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HomeMy WebLinkAbout2016-11-15 10:00AM REGULAR MEETINGBRAZOS COUNTY BRYAN, TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON NOVEMBER 15, 2016 AT 10:00 AM IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVE., SUITE 106, BRYAN, TX 77803 Invocation and Pledge of Allegiance - U.S. and Texas Flag - Chaplain G.H. Jones and Commissioner Catalena 2. Call for Citizen input and/or concerns Consider and take action on agenda items 3-18: Re -appointment of the following Fire Commissioners for the Emergency Services District#3; term of appointment is 01/01/2017 thru 12/31/2018: • a. Jerry Merker • b. Bill Milberger • c. Charles Rusty Lewis 4. Request from the Expo Complex for out-of-state travel for Lonnie Cammack and Jerry Monarres to attend the 2017 League of Agricultural & Equine Centers Footing in Jacksonville, Florida. Dates of travel are January 19-22, 20101 5. Approval of Acceptance of Donated Inmate Property of items left by inmates at the Brazos County Detention Center. 6. Permission to sell 74 portable, retired radios to BVCOG for $1.00 in accordance with Local Government Code 263.152 (a) (1). 7. Ratification of a variance to the Brazos County On -Site Sewage Facility (OSSF) regulations. 8. Amendment to contract with JP Morgan Chase to reduce the point of sale credit card and signature debit card fees from 2.65% to 2.40%. All other terms and conditions will remain the same. Vol.`�SJ s 9. Amendment and renewal of contract #17-009R Vehicle Graphics with C.C. Creations. 10. Permission to advertise bid # 17-249 Cutback Asphalts. 11. Acceptance of Special Warranty Deed from Jason Lyn Siegert, Trustee for 0.005 acre of land to be used for improvements to Smetana Road located in Precinct 4. 12. Tax Refund Applications for the following: • a. Glenda & Calvert Carter -overpayment -$300.00 • b. Momikapuff LLC -overpayment -$16.42 13. Commissioners Court minutes for the following dates: • a. October 4, 2016 - Regular Meeting • b. October 11, 2016 - Regular Meeting • c. October 11, 2016 - Public Hearing • d. October 18, 2016 - Regular Meeting • e. October 20, 2016 - Workshop Session • f. October 25, 2016 - Regular Meeting • g. October 25, 2016 - Workshop Session 14. Budget Amendments. a. Budget Amendments FY 15/16 59.1 -59.2 b. Budget Amendments FY 16/17 7.1 -7.10 15. Personnel Change of Status. Personnel Action Forms 16. Payment of Claims. 17. Convene into the following Executive Sessions: • a. Executive Session pursuant to Texas Government Code 551.0725 to deliberate business and financial issues related to a contract being negotiated. • b. Executive Session pursuant to Texas Government Code 551.087 to discuss or deliberate economic development negotiations. 18. Consider and possible action on Executive Sessions. 19. Acknowledgement of the monthly reports submitted in October 2016. 20. Sheriff's report on inmate population. 21. Announcement of interest items and possible future agenda topics. 22. Call for Citizen input and/or concerns 23. Adjourn. Vol. � ��� Pg• PUBLIC COMMENTS Public Comment during the Commission Meeting may be for all matters, both on and off the agenda, and be limited to four minutes per person. Persons are invited to submit comments in writing on the agenda items and/or attend and make comment at the Commission meeting. Members of the public are reminded that the Brazos County Commissioners Court is a Constitutional Court, with both judicial and legislative powers, created under Article V, Section 1 and Section 18 of the Texas Constitution. As a Constitutional Court, the Brazos County Commissioners Court also possesses the power to issue a Contempt of Court Citation under Section 81.024 of the Texas Local Government Code. Accordingly, members of the public in attendance at any Regular, Special and/or Emergency meeting of the Court shall conduct themselves with proper respect and decorum in speaking to, and/or addressing the Court; in participating in public discussions before the Court; and in all actions in the presence of the Court. Those members of the public who are inappropriately attired and/or who do not conduct themselves in an orderly and appropriate manner will be ordered to leave the meeting. Refusal to abide by the Court's Order and/or continued disruption of the meeting may result in a Contempt of Court Citation. It is not the intention of the Brazos County Commissioners Court to provide a public forum for the demeaning of any individual or group. Neither is it the intention of the Court to allow a member (or members) of the public to insult the honesty and/or integrity of the Court, as a body, or any member or members of the Court, or County employees, individually or collectively. Accordingly, profane, insulting or threatening language directed toward the Court and/or any person in the Court's presence and/or racial, ethnic or gender slurs or epithets will not be tolerated. Violation of these rules may result in the following sanctions: 1. cancellation of a speaker's time; 2. removal from the Commissioners Court; 3. a Contempt Citation; and/or 4. such other and/or criminal sanctions as may be authorized under the Constitution, Statutes and Codes of the State of Texas. The County Commissioners Court can deliberate or take action only if a matter has been listed on an agenda properly posted prior to the meeting. During the public comment period, speakers may address matters not listed on the published agenda. The Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court. However, responses from the County Judge or Commissioners to unlisted public comment topics could become deliberation on a matter without notice to the public. To ensure the public has notice of all matters the Commissioners Court will consider, the County Judge and/or Commissioners may choose not to respond to public comments, except to correct factual inaccuracies, recite existing policy in response to an inquiry or to ask that a matter be listed on a future agenda. See Texas Open Meetings Act Section 551.042. INVOCATION Any invocation that may be offered before the official start of the Court meeting shall be to and for the benefit of the Court. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Court and do not necessarily represent the religious beliefs or views of the Court in part or as a whole. No member of the community is required to attend or participate in the invocation and such decision will have no impact on their right to actively participate in the business of the Court. The Commissioners Courtroom of the County Administration Building, 200 South Texas Ave., Suite 106, Bryan, TX 77803 is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two working days before the meeting. To make arrangements, please call (979) 361-4102. MINUTES NOVEMBER 15, 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, November 15, 2016 with the following members of the Court present: Duane Peters, County Judge, Presiding; Lloyd Wassermann, Commissioner of Precinct 1; Sammy Catalena, Commissioner of Precinct 2; Kenny Mallard, Commissioner of Precinct 3; Irma Cauley, Commissioner of Precinct 4; Karen McQueen, County Clerk. The attached sheets contain the names of the citizens and officials that were in attendance. Invocation and Pledge bf Allegiance - U.S. and Texas Flag - Chaplain G.H. Jones and Commissioner Catalena 2. Call for Citizen input and/or concerns Nantucket resident Marie Wolfe thanked Judge Peters for taking the time to talk to the residents after Court last week and explaining the Countys position on posting the No Thru Trucks signs. She also thanked Judge Peters for volunteering to speak to the City of College Station regarding the issue. Mrs. Wolfe is requesting that the Commissioners' Court file for the Attorney General's opinion in this matter and allow the Nantucket residents to articulate their position to the Attorney General. Consider and take action on agenda items 3-18: VOi. Re -appointment of the following Fire Commissioners for the Emergency Services District#3; term of appointment is 01/01/2017 thru 12/31/2018: • a. Jerry Merker • b. Bill Milberger • c. Charles Rusty Lewis Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner LLoyd Wassermann. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 4. Request from the Expo Complex for out-of-state travel for Lonnie Cammack and Jerry Monarres to attend the 2017 League of Agricultural & Equine Centers Footing Academy in Jacksonville, Florida. Dates of travel are January 19-22, 2017. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. Approval of Acceptance of Donated Inmate Property of items left by inmates at the Brazos County Detention Center. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. Permission to sell 74 portable, retired radios to BVCOG for $1.00 in accordance with Local Government Code 263.152 (a) (1). A copy of the list is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 7. Ratification of a variance to the Brazos County On -Site Sewage Facility (OSSF) regulations. A copy is attached. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. Amendment to contract with JP Morgan Chase to reduce the point of sale credit card and signature debit card fees from 2.65% to 2.40%. All other terms and conditions will remain the same. A copy of the amended contract is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy Catalena. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 9. Amendment and renewal of contract #17-009R Vehicle Graphics with C.C. Creations. A copy of the amended renewal of contract is attached. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 10. Permission to advertise bid # 17-249 Cutback Asphalts. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 11. Acceptance of Special Warranty Deed from Jason Lyn Siegert, Trustee for 0.005 acre of land to be used for improvements to Smetana Road located in Precinct 4. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy Catalena. Other. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 12. Tax Refund Applications for the following: • a. Glenda & Calvert Carter -overpayment -$300.00 • b. Momikapuff LLC -overpayment -$16.42 Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 13. Commissioners Court minutes for the following dates: • a. October 4, 2016 - Regular Meeting • b. October 11, 2016 - Regular Meeting • c. October 11, 2016 - Public Hearing • d. October 18, 2016 - Regular Meeting • e. October 20, 2016 - Workshop Session • f. October 25, 2016 - Regular Meeting • g. October 25, 2016 - Workshop Session Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Other. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 14. Budget Amendments. a. Budget Amendments FY 15/16 59.1 - 59.2 59.1 Transfer funds from Jail -Administration to Jail -Medical Division. 59.2 Reallocate funds for Juvenile Detention. b. Budget Amendments FY 16/17 7.1-7.10 7.1 To recognize monetary donations to assist with the Employee Luncheon. 7.2 To recognize monetary donations to assist with the purchase of gifts for the residents of the Brazos County Juvenile Detention Center. 7.3 Transfer funds from Non -Departmental to County Attorney. 7.4 Transferfunds from Non -Departmental to CountyAttorney. 7.5 Transfer funds from Non -Departmental to Facility Services. 7.6 Transfer funds from General Fund Contingency to County. Attomey. 7.7 Transfer funds from General Fund Contingency and Non -Departmental to 361 st District Court. 7.8 Transfer funds from Non -Departmental to Information Technology Services. 7.9 Transfer funds from Non -Departmental to Sheriff's Office -Administration. 7.10 Transfer funds from General Fund Contingency and Non -Departmental to Brazos Center. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 15. Personnel Change of Status. Personnel Action Forms A copy of the Personnel Change of Status requests is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Other. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 16. Payment of Claims. Claims 7150130-7150375 Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 17. Convene into the following Executive Sessions: • a. Executive Session pursuant to Texas Government Code 551.0725 to deliberate business and financial issues related to a contract being negotiated. • b. Executive Session pursuant to Texas Government Code 551.087 to discuss or deliberate economic development negotiations. At this point, the County Judge announced the Court would consider items 19 through 22 then return to convene into Executive Session. Having considered the previously noted agenda items, at 10:14 a.m. the County Judge stated that the Court would convene into Executive Session to (a) deliberate business and financial issues related to a contract being negotiated pursuant to Section 551.0725 and (b) discuss or deliberate economic development negotiations pursuant to Texas Government Code 551.087. At this point the County Judge asked Bill Ballard, Civil Counsel if he is issuing a written determination that deliberation in an open meeting would have a detrimental effect on the position of the Commissioners Court in negotiations with a third person. Mr. Ballard responded that it was his determination that deliberation in an open meeting would have a detrimental effect on the position of the Court in negotiations with a third person. He then handed his written determination to be included in the minutes. On motion by Commissioner Cauley, seconded by Commissioner Mallard the Court voted unanimously to meet in Executive session per Bill Ballard's recommendation. The County Judge announced the meeting closed to the public so that the Court could meet in Closed Executive Session to discuss the previously noted items. The following individuals were asked to stay for the meeting (a): Candy Gallego, Executive Assistant Bill Ballard, Civil Counsel Kendra Suhling, Civil Counsel Katie Butler, County Auditor Melissa Perez, Risk Manager Chris Kirk, Sheriff Jim Stewart, Chief Deputy Wayne Dicky, Jail Administrator Sean McCarroll, Sheriffs Office Sheriff Kirk introduced Dr. Clark Ealy and Jon Hall with College Station ISD to the Court The following individuals were asked to stay for the meeting (b): Candy Gallego, Executive Assistant Bill Ballard, Civil Counsel Katie Butler, County Auditor Irene Jett, Budget Officer Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 18. Consider and possible action on Executive Sessions. At 11:57 a.m. the County Judge announced the meeting open to the public and announced that no action would be taken on the Closed Executive Sessions. 19. Acknowledgement of the monthly reports submitted in October 2016. The Court acknowledged receipt of the Extension Service reports submitted in October 2016 and acknowledged receipt of reports from the following County and Precinct Offices showing revenues collected and remitted to the County Treasurer: County Attomey County Clerk District Clerk Justice of the Peace Precinct 1 Justice of the Peace Precinct 2 Justice of the Peace Precinct 3 Constable Precinct 1 Constable Precinct 2 Constable Precinct 3 Constable Precinct 4 20. Sheriffs report on inmate population. Sheriff Chris Kirk stated there were 628 inmates in jail, 549 inmates are male and 79 are female, 42 have electronic monitors and 10 are pending for monitors. 21. Announcement of interest items and possible future agenda topics. Commissioner Catalena announced that the Annual Thanksgiving Employee Luncheon will be on Thursday, November 17, 2016 at 11:30 a.m. at the Brazos Center. 22. Call for Citizen input and/or concerns There was no citizen's input. 23. Adjourn. The foregoing minutes of the Commissioners Court meeting held November 15, 2016 have been examined and are approved in open Court this I3 fA day of 1, eA&yt,6eY- , 2016, in Bryan, Brazos County, Texas. IL) L::: �' Duane Peters County Judge Jv C;aXeZna Commis over, Precinct 2 Attest: Karen McQueen County Clerk h' aw Lloyd WaAermann Commissioner, Precinct 1 Kenny Mallard v Commissioner, Precinct 3 Vol. `5 — 1'�• --�--- P.1 of BRAZOS COUNTY COMMISSIONER'S COURT DAY OF V40::j� I A41 MA* -f -; Name C�U %At,ke-(t yy N \ no N\ean.5 t& l) ( - 20/, Organization k) a 4i-u.ckj— COLLIF66 57A-77ofJ / S D 3vc-0 h\la e4-tc SIL ��6D�lJ(x�-- Pg,g- of 3 BRAZOS COUNTY COMMISSIONER'S COURT )S -d. -,DAY OF 01/ AMS Name (PLEASE P TT) L - 4�(l t f�LiylaZ 1)VXliii--Yw SaIA, dlr 2016 Organization (PLEASE PRINT) /�A )1 y C F- t. 9cFVA �, Uf 6s J/0:& 4 ' Vol. �5� t�: L1. Pg3— of BRAZOS COUNTY COMMISSIONER'S COURT 54- DAY OF , /0w AMS Name 206 Organization (PLEASE PRINT) Ivol. pQ--L1—Ll Consider and take action on a request for a variance to the Brazos County On -Site Sewage Facility ("OSSF") regulations to allow an aerobic system on less than one (1.0) acre tract. BACKGROUND The owners of the property located at 6824 S FM 2038, Bryan, Texas, recently purchased this one half (0.5) acre tract of land with a single family residence. Prior to the current owners' purchase, an aerobic septic system. was installed on this property. At the time of installation, the property did not meet the minimum acreage standards for a septic system in Brazos County. However, the system's installation was inspected and approved by Brazos County staff. According to representatives of the parties, other than not meeting the minimum acreage requirement, the OSSF system otherwise meets all other aspects of the current OSSF regulations. ACTION The Brazos County Commissioners' Court hereby grants a variance to the minimum acreage requirement of the Brazos County On -Site Sewage Facility Rules and Regulations. No other variances to the regulations are hereby granted. Duane Peters Brazos County Judge Date: •n :� A � pS,. � d � � ci maCm04�oome �a ° $ ��' rb rid Q��o ni h �,.° p� " 888 � �• �P F i � o m �g.: mono All f ca x U a Mp{tKEf FgRM TO 38 SO(1� pow.- �2o155B N �NDO� w iV OaON Y n a�nnuvmI KO JJU Y 4, EH p� tit Jill snoN 3WMld DOOM § N ANO1S 3NO W N 313 o ry m �12 oa N ao B� ,9b'6L M .90,4£.Sb N J32 .4PGNO �R r oa za- pys JNI 0 �7 Vol. SI.Sr'y. �2Cy a Document Checklist I JPMORGAN CHASE BANK, N.A. 20 October 2016 BRAZOS COUNTY TEXAS 300 E. 26th, Suite 313 Bryan TX, TX 778030000 USA Thank you for choosing JPMorgan Chase for your banking needs. Below is a list of documents contained in this package that pertain to the products and/or services you have requested, with instructions for each document. In striving to deliver best -in -class service, we encourage you to complete and return any of the attached documentation requiring signature within 5 business days from the day you receive this package. Please let us know if there is any way we can assist you. We understand that on occasion this timeline cannot be met due to other priorities, the complexity of requirements, and/or the availability of authorized signatories. In such cases we kindly ask that you advise us when we can anticipate receipt of the documentation or if there is any additional support we.can provide. Timely receipt of the documents enables us to better complete your request in the desired timeframe. For your protection, where documents in this package are being sent as e-mail attachments and have been pre -filled, the account and/or SSN/TIN number has been truncated to the last 4 digits, or the documents have been encrypted and may require a password to open. We at JPMorgan Chase are fully committed to meeting your banking needs. We are happy to answer any questions you may have regarding the attached documents. If you need assistance, please do not hesitate to call. Kind regards, Jessica Braun 847-488-8288 jessica.braun@chase.com Chase Card Services/Insurance Services Elgin2500 Westfield Drive2nd fl Elgin, IL 60124-7836 uu em rveme st _:. ID Instructions .:_: Pay Connexion Change Request 1 c,,. Complete, sign, and return PN: 1288168 Vol (X5 P9. Page 1 of lip', I 101 N PAY CONNEXION SERVICES PCX PRODUCTION APPLICATION CHANGE REQUEST "10-04-2515 JPMORGAN CHASE BANK, N.A. Client Name: BRAZOS COUNTY TEXAS CHANGE REQUEST We recognize that the dynamic nature of the customer's business model may necessitate standard changes to be made to aspects of the solution. This document is intended to gather information necessary to make standard changes to your Pay Connexion solution. Please return this completed form to paw connexion client services(o)iomcha or fax to (877) 521 - 1132. Requests for standard features available in the application will be delivered without additional charge for the first 30 days following the launch of an application. Non-standard changes, that require custom development, will require a Statement of Work as an addendum to the original contract, to be signed by both parties prior to any work start dates. All custom work will be billed at time and expense. Charges will apply for assessment, requirements gathering, detailed design and development, testing, and migration. A list of features that may require additional add-ons to your request are listed on the last page of this document. PROCESS Once the Change Request document is received, the JPM Pay Connexion Client Service team will contact you to discuss any open questions, Possibly asking you to complete a shortened version of the Requirements Document you completed during implementation. Once all questions have been answered, costs will be detailed in the Change Request Form (if any) sent back to you for signature. The timing of the changes you require will be evaluated by the Pay Connexion Client Services team, with a specific timeline developed for the change requested. The timeframes begin at the point at which all changes are finalized between you and the JPM Pay Connexion Client Services team. Once JPM obtains the necessary signatures, the work will be placed in the queue for development. Please note that all Pay Connexion change requests are Implemented on Wednesday's at approximately 8:00 PM ET. NOTE: Do not make any changes to your application (session transfer, pre -registration file, real-time payment confirmation, backend systems, etc) without coordinating the changes with the JPM Pay Connexion Client Services team. TESTING Testing is not available In your production application for any changes requested. If you require a test prior to changes being made, you may need to establish a 'Permanent Test Biller' in order to test the change. The JPM Pay Connexion Client Services team in conjunction with your Sates Representative/Relationship Manager can provide additional information regarding the testing available for your specific changes. PN: 1288168 nnr in. i I P, 1111!I Customer information Company Name Contact Name Phone Number Email Address Biller Group ID Biller lD Product Description Requested Implementation Date (M/DNYYY) JPMC Treasury Services Officer (TMO) BRAZOS COUNTY TEXAS Leslie Williams N/A NIA N/A TBD - Andy Sowa !! M Change Request Specifics Please provide the details of the change(s) required: Change#1 I Update the fee from 2.65% to 2.4% for the onsite terminals Change #2 Change#3 Change #4 PN: 1288168 DDC In. t By indicating yes to the question below, you are indicating that you would like testing performed using a test biller configured in our production environment priorto the deployment of the above change request. Do you require production testing to be performed prior to the deployment of this change request above? YES ❑ NO Authonzatlon The customer above approves the work listed in the Standard Change Request Specification Sectlon of this Change Control Form. Your signature gives JPM the approval to perform the necessary changes. Authorized signors are defined in the Authorized Signer form and undersigned by a duly authorized officer or representative of the customers organization and are kept on file with JPM Pay Connexion Client Services, Authorized Signor Verification (Performed by Pay Connexion Client Services— Will be Notated in the BIM Ticket] Naime. � Katie Conner /OUn / /% / /✓ Duane Peters } , /' l 1b, rim Laura Taylor Davis tit�JJ Vol. __ _ Pg�. PM 19AAIFA nnr m� � inn Foati ra Sat PN: 1288168 DOC ID: 1 Vol. -rte{ `/�/ pg pS `✓ There are certain feature add-ons that may require the customer to add other items, or change items, because of the intra -dependencies between feature sets. These are noted below. Feature - Requirements — Creation of a Pre -Registration File which is sent encrypted to JPM Registered User IVR — Receipt of a Pre -Registration Response Fife which is sent encrypted from JPM — Telephony programming by the customer if transferring from an existing IVR or PBX to the Pay Connexion IVR application — Registered IVR cannot be used with the Un -Registered IVR in the same application — A collected parameter is required that will be used for both posting of payments on the back -end as well as to cancel a payment ser IVR — Telephony programming by the customer if transferring from an existing IVR or PBX to Lbiller's the Pay Connexion IVR application — Un -Registered IVR cannot be used with the Registered IVR in the same application L — Development to send payer payment information to Pay Connexion, either through an HTTPS POST or Web Services Web graphics need to be designed for the logo and banner that are used on the Pay Connexion web site — Use of Web Services WEB Session Transfer Return Session Transfer — Use of Web Services WEB Session Transfer ACH — Full risk assessment if not currently a JPMorgan Chase DDA account holder — For unregistered users, the use of a shared secret for authentication (Biller Payor 10) is required for all unregistered and self -registered users — Merchant Agreement with Chase Paymentech If also using convenience fees, discussion with Chase Paymentech Account Manager is required to validate convenience fee set-up against the current card association rules for compliance. — If processing on the Salem Platform: Payment Cards 0 Remittance time must be 11:00 pm, 1,00 am or 6:00 am o Payment Card Cut-off time should be 8:00 pm in order to properly reconule with Chase Paymentech — If processing on the Tampa Platform: o Remittance time should be 6:00 am o Payment Card Cut-off time should he 4:45 am to properly reconcile with Chase Paymentech — Customer must be on the Paymentech Salem platform ATM as a Payment Card Option — Customer must sign an ATM Network agreement with Chase Paymentech — Customer must already accept Credit/Debil cards RTPC — Application development required by the customer to accept the HTTP messages and respond back to Pay Connexion. Variable Recurring — Creation of a Pre -Registration File which is sent encrypted to JPM — Receipt of a Pre -Registration Response File which is sent encrypted from JPM — We recommend that the customer translate their own WEB screen labels or IVR. Alternate Languages phrases. — If the customer is unable to provide translations, JPMorgan Chase can have the customer's phrases translated PN: 1288168 DOC ID: 1 Vol. -rte{ `/�/ pg pS `✓ I IV 1,1111 Feature Set Dependencies There are certain feature add-ons that may require the customer to add other items, or change Items, because of the intra -dependencies between feature sets. These are noted below. Feature -- Requirements Electronic Statements (wlout Images) - Creation of a Pre -Registration File which is sent encrypted to JPM - Receipt of aPre-Registration Response File which is sent encrypted from JPM - Creation of a Pre -Registration File which is sent encrypted to JPM Electronic Statements (w/Images) - Receipt of a Pre -Registration Response File which is sent encrypted from JPM - Creation of a Statement Image Archive File which is sent encrypted to JPM - Receipt of an Image Response File which is sent encrypted from JPM Paperless Enrollment - Must allow pre -registration of end payers - Receipt of a User Activity File which is sent encrypted from JPM Real Time Payer Registration by the Client - Use of Web Services WEB Session Transfer or Web Services ADMIN Session Transfer I PN: 1288168 DOC ID, 1 Vol. �DZL Pg. _ cl 2— _ j Pay Connexions'" Service Terms I JPMORGAN CHASE BANK, N.A. VOi -09-13 .Service and Service Terms. These Service Terms apply to JPMorgan Chase Bank, N.A. f"Bank") Services for Pay Connexion"' provided to Brazos County ("Public Sector Entity"). Bank's account documentation, including account terms and conditions governing .fi e.operation of business accounts and services as well as other applicableservice terms, (collectively, ' ,Account Documentation'), are incorporated into these Service Terms by this reference,. Capitalized terms used herein and-not.otherwise defined shall have the same meaning specified in the Account Documentation, Definitions. 2 7 "API' or 'Application Programming Interface" means an interface implemented by a. software program that facilitates interaction between the Service and Public Sector Entity's software programs. For example; API Includes a message request sent from the Service to anothersoftware,program end a message response from one software program backtothe Service. 22 "Authorized User" means a designated employee or agent of the Public Sector Entity. `Call Center" means Bank's customer service operations, as applicable. 2A "Card' is an ,account. or evidence of an account, authorized and established between a Payor and a Payment Brand, or representatives or members of a Payment Brand that Public Sector Entity accepts from Payors as. payment for a good or service. Cards include, but are not limited to, creditor debit cards, stored value cards. loyalty cards and electronic gift cards. "Convert once Fee(s)' means a charge to -a Payors Card'or checking or savings account for the convenience of using the payment channelsoffered via the Service, which Includes the Internet, Pointat-Sale, IVR,Cal), Center, and API, as applicable, where such charge is collected by Bank,: including as agent on behalf of Public Sector Entity, if applicable.. 3,6 "Image File" means, if applicable, an: electronic file containing a summary or detail. Statement or payment information, 2.7 "IVR" means the Bank-providedinteractive voice response system. 28 "Merchant Processor' means the provider of services necessary to authorize, process and settle, as applicable, Payors' Card transactions contemplated hereunder. 2.g "NACHA' means the National Automated Clearing House Association. .2 7Q `NACHA Rules' means the operating rules and guidelines of the National Automated Clearing House Association. 2:11 "Payment Brand" is any payment method piovider whose.payment method is accepted by Merchant Processor far processing, including, but not limited to Visa, U.S.A., Inc., MasterCard International, Inc., Discover financial Services;. LLC and other credit and debit card providers,. and debit network providers. Payment Brand also includes the -Payment Card Industry Security Standards Council. 2 is 'Payment. Brand Rules" are the bylaws, rules, and regulations, as they exist from time to time, of or required by the Payment Brands, 2 03 'Payor' means consumer or business customers of Public Sector Entity who access the Poirit-ofSale, IVR, Call Center or the Internet, as applicable, to initiate. payments to Public Sector Entity, Where applicable, Poyoralso means the person or entity to whom a Card is issued orwho.is otherwise authorized to use a Card. 2 1.1 `Payor Information" means Information related to a,Payor or the Payor's Card, that is obtained. by Public Sector Entity or Bank from the Payors Cardor from the Payor solely in connection with his or her use of a Card (e.g., a security code, a PIN number, Credit limits; account balances, or; the Payer's zip code when provided as part of an addressverification: system). Without limiting the foregoing, such information may include the Card account number and expiration date; the Payors name or date of birth, PIN data, security code data (such as. CW2 and, GVC2), and any data read, scanned imprinted. or otherwise obtained from the Card, w)iether.prinled thereon, or magnetically, electronically, or. otherwise stored thereon. For the. avoidanceofdoubt, the data elements that.constilute Payor Information shall be treated according to their corresponding meanings as "cardholder data'. and "sensitive authentication data' as such terms are used in the then current Payment Card Industry Data Secunly,alandards (`.PC) DSS"). 2.15 "Point -of -Sale" Or 'POS' means electronic payment system used in Canl,pfesent transactions to verify and process Card information. 1. 'Public Sector Entity Website' means a web site ownedoroperated by or on behalf of Public Sector Entity. 7.. t 7 "Rules and. Regulations'means. the NACHA Rulesl the Payment Brand Rules. at other applicable association oCclearinghousemiles, the Security Standards, and all other applicable laws, regulations and industry rules, each as amended from time to time. t l:; 'Security Standards' are all rules, regulations, standards or guidelines adapted or required by the Payment Brands or the Payment Card Industry Security Standards Council relating to privacy, data security and the safeguarding, disclosure and handling of Payor Infomialion,-including but not limited to the(PCI DSS, Visa's Cardholder Information Security Program ("CISP'), Discovees.lnformation Security & Compliance Program; American' Express's Data Security Operating Policy. Mastercard's Site Data Protection. Program ("SDP'), Visa's Payment Application Best practices CPABP"), the Payment Card Industry's Payment Application Data Security Brazos County Pay Connexion Service Terms Page 1 of 20 Standard ("PA OSS'), MaSlarCam's PDS Terminal Security program and the Payment Card Industry. PIN Enhy Device Standard, in each case as they may be amended from time to time. ?.19 'Service(s)" means the specific service(s) provided by Bank more specifically described in the service.level agreement("Service Level Agfeement' of "SLAj attached hereto as:Exhioi -A and inccrporated by reference. the statement of work{5taterrentof Work') and L116 Implementation. que$tionnaire that will be completed by Public Sector Entity and Bank subsequent to execution of the Service Terms. The Services include a payinentsolution.that allows'Payers to inil)aoi paymenis)o PublicSedor Entity via they Internet.. Point - of -Sale, IVR or Call Center. access to the Technology; reporting and analysis capabilities, and if applicable, electronic statement presentment. 2.20 'Service Start Date" means the dale the Public Sector Entity Websi e .Point -of -Sale;, lVR or Call Center application, as applicable, is activated. 2,27 if applicable, a bill or,invoice,.as. applicable, or comparable request for payment, prepared and sent to Payers by or on behalf of Public Sector Entity. 422 `Technology" means, Bank's:(or its licensors) Point-ef-Sale, IVR, API and/or web -based applications, -as applicable. which have been designed. to facilitate P,ayorinitiated payments retaking. to various iransactions entered into between Paycrs and Public Sector Entity, via telephone to Call Center orNR:. Paint -of -Sale, or the Internet, using as applicable, Cards, or via automated clearing house ('ACII') and may includecustomer service support, reports, software,. and software tools, user Interface designs, and documentation. end any derivatives, improvements, enhancements or, extensions thereof. 1.23 'Tenn" shall mean the Initial Term and any Renewal Term(s) as defined in Section 8.1, unless earlier terminated in •accordance with Section 8.2. 3. Responsibilities; Suspension/Cancellation of Service. 3.1 Public Sector Entity Rasponsibiiil;es, Public Sector. Entity agrees to, at.its soleexpense and consistentwlth the Rules and Regulations: (a) maintain thePublicSector Entity Websile, IVR and API„as:applicable,.as well as the actual hhks:and session hansfsr;capabihties; (b) maintain the URLs to which Payors am returned after completing a payment transaction for the Servicesvia the Internet; (c) provide Bank with all information reasonably hecesswy to -setup or establish the Service on Public Sector. Emlty's behalf, including but not limited to completing the Statement of Work and Implementation questionnalre,documentabon and using commercially reasonable efforts to ensure its vendors, if applicable, cooperate fully With Bank to:achieve Inter -operability of the Technology and.Services with Pubfc.Seclor Entity's or its vendors. hardware, (d) maintaintheconfidentiality of any passwords, tortes, digital certificates, security devices and related instructions for use of the Services, and if Public Sector Entity believes or suspects that -any such intonation or instructions have been accessed by unauthorized persons, Public Sector Entity shall promptly notify.Bank and advise Bank as to the affect of the security breach and the corrective actions to be taken to restore of verify security (e) advise each Authorized User of his or her obligations under these Service. Terms -and of the license restrictions setforth herein (n if applicable, provide Payors with all required disclosures pursuant to the Rules and Regulations and as otherwise agreed to by the, parties, including but not limited to. where Public Sector Entity is accepting PDS Transactions, ensuring that all required disclosures relating to. Convenience Fees are made by Public. Sector Entity to each Payorat the poinl;of-sale imaccordance with the requirements' of Exhibit D (Public.Sector Entity shall cattily its.compliance with.the disclosure raqurrements.in writing to Bank on an.annual basis); (g) if applicable, provide proper attribution of the Technology and Services toa'Bank as detebnined by Bank, (n) provide- appropdam.and,suf lcient data to authenticate Payors, intruding but not limited to delivery of data that will be (1) validated by,the Service -when a Payor is attempting access,:(2) used to perform the authentication of the:Payor whentheService is not providing the authentication; and (3) used to validate the Payer after a successful session transfer for ACH transactions; (i) maintain the: confidentiality of any passwords, <odea.digital certificates, security devices and related instructions for use of the Services, and If. Public Sectof Entity believes or suspects that any such information or ioslruclions.have been accessed by unauthorized persons, Public Sector Entity shall promptly notify Bank and advise Bank as to the affect of the security breach and the correcliveractions to be taken to restoreorverify security; Q)' be. responsible for all chargebacks, except chargebacks'of Convenience Fee ;payments; where charged and collected by, and settled to, Bank; (k) execute the attached. Exhibit C -Merchant Payment Processing Instructions and Guidelines; incorporated by,reference; and (I) pay all Fees and charges applicable to the Service. All payments to the Bank shall be in full, without set-off or counterclaim and free of any deduction or withholdings related to any tax or other claim. All services required by Public Sectof Entity not listed: in a Statement of Work will be charged at Bank's standard prices. All requests for additional development or changes will follow the standard Pay Connexion change request process. Bank may impose, charge and adjust.fees associated with the Service Includingbut not limited to; any applicable maintenance fees. Public, Sector entity shall not: (A) engage in spamming, mail bombing, spoofing or any other frauduleot,lllegal or uhauthodze'd use of the Sewices; (B) alter; translate, create derivative works from,.reverse engineer,. disassemble or decompile the Technology or Sawices;'(C) knowingly Introduce or transmit through the Technology or Services any virus. worm, software lock, drop dead device. Trojamhorse routine. trap door, backdoor, timer, time'borob, clock, counier•Or other inviting routine, instruction or design or any olnercodes orinstructions that maybe used to access, modify; delete, damage, disable or prevent the use of the Technology or Services or other computer systems of Bank; (D) remove, obscure or alter any copyright notice, trademarks or other proprietary rights notices affixed to or contained within the Technology or Services without Bank permission; or (E), engage in or allow any action involving the Technology or Services that is inconsistent with these Service Terms and all functional specification documents that are or will be provided to Public Sector Entity by Book. 1.2 Bank Responsibilities Associated with toe Services. Bank agrees,, consistent with the Rules and Regulation, that it will not (a) engage In spamming, mailbombing,. spoofing or any other fraudulent', illegal or unauthorized use of the Services; or (b) knowingly introduce or Imnsmitthrough the Technology or Services, any virus, worm, software lock, drop dead device, Trojan -horse routine, trap door, back door, timer, timebomb, clock, coupler or other limiting routine, instruction or design or other codes or instructions that may be used to access, modify„delete; damage, disable or prevent the use of Public Sector Enilty's computer system. Brazos County Pay Connexion SBMce Terms Page.2 of 20 7.3 INi hdraival of AcrossrSusP'nsion aLSendce. Bank may, in.its raasonable discretion, instruct Public Sector Entity to terminate access to any,. or Individual and.Public. Sector Entit 'a rees topromptly,corn with such instructions. Bank reserves the right y y 9 PY to deny. suspend or revokeaccess to the Services, in whole of in part, if Bank.believes Public Senor Entity andfor its Authorized Users are in breach of these Service Teams or are otherwise using or accessing the Services inconsistent with the terms: and conditions hereof, Funhen Bank shall h"ave the right to suspend the Service Immediately in the event of an emergency or in the. event of force Majeure. a Payment Processing. a. t ACH Processing. Bank will initiate ACH entries to the checking or savingsaccounts of Payors who opt to pay using ACH transactions. Terms used herein but which are not definetl`in these Service Terms or the Account Documentation, have the a}eaning5 given those terms in3he NACHA Roles. Public Seclor Entity (as Originator) and Bank agree.to be bound'by the,NACHA Rules in effect from time to.time:and shall comply with same. Public Sector Entity agrees not to close the'accounl(s) designated as Public Sectar Entity's settlement account (as used herein, individually and collectively,'Sehlernenl[A'ccoumt , which Settlement Account shall be at Bank, without giving Bank at least five (5) Business Day's prior written notice and substitution of another Settlement Account. As used herein, "Business Day" Is defined as Monday through Friday, excluding Federal Reserve Bank holidays. Public Sector Entity authorizes Bank to inillaterelectranic debit and credit entries and.adjustrrents to the Settlement Account without respect to the source of any monies in the Settlement Account, This authorization shall remain in full force and effect until termination of these Service Terms. Bank shall not be responsible or liable for any delays in receipt of funds or errors in SettlementAcMunt entries caused by Public Sector Entity, Payors or third. parties. In preparing and transmitting ACH entnesi Bank may rely upon all information and data provided to it via the Service forany Payor, and Bank shall have no responsibility or liability for the inaccuracy or invalidity thereof. 42 Card Processing. Payor payments generated pursuant to the terms of these Service Terms from Card transactionswill be tendered to Merchant Processor. <.? Convenience Fees. (a) Public Sector Entity instructs Bank as follows with respect to all Conbenlence Fees charged by, collectedby: and settlecito Bank: (i) all Convenience Fees will be submitted by Bank to the Merchant Processor or through the ACH Network, as applicable, iii) all evidence. and electronic record of a sale or lease tramachorr-(>Sales. Data') representing payment by use of. a Card or of a refundleredip to a"Payor will be submitted by Bank on behalf of Public Sector Entity to the. Merchant Processor or through the ACH Network, as applicable, (iii) all Merchant Processor processing fees,:chargeback fees, funds transfer fees, interchange fees_, dues; access, connectivity, and. assessmentfees,'or other fees that may: apply to 'submission of'. Convenience. Fees: and Sales. Data shall be paid by Bank, iv all chagebacks, returns and similar chargesrelated'to Sales Data shall Se paid by Public Sector. Entity, (v) all chargebacks, Processor directly to the Settlement"AccounP,.and (viii) Bank may change the:Convedience Fee being charged at any time. (b) For a) Convenience Fees charged by Public Sector entity, collected by Bank on behalf of Public Sector and settled to Public Sector Entity. Public Sector Entity shall pray all Merchant Processor processing fees, chargeback'iees,:funds transfer fees, interchange fees, dues, access, connectivity, and assessmentfees; cr othen fees that may apply to submission of Convenience Fee and.Sales Data, and all chargebacks, returns and similar chargesrelated toConvenience Fees and Sales Dana. Statements,(If Applicable- Statement Presentment is an optional service. This Section 6.-vAll apply only where Public Sector Entity and Batik have documented acceptance of the Statement Presentment Seriicein an SOW , implememation.quesfionnziie, or otherwise In writing). (a) At an,agreed upon timefollowing each billing cycle, Public Sector Entity shall.electronimlly transmit to Bank an Image- File containing ,pdf images of the Statements they wish to have presented They will also pass this image idenliBration In the Pre- Registraion file where it will be associated it with a Payor. Bank shall store fireimageon-line for 18. months. Bank shall have no obligation to act upon any Image File it Is unable to verify. (b) Public Sector Entity shall be responsible for the accuracy, adequacy and proper toren of all Image Files andother data and .Information soplot red -by Pobkc Sector Entity to Bank-and.Pnolic Sector Entity shall notify Dank of any error`or discrepancies promptly upon Public Sector Entity's discovery or knowledge thereof, Bank shall have no responsibinty or liability for any errors or inaccuracies contained in any Image Flte or other data or Information received from Public Sector Entity. (c) Public Sector Entity shall immediately notify Bank if Public Sector Entity revokes enrollment of any Payor, suspends or cancels any Payor or otherwise suspends or terminates any Payors access to the Service. 52 Statement Notification (a) Public Sector Entity shall be responsible forihemccuracy, adequacy and, proper data for all notification email data. Bank will send out stalementnotificafion email$ to the Payor as -specified by Public Sector Entity. Bank shall have no responsibility or liabilityforanyerrors or inaceuracies:continued in any notification related date at infomnation received from Public Sector Entity: Inteflectual Properly Ownership, These Service Terms -do -not transferlo Public Sector Entity any 'owner - ship, intellectual. property or proprietary rights in the Technology or any work or any part thereof. or copyright,-trademark,i patent riht, etc., and all right,. title and interes(In and to the Technology -and intellectual property will, remain solely with`Sank or its licensors. -Bank hereby grants Public Sector Fnhty tfie-non-eicdusive,; non assignable:. non -sub licensable right to display the J.P. Morgan Logo (a) in a form to be provided by Bank, (b) solely; on Public Sectar Enhty's Internet website and (c) solely' in connection; With Public Sector Entity's use. of Bank's Pay Connexion product as described In these Seryice Terms (the "Permitted Purpose").: PublicSector Entity will use the J.P. I'organ,Logo only for the Permitted Purpose and only in accordanoe.with any quality standards and specifications supplied orapproved Bank. Public Sector Entity.will, upon Bank's request, (a) submit to Bank for prior approval all proposed uses Of the J.P. Morgan Logo.and (b) provide to Bank samples of existing uses of the J.P. Morgan Logo and any other documents or information which may permit Bank to determine If Public Sector. Entity's use of the J.P. Morgan Logo meetsquailty standards and specifications and directions supplied or eforoveiJ by Bank. Ownership of the J.P. Morgan Logo and the goodwill relating thereto shall remain vested in.Bank both during the Brazos County Pay Connexion Service Terns Page J of 20 Vol. ,�_--/TPg./� period of these Service Terms and thereafter. Any use of the J.P. Morgan Logo. by Public Sector Entity shall Inure loahe`bene@ of Bank. Public Sector Entity grants Bank a non-exclusil limited license to use Public Sedor Entity's name,, trademarks, service marks, symbols, logos..domain.names and trade names, as appfcable, for use in connection with the provlsionof Services. Warranties, Indemnity,.Disclairners and Limitations of Lialatily. ?.1 Public Sector Entity Warranty and Reimbursement. Public. Sector Entity is deemed to provide to Bank the same warranties.to Bank that Bank Is deemed to make under the NACHA Rules, and as between Bank: and Public Sector Entity, the Bank will have no responsibility with respect to matters so warranted. Public Sector Entity shall not be deemed to warrant., however:: Q) the power of Bank under applicable law to comply with the requirements of IN NACHA Rules; or (f) the conformity of debit entries transmitted -by Bank to the File specifications contained, in the NACHA Rules. Public'Sector'Entity further represents, warrants and covenants that; (a)'Public Sector Entity shall comply with the Rules and Regulations applicable to Public Sector Entity; (4) Public Sector Entity has the authority to enter, into these Service Terms and perform its obligations hereunder', and (c) Public Sector Entity will not use. or include the full Social Security number of any Payor as a:customer identifier In for any other purpose related to the Services: In the evem,that Bank incurs any damage, liability, fee, fine assessment.or.penally ('Loss7_ as result of: ty of (1) breach by Public Sector Entiany warranty relating to the NACHA Rules, or (2) Public Sector Enhty'sbreach or violation of the Payment. BrandRulesor Security Standards; then Public SectorEnhy, shall reimburse Bank upon demand for all such {osses. Should.Pubiic Sector Entity receive notice of any claim regarding the Services, Public Sucton Entity shall promptly provide Bank -with a wnit emnotice of such claim. '.'_ Bank Warranty. Bank warrants that (1) Bank has the authority to enter into these Service Terms and.perform 'its obligations • hereunder; (ii) Bank shall comply with the Rules andRegulations applicable to Saek`as provide? of the Services; and (iii) the Services will substantially conform to -the specifications set forth in the SLA or.any SOW, as applicable. i.3 DISCLAIMER. EXCEPT ASSET FORTH ABOVE IN SECTION.7.2, BANK.MAKESNO REPRESENTATIONS OR;WARRAMIES, WHETHER EXPRESS, IMPLIED OR STATUTORY REGARDING -OR RELATING TO ANY OF THE TECHNOLOGY OR SERVICES AND)OR ACCESS TO OR USE OF THE SERVICES OR TECHNOLOGY PROVIDED TO'PUSLICSECTOR'ENTITY HEREUNDER: BANK SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY. FITNESS FOR A PARTICULAR PURPOSE AND. NONINFRINGEMENT. BANK ALSO DOES', -NOT GUARANTEE THAT PUBLIC SECTOR..ENTITYS ACCESS TO THE SERVICES. PROVIDED HEREUNDER WILL BE UNINTERRUPTED, ERRORFREEOR SECURE, BNK DOES NOT WARRANT THE ACCURACY, RELIABILITY; COMPLETENESS OR TIMELINESS OF THE. CCNTENT OF INTERNET WEBSITES OR OTf IER DATA RECEIVED BY -PUBLIC SECTOR ENTITYOR PAYORS VIA THE INTERNET. 74 Limitation of Liability. Bank's liability for any loss or damage -arising out of or relatedto these Service'Terms (whether arising out of thi(d.partyclaims, breach of warranty,.orothenvise), regardless of the form of action, shall. be limited to direct damages resulting from Bank's gross' negligence or willful misconduct in providing the'Services, Bank shall, be entitled to rely on; the.coment. accuracy and eompleteness,of all informAten and data supplied to Bank by Public Sector.Enlily, Public Sector entity shall be solely liable for the security and integrity of all information and data supplied or transmitted to Bank including during transmission to Bank: Consequential Damages. Except for liability of the parties arising under the NACHA Rules, neither. parry shall be liable foranyspecial. incidental; indirect, punitive, -exemplary or consequential damages whatsoever Including, but not limited to, damages for lossof revenues or profits, for business interruption, or for lossofprivacy) arising out of or in any wayrelaled to these Service Terms or the use of of inability, to use the, Services regardless of the form of action and even -If advised of the possibility of such damages. Any Lees, fees; penalties or assessments imposed by the Payment Brands related to the provision of Services shall not be deemed to be consequential damages. 8: Term and Termination. 3.1 Term. These. Servlce Terms will be effective commeecing,on the Service Start Date, and continuing .for three (3) years (Ihe'Initial Term'). Followingthe Initial Term; these Service Terms will automatically renew for successive one-year terms (each, a'Renewal Term') unless (a) terminated earfier asset forth below, or (b) either paily notifies the other of.its desire to. terminale the Service Terns at least sixty (60) days priorto the expiraiioli of.thii rilial Term br the then current Renevia)Tenn. 3.1_ Termination, These Service Terms may be terminated as follows: (a; If Public Sector Entity fails to make any payment due, if applicable, hereunder, and.falls to cure such breach within thirty (30) days:afer receiving wiitieri notice from Bank, therm Bank'may-immediately and without further notice, terminate these service Terms. tit) Except as seeforth in subsection 8;2(a) above..1 either party materially breaches :any term or condition of these Service Terms and falls tocure such breach within sixty (60). days after receiving written noticeof the breach, the non -breaching: party may terminale on writtennotice at any time:following the end of such sixty (60) daypedod. {c) Either party may terminate these Service Temis upon written notice to the non -terminating -party in the event of the. non- temrinating pady's inability to meet its debts as they: come due, receivership or voluntary or Involuntary bankruptcy or the institution of any proceeding thereof, or any assignment for thebenefit of the non -terminaling party's creditors, or a determination by terminating. party, in its reasonable discretion, that the financial condition of the non -terminating parry has become materially impaired, (d) Bank may terminate these: Service Terms upon not less than one hundred twenty (120) days prior written notice to Public Sector Entity. if Bank ceases to provide the Service to its customers generally. tut Bank may terminate these Service Terms in.the event Bank makes good faith deterrrlinatlon;thatPublic Sector Entity's use of the Service or any potion is in violation of Rules and Regulations, in:which-case Bank shall termlhate these Service Teims immed{alely; but shall use reasonable diligence to give as much advance notice as feasible, and where commercially feasible under the circumstances, shall give Public'Sector Entity a reasonableopportunity to cure prior to any such termination. Brazos County Pay Connexion Service Toms Page of 20 8.? Effect of Tionruna lion, Upon termination or expiration of. these Service Terms, all rights to the Services and Technology, iricedmg, but no( limited to and access; will automatically terminale, Public Sector Entity will disconllnua.its use of the Services, and Technology, and upon request from Bank, will return to Ban,k any and all Services; equipment. software, documentation, Technology or of her deliverables provided to Public Sector Entity by Bank, ineluding:aoy copies thereof held by Public Sector Entity. The provisions of sections 7 and 9 shall survive -termination of these Service Terms. g Confidentially, 91 Bank Informa fon. Public Sector Entity acknowledges that the Technology and. Services contain valuable trade secrets and other nonpublic or' proprietary inlonmation which is thesole[ property ofthe .Bank or its licensors ("Bank Confidential Information'),. and Public Sector Entity agrees to hold same in .confidence and disclose only to those employees or agentswhose. duties .reasonably require access to same. Public Sector Entity will use the same care and discretion to avoid unauthorized use; disclosure, publication, access or dissemination of Bank Confidential Information received from Bank or through the Service as Public Sector Entity uses with its own similar information (but in no event lessthan areasonable: degree of care). 9 2 Public Sector Entity Information. The Bank acknowledges that Public. Sector Entity's: systems may contain valuable trade secrets and other nonpublic or proprietary informatlon including information regarding -its Payor -customers, which are the sole:property. of Public Sector Entity, and that Bank may maintain, process or otherwise be perriiittetl access to other Payor -Information through the'Servlce which is of a nonpublle,:personal nature, (collectively referredto herein as'PublicSector Entity Confidential Information') and the Bank agrees to hold same in confidence. The Bonkwilluse: the -same care and discretion to avoid unauthorized use, disclosure, publication, access or dissemination of Public Sector Entity Confidential' Information received from Public Sector Entity of through -the Service as Bank uses with itsownsimilar information (but In no.event. Tess than a reasonable degree of care). Bank will use.Public Sector Entity Confidential Information only to perform Its obligationsunder these Service Terms. Notwithstanding the foregoing, -the Bank may disclose such Public Sector Entity Confidential Information to affiliates, agents and other third parties, Including counsel and regulators. andtheiremployees, as reasonably required for Sank 0 provide :the Services or as otherwise regmred:by appllcable.taw or regulation. g i Exceptions. The obligations of this Section 9 shall not apply to any Bank Confidential information or Public Sector Entity Confidential Information (collectively, "Confidential Information'),that: (a) is now, or hereafter becomes', throughno act or failure to act on the part of the receiving party (the "Recerveij. generallyknown or available,; (b) is knowniby the Receiver at the time of receiving such Confidential Information, as evidenced'by the Receiver's-recoMs (c),is hereafter furnished to the Receiver by:9 third party, as a matter of right and without restriction. on disclosure; (d) is independently developed by the Receiver without. reference to or use of the.disdosing party's Confidential. Information, or (ej Is required to be disclosad=-by law or, 1n connection with a legal or administrative _proceeding. Provided that th'e -party to whom the Confidential Information "belongs is given prompt prlor.wrilten�nobce of such, proposed disclosure. provided such notice is not otherwise prohibited,; and provided further, that Bank may disclose Confidential Information to any'bank regulatory authority. having jucisdlction over Hank without notice, 94 Data in Aggregate Form.. The restrictions on use In this Section 8 shall not apply to Information or data in aggregated and/or anbnymized form, and shall not prohibit the use by Bank of any statistical; aggregate information that is not identified, with Public Sector Entity or any Payor:for creation ofstatistical marketingstudies, for research, product development and promotion, ocstralegic planning. Further, notwithstanding anything in this Section. `9, should Bank have. any agreement with.:a Peyer who is also a Bank custornWthat applies tothe. use of such Payor's, information, the terms of such agreement shall not be affected by.the terms of these Service Terms and shall remain In full force and effect. v, Miscellaneous Provisions. 101 Restricted Righis. Technology or Services acquired with United States Federal Governmentfunds or intended for usewithin or for any United States federal agency are provided with "Restricted Rights" as defined in DFAR3'252.227-7013(c)(1)(il) or FAR 52.227-19. 10.2 Relationship of Parties. The parties are,independenfcontractors. Neither party shalt be deemedto be an employee, agent, pamei,or legal representative of other, and neither party shall have any right, power or,authority to create. any obligation or responsibility on behalf of the other except as specified herein. 03 Enine Agreement; Amendments. These Service Terms, including the Account Documentation, the L-xhibits hereto and all materials and documents referred to herein, sets forth all of the, promises, agreements, conditions and understandings;between tne,partles respecting the subject matter hereof and supersedes ell.negoliations, conversations, discussions,correspondence, memoranda and agreements between the parties concerning the subject matter hereof, In the event of conflict between the Account Documentation and these Service Tens, these Service Terms shall control. Except as otherwise provided, -these Service Terms may not be modified except by in writing signed by authorized. representatives 'ofboth ,parties, 10 4 Third Party Beneficiaries. The parties intend that these Service Terms shall not benefit or create aqy, right or cause of action In or on behalf of any person or entity other than the. patties. 10,5 Notices. All notices required or perinided to be given hereunder anal; be addressed as set todh below or as, otherwise agreed In Writing by the parties from time to time. io.5 Severability. If any provision in this Agreement Is held to be Inoperative, unenforceable, of invalid, such provision shall be inoperative, unenforceable, or invalid without affecting the remaining provisions, and to this end the, provisions of lhi)s Agreement are declared to be severable, Fafuroof either party to exercise any of its rights In a.particular instance shell not be construed as`a' waiver of those rights or any other rlghtsforany purpose. 10..-r Force Majeure. Bank shallnotbe held responsible for any, act, failure, event or circumstancead dressed herein it such act, failure, event or circumstance is caused by.conditionsbeyond 'Its reasonable control. Brazos County. Pay Connexion Service Terms VO4. 7-S Pg. / z J Page 5 of 20 :6? Gorerni 9 Lan. TITS ACREEMENT AND MY CLAIM. CONTROVERSY GRDISPUTE ARISING UNDER OR REtATEO 70 i lilS .:6REErAENT. THE F.ELAT,IDNSflIP OF THE PARTIES, ANOrOR THE INTERPRETATION AND ENFORCEMENT.OF THE RIGHTS AND DUTIES OF THE PARTIES'EHLL BE GOVERNED BY AND GGNSIRUE0 IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. VATHOU T REGARD TO ANY CONFLICTS OF 1AVI PRINCIPLES,' BUT GIVING EFFECT TO FEDERAL ,VS APPPCABLE TO'NATIONQL BANKS. CLIENT HEFE9Y WAIVES ANY RIGHT TO PER$OtiFl SERVICE OF ANY PROCESS INCONNECTION 114TH ANY FCi ON, AND HEREBY AGREES. THAT SERVICE NAY BE MADE GY REGISTERED CR CERTIFIED tAML THE PARTIES FEREEYWANEANY RIGHT TOATRIAL BY JURY. 109 Plawvr t mmcngy To Inc ae, l pp5s,0lo vny,r sloUl."am In. PEMIt SE cr E-Ih',Y n'Ovo;a* vvarvs end altees "c 116 "lain any imvncriiry II may ad jydre )-vwA,omy cov?rgign o' Sirtlllai,6i:msU yj Ilan judullr"od of any coua, su 1, a ;?gal pob 'n {whether from i.:^ACE of nohLC, !nfJOGiC4 a,avNr^"II,44 5040'1. Cf:e fc cxanSM of g:lY j"aqnmOr. ClhCrrj„8L C Y.ei'i:t„s of ve _ day ni C'& I.21,B By yia e Tido Awress fcr. Nctic Email - )ZALCSCCUNT`f 360 E. 2FN: Site 3)g Bruen, TX 7761: JPY.ORGAN CHASE SANK, NA. atlTana Ko�vvi0 306 S. RrvErsvde PIa;.9, Stiila !U-053 _,Ch{cago. Ulnas "GEC(; _ Atli. Pa' CDflrex i_ ___._ .. M1Ydiiuln (AaeGw:GYOF ov - E9n�'; Cd,v,itiraMYZFOyLpJllr �nl fs CaJ^d:•_ d Lcrvni7xa e"MPyJ^ witmayM4_QLL_ry,P�.Cwl. 6!4o 4'RAian F±u+:ti Terx:; vol. �` %� pg. Exhibit A I PAY CONNEXION" STANDARD SERVICE LEVEL,AGREENIENT I. OVERVIEW This Service Level Agreement (SLA) has been•created,to formalize agreed upon levels of se Nice with respect to the development efforts and Services provided by Bank to Public Sector Entity In accordance with the Pay.Connexion" Service Terms. The service )evelstandards wilt incorporate, measurable criteria In order that performance can be monitored on an ongoing basis. The agreement to these standards affirms the commitment oft both organizations to establish and maintain. quality service levels. Notwithstanding anything to the contrary herein or.in the service terms, theSLAestablishes target levels only and failure to achieve any Wget level will.notbe deemed to be a failure by Bank toexercise ordinary care. II. PRODUCT & SERVICE OFFERING A. DEFINITIONS Unless as otherwil defined below, capitalized terms found in. this document: shall have the meanings defined.. in the Pay Connexion''" Service Terms. The time period when Scheduled. Wintenance (defined below) may beeanducted by. B� on the Services..For the purposes of this document, the Dark Window is scheduled to oceuron Saturdays and Sundays from 01.00 AM to 07:00AM Eastern Time(Ell unless Bank.notlhes:Public Sector Entity of change to the Dark Window schedule. Public'Sector En ityof Payers, other than In a Process B. PRODUCT AND SERVICE OFFERING- of also manages all change requests and operations The;Services to be provided by Bank have been designed and developed to meet Public Sector Entity's, payment collection. needs for consumer Payors. Public Sector Entity acknowledges the Services offered by Bank will be hosted in a shared services infrastructure. C.ENROLLMENT If required by the confguiation of Services chosen, Public Sector Entity agrees to provide to Bank-.a;currant and complete electronic (le of Public Sector Entity Information in a'formal mutually acceptable to Bank and Public Sector Entity to facilitate the Initial database import of Public Sector Entity Payor infounation into-.tfie Pay Connexion. Transaction System (the 'Pre - Registration Fite'). Public Sector Entity agrees.to provide,Bank the Pre -Registration File no later than seven (7) Business Days prior to the Pay Connexion Transaction System production launch date. Thereafter. Public Sector Entily:agraes to,provide Bank a -daily file in thesame format that contains. any associated changes, additions, or deletions that are relevantto the flay Connexion Transaction System. Public Sector Entity agrees to provlde:Bank the Pre-Regisiration File each night by no later than 9:00PM Eastern Time (ETI after the -initial provision of the Pre -Registration File. D. PERFORMANCE STANDARDS AND EXCEPTIONS (Applicability Is dependant.on the configuration or the seivices chosen by.Public Sector Entity) Brazos County Pay Connexion Service Terms Page.7-of20 r a ERNAMa"n d :y "'K!.'., fl +.. T PA �'"`: �s f r`5.�^ I rx �� - r :� �• Web Availability (Uptime Goal Pay Conneyipn" Transaction System web applications willbeavailable to users ninety-nine percent.(99%of the total minutes availablein each month. Availability is calculated excluding any Scheduled Maintenance orscheduled System Outages. In addition, there shall be no more than two (2);System Outages (planned or unplanned) during each twentyfour(24) hour period (measured ffom midnight to midnight), andthe aggregate time of the System Outages: during that,penoo i shall not exceed two (2) hours. IVR Availability /Uptime Goal:. Pay Connexion Transaction System IVRapplicationswill be available to ___ FIncoming Callstost users ninety-nine percent (996%) of the total minutes availableIn each month. Availability is calculated excluding any.scheduted Maintenance:or scheduled I System Outages. i In addition, there shall be no more than two (2) System Outages daring each twenty-four (24) hour period (measured from midnight to midnight), and the aggregate time of the System Outages during that period shall not exceed two I (2) hours. Web and IVR Disaster Recovery Promoe.an offsice:hot backup site. Primary processing capabilities will be available Within 8 hours if. primary site is disabled. is Web and IVR .Backup Recovery Testing _ The backup recovery systerri be:tested annually. Y Standard Pre-Registralion File Processing- Billets witli Pre -Registration feature are required to deliver aPre-registration fie to the•Pay Connexion team by9pm Eastern time In accordagw with their j daily. delivery schedule. Pay Connexion wilvprocess tbe�Pre-registration i M upon receipt -from the biller or an mtemnediary. Response It wfl�be delivered j tothe ,biller by 9AM Eastern timi accordance with The BilleCs daily delivery .schedule. If the Biller does not deliver a Pre -registration file on tiimIthe.Pay Connexion team will make best efforts to meet the 9AM delivery Response fie but will not guarantee a9AM delivery time. I .Standard Next Day Remittance Fite processing The: Pay. Connexionteam will deliver a Remittance file to the.Bilier (either directly' or through; agintennediaryj; by an agreed upon time. Monday through .Friday, excluding Federal Reserve holidays. I Standard Same Day Remittance File Processing The.Pay Connexionteam will deliver a Remittance file to the Biller (either directlyor throughupon time, Monday through . h an intte by f greed eyou g Reset eholidays. Call Center Availability - - _ Lan 4vages. Sup op rted by he call center i l Standard hourol operations are 24x 7x 365 __,_�� (En lish`and Spanish live operator) Monitored calls answered accurately To monitor how Public Sector Entity Service Agents handle Inquiries. Operators will be measured on the accuracy of the'infoomation they provide, their interpersonal manner, and whether they follow 'the scripts. ' MAP,goal shall he 95% of all monitored calls to be answered accurately. _ Monitoring shall occur on a minimum of 3 calls per_agent per week. ___ FIncoming Callstost To monitor queue size for Public Sector Entity Service. This Information is received from the telephone switch, and will be measured at + utomated Call Distril7ulion (ACDjlevelgoal for incoming; calls lostdue to forced busy and forced disconnects (i.e. L ough capacity) shall be that such calls do net exceed 3% of all calls ed Brazos County Pay Connexion Service Terms va. � pg. ;,213 Page.8 of 20 III. OUTAGE NOTIFICATION A. PLANNED I SCHEDULED. OUTAGES In the event of any planned or scheduled System Outages, it is expelled that Bank:viiil contact the appropdate individuals. designated by Poblic:Seclot Entityal least twenty-four (24) hours prior to the planned System Outage (contact information willbe amended. from time'to time viae -mail). Additionally, in INV event of a planned / scheduled System -Outage, It expactedihat Bank will adhere to the following guidelines: L. Downtime will be scheduled during standard maintenance windows of 5aRuday and Sunday 01;00. AM --07:00 APA Eastern Time:(ET), except as necessary;and upon notice as provided above. 2. Bank will implement a web page on the payer site nolifyingahat the system, is unavailable during the scheduled.downtime (Bank Will immediately remove this notification page follovAng completion of tfie scheduled rriainlenance). 3..Bank will implement a message on the .IVR notifying that the system Is unavailable during thescheduled downtime. (Bank.will immediately remove this message following completion of tlescleduled maintenance). B. UNPLANNED / UNSCHEDULED OUTAGES Bank will adhere to the Severity Level requirements for unscheduled System Outages/service interruptions according to the table in this'Seclion III S. Unless otherwise specified, all hoursreferred to in this Section IIf Bare clock hours. Severity Level /Response Tinrie.SLA Brazos County Pay Connexion Service Terms vol. Page ,9 of 20 Percent Abandoned Incoming Calls t To mori number of calls which are abandoned after being put in the queue. The calls will be measured beginning.when they are put in the queue to the, point when the caller hangs up. MAP goal for the percentage of calls queued to live agents that donotget answered shall be that such calls do'not exceed 6%ofthe total number of calls i received. Calls Answemd in 30 Seconds or Less By Operator To monitor Ile speed with which calls are. answered In aggregale:3he calls will I be'rneasured beginning when they enter the agent queue to the point whenthe. calbis:answered. This Jnfognatioh is received from the telephone switch, and will . be measured at the ACD level. MAP goal forcalls:answefed in 30 seconds or less shall be that at Ieast70% of all incoming calls.queued to live agents be answered in 30 seconds or less. Calf Center Disaster Recovery Primary call center functions *111 be available within 16 hours if primary site is disabled. Call Center Backup Recovery Testing The backup recovery systems to he tested at least annually. III. OUTAGE NOTIFICATION A. PLANNED I SCHEDULED. OUTAGES In the event of any planned or scheduled System Outages, it is expelled that Bank:viiil contact the appropdate individuals. designated by Poblic:Seclot Entityal least twenty-four (24) hours prior to the planned System Outage (contact information willbe amended. from time'to time viae -mail). Additionally, in INV event of a planned / scheduled System -Outage, It expactedihat Bank will adhere to the following guidelines: L. Downtime will be scheduled during standard maintenance windows of 5aRuday and Sunday 01;00. AM --07:00 APA Eastern Time:(ET), except as necessary;and upon notice as provided above. 2. Bank will implement a web page on the payer site nolifyingahat the system, is unavailable during the scheduled.downtime (Bank Will immediately remove this notification page follovAng completion of tfie scheduled rriainlenance). 3..Bank will implement a message on the .IVR notifying that the system Is unavailable during thescheduled downtime. (Bank.will immediately remove this message following completion of tlescleduled maintenance). B. UNPLANNED / UNSCHEDULED OUTAGES Bank will adhere to the Severity Level requirements for unscheduled System Outages/service interruptions according to the table in this'Seclion III S. Unless otherwise specified, all hoursreferred to in this Section IIf Bare clock hours. Severity Level /Response Tinrie.SLA Brazos County Pay Connexion Service Terms vol. Page ,9 of 20 �nshJ'.. Sr`>,�'rT.'r.Sy , t,Asft ri 'SFU ;sst '°'..x,, 4,� t rPrimary Definition: 15 mint to Client contacts andlor ASAP—no later than Severity 2'(1 Degeneration in, or complete failure of business- Internal FunctionalTeam designate end of 2m Business critical secondary functionality (RTPC, all fileprocessing, password (TBD); hourly updates until resolved Day reset, downfoad a Remittance File, or the ability, to initiate a call) for a i single Biller or group:oh811ters Used when the problem is severely affecting a group of users,A majorportion of a system or.process isnot functional, but canoe bypassed, or it is a functional failure with no workaround. _ 1 Primary Definition: - Monthly issues log As prioritized in • Severity 3 (Medium) Degeneration In product functionality of ncn- release by Product i critical tertiary functionality (confirmation smalls at reporting, Management. etc) fora single Biller ora group of Billets • This is the most common severity level. A system or process is mostly functional but not pedomiing as expected. An error can be ignored, or a workaround can be used. Primary Definition: I Monthly issues log: As Prioriliied.in Severity 4 (Low) System or critical process is functional, bufa release by Product problem exists related to ease of use (slow app response time or Management. screen flows), interface or Standard Report content, or a.problem exists for a single payer or group of Payers (can't reset passwords, can't Jog in).. • A single Payer is impacted. A system or process is currently fully frmdional but a problem exists, or the problem relates to Information, process change(s),minor enhanoement(s), or request(s) for future funelionatily _ IV. GENERAL SUPPORT EXPECTATIONS A. SUPPORT Tier I Support Telephone -based support whereby Public Sector Entity's Payors.. access a Public Sector Entity: support representative for assistance on Payor-relatedissues specific to the Services during regufarlyscheduled Payor service hours:, Tier II Support Teleplbicne-based support whereby Public SectorEDtiry-s support representative can call a Bank support representative for assistance. on Payor -related issues specific to the Services. Tier III Support Telephone -based customer support. whereby Bank support representatives escalate Service problems to internal technical resources for issue resolution. Bank will only provide Tier I support incases where Public Sector 6ility requests assistance as part of the IVR. channel service (roll- out operator support). Tier 11 customer service representatives resolvethose calls for which Tier I staff require assistance. Tier 11 requests may require additional internallextemal investigation to be performed by dedicated Staff, Tier III support representatives will be responsible for analysis and resolutionof technical or othersyslem-related problems. Tier III support will be staffed and supported by flank technical or knowledgesubject matter experts. Public Sector Entitywill be able to contact, the.following toll -tree number for Tier Il support, technical issues, or to: report system Interruptions: 886-282-1981- 6: PRODUCTION EXPECTATIONS When Public Sector Cully's Pay Connexion system Is in production, Bank -will be responsible for the following in addition to the service levels identified harem: • Housing the system in a secure environment andadherenceto regulatory and audit requirementsof.this kind of payment system. Security is defined as uhlizing proper encryption and access'cobGol standards_ Iftising Bank Call Center, authentipatioeof users as they enter the sysi pursuant to Bank policies and procedures. • Archival of pre=registration file fort weeks after acceptance for possible retrieval. • Initiation of the RTPC and"API transaction li appropriate format in.a timely manlier: (Optional Service) Processing payments through the appropriate payment channels as configured during setup, Brazos County pay Connexion Service Terms FVol. CW Pg- _f-1/ 7 Page 10 of 20 • Making data "a liable for reporting queries initiated through the. Pay Connexion Administrative systern for two years Standard • Send email$ as indicatedin the Functional Specification to either internal resources: or to the Payerdirectly based on events in the payment process. • Pre -Registration File Processing as described In the SLA herein • Neat Day Remittance Prooessingas described in the SLA herein • Same -Day Processing Remittance Processing as described In the SLA herein When Public SectorEntity's Pay Connexion system is In production, Public'Sector.Entily will beresponsible for the following: • Providing daily updates to the Pre -Registration file (if selected) for retrieva) by Bank by ET. • Retrieve the remittance filedelivered each Business.Day by Bank • Ensure thatall data required to the session transfer, as part of the Pre -Registration file or API. availableas: appropriate for processing -payments. If a data element Is missing or is sent In. plan text when it Is expected to be encrypted the sessionwill error for the Payer. • Notify JPMC in advance of Infrastructure changes that may Impact session transfer, email confirmations, FTP transmissions, and successful RTPC receipt. V. PROGRESSIVE CONTRACT ADMINISTRATION It is Banks -intent to work in partners hip with Public Sector Entity to resolve air quality issues-. Public Sector Entity.wilibe given written notification of breach or a service level. Bank will not be deemed to be in material breach (including without limitation afmissed cut-offtimaof delivery schedule) of this SLA if equipment owned by or, the responsibility . of PublicSector Entity, its affiliates,. or any of Public Sector Entity's third'party, vendors, orthe actions or Inaction of Public Sector Entity, its:afflrates, or any of Public Sector Entity's Third party vendors, is determined'td tie ttia cause of such breach: or if such breach Is, the result of circumstances beyond the reasonable control of Bank, provided Bank has exercised such diligence as the circumstances require. VI. CHANGE MANAGEMENT A. PRODUCTION. CHANGES Any, changes to.ei production applicatmn_reguested by Public. Sector Entitywill follow the ;Change Management process as part of the Production Support function offered. by JPMC. Requests, for standard.realures available in.the applicailon unit be.delivered without additional charge for the first 60 days following the launch of an application. After 60 days, Public Sector Entity can request standard features that do not exceed 40 hours of developmentltosting in each calendar year, All development beyond 40 hours will be charged at the then current hourly rate. All tequeMst for non-standard changes to J. production application will be charged at the then current hourlyrate. B. CHANCES DURING IMPLEMENTATION While the application is in implementatiorl client can change any standard feature coveredin the original agreement. Any non-standard changes will be charged at the then current hourly rate. VII. REVIEWS AND MEETINGS AD HOC,REVIEWS The Parties agree to participate in. periodic project and. production meetings using any mutually acceptable megns•,of communication. The. Parties agree to provide aGleasl seven (7).B isiness Days notice when requesting an Ad Hoc review, These reviews will Include the -following elemenfsr • Review the Issues Log, service levels, cost savings opportunities industry best pracfices, and short and long-term milestones. • Facilitate a frank discussion of key mutual objectives and assess the Parties' progress towards those objectives. Brazos. County Pay Connexion Service lens Vol. CZZ2 _ +'g. _ Page 11 of 20 Exhibit BI FEE SCHEDULE Convenience Fees (Paid to Bank by Payor at No Cost to Public Sector Entity) Card/Payer Not Present Payments Notes • Credit and Debit Card Payments - Convenience Fee Funded — 2.40% of Payment Amount (Visa, MasterCard, Discover) • ACH/echeck Payments - Convenience Fee Funded - $1.00 per Payment Transaction :bFJ(AMPkW ty '.^ a< :Convenlence teiifND`e'. __- Fee Price 2.40% of Payment Amount - $1.00 per Payment Transaction Cost to Payer Payment Amount $1,000.00 $1,000.00 Effective Convenlence Fee $24,00 $1.00 TOTAL $1,024.00 $1,001.00 Cost to County $0.00 $0.00 • Bank must comply with Card Association/Network rules and guidelines. Bank will work with the Public Sector Entity to develop and maintain a convenience fee program in accordance with the Associations/Networks. • Convenience fees are funded by the Payor and collected directly and automatically by Bank. Although interchange expenses for the processing and settlement of credit/debit card transactions will be charged to Bank by the merchant processor, Chase Paymentech Solutions, I.I.C. The necessary merchant account(s) for processing of the principal payments must be established. Public Sector Entity will not bear interchange expenses for these transactions. • The above convenience fee pricing is based on the understanding that Bank will be the exclusive provider of e - payment services. • This fee schedule may need to be revised if Public Sector Entity chooses to expand its use of Pay Connexion beyond the scope of the listed applications, or if doing so is required by Card Associations or NACHA. • Bank reserves the right to modify pricing upon written notice in the event Public Sector Entity or Bank become aware of any changes in applicable rules, laws, regulations or case few that would have a negative impact on the manner in which fees are charged hereunder. If either party becomes aware of same, it shall promptly notify the other in writing. Brazos County Pay Connexion Service Te"s Brazos County Pay Connexion Service Terms— es- Mty- Page 12 of 20 Vol. W93 Pg./% Onsite Card Payments (Point -of -Sale) with Convenience Fees (Paid by Payor at No Cost to Public Sector Entity) Point -of -Sale (POS) Payments • Credit Card and Signature Debit Card Payments — 0 2.65% of Payment Amount o minimum of $3.00 per payment • PIN Debit Card Payments ('online' debit card payments through Star, NYCE, Pulse, etc.) - 0 1.95% of Payment Amount o minimum of $3.00 per payment • POS equipment - $500.00 per machine (Verifone Vx570 Terminal and Vedfone 1000SE Pin Pad Devices) Notes • Convenience fees are funded by the Payor and collected directly and automatically. Interchange expenses for the processing and settlement of credit/debit card transactions will not be charged to Public Sector Entity by the merchant processor, Chase Paymentech Solutions, LLC, and Public Sector Entity must have/establish the necessary merchant account(s) for processing of the principal payments. Public Sector Entity wilt not bear interchange expenses for these transactions. • An agreed upon number (1 per department/office) of Verifone Vx570 Terminal and Verifone 1000SE Pin Pad devices will be provided to Public Sector Entity's office at no cost as part of the convenience fee processing proposed. When the agreement is cancelled and/or terminals are not processing payments, the terminals and all equipment provided, will be returned with reasonable wear and tear. Public Sector Entity will need to purchase and provide the necessary consumables for the Terminal devices, such as network connectivity and receipt paper rolls. • The POS receipts will indicate the convenience fee is being charged by a third party facilitator. Brazos County Pay Connexion Service Terms Brazos County Pay Connexion Service Terms Braz4s49eunty-Paysegneyj� Page 13 of 20 7 Pg. a`�C1 EXHIBIT C I JPMORGAN PAY CONNEXIONIPOINT OF SALE PUBLIC SECTOR MERCHANT CARD PROCESSING INSTRUCTIONS; TERMS .AND CONDITIONS These-JP,MoiganP.ay,Connexion/Point, of Sale :Publjc Sector Metone ntC rd Processing Instructions, Terms and Conditions (the "Agreements are acknowledged anis agreedto on this: l7 da: _.A p tom., 20by the parties. Brazos County (°Merchant' also referred. to as °Cdstoni or'Public 'Sector Entity` in the Pay Connexion Service Terms, Mies to: accept Cards. from Players as a method of,payment forgo ods: or services offered by Merchant;. JPMorgan Chase Bank, NA, 'is a registered. thirtiparty servive provider.with the Payment. Brands ('Service-Providery and is their meaning in the Pay Connexion Servic WHEREAS, pursuant to the Pay Con of Merchant and submit such Transaction Data from the -Payor through a merchant Transaction Data from the Payor through. programming inteRece.(`API Transactions Data to Pay Connexion throuch Service Pi, Is Service loans attached herewand incorporated herein by reference, with italized.terms used and not. otherwise defined in this Agreement shall have (a) Service Provider will capture Transaction Data from the Payor on behalf or processing ('PCA Transactions; (ti) Merchant will capture Transaction e representative call center (" CSR Transactions'); (c) Merchant will capture d. convey such Transaction Dsta,to.Pay-Connexion through an application will capture Transaction Data from the Payor and convey. such Transaction to ("Admin Tradsactions'): Is from Payors at the point of sale using terminal hardware located -at be submitted directly -to Paymentech from .Merchantt icbons..CSRTransactions„APITransactions, Admin Transactions and POS rovider; as applicable); and er, to acquire nod process: Merchant's Transactions, ide and the mutual benefits to be derived from this Agreement, Paymentech, ie rollow)ng terms and conditions intending to be regally bound: 1.. Merchant's. Acceptance of Cards. 1.1 Scope; Use.of a Service Provider. the termsandconditions contained`hereln pertain to all of Merchant's Transactions submitted to Paymentech through Service Providers Pay Connexion, or where applicable directly by Merchant.:While the Merchant obligations set forth in this Agreement are ultimately the responsibility of Merchant, the Parties acknowledge and agree. that Merchant has contracted -with Service Provider under the tennspf the PayConhexion Service 7ermsYor the pertarmanoe of some of those obligations. 1.2 Application of Payment Brand Rules. The Payment Brands require that Merchant'(i) enter -into a direct contractualrelationship, with a Member and merchant acquirer, and iii). agree to comply with Payment. Brand Rules asthey pertain to Merchant's Transactions. Therefore, Merchant hereby agrees to comply with all Payment, Srand Rules. rcludmg the Security Standards, as may be applicable'to:'Merchant -and iin effect from time to time. 1.3 Payment Acceptance: Practices and Prohibitions. (a) Merchant shall not require the Payorto pay any Tees that would otherwise be paid by.Merchant.forlhe processing of Transactions. (b) Merchant shall never issue Refunds fair Transactions by.casti, or a cash eggh alent'(e,g., check) Unless required by taw: or, permitted by the Payment Brand Rules. lid Rules, Merchant spall not engage to any practice that unfavorably discriminates against or 'rand relative to any other Payment Brand. law, Nlerchanfshall: not set a<dollar aniount aboveor below which Merchant refuses to honor Brand Rules: one must honor all foreign bank -issued Visa or MasterCard Cards. If Merchant etecls display appropriate signage to indicate the limited acceptance category,'and.(Z) Submitted to Paymentech: outside of the hurled acceptance category, in which interchange fees -plusany additional feeslsurchargesassessed by Paymentech or (i) Merchant shall not add any tax or surcharge to -Transactions, unless app impose the taz or surcharge. If any tax or surcharge amount is allowed, such an not be collected; separately_ (g) Merchant'shall not request or use a Card account number for any purpose r by the Payment Brand Rules in order to support specific.services offered by the Pp (h) For recurring Transactions, Merchant:must(I) obtain the Payor's consentLI goods or serilces purchased, (ii) retain' this.penoission for the'durstion.of the rect Service Provider,_Member, Paymentech or the issuing bank of the Payors Card; and ce calegoiies; (Y) Merchant must may processany Transactions will be assessed the applicable expressly requires, a, Merchant be permitted to be included, in the Transaction amount and shall orservices. unless required charge the Payoron a recurring basis and provide if upon request to (as app winter or electromcdocumenlatiori .UU1 101” a,c,. t r 1. rcymp, m a II.. rayon ur icy ittgelpr or nonce nom Memoer, Jervice: rroviaer, vaymenlecn or any PaymentBr (via aulhoriiation code or otherwise) that the Card isnot to be honored. (1) Merchant represents and :warrants, 16 the bestof its knowledge, that the Tmnsaction;Data represents an obligation of the Payor for the amount of the Transaction. Ill Merchant represents and warrants; to the best of its knowledge, that the Transaction is hot for any purpose other than payment for The current Transaction. The Transaction does not represent the collection of a dishonored check or the collection or refinancing of an existing Brazos County Pay Connexion POS Public Sector Meminar LTerms and Conditions Page 14 of 20 vol. aS' pg. ��/ debt. The Transaction does not represent payment for a previous Transaction or clfargeincurred at the Merchant or a Transaction that was previously charged back by the Payor. irrespective of:Payor consent orapproval. (k) Merchant represents and warrants, to the best of its knowledge that the amount charged for the Transaction isnot subject to any dispute, setoff, Or counterclaim: (1) Merchant represents and warrants, to the best of.its.knowledge; that Merchant has not disbursed of advanced any cash to the Payor (except as authorized by the Payment Brand Rules). or Itself orlo any of its representatives, agents. or employees. in connection with the Transaction, nor has Menone nl accepted, payment I,or effecting'credits to a Payor:. (m) Where Merchant is,accepting:POS Transactions, Merchant ehal,l.eximine each. card physically presented at the point of sale to determine that the Card. presented: is valid and has not expired. -Merchant. shall exercise reasonable; diligence. lo.detemiineanat the authorized signature oil any Card physically presented at the point of -sale corresponds to the Payors signature on. the Transaction Receipt.. (n) -Where Merchant Is. accepting POS Transactions, Merchant shall not submit any Transaction that Merchant knows or should .have knowntobe:edher fraudulent illegal, damaging to the:Payment Brand(s) not authorized by the Payoror otherwise in violation of any provision of this Agreement or the Pay Connexion Service Terris. applicable.law, or Payment Brand Rules. 2. Authorizations. EachCardpayment accepted by Merchant 'is"required to have an authorization code. Merchant acknowledges that authorization of a Transaction indicates that the Card(a).contains a valid account number, and (b) has an available credit balance suffickmi for the amount.of the Transaction; but, it does not constitute a representation from Paymentech, a Payment Brand, or a card issuing.bankthat a pedicular Transaction Is in fact a valid or undisputed Transaction entered into by ttiesctual Payor. PaymeotecKreserves the right to refuse to process any Transaction Data presented by Merchant unless It includes a proper authorizatieo. 3. Refunds and • Adjustments. Merchant is required to malntain.a Refund Policy and to disclose such Refund Policy to Payorsat the, time of the Tran.•sachon. If, under Merchant's Refund Policy, Merchant allows a Refund, Transaction Data renecting'anysuch Refund shall be prepared and delivered to:Paymenloch wlhln three (3) days of approving the Payors, request for such Refund. If applicable, the amount of a Refund. cannot exceed IIhe.amountshown as the total. on the original Transaction Data excepl'by the exact amount required toiretmburse the Payor for Shipping charges that the Payor paid to return memhandfse rf an y. Merchant shall not accept any payment from. a Payor as consideration forissuing a- Refund . Merchant shall,not give cash (or cash equivalent) refundsto-a Payor in connection with a Transaction, unless required by law or.permitled by the Payment Brand 'Rules. 4. Settlement. 4.1 Merchant's Settlement'AcpaunL In order to,receive settlement funds for Transactions, Merchant must. designate. and maintain one or more amounts used primarily for business purposes, at.JPMorgan,Chase B 11 ank, N A, (collectively referred to as'"Settlement Account), Merchant shall' hot closeits Settlement Account;wlth'out giving Paymentech and Service Provider atdeastfive (S) days'. prior written notice and substituting another, Settlement Account. Memham a solely liable for all fees, costs. and overdrafts associated With the Settlement Account. Merchantauthorizes Paymentech to initiate electronic debit aid credit entries and adjustments to the Settlement Account at any time without regard to the source af:any monies-in.the Settlement Account and this. auihonly will remain in hill force and effect forthe term of the Agreement. Paymentech will not be liable for any delays in receipt of funds Or;errors m Setiement Account entries caused by third parties, including, without limitation;. delays or'enors by the Payment Errands or Merchant's bank. 4,2 Conveyed Transactions. To the extent that`Merchant accepts a.method of payment from Payors for which Paymentech Is able to acquire and conveyto a third party, but'is not able ta'settle the related funds directly to the merchant's Settlement Account (e.g American Express; Transactions slamming from acceptance.obsuch methods -of payment hereln referreci to as'Conveyed'Transa_ctfons"), Merchant must have a -valid agreement:fn effect with the company responsible for The seltlement:ef such Conveyed Transactions, (the 'Settlement Entity"). 1( Service Provider submits ConveyedTransaclions'lo Paymentech on. behalf of: Merchant and Merchant does not have a valid agreement with the Settlement Entity, Paymentech: may; but shall hot be -obligated to, submit such Conveyed Transactions1c, lbeLapplicabie Settlement Entity. and to share with them information about Merchant (from the Applicationor otherwise) as may be required to. approve Merchant's acceptance of the Settlement. Entity's method of payment. Payment ofproceeds due Merchant for Conveyed Transactions shall be governed by the agreement Merchant has with the applicable. Settlement Entity; and Paymentech does hot bear any responsibility for their performance thereunder, including; without limitation, the funding and settlement, of: Merchant's Conveyed Transactions. 4.3 Transfer of Transaction Settlement Funds: Subject to Section:4.2, for all Transactions, Paymentech will submit Merchant's Transaction Data, to thud applicable Payment Brand.. Promptly after Paymentech receives funds for Settled Transactions from the Payment Brands, Paymentech, Member ooService Provfder w Il provisionally fund the Settlement AccounL The proceeds payable io Merchant shall be equal to the amounts` submitted by Service Provider, or in the case of POS Transactions,: by: Merchant, In connection with the Transaction Data, minus the"sum of the folloing3 (a) all Refunds and Cnargebacks, (b) ell;fees and, charges :(excepttas:othenvise provided h) Section 43..of the Service Terms) and all`fnes, assessments' penalties or other liabilities that may be Imposed on Paymentech, Member or Service Provider from time to time by the:Payment Brands and all related costs and 'expenses incurrediby paymientech, Member or $ervice.Proyider as afiesult of Merchant's breach of obligation to pmyide di'sclosu has relahrig to,Convenlence Fees at each Pubic Sector Entitypofnt of -sale a's setform in the Service Terms, or Merchant's breach or violation of the Payment Brand Rules or Security Standardsas described In this ExhibitC, including,, without limitation; Section.g; and (c). where Merchantis7accephng POS Tmnsachons, all. Reserve Account (as defined:in Section 4 ) amounts. In the event Paymentech does not deduct such amounts from Merchants proceeds when such.amourds are due' and payable, Merchant agrees to pay all such amounts to Paymenlecri immedfatelywilhout any deduction or offset. 4.4 Negative Amounts. Merchant shall maintain sufficient funds in the: Settlement Account to prevent the occurrehce of a negaffm balance. In the event that the proceeds from the Settled Transactions or the balance of Merchant's Settlement Account are -not: sufficient to pay amounts die underthis Agreement. in addition to any other, rights and remedies Paymentech may have underthis Agreement, Paymentech may pursue one. or more of the following options: (a) Demand and receive Immediate, payment for such amountsi and 4 payment is notmade: within three (3) -days -of demand, debit the Settlement Account for the negative' amount; (b) Withhold all or some of Merchant's Settlement funds and apply them against the negative amount; and (c) Where Merchant is accepting POS Transactions, apply funds held in the Reserve Aomwf against the negative amount - 4.6 Reserve Account. Where Merchant Is accepting CSR Transactions, API Transactions, Admin Transactions and/orPOS Transactions, if: Bmzos County Pay Connexion POS Public Sector Merchant Terms•and Page IS of 20 Vol .YJ g I (a) Merchant is receiving excessive Chargebacks; (b) Paymentech has. reasonable grounds to .believe that it may be or may become liable to third parties for theprovisional funds extended to Merchant;or (c) Paymentech has reasonable grounds to believe that itmay subjeceto any addilicnal liabilities arising out of or relating to, this Agreement, including without limitation, any fines, fees, or penalttesiassessed against Paymentech or Service Provider by any ofdhe Payment Brands .arising out of or relating to Merchant's Transactions, Chargebacks, or failure to comply with the Payment Brand Rules or the Security Standards; then each such: event may subject Paymentech lo -additional risk (suchrisk being hereinafter referred toOs'Anticipated Risk").. In any,such event. Paymentech may temporarily suspend or delay payments. to. Merchant duringPaymentech's investigation of the issuearidlor designate an amount of funds that Paymentech must maintain in order lo-protectitself: against' Anticipated Risks (such funds being hereinafter referred to as the 'Reserve Accounl')(which may be funded in the some manner as provided in Section 4.4. The Reserve Account will contain sufficient funds to cover Paymentech's eshmated:exposure based on reasonable criteria for Chargabacks, Refunds, unshipped goods and/or unfulfilled. services„and alt additional Anticipated Risks: Paymenfach may (but is -not required tit) apply funds in the Reserve Account toward, and set off any funds that would otherwise be payable to Merchantegainst, the. satisfaction of anyamounts which are or:may.be.come due from Merchant pursuant to this Agreement. Funds in the Reserve Account will be held and controlled by Paymentech, will notbearInterest, and may be commingled with other funds. Effeclive:upon Paymentech's establishment of a: Reserve Account, Merchant irrevocably grants to Paymentech a security interest in any interest Merchant may now have or later acquire in any and all funds, together with the proceeds'lhereof,'that may at any time -be'in the Reserve Account and that would otherwise be payable to Merchant purs'u'ant to the terms of this Agreement. Merchant agrees to execute and deriver to Paymentech such instruments and .documents that Paymentech may reasonably request to perfect and confirm the security interest in the Reserve. Account funds. Upon (i) satisfaction.of alt.Merchanrs obligations under this Agreement: and (h) Merchant"s':executfon`of documents reasonably requested by Paymentech in connection with the return of any Reserve Account funds, Paymentech will payto Merchant any funds than remaming.in the Reserve Account. 5. Chargebacks and Retrieval Requests. 5.1 Chargeback Reasons. Merchant may receive Chargebacks from time to time. Following pre some of the most common reasons for to a Payor upon: thereturn ornon-delivery of: goods orseMces; it Code was not obtained; receive Merchant's response to a. Retrieval Request; the Transaction or the authenticity of the signature on the Transaction Receipt, or claims that the Transaction is e, or codnlerclalm;- make payment for a Transaction because,_ in the Payors -opinion; a claim or complaint has not been resolved or (g) The Card was not:aclually presented at The time -.of theTransaction or Merchant failed to obtain an electronic record or physical imprint of such Card, and the Payor denies making,the purchase: or (h) Merchant fails to Inform Payer of Its Refund Policy, as required by the Payment Brand Rules. 5.2 Response to Chargebacks. If Merchant has reasomto dispute Or respond to a Chargeback,. lien such dispute or response must be provided by the date set -forth on the applicable Chargeback. notice. Paymente,ca'will not investigate or attempt to obtr in.a reversal mother adjustment to any Chargeback if Merchant -has not timely respondedao the. notice: Merchant-aoknoprledges tliat under certain Payment Brand Rules; Merchant cannot rebut a Chargeback where the.Payor disputes.making the purchase and Merchant does not have an electmric record (e.g.. "swiping or'tapping" a Card) or physical imprint of the Card. Merchanthas full liability, for all :0hargebacks. 5.3 Bxcessive :Chargebacks:. If Merchant is receiving an excessive amount of.Chargebacks,,as determined by ihePaymant6[ands from time to time, In addition to Paymentoch's:other remedies under this Agreement, Paymentech may take one or more of lhg. following actions; (a) review Merchant's Internal'pmcedures: relating to acceptance of Cards and notify Merchant of new procedures Merchznt.should adopt in order to,avoid future' Chargebacks; (b) notify Merchant or Service Provider of anew rate. Paymentech will charge 'to.process Merchant's Chargebacks'or (in) where Merchant is accepting POS Transactions, establish.a Reserve Account. Merchant also agrees to pay any and all penalties, fees, fines, and costs assessed against Merchant, Payinentech, and/or Service Provider relating to Merchant's violation of this Agreement or the Payment Brand Rules with respect to Merchant's acceptance of Cards, its Transactions, or'with respect to excessive Chargebacks under this Section. 5.4 Retrieval Requests. Within seven (7) days (or such shorter time as the Payment Brand Rulesmay require) of Merchant receiving a Retrieval Request, Merchant, directly or through Seivice.Provider, must provide to Paymentech via certified or overnight mall or by confined fax, (a) written resolution of Merchant's investigation of suchRetrievalRequest; and (b) legible copies of any,supportingdocumentation requestedorrequired by the Retrieval Request., Merchant soknowfedges That failure to: fulfill a'Retrieval RequesCtimely and in accordance with Payment Brand Rules may result in an Irreversible' Chargeback. G. Display of Payment Brand Marks. Merchant is prohibited from using the Payment Brand Marks. as defined below (sometimes referrerl herein as "Marks), other than as expressly permitted by the Payment Brands. Payment Brand tyle irks mean the brands, embfems;,trademarks and/or.logos that identify a PaymentBrand. Merchant may use the Payment BfandMarks only to promote the services covered by tha:Maiks by using them on decals, indoor and outdoor signs, advertising materials, and marketing materials;, provided, that,ar such uses by Merchant muk be consistent with Payment Brand Rules. Merchant shall not use the Payment Brand Marks in any way that Payers could treliieve that the. goods or services offered by Merchant are spbnsored; endorsed, or.guarariteed: by the. owners of the Payment Brand. Marks. Merchant recognizes that it has no ownership rights in the Payment Brand Marks. Merchant shall not assign the rights to use the Payment. Brand Marks to any third party. Merchant's right to use. the Payment Brand Marlys hereunder terminates with the termination ofthis Agreement. 7. Fees; Copvenlence Foes. 7.1 .Fees.'Unless the Pay Connexion Service Terms specifically slate -otherwise; Merchant. isdirectly responsible. for paying the: processing fees set forthon Schedule A -to Paymentech for all Transactions processed hereunder. Specifically, this Section 7.1 and Scn6dule A shall not apply if the Pay Connexion Service Terns stale that Service Provider.is responsible for paying Merchant Processor processingfees and other similar fees and charges. Merchant acknowledges that thefees stated. in Schedule A -are based upon the assumption:that Merchant's Brazos County Pay Connexion POS Public Sector en!Sermsand Conditions Page 16 of 21) Vol. S _ Pct. Transactions will qualify for certain .interchange rates,, as determined in each case by the applicable Payment Brand. If any of Merchant's Transactions fail to qualify for such interchange rates, Paymentech shall process each such Transaction at the applicable. interchange rate determined by the applicable Payment brand. Fees payable under this Agreement that contain a fraction 'ofa cent will.be rounded up to the next full cent. Furthermore: the fees set forth on Schedule A may be adjusted to reflect increases by Payment Brands in interchange, assessments; or other Payment Brand feesor additional fees imposed by the Payment Brands. Merchant shall pay all such fees, as so adjusted. Each such adjustment shall become effective upon the date the corresponding increase or additional fee is implemented by the Payment Brand. 7.2 Convenience Fees. To the extent Merchant or Service. Provider charges and collects a,Convenience Fee from,Payor at the time of the Transaction; Paymentech shall process and fund the. Convenience Fee, as well as the Tiansaction Data (alkla Sales Data); in accordance with this Agreement and Section 4.3 of the Pay Connexion Service Terms, as applicable. 8. Termination. This Agreement shall.terminale'simultaneously with the Pay'Connexion Service Terms. The provisions, governing processing and settlement of Transactions, all related Refunds, and the resolution- of any related Chargebacks, disputes, or other issues involving Transactions willcontinue to apply even after termination of this Agreement, with respect.to all Transactions made prior to such termination or after such termination, as described: below. After termination of this.Agreement for any reason whatsoever, Merchant shall continue to bear rotor responsibility far all"Chargebecks and Refunds resulting from Transactions processed pursuant to this Agreement 9. Transaction Data, Card Information and Payor Information. 9.1 Protecting: Payor Jnformation.'ay -accepting. Cards from its Payors, Merchant acknowledges and understands the importance of protecting Card information and Payer Information and complying with the Payment Brand Rules, Security Standards, and applicable lav:. Merchant financial information, Transaction Data, and other Information that Merchant Provides to Paymentech or Service Provider may be shared among Paymentech, Service Provider andtheir affiliates and with, the -Payment Brands subject to the provisions of this Agreement and PaymenEBrantl Rules. Merchant agrees to comply with all Security Standards, as defined in the ServiceTerms. By signing below, the Parties acknowledge. and agree that where Merchant Is not accepting API .Transactions, CSft Transactions, AdmiriTransactions.andlor POS Transactions Merchant has,contracted'with :Service Provider for the:colleclion of Card information and,Payor Information directly from,Paycrs through PayConhexlon, as well as the subsequent storage and protection of Card: information and Payer Information collected by Service Provider through Pay Connexion while it to Service Provider's.possession. Furthermore; where Merchant is not accepting API Transactions, CSR Transaction s,. Admin Transactions andlor. POS Transactions, Merchant represents and warrants that it does not have access to Card information.(such as the Payocs Card account number, expiration date, security code. PIN data orrany track ilaia.availablethrough:the Card's magnetic strip), and. Merchant shall not request access to Card information from Service Provider or Paymentech_ At anytime during the term of this .Agreement, and Specifically Including but not limited to where Merchant. is accepting API Transactions; CSR'Transacfions, Admin Transactions.andfor POS Transactlons, if Merchant, its employees„agentsbr affrfiates„gain access to Transaction Data of Card infoimalion, Merchant shalt (a) hot use Transaction. Data or Card Informationrother than' for the,sole purpose of completing the Transaction authorized by the;Payorrforwhich the information was provided toMerchant, or.. as -specifically allowed by: Payment Brand Rules, or required-bv law; (b) not use transaction uata or tram intormadon for fraudulent purposes;--(c)lnimediately notify Paymentech and Service Provider, and (e) execute all such Instruments and documents that Psymentech and Service” Provider may reasonably �equestin order to:ensure Merchant's compliance with Security Standards and all. associated financial obligations therewith. Similarly, if a4 any, timeduring: the term of this Agreement Paymentech or Service Provider become. aware of Merchant's, its employees', agents' or affiliates' access to Transaction Data or Card information, Merchant shall execute all such instruments and documents that, Paymentech,Member and Service Provldermay reasonably request in order to. ensure Merchant's -compliance with Security Standards -and all associated financial o6ligatigns therewith; if at. any thne Merchant believes that Transaction Data, Card Information, Payor Information has been compromised Merchant :must notify Service Provider and Paymentech immediately and assist In providing notification to the proper parties. Merchant acknowledges that its failure to comply with the Payment Brand Rules, including the Security Standards, or the comprorimise of any, Transaction Data, Card information or Payor Information, may iesultin assessments, fines andlor penalties by the'Payment Brands. In the event Paymentech, Member or Service Provider Incurs any damage, liability, fee, fine, assessment or penalty ( Loss')as a result of�Merchar t'sbreaoh or violation of rho Payment,Brand Rules or Security Standards, or breach of Merchant's obligation to provide disclosures relating to Convenience Fees at each Public Sector Entity point-oEsale as set forth- in the Service Terms, Merchant shall reimburse Paymentech, Member and Service Provider, as applicable, immediately dor all such Losses. Furthermore, if any Payment Brand requires aforensic examination of Merchant:or any of Merchan('s agents; business partners, contractors; or subcontractors. due. to a'Data.- Compromise Event, Merchant agrees to cooperate with such forensic examination. ural It is completed, includind„without limitation, fhe engagement of an examiner accepliable :to the relevant Payment.Brand. Notwithstanding the, foregoing, the Payment. Brands may directly, ordemand that Paymentech, engage an examiner on behalf ofthe Merchant t0 order to. expar ire the investigation of the Data,Compromlse Event By executing this Agreemem, Merchant represents that, h the event of as failure;,. including bankruptcy, insolvency, or other suspension bbbusfness operations, Merchant shall not sell, transfer, or disclose to third parties any materials that contain -Transaction Data. Card information or. Payor Information.. Upon request, Merchant must return such Informatloii to Paymentech, Member.or Service Provider or provide acceptable. proctor Its destruction. 9.2 Sharing Information. Merchant ;inancial. information, Transaction Data, and other information that Merchant provides to Paymentach may be shared by. Paymentech with Its affiliates. Paymentech will not otherwise disclose or, use such information for any purpose whatsoever other than (i) as necessary to process Merchant's Transactions or otherv)ise provide services and maintain Merchant's” account pursuant to thrs Agraement; (i) to detect, prevent, 'reduce, or otherwise address .iraud, :security, or technical issues) (iii) to enhance or, improve Paymentech's products and ser4ices generally; or "(iv) as other rise required or permitted by the Payment Brands or applicable law. Paymentech may prepare, use, and/or share with .third parties, aggregated, non -personally idenllfiable. information derived from Transaction Data of all of Paymentech's customers or specific segments of Paymentech's customers. 9.3 API Transactions; CSR Transactions; Admin Transactions; POS Transactions. Where.Merchan( is accepling API Transactions,. CSR Transactions, Admin Transactions and/or POS Transactions, Merchant also acknowledges the heightened risk associated' with its access to Card information and Payor Information, and that Merchant must establish policies and procedures: to protect such inlonnation:in:confannity with the Payment Brand Rules, :Security Standards,and applicable. law, including the storage and disclosure of such information. Merchant funher acknowledges. It snail exercise reasonable care to prevent use or disclosure: of Transaction Data, 'Card Information and Payor Information, other than to (a) Merchant's agents and contractors tot purpose of assisting Marchant In completing a Transachon;'lb) to the applicable Payment Brand; or Ic) as Speer ft required by low. Merchant Is allowed by the Payment Brand Rules to store only certajq Cartl intortnat"n and Payor Information (currently limned to the PayoFs name, Card account number, and expirationrdate} and, is. prohibited from St. aaditlonal Card. in(ormationaad Payor lateral n including. without IimItalian, any socunly code datasuch as CW2,._VC2„and PIN data, and any magnetic stripe track data. Merchant sno11 store all media cantaining.Cardiriformation and Payor Infor Information I. an.unre8dable Brazos County Pay Connexion POS Public Sector Marc iil.Temis.ard.Condihons Paim 17 of 20 format wherever it is stored and in an area limited to selected personnel on "need to. know" basis only. Prior to either party discarding any material containing Card information. and Payor Information the party will render all Card account numbers unreadable. If at any time Merchant determines orsuspeds that Transaction Data, Card information or Payoclnformavon has been compromised: Merchant must notify Paymentech immediately and assist in providing notification to such paries as may be. required by law or Payment Brand Rules, oras Paymentech otherwise reasonably deems necessary. Merchant further agreestoprovide Paymentech; upon its request, with such tests, scans, and assessments.ol'Merchart's compliance wiln Security Star dards as may from time to time. be required by the Payment Brands. 9.4 Third Party Service. Providers. Merchantmust notify Paymentech ofits use of any additionalthirdparty, serviceproviderthaf processes , stores, receives,. transmits,. or has access to Card information or'Payor Information on Merchant's -behalf, including, without limitation. its agents, business partners, conlractors,.and subcontracers;("SPSW) and. to the extent required by,each Payment. Brand all TPSP must be (a) compliant with all.Security Standards applicable to TPSP; and (b) registered with andlor recognized by such Payment Brand(s) as being so compliant. Merchant agrees to exercise due diligenceto ensure that all TPSP, and any other agents, business •partners, contractors, or subcontractors with access to Merchant's Card information and Payor Information, maintain compliance with tile. Security Standards. Tb the extent:requiredby each Payment brand, all Payment Applications'(defined as a third party. application used by.Merchanl that is involved in the authorization or settlement of Transaction. Data) or software Involved In processing, storing, receiving, or transmitting of Card Infortnatibn, shall be.(c) compliant withallSecurity Standards applicable to such Payment Applications orsoftware;'and (d) registered with andlor recognized by such Payment Brand(s) as being so compliant 10. Miscellaneous. 10.1 Taxes. Unless Merchant. is otherwise exempt,and, if applicable, provides a valid exemption certificate, Merchant agrees to pay any taxes imposed an the services provided under this Agreement. 10.2 Representations. Merchant represents and warrants that its execution of and performance under this Agreement (a) in no way breaches, contravenes, violates, or. in any manner •conflicts -with any of Its other legal obligations, including, without limitation, its corporate charter or similar,document or any agreement between Met cham and any third party or any affiliated entity; (b) has been duly,authonzed.byall necessary action and does, not require any consent or other action by or in respect of any third party; and (c). that the person signing this Agreement on behalf of Merchant is duly authorized to do so. Merchant shall perform its obligations under this Agreement In compliance,with all applicable laws. 10.3Waivers. No term or condition of this Agreement maybe waived- except puisuant to a written.waiver executed by the party against whom such waiver is sought to be enforced. 10.4 Notices. Except as otherwise providetl inthis Agreement, all n0lice5 roust be given in writing and either hand delivered, faxed,: mailed first class, postage prepaid, sent via electronic mail transmission, or sent via overnight courier. (arid will -be deemed to be given when so delivered or -mailed) tothe addresses set 160 below or to such other address as either party mayfrorn time 16 time specify to the other parry in writing. 10,5 Taxpayer Certification. Pursuaid to 26 115C 6050W, .Paymentech is a "payment settlement entity", obligated t6 co)Iect and report certain taxpayer information to the United States Internal Revenue Service. TbereRlra Jin -conjunction with the execution of lhis.Agreement, Merchant shall plovide Paymentech; (either directly or through Service Provider) with the appioprlale laipayer certification documentation, via Internal -Revenue Service (IRS) Form WA (or 'the appropriate versions of Form W-8 if,applfcable). Merchant shall promptly notify Paymentech if there, are any changes; in this information. Paymentechmay deduct w0ho;ding :taxes, it any, from proceeds payable to Merchant or any, emilythat is a party to this agreement where required under applicabla law. Paymentedtmay, In accordance withappli le. t law andfromtime to time during the term of this Agreement,; request Merchanfto recertify its taxpayer certi5calion hereunder. Furthermore, Merchant shall immediately reimburse Paymentech for any fines, fees, penalties or assessments' that may -be'Imposed on Paymentech for Merchant's failure to comply with Section 10.5. 10.6 Merchant Application; Information about Merchant and Merchant's Business, In addition to the obligations-setforth herein. Merchant may be required to complete a merchant application ar addifionalSet up documentation to:allow Paymentech or Service Provider to, among other things, perform required credit and underwriting functions and activate Merchant's account within Paymentech's processing system(s). Furthermore, upon Five (5) days' written notice, Merchant agrees to'furnish to Paymentech (a) Its most recently prepared financial statements and credit Information; and (b) If applicable, its three most recent filings with the SEC. Merchant agrees to provide Paymentech with. prompt written notice a Merchant is the subject of any voluntary or involuntary. bankruptcy or Insolvency petition or.proceading. Merchanfls signature on. this Agreement authorizes Paymentech to perform any credit check deemed: necessary with respect to Merchant Merchantacknowledges that the Payment Brands may: require Paymentech or Member to audit Merchant's compliancewith this Agreement or the Payment Brand Rules. Accordingly, with prior notice and during. Merchant's normal business hours, Payrnentech's duly authorized representatives may visit Merchant's business premises and may examine Merchant's books and records .that pertain In Merchant's Transactions orMerchant's compliance with this Agreement 10.7 Survival. The provisions of Sections 4, 5. 6, B, 9, 10, 11 and 12 shalf survive the termination of this Agreement it. Limitation of Liability. Under no this Agreement exceed the total fees fees, interchange,_ assessments, per O\SEQU EN-11AL, OR PUNITIVE DAMA C LLF*M51T'QNICALLY IN CONNE-C)"]ON IN I FOR COMME-BCIAL SERI'1GES. TUE lP IREVERY D.IkLAINI ANY AND ALL WA REGARDING QUALITY, SUITABILITY, (REGARDLESS -OF ANY COURSE OF 1)E. AGREF,NIEN-I' Olt.\NY GOODS PROVIDED will far : NY nenlech's'financial responsibility to Merchant for its failure ofpedormance tinder r Merchant (pursuant to Section 7) or Service Provider (net of Payment Brand the: sur months final to the f1me the liability arose. IN NOE' VENT WILL LNnfLoYEFS, OR AFFILIATES. BE LIABLE FOR SPECIAL, INCIDENTAL, QSS/'1112171', DISAPPEARANCE, Olt DAMAGE TO iDXE% TRANSMITTED - if M1f. ALL PARTIES ACKNOWLEDGE' THAT TIOS IS AN AGREENIENT ERcl,IL ccik DOES NOr APPLY ANT PAI" EN'IECII ;kND NIE\IUPJi Plifi$S OR INII'LICD;_MAD2 TO.\IP•.ItGfiAN-I' oil Au y OTUER PERSON, IILI1'V; .FITNESS FOR A PARTICUI,.AR. PURPOSE.: OR OTHERWISE ll, OR USAGE. OF TRADE) `Oft ANY SERVI(XS.PROVIDED UNDER TIUS Brazos. County Pay Connexion POS Public Sector Merchant Conditions Page 18 of 20 vol. � SSS✓ pg..`4925 I:. G&W, TeMs `O: IIie'..-Y tc4a:d in Yi5ny`htn: y+l man we Pe •aU q: lsutiE: til 6.a:ry 'n Ira Far C0ac2a_n. 5e9.]> 'CharglLJcb t•'�q ireoe:e n. a,rJo:a[I{n4!:rc-ar.:i�ors'/Irvs✓:'rd:uFa ed•C:ri is (??ay,i$eN $t,R'a 1'lu'CS. rJ7..sxtpzn i .Ca me IS OIC rr3,lCdV reSU 5; ^r ;LCS ,LY.It. [4::,J E•3TL p(:}, in ry_ t-?:afii&1 +1 51G ai w?ry:n ^., . Tr.,nsacti r Ds�. Cam rto'na n a;c•orP�Yr n?oann..ca. d +ula mL ns Z,y r cnd'w ads 50n: k a. Mas:re.'.... 1- r' g, aa., r: a.:ien Fu „ ,_,v, •,a0mm.l. cr ..a.c , er znras, arch„-; ay.xm,..,ii d,a uansr4P. 'Re/una?bRa f nl idm a e.r,Cen pcfi y , th ieara m nufudds '.`tNFleval.9eyueaG Sltana arvLeS ih(crtn Mn eYa^dYu•a 1aj.:nJy(Bmc:]9a-•a!0a UJimU 0.^('a5a4Y.-,1•„^g.Tranvc6:a,. 'Seined *.a P a ' a' hlzmh a i amae�an u used LtP+aar, a Pa;a.:A Wre d at ['rent. a'3a �:z oticE m,n e a'na c_c...aye:' ,amd,b Pa PL/rr and p1tn71I ter the wrd;; z w a ebad er eerntt et Ne Rekxl et sus :vnj::ase ad the vase: fc+auch T.n;ac :2EWd b/the P:yF±e�9gry inrOugT paymeNeG''b L�Alernlanr. T2.dewion, mom d Tfalta on c0nd=ed Cerdee t a pay "C tdMEfat,! a ^ud le win bcM'.k:c:ajla a ocbin, Ed Wr,,E,e (EC ?ay+,r ,^,rod AJafwwjt jje&d -; pC;( Tfa15f.'L.:�J, ah] Yij:en `Ac,,cilant a:upy FOS Tra^,syuiEnY, QjR .ni's:'?.Jns. PCinil Tra+s:nL-ns 34W FPI Troy$Suart , th.a ;aml Tremae»c siiaS elo tr tl•!n_ a. is 'e CS?, Transadio?s_.API ': a�uactuy.. bsntn Ttan'.xane axi FOS Tmans _c m_ 'T,aOIncNER0a!3' M,3a Pb wexel rr cfaT•am..e n. vzixl q.ynaut rman(ea aro aw:^areay ncU--.a su^,:prem reca'd, lich u svb.t s m Paytrdc.:rci;. 'TrilUCV01 Raealpiniau an e.e mr ,C w S,,;.er •<vrf nt a irane:sti.r ge..s:a d '4 -r -c mE;t'n.r l a it at AuaWn:; a 1N WITS°_33 VMER£OP, ih, endarv.yr+td Pa taz t,.r y"I namldd{pis AN,41,,,, AtVe*d I'd A:.E,V¢d ty. f!•(�:ha. zed sl+p7�.�t) ,n l Ptmt mmabtl Ttla - Date :wiladc _.. Lot State7C Q.. arc .{c p. Ne JP510 tletw&r'B:tF".'K, {jVt�p,,,. h�,U Lnp9h5't 5 r:riL¢P:cr aC �Y {L4t CY0 0Jf11M1•i ragana ” id- vic :i” °dr�rdalicePrestcJent (�a:e ea; Cw iu;i hp . j,a.d Nd AC"V.b6:0y:' .:CC kl4itlf srrc o behn:fciJP`M rJr. CM1tadd I "r"st Coy, 511Y ups ' Trt to cvnpklsc G/ P.iyircrceJ,. Ct.0 kE1pd el .,_V .vt 1pl 'vye.:. OF t'.t sy, ..ia.a .la,ronc I 'v .ns,r>e.n narz -e.ale .c.,;xs Vial. ZZ pg. t _ v:Aa11 AMENDMENT TO 11-0098 VEHICLE GRAPHICS THIS AME NDM)Nby T TO IMOR VEHICLE GRAPHICS ("Amendment") is entered into: and effective this 15th day of November, 2016 ("Effective Date") and between Briiios County ("Custome?'), and CC Creations. ("Contractor") each of which may alternatively be referred to herein.as a "Party" and collectively as the "Parties". Alb capitalized terms in this Amendment shall have the samemeaning as in the Agreement (as defined below) unless Otherwise stated herein. REC ITAL.S WHEREAS, the Parties entered into that certain original contract'# 2014-79:{"Agreement") for purposes of CC Creations to,provide of the service of vehicle graphic installation; and WHEREAS, the Parties desireao amend the pricing asset forih.in original contract ,,# 2014.79. A(:AI:EME1YT NOW THEREFORE, in consideration of the above premises, and other good and valuable consideration; the. receipt and sufficiency of which are hereby acknowledged, the'Parties hereto agtee to amend :the Agreement as follows: 1. The fee and services for the Renewal Term shall be as setforth in amended tabulation for 177009R Vehicle Graphics, a copy of which is attached hereto and incorporated herein'for all pwposes as "Exmbit:A 2. Conflictti4o Other 2 vocations. ,Inahe event of A conflict between the ternts ofthis.Am ridment.and the terms of the Agreemenl, this Amendment shall control. All other :terms of the Agreement shall remain unchanged and in full force and effect: IN WITNESS WHEREOF, the Parties hereto have caused this Amendment to besigned by their authorized representatives as of the Effective Date. This Amendment maybe executed in counterparts, all. of which taken together shall constitute one; instrument. Electronic or facsiniile.signatures are acceptable form's of execution of this Amendment and shall be binding on all Parties,hereto. BRAZ S CO Sigrrplure.� a>C Cr Yle_ \P Name. Title 11_.11 I! Date CC Signtihn•e; name Szv r� M� .Title. Dale Iva Po. - i F' f. Brazos Count Purchasing Department n 200 SOUTH TEXAS AVE SUITE'352 BRYAN, TX 77803 PHONE.(979)361-4290 FAX(979)361.4293 November 042016 C.C., Creations 1 TD Phone: 979.697-9664 114 Holleman Dr: College Station, TX 77840, Rei Reneivafof Contract #17-009R Vehicle Graphics Willi CC Creations. Brazos -County appreciates.the quality workyour company has provided and would like to exercise the renewal option forVeIdcle:Grophicq 17-0094, previously knowtar 2016-03R '1014.79. This renewal term will, be for one year starting.Novembar 8, 2016 through August'24, 2017. All terms, conditions,'and 'pricing shall r"einain the same with the exception of the amended prices listed below.. Constable Precinct I Graphics Change:. Removing the striped look at the base of the car and going with"text only reading BRAZOS'C,(AJN PCT7 Old price $550 Now price with cut maroori vinyl;'it will all be printed. ipe that starts behind the front wheel and ends at the back of the carr ing the back to be more like'Precinct J g Pct. 3 -above back wheel New Constable PrecincP4 No longer using reflective vinyl:aoywhere on,the car, Old price$495, New price- $445 Page 1:of 2 To aceept,the renewal and amendment as, stated above,, please fill out the information and sign below.. Return the signed doeuni6ts by. email to cnorton@brazoscountytx.govror fax to (979) 36.1-4293. Please then submit the original signed documents and an updated Certificate of Insurance by mail to the address, listed above. Please return neceptance :as soon as possible. If you haveany questions, I may be reached at(9,,79)361-4291. t -mai 1;rr `J cCt Ve-,,,_��u//l-uSe,. rax: �?lM. C.C. CREATIONS LTD Authorized S nature t lers;,CountyJudge. Page.2 of 2 ff -Y 1I Date 1( j boa. Date voi. - �0 Pa. � A7 EXHIBIT A ANIENDED TABULATION 17 - 009R GRAPHICS FOR VEIIICLES Precfuusk known as 2014 - 79, 2016-03R November S. 2016 - Aueust 24, 2017 :_ '. ifi? )k °l +e } it}, jkY' c}; t v �"`"" T4giyCp r,.A,2 ri%,�M1,' y'tF : Cst No of Uchtcic for x� ', -+� d`aS�S'&yi" t -�-4 + 5 r :cr n65Mam '" CC Crc9twns- a .d�f''SSk� t StrcetSlgns :A? nhg*°...' k Y - Fast Stgn�in�,,,�a° �'chtclo TyprI rr 3* `w'c, • s • 7�` rtrt n1r (raphies.msti l� '� >• ,+=^0^os�+st !, arta Cra bier km , .-r+xc..:sz.� ri Dodge Charger -Sheriffs Office ,7 $250.00 w/ 911 Decal $78965 $399.50 Graphics $210.00 w/out 911 Decal Ford Pickup SUN'/SO Graphics 1 $250.00 $789.65 $399.50 Dodge Charge - Constable Pct. I 1 S520.00 S1,022A4 $495.00 Dodge Charger - Constable Pct.2 1 $200,00 $785.45 55.10.00 Graphics (lodge Charger -Constable Pa 1 $300.00 S1,395.45 $495.00 Dodge Charger- Constable l'ct.4 1 $445.00 $1,033.23 5495.00 Graphics Various Departments Count5 Seal �' $26.04 rellective $41.12 $35.00 Only ( 16") S15.00non-reflective Various Deparnnents- Counh'Sea[ 4 $16.00 reflective $2491 $35.00 Only (I2") $12.00non-reflective ,.r; 'fOIi1I�SF'"-,C>'''',..'ct,L:t-<t+4R. ca.. -5779600 1�,",55594J'OOrS; tG,.�0$t5757177 Vendor must indicate 512.00/sq.11. non retlective $35.00 (defined u one Small repairs to vehicle graphics what is considered a 516.00 sq./it. reflective $234.00 sea[) small repair Large repair or replacement of vehicle Vendor must indicate ve 5 non reflective $534.75 $90.00 graphics what is considered a $16.00 sq. lectiv 516.00 sq./ft. reflective r, 6,Nd .)one door, 6 sq. ft.) I:n'ge repair Removal Pec $100.00 $320.00 $3.00 per sq. ft. On -Site Removal Fee 5175.00 $800.00 $3.00 per sq. R. Time to complete one vehicle approximately one day 8 hours one day 5 yrs on vertical pia els (sides of 3 yrs. ((cared for R'A 121E\N•1'V; vehicles), I year for horizontal parcels according to provided care 5 years for sides, I y'e:u (hoodArunk top) I guide for hoodtrunk RPCpAINIFNDA'FION CR?ATION'S n Dred by Co mix acv's Cot_irteon 1n J " day of O st'/ � erp- r:. 2016 by di osistion of vol. S� Pg. 3° DEPARTMENT: MEETING DATE: SUBJECT: BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM Road & Bridge November 15, 2016 Right -of -Way Acquisition Acceptance of Special Warranty Deed from Jason Lyn Siegert, Trustee for 0.005 acre of land to be used for improvements to Smetana Road located in Precinct 4. The following supporting documentation is attached for reference: • Copy of Special Warranty Deed • Copy of Right -of -Way Acquisition Agreement SUBMITTED BY:: 1 IQC..J . Darrell W. Kolwes Right of Way Agent This request is KA Irma Cauley Commissioner PrecX ct 4 Duane Peters, County Judge DATE: Vol. a Pg. ;?, 3/ imissioners' Court NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER Special Warranty Deed THE STATE OF TEXAS COUNTY OF BRAZOS Smetana Road KNOW ALL MEN BY THESE PRESENTS: GRANTOR(S): JASON LYN SIEGERT, TRUSTEE of the Testamentary Trust (called "Trust B") created under the Will of J. O. Siegert duly admitted to probate on October 28, 2011 in Cause No. 14,285 -PC, County Court at Law 91, Brazos County, Texas Grantor's Mailing Address: 5173 Burt Road Bryan, Texas 77807 GRANTEE: BRAZOS COUNTY, TEXAS Grantee's Mailing Address: 300 East 26th Street Bryan, Texas 77803 Consideration: Ten and No/100 dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. Property (including any improvements): All that certain lot, tract or parcel of land being 0.005 of one acre of land situated in the JOHN WILLIAMS SURVEY, Abstract No. 237, Brazos County, Texas and being a part of that certain called 1.0 acre tract as described in deed from Sondra P. Siegert, as Independent Executrix of the Estate of J. O. Siegert, Deceased to Jason Lyn Siegert, Trustee of the Testamentary Trust (called "Trust B") recorded in Volume 11475, Page 215 of the Official Records of Brazos County, Texas, said 0.005 of one acre tract being more particularly described by metes and bounds description as shown in Exhibit "A" attached hereto and made a part hereof for all purposes. [VO l, -�� - p9 Reservations from and Exceptions to Conveyance and Warranty: There is hereby EXCEPTED and RESERVED from this conveyance, and retained in favor of the Grantor, their heirs, executors, administrators, successors and assigns, in perpetuity, all of the oil, gas, liquid hydrocarbons, residue gas, the products and by- products of the foregoing, sulphur, coal, lignite, uranium, and all other minerals in, on or under the hereinabove described property; provided, however, Grantor, their heirs, personal representatives, executors, successors and assigns shall have no right of ingress and egress at any times for the purpose of mining, drilling, exploring, operating and developing said lands for oil, gas, and other minerals or for storing, removing, transporting, processing or marketing the same there from. This reservation and exception shall, however, include the right of Grantor, its successors and assigns, to grant leases on the property to develop same by directional drilling, pooling, unitization, or subsurface gasification, or liquefaction processes. Notwithstanding anything herein to the contrary, the Grantee shall have the right to- use, ouse, without additional compensation, any stone, earth, gravel, caliche, iron ore or any other road building material upon, in or under the property for the construction and maintenance of road or roads thereon, such materials, for the purposes of this conveyance, being herein defined as not constituting 'other minerals." This conveyance is made and accepted subject to any and all conditions, restrictions, if any, relating to the hereinabove described property, to the extent, and only to the extent, that the same may still be in force and effect, shown of record in the office of the County Clerk of Brazos County, Texas. Grantor, for the consideration and subject to the reservations from and exceptions to conveyance and warranty, grants, sells and conveys to Grantee the property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to Grantee, Grantee's successors or assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators, and successors to warrant and forever defend all and singular the property to Grantee and Grantee's successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through, or under Grantor, but not otherwise, except as to the reservations from and exceptions to conveyance and warranty. When the context requires, singular nouns and pronouns include the plural. Executeyhis --�— day of "p 6 ve,�t ev, 2016. Jason yn Siegert, Trustdof the Testamentary Trust (calle"Trust B") created under the Will of J. O. Siegert duly admitted to probate on October 28, 2011 in Cause No. 14,285 -PC, County Court at Law 41, Brazos County, Texas Acknowledgment STATE OF TEXAS § COUNTY OF - -S § This instrument was acknowledged before meon //— —I— a ° 1 � by Jason Lyn Siegert, Trustee of the Testamentary Trust (called "Trust B") created under Will of J. O. Siegert duly admitted to probate on October 28, 2011 in Cause No. 14,285 -PC, County Court at Law 91, Brazos County Texas. Vp,.�.fyn OA I LL W KOLWES My Com. rmssian Expires Jury 23, 2018 Notary Public, State of Texas EXHIBIT "A" PAGE 1 OF 2 BRAZOS COUNTY RIGHT-OF-WAY WIDENING ALONG SMETANA ROAD BEING 0.005 OF ONE ACRE OUT OF THE JASON LYN SIEGERT CALLED 1.0 ACRE TRACT VOLUME 11475, PAGE 215 JOHN WILLIAMS SURVEY, A-237 BRAZOS COUNTY, TEXAS January 27, 2016 All that certain lot, tract or parcel of land being 0.005 of one acre situated in the JOHN WILLIAMS SURVEY, Abstract No. 237, Brazos County, Texas; and being a part of that certain Called 1.0 Acre Tract described in deed from Sondra P. Siegert, as Independent Execurtrix of the Estate of J.O. Siegert, Deceased to Jason Lyn Siegert, Trustee of the Testamentary Trust (called "Trust B") of record in Volume 11475, Page 215, Official Records of Brazos County, Texas, said 0.005 of one acre tract being more particularly described by metes and bounds as follows: BEGINNING at a 1/2" Iran Rod found for the most northeasterly corner, said point also being the occupied southeast corner of the Phillip Bienskf Called 0.89 acre tract as described in Volume 12002/117 and referenced in Volume 1018, Page 552; THENCE S 04020'40" W a distance of 46.69 feet to a 1/2" Iron Rod found for the most southeasterly corner said corner being located in the southeast line of said Called 1 acre tract, said corner also being located in the northeast line of the Sanh Trinh Called 1.30 acre tract as described in Volume 10660, Page 188; THENCE N 63°09'21" W along the southwest line of said Called 1 acre tract and the northeast line of said Called 1.30 acre tract a distance of 4.15 feet to a Iron Rod With Cap set for the most southwesterly corner; THENCE N 0200315" E through the interior of said Called 1.0 acre tract for a distance of 36.55 feet to a 1/2" Iron Rod With Cap set in the northwest line of said Called 1 acre tract and the southeast line of said Called 0.89 acre tract for the most westerly corner; THENCE N 42050'40" E along the northwest line of said Called 1 acre tract and the southeast fine of said Called 0.89 acre tract for a distance of 8.50 feet to the PLACE OF BEGINNING CONTAINING AN AREA OF 0.005 OF ONE ACRE OF LAND MORE OR LESS, according to a survey performed on the ground during the month of January, 2016 under the supervision of H. Curtis Strong, Registered Professional Land Surveyor No. 4961 and working under Firm No. 10093500. North Orientation is based on rotating the northeast line to grid north, NAD83(2011)epoch 2010.00 Texas State Plane, Central Zone as derived by GPS observations. For other information see accompanying plat. Zp� I Zo< L M 1 W N G Q j — Z Q LLJ o 'QZZw~Q>~.c c O w LL- u" Zu V,5-aao N v V1j<OO JOr O6V Q''W CAO ZQcu Jy7aa zWm �oV0C)0J��o� w a =atemt--ZV¢O=m z°° = JZ_ USO w+ v V d c o �03co a ^O^ cob p mM Cl^mO � u N N ONi O Q. N v�°atko 0 3 0 CCQ p4.`. o v y C N C 6 Z w E o W Zn5 SC 0 CO M W or ^ m > v N N J J c C C c d f V Zw2 a 0- LLJ J =; �F-0 0 10 a�N�a \ 7 U z � Jarc� 0 2W zU�O� m^ © 07 a 0 o O WD;�\ a NCj O] m o OQ O m N W N Nv 0— c a \ m d m O U y w o -> JWNW m E m O 3wW Jm^3 C ° ^ d°Nu�� a =: 0 U' OOf N/p o �� z E N O O N N� E Fr d'M NN mv' QOOO Vt ao�o m0zzz U p d G � ,W r N z NMC' W c�N� cm d t;% O; 2 �aui v L o = c c •�. m: o p o.N m m o YI.W h m am 00 O P V d �a, b iQi �O V V N^ L O O NC V W .O_. vP N 1 VO4. CVs Pg. a'IF b RIGHT-OF-WAY ACQUISITION AGREEMENT Road: Smetana Road Project: R4-280 W.O. No.: 33214 Precinct: 4 I (we) the undersigned owner(s), accept payment of $200.00 as compensation and full settlement for granting of Special Warranty Deed in, along, upon and across 0.005 acre of property located on above meryk[i}ned project. 1�7 Jason Trust (called "t rust B") created under the Will of J. O. Siegert duly admitted to probate on October 28, 2011 in Cause No. 14,285 -PC, County Court at Law #1, Brazos County, Texas Date: //— —7' /L SVol. �.2 p-. ��7 % 1+ 13RAZOS COUNTY, TEXAS BUDGET AINIENDMENT(S) GOR T11E 2015-2016 13UDGET YEAR NO. 15/16 59.1 — 59.2 On this the 15th day of November 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. Samnty Catalena, Commissioner, Precinct 2 D. Kenny Mallard, Commissioner, Precinct 3 E. Irma Cawley, Commissioner, Precinct d P. Karen iMCQueen, County Clerk The following proceedings were held: THAT NV1IEREAS, on 15th day of November 2016 the Court heard and approved a budget amendment for the 2015-2016 budget year for Brazos County, 'I'e.eas; and NVI IEREAS, expenditure is necessaryclue to the necessity to meet unusual and unforeseen conditions which could not be roasonah1v included in the original budget adopted 3 September 2015, the following amendment(s) to the original budget are hereby autha'ized, as described on the attached page(s). ADOPTED AND APPRON'ED this the 15th day of November. TETE COMMISSIONERS COURT OG BRAZOS COUNTY, TES\S. Bv: V -� 2L Duane Peters, County Judge Orightah County Clerk's Office and Attached to the original budget vol. ;? V J� Pg. �Z✓'�r� BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 15116 • 59.1 1111512016 FUNDI DIV I ACCT I PROD I DR/CRj ACCOUNT NAME Increase Decrease 0100 25002000 53300000 CR Em lovee Health Insurance 27,305.00 0100 25003000 53100000 CR Social Security 2,650.00 0100 25003000 53101000 CR Flex Benefit 464,00 0100 25003000 53300000 CR Fm to ce Health Insurance 5.732.00 0100 25003000 53500000 CR Workers Comp 1,536.00 0100 23000300 51200000 DR Salary- Dept. Heads 35.220.00 I I I I I I I I I I I i I I I I I I t I I I I I I � I Jail Admin and Jail ,Medical Division I Reallocation of funds to the proper account to account for Dr. Jones' salary that was paid in FY 16 for Division. his time spent in the Jail Medical I I I I I I I I I I I I I I Vol; BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 15116 - 59.2 FUND - DIV ACCT PROJ DRICR ACCOUNT NAME Increase I Decrease 0100 31000200 53300000 CR Employee Health Insurance 12,901.00 0100 31000200 51200000 DR Salary - Dept. Beads 12,901.00 I I I I I I I I I I I I I Juvenile Detention Reallocation of funds to the proper account to account for Dr. Jones' salary that was paid in FY 16 for his time ;pent in the Juvenile Detention Division. I I I I Vol. P9 �° BRAZOS COUNTY, "TEXAS BUDGET AMENDtNIENT(S) FOR'TNE 2016-20]7 BUDGET YEAR NO. 16/17 7.1 — 7.10 On this the 15th day of November 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 tllallard, Commissioner, Precinct 3 E. Irina Cawley, Commissioner, Precinct 4 F. Karen D4cQueen, County Clerk The following proceedings were held: THAT WHEREAS, on 15th clay of November 2016 the Court heard and approved a budget amendment for the 2016-2017 budget year for Brazos County, Texas; and W11 F REAS, expenditure is necessary clue to the necessity to meet unusual and unforeseen conditions which could not be reasonably included in the original budget adopted 6 September 2016, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND AI`PR0VPD this the 15th day of November 2016. THE CO\LIN iISSLONERS COURT Oh IMAZOS COUNTY, TEXAS. t 13y: �.. Duane Peters, County Judge Original: County Clerk's Office and Attached to the original budget BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 16117 - 7.1 11/15/2016 DRICR To recognize monetary donutions from htsurers of'] ex,i ($100) and A10 Valie ($500) to assist with the Employee Luncheon during the Benefits Fair that will be field on November 17. 2016. pg. Vol. �S BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 16/17 . 7.2 11/15/2016 CR recognize monetary donations from Galilee 'Missionary Baptist Church (5200) and Peaceful Rest Baptist Church (5300) to be used to chase holidav eifts for the vouth housed in the Brazos Comnv Juvenile Detention Center. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 16/17 - 7.3 11/15/2016 FUNDI DIV I ACCT PROJ I DR/CR ACCOUNT NAME Increase Decrease 0100 11000500 692030010 CR Elinor Com uter Hardware 98&.40 Ot00 IS000100 60500000 1)R G ui ment I.T. Enhancements 9SS.40 I I I I I I I I I I I I I I I I I I I I I I I I I I I Non -De artmentnl and County Altornev Reallocation of funds to the Correct division and account for the urchase of 7 additional Com neer monitors in the County Attome $ Office. I I I va. ads Pg. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 16/17 - 7.4 11(15/2016 FUND DIV ( ACCT �ROJ DR/cR ACCOUNT NAME Increase Decrease 01001 11000500 67203000 CR Minor Com ester Hardware 1.095.75 0100 18000100 67203000 DR Minor Computer ilardware 1,095.75 i\on-De �nrtmental and CountsMmrnec Reallocation of funds to the correct division and account to mrehase a Scanner with imprinter for the County Attorney. � l � 1 --�7 Pg. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 16117 - 7.5 11/15/2016 FUNDI DIV I ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 1 11000500 1 65051000 CR lAir Cond/Heating, Nlaint. 7,342.53 01001 17000100 67236000 UR Equipment -Other 7342.53 Non -Departmental and Facilities Services kcallocation of tends to the correct division and account to purchise a ini'rared camera and a rover qUality Io6ger for the Facilities Services. [Vol . _- Pg. �`� BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 16117 - 7.6 1111512016 FUNDI DIV ACCT PROJ I DRICRI ACCOUNT NAME Increase I Decrease 0100 11001500 61130000 CR Conun�encv 3,927.53 0100 13000100 60211000 DR Soft",are - No Tam 3,256.30 0100 15000100 60500000 DR E ui tment fi IT Enhancements 31.60 0100 13000100 67203000 DR Minor Com LACI Hardware 5325.43 I I I I I I I I I I I I I I I I I I I I I I I I I I Ceneral Fund Contingency and Counts Attornee Rcallocatiun of funds to the correct division and account n t0 uchasC S desk top com niters and 1 la tut for the County Attornev-S office. � I I I I I I I I I I I I I I I BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 16/17 • 7.7 11/15/2016 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 11001500 61130000 CR Contingency IOS.S9 0100 /1000500 60500000 CRE<ui mens & IT Enhancement 966.00 0100 22200100 1 60211000 DR Sofneare-No Ta; 325.20 0100 22200100 60500000 DR Equipment & IT Enhancement 151.911 0100 22200100 67203000 DR Minor Computer Hardware 594.75 General rand Contimencr. Aon -De nrtmentul tmd 361st District Court Reallocation of funds to the correct division and account to purchase a desk top computer for the Bailiff in 36th was ip roved for FY 17 in the amount of 5966. District Court. This project Vol. �'�`�� Pg.��� BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 16117 - 7.8 11/15/2016 FUNDI DIV I ACCTPROJ DR/CR ACCOUNT NAME Increase Decrease 0100 11000500 67211000 CR Software 3.754.76 0100 1 14000200 60211000 DR Software - No Ta, 3,754.76 I I I I I I I I I I I I I I I I I I � I I I I C I I I I I I I Non -Departmental and 1'I' Screices Reallocation of funds to the correct division and account to PUCIIISC the Historic Network Traffic Monitor Software. I I I I I I I I I i Vol. t ✓` Pg.S�l i BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 16117 . 7.9 11/1512016 FUNDI DIV ACCT I PROJ DR/CR ACCOUNT NAME Increase I Decrease 0100 11000500 67892800 CR Vehicle Be ui ment - SO 2,267.50 0100 28000100 67890000 UR Vehicle L' ui ment 2.26750 I I i ( I I I I I I I I I I I I I I I I I I I I I I I I I 1 I I I I I I I I I I I I I I I I I I I I I Non -De rartmenUd and SO Admin Reallocation of funds to the correct division and account to >urchase a radar for the additional atrol unit. I I I I I I I I I I I I I I I I I I Vol. P9• o7S� 67281000 0100 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 16117 - 7.10 Reallocation of funds to the appropriate division and account to purchase a portable PA system forth, Brazos Center. This project was pg. Vol. �- �/ :_. PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: November 15, 2016 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Change Requests Department Submitting Employee Request Action Requested Request(s) Applies To Brazos Center Emergency Management Exposition Complex Road & Bridge Sheriffs Office — Detention Seidlitz, Gabriel Ware, Jason Rodriguez, Richard DeJesus, Andres N Talley, Diana B. Woods, Bobby Ryan, Travis G. Spivey, Ronald D. Approved in Commissioners' Court: November 15 2016 County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) Separation Change of Status Separation Change of Status Change of Status Change of Status Employment Employment G § COUNTY OF BRAZOS § STATE OF TEXAS COMMISSIONERS COURTS: DELIBERATION REGARDING CONTRACT BEING NEGOTIATED WITH THE COLLEGE STATION INDEPENDENT SCHOOL DISTRICT; CLOSED MEETING. The Commissioners Court ("Court") has proposed to deliberate the negotiation of a contract related to establishment of a school resource officer program between Brazos County and the College Station Independent School District in closed session. The Court wishes to deliberate the business and financial issues of the proposed contract. Texas Government Code §551.0725 provides that the Court may deliberate the business and financial issues of this contract in closed session if, before conducting the closed meeting: (1) the Court votes unanimously that deliberation in an open meeting would have a detrimental effect on the position of the Court in negotiations with a third person; and (2) the attorney advising the commissioners court issues a written determination that deliberation in an open meeting would have a detrimental effect on the position of the commissioners court in negotiations with a third person. (b) Notwithstanding Section 551.103(a), Government Code, the commissioners court must make a tape recording of the proceedings of a closed meeting to deliberate the information. It is my determination that deliberation in an open meeting would have a detrimental effect on the position of the Court in negotiations with a third person. Bill Ballard Assistant County Attorney Date: 11/15/16