this Contract are limited to Wireless Voice and Data Services
as specified in Appendix C, Pricing Index. Vendor may incorporate changes to their
service offering; however, any changes must be within the scope of services awarded
based on the posting described in Section 1.13 above.
4. Pricing
Pricing to the DIR Customer shall be as set forth in Appendix A, Section S, Pricing,
Purchase Orders, Invoices and Payment, and as set forth in Appendix C, Pricing Index, and
shall include the DIR Administrative Fee.
5. DIR Administrative Fee
A) The administrative fee to be paid by the Vendor to DIR based on the dollar value of all
sales to Customers pursuant to this Contract is two percent (2%). Payment will be
calculated for all sales, net of returns and credits. For example, the administrative fee for
sales totaling $100,000 shall be $2,000.
B) All prices quoted to Customers shall include the administrative fee. DIR reserves the
right to change this fee upwards or downwards during the term of this Contract, upon
written notice to Vendor without further requirement for a formal contract amendment.
Any change in the administrative fee shall be incorporated in the price to the Customer.
6. Notification
All notices under this Contract shall be sent to a party at the respective address indicated
below.
If sent to the State:
Shannon Kelley, CTPM, CTCM
Manager, Contract and Vendor Management
Department of Information Resources
300 W. 15`h St., Suite 1300
Austin, Texas 78701
Phone: (512) 936-2233
Vol.
DIR Contract No. DIR-TSO.3415
Vendor Contract No.
Facsimile: (512) 475-4759
Email: shannon.kelley cr dir.texas.eov
If sent to the Vendor:
Russ Brown
Verizon Wireless
70 NE Loop 410
San Antonio, TX 78216
Phone: (210) 347-1406
Facsimile: (210) 592-5080
Email: russ.brownna.vzw.com
Software License and Service Agreement
A. Shrink/Click-wrap License Agreement
Regardless of any other provision or other license terms which may be issued by
Vendor after the effective date of this Contract, and irrespective of whether any such
provisions have been proposed prior to or after the issuance of a Purchase Order for
products licensed under this Contract, or the fact that such other agreement may be
affixed to or accompany software upon delivery (shrink-wrap), the terms and
conditions set forth in this Contract shall supersede and govern the license terms
between Customers and Vendor. It is the Customer's responsibility to read the
Shrink/Click-wrap License Agreement and determine if the Customer accepts the
license terms as amended by this Contract. If the Customer does not agree with
the license terms, Customer shall he responsible for negotiating with the reseller
to obtain additional changes in the Shrink/Click-wrap License Agreement
language from the software publisher.
B. Service Agreement
Services provided under this Contract shall be in accordance with the Service
Agreements as set forth in Appendix D and Appendix E of this Contract. No changes
to the Service Agreement terms and conditions may be made unless previously agreed
to by Vendor and DIR.
8. Authorized Exceptions to Appendix A, Standard Terms and Conditions for Product
and Related Services Contracts.
A. Section 3. Definitions, I. Equipment, is hereby added:
Devices and ancillary accessories used by subscribers in conjunction with wireless service.
B. Section 3. Definitions, J. Wireless Service, is hereby added:
Each and every radio service that is defined by the Federal Communications Commission
("FCC") as commercial mobile radio service ("CMRS") and is subject to FCC rules and
related to communication through radio transmissions.
h
DIR Contract No. DIR-TSO-3415
Vendor Contract No.
C. Section 4. General Provisions, B. Modification of Contract Terms and/or
Amendments, Subsection 3) is hereby replaced in its entirety with the following:
3) Customers and Vendor may, but are under no obligation to, negotiate and enter into
written agreements regarding statements of work, service level agreements, remedies,
acceptance criteria, information confidentiality and security requirements, and other terms
specific to their Purchase Orders under the Contract with Vendors.
D. Section 5. Intellecutal Property Matters, A. Definitions, 3) Statement of Work, is
hereby replaced in its entirety with the following:
3) "Statement of Work" means a document signed by Customer and Vendor describing a
specific set of activities and/or deliverables, which may include Work Product and
Intellectual Property Rights, that Vendor is to provide Customer, issued pursuant to the
Contract. If Statement of Work is not issued by Customer to the Vendor, the Customer
shall not have any rights in Vendor IP (defined below).
E. Section 5. Intellecutal Property Matters, A. Definitions, 5) Vendor IP, is hereby
replaced in its entirety with the following:
5) "Vendor IP" shall mean all tangible or intangible items or things, including the
Intellectual Property Rights therein, created or developed by Vendor (a) prior to providing
any Services or Work Product to Customer and prior to receiving any documents, materials,
information or funding from or on behalf of Customer relating to the Services or Work
Product, or (b) after the Effective Date of the Contract if such tangible or intangible items
or things were not prescribed in a Statement of Work issued by Customer and/or
independently developed by Vendor outside Vendor's provision of Services or Work
Product for Customer hereunder and were not created, prepared, developed, invented or
conceived by any Customer personnel who then became personnel to Vendor or any of its
affiliates or subcontractors, where, although creation or reduction -to -practice is completed
while the person is affiliated with Vendor or its personnel, any portion of same was created,
invented or conceived by such person while affiliated with Customer.
F. Section 5. Intellecutal Property Matters, J. Agreement with Subcontracts, is hereby
replaced in its entirety with the following:
Vendor agrees that it shall have written agreement(s) that are consistent with the provisions
hereof related to Work Product and Intellectual Property Rights with any, agents,
consultants, contractors or subcontractors providing Services or Work Product pursuant to
the Contract, prior to their providing such Services or Work Product, and that it shall
maintain such written agreements at all times during performance of this Contract, which
are sufficient to support all performance and grants of rights by Vendor. Copies of such
agreements shall be provided to the Customer promptly upon request.
DIR Contract No. DIR-TSO-3415
Vendor Contract No.
G. Section 10. Vendor Responsibilities, N. Required Insurance Coverage, 1) Commercial
General Liability, is hereby replaced in its entirety:
1) Commercial General Liability must include a combined single limit of $2,000,000 per
occurrence. Agencies may require additional Umbrella/Excess Liability insurance.
The policy shall contain the following provisions:
a) Blanket contractual liability coverage for liability assumed under the Contract;
b) Independent Contractor coverage;
c) State of Texas, DIR and Customer listed as an additional insured;
d) Waiver of Transfer Right of Recovery Against Others in favor of DIR and/or Customer.
H. Section 10. Vendor Responsibilities, N. Required Insurance Coverage, 3) Business
Automobile Liability Insurance, is hereby replaced in its entirety:
3) Business Automobile Liability Insurance must cover all owned, non -owned and hired
vehicles with a minimum combined single limit of $500,000 per occurrence for bodily
injury and property damage. Alternative acceptable limits are $250,000 bodily injury per
person, $500,000 bodily injury per occurrence and at least $100,000 property damage
liability per accident. The policy shall contain the following endorsements in favor of
DIR and/or Customer:
a) Waiver of Subrogation;
b) Additional Insured.
I. Section 10. Vendor Responsibilities, V. Accessibility of Public Information,
Subsection 1), is hereby replaced in its entirety:
1) Pursuant to S.B. 1368 of the 83`d Texas Legislature, Regular Session, Vendor is
required to make any information created or exchanged with the State pursuant to this
Contract, and not otherwise excepted from disclosure under the Texas Public
Information Act, available in a format that is accessible by the public at no additional
charge to the State. The Vendor shall provide the information directly to the State for
dissemination of the information to the public. The Vendor Shall not dissiminate
information directly to the public under any circumstances.
(remainder of page intentionally left blank)
DIR Contract No. DIR-TSO-3415
Vendor Contract No.
This Contract is executed to be effective as of the date of last signature.
Celleo Partnership dba Verizon Wireless
Authorized By: Signature on file
Name: Todd Loccisano
Title: Executive Director, Enterprise & Government Contracts
Date: April 26, 2016
The State of Texas, acting by and through the Department of Information Resources
Authorized By: Signature on file
Name: Wayne E eler
Title: Director CTS
Date: April 27, 2016
Office of General Counsel: Signature on File
._._...__...�_-
(Appendix A
Standard Terms and Conditions For Product and Related Services Contracts
Table of Contents
1. Contract Scope..............................................................
........ 1
2. No Quantity Guarantees......................................................................................................... 1
3. Definitions..............................................................................................................................1
4. General Provisions..........
............................................................ 2
5. Intellectual Property Matters.................................................................................................. 4
A.
Definitions...........................................:.........................................................................4
B.
Ownership.....................................................................................................................
5
C.
Further Actions.......................................................................:::.................................
5
D.
Waiver of Moral Rights................................................................................................
6
E.
Confidentiality..............................................................................................................6
F.
Injunctive Relief............................................................................................................
6
G.
Return of Materials Pertaining to Work Product..........................................................
6
H.
Vendor License to Use..................................................................................................
7
I.
Third -Party Underlying and Derivative Works............................................................
7
J.
Agreement with Subcontracts.......................................................................................
7
K.
License to Customer.....................................................................................................
7
L.
Vendor Development Rights.........................................................................................
8
6. Product Terms and Conditions...............................................................................................
8
A.
Electronic and Information Resources Accessibility Standards, As Required
by 1 TAC Chapters 206 and 213 (Applicable to State Agency and
Institution of Higher Education Purchases Only).........................................................
8
B.
Purchase of Commodity Items (Applicable to State Agency Purchases
Only).............................................................................................................................
8
7. Contract
Fulfillment and Promotion......................................................................................
9
A.
Service, Sales and Support of the Contract...................................................................
9
B.
Use of Order Fulfillers..................................................................................................
9
1) Designation of Order Fulfillers, ..............................................................................
9
2) Changes in Order Fulfiller List.............................................................................
10
3) Order Fulfiller Pricing to Customer......................................................................
10
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Table of Contents
1. Contract Scope....................................................................................................................... 1
2. No Quantity Guarantees......................................................................................................... 1
3. Definitions ..............................................................................................................................1
4. General Provisions................................................................................................................. 2
A. Entire Agreement.......................................................................................................... 2
B. Modification of Contract Terms and/or Amendments .................................................. 2
C. Invalid Term or Condition............................................................................................ 3
D. Assignment................................................................................................................... 3
E. Survival.........................................................................................................................3
F. Choice of Law............................................................................................................... 3
G. Limitation of Authority ................................................................................................. 3
H. Proof of Financial Stability........................................................................................... 4
5. Intellectual Property Matters.................................................................................................. 4
A.
Definitions....................................................................................... .........................4
B.
Ownership.....................................................................................................................
5
C.
Further Actions..........................................................................................................
5
D.
Waiver of Moral Rights................................................................................................
6
E.
Confidentiality ..............................................................................................................6
F.
Injunctive Relief............................................................................................................
6
G.
Return of Materials Pertaining to Work Product..........................................................
6
H.
Vendor License to Use..................................................................................................
7
I.
Third -Party Underlying and Derivative Works............................................................
7
J.
Agreement with Subcontracts.......................................................................................
7
K.
License to Customer.....................................................................................................
7
L.
Vendor Development Rights.........................................................................................
8
6. Product
Terms and Conditions...............................................................................................
8
A.
Electronic and Information Resources Accessibility Standards, As Required
by 1 TAC Chapters 206 and 213 (Applicable to State Agency and
Institution of Higher Education Purchases Only).........................................................
8
B.
Purchase of Commodity Items (Applicable to State Agency Purchases
Only).............................................................................................................................
8
7. Contract Fulfillment and Promotion......................................................................................
9
A. Service, Sales and Support of the Contract................................................................... 9
B. Use of Order Fulfillers.................................................................................................. 9
1) Designation of Order Fulfillers............................................................................... 9
2) Changes in Order Fulfiller List............................................................................. 10
3) Order Fulfiller Pricing to Customer...................................................................... 10
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A.
Indemnification...........................................................................................................
19
B.
Taxes/Worker's Compensation/UN'EMPLOYMEN'T INSURANCE ........................
20
C.
Vendor Certifications..................................................................................................
21
D.
Ability to Conduct Business in Texas.........................................................................
23
E.
Equal Opportunity Compliance..................................................................................
23
F.
Use of Subcontractors.................................................................................................
23
G.
Responsibility for Actions..........................................................................................
23
H.
Confidentiality............................................................................................................23
29
I.
Security of Premises, Equipment, Data and Personnel ...............................................
24
J.
Background and/or Criminal History Investigation... ............. ...................................
24
K.
Limitation of Liability .................................................................................................
24
L.
Overcharges................................................................................................................
24
M.
Prohibited Conduct.....................................................................................................
25
N.
Required Insurance Coverage.....................................................................................
25
O.
Use of State Property ..................................................................................................
26
P.
Immigration.................................................................................................................
26
Q.
Public Disclosure........................................................................................................
27
R.
Product and/or Services Substitutions........................................................................
27
S.
Secure Erasure of Hard Disk Products and/or Services ..............................................
27
T.
Deceptive Trade Practices; Unfair Business Practices ...............................................
27
U.
Drug Free Workplace Policy......................................................................................
27
V.
Accessiblity of Public Information.............................................................................
28
W.
Vendor Reporting Requirements ..........................
28
11. Contract Enforcement.......................................................................................................... 28
A.
Enforcement of Contract and Dispute Resolution......................................................
28
B.
Termination.................................................................................................................28
1) Termination forNon-Appropriation.....................................................................28
a) Termination for Non -Appropriation by Customer ............................................
28
b) Termination for Non -Appropriation by DIR....................................................
29
2) Absolute Right......................................................................................................29
3) Termination for Convenience...............................................................................
29
4) Termination for Cause..........................................................................................
29
a) Contract...........................................................................................................29
b) Purchase Order................................................................................................
30
5) Customer Rights Under Termination....................................................................
30
6) Vendor or Order Fulfiller Rights Under Termination ...........................................
30
C.
Force Maj cure.............................................................................................................30
12. Notification
..........................................................................................................................30
A.
Notices........................................................................................................................
31
B.
Handling of Written Complaints.................................................................................
31
13. Captions............................................................................................................................... 31
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redistributes used computer equipment to public school students and their
families; and
9) A nonprofit organization that provides affordable housing.
B. Compliance Check — an audit of Vendor's compliance with the Contract may be
performed by, but not limited to, a third party auditor, DIR Internal Audit department,
or DIR contract management staff or their designees.
C. Contract — the document executed between DIR and Vendor into which this Appendix
A is incorporated.
D. CPA — refers to the Texas Comptroller of Public Accounts.
E. Day - shall mean business days, Monday through Friday, except for State and Federal
holidays, unless otherwise specified as calendar days. If the Contract calls for
performance on a day that is not a business day, then performance is intended to occur
on the next business day.
F. Order Fulfiller— the parry, either Vendor or a party that may be designated by Vendor,
who is fulfilling a Purchase Order pursuant to the Contract.
G. Purchase Order - the Customer's fiscal form or format, which is used when making a
purchase (e.g., formal written Purchase Order, Procurement Card, Electronic Purchase
Order, or other authorized instrument).
H. State — refers to the State of Texas.
4. General Provisions
A. Entire Agreement
The Contract, Appendices, and Exhibits constitute the entire agreement between DIR
and the Vendor. No statement, promise, condition, understanding, inducement or
representation, oral or written, expressed or implied, which is not contained in the
Contract, Appendices, or its Exhibits shall be binding or valid.
B. Modification of Contract Terms and/or Amendments
1) The terms and conditions of the Contract shall govern all transactions by Customers
under the Contract. The Contract may only be modified or amended upon mutual
written agreement of DIR and Vendor.
2) Customers shall not have the authority to modify the terms of the Contract;
however, additional Customer terms and conditions that do not conflict with the
Contract and are acceptable to Order Fulfiller may be added in a Purchase Order and
given effect. No additional term or condition added in a Purchase Order issued by a
Customer can conflict with or diminish a term or condition of the Contract. Pre-printed
terms and conditions on any Purchase Order issued by Customer hereunder will have no
force and effect. In the event of a conflict between a Customer's Purchase Order and the
Contract, the Contract term shall control.
3) Customers and Vendor will negotiate and enter into written agreements regarding
statements of work, service level agreements, remedies, acceptance criteria, information
confidentiality and security requirements, and other terms specific to their Purchase
Orders under the Contract with Vendors.
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H. Proof of Financial Stability
Either DSR or Customer may require Vendor to provide proof of financial stability prior to
or at any time during the contract term.
5. Intellectual Property Matters
A. Definitions
1)" Work Product" means any and all deliverables produced by Vendor for Customer
under a Statement of Work issued pursuant to this Contract, including any and all
tangible or intangible items or things that have been or will be prepared, created,
developed, invented or conceived at any time following the effective date of the
Contract, including but not limited to any (i) works of authorship (such as manuals,
instructions, printed material, graphics, artwork, images, illustrations, photographs,
computer programs, computer software, scripts, object code, source code or other
programming code, HTML code, flow charts, notes, outlines, lists, compilations,
manuscripts, writings, pictorial materials, schematics, formulae, processes, algorithms,
data, information, multimedia files, text web pages or web sites, other written or
machine readable expression of such works fixed in any tangible media, and all other
copyrightable works), (ii) trademarks, service marks, trade dress, trade names, logos,
or other indicia of source or origin, (iii) ideas, designs, concepts, personality rights,
methods, processes, techniques, apparatuses, inventions, formulas, discoveries, or
improvements, including any patents, trade secrets and know-how, (iv) domain names,
(v) any copies, and similar or derivative works to any of the foregoing, (vi) all
documentation and materials related to any of the foregoing, (vii) all other goods,
services or deliverables to be provided to Customer under the Contract or a Statement
of Work, and (viii) all Intellectual Property Rights in any of the foregoing, and which
are or were created, prepared, developed, invented or conceived for the use or benefit
of Customer in connection with this Contract or a Statement of Work, or with funds
appropriated by or for Customer or Customer's benefit: (a) by any Vendor personnel
or Customer personnel, or (b) any Customer personnel who then became personnel to
Vendor or any of its affiliates or subcontractors, where, although creation or reduction -
to -practice is completed while the person is affiliated with Vendor or its personnel, any
portion of same was created, invented or conceived by such person while affiliated with
Customer.
2) "Intellectual Property Rights" means the worldwide legal rights or interests
evidenced by or embodied in: (i) any idea, design, concept, personality right, method,
process, technique, apparatus, invention, discovery, or improvement, including any
patents, trade secrets, and know-how; (ii) any work of authorship, including any
copyrights, moral rights or neighboring rights; (iii) any trademark, service mark, trade
dress, trade name, or other indicia of source or origin; (iv) domain name registrations;
and (v) any other proprietary or similar rights. The Intellectual Property Rights of a
party include all worldwide legal rights or interests that the party may have acquired
by assignment or license with the right to grant sublicenses.
3) "Statement of Work" means a document signed by Customer and Vendor describing
a specific set of activities and/or deliverables, which may include Work Product and
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dissolution of Vendor or Vendor's unreasonable failure to respond to Customer's repeated
requests for such signature on any document reasonably necessary for any purpose set forth
in the foregoing sentence, Vendor hereby irrevocably designates and appoints Customer and
its duly authorized officers and agents as Vendor's agent and Vendor's attomey-in-fact to
act for and in Vendor's behalf and stead to execute and file any such document and to do
all other lawfully permitted acts to further any such purpose with the same force and effect
as if executed and delivered by Vendor, provided however that no such grant of right to
Customer is applicable if Vendor fails to execute any document due to a good faith dispute
by Vendor with respect to such document. It is understood that such power is coupled with
an interest and is therefore irrevocable. Customer shall have the full and sole power to
prosecute such applications and to take all other action concerning the Work Product, and
Vendor shall cooperate, at Customer's sole expense, in the preparation and prosecution of
all such applications and in any legal actions and proceedings concerning the Work Product.
D. Waiver of Moral Rights.
Vendor hereby irrevocably and forever waives, and agrees never to assert, any Moral Rights
in or to the Work Product which Vendor may now have or which may accrue to Vendor's
benefit under U.S. or foreign copyright or other laws and any and all other residual rights
and benefits which arise under any other applicable law now in force or hereafter enacted.
Vendor acknowledges the receipt of equitable compensation for its assignment and waiver
of such Moral Rights. The term "Moral Rights" shall mean any and all rights of paternity
or integrity of the Work Product and the right to object to any modification, translation or
use of the Work Product, and any similar rights existing under the judicial or statutory law
of any country in the world or under any treaty, regardless of whether or not such right is
denominated or referred to as a moral right.
E. Confidentiality.
All documents, information and materials forwarded to Vendor by Customer for use in and
preparation of the Work Product shall be deemed the confidential information of Customer,
and subject to the license granted by Customer to Vendor under sub -paragraph H.
hereunder. Vendor shall not use, disclose, or permit any person to use or obtain the Work
Product, or any portion thereof, in any manner without the prior written approval of
Customer.
F. Injunctive Relief.
The Contract is intended to protect Customer's proprietary rights pertaining to the Work
Product, and the Intellectual Property Rights therein, and any misuse of such rights would
cause substantial and irreparable harm to Customer's business. Therefore, Vendor
acknowledges and stipulates that a court of competent jurisdiction may immediately enjoin
any material breach of the intellectual property, use, and confidentiality provisions of this
Contract, upon a request by Customer, without requiring proof of irreparable injury as same
should be presumed.
G. Return of Materials Pertaining to Work Product.
Upon the request of Customer, but in any event upon termination or expiration of this
Contract or a Statement of Work, Vendor shall surrender to Customer all documents and
things pertaining to the Work Product, including but not limited to drafts, memoranda,
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carryout Customer's internal business use of the Work Product. Except for the preceding
license, all rights in Vendor IP remain in Vendor.
L. Vendor Development Rights.
To the extent not inconsistent with Customer's rights in the Work Product or as set forth
herein, nothing in this Contract shall preclude Vendor from developing for itself, or for
others, materials which are competitive with those produced as a result of the Services
provided hereunder, provided that no Work Product is utilized, and no Intellectual Property
Rights of Customer therein are infringed by such competitive materials. To the extent that
Vendor wishes to use the Work Product, or acquire licensed rights in certain Intellectual
Property Rights of Customer therein in order to offer competitive goods or services to third
parties, Vendor and Customer agree to negotiate in good faith regarding an appropriate
license and royalty agreement to allow for such.
6. Product Terms and Conditions
A. Electronic and Information Resources Accessibility Standards, As Required by 1
TAC Chapters 206 and 213 (Applicable to State Agency and Institution of Higher
Education Purchases Only)
1) Effective September 1, 2006 state agencies and institutions of higher education shall
procure products which comply with the State Accessibility requirements for Electronic
and Information Resources specified in 1 TAC Chapters 206 and 213 when such
products are available in the commercial marketplace or when such products are
developed in response to a procurement solicitation.
2) Upon request, but not later than thirty (30) calendar days after request, Vendor shall
provide DIR with a completed Voluntary Product Accessibility Template (VPAT) of
the specified product or a URL to the VPAT for reviewing compliance with the State
Accessibility requirements (based on the federal standards established under Section
508 of the Rehabilitation Act).
B. Purchase of Commodity Items (Applicable to State Agency Purchases Only)
1) Texas Government Code, §2157.068 requires State agencies to buy commodity items,
as defined in 6.13.2, below, in accordance with contracts developed by DIR, unless the
agency obtains an exemption from DIR or a written certification that a commodity is
not on DIR contract (for the limited purpose of purchasing from a local government
purchasing cooperative).
2) Commodity items are commercially available software, hardware and technology
services that are generally available to businesses or the public and for which DIR
detemunes that a reasonable demand exists in two or more state agencies. Hardware is
the physical technology used to process, manage, store, transmit, receive or deliver
information. Software is the commercially available programs that operate hardware and
includes all supporting documentation, media on which the software may be contained
or stored, related materials, modifications, versions, upgrades, enhancements, updates
or replacements. Technology services are the services, functions and activities that
facilitate the design, implementation, creation, or use of software or hardware.
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2) Changes in Order Fulfiller List
Vendor may add or delete Order Fulfillers throughout the term of the Contract upon
written authorization by DIR. Prior to adding or deleting Order Ful fillers, Vendor must
make a good faith effort in the revision of its Subcontracting Plan in accordance with
the State's Policy on Utilization of Historically Underutilized Businesses. Vendor shall
provide DIR with its updated Subcontracting Plan and the Order Fulfiller information
listed in Section 7.B. La above.
3) Order Fulfiller Pricing to Customer
Order Fulfiller pricing to the Customer shall comply with the Customer price as stated
within Appendix A, Section 8, Pricing, Purchase Orders, Invoices and Payment, and
as set forth in Appendix C, Pricing Index, and shall include the DIR Administrative
Fee. This pricing shall only be offered by Order Fulfillers to Customers for sales that
pass through the Contract.
C. Product Warranty and Return Policies
Order Fulfiller will adhere to the Vendor's then -currently published policies concerning
product warranties and returns. Product warranty and return policies for Customers will
not be more restrictive or more costly than warranty and return policies for other similarly
situated Customers for like products.
D. Customer Site Preparation
Customers shall prepare and maintain its site in accordance with written instructions
famished by Order Fulfiller prior to the scheduled delivery date of any product or service
and shall bear the costs associated with the site preparation.
E. Internet Access to Contract and Pricing Information
1) Vendor Website
Within thirty (30) calendar days of the effective date of the Contract, Vendor will
establish and maintain a website specific to the product and service offerings under the
Contract which is clearly distinguishable from other, non-DIR Contract offerings at
Vendor's website. The website must include the product and services offered, product
and service specifications, specific contract pricing expressed in dollars as well as
discount off MSRP or List Price, designated Order Fulfillers, contact information for
Vendor and designated Order Fulfillers, instructions for obtaining quotes and placing
Purchase Orders, and warranty and return policies. The Vendor's website shall list the
DIR Contract number, reference the DIR Information and Communications
Technology Cooperative Contracts program, display the DIR logo in accordance with
the requirements in paragraph F of this Section, and contain a link to the DIR website
for the Contract.
2) Accurate and Timely Contract Information
Vendor warrants and represents that the website information specified in the above
paragraph will be accurately and completely posted, maintained and displayed in an
objective and timely manner. Vendor, at its own expense, shall correct any non-
conforming or inaccurate information posted at Vendor's website within ten (10)
business days after written notification by DIR.
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H. Trade Show Participation
At DIR's discretion, Vendor and Order Fulfillers may be required to participate in one or
more DIR sponsored trade shows each calendar year. Vendor understands and agrees that
participation, at the Vendor's and Order Fulfiller's expense, includes providing a manned
booth display or similar presence. DIR will provide four months advance notice of any
required participation. Vendor and Order Fulfillers must display the DIR logo at all trade
shows that potential Customers will attend. DIR reserves the right to approve or disapprove
of the location or the use of the DIR logo in or on the Vendor's or Order Fulfiller's booth.
I. Orientation Meeting
Within thirty (30) calendar days from execution of the Contract, Vendor and Order Fulfillers
will be required to attend an orientation meeting to discuss the content and procedures of
the Contract. DIR, at its discretion, may waive the orientation requirement for Vendors
who have previously held DIR contracts. The meeting will be held in the Austin, Texas
area at a date and time mutually acceptable to DIR and the Vendor or by teleconference, at
DIR's discretion. DIR shall bear no cost for the time and travel of the Vendor or Order
Fulfillers for attendance at the meeting.
J. Performance Review Meetings
DIR will require the Vendor to attend periodic meetings to review the Vendor's performance
under the Contract. The meetings will be held within the Austin, Texas area at a date and
time mutually acceptable to DIR and the Vendor or by teleconference, at DIR's discretion.
DIR shall bear no cost for the time and travel of the Vendor for attendance at the meeting.
K. DIR Cost Avoidance
As part of the performance measures reported to state leadership, DIR must provide the cost
avoidance the State has achieved through the Contract. Upon request by DIR, Vendor shall
provide DIR with a detailed report of a representative sample of products sold under the
�._ Contract. The report shall contain: product part number, product description, list price, price
to Customer under the Contract, and pricing from three (3) alternative sources under which
DIR customers can procure the products.
8. Pricing, Purchase Orders, Invoices, and Payments
A. Manufacturer'sSuggestedRetaiIPrice(MSRP) orList Price
MSRP is defined as the product sales price list published in some form by the
manufacturer or publisher of a product and available to and recognized by the trade. A
price list especially prepared for a given solicitation is not acceptable.
B. Customer Discount
The mitumum Customer discount for all products and services will be the percentage
off MSRP as specified in Appendix C, Pricing Index.
C. Customer Price
1) The price to the Customer shall be calculated as follows:
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(c) Vendor acknowledges that certain Government Entity Customers are exempt from
state sales, use and excise taxes, Section 151.309, Texas Tax Code, and Federal Excise
Tax, 26 USC Sections 4253 (i) and 0). Vendor further acknowledges that State agency
Customers are exempt from the assessment and collection of sales taxes imposed by
political subdivisions of the State. See Sections 321.208 (municipalities) and 323.207
(counties), Texas Tax Code. The Government Entity Customers shall issue a tax
exemption certificate upon request to Vendor. Vendor acknowledges that DIR makes
no representation about the exemption status of any Customers that are assistance
organizations, as defined in Section 2175.001, Texas Government Code or certain
private institutions of higher education under Section 2170.004 (5), Texas Government
Code. Vendor must request and receive any exemption certificates that may apply from
each such organization directly.
E. Other Fees
Vendor acknowledges all activation fees and termination fees, including early
termination fees, are waived for all Customers.
F. Back -billing
Prices to Customers for Services inadvertently left off previous invoices by the
Vendor may be back -billed no more than 120 calendar days for usage. Pursuant to
PUC Rule 26.27, a six-month limit from the date of discovery of an error applies to
back -billing of all billed Services. Back -billing shall be included in the Adjustments.
For purposes of this paragraph, a billing Adjustment is as modification or correction
of a billing amount or an element of a Service.
G. DIR Cost Recovery Fee
The DIR Cost Recovery Fee (CRF) is authorized by Chapter 2170, Texas Government
Code, and DIR has the discretion to set the rate of the CRF to recover its costs in
accordance with the statute. The initial rate for the CRF is set forth in Section 5
Contract. The DIR CRF specified in Section 5 of the Contract shall not be broken out
as a separate line item when pricing or invoice is provided to Customer.
H. Shipping and Handling Fees
The price to the Customer under this Contract shall include all shipping and handling
fees. Shipments will be Free On Board Customer's Destination. No additional fees shall
be charged to the Customer for standard shipping and handling. If the Customer
requests expedited or special delivery, Customer will be responsible for any charges
for expedited or special delivery.
I. Tax -Exempt
As per Section 151.309, Texas Tax Code, Customers under this Contract are exempt
from the assessment of State sales, use and excise taxes. Further, Customers under this
Contract are exempt from Federal Excise Taxes, 26 United States Code Sections
4253(i) and 0).
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2) Invoices must be timely and accurate. Each invoice must match Customer's Purchase
Order and include any written changes that may apply, as it relates to products, prices
and quantities. Invoices must include the Customer's Purchase Order number or other
pertinent information for verification of receipt of the product or services by the
Customer.
3) The administrative fee as set forth in the Contract shall not be broken out as a
separate line item when pricing or invoice is provided to Customer.
N. Payments
Customers shall comply with Chapter 2251, Texas Government Code, in making
payments to Order Fulfiller. The statute states that payments for goods and services are
due thirty (30) calendar days after the goods are provided, the services completed, or a
correct invoice is received, whichever is later. Payment under the Contract shall not
foreclose the right to recover wrongful payments.
9. Contract Administration
A. Contract Managers
DIR and the Vendor will each provide a Contract Manager to support the Contract.
Information regarding the Contract Manager will be posted on the Internet website
designated for the Contract.
1) State Contract Manager
DIR shall provide a Contract Manager whose duties shall include but not be limited to:
i) advising DIR and Vendor of Vendor's compliance with the terms and conditions of
the Contract, ii) periodic verification of product pricing, and iii) verification of monthly
reports submitted by Vendor.
2) Vendor Contract Manager
Vendor.shall.provide a dedicated Contract Manager whose duties shall include but not
be limited to: i) supporting the marketing and management of the Contract, ii)
facilitating dispute resolution between a Order Fulfiller and a Customer, and iii)
advising DIR of Order Fulfillers performance under the terms and conditions of the
Contract. DIR reserves the right to require a change in Vendor's then -current Contract
Manager if the assigned Contract Manager is not, in the reasonable opinion of DIR,
adequately serving the needs of the State.
B. Reporting and Administrative Fees
1) Reporting Responsibility
a) Vendor shall be responsible for reporting all products and services purchased
through Order Fulfillers under the Contract. Vendor shall file the monthly reports,
subcontract reports, and pay the administrative fees in accordance with the due
dates specified in this section.
b) DIR shall have the right to verify required reports and to take any actions
necessary to enforce its rights under this section, including but not limited to
compliance checks of Vendor's applicable Contract books at DIR's expense.
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as specified in C.3 of this Section, at DIR's expense.
c) Failure to timely submit three (3) reports or administrative fee payments within
any rolling twelve (12) month period may, at DIR's discretion, result in the addition
of late fees of $100/day for each day the report or payment is due (up to
$1000/month) or suspension or termination of Vendor's Contract.
C. Records and Audit
1) Acceptance of funds under the Contract by Vendor and/or Order Fulfiller acts as
acceptance of the authority of the State Auditor's Office, or any successor agency or
designee, to conduct an audit or investigation in connection with those funds. Vendor
further agrees to cooperate fully with the State Auditor's Office or its successor or
designee in the conduct of the audit or investigation, including providing all records
requested. Vendor will ensure that this clause concerning the authority to audit funds
received indirectly by subcontractors through Vendor or directly by Order Fulfillers
and the requirement to cooperate is included in any subcontract or Order Fulfiller
contract it awards pertaining to the Contract. Under the direction of the Legislative
Audit Committee, a Vendor that is the subject of an audit or investigation by the State
Auditor's Office must provide the State Auditor's Office with access to any
information the State Auditor's Office considers relevant to the investigation or audit.
2) Vendor and Order Fulfillers shall maintain adequate records to establish
compliance with the Contract until the later of a period of seven (7) years after
termination of the Contract or until full, final and unappealable resolution of all
Compliance Check or litigation issues that arise under the Contract. Such records shall
include per transaction: the Order Fulfiller's company name if applicable, Customer
name, invoice date, invoice number, description, part number, manufacturer, quantity,
MSRP or list price, unit price, extended price, Customer Purchase Order number,
contact name, Customer's complete billing address, the calculations supporting each
administrative fee owed DTR under the Contract, Historically Underutilized
Businesses Subcontracting reports, and such other documentation as DIR may request.
3) Vendor and/or Order Fulfillers shall grant access to all paper and electronic records,
books, documents, accounting procedures, practices and any other items relevant to the
performance of the Contract to the DLR Internal Audit department or DIR Contract
Management staff, including the compliance checks designated by the DIR Internal
Audit department, DIR Contract Management staff, the State Auditor's Office, and of
the United States, and such other persons or entities designated by DIR for the purposes
of inspecting, Compliance Checking and/or copying such books and records. Vendor
and/or Order Fulfillers shall provide copies and printouts requested by DIR without
charge. DIR shall provide Vendor and/or Order Fulfillers ten (10) business days' notice
prior to inspecting, Compliance Checking, and/or copying Vendor's and/or Order
Fulfiller's records. Vendor's and/or Order Fulfillers records, whether paper or
electronic, shall be made available during regular office hours. Vendor and/or Order
Fulfiller personnel familiar with the Vendor's and/or Order Fulfiller's books and
records shall be available to the DIR Internal Audit department, or DIR Contract
Management staff and designees as needed. Vendor and/or Order Fulfiller shall
provide adequate office space to DIR staff during the performance of Compliance
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i
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Standard Terms and Conditions For Product and Related Services Contracts
a) Vendor shall indemnify and hold harmless the State of Texas and Customers,
AND/OR THEIR EMPLOYEES, AGENTS, REPRESENTATIVES,
CONTRACTORS, ASSIGNEES, AND/OR DESIGNEES from any and all third
party claims involving infringement of United States patents, copyrights, trade and
service marks, and any other intellectual or intangible property rights in connection
with the PERFORMANCES OR ACTIONS OF VENDOR PURSUANT TO THIS
CONTRACT. VENDOR AND THE CUSTOMER AGREE TO FURNISH
TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY SUCH CLAIM.
VENDOR SHALL BE LIABLE TO PAY ALL COSTS OF DEFENSE
INCLUDING ATTORNEYS' FEES. THE DEFENSE SHALL BE
COORDINATED BY VENDOR WITH THE OFFICE OF THE ATTORNEY
GENERAL WHEN TEXAS STATE AGENCIES ARE NAMED DEFENDANTS
IN ANY LAWSUIT AND VENDOR MAY NOT AGREE TO ANY
SETTLEMENT WITHOUT FIRST OBTAINING THE CONCURRENCE FROM
THE OFFICE OF THE ATTORNEY GENERAL.
b) Vendor shall have no liability under this section if the alleged infringement is
caused in whole or in part by: (i) use of the product or service for a purpose or in a
manner for which the product or service was not designed, (ii) any modification
made to the product without Vendor's written approval, (iii) any modifications
made to the product by the Vendor pursuant to Customer's specific instructions,
(iv) any intellectual property right owned by or licensed to Customer, or (v) any
use of the product or service by Customer that is not in conformity with the terms
of any applicable license agreement.
c) If Vendor becomes aware of an actual or potential claim, or Customer provides
Vendor with notice of an actual or potential claim, Vendor may (or in the case of
an injunction against Customer, shall), at Vendor's sole option and expense: (i)
procure for the Customer the right to continue to use the affected portion of the
product or service, or (ii) modify or replace the affected portion of the product or
service with functionally equivalent or superior product or service so that
Customer's use is non -infringing.
B. Taxes/Worke'sCompensation/UNEMPLOYMENT INSURANCE
1) VENDOR AGREES AND ACKNOWLEDGES THAT DURING THE
EXISTENCE OF THIS CONTRACT, VENDOR SHALL BE ENTIRELY
RESPONSIBLE FOR THE LIABILITY AND PAYMENT OF VENDOR'S AND
VENDOR'S EMPLOYEES' TAXES OF WHATEVER KIND, ARISING OUT OF
THE PERFORMANCES IN THIS CONTRACT. VENDOR AGREES TO COMPLY
WITH ALL STATE AND FEDERAL LAWS APPLICABLE TO ANY SUCH
PERSONS, INCLUDING LAWS REGARDING WAGES, TAXES, INSURANCE,
AND WORKERS' COMPENSATION. THE CUSTOMER AND/OR THE STATE
SHALL NOT BE LIABLE TO TFIE VENDOR, ITS EMPLOYEES, AGENTS, OR
OTHERS FOR THE PAYMENT OF TAXES OR THE PROVISION OF
UNEMPLOYMENT INSURANCE AND/OR WORKERS' COMPENSATION OR
ANY BENEFIT AVAILABLE TO A STATE EMPLOYEE OR EMPLOYEE OF
ANOTHER GOVERNMENTAL ENTITY CUSTOMER.
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Standard Terms and Conditions For Product and Related Services Contracts
(SAM) maintained by the General Services Administration;
(viii) as of the effective date of the Contract, are not listed in the prohibited
vendors list authorized by Executive Order#13224, "Blocking Property and
Prohibiting Transactions with Persons Who Commit, Threaten to Commit,
or SSipport Terrorise" , published by the United States Department of the
Treasury, Office of Foreign Assets Control;
(ix) to the extent applicable to this scope of this Contract, Vendor hereby
certifies that it is in compliance with Subchapter Y, Chapter 361, Health
and Safety Code related to the Computer Equipment Recycling Program
and its rules, 30 TAC Chapter 328;
(x) agree that any payments due under this contract will be applied towards any
debt, including but not limited to delinquent taxes and child support that is
owed to the State of Texas;
(xi) are in compliance Section 669.003, Texas Government Code, relating to
contracting with executive head of a state agency;
(xii) have identified all current or former, within the last five years, employees
of the State assigned to work on the DIR Contract 20% or more of their time
and have disclosed them to DIR and have disclosed or do not employ any
relative of a current or former state employee within two degrees of
consanguinity, and, if these facts change during the course of the Contract,
certify they shall disclose the name and other pertinent information about
the employment of current and former employees and their relatives within
two degrees of consanguinity;
(xiii) represent and warrant that the provision of goods and services or other
performance under the Contract will not constitute an actual or potential
conflict of interest and certify that they will not reasonably create the
appearance of impropriety, and, if these facts change during the course of
the Contract, certify they shall disclose the actual or potential conflict of
interest and any circumstances that create the appearance of impropriety;
(xiv) under Section 2155.006, Government Code, are not ineligible to receive
the specified contract and acknowledge that this contract may be terminated
and payment withheld if this certification is inaccurate;
(xv) have complied with the Section 556.0055, Texas Government Code,
restriction on lobbying expenditures. In addition, they acknowledge the
applicability of §2155.444 and §2155.4441, Texas Government Code, in
fulfilling the terms of the Contract; and
(xvi) represent and warrant that the Customer's payment and their receipt of
appropriated or other funds under this Agreement are not prohibited by
Sections 556.005 or Section 556.008, Texas Government Code.
During the term of the Contract, Vendor shall, for itself and on behalf of its Order
Fulfillers, promptly disclose to DIR all changes that occur to the foregoing
certifications, representations and warranties. Vendor covenants to fully cooperate
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Standard Terms and Conditions For Product and Related Services Contracts
government agencies subject to the Texas Public Information Act. Vendor also
acknowledges that DIR and Customers that are state agencies will comply with the
Public Information Act, and with all opinions of the Texas Attorney General's office
concerning this Act.
2) Under the terms of the Contract, DIR may provide Vendor with information related
to Customers. Vendor shall not re -sell or otherwise distribute or release Customer
information to any party in any manner.
I. Security of Premises, Equipment, Data and Personnel
Vendor and/or Order Fulfiller may, from time to time during the performance of the
Contract, have access to the personnel, premises, equipment, and other property, including
data, files and /or materials (collectively referred.to as "Data") belonging to the Customer.
Vendor and/or Order Fulfiller shall use their best efforts to preserve the safety, security,
and the integrity of the personnel, premises, equipment, Data and other property of the
Customer, in accordance with the instruction of the Customer. Vendor and/or Order
Fulfiller shall be responsible for damage to Customer's equipment, workplace, and its
contents when such damage is caused by its employees or subcontractors. If a Vendor
and/or Order Fulfiller fails to comply with Customer's security requirements, then
Customer may immediately terminate its Purchase Order and related Service Agreement.
J. Background and/or Criminal History Investigation
Prior to commencement of any services, background and/or criminal history investigation
of the Vendor and/or Order Fulfiller's employees and subcontractors who will be providing
services to the Customer under the Contract may be performed by certain Customers
having legislative authority to require such investigations. Should any employee or
subcontractor of the Vendor and/or Order Fulfiller who will be providing services to the
Customer under the Contract not be acceptable to the Customer as a result of the
background and/or criminal history check, then Customer may immediately terminate its
Purchase Order and related Service Agreement or request replacement of the employee or
subcontractor in question.
K. Limitation of Liability
For any claim or cause of action arising under or related to the Contract: i) to the extent
permitted by the Constitution and the laws of the State, none of the parties shall be liable
to the other for punitive, special, or consequential damages, even if it is advised of the
possibility of such damages; and ii) Vendor's liability for damages of any kind to the
Customer shall be limited to the total amount paid to Vendor under the Contract during the
twelve months immediately preceding the accrual of the claim or cause of
action. However, this limitation of Vendor's liability shall not apply to claims of bodily
injury; violation of intellectual property rights including but not limited to patent,
trademark, or copyright infringement; indemnification requirements under this Contract;
and violation of State or Federal law including but not limited to disclosures of confidential
information and any penalty of any kind lawfully assessed as a result of such violation.
L. Overcharges
Vendor hereby assigns to DIR any and all of its claims for overcharges associated with this
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Standard Terms and Conditions For Product and Related Services Contracts
WORKERS COMPENSATION INSURANCE AND EMPLOYERS
LIABILITY COVERAGE MUST INCLUDE LIMITS CONSISTENT WITH
STATUTORY BENEFITS OUTLINED IN THE TEXAS WORKERS
COMPENSATION ACT (ART. 8308-1.01 ET SEQ. TEX. REV. CIV. STAT) AND
MINIMUM POLICY LIMITS FOR EMPLOYERS L I ABILITY OF $1,000,000
BODILY INJURY PER ACCIDENT, $1,000,000 BODILY INJURY DISEASE
POLICY LIMIT AND $1,000,000 PER DISEASE PER EMPLOYEE.
3) Business Automobile Liability Insurance
Business Automobile Liability Insurance must cover all owned, non -owned and hired
vehicles with a minimum combined single limit of $500,000 per occurrence for bodily
injury and property damage. Alternative acceptable limits are $250,000 bodily injury
per person, $500,000 bodily injury per occurrence and at least $100,000 property
damage liability per accident. The policy shall contain the following endorsements in
favor of DIR and/or Customer:
a) Waiver of Subrogation;
b) 30 -day Notice of Termination; and
c) Additional Insured.
O. Use of State Property
Vendor is prohibited from using the Customer's equipment, the customer's location, or any
other resources of the Customer or the State for any purpose other than performing services
under this Agreement. For this purpose, equipment includes, but is not limited to, copy
machines, computers and telephones using State long distance services. Any charges
incurred by Vendor using the Customer's equipment for any purpose other than performing
services under this Agreement must be fully reimbursed by Vendor to the Customer
immediately upon demand by the Customer. Such use shall constitute breach of contract
and may result in termination of the contract and other remedies available to DIR and
Customer under the contract and applicable law.
P. Immigration
The Vendor shall comply with all requirements related to federal immigration laws and
regulations, to include but not be limited to, the Immigration and Reform Act of 1986, the
Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ("IIRIRA") and the
Immigration Act of 1990 (8 U.S.C.I101, et seq.) regarding employment verification and
retention of verification forms for any individual(s) who will perform any labor or services
under this Contract.
The Vendor shall require its subcontractors to comply with the requirements of this Section
and the Vendor is responsible for the compliance of its subcontractors. Nothing herein is
intended to exclude compliance by Vendor and its subcontractors with all other relevant
federal immigration statutes and regulations promulgated pursuant thereto.
Pursuant to Executive Order No. RP -80, issued by the Governor of Texas on December 3,
2014, the Contractor shall, as a condition of this Contract, also comply with the United
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relevant provisions thereof, including any amendments to the final rule that may hereafter
be issued.
V. Accessiblity of Public Information
1) Pursuant to S.B. 1368 of the 83`d Texas Legislature, Regular Session, Vendor is
required to make any information created or exchanged with the State pursuant to this
Contract, and not otherwise excepted from disclosure under the Texas Public
Information Act, available in a format that is accessible by the public at no additional
charge to the State.
2) Each State government entity should supplement the provision set forth in Subsection
1, above, with the additional terms agreed upon by the parties regarding the specific
format by which the Vendor is required to make the information accessible by the public.
W. Vendor Reporting Requirements
Vendor shall comply with Subtitle C, Title 5, Business & Commerce Code, Chapter 109 as
added by HB 2539 of the 83`d Texas Legislature, Regular Session, requiring computer
technicians to report images of child pornography.
Contract Enforcement
A. Enforcement of Contract and Dispute Resolution
1) Vendor and DIR agree to the following: (i) a party's failure to require strict
performance of any provision of the Contract shall not waive or diminish that party's
right thereafter to demand strict compliance with that or any other provision, (ii) for
disputes not resolved in the normal course of business, the dispute resolution process
provided for in Chapter 2260, Texas Government Code, shall be used, and (iii) actions
or proceedings arising from the Contract shall be heard in a state court of competent
jurisdiction in Travis County, Texas.
2) Disputes .arising between a Customer and the . Vendor shall be resolved in
accordance with the dispute resolution process of the Customer that is not inconsistent
with subparagraph A.1 above. DIR shall not be a party to any such dispute unless DIR,
Customer, and Vendor agree in writing.
3) State agencies are required by rule (34 TAC §20.108(b)) to report vendor
performance through the Vendor Performance Tracking System (VPTS) on every
purchase over $25,000.
B. Termination
1) Termination for Non -Appropriation
a) Termination for Non -Appropriation by Customer
Customer may terminate Purchase Orders if funds sufficient to pay its obligations
under the Contract are not appropriated: i) by the governing body on behalf of local
governments; ii) by the Texas legislature on behalf of state agencies; or iii) by
budget execution authority provisioned to the Governor or the Legislative Budget
Board as provided in Chapter 317, Texas Government Code. In the event of non -
appropriation, Vendor and/or Order Fulfiller will be provided ten (10) calendar
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Standard Terms and Conditions For Product and Related Services Contracts
dispute; second, after complying with Chapter 2260, Texas Government Code, and
the dispute remains unresolved, then the non -defaulting party shall give the
defaulting party thirty (30) calendar days from receipt of notice to cure said default.
If the defaulting party fails to cure said default within the timeframe allowed, the
non -defaulting party may, at its option and in addition to any other remedies it may
have available, cancel and terminate the Contract. Customers purchasing products
or services under the Contract have no power to terminate the Contract for default.
h) Purchase Order
Customer or Order Fulfiller may terminate a Purchase Order upon the occurrence
of a material breach of any term or condition: (i) of the Contract, or (ii) included in
the Purchase Order in accordance with Section 4.13.2 above, upon the following
preconditions: first, the parties must comply with the requirements of Chapter 2260,
Texas Government Code, in an attempt to resolve a dispute; second, after
complying with Chapter 2260, Texas Government Code, and the dispute remains
unresolved, then the non -defaulting party shall give the defaulting party thirty (30)
calendar days from receipt of notice to cure said default. If the defaulting party fails
to cure said default within the timeframe allowed, the non -defaulting party may, at
its option and in addition to any other remedies it may have available, cancel and
terminate the Purchase Order.
5) Customer Rights Under Termination
In the event the Contract expires or is terminated for any reason, a Customer shall retain
its rights under the Contract and the Purchase Order issued prior to the termination or
expiration of the Contract. The Purchase Order survives the expiration or termination
of the Contract for its then effective term.
6) Vendor or Order Fulfiller Rights Under Termination
In the event a Purchase Order expires or is terminated, a Customer shall pay: 1) all
amounts due for products or services ordered prior to the effective ternination date and
ultimately accepted, and 2) any applicable early termination fees agreed to in such
Purchase Order.
C. Force Majeure
DIR, Customer, or Order Fulfiller may be excused from performance under the Contract
for any period when performance is prevented as the result of an act of God, strike, war,
civil disturbance, epidemic, or court order, provided that the party experiencing the event
of Force Majeure has prudently and promptly acted to take any and all steps that are within
the party's control to ensure performance and to shorten the duration of the event of Force
Majeure. The party suffering an event of Force Majeure shall provide notice of the event
to the other parties when commercially reasonable. Subject to this provision, such non-
performance shall not be deemed a default or a ground for termination. However, a
Customer may terminate a Purchase Order if it is determined by the Customer that Order
Fulfiller will not be able to deliver product or services in a timely manner to meet the
business needs of the Customer.
Notification
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��PK HUB Subcontracting Plan (HSP)
9
QUICK CHECKLIST
While this HSP Quick Checklist is being provided to merely assist you in readily identifying the sections of the HSP form that you will need to
complete, it is very important that you adhere to the instructions In the HSP form and instructions provided by the contracting agency.
If you will be awarding all of the subcontracting work you have to offer under the contract to only Texas certified HUB vendors, complete:
❑ Section 1- Respondent and Requisition Information
❑ Section 2 a. - Yes, I will be subcontracting portions of the contract.
❑ Section 2 b. - List all the portions of work you will subcontracl, and indicate the percentage of the contract you expect to award to Texas certified HUB vendors.
❑ Secbon2c.-Yes
❑ Secfon4-Affirmation
❑ GFE Method A (Attachment A) - Complete an Attachment A for each of the subcontracting opportunities you listed in Section 2 b.
)I� If you will be subcontracting any portion of the contract to Texas certified HUB vendors and Non -HUB vendors, and the aggregate
percentage of all the subcontracting work you will be awarding to the Texas certified HUB vendors with which you do not have a
continuous co ac in place for more than five (5) years meets or exceeds the HUB Goal the contracting agency identified In the
"Agency Special Instructions/Additional Requirements", complete:
❑ Section 1 -Respondent and Requisition Information
❑ Section 2 a. - Yes, I vlill be subcontracting portions of the contract.
❑ Section 2 b. - List all the potions of work you will subcontract, and indicate the percentage of the contract you expect to award to Texas certified HUB vendors
and Non -HUB vendors.
❑ Section 2 c. - No
❑ Section 2d. -Yes
❑
Section 4 -Affirmation
❑ GFE Method A (Attachment A) - Complete an Attachment A for each of the subcontracting opportunities you listed in Soclion 2 b.
1 If you will be subcontracting any portion of the contract to Texas certified HUB vendors and Non -HUB vendors or only to Non -HUB
vendors, and the aggregate percentage of all the subcontracting work you will be awarding to the Texas certified HUB vendors with
which you do not have a continuous contracP in place for more than five (5) years does not meet or exceed the HUB Goal the
contracting agency identified in the "Agency Special Instructions/Additional Requirements", complete:
❑ Section 1- Respondent and Requisition Information
❑ Section 2 a. - Yes, I will be subcontracting portions of the contract.
❑ Section 2 b. - List all the portions of work you will subcontract, and indicate the percentage of the contractyou expect to award to Texas certified HUB vendors
and Non -HUB vendors.
❑ Section 2 c. - No
❑ Section 2d. -No
❑
Section 4 -Affirmation
❑ GFE Method B (Attachment B) - Complete an Attachment B for each of the subcontracting opportunities you listed in Section 2 b.
If you will not be subcontracting any portion of the contract and will be fulfilling the entire contract with your own resources (i.e., employees,
supplies, materials and/or equipment, including transportation and delivery, complete:
El Section 1- Respondent and Requisition Information
El Section 2 a. - No, I will not be subcontracting any portion of the contract, and I will be fulfilling the entire contract with my own resources.
El Section 3- Self Performing Justification
El Section 4 -Affirmation
'Continuous Contract: Any existing written agreement (including any renewals that are exercised) between a prime contractor and a HUB vendor,
where the HUB vendor provides the prime contractor with goods or service, to Include transportation and delivery under the same contract for a
specified period of time. The frequency the HUB vendor is utilized or paid during the term of the contract is not relevant to whether the contract is
considered continuous. Two or more contracts that run concurrently or overlap one another for different periods of time are considered by CPA to
be individual contracts rather than renewals or extensions to the original contract. In such situations the prime contractor and HUB vendor are
entering (have entered) into "new" contracts.
vol
Rev. 0911s
Enter your company's name here: Calico Partnership d/b/a Verizon Wireless Requisition #: DIR-DIR-TSO-TMP-234
RESPONDENTS SUBCONTRACTING INTENTIONS -
After dividing the contract work into reasonable lots or portions to the extent consistent with prudent industry practices, and taking into consideration the scope of work
to be performed under the proposed contract, including all potential subcontracting opportunities, the respondent must determine what portions of work, including
contracted staffing, goods, services, transportation and delivery will be subcontracted. Note: In accordance with 34 TAC §20.11., a `Subcontractor' means a
person who contracts with a prime contractor to work, to supply commodities, onto contribute toward completing work for a govemmental entity.
a. Check the appropriate box (Yes or No) that identifies your subcontracting intentions:
❑ - Yes, I will be subcontracting portions of the contract. (If Yes, complete Item b of this SECTION and continue to Item c of this SECTION.)
O - No, I will not be subcontracBng any portion of the contract, and I will be fulfilling the entire contract with my own resources, including employees, goods,
services, transportation and delivery. (If No, continue to SECTION 3 and SECTION 4.)
Is. List all the portions of work (subcontracting opportunities) you will subcontract. Also, based on the total value of the contract, identify the percentages of the contract
you expect to award to Texas certified HUBS, and the percentage of the contract you expect to award to vendors that are not a Texas certified HUB (i.e., Non -HUB).
Item p
escrP
SubcontractingOpportunity Di tion
HUBS
Non -HUBS
Percentage ofthe contract
expected to be subcontracted to
HU Be with which you do not have
annnuouscontracf In place
a far More than five IS vae
Percentage oftbe contract
expected to be subcontracted to
HUBS wIth witch you have a
ontihuous contracr In place for
r than lrr (w�nrs.
Peonage al 0e canted
expeded to be subconanded
to ncoHUBs
1
%
%
%
2
%
%
3
%
%
4
%
5
%
%
%
6
7
%
%
%
S
%
%
%
9
%
%
%
0
1
12
%
13
%
%
%
14
%
%
%
15
%
%
%
Aggregate percentages of the contract expected to be subcontracted:
%
%
(Note: If you have more than fifteen subcontracting opportunities, a continuation sheet is available online at htto:Nwindow.state.tx.uslorocuremengprogmublhub-subcontracting-olanfl.
c. Check the appropriate box (Yes or No) that indicates whether you will be using only Texas certified HUBS to perform all of the subcontracting opportunities
you listed in SECTION 2, Item Is
❑ - Yes (If Yes, continue to SECTION 4 and complete an "HSP Good Faith Effort -Method A (Attachment A)" for each of the subcontracting opportunities you listed.)
- No (If No, continue to Item d, of this SECTION.)
d. Check the appropriate box (Yes or No) that indicates whether the aggregate expected percentage of the contract you will subcontract with Texas certified HUBS
with which you do not have a continuous contract' in place with for more than five (5) years, meets or exceeds the HUB goal the contracting agency
identified on page i in the "Agency Special Instructions/Additional Requirements.'
❑ - Yes (If Yes, continue to SECTION 4 and complete an "HSP Good Faith Effort - Method A (Attachment A)" for each of the subcontracting opportunities you listed.)
- No (If No, continue to SECTION 4 and complete an "HSP Good Faith Effort- Method B (Attachment B)" for each of the subcontracting opportunities you listed.)
'Continuous Contract: Any existing written agreement (including any renewals that are exercised) between a prime contractor and a HUB vendor,
I here the HUB vendor provides the prime contractor with goods or service, to include transportation and tlelivery under the same contract for a
specified period of time. The frequency the HUB vendor is utilized or paid during the term of the contract is not relevant to whether the contract is
considered continuous. Two or more contracts that run concurrently or overlap one another for different periods of time are considered by CPA to
be individual contracts rather than renewals or extensions to the original contract. In such situations the prime contracfor and HUB vendor are
entering (have entered) Into "new" contracts -
1
acv. 09n5
Enter your company's name here: Cellco Partnership d/b/a Verizon Wireless Requisition #: 2IR-DIR-TSO-TMP-234
SELF PERFORMING JUSTIFICATION (Ir you reworded 'No* na SECTION 2, Items, you muatcomplete IMa SECTION and continue to SECTION 4.)
K you nrspondec Tb" to SECTION 2, Item a in the space provided brio ve 0ain havyoucoxrpamywill pefammthe entire contract vvth is aur errpoyees, srglplies,
medals ardor raandpmant, to indole traspatalim and delivery.
Verizon Wireless has not identified subcontracting opportunities and will directly provide all goods
and services at this time. Verizon Wireless will provide best efforts to ensure diverse suppliers have
the maximum opportunity to compete for subcontracting work as those opportunities become
available. Verizon Wireless is committed to integrating diverse suppliers into our supply chain, and
we believe including MWDVBEs in our procurement process enables us to provide the most
innovative, highest quality products and services to the diverse communities we serve.
Verizon has the capability to provide reports that document our spending with diverse suppliers.
Reports are released approximately 60 days after each calendar quarter.
AFFIRMATION
As evidenced by my signature below, I affirm that I am an authorized representative of the respondent listed in SECTION 1, and that the information and
supporting documentation submitted with the HSP is We and correct. Respondent understands and agrees that, .. awarded any porhon of the requisition:
• The respondent will provide notice as soon as practical to all the subcontractors (HUBS and Non -HUBS) of their selection as a subcontractor for the awarded
contract. The notice must specify at a minimum the contracting agency's name and its point of contact for the contract, the contract award number, the
subcontracting opportunity they (the subcontractor) will perform, the approximate dollar value of the subcontracting opportunity and the expected percentage of
the total contract that the subcontracting opportunity represents. A copy of the notice required by this section must also be provided to the contracting agency's
point of contact for the contract no later than ten (101 working days after the contract is awarded.
• The respondent mist sulxrit nnrtHy compliance reports (Pian= Contractor Progress Assessment Report — PAR) to the contracting agcy, vedfying its
compliance with the HSP, including the use of and expenditures made to its subcontractors (HUBS and Non -HUBS). (The PAR is available at
hitp'f/www window state tx us/procurement/proglhubthub forms/orooressassessmentmt xis).
• The respordent nust seek approval from the contracting agency pea to n-darg any modifications to its WP, including the hiring of additional or different
subcontractors and the termination of a subcontractor the respondent Identified in its HSP. If the HSP is modified without the contracting agency's prior approval,
respondent may be subject to any and all enforcement remedies available under the contract or otherwise available by law, up to and including debarment from all
state contracting.
• The respondent must, upon request, allow the contracting agency to perform on-site reviews of the companys headquarters and/or work -site where services
are bang perfonred and mat provide documentation regarding staffing and diner resources.
signature on file
Signature
Todd Loccisano Executive 01/19/2016
Director
Tele
Printed Name
Date
(.nmddlyrw)
Reminder:
If you responded 'Yes' to SECTION 2, Items c or d, you must complete an "HSP Good Faith Effort - Method A (Attachment A)' for each of
the subcontracting opportunities you listed in SECTION 2, Item It.
If you responded "No' SECTION 2, Items c and d, you must complete an "HSP Good Faith Effort - Method B (Attachment B)" for each of
the subcontracting opportunities you listed in SECTION 2, Item b.
— -3-
HSP Good Faith Effort - Method B (Attachment B)
Re, 99115
Enteryour arrparysn9rrehere. Cellon Partnership d/b/a Verizon Wireless Requisition#. DIR-DIR-TSO-TMP-234
IMPORTANT: If you responded "No" to SECTION 2, Items c and d of the con-peted HSP form, you mst silxrit a competed "FISP Good Faith E fe -
MethodB(Atabnent By for each of line subcontracting opportunities you listed in SECTION 2, Item b oflheconrpeted FSPform YourreypWooaths
page ordwdoadthe formal htto/AmrdaystatetKLr4=cLyarerYpmbubfhub-fomsrhubsbm"arp d&,dn)-b(rJf.
�-- SUBCONTRACTING OPPORTUNITY
Enter the item number and description of the subcontracting opportunity you listed in SECNCN 2, item b, of the oorrpleted FISPfonn for wdhidl you are oxrpleling
the atlafrrenl.
Item Number:_ Description:
CJ MENTOR PROTEGE PROGRAM
If respondent is patidp'aUng as a Mentor in a State of Texas Mentor Protege Program subrrittiog its Protege (Protege and be a State of Texas certified FLA) as a
submntracler to perform Ude sucoontral oppertuarty, listed in SECTION B-1, constitutes a good faith effort to s bootact With a Texas certified MA towards that
5poci(ie portion of work
Chert Ude appoprtate box (Yes or No) that indicates whdha you W 1 be submntraling Ute portion of work you listed in SECNCN B-1 to yea Protege.
❑-Yes(ffYes, tocontinul-4.)
0 • No / Not Applicable (If No or Not Applicable, continue to SECTION B-3 and SECTICN B-4.)
NOTIFICATION OF SUBCONTRACTING OPPORTUNITY
V�terh carpeting this sermon ym "-�)7 oorrply Wth iters a. b. c and d, Uhaeby derostradi g your Good Faith Effort of hang notified Teas certified Fl.as aid
trade organizations or development antes about the subcontracting opportunity you listed in SECTICN 13-1. Your notice shcuo include the scope of work,
Information regarding the location to re w qas and speifications, bmdlrg and insurance requirements, required qualifications, and ida-dify a correct person.
Nt>ern sax5ng notice of your subcontracting opportunity, you are encouraged to use the attached HUB Subcontracting Opportunity Notice form which is also amiable
online at Mho•/hwwv.Wrido vstatetxLrl oro2omonlloroancLk/+ub'subopdra3ire-der,.
Retain supporting doarrenlatim (i.e., certified letter, fay, erred) demonstrating erdalce of yuur good faith effort to noify the Texas oe ified h1..Es andI trade
organizations or devdopmernt alders. Aso, be mindful that a worWg day is considered a normal business day of a stale agel not inrJudiirg weeltends, federal or
state holidays, or days the agency is declared dosed by its Exeutive officer. The ldbai day the srbcortracttg opportunity notice is sent/provided to the H -Bs g!]d to
the trade organizabors or development centers is considered to be "day zero' and coal not Count as onecf the seven (7) worlting days.
a. Provide written notification of the subcontracting opportunity you listed in SECTICN B-1, to three (3) or we Texas artifed l t Mess the Contracting agency
specified a differed time period, you mat allow the FLA. at least satchel (7) worldrigdays to respond to the notice pior to your submitting your bd response to the
contracting agency- Natant searching for Teas oWed HUBS and verifying doer FLA stats, ensure that you use the State of Texas Certralaed Master Bdders
List (GAT) - Historically Lhxiettilized mess (FLA) Dretory Search located at fl( WZal6ma col tzrsr cies nrf lseffdYJ dex icn. FLA stats aide "A"
signifies that the oenpary is a Texas certified FLA.
b. List the I hr e 3 Texas certified HUBS you nofified regarding the subaxttractig opportunity you listed in SECTICN B-1. Induce the Carl Text Verde(
Identificatm (MD) Number, the date you sell notice to that cxorrparry, and ird'uate WfiAher it was responsive or norrrespo sive to yoursuboxrtradirg
opportunity rice.
Company Name Texas VIE) Date Notice Sent Did the HUB Respond?
(Do mar emersoall secn,4y NumEcrs.� lnmraaNrvrl
C] -Yes - No
I] -Yes -No
D -Yes D -No
1- ru• n1• • I••• • • -1• • a•• •a
•\ •1 • ••'C • \O •' •11 I •• • 11•• • • 1 • IG ♦Ii • �\ ••••1 -•1 • - •C• C•
1 1. •1• J11••••I 1111 •••11.1 •1••1 .1••1: ✓1•••.1• 1.
1-111 •I • ••11.111- �•I •1 •1. ', •l •• -�• f(iJVy. GI•Si11} ♦�•
d. Uel two (2 trade organizations or development centers you notified regarding the subcontracting opportunity you listed in SECTION B-1.Indudethe date
When you sent ratite to d and indcate if it accepted or rejected your notice.
Trade Organizations or Development Centers Date Notice Sent Was the Notice Accepted?'
Imm aervrvvl
❑-Yes No
D -Yes D -No
Page 1 of 2
�_.,._._...(Attac/himent,B)_.._., -.-
HUB Subcontracting Opportunity Notification Form0""
In accordance wth Texas Gott Code, Gapter 2161, each state icy 9 d mrsiders etteirg into a mntred kith an expected value of $160,000 a more shall, before the
agency solicits bids, propsals, offers, or other applicable egressicrs of interest delarrine W)&x- suhwntrali g oppatunties are potetle Mader fie coma The state
agency I have identified below in Section B has detenired tot s,hmrmaodrg opportunities are potzable underthe raf.isi6on ti try mrrfanywll be raponcing.
34 Teras Adninstrafive Cie, §20.14 reeuira all reslxxderlts (prints oxtiradom) biding on ffe mntrad tu poide notice of each of tlfar sbmrmaing cpportu ifies to at
last tree 3 Texas oafified H_Bs (who wok within the respective indstry applimbe to fie sb¢rmactirg opprti ity), and allavfhe HUBs at lent seven M working ckvs to
respond to the rxdno pia to the respondent stibxniting its bid response to (tier oxtedrg may. In addition, at IeaS saver (7) waldno days pia to sulxritting i(s bd rapase
to ft contracting agency, the respondent must provide notice of each of its stmNariirg opfzrhaihes to Aero 2 arae trade a5pnrdfias ordavdopteltcenters.(inTem)
d'at save rhe bers of g oups (Lei, Asan Pacific American; Sado American, Hispanic Arreira.r� Native Amoral Wuhan, Sev oe Usabed Veteran) idetfied in Toros
Pcdnnscadve Cod, §2D..11(19KC).
We respectfully re7.es Bat vendors interested in bdirg m the sdmrmaclirg of poru ity stype of work Identified in Section C, hem 2, refly no later Iter the date ad titre
Identified in Section C, hem 1. S brhtyo r response to he pdntbfoa-Aad rdne oeJ in Section A.
6 ' PRIME CONTRACTOR'S INFORMATION
Company Name: Cellco Partnership d/b/a Verizon Wireless State of Texas VID #: 1223723921000
Point -of -Contact: Phone #: 210-347-1406
E-mail Address: Russ. Brown@VZW.com Fax#:972-444-5837
= CONTRACTING STATE AGENCY AND REQUISITION INFORMATION
Agency Name:
Pointof-Contact: Phone #:
Requisition#: DIR-DIR-TSO-TMP-234 Bid Open Date: 1/22/2016
(mmltldlyyyy)
SUBCONTRACTING OPPORTUNITY RESPONSE DUE DATE, DESCRIPTION, REQUIREMENTS AND RELATED INFORMATION
1. Potential Subcontractor's Bid Response Due Date:
If you would like for our company to consider your company's bid for the subcontracting opportunity identified below in Item 2,
we must receive your bid response no later than on
6eallal Tlme Date(mmldd/y )
In accordance vntli 34 TAC §26.14 each notice of subcracti
ontng opprtu
onity shall lie, provided to at least three (3) Texas certified HUBS and allow theHUBS at least
(
,seven:(7) working day`s to respond torlhe notice prior to submming aur bid response to the contracting agency.;ln addition ,at least seven (7) working days poor to use
5ubrriittln,'g our tidal response to the contracting agency we m�st prdvitle notice of each of our subcdnVzding Cap,
ato two,(2) or more trade organizations;:
or development I'llcenters (IntTexas) that serves members of groups (i.e., Asian Pacific American, Black Amencan,.fiispamc American Native Amencan ;Woman::
Service Disabled Veteran) ide11ntified. in Texas Administrative Code,:§26 11(19)(6) ?i
(A working day Is considered a normal business day. of a state agency not Including weekends federal or state notidays, or tlays'the agency is declared -closed;
by its executive officer. The rmtial'day the subcontracting opportunity notice is'senVprovlded to the.HUBs and to the trade organizat ons ardevelopment centers_
is considered to be day zero and does not count as one of the seven (7) working days)
2. Subcontracting Opportunity Scope of Work:
3. Required Qualifications: 7-NotApplicable
4. Bonding/Insurance Requirements: r-1 -Not Applicable
S. Location to review plans/specifications: F] -Not Applicable
Definitions:
Attainment Tier: The range of total Government Subscriber voice and data lines, and M2M Line with a monthly access fee of $34.99 or higher, that
are activated under the resulting Agreement at any time, including the lines of participating parents and affiliates as per the "Purchases by Parents and
Affiliates' section in the resulting Agreement. Customer's initial Attainment Tier is indicated in the checked box below.
Government Subscriber: An employee of Customer utilizing Wireless Service whose account is set up in Customers name and for which Customer
bears payment responsibility.
Equipment: Wireless telephones, data modems and similar devices and ancillary accessories used in conjunction with Wireless Service.
Wireless Service: Each and every radio service provided directly or indirectly by Verizon Wireless.
Eligible Plan(s): Any generally available Verizon Wireless voice, data or M2M plan with a monthly access fee of $34.99 or higher that does not
prohibit discounts.
Eligible Data Feature(s): Any generally available Verizon Wireless data feature with a monthly access fee of $24.99 or higher, added to an Eligible
Calling Plan, that does not prohibit discounts.
Machine to Machine Service ("M2M Service"): M2M refers to use of the Wireless Service for the transmission of data between wireless devices
and computer servers or other machines, or between wireless devices, with limited or no manual intervention or supervision.
M2M Line(s): An individual line of M2M Service used under this Pricing and Equipment Proposal which is set up in Customer's name and for which
Customer bears responsibility.
Plans, Features, Rates and Charges: The voice, data or M2M plan and any options, features or applications that are selected by the Customer
determine the applicable rates, charges, allowance of minutes or megabytes and Wireless Service coverage area for each line. Some plans may have
restrictions on the type of Equipment that can be activated on them. Information about retail plans, options, features, and applications (i.e., those that
Verizon Wireless makes generally available to consumers or business customers) and their terms and conditions may be obtained at Verizon Wireless
stores, on verizonwireless.com or from Verizon Wireless business sales representatives. The voice, data or M2M plan monthly access fees and non-
promotional allowance of minutes and/or megabytes for each line will not change during the Line Term as long as Customer does not change plans
on that line. As detailed in the contract, rates, charges and fees, listed in Appendix C, Pricing (excluding FUSS .may be changed following the formal
Amendment process Verizon Wireless may discontinue any retail plans, options, features and applications for new activations without notice. If
Customer changes or upgrades Equipment, Verizon Wireless may require it to change to a then -current plan that is compatible with the changed or
upgraded Equipment. Customer may not activate Equipment purchase at a discount from Verizon Wireless on M2M Lines. Government discounts
and pricing may not be available to purchases made through agents or at retail store locations.
Federal Universal Service Fee (FUSF): Verizon is authorized to charge FUSF fees to DIR Customers.
Term of Lines ("Line Term"): The term for each line (the "Line Term") begins on the date Wireless Service is activated for that line and continues
for the period required by the calling plan or Equipment selected for that line (usually 1 year). Line Term extensions are required when Customer; (a)
takes advantage of promotions or services that require a Line Term extension; or (b) purchases or upgrades Equipment except for ancillary accessories
used in conjunction with Wireless Service. When the Line Term expires, Wireless Service continues on a month-to-month basis. Activation fees are
waived for Government Subscribers on voice and data plans and for M2M Lines.
Early Termination Fees ("ETF"): ETFs are waived for Government Subscribes., .
102M Management Center: The Machine -to -Machine Management Center ("M2M Management Center) provides Customer with the ability to
remotely monitor and manage its M2M devices. If Customer desires to access and use the M2M Management Center, it must so request in writing,
and Verizon Wireless shall provision the M2M Management Center on Customers account. Applicable rates and charges, if any, shall be set forth in
this Addendum. The M2M Management Center set-up time is estimated to take four to six weeks. The rights granted to Customer herein for access
to and use of the M2M Management Center are specific to Customer and may not be transferred to another party without Verizon Wireless' pr or written
consent. Verizon Wireless retains full and exclusive ownership of all intellectual property rights associated with the M2M Management Center including
any alterations, modifications, improvements and derivative works thereof.
March 25, 2016 (R3)
DIR-T30-3415
`vol z/
Page 1 of 19
WIRELESS VOICE & DATA BUNDLED PLANS
Custom Domestic Nationwide for Texas Voice & Flat Rate Data Plans
The calling plans below feflecf the monthly access charge discount. No additional discounts a0ply.,7;;.;.,;::
600 Minute 1000 Minute
Nationwide for Texas Voice & Data Plans: Voice/Data VoicefData Bundle
Domestic Anytime Voice Minutes Per Month 400 6D0 1000
Montt l-Aehess Gl age` non, poled minutes ,;_ ,'..$45.99n W98
Overage Rate per minute $0.25
Domestic Data Allowance for Email Flat Rate**
Domestic Night & Weekend Minutes Unlimited
Domestic Mobile to Mobile Minutes Unlimited
Included Domestic Text, Picture & Video Messages Unlimited*
Friends & Family for Gov mment Up to 10 numbers For Entire Account, Not Per User
Mobile Hots of � L Included
NationalAccess Roaming $0,002 per Kilobyte
Domestic Long Distance Included
Add -A -Line $34.99
Notes:See 'a k eCalling
r these voice
basis. ""Should a subscriber exceed 5 GB of data,usage In a given bill-CYG ll 11�1iVdata
the ,re ind of that I cycle No more Ir an 6D% of lines on a single':
Global Nationwide for Texas Voice & Global Data Plans
The calling plans below reflect the monthly access charge discount- No additional discounts apply..
406 Minute I T -rrr
Nationwide for Texas Voice & Global Data Plans: Voice/Global Data Bundl I
Domestic Anytime Voice Minutes Per Month 400 600 1 1000
,1'M6hthly,,A666ss.,Chdr4& (non -pooled minutes;
'M&nth[y, 6S §; CWgi6' , (06( b I dd; m i
9:"
Voice Overage Rate $0.25 per minute
Domestic & Global Data Allowance for Email Unlimited
IntemationallGlobal Phone Roaming
Government Subscribers
Zone I Countries
Zone 2 Countries
$099 -T
$1.99
Domestic Night & Weekend Minutes Unlimited
Domestic Mobile to Mobile Minutes Unlimited
Included Domestic Text, Picture & Video Messages UnEmited*
Friends & Family for Government Up to 10 numbers For Entire Account, Not Per User
Natlonalkcess Roaming $0.002 per Kilobyte
Domestic Long Distance Included
Ncrtes:,See'attached Calling Plan andf6ature Detaiis'fodrrporta - n I t informati6h'abo'utcalling -plans featUreg'and options ,Defaults to Tek , avau abi6.66 �a�
a voice qlobal� ata undl e -,-D, an s and is � n�ot-�
must `select Text Picture '&'Video Mobile Iron is NOT included w 6 bu
standalone basis.
March 25, 2016 (113) DIR-TSO.3415 Page 3 of 19
Vol.
WIRELESS DATA PLANS
Mobile BroadbandAccess for Texas Flat Rate Data Plan
The data plan below, reflects the monthly access charge discount. No additional discounts appl .
Mobile Broadband Access Only
Vdhthl Access Fee'
-
Domestic Data Allowance for Email and Internet/Intranet Browsing Flat Rate
Overage Rate Per GB NA
National -Access Roaming $0.002 per Kilobyte
Domestic Long Distance' Included
Notes` See attached Calling Plan'and Feature Details for important information about callin"g plans'features and options Streaming video is NOT t
permitted on this plan, . Should a'subscriber exceed 5 GS of.tla usage within a given month Venmm Wireless' reserves the nght to limit data,
throw` h ut s ee'ds for the remainder:pf.that month Mobile Iron isnot available on these plansor on a standaldne
March 25, 2016 (R3) DIR-TSO-3415 Page 5 of 19
Vol.
MACHINE -TO -MACHINE (M2M) /TELEMETRY PLANS
m Shared Data Allowance Per Month I MB
Domestic
5 MIS
25 MB I
150 MIS
-
Mdrit
I _ _
�P5MB
_ -
I Overage Rate Per Megabyte $1.00
al Access Roaming $0.002 per Kilebyte(Carrada)/$0,005 per Kilobyte —(M
National (Mexico)
The data plans below reflect the monthly access charge discount. No additional discounts apply.
, - . It , . . - 1 1 Gigabyte 5 Gigabytes 10 Gigabytes
Domestic Data Allowance Per Month I GB 5 GB 10 GB
'Monthly'Ac6essC "'�$25. 00
37:5
'A."
Overage Rate Per Megabyte $0,015
National Access Roaming $0.002 per Kilobyte(Canada)/$0.005 per Kilobyte (Mexico)
:Notes: Machinejo.Mdchine'coverage includes the VerizonWifeless4G,:3G and 3G Extended networks. See Calling Elan andrFedlure Details for
options u scr
impor tan t I -1-n-forr'nation7about calling plans46aturgsland o� �S -Ib ibans, authenticated Equipment (CPE),
)Vad by Verizon Wireless to h' I N booki martp one, and Tablet devices arenot Broadband;
bp�activatecl on -,t these pans.-,-,, at h-l- —.- -r
,apprc . " 1. .-F-- -
11.1 - nnsif -&Hl the igii6m 2,,,
M41vi pricing: A(Sjs_e�(yice requires -4G Telem etry!equipmept and 41d coverage. ter �dl Agreement ai:ipty to M service./,
obile iron s n available,on these, plans or on basis
aml M2M Lines as�a.Wirele'ss Service- M ri notI a standalone
I The data plans below reflect the monthly access fee discount. No additional discounts appy,
Mobile Broadband Machine -to -Machine Plan: 250 MIS
Monthly
Domestic Data Allowance Per Month 250 MB
Domestic Overage Rate Per Gigabyte $0.015 per MIS
International Reaming $0.002 per Kilobyte
Notes" Machine to Machine coverage included the Verizon Wlrele§94G;�3G and 3G Extended networks. See attached Calling - Plan and Feature
f �'- � information I - , U � a," , , - i
Details-or.�impohtant �abc)u't'dalling"-plan's,,rfie'a-tur:es'and:'6pti6n§.: Government Subscirbers'may suplythefr�'owrh authenticated'
d Tableti&eroleligible'for
Equipment (CPE) approved by Veriion Wireless,to beactivatad on these plans. . Netbook,:Smartphone,an , adevices
--id Tole - metry equipment, I and 4G c6vej6g6�-"Ir All terms and conditions t -'e -Agreement -
,Mobile. Broadband M2M pricing, 4G service requires,baric us as a 1, " ---
,app'I'ytoM2Ivservice and M2M Uhpsas-,aWireless Service . Sharing is available only.anno Mobile Broad I user roup.
�g
! s.
VobileIron 'l holavailable entirese pl6hs oron st6ri6alone bas�'
March 25, 2016 (R3) DIR-T50-3415 Page 7 of 19
VOL
Mobile Bir 1.11. / / Backup Router
Government/ 1'
The data plan below reflect the monthly access fee discount. No additional discountsapply.
Domestic Data Allowance Per Month 25 MB
Share Option N/A
Domestic Overage Rate Per GB $10.00 per GS
International Roaming NIA. Verizon Wireless network only.
Notes; Curreht coverage details can be found at www.verizdnwveless.com; See the attached M2M Data Plan and,Feeture Details as w611 as
Calling Plan and Featu a Details in your Agreement for impo tont informatio about calling plans features apd opGons:4Dunng an outage ofthe
primaryconnection `all usage within the billing cycle in excess of the 250 MB allowancerwill be-harged't the overage rate of,$10.00 per GB..'_
The Wireless Router Plan is approved [or use as a backup solution fqr pds'i_ness cont nuity only and is-no , t to be used for primary connectivity
Vedzoh Wireless reserves the right to move Customeuto the standard commercial`5 GB M21viprice plan should usage cn the Imes provisioned ;
on the M2M Wireless Backup Router Plan excee'tl 1 GB for three (3) consecutive months: M2M Wireless°:Backup Router Plan may be' used wi h
Private, Network; theCisco 4G LTE Referral ,P,rogram and GradlePomt Router Bundle4(ce Eam restnctrons apply) jIJ2M router dewces must f e';
roved-for use dh Verizon Wireless network, no other device types.'may be activztad on,this'plan Not eligible for Ver¢on Wireless;
Government E ui merit Matrix ricing'Mobile Iron is not available on this °Ian or on a standalohe basis.„ , „ , '
March 25, 2616 (R3) DIR-T50-3415 Page.9 of 19
Vol, 2 cl
Enterprise Messaging
Enterprise Messaging is Not eligible for menfhlyaccess fee discounts
Messaging Allowance Enterprise Messaging Monthly Access Per Message After Allowance
(standard text messaging rates apply for Recipient)
$2100.00
100,000 $0.02
Unlimited WA
Public Safety Unlimited ""40.00 (For Public Safety/FirstResponders NA
defined below
'The $0.00 Monthly Access Unlimited plan is only available to Public Safety/First Responders classified with the following NACS (formerly SIC) Codes:
[1 621910 Ambulance Services 0 922160 Fire Protection
0 922110 Courts 11 922190 other Justice, Public Order, and Safety Activities
0 922120 Police Protection 0 928110 National Security
[1 922130 Legal Counsel and Prosecution 0 922150 Parole Offices and Probation Offices
Lf 922140 Correctional Institutions
1, ENTERPRISE MESSAGING: In order to protect our network and safeguard subscriber privacy from unsolicited (spam) or objectionable text messaging, Verizon
Wireless employs protective measures, including aggregate message volume limits, content I and speed of service limitations on publicly accessible Internet
messaging gateways. Venzon Wireless Enterprise Messaging service allows enterprise accounts to send aggregate text messages -to other Verizon Wireless
subscribers while reducing potential delays related to these protective measures
2. REQUIREMENTS AND RESTRICTIONS: Enterprise Messaging Is only available to Customers that have a valid Blanket Purchase Agreement with at least five
(5) active Non -Government Subscribers. Enterprise Messaging is available for a morthlyaccess fee forwhich Vermn Wireless will provision a Pilot Mobile Phone
(described below) and provide access to the Enterprise Messaging Access Gateway (EMAG) online portal to set-up and manage the service. Enterprise Messaging
can be used to send messages to Verizon Wireless subscribers and to subscribers on most domestic wireless carriers (inter -carder messaging requires additional
provisioning and is subject to message size and reporting limitations. experience by carder and region may cause the experience to vary). Customer agrees that it
will send messages only to subscribers that have opted in to receive its messages by: a) establishing an opt -in process that effectively captures each subscribers
consent to receive Customers messages, informs subscribers of the nature and scope of Customers messaging campaigns and any financial obligations ('Standard
Messaging Charges Apply") associated with the messaging; b) maintaining opt -In records for a minimum of 6 months from the date of a subscribers opt -in consent;
and c) immediately complying with subscriber opt -out requests such as STOP, END, CANCEL, UNSUBSCRIBE or QUIT in compliance with Mobile Marketing
Association (MMA) guidelines (www.mmaglobal.com . Customer can use compatible, properly configured SNPP, WCTP, XML, TAP, SMPP and SMTP messaging
protocols, for which it is solely responsible for maintaining facilities to monitor its messaging operations, or the EMAG portal, to send up to fifteen text messages
per second to subscribers, Provision of the EMAG service does not obligate Verizon Wireless to support variations of these protocols, whether those variations
are optional within the published protocols or authorized or unauthorized variations to the published protocols.
Customer agrees that: a) its messaging will comply with applicable industry guidelines (e,g. MMA's Best Practices and CTIA's Wireless Content Guidelines) and
Verizon Wireless content (www.verizon.com/coniempolli standards as they may updated from time to time; b) it will not send messages containing executable
files or links to other content or premium or similar messages that require a subscription or surcharge; c) it will not install, deploy, or use any hardware, firmware,
software or other technology or technique to circumvent Verizon Wireless' messaging network operations protections except as granted under this agreement: and
d) it will not send any objectionable material via Enterprise Messaging or advertise, promote, distributed or use objectionable material in connection with Enterprise
Messaging (for purposes of this agreement, objectionable material includes, but is not limited to material that (1) Is prohibited by any applicable law, rule or
regulation, (ii) contains anything that is obscene or indecent or anything with strong sexual, explicit or erotic themes or that links to such content, (III) contains hate
speech; (Iv) contains excessive violence; (v) contains extreme profanity; (vt contains misleading or fraudulent claims, or (0) promotes or glamorizes alcohol abuse,
illegal drug use or use of tobacco products). Consistent with prevailing standards in other content distribution mediums, content iathis category that does not satisfy
the above may be distributed if included in the context of educational, medical, news, scientific or sports material. Customer agrees that its use of Enterprise
Messaging will comply with any applicable local, state, national and International laws and regulations.
3. LIMITATIONS: Wireless phones use radio transmissions which by their nature do not permit the delivery of text messages when the wireless phone is not in
range of one of our transmission sites or a transmission site of another company that has agreed to carry our customers calls, or if there is insufficient network
capacity available to handle the message at that moment. Even within a coverage area, there are many factors that might interfere with the delivery of text
messages, including the subscribers equipment, terrain, proximity to buildings, foliage, and weather. Verizon Wireless also does notown orcontrol all of the various
facilities and communications lines between Customer's site and Verizon Wireless Enterprise Messaging access point Due to these natural and technological
limitations and the limitation in the number of messages that can be sent (up to fifteen per second), ENTERPRISE MESSAGING SHOULD NOT BE USED AS THE
SOLE MEANS TO SEND MESSAGES THAT CONTAIN INFORMATION THAT IS ESSENTIAL TO THE PROTECTION OF LIFE OR PROPERTY, OR IS MISSION
ESSENTIAL OR CRITICAL IN OTHER WAYS.
4. CUSTOMER'S ENTERPRISE MESSAGING CONTACT: Customer agrees to provide contact information including a phone number and email address to
Verizon Wireless of an Enterprise Messaging contact or contacts, who shall he available during business hours and any other time period that Customer utilizes
Enterprise Messaging for the purpose of assisting to resolve service matters and trouble shooting. Customer must provide written notice of changes to contact
information fourteen days prior.
5. PILOT MOBILE PHONE: Verizon Wireless shall provide Customer with one pilot mobile phone at no charge to manage password setup and resets. Cus!omer
should safeguard the pilot mobile phone in case password resets are needed as Verizon Wireless must rely on regular mail delivery of password resets if the phone
is not available (password resets cannot be given over the phone or sent via email). This pilot mobile phone will not be capable of making any voice calls. Customer
shot promptly ratify Verizon Wireless if the phone is lost, damaged or stolen and Verizen Wireless reserves the right to charge Customer for replacement phones.
6, TERMINATION OF SERVICE: VERIZON WIRELESS CAN, WITHOUT NOTICE, LIMIT, SUSPEND, OR CANCEL CUSTOMER'S ACCESS TO OR USE OF
THE ENTERPRISE MESSAGING SERVICE OR EMAG IF CUSTOMER VIOLATES THE RESTRICTIONS OF THIS AGREEMENT OR FOR GOOD CAUSE which
shall include, but is not be limited to: (a) breaching this Agreement or the Customers Non -Government Agreement: (b) spamming or other abusive messaging; (c)
using Enterprise Messaging in a way that adversely affects our network, our customers, or other customers; (d) allowing anyone to tamper with messaging
applications in a manner contrary to this Agreement; (a) any governmental body of competent jurisdicfion suspends or terminates your service or institutes a
requirement, ruling or regulation that conflicts with this Agreement; or (1) operational or other governmental reasons.
March 25, 2016 (R3) DIR-TSO-3415 Page 11 of 19
Vol, 113411 _0,2U7
Wireless Priority Service (WPS)
The cafiing plan below reflects the morithly access char a discount. No additional discounts apply. >
Wireless Priority Service
$4'50 v a , mkrts `,.•
Discounted Feature Initiation Charge $10.00
Per Minute of Use Char a$0.75
NOTE: Wneless'P.rionty Service Access (WPS Access) is subject to the planAtatls of your cuI stomer1 agreement and calling plan:•A WPS Accessi
11
function on a limited portion of fh'e Venzon Wireless owned Wand operated''8001190D MH.z CDMA network and is ;a"vallable only fb mdiwduals'
'arized by the `Office of the Manager National Communications System;(NCS) WPS Access prowdgs end users wdh the abihfy`to be placed
utho
nto a'queue for the next available wireless voice charnel.ahead ofrendtusers not sutsc bing to"WPS Access Venzon Wireless makes'no,
wailing times associated withWPS nor can Venzon Wireless ensu a that WPS'Qccess call 11 The,WPS
assurances regarding ,
access charges, Including the $0 751minutee the ge aro all m addition to the charges associated wdh,yo r Verizon Wheless calling plan Contact
our ver¢on Wireless representative for complete details on.WPS Access. m
Verizon Wireless Field Porce Manager
The Field Force Manager Plan with a monthly access fee of $29.99 and the Field Force Manager Feature with monthly access fee of $24.99 are
eligible for Monthly Access Fee Discounts.
Field Force Manager Feature Field Force Manager Plan
Feature PhoneFeature Phone
(Data plan requir (Data plan NOT required)
8€,.y,= x i- v .rtz$2000,per;`uset s: r r %$2999 'etiuser.
tMohihf AccesstCfiar e, Bastc �, �„_ =.fix...,
;,Monthl Acc`e3s�Ghar e„ Pro �,;=xa���,•„�,'�;.•, „�'�*'��, a „s$25.OD e�;user„�„�, ��"d ��"eU„c_�<,�,:N/A�;c�=„v,.�. �”
.Monthl `AccessEtiar e „P,,TT:"oN �;,, �-�`�x?,_$20.00 `ecuser RTTDe"vrces.Onl ,," '� $4500!�ekusei, PTT:DevicesOril ;
NOTE; Optional Features maybe added onto an eligible calling plan wdh a monthly access fee of $34.99 or higher'` Field Forcd Manager By,',
pu'r'chasing the Fiel J Farce Manager featureiCustomer consents to the tracking of Field Force Manager Equipment'and must obtain aulhonzed'
consent to track ng linin all usersand affe4ted persons No guarantee of accuracy of information trans" ndted disclosed displayedor othe wise
conveyed or used.•Service could be interrupted or disrupted due to atmospheric conddions'linaccurate ephemeris data and oilier factors associated.
withuse of satellites and satellite data /u¢ime for Field Force,Manager service a mclutled in the Mont Fee ani.d its use is subjectto the Unlimited
'"-' `
VZAccessfeaturedetails.”Requires2MBbf,datafor"applicaliondownload`
March 25, 2016 (R3) DR-TSO-3415 Page 13 of 19
y
Verizon"'Wirlil6ssr-
Verizon Wireless Calling Plan Optional Services. Additional fees may be required as per the individual calling plans.
Calling Plans and Associated Charges: Some calling plans or monthly access price points may not be available in all markets. Subscriber's first
partial and full month's access will not be refunded after activation of the Wireless Service. Activation fees are waived for all Government Subscribers.
Charges for calls will be based on the cell sites used, which may be outside the calling plan coverage area even when the Subscriber is physically
within the coverage area. Time of the call is based on the telephone switching office that carries the call, which may be different from the time of day
shown on Subscriber's phone. Rates do not apply to credit card or operator -assisted calls, which may be required in certain areas. Usage rounded up
to the next full minute. Unused minutes andlor Megabytes are lost. On outgoing calls, charges start when Subscriber first presses SEND or the call
connects to a network, and on incoming calls, when the call connects to a network (which may be before it rings). A call may end several seconds after
Subscriber presses END or the call otherwise disconnects. Calls made on the Verizon Wireless network, are only billed if they connect (which includes
calls answered by machines). Billing for airtime and related charges may sometimes be delayed. Calls to "911" and certain other emergency services
are toll-free and airtime -free, however, airtime maybe charged when dialing toll-free numbers. All features may not be available in all Verizon Wireless
markets.
Home Airtime and Roaming: Home airtime minutes apply when making or receiving calls from a calling plan's home rate and coverage area.
Coverage information is available at www.verizonwireless.com. Airtime is rounded up to the next full minute. Allowance minutes/Megabytes are not
transferable except as may be available on calling plans with sharing. Subscribers must periodically dial *228 to update roaming information, Automatic
roaming may not be available in all areas and rates may vary. Roaming charges may be delayed to a later bill.
Long Distance: Unlimited domestic long distance is included when calling from the calling plan's home rate and coverage area, unless otherwise
specified in the calling plan.
Customer's Cell Phone Number and Caller 10. Vedzon Wireless will assign one Mobile Telephone Number ("MTN") to each Subscriber line. Other
than as required to port an MTN, Customer does not have any property right in the MTN and Verizon Wireless may change, reassign, or eliminate an
MTN upon reasonable notice to Customer under certain circumstances, including fraud prevention, area code changes and regulatory or statutory law
enforcement requirements.
Verizon• Plan Included Features
Call Waitin 1,6 i—T—hr—ee—Way Calling 1.6
Call Forwarding 6 1 No Answer/ Busy Transfer 6
Caller ID 1.6 Basic Voice Mail a,e
411Connecfm4,6 DirectDry Assistance Basic TTXTMessaging s
'Airtime charges apply to all calls simultaneously.
2When making a call, Subscribers MTN may be displayed to the receiving party with Caller ID capable Equipment. Caller ID service may not be
available outside home airtime rate and coverage areas, and may not be compatible with certain enhanced features. Caller ID can be blocked for most
calls by dialing *67 before each call, or by ordering per -line call blocking where available. Calls to some numbers, such as toll-free numbers, cannot
be blocked.
Wrtime charges apply to message retrieval.
4411 Connect, directory assistance with automatic call completion is subject to a per call fee plus airtime charges. Directory assistance rates are subject
to change.
5TXT Messaging offered at the prevailing rate, currently $0.02 per inbound and $0.10 per outbound message per address. TXT message charges are
subject to change.
61'eature not included on NationalAccess and BroadbandAccess Unlimited or Megabyte (MB) calling plans at no charge, but are available at the
prevailing Verizon Wireless rates.
Push to Talk: Push to Talk capable Equipment required. Push to Talk capable Equipment can only be used with a Push to Talk calling plan.
Subscribers switching from a Push to Talk Calling Plan to another calling plan will not be able to use Push to Talk capable Equipment with
the new plan. Push to Talk calls may only be made with other Verizon Wireless Push to Talk subscribers. Push to Talk Subscribers may initiate or
participate on a call, simultaneously, with as many as 20 total participants (19 members per group plus the originator). Push to Talk groups must be
established via the Push to Talk website prior to initiating a group call. Subscribers may establish as many as 50 group lists of up to 20 participants
(19 members per group plus the originator). Existing Push to Talk Subscriber Equipment may require a software upgrade. Push to Talk is only available
within the National Enhanced Services Rate and Coverage Area. There will be a delay from the time a Push to Talk call is initiated until the Push to
Talk call is first received by the called party. A Push to Talk call will automatically time out after twenty (20) seconds of inactivity. While on a Push to
Talk call, incoming voice calls will go directly to voice mail. When on a voice call, a Push to Talk call cannot be received. Network registration information
will be sent to the Equipment each time it is powered on in the National Enhanced Services Rate and Coverage Area, each time the Subscriber travels
into the National Enhanced Services Rate and Coverage Area, and every 12 hours if the Subscriber stays within the National Enhanced Services Rate
and Coverage Area. While the updated network registration information is being sent to the Equipment, incoming voice calls will go directly to voice
mail. Contact list cannot be modified from certain Equipment. Subscriber cannot prevent others who have the Subscribers MTN from entering the
MTN into their Push to Talk contact list. Only one person can speak at a time during a Push to Talk call. Push to Talk services cannot be used for (1)
access to the Internet, intranets or other data networks, except as the device's native applications 8 capabilities permit, (ii) any applications that tether
March 25, 2016 (R3) DIR-T50-3415 Page 16 of 19
VZAccess and VZEmail Calling Plans and Features: VZAccess includes NationalAccess (IXRTT) and BroadbandAccess (EVDO/4G) calling plans.
VZEmail includes PDA/Smadphone and BlackBerry calling plans. VZAccess and VZEmail usage is subject to VZAccess Acceptable Use Policy,
available on www,verizonwireless.com. VZEmail optional features may only be purchased in conjunction with eligible voice calling plan with a monthly
access fee of $34.99 or higher. Monthly Megabyte allowances apply only to NationalAccess and BroadbandAccess data transmissions. Other data
(Quick 2 NetsM or dial-up) transmissions as well as voice calls will be billed at the per minute overage rate according to the VZAccess calling plan. For
optional data features, "other data" will be billed as anytime minutes or at the per minute overage rate according to the underlying calling plan. When
traveling outside the National Enhanced Services Rate and Coverage Area, Subscribers may be charged at the "other data" rate for data usage.
NationalAccess data sessions require a NationalAccess capable PC Card, PDA, BlackBerry or handset with its compatible Mobile Office Kit, and must
be placed within NationalAccess service area. BroadbandAccess data sessions require BroadbandAccess capable Equipment and must be placed
within BroadbandAccess service area. PDA(Smartphone and BlackBerry users that move from a VZEmail plan or feature, or a Voice and Data Choice
Bundle to another calling plan will not be able to use their PDA/Smartphone or BlackBerry on the new calling plan and will need to purchase or provide
compatible voice Equipment to switch to the new calling plan. For current NationalAccess and BroadbandAccess service areas, please visit
www.verizonwireless.com. All data sessions automatically terminate after 24 hours of activity and on unlimited calling plans after 2 hours if inactivity.
Data session is inactive when no data is being transferred. Data session may seem inactive while data is actively being transferred to Equipment, or
may seem active when it is actually cached and not transferring data. Subscriber MUST press or click END or DISCONNECT button to ensure that
session disconnects and charges cease. Third -party applications may automatically reinitiate data sessions without the Subscriber pressing or clicking
SEND or CONNECT button. Voice calls cannot be received when an e-mail or other data transmission is occurring. Voice calls are possible when
NationalAccess data session is inactive; however, charges apply simultaneously to the data session and the voice call in accordance with the applicable
calling plan. Voice calls are not available with BroadbandAccess. Customer must maintain virus protection when accessing the service. Customer is
responsible for all charges, including all data sent and received and "overhead" whether or not Subscriber or recipients actually receive the data.
"Overhead" is all data that is in addition to user -transmitted data, such as control, operational and routing instructions, error -checking characters and
retransmissions of user -data messages that are received in error. VZEmail calling plans and optional features not available with PC cards or wireless
modems, including wireless Equipment tethered to a PC. In order to use some VZEmail features and applications, Subscriber's PC (or server where
applicable) must be powered on, able to receive e-mail, and have Equipment manufacturer software (BlackBerry Desktop, Wireless Sync or GoodLink)
installed. If Equipment is turned off or if the Subscriber travels outside the NationalAccess service area, e-mail messages will be automatically stored
for up to 7 days and forwarded when the Subscriber returns to the NationalAccess service area. Receiving e-mail attachments and graphics may be
limited based on the Equipment model or software. With some Equipment, e-mails received may display only the first 2 kilobytes of information with
additional 2 kilobyte increments delivered at the Subscriber's request.
Data Plans and Features Prohibited Uses: You may not use our Data Plans and Feature for illegal purposes or purposes that infringe upon
others' intellectual property rights, or In a manner that Interferes with other users' service, that violates trade and'ecohomic sanctions and
prohibitions as promulgated by the Departments of Commerce, Treasury or any other U.S. government agency, that interferes with network's
ability to fairly allocate capacity among users, or that otherwise degrades service quality for other users. Examples of prohibited usage
include: (i) server devices or host computer applications that are broadcast to multiple servers or recipients such that they could enable
"bots" or similar routines (as set forth in more detail (ii) below) or otherwise denigrate network capacity or functionality; (ii) "auto -
responders," "cancel -bots;' or similar automated or manual routines that generate amounts of net traffic that could disrupt net user groups
or e-mail use by others; (iii) generating "spam" or unsolicited commercial or bulk e-mail for activities that facilitate the dissemination of
such e-mail); (iv) any activity that adversely affects the ability of other people or systems to use either Verizon Wireless' services or the
Internet -based resources of others, including the generation of dissemination of viruses, malware, or "denial of service" attacks; (v)
accessing or attempting to access without authority, the information, accounts or devices of others, or to penetrate, or attempt to penetrate
Verizon Wireless' oranother entity's network or systems; or (vi) running software or other devices that maintain continuous active Internet
connections when a computer's connection would otherwise be idle or "any keep alive" functions, unless they adhere to Verizon Wireless"
requirements for such usage, which may be changed from time to time.
Unlimited Data Plans and Features (such as NationalAccess; BroadbandAccess, Push to Talk, and certain VZEmail services) may ONLY be
used with wireless devices for the following purposes: (i) Internet browsing; (ii) email; and (iii) intranet access (including access to corporate
intranets, email, and individual productivity applications like customer relationship management, sales force, and field service automation). The
Unlimited Data Plans and Features MAY NOT be used for any other purpose. Examples of prohibited uses include, without limitation, the following: (i)
continuous uploading, downloading or streaming of audio or video programming or games; (ii) server devices or host computer applications, including,
but not limited to, Web camera posts or broadcasts, automatic data feeds, automated machine—to—machine connections or peer—to—peer (P2P) file
sharing; or (iii) as a substitute or backup for private lines or dedicated data connections. This means, by way of example only, that checking email,
surfing the Internet, downloading legally acquired songs, and/or visiting corporate intranets is permitted, but downloading movies using P2P file sharing
services and/or redirecting television signals for viewing on laptops is prohibited. For the Unlimited Broadband Access plans, should a customerezceed
5 GB of data usage within a given month, Verizon Wireless will limit data throughput speeds for the remainder of that month.
For individual use only and not for resale. We will protect our network from harm, which may impact legitimate data Flows. We will limit throughput or
amount of data transferred, and reserve the right to deny or terminate service, without notice, to anyone we believe is using an Unlimited Data Plan or
Feature in any manner prohibited above or whose usage adversely impacts our network or service levels. Anyone using more than 5 GB per line in a
given month is presumed to be using the service in a manner prohibited above, and we reserve the right to immediately terminate the service of any
such person without notice. We also reserve the right to terminate service upon notification to the customer.
Unlimited VZAccess and VZEmail: NationalAccess, BroadbandAccess, and GlobalAccess data sessions may be used for the following purposes:
(i) Internet browsing, (ii) e-mail, and (iii) intranet access (including access to corporate intranets, e-mail and individual productivity applications like
customer relationship management, sales force and field service automation). Unlimited VZAccess, VZEmail and Push to Talk services cannot be
March 25, 2016 (R3) DIR-TSO-3415 Page 17 of 19
v:l(. _,� 4(_// -t ���
A data session is inactive when no data is being transferred, and may seem inactive while data is actively being transferred to a device, or seem active
when actually cached and not transferring data. Customer must maintain virus protection when accessing the service and is responsible for all data
sent and received including "overhead" (data that is in addition to user -transmitted data, including control, operational and routing instructions, error -
checking characters as well as retransmissions of user -data messages thatare received in error) whether or not such data is actually received. Verizon
Wireless will not be liable for problems receiving Service that result from Customer's device.
Megabyte (MB) Data Plans: M2M data usage is rounded to next full kilobyte at end of each billing cycle. Any unused portion of the megabyte
allowance is lost. Equipment will not indicate kilobyte usage.
NationalAccess Roaming Feature: Not for use with Mobile Office Kits. Dynamic IP addresses will be assigned when roaming. Usage rounded up to
next full kilobyte. For information on where NationalAccess Roaming is available, see www.veHzonwireless.corn.
Roaming in CDMA countries outside of the US: Roaming in CDMA countries is $0.69 per minute plus the servicing carrier's long distance charges,
toll charges, surcharges and taxes, which are billed on a pass-through basis. Roaming rates in Canada and Mexico may vary. Roaming in CDMA
countries is only available In "CDMA' mode where service is available. An update to Equipment software is required to roam in S. Korea.
Data Roaming: In the Canadian Broadband and Canadian Enhanced Services Rate and Coverage Areas, usage will be charged at a rate of $0.002/KB
or $2.o51MB. In the Mexican Enhanced Services Rate and Coverage Area, usage will be charged at a rate of $0.005lKB or $5.121MB. For more
information on roaming in Canada and Mexico, visit verizonwireless.cominaroaming. In the Bermuda, China, Dominican Republic, Guam, India, Israel,
Saipan and South Korea Enhanced Services Rate and Coverage Areas; usage will be billed at rate of $0.02/KB or $20.46/MB. I -Dial is needed to
roam in many destinations. Only the Canadian Broadband Rate and Coverage Area supports EV -D0.
Share Options: Sharing is available only among Government Subscribers on applicable M2M Low Usage and High Usage calling plans. Customer
may activate one (1) share group per profile (Low Usage and High Usage plans cannot share with each other); however, customer may have multiple
bill accounts on the same profile. Sharing is available only among M2M Lines on the Mobile Broadband M2M Multi -Account Share Plans on the same
profile, in the same usage group. Each sharing M2M Lines unused KBs will pass to other sharing M2M Lines that have exceeded their data allowance
during the same monthly bill cycle. Unused KBs will be distributed proportionally as a ratio of the KBs needed by each applicable M2M Line to the total
KBs needed by all sharing M2M Lines on the same profile. Customers subscribing to Mobile Broadband M2M Profile Share Plans will be billed on
separate billing accounts and invoices from Subscribers to the Mobile Broadband M2M Account Share Plans.
Note: rA profile is defined as a Customers overarching account of record under which Customer may have multiple billing accounts
March 25, 2016 (R3) DIR-TSO-3415 - Page 19 of 19
V ii d� / �3/
Appendix D
DIR Contract No. DIR-TSO.3415
Verizon Wireless Customer Agreement
ver0on°
This agreement is dated between Cellco Partnership d/b/a Verizon Wireless and its Related Entities ("Verizon Wireless") and
("Customer'), a customer as defined in Appendix A in the Contract for Products and Related Services between the State of Texas
Department of Information Resources (the "DIR) and Verizon Wireless, DIR Contract No. DIR-TSO-3415 (the "DIR Agreement") with an
effective date of [include date once contract is executed].
This Customer Agreement shall be governed by the terms and conditions of the DIR Contract Number DIR-TSO-3415. A copy of the
DIR Agreement is incorporated herein by reference and is available online at www.dir.texas.gov or upon request from your Account
Manager.
Authorized Customer is eligible and desires to purchase wireless services and products from Verizon Wireless pursuant to theterms and
conditions of the DIR Agreement, any and all amendments, addenda and schedules as the DIR may specify from time to time, as well as
the terms and conditions of all calling plans activated under this Customer Agreement, which are incorporated herein by reference.
DIR will only be responsible for services provided to DIR and will not be responsible for payments for services provided to any individual
Customer.
The Authorized Customer hereby agrees that it is separately and solely liable for all obligations and payments for equipment and services
provided hereunder.
The Authorized Customeragrees to the terms and conditions ofthe DIR Agreement including the disclosure of limited account information
as part of the contractual reporting requirements to DIR.
The undersigned represents and warrants that he/she has the power and authority to execute this Customer Agreement, bind the
respective Authorized Customer, and that the execution and performance of this Customer Agreement has been duly authorized by all
necessary Authorized Customer action.
The undersigned is duly authorized by the Authorized Customer to designate the following individual(s) (the "Authorized Contacts") who
are authorized to take action with respect to the account with Verizon Wireless to purchase equipment, add lines of service, cancel lines
of service and make changes to the account that financially bind the Authorized Customer to the terms and conditions of this Customer
Agreement, and the DIR Agreement.
FEIN Number: Existing Vendor Customer Account Number(s):
Means of Contact Acceptable To/From Authorized User (e.g. fax, a -mail, etc.):
Verizon Wireless Sales Representative Name: and Wireless Phone Number: and GID:
Verizon Wireless Profile ID(s):
Authorized User has caused this User Agreement to be executed by its duly authorized representative to be effective as of this day
of 20
Customer Name:
Verizon Wireless:
Authorized Signature:
Authorized Signature:
Printed Name:
Printed Name:
Title:
Title:
Date:
Date:
DIR-TSO-3415 v2.092115 Verizon Wireless 1
Appendix E
DIR Contract No. DIR-TSO-3415
Verizon Wireless E -Rate Customer Agreement
This ageerart is dated 20 bstw Cdlm Fiadi ip dbva Vat= Wreless and its Dated Ertibes ("Vaimn Wireless' and ("Oslare'J, a astare
as defired in AppandixAin the CaNactfor Pmdcls and Rlated Services between the State ofTe DpatietdIrdcrn[tim Resauce;(the"DIR) and Veasn Wreless,
DIRCxntrad%.DIR-TSQ3415(the"DIRAgea off).
This Ostora Ageared shall be governed by the toms and oxdtiors d the CYR AgeeTrnt . A copy of the DIR Agear e t is incorporated herein by reference ad is
availadeaiire at Fifu74wvw.dir.taes.00v/ a upon request fromyazADMLTd Mager.
Aadlv¢ed Osteine is eligde and dsirs to prrdase vareless savies and prakcts Bon Vaiznm Wireless puzuard to the tears and rordAions dthe DIRPgeerncn, arty
and all area4reAs, addad3 ad schadles as 4e DIR may spedfy from We to tine, as wet as the terns and conditions of all o fling pians aafivated under this O-eare
Fgrearert vhch are inmpaated hadn by reference The tem dthis OstonmaPgcencrt will be from tlraxgh
DIR will only to responsible for services provided to DIR and will not be responsible for papers for service; provided to arty Irdvidud Ostorre.
TheAdlorized Cslare hairy ages that it is separately and solely liable for all obligations and payments for egdprre t ani sews pohded heraurkr.
The AAiNTE d Ostcrner agrees to the tans ad axdbos of the DIRAgrearat irducirg the dsdosae of lifrited accat irdmretion as part of the contractual reporting
rapnrerrets to DlR _
E -Rate Program Participation ad Invoicing Rocedures:
Thetea s and oxdbo sdthis OstareAgemet appiywfth raped to anywreless savdcas forvAch Onsbcrre see6 arexdves furdrg from the lkiversal Service Rud
("L1SF) as adnirisaed by the Salads and Litraies Livisicn ('SLD') of the Lkiversal Service Administrative CarFeny ("L1S4C') ("Efate Rogarrfl. Tc the admt that
Cstarer is seelarg Efa'efwdr)g, Ostorra is scidy responsible for applying for and searing any Efate fwdng, ad for Bering the amracy and integrity, Ball data and
iris atwm bnittectino ren berm Wthsudnappicatm VerimnWrelss esmliadlityaiargfromaryadsarceitpoddm CstorraincxredwWthsich4iiratim
and0sbm sa'lhid VerizonVVlydsshandsvethrespeatoaNsinsssiamainfmreh'onprovidertoOstmrr.
Va zon Wireless agrees to U&I E -rate rereuirmeds that apply to sevice providers and will work vAh Ostorna as needed to support its participation in the Efate
Rogan Verizon Wrelessvdll support both tie SR(Fbrm 474)the BEAR (Form 472) rrelhorls of rdntruserrets sdeded by the Octane djirg Va'¢mWreless Efate
amendregstra5mprae6. Va'aen Wrdess SPIN ts143000677. \A ®=Wrdess FC)CF�4stagm Nmbais00C1'i2W&73.
Cstare agrees; to filfill Efate re cidrare is ill apply to Efate Program ap p iori s/ratidpants and v rkWth Verizon Wreless as needed to support its participation in time
Efate Program O storravall register all aca urts fa 4ich it applied for Efate fimr5rg cluing Verizon Wireless' Efate repistratim Aco nt registrafim vill be orrrpeai
throgha LRLtlatwdlbesattothepcimdoxdadidaitifiadmOstm&s Fam471. Wing amount regstratiaf Catera will sdaS its reir-biserret rrdtod(BEAR a
SPI). Pity aanfnts rd regsered by the raystration deaoline ere dearel to have dated BEAR rtfnbuserrart me hod. VertzonW rens reservesthe right to refise to
darge invoiarg meted after the begins g of the firing year. Cstmyr also agrees to srbrnt a copy of its Itern 21 idanapon from its Foran 471 to
ERATE srfarts(o7✓er¢onWrdssaxn before the registration deadline. Ostara Lxafs all rspasibility for neinaring lines for vtich Cstorra dd rot shit an Efate
application on a separate subaoxrunL
If Oster e selects the .A (Finn 474) process, Vertmn Wreless will bill Ostorer the total arwrd ckt unit Verzm W rdess rives eatifi('ation aproral Icorn LSAC to
rd� the approved peroa tape of credits to the emxmt. and Farm 486 is filed. After rordnretion is removed, Verizon W rdess will apply a credit to Ostoner's nortNy
irvoosfotheanamts approved by USACad is rsporsidefcrs.il:micing SPI Fcrrrsto LSACbrEfatereirrtersared Upn regnst, Ostonerwil rxovidearryappopiate
darrenatim a irfmration to Vaaon or US4C in s¢{at of Verizods repuat(s) for fret
If Ostme selects the BEAR (Fenn 472) pods, tla Cstan er cost prowee aazud irfarratlm to Va VVIrdess and pay invocs in full before Va zon Wireless veil
ratify the BEAR form In oda for Ve zon Wreless to ca* BEAR fans in a Itnely manner, Or#are cost provide its aomLr t ember and doer related irdonetiOn to
Veizon Wrestsinadcitimtotheompleed BEARfcrm Faits toprovideneoesSryinbanetionwilllikdyederdpro irgtime.VetmnWreie WllpoddethaCstara
oath the sgnad and dated page 4d the BEPR Form after Ostora sdrrits the om{ieed fronto Varzon Wireless with srdficiat time and irdi rrraton to vaidate Ostards
avourd(s). To EDgxdteprocessirg,Csbneshaidn L&C'saliw BEPRfamlauaWeathV:/Af.Lsacomjsy/Wgfars/defaltspx(Reasererertbatoirdude
par Vaaon Wirers amccnt rxmtner in tie ocmng^Js saGm) Veizo n Wireless will also accept ompieerd BEAR (errs by efral. After receipt and processing of BEAR
farts sbrritted by efreil, Ve con W rdess will provide the Osto erwith the signed arch dated page4 ofthe BEAR Farm Ostorrer is responsible forsulrrisson of BEAR
fmrsb L&C.
Onto rer agrees to pay Orton ors portion of approved InMIQ.d doges regardless of Maher Ostmer doses to participate in LZACs Service RoAda Irvolte ('SPI")
pocessaallef ErttyApplirat Rdrrbuserenl("BEAR)process. Iffaaryrearm CstarefatstoguaifyfcrascoreE-atefudrgaaasWa bezrrpsird4blefa
s )ch fu ding in Whole crin part, or If soh funding is Wdndawn or named in whole a in fid, or if payment d any Va¢on Wreess loge is dewed by LSAC in whole crin
pat, ClEtorna is nevertheless odigated to pay or>elvnkel paced (1007'/) of the drags associated with the vareless services provided u -bar iNs Pge-nad that we not
paid b Veizcn W relessfran Efatefindng, inducing, if applicable, rdntusirg to Verzm W reless aryfirrisWich VeizonWreless is obliged to rermn to LSAC onaaourd
ofOstorrer in connection with the Pgreanrent
If Wthin tweve (12) n ort s after this Agrame t Is signed by ether fly, Canons has rather rictifiei Venzon Wireless that it has reaived US4Caprora of Efate fprdng
for E -rate Services nor ordered Verson Wireless products and/or services, than Vaizm Wreless reserves the fight to terminate this Pgreerred oath respect to sxh E -rate
Services uponmtten notice to Ostcrner.
In axordanoa Wth the Slate Corhad, Verl Wreiss omrredal invoices shall include separate line itensfa agriprted and nortfiywirefess service
The Ostare is resporsibe for reviemirg the Sigible Satins List ardor contacting U&C wt h questions abxt the digiblity, of specific prodlsser ioas being pudgy
wrier the Pgearmt Verizon Wreless maks m repsadatim a wamady vAeLsoeva wdh respectto the eiObilityd ary parfiala Saviors fa E -Rate firdrg, s such
deerrtiration rest sddy with the Semis and Libraries Divisim d L154C Perry refaece to E -Rate Eligibilitya indigitrlity is rot deanfroUve, but is fa ewe d refaece
aiy.
Amendment Number 1
to
Contract Number DIR-TSO-3415
between
State of Texas Department of Information Resources
and
CELLCO PARTNERSHIP d/b/a VERIZON WIRELESS
This Amendment Number 1 to Contract Number DIR-TSO-3415 ("Contract') is between the
State of Texas, acting by and through the Department of Information Resources ("DIR") and
Cellco Partnership d/b/a Verizon Wireless ("Vendor")DIR and Vendor agree to modify the
terms and conditions of the Contract as follows:
1. Appendix C, Pricing Index, is hereby replaced in its entirety.
2. Appendix D, Verizon Wireless Customer Agreement is hereby replaced in its
entirety.
3. Appendix E, Verizon Wireless E -rate Customer Agreement is hereby replaced in its
entirety.
4. All other terms and conditions of the Contract as amended, not specifically modified
herein, shall remain in full force and effect. In the event of conflict among the
provisions, the order of precedence shall be this Amendment Number 1, then the
Contract.
Remainder of page intentionally left blank
Amendment Number
Contract Number DIR-TSO-3415 Page.1
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BRAZOS COUNTY
COMMISSIONERS' COURT ACTION FORM
DEPARTMENT Road and Bridge DEPT. NUMBER 56001000
DATE OF COURT MEETING: September 20, 2016
ITEM: Consider and take action on the Final Plat of Axis Pipe And Tube, Lot 1 Block 1: 182.731
Acres; L McLaughlin Survey, A-38; (Bryan ETJ) Brazos County, Texas. Site is located in
Precinct 4.
SOURCE OF FUNDS: N/A
NOTES/EXCEPTIONS:
• Owner/Developer — Axis Pipe And Tube, Inc.
• Engineer/Surveyor —Tetra Surveys & Appraisals
SUBMITTED BY:
R. Alan Munger, P. .
County Engineer
CC2016
This Request is Approved _z(or) De
Date: �
ua a Pet J dge
nied by Commissioners' Court
Olt be%jF 0,F
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT(S) FOR THE 2015-2016 BUDGET YEAR
NO. 15/16 51.1-51.4
On this the 20th day of September 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 20th day of September 2016 the Court heard and approved a budget
amendment for the 2015-2016 budget year for Brazos County, Texas; and
WHEREAS, expenditure is necessarydue to the necessity to meet unusual and unforeseen conditions
which could not be reasonably included in the original budget adopted S 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 20th day of September 2016.
THE COAMUSSIONERS COURT OF BRAZOS COUNTY, TEXAS.
Duane Peters, County Judge /
on behalf o�- (\
Original: County Clerk's Office and
Attached to the original budget
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 15/16 - 51.1
9/20/2016
FUNDI DIV I ACCT PROJ
I DR/CR
ACCOUNT NAME Increase Decrease
3300 28050000 67281000
CR
Equipment - Electronic 210.14
3300 28050000 60500000
DR
Equipment 123.83
3300 28050000 67203000
DR
Minor Computer Hardware 86.31
Sheriff Dept. Crime Fund
Reallocation of funds to purchase e ui ment.
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 15116 - 51.2
9/20/2016
FUND 1 PROJ DR/CR ACCOUNTNAME
Increase Decrease
0100 1 61130000 CR Contingency
27,800.00
010091110000 DR Transfer to Ca ital Im rovement Fund
27,800.00
5DIVACCT
450049028000 CR Transfer from General Fund
27,80000
4500 6 72030000 DR Architectural Services
27,800.00
General Fund Contin ency and General Capital Projects
Reallocation of funds from General Fund Contingency to General Capital Projects for the architectural services completed for the Juvenile
Ex anion.
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 15/16 - 51.3
9/20/2016
FUND
DIV ACCT
PROJ DRICR
ACCOUNT NAME
Increase Decrease
3000
48046500
CR
TJJD - State Aid - A
15,597.00
3000
312120 71025000
DR
Contract Services
15,597.00
TJJD - Juvenile Grant
To recogilize
revenue for September 2016 State Aid - exi ienditures to be incurred for YAP Contract.
L �/ '
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 15116 - 51.4
9/20/2016
FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
3000 48047010 CR JTXDOT - SW Plan & Research 60,000.00
3000 424300 72320000 DR Engineering Consulting 60,000.00
To recognize revenue for the TXDOT - Statewide Plan and Research grant - ex endirzes to be incurred for nginecring Consulting.
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PERSONNEL
CHANGE OF STATUS REQUESTS
Commissioner Court Date: September 20, 2016
Department Submitting Information: Human Resources
Purpose of Submissions: Consider and Take Action on Change Requests
a�
Department Submitting Employee Request Action Requested
Request(s) Applies To
Exposition Complex Rodriguez, Richard New Hire
Sheriff's Office — Inmate Commissary Bessette, David Separation
Jenson, Robert New Hire
Approved in Commissioners' Court: September 20. 2016
County Judge's or Commissioner's Signature:
(This Copy to be attached to minutes)