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2017-06-20 10:00AM REGULR MEETING
BRAZOS COUNTY BRYAN,TEXAS FILED FOR RECORD DATE AT ;/,'3U O'CLOCK i M KAREN MCQUEEN gr QS COUNTY CLERK NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON JUNE 20, 2017 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 Berry Call for Citizen input and/or concerns Consider and take action on agenda items 3-19: 3. Reappointment of the following to the Local Workforce Development Board; terms of appointments are 07/0112017-06/30/2020: • a. Ann Boney, Community Based Organization • b. Chris Dyer, Community Based Organization • c. Clark Gandy, Labor 4. Appointment of Diamantina Montalvo to the Local Workforce Development Board; term of appointment is 07/01/2017 - 06/30/2020. 5. Consideration and approval of an order approving and authorizing the publication of Notice of Intention to Issue Certificates of Obligation and other matters related thereto. 6. Request from the Jail for the following personnel reclassification effective June 20, 2017. This request will decrease the FY 17 Jail Administration's Budget in the amount of $1,502, and increase the FY 17 Commissary Budget in the amount of $5,315. • a. Increase Program Re -Entry Specialist, Class Code 1563 Position 1, Group 22 Step 2 to Group 24 Step 6, Pay Code 014 Hourly Salary to Pay Code 013 Salary Staff. • b. This position will be split funded 75% under Jail Admin and 25% under Commissary Fund Vol. .2 pg. Approval of the following job descriptions: • a. Class Code 0433, Position 3 - Clerk, Temp. for District Attorney, Crime Fund • b. Class Code 0433, Position 4 -Clark, Temp. for DistrictAttomey, Crime Fund • c. Class Code 1563 - Program Re -Entry Specialist for Sheriff's Office - Jail Acceptance of the following Public Assistance Grant from Texas Department of Public Safety for road damages from severe storms and flooding on May 26, 2016: • a. PW -00715 - $12,489.09 Greens Prairie Road • b. PW -00680 - $12,621.07 Old Reliance Rd, Kurten Land and Dilly Shaw Tap • c. PW -00717 - $7,573.18 GrassBur Rd, Elmo Weedon Rd., Weedon Loop, Lakefront Dr., Cliff Rd., Warren Ranch Rd., Long Trussell Rd., Merka Rd., Wilcox Ln 9. Approval of contract with ProCore Technologies for online subscription for project management. 10. Approval of amendment and renewal of contract # with Lexis Nexis for District Attorney's online subscription for the investigators. 11. Approval of the purchase of 20 licenses that will automatically renew the original license agreement with Odysseyware, Inc. once payment is received. 12. Consider and take action on the Wellborn Special Utility District utility permit to construct a road bore for a 2 -inch water line crossing under North Dowling Road 4,925 feet southwest of Holleman Drive. Crossing will maintain a minimum depth of 36 inches below ditch flowline. Site is located in Precinct 1. 13. Consider and take action on the Bryan Texas Utilities (BTU) cost estimate of $12,329.60 for the adjustment of four (4) poles on Mesa Verde Drive. This work is needed in order to accommodate the extension of Mesa Verde Drive from Chaco Canyon Drive to SH 6. Site is located in Precinct 1. 14. Tax Refund Applications for the following: • a. George B. Johnson - Overpayment $15.53 • b. Aspen Heights - Overpayment $129.27 • c. Bill & Betty Moseley - Overpayment 859.23 • d. Jeffrey & Belinda Mattke - Overpayment 822.79 • e. Robson Thorp - Overpayment 844.69 • f. Robert & Sara Lammerts - Overpayment $3,564.36 • g. Helena Chemical Company - Duplicate Half Payment $3,340.29 • h. Thomas Shaw - Overpayment 836.52 15. Budget Amendments. Budget Amendments FY 16/17 38.1 - 38.5 16, Personnel Change of Status. Personnel Action Forms 17. Payment of Claims. 18. Convene into Executive Session pursuant to Texas Government Code 551.0785 for deliberations involving medical or psychiatric records of a county employee. 19. Consider and possible action on Executive Session. Vol. "Z_5-�4 Pg. �� 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. 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 Courf 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, orofane, 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 meetting. 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. Fbwever, responses from the County Judge or Commissioners to unlisted publlc 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 Cour.. 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 wll have no impact on their right to actively participate in the business of the Court. The Commissioners Courtroom of the County Administration Building, 200 South Texas Ave., Suite 106, Bryan, TX 77803 is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two working days before the meeting. To make arrangements, please call (979) 361-4102. Vol. Pg. 70 The foregoing minutes of the Commissioners Court meeting held June 20, 2017 have been examined and are approved in open Court this I t i ., day of 2017, in Bryan, Brazos County, Texas. Duane Peters County Judge 94w 4�- Sal y Cat ena Commissi ner, Precinct 2 Attest: `� Karen McQueen County Clerk Steve Aldrich Commissioner, Precinct 1 Commissioner, Precinct 3 Vol. 5, - Pg. -2L Name BRAZOS COUNTY COMMISSIONER'S COURT cquek DAY O r,�.y 2017 L 6•` cc� AM , Organization Pg I of 2 j 441 5a�a,?-o� Vol. �11S Pg 2of 2, BRAZOS COUNTY COMMISSIONER'S COURT • &A:M Name (PLEASE PRINT) 20`7 Organization (PLEASE PRINT) 4 Vol. Pg. `✓� _ MINUTES JUNE 20, 2017 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, June 20, 2017 with the following members of the Court present: Duane Peters, County Judge, Presiding; Steve Aldrich, Commissioner of Precinct 1; Sammy Catalena, Commissioner of Precinct 2; Nancy Berry, Commissioner of Precinct 3; Irma Cauley, Commissioner of Precinct 4, Absent; Karen McQueen, County Clerk. The attached sheets contain the names of the citizens and officials that were in attendance. Invocation and Pledge of Allegiance - U.S. and Texas Flag - Chaplain G.H. Jones and Commissioner Berry Call for Citizen input and/or concerns There was no citizen's input. Consider and take action on agenda items 3-19: 3. Reappointment of the following to the Local Workforce Development Board; terms of appointments are 07/0112017-06/30/2020: • a. Ann Boney, Community Based Organization Vol. Pg. I- b. Chris Dyer, Community Based Organization c. Clark Gandy, Labor Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Sammy Catalena. Passed. 4-0. Ayes: Aldrich, Berry, Catalena, Peters. Absent: Cauley. Appointment of Diamantina Montalvo to the Local Workforce Development Board; term of appointment is 07/01/2017 - 06/30/2020. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Sammy Catalena. Passed. 4-0. Ayes: Aldrich, Berry, Catalena, Peters. Absent: Cauley. Consideration and approval of an order approving and authorizing the publication of Notice of Intention to Issue Certificates of Obligation and other matters related thereto. A copy is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Sammy Catalena. Passed. 4-0. Ayes: Aldrich, Berry, Catalena, Peters. Absent: Cauley. 6. Request from the Jail for the following personnel reclassification effective June 20, 2017. This request will decrease the FY 17 Jail Administration'sBudget in the amount of $1,502, and increase the FY 17 Commissary Budget in the amount of $5,315. • a. Increase Program Re -Entry Specialist, Class Code 1563 Position 1, Group 22 Step 2 to Group 24 Step 6, Pay Code 014 Hourly Salary to Pay Code 013 Salary Staff. • b. This position will be split funded 75% under Jail Admin and 25% under Commissary Fund A copy of the position control changes is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Steve Aldrich. Passed. 4-0. Ayes: Aldrich, Berry, Catalena, Peters. Absent: Cauley. Approval of the following job descriptions: • a. Class Code 0433, Position 3 - Clerk, Temp. for District Attorney, Crime Fund • b. Class Code 0433, Position 4 - Clerk, Temp. for District Attorney, Crime Fund • c. Class Code 1563 -Program Re -Entry Specialist for Sheriff's Office -Jail A copy of the job descriptions is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Sammy Catalena. Passed. 4-0. Ayes: Aldrich, Berry, Catalena, Peters. Absent: Cauley. 8. Acceptance of the following Public Assistance Grant from Texas Department of Public Safety for road damages from severe storms and flooding on May 26, 2016: • a. PW -00715 - $12,489.09 Greens Prairie Road Vol Pg. /i� • b. PW -00680 -$12,621.07 Old Reliance Rd, Kurten Land and Dilly Shaw Tap • c. PW -00717 - $7,573.18 GrassBur Rd, Elmo Weedon Rd., Weedon Loop, Lakefront Dr., Cliff Rd., Warren Ranch Rd., Long Trussell Rd., Merka Rd., Wilcox Ln A copy is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Steve Aldrich. Passed. 4-0. Ayes: Aldrich, Berry, Catalena, Peters. Absent: Cauley. 9. Approval of contract with ProCore Technologies for online subscription for project management. A copy of the contract is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Sammy Catalena. Passed. 4-0. Ayes: Aldrich, Berry, Catalena, Peters. Absent: Cauley. 10. Approval of amendment and renewal of contract # 18-025 with Lexis Nexis for District Attorney's online subscription for the investigators. A copy of the renewal of contract is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Sammy Catalena. Passed. 4-0. Ayes: Aldrich, Berry, Catalena, Peters. Absent: Cauley. 11. Approval of the purchase of 20 licenses that will automatically renew the original license agreement with Odysseyware, Inc. once payment is received. A copy of the agreement is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Steve Aldrich. Passed. 4-0. Ayes: Aldrich, Berry, Catalena, Peters. Absent: Cauley. 12. Consider and take action on the Wellborn Special Utility District utility permit to construct a road bore for a 2 -inch water line crossing under North Dowling Road 4,925 feet southwest of Holleman Drive. Crossing will maintain a minimum depth of 36 inches below ditch flowline. Site is located in Precinct 1. Motion: Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner Sammy Catalena. Passed. 4-0. Ayes: Aldrich, Berry, Catalena, Peters. Absent: Cauley. 13. Consider and take action on the Bryan Texas Utilities (BTU) cost estimate of $12,329.60 for the adjustment of four (4) poles on Mesa Verde Drive. This work is needed in order to accommodate the extension of Mesa Verde Drive from Chaco Canyon Drive to SH 6. Site is located in Precinct 1. Vol. _S FPg. f Motion: Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner Nancy Berry. Passed. 4-0. Ayes: Aldrich, Berry, Catalena, Peters. Absent: Cauley. 14. Tax Refund Applications for the following: • a. George B. Johnson - Overpayment $15.53 • b. Aspen Heights - Overpayment $129.27 • c. Bill & Betty Moseley - Overpayment $59.23 • d. Jeffrey & Belinda Mattke - Overpayment $22.79 • e. Robson Thorp - Overpayment $44.69 • f. Robert & Sara Lammerts - Overpayment $3,564.36 • g. Helena Chemical Company- Duplicate Half Payment $3,340.29 • h. Thomas Shaw- Overpayment $36.52 Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Steve Aldrich. Other. 4-0. Ayes: Aldrich, Berry, Catalena, Peters. Absent: Cauley. 15. Budget Amendments. Budget Amendments FY 16/17 38.1 - 38.5 38.1 Reallocate funds for Hotel Occupancy Tax Fund. 38.2 Reallocate funds for Sheriff's Office - CSI SID School Security. 38.3 Reallocate funds for Juvenile Court Referee. 38.4 Reallocate funds for Justice of the Peace, Precinct 2 - JP Tech Fund. 38.5 Reallocate funds for Juvenile Services. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Sammy Catalena. Passed. 4-0. Ayes: Aldrich, Berry, Catalena, Peters. Absent: Cauley. 16. Personnel Change of Status. Personnel Action Forms A copy of the Personnel Change of Status requests is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by County Judge Duane Peters. Passed. 4-0. Ayes. Aldrich, Berry, Catalena, Peters. Absent: Cauley. 17. Payment of Claims. Claims 7156691-7156885 Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Nancy Berry. Passed. 4-0. Ayes: Aldrich, Berry, Catalena, Peters. Absent: Cauley. LV ol. f Pg. %; 18. Convene into Executive Session pursuant to Texas Government Code 551.0785 for deliberations involving medical or psychiatric records of a county employee. At this point, the County Judge announced the Court would consider items 20 through 22 then return to convene into Executive Session. Having considered the previously noted agenda items, at 10:11 a.m. the County Judge stated that the Court would convene into Executive Session to deliberate pursuant to Texas Government Code 551.0785 as stated above. The following individuals were asked to stay for the meeting: Candy Gallego, Executive Assistant Jennifer Salazar, Human Resources Director Bruce Erratt, Civil Counsel Ed Bull, Civil Counsel 19. Consider and possible action on Executive Session. At 10:19 a.m. the County Judge announced the meeting open to the public. On motion by Commissioner Berry, seconded by Commissioner Catalena, the Court voted unanimously to approve a specific procedure for a certain Brazos County employee. 20. Sheriff's report on inmate population. Sheriff Chris Kirk stated there were 688 inmates in jail, 587 inmates are male and 95 are female, 62 have electronic monitors and 19 are pending for monitors. 21. Announcement of interest items and possible future agenda topics. There were no announcements. 22. Call for Citizen input and/or concerns There was no citizen's input. 23. Adjourn. Vol. 5' pg. Z_ ORDER APPROVING AND AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION AND OTHER MATTERS RELATED THERETO WHEREAS, the Commissioners Court (the "Court") of Brazos County, Texas (the "County"), finds that the design, planning, acquisition, construction, equipping, expansion, and/or renovation of the public property and payment of fees for professional services described in Exhibit "A" hereto would be beneficial to the inhabitants of the County, and such property is needed to perform essential governmental functions, and the Court has determined that certificates of obligation (the "Certificates") should be issued pursuant to the provisions of the Certificate of Obligation Act of 1971, Section 271.041 et seg., Texas Local Government Code (the "Act"), for such purposes; WHEREAS, prior to the issuance of the Certificates, the Court is required under the Act to publish notice of its intention to issue the Certificates in a newspaper of general circulation in the County, the notice stating (i) the time and place the Court tentatively proposes to pass the order authorizing the issuance of the Certificates (the "Order"), (ii) the maximum amount of Certificates proposed to be issued, (iii) the purposes for which the Certificates are to be issued, and (iv) the manner in which the Court proposes to pay the Certificates; NOW, THEREFORE, BE IT ORDERED BY THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS, THAT: Section 1. The form and substance of the form of NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION, which is attached hereto as Exhibit "A", is hereby adopted and approved. Section 2. The County Judge or the County Clerk shall cause the notice to be published, in substantially the form attached hereto, in a newspaper, as defined in Section 2051.044, Texas Government Code, as amended, of general circulation in the County for two consecutive weeks, the date of first publication to be at least 30 days prior to the date tentatively set for approval of the Order. Section 3. Both the County Judge and the County Clerk are hereby authorized and directed to execute the certificate to which this Order is attached on behalf of the Court and to do all things proper and necessary to carry out the intent thereof. Vcl. _ Pg.� EXtUBIT A NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION NOTICE is hereby given that it is the intention of the Commissioners Court of Brazos County, Texas (the "County"), to issue interest-bearing Certificates of Obligation of the County to be designated and known as the `BRAZOS COUNTY, TEXAS CERTIFICATES OF OBLIGATION, SERIES 2017 (the "Certificates") for the purpose of providing for the payment of contractual obligations to be incurred in connection with the design, planning, acquisition, construction, equipping, expansion, improvement, and/or renovation of the Juvenile Detention Center; and the payment of contractual obligations for professional services in connection with such projects (including, but not limited to, financial advisory, legal, architectural, and engineering). The Commissioners Court tentatively proposes to authorize the issuance of the Certificates at its regular meeting place in the Commissioners Courtroom, Brazos County Administration Building, 200 South Texas Avenue, Suite 332, Bryan, Texas, at a Regular Meeting of the Commissioners Court to be commenced at 10:00 a.m., on the 25th day of July, 2017, in an amount not to exceed $13,000,000. The Commissioners Court presently proposes to provide for payment of the Certificates by the pledge of an annual ad valorem tax levied upon all taxable property within the County, within the limits prescribed by law, and by a pledge of 51,000 of certain of the revenues received by the County from the operation of the Brazos Center, The Certificates are to be issued, and this notice is given, pursuant to Section 271.041, et seg., Texas Local Government Code. ATTEST: /s/ Karen McQueen County Clerk, Brazos County, Texas (COMMISSIONERS COURT SEAL) /s/ Duane Peters County Judge, Brazos County, Texas A-1 i Vol. _o� F 9 — CERTIFICATE FOR ORDER We, the undersigned County Judge and County Clerk of Brazos County, Texas (the "County") hereby certify as follows: 1. The Commissioners Court of the County (the "Commissioners Court") convened in regular session, open to the public, on June 20, 2017, at the meeting place designated in the notice (the "Meeting"), and the roll was called of the members, to wit: Duane Peters, County Judge Nancy Berry, Commissioner, Pct. 3 Steve Aldrich, Commissioner, Pct. 1 Irma Cauley, Commissioner, Pct. 4 Sammy Catalena, Commissioner, Pct. 2 All members of the Commissioners Court were present, except I m , thus constituting a quorum. Whereupon among other business, the following was transacted at the Meeting: a written ORDER APPROVING AND AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION AND OTHER MATTERS RELATED THERETO (the "Order") was duly introduced for the consideration of the Commissioners Court. It was then duly moved and seconded that the Order be finally passed and adopted; and after due discussion, such motion, carrying with it the adoption of the Order prevailed and carried by the following vote: YES: A— NOES: Q ABSTENTIONS: O . 2. A true, full, and correct copy of the Order adopted at the Meeting is attached to and follows this Certificate; the Order has been duly recorded in the Commissioners Court's minutes of the Meeting; the above and foregoing paragraph is a true, full, and correct excerpt from the Commissioners Court's minutes of the Meeting pertaining to the adoption of the Order; the persons named in the above and foregoing paragraph are duly chosen, qualified, and acting officers and members of the Commissioners Court as indicated therein; each of the officers and members of the Commissioners Court was duly and sufficiently notified officially and personally, in advance, of the time, place, and purpose of the Meeting, and that the Order would be introduced and considered for adoption at the Meeting and each of such officers and members consented,_ in advance, to the holding of the Meeting for such purpose; and the Meeting was open to the public, and public notice of the time, place, and purpose of the Meeting was given, all as required by Chapter 551, Texas Government Code, as amended. 3. Karen McQueen is the duly elected and acting County Clerk of the County. SIGNED AND SEALED this June 20, 2017. Karen McQueen County Clerk, :Brazos County, Texas ,(COMI ISSIONEO COURT SEAL) 5 A, T Duane Peters County Judge, Brazos County, Texas Vol.Pg. OO ry r BILAZOS COUNTY,I'F.SAS REQUESTED POSITION CONTROL CIIANCFS TO PROPOSED BuDGE1' .fail - Prar'ated Far the Year Etidiieg Seplemher 30, 2017 Later Dote: CJ13/2017 E(freti,'c Date: 6/17/2017 Bi,seekl,/ Naw Imtats trcreaael teae.aa moria looease/ Agenda Date W-2012017 Ba,ie Pae Budget Mud) Budget 1111-1 uarr.,ri n>ti�,.rl ma,�t uma,et Salary+ Une t xny \Iedi,aU Uraa"+ 'Title 0... Ihnt. Croup Step, Code Hou" hate \Icri1 raluriaa PI<:,\ I<rtirru¢m .t`t \\ Ci0 mens Oernal 1 Wque.l: Inca.,. l'u,itian -:-' Front: Jail 51300000 53100000 53200000 53800000 53900000 k7edicaiiFlex 2SO02000 Program Re -Etat, Spr1. 1563 1 __ _ UN G00 23.84 13,304,00 I'o. 28002000 11n:gruni Re -Entry Spcl. 1563 1 24 .G 013 7.5 2.324.00 13,072:50 (1.232.00) (04.001 (172.011) (3,001 - - Arcual 77,430.00 SEI' RE.SIIIA: (1.5023x)) Posi7ion \,ill be split funded - 755: - 28002000 (Jail) :its(] 25%- 2N006000 (Commissars. F'undsl 2 Itequesl: Split I....Main hebu•et, J.H:uul Conuois,nry Frntn; .fail 51300000 53100000 53200000 53800000 53900000 6lectcaliFlex I'o: 2µO05000 Progrtm Re -linin' Sad, 1 1 24 ti 013 7.5 2.324.00 3,357.50 4,3 SS 00 333.0) 61400 14.00 - Iii[S11I;1': Aocrcaic _t4., 7:•='" Actual 17.430.00 SET RESUTA: 5,315.00 Position ,,ill be split funded - 75%-'_81102000 (Jail) and 25% - 280116000 (Comnli.,a"' Funds) For , tl et OHIce Use: 5 3,72 5 779.00 f 43 S 70.00 5 - b - Total Cost 8 3,813.00 'hicrcasc4li 1?l"-17;Blidget.:�:;� Approved by: DRAZOS COUNT N% HAAS REQUFS'I'ED POSITION CONTROL CIIANCES TO I'ROPOSISD ISUD(J:I' .fail - Anneal Pur the. Wa, Ending Segtlrndn•r 30.2017 LcucrDate: 6/13/2017 GidTli,, D,a, 6/I7/2017 Rineekkl Ba, —.re W lnaeaaer lnaersrl mcroeu/ mcreeso/ Agenda Dale: 6/20/2017 Rasie Pa, Itudgcl Il nnrh1 Iludger 111—a �t t Salm'\'� {41{$� U enq+pp SL A1caU 1lrpar1. tide Class I'nsl. 6\uap Stc11s C.& Ilners Rate \leril S,dari" 19 C.5 Rcn nt :-, 55/C We'.] 1 Rrllllest: Incrrxs, I'nsilion - r Fano: .Wl 51300000 5/100000 53200000 53800000 53900000 Mada,,YFlex 25002000 Program R,F,a, S,1, 15113 I __ 2 014 2080 -3.Y4 49,538.110 T,,- 25002000 11n+granl lie-Gmn•Spc1. 1553 1 24 _ 6 (113 26 2,324.00 45,318.00 0,270,001 02.7.110) ,1598.00) (14901- - - RESUL'I': - A0,31 60,424,00 RI?Stll; I': (5,209,111) Position \rill be split I ... 0l- 75%-28002000 (.lail):md 25% - 2800611111(Commissary Funds) 2 Ih•gaeq: Splil pnsilinn benne,, .tail and Com missxn' Frnnr Jail I'ut 2 8110 5 0 011 RESULT: Pr am R 11 trr Spcl 1563 1 2a 6 1113 26 tlncn 1 c ti:��- Actual 60,424.00 P(mimn frill he split fnmled - 75%- 2SI1112000 (Jail) and S% - 28006000 (Cummissary Funds) NI?I RESIlC"r: I842500 Total Cost $ 13,216.00 7licre3ec to 11',:•)7 Mi gel 51300000 53100000 53200000 53800000 53900000 McdicallFlex 2,i24.00 15,10(,00 15.106.00 1,136.00 2,11590 44.00 Fo d at Office Use: 4 ,B .00 829. 1, 17,00 5 34.00 5 - 5 Approved by: 0Fr 'cl) ���r Brazos County Job Description �` Last Updated: Class Number- 1563 Title: i Program Re -Entry Specialist Pay Group: 24 —- ---------- 1 Department: , Sheriff -Jail Admin. FLSA Status — _ Exempt ---- —z Reports To: ----- - — --- ; Lieutenant, Program Division Approved Date: 1 OG -13-2.017 EEOC Category: j Professional Templa;u Prairies 12 e8n a2a4 IL,� pve,uvu ,� respuimuie rur coommaung me oneneer neentry erogram, and serves as the central point of referral contact between the Brazos County Sheriffs office, the Courts and the Community of Brazos County, The incumbent duties require close coordination, collaboration. tracking and monitoring of participants to ensure compliance with their service plan and terns of release. Responsiblklias also include working closely with partner agencies to ensure program participants are engaged and supported In services that Includes employmendtraining, housing, mentoring, and Pan and coordinate the components and services of an assigned county program, including daily oversight scheduling, program development and promotion: identity, develop, implement and evaluate operational objectives to meet program goals and objectives. Establish a network of community support and cooperation by meeting with representatives of government bodies, local businesses, other groups or organizations to promote program objectives, develop new programs and solicit participation, efficiently utilizing available expertise. Draft cooperative agreements, promotional/educatlonal and other materials to be used to forward the goals and objectives of the program. Identify, develop and implement program components and services based on needs assessment and ongoing program evaluations; conduct research to prepare programs component outlines and methods for evaluation. Identify, Develop and presenleducalion programs and seminars; develop objectives and curriculum. Supervise program staff selection, training In proper work methods and techniques, assign and review work and conflict resolution procedures when necessary; provide training and work direction to volunteers. Conduct ongoing program participant needs assessment and program evaluation by collecting data through various means to determine the success and effectiveness of current program components. Research and develop recommendations for program expansion capabilities, In conjunction with needs assessments and program evaluations, to better achieve goals and objectives. Maintain a variely of files and records related to program activilles; prepare financial, statistical and operational reports, which reflect program accomplishments. Ensure that assigned personnel perform duties and responsibilities in a safe and prudent manner, which does not expose them or others to unnecessary harts or risk of on the jab Injury. May prepare and recommend the programs budget, negotiate prices for goodsiservices, develop recommendations for space utilization and purchase of equipment and supplies; approve expenditures and monitor budget accounts. May develop and direct fund efforts, Including the preparation of grant proposals, so that the program may continue or expand its level of service, -Education Ex e-; - L —P__.. ___._—.__..__._..__.__...__�.._.____..__..___y_._.._—�.. _.__—_—._ ExerrJse direct supervision over program staff; directs the work of volunteersand coordinates the use of independent contractors reviews, re all program sten and volunteers, including assigning and reviewing work, conducting performance i reviews, recommending personnel actions, and (raining new staff. ' ----------- Required: Bachelors Degree and two years of experience. or 5 years of experience in restorative justice, victim advocacy, offender services, or related field. Experience whh chdc affairs, community groups, governmental (City, State and Federal) and community agencies. Experience supporting, empowering and managing I r individuals, usa curmg to coowdh ail population and must have reliabletransportation, Preffed: i i Required: a To perform this 1 ; requirements Ils - accommotladon i Preferred: I Five Years Re- ____._ i job sucoessfully, an Individual must be able to pertortn each essential duty sallsfactority. The tad below are representative of the knowledge, skill, and/or ability required. Reasonable ' s may be made to enable individuals with disabilities to perform the essential functions. Certificates, Licenses, -- — - -- Re istratioms Required: Possession of a valid drivers license required at lime of appoNtment. Same positions may require suhmisslon of a set of fingerprints for background purposes. Vol. _y Pg. ��� Preferred: Phys cal Defnands_— --- - - — - Typical: The physical demands described here are representative of those that must be mel by an employee to successfully perform the essential functions of this Job. Reasonable accommodations maybe made to enable Individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is regularly required to sit; use hands to ringer, handle, or feel; reach with hands and arms; bend and kneel; and talk and hear. The employee frequently is required to stand and walk. The employee must frequently lit andfor move objects weighing up to 25 pounds, Spark vision abilities required by this job include close vision, distance vision, peripheral vision, color vision, and ability to adjust focus. Knowledge, Skills, & Abilities ri---------ode; requirements ---- ' Typical: Texas Code of Criminal Procedure; Texas Penal Code; US. Constitution (8111 of Rights); requirements of Texas ' Commission on Jail Standards: supervisory management and Sheriffs Office policies and procedures. Knowledge of how to read and interpret criminal history reports, Knowledge of gong affifiallons. Should also understand budget management; standard once practices and procedures; first aid and medlcal procedures; and computers. Operate computers; read and write reports, letters, and memos; reason, and interpret documents, policies, and procedures; analyze data; safely operate firearms; perform basic malhemefical calculations; supervise work of others, recognize problems and recommend solutions; communicate effectively, maintain effective working relallomhips with cc -workers and Inmates. Must also be able to operate machinery, mai of orally and In writing; and mai min aequipment and operate a van pulling a trailer. ._ -. ..., ._..-..._._.....____ ... _... ...—_-:._.___� uw worn unvnonmem cnammensuus aescnoea nere are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations maybe made to enable individuals with disabilities to perform the essential functions. The noise level in the work environment is usually high. While performing the essential duties of this job the employee is constantly required to work closely with others as pad of a team. The employee is frequently required to respond to emergency sdualions and to perform multiple tasks simultaneously. Vol. S p9. /G �/ Brazos County Job Description Last Updated: September 2016 Template Revision 1.2 08116/2012 Class Number: 433 Title: Clerk, Temp. Pay Group: N/A Department: District Attorney, Crime Fund FLSA Status: Non Exempt Reports To: Chief Investigator Approved Date: 10/0112016 EEOC Category: Office and Clerical Position End Date: 09/30/2017 Temporary Employee Signature: l �J�(J14+� General Summary: This position is primarily filled by students who are in law school or will be attending law school and are looking to gain some legal experience as they continue their education. Assist all DA personnel with any work they need help with. Essential Duties: Assist Investigators with any work they may have which include serving subpoenas, picking up evidence from police agencies, pick up records from businesses; Assist attorneys with any work they may have which may include legal research or helping with a trial case; Filing paperwork or files, shredding paperwork, scanning documents into laseriche. Other Duties as assigned. 1 Supervision Received: Form Chief Investigator & District Attorney Given: This is a non -supervisory position. Education Required: High school graduation or its equivalent; or any equivalent combination of education and experience which provides the required knowledge, skills, and abilities. Preferred: Ex erience Required: To perform this job successfully, an Individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Preferred: Certificates, Licenses, Re istrations Required: None. Preferred: Vol. 2,-- - Pg. C Ph sical Demands TyplCal: The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is regularly required to sit; use hands to finger, handle, or feel; reach with hands and arms; bend and kneel; and talk and hear. The employee frequently is required to stand and walk. The employee must frequently lift and/or move objects weighing up to 20 pounds, such as boxes of files, stacks of records, or other similar objects. Specific vision abilities required by this job include close vision, and ability to adjust focus. Knowledge, Skills, & Abilities Typical: Computers, shredders; and standard office practices and procedures. Operate computers, Including performing word processing functions; read and understand manuals; operate office equipment, such as shredder, copy machine, and facsimile machine; communicate effectively, both in person and over the phone; and maintain effective working relationships with co-workers. Work Environment TyplCal: The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is may be required to perform multiple tasks simultaneously, and to work closely with others as a part of a team. The noise level In the work environment is usually moderate. znk�leLxo Duane Peters Date County Judge Vol. Jr=Pg. �� N NTY OF a�P Brazos County Job Description Last Updated: September 2016 Template Revision 12 09115/2012 Class Number: 433 Title: Clerk, Temp. Pay Group: N/A Department: District Attorney, Crime Fund FLSA Status: Non Exempt Reports To: Chief Investigator Approved Date: 10/01/2016 EEOC Category: Office and Clerical Position End Date: 09/30/2017 Temporary Employee Signature: Cof/t t �G r t General Summary: This position is primarily filled by students who are in law school or will be attending law school and are looking to gain some legal experience as they continue their education. Assist all DA personnel with any work they need help with. Essential Duties: Assist Investigators with any work they may have which include serving subpoenas, picking up evidence from police agencies, pick up records from businesses; Assist attorneys with any work they may have which may include legal research or helping with a trial case; Filing paperwork or files, shredding paperwork, scanning documents into laserfche. Other Duties as assigned. 1% Supervision Received: Form Chief Investigator& District Attorney Given: This is a non -supervisory position. Education Required: High school graduation or its equivalent; or any equivalent combination of education and experience which provides the required knowledge, skills, and abilities. Preferred: Experience Required: To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Preferred: Certificates, Licenses, Registrations Required: None. Preferred: VOLPg. %G Physical Demands Typical: The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. White performing the duties of this job, the employee Is regularly required to sit; use hands to finger, handle, or feel; reach with hands and arms; bend and kneel; and talk and hear. The employee frequently is required to stand and walk. The employee must frequently lift and/or move objects weighing up to 20 pounds, such as boxes of files, stacks of records, or other similar objects. Specific vision abilities required by this job include close vision, and ability to adjust focus. Knowledge, Skills, & Abilities Typical: Computers, shredders; and standard office practices and procedures. Operate computers, including performing word processing functions; read and understand manuals; operate office equipment, such as shredder, copy machine, and facsimile machine; communicate effectively, both in person and over the phone; and maintain effective working relationships with cc -workers. Work Environment Typical: The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of thisjob, the employee is may be required to perform multiple tasks simultaneously, and to work closely with others as a pan of a team. The noise level in the work environment is usually moderate. ROVED V6 Duane Peters Date County Judge Vol. Pg. /`'� a rfh Brazos County y Job Description o'hr OF se.P� Last Updated: Template Revision 1.2 0811 512 012 Class Number: 1563 Title: Program Re -Entry Specialist Pay Group: 24 Department: Sheriff -Jail Admin. FLSA Status: Exempt Reports To: Lieutenant, Program Division Approved Date: 06-20-2017 EEOC Category: Professional General Summary: This position is responsible for coordinating the offender Reentry Program, and serves as the central point of referral contact between the Brazos County Sheriffs Office, the Courts and the Community of Brazos County. The incumbent duties require close coordination, collaboration, tracking and monitoring of participants to ensure compliance with their service plan and terms of release. Responsibilities also include working closely with partner agencies to ensure program participants are engaged and supported in services that includes employmentitraining, housing, mentoring, and other comprehensive services Essential Duties: Plan and coordinate the components and services of an assigned county program, including daily oversight, scheduling, program development and promotion: Identify, develop, implement and evaluate operational objectives to meet program goals and objectives. Establish a network of community support and cooperation by meeting with representatives of government bodies, local businesses, other groups or organizations to promote program objectives, develop new programs and solictl participation, efficiently utilizing available expertise. Draft cooperative agreements, promotional/educational and other materials to be used to forward the goals and objectives of the program. Identify, develop and implement program components and services based on needs assessment and ongoing program evaluations; conduct research to prepare programs component outlines and methods for evaluation. Identify. Develop and present education programs and seminars; develop objectives and curriculum. Supervise program staff selection, training in proper work methods and techniques, assign and review work and conflict resolution procedures when necessary; provide training and work direction to volunteers. Conduct ongoing program participant needs assessment and program evaluation by collecting data through various means to determine the success and effectiveness of current program components. Research and develop recommendations for program expansion capabilities, In conjunction with needs assessments and program evaluations, to better achieve goals and objectives. Maintain a variety of files and records related to program activities; prepare financial, statistical and operational reports, which reflect program accomplishments. Ensure that assigned personnel perform duties and responsibilities in a safe and prudent manner, which does not expose them or others to unnecessary harm or risk of on the job injury. May prepare and recommend the programs budget, negotiate prices for goods/services, develop recommendations for space utilization and purchase of equipment and supplies; approve expenditures and monitor budget accounts. May develop and direct fund efforts, including the preparation of grant proposals, so that the program may continue or expand its level of service. Other Duties as assigned. 1 Supervision Received: Exercise direct supervision over program staff; directs the work of volunteers and coordinates the use of independent contractors Given: Supervises all program staff and volunteers, including assigning and reviewing work, conducting performance reviews, recommending personnel actions, and training new staff. Education Required- Bachelors Degree and two years of experience, or 5 years of experience in restorative justice, victim advocacy, offender services, or related field. Experience with civic affairs, community groups, governmental (City, State and Federal) and community agencies. Experience supporting, empowering and managing individuals. Must be willing to work with jail population and must have reliable transportation. Preferred: Ex erience Required: To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Preferred; Five Years Re-entry experience Fyc,i____ - Required: Possession of a valid driver's license required at time of appointment. Some positions may require submission of a ser of fingerprints for background purposes - Ph ical urposes. Physical Demands Typical: The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is regularly required to sit; use hands to finger, handle, or feel; reach with hands and arms; bend and kneel; and talk and hear. The employee frequently is required to stand and walk. The employee must frequently lift and/or move objects weighing up to 25 pounds, Specific vision abilities required by this job include close vision, distance vision, peripheral vision, color vision, and ability to adjust focus. Knowledge, Skills, & Abilities Typical: Texas Code of Criminal Procedure; Texas Penal Code; U.S. Constitution (Bill of Rights); requirements of Texas Commission on Jail Standards; supervisory management and Sheriffs Office policies and procedures. Knowledge of how to read and interpret criminal history reports. Knowledge of gang affiliations. Should also understand budget management; standard office practices and procedures; first aid and medical procedures; and computers. Operate computers; read and write reports, letters, and memos; reason, and interpret documents, policies, and procedures; analyze data; safely operate firearms; perform basic mathematical calculations; supervise work of others, recognize problems and recommend solutions; communicate effectively, both orally and in writing; and maintain effective working relationships with co-workers and inmates. Must also be able to operate machinery, maintain equipment and operate a van pulling a trailer. Work Environment Typical: The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. The noise level in the work environment Is usually high. While performing the essential duties of this job the employee Is constantly required to work closely with others as part of a team. The employee Is frequently required to respond to emergency situations and to perform multiple tasks simultaneously. PR Duane Peters Date County Judge Vol. _"Z -5—y- Pg. %// 0 TEXAS DEPARTMENT OF PUBLIC SAFETY 5805 N LAMAR BLVD • BOX 4087 • AUSTIN, TEXAS 78773-0001 5121424.2000 ,L www.dps.texas.gov y. B STEVEN G. MCCRAW COMMISSION DIRECTOR STEVEN P. MACH, CHAIRMAN DAVID G. BAKER MANNY FLORES ROBERT J. BODISCH, SR. A CYNTHW LEON DEPUTY DIRECTORS RANDY WATSON May 23, 2017 The Honorable Duane Peters Judge, Brazos County 200 S. Texas Ave., Ste. 332 Bryan, TX 77803 DUNS Number: 052960341 TINS Number: 17460004330 FIPS Number: 041-99041-00 RE: Public Assistance Grant, 4272, Severe Storms and Flooding Catalog of Federal Domestic Assistance (CFDA) Number: 97.036 FEMA Project Number: PA -06 -TX -4272 -PW -00715 Project Title: BZ0004C - Greens Prairie Road Period of Performance: 6/11/2016 to 12/11/2017 A Public Assistance subgrant has been awarded by Texas Division of Emergency Management (TDEM). PA -06 -TX -4272 -PW -00715 Version I Total Subgrant Federal Federal Cost Local Cost Local Cost Amendment Date amount Cost Share Share Amount Share Share Amount Percentage Percentage 0 05/15/2017 $49,956.37 75% $37,467.28 25% $12,489.09 This award is not for Research or Development as defined in 2 CFR 200.87. No indirect costs are available with this award. Direct Administrative Costs are allowable as outlined in the project scope. A copy of the approved scope of work is attached. Terms and conditions of this award are also attached. Signing and returning this award letter indicates Subrecipient's acceptance of the scope of the subaward, the ability to pay the state match and all grant terms and conditions outlined in the attached documents. Acceptance of the subaward must be returned to TDEM before payment on the subaward can be processed. EQUAL OPPORTUNITYEMPLOYER COURTESY. SERVICE. PROTECTION �/ol. � S � Pg. Z�� Brazos County, DR 4272, PW -00715 — Page 2 It is important that the Subrecipient read, understand and comply with the scope and all terms and conditions. It is also vital that this information be disseminated to Subrecipient's staff and contractors that are involved in work related to administrative support or administration of the subgrant. If changes are needed to the scope of the subaward, period of performance or costs associated to the subaward, the Subrecipient should immediately contact TDEM. No change will be considered made to the subaward until the Subrecipient is notified in writing by TDEM. Please sign below to acknowledged acceptance of this subaward and agreement to abide II terms a ondition . Designated Subrecipient Agent Date Should you wish to appeal any determination related to this subaward you must do so within 60 days of receipt of the notice of the action. You will need to provide your appeal with any documentation supporting your position to your assigned TDEM project officer within the allotted time. If you have any questions please contact Joey Gallo (512) 692-1233 or email at Joey.Gallo(Tilus.gt.com. ATTACHMENTS: Scope of Work Terms and Conditions TEXAS DEPARTMENT OF PUBLIC SAFETY 5605 N LAMAR BLVD . BOX 4007 • AUSTIN, TEXAS 78773-0001 PB 512/424-20000 E www.dps.texas.gov x � P � STEVEN C. McCRAW COMMISSION DIRECTOR STEVEN P. MACH. CHAIRMAN DAVID G. BAKER MANNY FLORES ROBERT J. BODISCH, Sk A CYNTHIA LEON DEPUTY DIRECTORS RANDY W ATSON May 23, 2017 The Honorable Duane Peters Judge, Brazos County 200 S. Texas Ave., Ste. 332 Bryan, TX 77803 DUNS Number: 052960341 TINS Number: 17460004330 FIPS Number: 041-99041-00 RE: Public Assistance Grant, 4272, Severe Storms and Flooding Catalog of Federal Domestic Assistance (CFDA) Number: 97.036 FEMA Project Number: PA -06 -TX -4272 -PW -00717 Project Title: BZ0006C - Precinct 2 - Roadway Damages Period of Performance: 6/11/2016 to 12/11/2017 A Public Assistance subgrant has been awarded by Texas Division of Emergency Management (TDEM). PA -06 -TX -4272 -PW -00717 Version / Date Total Subgrant Federal Cost Share Federal Cost local Cost Share Local Cost Amendment Amount percentage Share Amount Percentage Share Amount 0 05/15/2017 $30,292.73 75% $22,719.55 25% $7,573.18 This award is not for Research or Development as defined in 2 CFR 200.87. No indirect costs are available with this award. Direct Administrative Costs are allowable as outlined in the project scope. A copy of the approved scope of work is attached. Terms and conditions of this award are also attached. Signing and returning this award letter indicates Subrecipient's acceptance of the scope of the subaward, the ability to pay the state match and all grant terms and conditions outlined in the attached documents. Acceptance of the subaward must be returned to TDEM before payment on the subaward can be processed. EQUAL OPPORTUNITYEMPLOYER COURTESY• SERVICE. PROTECTION ELI �5�=P9---b/y- Brazos County, DR 4272, PW -00717 — Page 2 It is important that the Subrecipient read, understand and comply with the scope and all terms and conditions. It is also vital that this information be disseminated to Subrecipient's staff and contractors that are involved in work related to administrative support or administration of the subgrant. If changes are needed to the scope of the subaward, period of performance or costs associated to the subaward, the Subrecipient should immediately contact TDEM. No change will be considered made to the subaward until the Subrecipient is notified in writing by TDEM. Please sign below to acknowledged acceptance of this subaward and agreement to abide by all terms and conditions. I-7 Designated Subrecipient Agent Date Should you wish to appeal any determination related to this subaward you must do so within 60 days of receipt of the notice of the action. You will need to provide your appeal with any documentation supporting your position to your assigned TDEM project officer within the allotted time. If you have any questions please contact Joey Gallo (512) 692-1233 or email at Joey.Gallo(o)us.gt.com. ATTACHMENTS: Scope of Work Terms and Conditions DocuSign Envelope ID: C60AE02E-BA10-4AA1-BBEA-62E2EGGD86E1 6309 Carpinteria Avenue Carpinteria, CA 93013 (866) 477-6267 PROPOSED BY: Andy Catherwood andycathefwood@procore.com 805-252-8134 ORDER FORM FOR: Brazos County BILL TO: SUBSCRIPTION INFORMATION: Brazos County I Payment Term: Due Upon Receipt Charles Wendt Payment Method: Check 200 South Texas Ave. Service Start Date: June 26, 2017 Suite 352 Initial Term ( mos): Bryan, TX 77803 Renewal Term (moss)) : 12 United States Volume S) SHIP TO: OFFER VALID THROUGH: Brazos County June 22, 2017 200 South Texas Ave, Suite 352 Volume 5 Bryan, TX 77083 -anality & -Safely United States f SPECIAL TERMS: 50% of the total fees are due upon receipt of invoice and the remaining 50% of fees are due net 60 days from the Service Start Date. PRODUCT BILLING QUANTITY UOM PROJECT CAP FREQUENCY mu Ord., form .1n he Pr mams sre Sna,ndmlon Thterme")a—fl wall al w,prxp re com/pm e_M.Vl_201].ndL ThetRuduct p—hasedabove Ifrother Construction Financials Annual 20,000,000 Annual Construction 20 ss antro,the"YrBa Stan ECective Date"will eeual[he"Date. The'Syl End Date"w111 be 12 rt_ old As from the pfectaeuD.. unless othewii noted abc- and be solea to renewal Volume S) ACM/Wlre InSt,ms m,s'. Project Management Essentials Annual 20,000,000 Annual Construction 20 Address 42014ortgoinwry. Sao:rammed, r 941N USA Volume 5 SeLtmg Numb f:12:000243 -anality & -Safely Annual Annual Construction 20 120,000,000 Volume (S) Brazos Co my ' ustomer) TOTAL YEAR PRICE$32,945510(USD) ,TERMS Mb CONDITIONS all polar Om:ea and amount an, a,, In pried Rases Dollars (uso). Pdca euutea do no, duee tacos.ev:ry,mg his Onmr Form t^O,darnnm^I, I am autmnrzd rn mare misorderon beha'fof me Gum,esr and agree m all Pavme ns ad, me nue es Pmcme. 3V sigmnp:ff Order Forth Cl herehvagredA .he arm, an, condltlonsol mu Ord., form .1n he Pr mams sre Sna,ndmlon Thterme")a—fl wall al w,prxp re com/pm e_M.Vl_201].ndL ThetRuduct p—hasedabove Ifrother de' -bed m hit" "/'w—Idd.le cord/downlead s/9kFs/tor eConsvuclianOSPrcdual'me 01, The Order Form and Tern, thee eapre tool bsturen Proton and Lostomer simpeneding se order). TMs Order Par's'ECectNu an one, ,!arms Lmcirdogbut . not I.mLed no, ti,n terms of,inyCastomer purrlwm Oale'i e date of sigma rye by Pe for the yor of Produn(v listed above.un!edthe.wifenoted mrmuf ss antro,the"YrBa Stan ECective Date"will eeual[he"Date. The'Syl End Date"w111 be 12 rt_ old As from the pfectaeuD.. unless othewii noted abc- and be solea to renewal as pm led In the Terms. ACM/Wlre InSt,ms m,s'. Account Norte'. P,Ocore T,Imsyiog!es, Inc, in,' g Bank well, fargo Sane, N P. Address 42014ortgoinwry. Sao:rammed, r 941N USA SeLtmg Numb f:12:000243 Acwun: Number. rn399E3T1 Swift Cotle; v1FBNSfiS PD in Tax Exemor Brazos Co my ' ustomer) Procore Technologies, Inc. ("Procore") Signature: Signature s �- Name' nduane Peters Nance: Dennis Lyandres 1 Title: //f �,occi '��([.(— Title: Daze: ��� Effec;lve Date: DocuSign Envelope ID: 4DA2CF13-5ECB-4OE3-BF41-1E585BB1B171 — GOLD PACKAGE SERVICES INCLUDED --- ------ Included with t product Suhs<nptlon Included with 2 Product Suhsclptlons Included with 4+ Product SubsruVilonsk Un to 3 tamsvld all I I bnpkngr',nQlun pt's Cern Itl s nroyrnss Chepka on tP 5 fxsmz of Cil SIa, f'onrrs/1'.»W WOrkCows All vn411nr-mntailon bcur� -.aur be 1111-.vntvn Ibv1 S w.xxks 4 Un IOEtW11r5 VIrtWN 111mP4;nMnt.IWe yus Cnnsuuuron E nroNresx Ctwcks Un 1010 taua Cln:orn 6Prms/rhap ` .Afl0wt All mgdonlenlbeon nc lrs r,c be 'sod will'. hist 6 "aak, SUPPORT SITE Get unlimited access to Procore's premier knowledge base of -how-to" articles and detailed videos. Our support reps are only a phone Call, email, or five chat away. OWDEMAND TRAINING WEBINARS Join Prccore's Product Specialists for our Training Webmars, Each session is designed to help you learn Precore's full suite of tools. We 11 cover a series of topics and toot, quring each wehinar. GET PROCORE CERTIFIED Procore's role -based training courses teach you how to successfully use Procore on any construction project and earn a 'Pmoore Certified' certificate upon completion that you can add to your tinkedln profile, IMPACT SERIES Procure offers hands-on, in-person training of our live event- Impact Series, Whether at our headquarters or In a city near you, these events era great opportunities for your new Proc-ore users to receive role -based tralning and network with other Procore users. NEWSLETTERSEnloy our latest o2ooks, webiners and blog highlight sent to you via amaih Up to 5 tars vlrelal 11 Imp N:cnlat4Sn kill to 15 h.11 Custom nmms/ran�/ Warkuays • All vnpMrn@nl at lcn hours rfi rt be pfd wlthm hc#1 ] wrm'as RESOURCES Our rosou2P library. filled with e©oo4s, webmafs and 61095, is designed to provide thought leadership and best practices to help you and your tenni learn more about Procoro and the construction industry in general, MONTHLY RECAP OF PRODUCT RELEASES Cnch month. the Customer Success Team will amall our latest product r,ileases and updates. along with sprint recaps 50 you can see first hand how [he Viaduct keeps improving. BUSINESS REVIEWS Ow Customer Success Team will reach Out to Vour ntlministrat Ors and review your usage, adoption, and any bottlenecks we are seeing withln your grgan7Satlon. ON-SITE TRAINING AND ADDITIONAL SERVICES (Available by Request.) Customer Success experts can cusmmizo the services offered to meet your specific. needs. Specialists can conte to your Ofhcus for in-person tip...Ings or Offer additional n? -nota training and guidance for your staff, PROCORE SUBSCRIPTION TERMS These terms, including any attached exhibits (collectively, "Terms") are entered into as of the effective date listed on the Order Form ("Effective Date") between PROCORE TECHNOLOGIES, INC., a Delaware corporation, having its principal place of business at 6309 Carpinteria Avenue, Carpinteria, CA 93013 ("Procore" or "Party') and the customer identified on the Order Form ("Customer" or "Party'), collectively the "Parties." In consideration of the mutual covenants and conditions contained herein, the Parties agree as follows: 1. BACKGROUND. Procore has developed certain construction project management Software (defined below), to which it provides access as part of its Services (defined below). Customer wishes to enter into this Agreement for a subscription to the Services identified on an Order Form. Procore desires to make those Services available to Customer subject to the terms of this Agreement. 2. DEFINITIONS. The capitalized terms listed below have the following meanings: 2.1 "Agreement' means, collectively, the terms of the Order Form and these Terms. 2.2 "Authorized User" means any individual who is authorized by virtue of such individual's relationship to, or permissions from, Customer, to access and use the Services pursuant to Customer's rights under this Agreement. 2.3 "Construction Volume" means the aggregate dollar value of the construction work performed, planned, or put in place by Customer for all Customer Projects during a given time period, most often a one-year period. 2.4 "Customer Content' means any content created by or on behalf of Customer or an Authorized User in connection with the Services and Customer Projects. 2.5 "Customer Data" means the data provided by Customer to Prccore regarding Authorized Users, including personally identifiable information. 2.6 "Customer Project" means each distinct construction project constrained by a specific scope, budget, and schedule, as specified in a construction project agreement. The Project lifecycle phases for typical construction projects may include initiation, planning, design, demolition, construction, commissioning, and closeout. Procore considers projects in the construction phase to be subject to restriction in number by "project caps" within an Order Form that specify how many simultaneous projects may be managed under the terms of a Procore subscription. The construction phase is considered to commence with the bid and award process, and is considered to be complete upon the project owner's written acknowledgement of substantial completion, or the award of a certificate of occupancy from the local regulatory or governmental authority responsible for determining substantial completion. 2.7 "Documentation" means the online screen -share demonstration materials, marketing collateral, and other materials in written or electronic form provided to Customer by Procore in connection with Customer's subscription to the Services, 2.8 "Enhancements" means the following: minor modifications, revisions, and corresponding Documentation with respect to the Services, including the addition of enhancements or Improved performance made available by Procore to the Services; however, Enhancements do not include the addition of New Features not originally included as part of the Services described on a particular Order Form. 2.9 "Maintenance Modifications' means bug fixes, patches, modifications, or revisions to the Services that correct errors therein; however Maintenance Modifications do not include New Features not originally included as part of the Services described on a particular Order Form. Procore Technologies, Inc. MSA_2017_Vl www,procore.com — 'Jol. ?✓�� 2.10 "New Features" means those significant technological or service features and/or tools that Procore develops over time, which are offered to Customers as additional features for a fee and are distinct from included Enhancements and Maintenance Modifications. 2.11 "Order Form" means the order form document signed by both Parties that is attached to these Terms, on which the Customer is identified, and which specifies certain other agreed-upon terms including Customer's specific subscription information pertaining to the Services. 2.12 "Services" means Procore's distinct services purchased by Customer as specified on the Order Form. 2.13 "Site" means app.procore.com and all associated Procore mobile applications. 2.14 "Software" means Procore's software programs and any associated user interfaces and related technology that Procore uses to provide the Services, and that Procore makes available pursuant to this Agreement, including any Enhancements and Maintenance Modifications thereto. 2.15 "Subscription Fee" means the agreed-upon subscription fee for the Services as stated on the Order Form. 3. PROVISION OF SERVICE/RESPONSIBILITIES. 3.1 Subscription Rights and Access. Procore grants Customer the nonexclusive limited -time subscription and right to use the Services in accordance with this Agreement. Further, Procore agrees that Customer may access and use, and permit each Authorized User to access and use, the Services for its intended purpose, in accordance with the specifications set forth in any Documentation and subject to the terms of this Agreement and the limits on Construction Volume, Projects, and/or other use restrictions specified on each Order Form. Subject to Customer's payment of the fees set forth in the Order Form, Procore shall provide to Customer the necessary passwords, security protocols and policies, and network links or connections to allow Customer and its Authorized Users to access the Services. Procore shall provide the Customer and Authorized Users with (a) support for the Services as outlined in Exhibit A, and (b) access to Enhancements and Maintenance Modifications as they become available. Customer and its Authorized Users are solely responsible for ensuring that they have sufficient and compatible hardware, software, telecommunications equipment, and Internet service necessary for the use of the Site and Services. All other rights not expressly granted in this agreement are reserved by Procore. 3.2 Site Updates. Procore may change, modify, upgrade, or discontinue any aspect or feature of the Site in whole or in part. Such changes, upgrades, modifications, additions, or deletions will be effective immediately upon notice thereof, which may be made by posting such changes to the Site. In the event Procore modifies or discontinues any content or feature of the Site which results in reduction of functionality or degradation of the Site, Procore shall provide comparable functionality. Procore shall, from time to time, develop New Features, which will be offered to Customers for additional fees. 3.3 Limitations. Customer shall not, and shall not authorize or permit any Authorized User to (a) rent, loan, or re -license rights to access and/or use the Services or Software (except as specifically provided herein); (b) copy, modify, disassemble, decompile, or reverse engineer software included as part of the Services; (c) share identification or password codes with persons other than Authorized Users, or permit Customer's account to be accessed by individuals who are not Authorized Users; (d) access, use, or permit a third party to access or use the Services or Software for purposes of competitive analysis, including the development, provision, or use of a competing software or service or for any other purpose that may be to Procore's detriment or commercial disadvantage; or (e) use the Services in any way not expressly provided for in this Agreement. Customer shall be responsible for all activities that occur under Customer's account and for all actions of Customer or its Authorized Users and both Customer and Authorized Users shall use the Services in accordance with the Website Terms of Service. Customer shall notify Procore of any unauthorized use of Customer's passwords or account, or any other breach of security that is known or suspected by Customer. Procore Technologies, Inc. MSA_2017_V1 --- www.procore.com Vol. _ ��� Pg. �/ %r Customer and its Authorized Users shall abide by all applicable local, state, national, and foreign laws and regulations in connection with their use of the Services. Customer shall be responsible for any breach of this Agreement by its Authorized Users and agrees to enter into agreements with its Authorized Users that contain terms that impose no less restrictions in all material respects than those imposed on Customer herein, including, but not limited to, the provisions regarding the use of the Services and protection of Procore's intellectual property, and that include additional terms as reasonably requested by Procore. 3.4 Customer Content. Procore will process Customer Content as instructed by Customer in order to perform the Services. The Parties acknowledge and agree that the Customer is at all times the data controller and Procore is a data processor. Customer represents and warrants that it has all necessary rights in the Customer Content to grant Procore the right to use, and Customer hereby grants Procore a non-exclusive, worldwide, royalty -free and fully paid license to use, the Customer Content as necessary for Procore to provide the Services. All rights in and to the Customer Content not expressly granted to Procore in this Agreement are reserved by Customer. Customer represents and warrants that any Customer Content hosted by Procore as part of the Services will not (a) infringe or violate the rights of any third party; (b) be deceptive, defamatory, obscene, or unlawful; or (c) contain any viruses, worms, or other malicious computer programming codes intended to damage Procore's system or data. Customer acknowledges that any use of the Services by Customer or Authorized Users contrary to or in violation of the representations and warranties of Customer in this section constitutes unauthorized and improper use of the Services. Customer shall have the sole responsibility for the accuracy, quality, integrity, legality, reliability„ and appropriateness of all Customer Content. The Parties acknowledge that Procore does not and cannot review all Customer Content and will not be responsible for such content, but that Procore shall have the right to delete, move, or edit any Customer Content that Procore determines violates or might violate this Agreement, or any applicable law or regulation, oris otherwise unacceptable. 3.5 Customer Data. Procore will process Customer. Data as instructed by Customer in order to perform the Services. The Parties acknowledge and agree that the Customer is at all times the data controller and Procore is a data processor. Customer represents and warrants that Customer shall only provide to Procore the minimum amount of personally identifiable information for each Authorized User to enable the Authorized User to enjoy the benefit of this Agreement. Customer represents and warrants that Customer is entitled to transfer relevant Customer Data to Procore so that Procore may lawfully use, process, and transfer the Customer Data in accordance with this Agreement on Customer's behalf and Customer shall ensure the same; Customer shall ensure that the relevant third parties, including data subjects, have been informed of, and have given their consent to, such use, processing, and transfer as required by all applicable data protection legislation. Customer acknowledges that Procore is reliant on Customer for direction as to the extent to which Precore is entitled to use and process the Customer Data. Procore shall process the Customer Data only in accordance with the terms of this Agreement and any written instructions given by Customer. Customer acknowledges and agrees that the Customer Data may be transferred or stored in the United States of America in order to carry out the Services and Procore's other obligations under this Agreement. Customer acknowledges and agrees that the Customer Data may be shared with third parties only as necessary to provide the Services. Procore will not be liable for any claim brought by an Authorized User arising from any action or omission by Procore, to the extent that such action or omission resulted from Customer's instructions. 3.6 Customer Acknowledgement. As of the Effective Date, Customer acknowledges and agrees that an authorized representative of Customer has evaluated the features and functionality of the Services in a means satisfactory to Customer and accepts that the Services have been demonstrably shown to have all of the features and functionality that have been represented to Customer. Customer agrees that its purchases hereunder are neither contingent on the delivery of any future functionality or features, nor dependent on any oral or written public comments made by Procore regarding future functionality or features. 3.7 Non-Procore Applications. Procore or third parties may make available third -party products or services ("Non-Procore Applications"). Any use by Customer and any exchange of data between Customer and the provider of Non-Procore Applications is solely between Customer and the applicable provider. Procore does not warrant or support Non-Procore Applications or other non-Procore products or services. If Customer installs or enables a Non-Procore Application for use with the Services, Customer hereby grants Procore permission to allow the provider of that Non-Procore Application to access Customer's data and Procore Technologies, Inc. MSA_2017_Vl www.procore.com Vol. _� 5� _ Pg. /� content as required for the interoperation of that Non-Procore Application with the Services. Procore is not responsible for any disclosure, modification, or deletion of any of Customer's data or content resulting from access by a Non-Procore Application. The Services may contain features designed to interoperate with Non- Procore Applications. To use such features, Customer may be required to obtain access to Non-Procore Applications from their providers, and may be required to grant Procore access to Customer's accounts) on the Non-Procore Applications. If the provider of a Non-Procore Application ceases to make the Non-Procore Application available for interoperation with the corresponding Service features, Procore may cease providing those Service features without entitling Customer to any refund, credit, or other compensation. 3.8 Beta Services. From time to time, Procore may invite Customer to try certain beta services, including pilot, limited release, developer preview, non -production, or evaluation services ("Beta Services") at no charge. Customer may accept or decline any such trial. Beta Services will be clearly designated as such by Procore. Beta Services are for evaluation purposes and not for production use, are not considered "Services" under this Agreement, are not supported, and may be subject to additional terms. Unless otherwise stated, any Beta Services trial period will expire upon the earlier of one year from the trial start date or the date that a version of the Beta Services becomes generally available. Procore may discontinue Beta Services at any time and may never make them generally available. Procore will have no liability for, and Customer hereby releases Procore from, any liability or damage arising out of or in connection with any Beta Service. 4. PAYMENT. 4.1 Customer shall pay Procore all Subscription Fees specifed on the Order Form upon receipt of invoice unless otherwise stated on the Order Form. Overdue payments will be subject to a late fee of one and one-half percent (1.5%) for each month or fraction thereof that the payment is overdue, or the highest interest rate permitted by applicable law, whichever is lower. In addition to any other remedies available to Procore, Procore shall be entitled to discontinue provision of the Services until all overdue amounts due are paid in full. Except for a material breach by Procore, all payments to Prccore are non-refundable and non -cancelable. Specifically, Customer's loss of construction business or Customer's failure to use the Services will not be cause for any refund to Customer from Procore. Customer shall reimburse Proccre for Procore's collection costs incurred in attempting to collect any late payments, including reasonable attorneys' fees, 4.2 The Subscription Fees stated on the Order Form are exclusive of any federal, state, or other governmental taxes, duties, fees, excises, or tariffs ("Taxes") now or hereafter imposed on the Services. Customer shall be responsible for, and if necessary shall reimburse, Procore for all such Taxes on any amounts payable by Customer hereunder, except for taxes imposed on Procore's net income. If Procore has the legal obligation to pay or collect Taxes for which Customer is responsible under this Section, Procore will add such Taxes to the amount invoiced to Customer. 4.3 Procore may audit Customer's Construction Volume (as specified on the Order Form) to ensure compliance with agreed-upon terms and pricing. Procore will give Customer at least ten (10) days advance notice of any such audit and will conduct the audit during normal business hours in a manner that does not unreasonably interfere with Customer's normal operations. Such audit will be at Procore's expense; however, if any such audit should disclose any underpayment by Customer, Customer shall immediately pay Procore such underpaid amount, together with interest thereon at the rate specified in Section 4.1, and Customer shall also pay Procore for Procore's expenses associated with such audit. 5. TERM/TERMI NATION. 5.1 Term. This Agreement commences on the Effective Date and will remain in effect for the initial term specified on the Order Form ("Initial Term"), unless earlier terminated as provided herein. Upon the expirailon of the Initial Term, this Agreement will automatically be renewed for the same period (each such period a "Renewal Term") at a price to be agreed upon, billed thirty (30) days in advance of the renewal date unless otherwise elected by either Party by providing written notice to the other Party received at least thirty (30) days prior to the expiration of the Term then in effect. The Initial Term and any Renewal Terms are collectively referred to as the "Term". Procore Technologies, Inc. MSA_2017_Vl www.proc-ore.com Vol. 5 Pg. /�/ 5.2 Termination. Either Party may terminate this Agreement upon! (1) any material breach of this Agreement by the other Party that is not cured within thirty (30) days (or within ten (10) days in case of failure to pay) following written notice thereof; (2) the other Party becoming insolvent or bankrupt, liquidating or being dissolved, or ceasing substantially all of its business; or (3) a breach of section 12.3. Upon expiration or termination of this Agreement or Services authorized in an Order Form, Customer shall immediately discontinue all access and use of the Services. In the event Customer terminates this Agreement for a material and uncured breach by Procore, Procore shall, as Customer's sole and exclusive remedy, refund to Customer any prepaid but unused Subscription Fees calculated on a straight-line prorated basis for the remainder of the then -current Term. In addition to any other remedies available to Procore, Procore may suspend Customer's or any Authorized Users' access to the Services, at Procore's sole option, in the event of any violation of this Agreement. Upon termination of this Agreement, Procore shall follow the data return procedures outlined in Exhibit A. 6. PROPRIETARY RIGHTS. Procore will retain all worldwide rights in the intellectual property in and on the Site, the look and feel of the Site, and all copyrights in and to its content. The Site is copyrighted, trademarked, or otherwise protected, and owned or licensed by Procore. Nothing in this Agreement grants Customer or any Authorized User an express or implied right to use any Procore intellectual property except as set forth in section 3.1 above. All proprietary rights in the Services, including the Software as well as any aggregate usage statistics, traffic patterns, and other non -personally identifiable data collected by Procore in connection with use of the Services, will be the sole and exclusive property of Procore. Procore retains the royalty -free right to use any suggestions, ideas, feedback, or other recommendations provided by Customer or Authorized Users relating to the Services. Procore may use Customer's name and/or its logo on Proccre's website and in its marketing materials to indicate that Customer is a client of Procore. Customer hereby grants Procore the right to contact Customer and Authorized Users in connection with their use of the Services unless otherwise stated on the Order Form. WARRANTIES AND LIABILITY. 7.1 Limited Warranty. Each Party warrants that it has all necessary authority to enter into and perform its obligations under this Agreement. Procore represents and warrants that (1) the Services will perform in accordance with the Documentation under normal circumstances, and (2) the Services provided hereunder will be performed in a professional manner in accordance with prevailing industry Standards. Provided that Customer notifies Procore of any breach of the foregoing warranty during the Term, Procore shall, as Customer's sole and exclusive remedy, provide the support services set forth in Exhibit A to this Agreement. The Services may contain links to sites on the Internet that are owned and operated by third parties. Customer acknowledges and agrees that Procore is not responsible for the availability of, or the content located on or through, any such external site. 7.2 DISCLAIMER. EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, PROCORE DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED. PROCORE EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FORA PARTICULAR PURPOSE, TITLE AND NON - INFRINGEMENT. PROCORE DOES NOT WARRANT THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR -FREE. 7.3 LIABILITY. PROCORE WILL NOT BE LIABLE TO CUSTOMER FOR ANY SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY NATURE. IN ANY EVENT, ASIDE FROM ITS OBLIGATIONS IN SECTION 8, PROCORE'S TOTAL MAXIMUM LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED TO THIS AGREEMENT WILL NOT EXCEED THE AMOUNT PAID TO PROCORE BY CUSTOMER DURING THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING SUCH CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHICH MEANS THAT SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY. IN THESE JURISDICTIONS, PROCORE'S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. THE LIMITATIONS SET FORTH IN THIS SECTION 7 WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE PARTIES ACKNOWLEDGE AND UNDERSTAND THAT THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE AGREEMENT BETWEEN THE PARTIES, THAT THE SAME REFLECT AN ALLOCATION OF RISK BETWEEN THE PARTIES, AND Procore Technologies, Inc. MSA_2017_Vl www.procore.com 01. =�,5 _11 Pa. /_20Z THAT ABSENT THESE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY, THE TERMS AND CONDITIONS OF THIS AGREEMENT WOULD BE SUBSTANTIALLY DIFFERENT, 8. INDEMNITY. 8.1 During the Term, Procore shall defend, indemnify, and hold harmless Customer against any action claiming that the Services infringe any duly issued U.S. patent, copyright, or trademark or misappropriate any trade secret. In addition, if the use of the Services infringes or is enjoined, or Procore believes it is likely to infringe or be enjoined, Procore may, at its sole option: (a) procure for Customer the right to continue use of the Services as furnished; (b) modify the Services to make them non -infringing, provided that they still substantially conform to the applicable Documentation; or (c) if Procore, after using all commercially reasonable efforts, is unable to accomplish the foregoing remedies, terminate this Agreement and refund to Customer any prepaid but unused Subscription Fees calculated on a straight-line prorated basis for the remainder of the then -current Term. The intellectual property indemnity provided herein does not apply to the extent the alleged infringement arises from any use of the Services not in accordance with this Agreement or as specified in the Documentation or any unauthorized modification of the Services. This section states Procore's sole and exclusive liability and Customer's sole remedies for any threatened or actual infringement of proprietary rights. 8.2 During the Term, Customer shall defend, indemnify, and hold harmless Procore and its officers, directors, employees, agents, successors, and assigns from and against any claims, damages, liabilities, judgments, settlements, losses, costs, or expenses of any kind, including reasonable attorneys' fees, arising out of (a) Customer Data, including any processing of Customer Data by Procore in accordance with this Agreement; (b) Customer's misuse of the intellectual property rights of any third party; and (c) any Customer Content that may violate section 3.4 of this Agreement. 9. CONFIDENTIALITY. Each Party shall, during and after the existence of this Agreement, hold in strictest confidence and will not use for any purpose unrelated to its performance of this Agreement or disclose to any third party, any Confidential Information of the other Party. The term "Confidential Information" means all non-public information, whether business or technical in nature, that the other Party designates as being confidential, or which, under the circumstances of disclosure, ought to be treated as confidential. Confidential Information includes, but is not limited to, information concerning business methods, pricing, business plans,. new product launches, customer and vendor information, internal policies and procedures, other financial information, and the terms and conditions of this Agreement. Each Party shall not disclose Confidential Information without the prior written consent of the other Party, except (i) as may be required by law or (ii) to its employees, contractors, or agents who have a specific need to know such information and are under a written obligation of confidentiality at least as restrictive as that contained in this section. Information will not be deemed confidential if it (a) was known to the receiving Party and was acquired through proper methods, prior to its receipt from the disclosing Party, as evidenced by written records of the receiving Party; (b) is now or later becomes (through no act or failure on the part of the receiving Party) generally known through no breach of this Agreement by the receiving Party, (c) is supplied to the receiving Party by a third party that is free to make that disclosure without restriction; or (d) is independently developed by the receiving Party without use of or reference to any Confidential Information provided by the disclosing Party. The restrictions on disclosure imposed by this section do not apply to information that is required by law or order of a court, administrative agency, or other governmental body to be disclosed by the receiving Party, provided that in each such case the receiving Party provides the disclosing Party with prompt written notice of such order or requirement and reasonably assists the disclosing Party, at the disclosing Party's expense, in seeking a protective order or other appropriate relief. Upon termination of this Agreement, each Party shall promptly cease all further use of Confidential Information, return to the other Party all physical materials containing Confidential Information, whether the materials were originally provided by the disclosing Party or copied or otherwise prepared by the receiving Party, and erase or otherwise destroy any Confidential Information kept by either Party in electronic or other non-physical form. The Parties acknowledge that the receiving Party will not be required to return to the disclosing Party or destroy those copies of Confidential Information residing on the receiving Party's backup or disaster -recovery systems, or which must be maintained for regulatory or policy purposes. Such termination by either Party will not affect each Party's continuing obligations under this section. Procore Technologies, Inc. MSA_2017_Vl www.procore.com 10. LITIGATION SUPPORT. Procore shall not disclose Confidential Information, Customer Content, or Customer Data to third parties, but the restrictions on disclosure imposed by this section shall not apply to information that is required by law, subpoena, or order of a court, administrative agency, or other governmental body to be disclosed by the receiving Party, provided that in each such case the receiving Party provides the disclosing Party with prompt written notice of such order or requirement and reasonably assists the disclosing Party, at the disclosing Party's expense, in seeking a protective order or other appropriate relief. In the event of any litigation or preparation for litigation related to Customer's use of the Services or related projects, if Customer or any of Customer's agents or representatives requires Procore to provide expert testimony on behalf of Customer, or to gather data, research information, attend meetings, or perform other related services of any kind in support of Customer, Procore shall provide such services and Customer shall compensate Procore at a reasonable rate to be determined per hour per individual providing such services, plus all reasonable out-of-pocket expenses, including, but not limited to, travel, lodging, and meals where necessary. 11. PRIVACY. The Procore Privacy Policy is located at http://www.procore.com/fine-print/privacy-policy.php and may be amended from time to time. Any updates to the Privacy Policy will be posted to the Site and will be effective immediately upon posting to the Site. It is Customer's responsibility to review the Privacy Policy from time to time on the Site to ensure that Customer continues to agree with all of its terms. Customer's continued use of the Site following the posting of changes to the Privacy Policy will mean Customer accepts those changes. If there is any conflict between the Privacy Policy and this Agreement, this Agreement will govern. 12. GENERAL, 12.1 Waiver/Amendment. This Agreement may not be modified except by a written instrument signed by both Parties. Failure by either Party to enforce any provision of this Agreement will not be deemed a waiver of future enforcement of that or any other provision. 12.2 Assignment. Neither Party may assign, delegate, or otherwise transfer this Agreement, in whole or in part, voluntarily, involuntarily, by operation of law, or otherwise without the other Party's prior written consent; except that: (a) Procore may assign, delegate, or otherwise transfer this Agreement without such consent in connection with any merger, consolidation, reorganization, or any sale of all or substantially all of such Party's assets or any other transaction in which more than fifty percent (50%) of its voting securities are transferred ("Change in Control'); and (b) Customer may assign, delegate, or otherwise transfer this Agreement upon any Change in Control with Procore's prior written consent and subject to all of the terms of this Agreement. Any attempt to assign, delegate, or otherwise transfer this Agreement other than in accordance with this provision will be null and void. 12.3 Compliance with Laws. Both Parties shall comply with all applicable local, state, national, and foreign laws, rules, and regulations including all applicable export and import laws and regulations in connection with their performance, access, and/or use of the Services under this Agreement. Customer shall comply with all legal duties applicable to Customer including obligations as data controller by virtue of Customer's role in determining Authorized Users. Specifically, Customer shall provide relevant persons and/or participants with all information Customer is required by law to provide, and, if necessary, shall obtain the consent of these persons. The Services and derivatives thereof may be subject to export laws and regulations of the United States and other jurisdictions. Each Party represents that it is not named on any U.S. government denied -party list. Customer shall not permit Authorized Users to access or use the Services in a U.S.- embargoed country (currently Cuba, Iran, North Korea, Sudan, Syria, or Crimea) or in violation of any U.S. export law or regulation. 12.4 Governing Law/Attorneys' Fees. The rights of the Parties hereunder will be governed by the laws of the State of California, without regard to its principles of conflicts of law. Any suits brought hereunder must be brought in the federal or state courts serving Santa Barbara County. In the event of any claim, action, Procore Technologies, Inc. MSA_2017_Vl www.procore.com F_107_�s or judicial proceeding arising under this Agreement, the prevailing Party will be entitled to recover reasonable attorneys' fees and expenses incurred in resolving such claim, action, orjudicial proceeding. 12.6 Severability/Notice. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the remaining provisions of this Agreement will remain in full force. Any notice, consent, or other communication hereunder must be in writing, and must be given personally, sent via overnight delivery or via email with confirmation of receipt, to either Party at its respective address set forth in the Order Form (or such other address as provided by that Party). Notices will be deemed given when delivered. 12.6 Independent Contractors. The relationship of the Parties is that of independent contractors and nothing contained in this Agreement will be construed to make either Party an agent, partner, joint venturer, or representative of the other for any purpose. This Agreement is for the sole benefit of the Parties and their respective permitted successors and assigns, and nothing herein, express or implied, is intended to or will confer upon any other person or entity any legal or equitable right, benefit, or remedy under or by reason of this Agreement. 12.7 Force Majeure. Nonperformance of either Party will be excused to the extent that performance is rendered impossible by any reason where failure to perform is beyond the reasonable control of the non-performing Party. 12.8 Entire Agreement/Survival. This Agreement, together with any URLs contained herein, any exhibits, and the Order Form(s) constitutes the entire agreement between the Parties with respect to the subject matter hereof and replaces any prior understandings, written or oral. Further, under no circumstances will the provisions of any document issued by Customer (including, but not limited to, any request for quotes or proposals, purchase orders, non -disclosure agreements, or Customer exhibits to this Agreement and/or vendor forms or registrations with terms that conflict with this Agreement) be deemed to modify, alter, or expand the rights, duties, or obligations of the Parties under this Agreement, regardless of any failure of Procore to object to such terms, provisions, or conditions. If there is any conflict between the terms of this Agreement and the Order Form, the Order Form will prevail. In addition to any rights that accrued prior to termination, the provisions of sections 3, 4, and 6 through 12 shall survive any termination of this Agreement. Procore Technologies, Inc. MSA_2017_Vl E www.procore.com . EXHIBIT A SUPPORT AND MAINTENANCE 1. Service -Level Agreement. Procore has a service -level objective for the Services of 99.9% availability, 24 hours a day, 7 days a week, 365 days a year. Downtime does not include (i) problems caused by factors outside of Procore's reasonable control, and (ii) unavailability of the Services during scheduled maintenance. 2. Support. During the Term, Customer and Authorized Users will have access to technical support via telephone, online chat, email, or self -paced online tutorials. Support hours will be 5:00 a.m. to 10:00 p.m. Pacific Time ("PT") Monday through Friday, and 10:00 a.m. to 6:00 p.m. PT Saturday and Sunday, excluding holidays. Support does not include training sessions on the features and functionality of the Services (implementation) or training In computer skills considered prerequisite to an individual's ability to use personal computers, the nternet/World Wide Web, and online software. Upon Procore's receipt of a support request, Procore will use commercially reasonable efforts to answer questions and provide standard error corrections to known problems. In the event of any problems or errors involving the Services that Procore cannot immediately resolve, Procare will begin working on a resolution to the problem and will work diligently and in a commercially reasonable manner on the problem until it is resolved. 3. Data Backup and Return. During the Term, Procore shall make commercially reasonable efforts to protect the security of Customer's data, and shall complete daily data backups of Customer's data to an archive format that will be kept physically separate from the Procore database and web server hardware. The Services do not replace the need for Customer to maintain regular data backups or redundant data archives. Procore contracts with a third -party data center provider to provide essential technology services such as network connectivity to the Internet for the servers running the Services. Personnel access to the data center used by Procore for these Services is restricted, and all entrances and common areas are monitored 24x7 via closed-circuit cameras. Public access to the data center Is forbidden. Fire -suppression systems are located in the data center, and power systems in the data center are designed to run uninterrupted even in the event of a total power outage. All servers are supplied with Uninterruptible Power Supply ("UPS") power sources that will continue to run if utility power fails. The UPS power subsystem is fully redundant, with instantaneous fail over in case the primary UPS fails. In the event of an extended power outage, onsite diesel generators can run indefinitely. Generators are regularly tested to ensure functionality in the event of an emergency. All Customer Content is the property of the Customer. Upon restriction, suspension or termination of a Customer account, and assuming there has been no material breach of this Agreement by Customer, Procore will allow Customer, at no additional cost, to export all of Customer Content as well any additional data that may be readily exported from the Services to a standard electronic file format. At Procore's sole discretion, a Customer's area within the Services may be kept active as long as the Customer is provided with "read-only" access. Customer shall accept this access as a full substitute for a complete file export of Customer's project data. 4. Maintenance. 4.1 Unplanned Outages. If a system failure should occur that creates an outage of the Services, Procore will utilize all reasonable means to end the outage as soon as possible. Outages due to the Internet, hosting providers, and/or Customer or Authorized User systems are outside Procore's control and, in such Procore Technologies, Inc. MSA-2017—VI www.procore.com --- ---" _//-_ Vol. _� ✓� Pg. /Zj event, Procore will assist the Customer or Authorized User in the diagnosis but may not be able to resolve the problem. 4.2 Preventative Maintenance. From time to time, Procore or its hosting providers will perform preventative maintenance, such as updating servers and routers with security patches, and software upgrades. Procore will provide notice prior to any interruption in the Services and will keep any resulting downtime reasonable. Procore will use all reasonable efforts to perform such maintenance at hours convenient for the Customer and Authodzed Users. Procore Technologies, Inc. MSA-2017—VI www. procore.com Vol. . Pg._/'V ACOR 1 0 `" CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDIVYYYYI zrzBrzon THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may reci lre an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements . PRODUCER Woodruff -Sawyer Er CO. 2 Park Plaza, Suite 500 - Irvine CA 92614 C40NEACT AmberWsher PHONE FAX Is,, Nni F.I; 949.435.7382 (A/c "al. 949.476.3118 IL nngE awisher@wsandco.com INSURERS) AFFORDING COVERAGE NAIL p 27/2017 INSURER A:Travelers Property Casualty Company 25674 EACH OCCURRENCE 51,000,000 INSURED PRO CORE -01 INSURER B: INSURER C; Procore Technologies, Inc. 6309 Carpinteria Ave. Carpinteria CA 93013 INSURER D: GENERALAGGREGATE $2,000,000 PRODUCTS - COMPIOP AGG $2,000,000 INSURER E: NSURERF: FMOITML� LIABILITY NYAUTOBODILY LL EDSCHEDULED NON-0WNED AUTOS AUTOS IRE'A' AUTOS COVERAGES CERTIFICATE NUMBER: 1746487551 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF AUDL IN ❑ POLICY NUMBER POLICY SEE MMIDDA POLICY EXP MMIODP/YYY DMITS A X COMMERCIALGENERALLIABWTY CLAIMS -MADE 57OCCURPREMISE Y Y ZLPlST74203 27/2017 7/14/2017 EACH OCCURRENCE 51,000,000 apnromnce $300,000 MEDFXP(AnYOneperson) $10,000 PERSONAL B AOV INJURY 51,OD0, 000 GEN'L AGGREGATE LIMIT APPLIES PER: X PaLIGY❑jECT 7LOC OTHER: GENERALAGGREGATE $2,000,000 PRODUCTS - COMPIOP AGG $2,000,000 $ A FMOITML� LIABILITY NYAUTOBODILY LL EDSCHEDULED NON-0WNED AUTOS AUTOS IRE'A' AUTOS Y Y 11AIJ423433 2/7/2017 7/14/2017 Ea acGpart $1,000,000 INJURY(Perpemen) $ BODILY INJURY(Per accident) S qMq $ P—cosdent E A X UMBRELLA UAB E%CESS UAB X I OCCUR CLAIMS-MAOE ZUP15774215 217/2017 7114/2017 EACH OCCURRENCE $5,000,000 AGGREGATE $6,000,000 DEC I X I RETENTION SO $ A WORKERS COMPENSATION AND EMPLOYERS' UABIUTY ANY PROPRIETCNPARTNERIEXECUTIVE YI❑N OFFICERIMEMBER EXCLUDEb! (Mandatary In NH) H yee R'PTdl9 ender DESCRIPTION GF OPERATIONS below NIA Y HJUIOG914111116 7/14/2016 7/14/2017 X PER OTH� STATUT ER E. L. EACH ACCIDENT $1,000,000 E.L. DISEASE -EA EMPLOYE $7,000,000 E.L. DISEASE -POLICY LIMIT 57000,000 A Professional Liability Claims Made Farm Retro -Date 8/24/2014 ZPLI5774276 20/2017 7/14/2017 Limit $3,000,000/ Al $3,000,000 Deductible $10,000 DESCRIPTION OF OPERATIONS ILCCATIONS I VEHICLES IACORD 101, Additional Remarks Schedule, maybe attached if mora space is mqulmdi Issued for Evidence of Insurance Purposes SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Procare I echnologgles, Inc. THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 6309 Carpinteria AMe. ACCORDANCE WITH THE POLICY PROVISIONS. Carpinteria CA 93013 AUTHORIZED REPRESENTATIVE CkAU;YA N)'U-b w' I V IUUU-ZU14 AUUKU UURPUIRA I JUN. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD V-' _ J� P: ��� bocuSign, Envelope 10: 07156YpC•DCbE-486F-8363EC9GFE4136CE CERTIFICATE OF INTERESTED PARTIES FORM 1295 _. .. doll Complete Nos, 1- 4 and a if there are interested parties. 'Complete Nos.. 1.2.3, 5, and 6'd there are no interestenparties. . OFFICE USE ONLY CERTIFICATION OF FILING ... Certificate Number: 2017.224)41 1.� Name of business entity filing form, and the city, state and country of the business entity's place of business: Brazos. County Bryao,-TX United States Date Filed: 0611512017 2 Name ofgovernmental.entity or state agency that is a parry to the contract for which the form Is being filed.: "' PfOcore, Inc. Date Ack,164edgee: 3 Provide the dentihcatfnn number used by the governmental entity Of State agency to Lack or identity fhe contract, and provide'a _ ' tles , if of the services; goods;Or other properly to be provided under the contract. 17.303 Procote. Subscription Construction ManagementSoftware 4 Name of Interested Party ..City, State, Country (place of: business) Nature of Interest (check appllCable), Controlling intermediary 6 Checkonty it, there is ND Interested Party. ❑ x s AFFIDAVIT I swear, or affirm, under penalty Of Perjury, that the above:dsclosure is true and correct. MARISARAMIREZ ouo svoedny MyNolary18#129262557 .EVLVAU �WIA�S `f Or,ie •• EYPIres.November 13, 2020.' SsJesSJMFL9GrF ... . Signature or authorized agent of contracting business Entity :AFFIX NOTARYSTAMP /SFAL.ASOVE'. Swum to and subscnbedbefore me, by the saidavv�n:;S,.this Ne 1 fa tlay of - 26 1� ;tooerGfy vAticti, witness my hand rind seal ofomiice. .... Signature of offcer - mi teen -ath' Printed nama o(o(ficer,administednp oath Title of officer administering oarh- Cnim�. nrn..:d.:d.,..: = r �•,�Co yr ,��4=�., �,�> wonnnmup www emics.5tate•ix.us Version Vl:O.a83 C Vol. _ �� dg— Docusl ,gn Envelope ID: E53B2UC2-9746-4A8M6BC-F71A89F9A49E CERTIFICATION OF'NON-DEBARMENT is. federally mandated to adhere to the directions pwided in, the President's (M 13224, Executive Order on Terrorist Financing — Blocking Property:and risactions With Persons Who Commit, Threaten 'to Commit or Support iive 9/7-4/2001 and any subsequent changes made to it via cross-referencing dors With the Federal General Services Administration's Excluded ParticsList htu3sq1 , www.sam.vovl..which is inclus'we of the United States Treasury's Office of Forci . gn Assets - ControlI OFAC) Specially Designated National. (SDN) . list. Respondent certifies that the responding en I tit.d its d i principals are eligible to participate in this transaction ' yan , and have not been subjected to suspension, debarment, or similar ineligibility determined by any focraj, side or local governmental entity and that Respondent is in compliance %&,ri,th the State of Texas statutes and rules relating to,procur4ment and that Respdade. nt is not listed on the federal governin I crit's.terrorism watch list as. described in Executive Order 13224. Entities ih6gible for federal piocurenwht are listed at https://wxw.siLm,gov. V�"Sl7d br. EVP, . SalleS � Signed 13y: — Evs ka�5 Title: Typed Name: Company Name; Malling.Addircss: Tax 11) Number: Dennis Cyandres Phone No. (29�s77-0-(47 City 11 ' State Zip — 7S — ) Co 3 & I Co I -- V')L pg. Z�-- LexisNexis° is-�Vsr Lexis Advance® Upgrade Amendment for State/Local Government M "Subscriber" Name: BRAZOS COUNTY DISTRICT ATTORNEY Lexis.com Account Number: 13041-11 "LN": LexisNexis, a division of RELX Inc. This Lexis Advance Upgrade Amendment (the "Amendment") is between LN and Subscriber and is intended to revise the LN business agreement (which may be referred to as a Subscription Agreement, Lexis Advance Subscription Agreement for Law Firms, Fixed Price Committed Period, etc. and which establishes a committed term for use of the Online Services in exchange for a fixed and/or discounted monthly commitment) (the "Agreement"), previously executed between the parties, as the same may have been previously amended. 1. Purpose of Amendment This Amendment will serve as Subscribers acknowledgment that its subscription will be upgraded from lexis.com to Lexis Advance within a commercially reasonable period after Subscribers execution of this Amendment. As a result of this Amendment, Subscribers access to lexis.com will be terminated as of 10/31/2017 (prior to this time, Subscriber will have access to the content in lexis.com described in the Agreement) and the Agreement will also be revised as stated below. 2. Lexis Advance Content, Tenn, and Charges. This Section 2 revises and restates the materials and features included in Subcdbers fixed rate plan, the charges applicable to Subscriber, and the Committed Term of the Agreement. Subscribers access to materials outside of the fixed rate plan will be governed by the Agreement. 2.1 During the Term (as defined below), Subscriber will have access to the Lexis Advance Content & Features listed below. In addition, Subscriber will also be provided with access to the premium features Shepard's Graphical and Research Map at no additional charge during the Term. -�: _� , a ,, s�,, Lexis AdJance'Content,8 Features µ -- Products SKU Number Number of User Core Public Records with Smartlinx Person, Business and Location Reports 1004801 4 ❑ See attached Rider No. 1 for additional Content & Features No: SLGovt-LoldsAdvancaUpgmdeAmd-Jan2017 02017 LexisNexis. All rights reserved. ID# 4029-7722-4257 Pae 1 of 4 VOL _ S� Pg. /j/ 2.2 During the Term, LN will make content and features available to Subscriber that are not included in the Lexis Advance Content described above and which will be offered to Subscriber at an additional charge ("Alternate Materials"), Subscriber will be under no obligation to access and use the Alternate Materials, or to incur additional fees beyond the Monthly Installment. Is Subscriber elects to access the Alternate Materials by initialing below, Subscriber will be notified that additional charges will apply before the Alternate Materials is displayed. If Subscriber proceeds to access the Alternate Materials, Subscriber will pay the then current transactional charge(s) for the Alternate Materials that is displayed at the time of access. Subscriber elects access to Alternate Materials (Initial) 2.3 The Term of the Agreement will be for Committed Terms listed in the table below Section 2.3 (the "Term"). Upon the expiration of the Committed Term, the Agreement and Amendments will automatically terminate at the end of the Committed Term in absence of a renewing amendment. 2.4 During the Term, Subscriber will pay to LN each month the "Monthly Installment" amount listed below for access to and use of the Lexis Advance Content & Features listed in Section 2.1. Ydt+. ;Uj _C-_Committed...enod�Montfi� tnstallrneiit 11/1/2017 - 9/30/2018 329.00 10/1/2018 - 9/30/19 338.00 2.5 Subscriber acknowledges the pricing and content provided in this Amendment depend in part on the number of users listed for each product selected. Subscriber certifies that as of the date Subscriber signs this Amendment the number of attorneys receiving LN IDs (including attorney, judge or professional user or other support personnel) in Subscribers office as Subscriber has specified below is true and accurate. Subscriber will be entitled to receive up to three (3) LN IDs for each number of users listed above for each product selected. Each LN ID must be issued for individual use by the attorney, judge or professional user or other support personnel. Subscriber will immediately notify LN in writing on each event of an increase in the Reference Number. At the reasonable request of LN. Subscriber will certify in writing the then -current Reference Number. If there is a change in the Reference Number, LN may, in its sole discretion, on at least 30 days prior written notice to Subscriber, increase or decrease the Monthly Installment by an amount that does not exceed, on a percentage basis, the change in the Reference Number. Number of Government Professional Users: 4 3. Miscellaneous Except as expressly revised in this Amendment, all other terms and conditions of the Agreement will remain in full force and effect. If there are any conflicts or inconsistencies between this Amendment and the Agreement, this Amendment will control. 4. Closed Offer The prices and other terms are subject to change to if Subscriber has not submitted a signed original or copy on or before 10/20/17. This Amendment does not bind either party until it has been accepted by both parties. Subscriber may accept this Amendment by signing below. LN will accept this Amendment by providing Subscriber with access to Lexis Advance. ND: SLGov-LexisAdvancrUpgradeAmd-Jan2017 ® 2017 LebsNers. AJI rights reserved. IOM 4829-7722A257 Page 2 or 4 Jot. 5�� Pg°— AGREED TO AND ACCEPTED BY: Subscriber: BRAZOS COUNTY DISTRICT ATTORNEY [MUST BE COMPLETED BY SUBSCRIBER] Authorized Subscriber Signature: �K, a� Printed Name: LAAam. pe Job Title: Date: ce -20(' reserved. Vol. _ ,� LL Pg,_ /�� UST.OMEWINFORMATION4(Please',typeor,pnnt).,'„ a, Organization Name: Full Legal Name) BRAZOS COUNTY DISTRICT ATTORNEY Billing Frequency: ® Monthly ❑ Annually Physical Address Invoice Address Street Address: 300 E 26TH ST STE 310 City: BRYAN State: TX Tip: 77803 Sales Tax Exemption Certificate) County: Brazos Telephone: 979-361-4336 Fax: Parent Company: if applicable) Type of Organization: ❑ Legislative ❑ Judicial ❑ Executive Professional User: Practicing Area of Law: Support Staff. Employer Identification Number. Bar No: Issuing State: Date Issued/Expiration Date: Organization Web Address: Tax Exempt ® Yes (attach Sales Tax Exemption Certificate) MSA: ❑ Yes ®No ❑ No Tax ID No: State Contract No: (If applicable) PO No: (If applicable) Contacts: Name Telephone Email Installation: Gracie Aguilar 979-361-4336 gaguilar@brazoscountytx.gov Billing: Gracie Aguilar 979-361- gaguilar@brazoscountytx.gov Policy/Legal Notification: Gracie Aguilar 979-361-4336 gaguilar@brazoscountytx.gov Schedulingrrraining: Gracie Aguilar 979-361-4336 gaguilar@brazoscountytx.gov Name Telephone Super Admin: Gracie Aguilar 979-361-4336 Email IP Address gaguilar@brazoscounlytxgov 209.189.229.2 V01. �! y . pg. I CUSTOMER ID,fNFORMATION (Please fgpe or.pririt) 4 jC ID HOLDERS' NAMES (additional sheet attached (]) ID HOLDERS' TITLES/POSITIONS ID HOLDERS' EMAIL ADDRESSES LOCATION/ADDRESS Super Admin : Gracie Aguilar— gaguilar@brazoscountytx.gov Mike Johse — mj o hse@brazoscou ntytx. g ov Angela R Thomas — arthomas@brazo scountytx. g ov Tiffany Graves — tgraves@brazoscounW.gov Dennis Thane — dth ane@ brazosco u ntytx. g cv IN SLGovt-LerisAdvance-UpgradeAmd-Jan2017 ©2017 LexisNevis. All nghts raserved. IN 4829-77221257 Pa e 5 of 4 IVal. Odysseyware, ORDER FORM uxratca ortvie1""'"' Date: 5/16/2017 300 N. Mcnfmv Avenue, Chandler, A285226 Customer Number: 30001506 'jr. it PY2TtITMKeus;,:r..wnwv Reggie Salyer rsalyei-Podysseywa p.com 512-492-5186 866-465-1954 • . _ .: ,. •. '@!.d.:g`.? - '3S3ihYfr'.-3,tkY'€b `n""... . .yi'`.43--'w":.. .. School: Brazos Count/ Juvenile Services Contact: Todd McKey Address: 1904 W Hwy 21 Phone: 979-361-181.3 Address: Bryan, TX 77803-5359 Email: tmckey@brazoscourit/tx.gov Training Contact: Todd McKey tmckeyLabrazoscountvtx.&ov Phone: 979-361-1813 it �t.�Em�ail f +�M1 a.,•: " , ; - YL.. L�.'-t-'.[r�b tS, L,j r . 1, '�A: Odysseyware renewal to include 20 concurrent users licenses with access to full K-12 content. Includes all K-12 curriculum, SPARK, RTI tools, Blended Learning Library, CTE courses, Electives, and full customization for full term of contract. Also includes a 09/01/17 09/01/18 $ 20,500.00 2hour Administrative Webinar and a 1-6hr onsite Professional Development and 1 Services clay to be used at any time during the yearly contract. 5 - Subtotal 5 20,500.00 Please and to your pu«hase order or payment any applicable soles tax. It you are exempt from sales tax fpr your state, please provide us with a tax Sales Tax 0.00% exempt form to avoid being Invoiced for sales tax. ,TOtalsw$ 2`v$3i'21 0:00 xrT eir� _ «•^ta ���„�� ��z:dS£*Ir - :. ,.ire - :.. .. v...- � e r , 13.tk .S+F.` #4dPa"�ia�itikY' #�O{� v, a.&">a.� Please sign and return, or provide P0, to Nicole McEnaney at nmcenaney@odysseywai e.com - Checks made payable to Glynlvon, Inc. Once received your Implementation Specialist will reach out to schedule your Professional Development. a c "t= ..� vaboonon ida'c'�,"T �t This license Agreement I' Agreement "I is entered into between the Custonmr named above and 6lynlyon, Inc. for the provision Pf the Service deecrood above and is effective as of the date first rs"I. The terms are hereby grert is Subject to and gohttp�://ww�,odysseyware.com/terriis by the Standard Terms and Conditions available at https://wwn,odysseyware.com/ters and-cantlltiom ("Rm stated above. This AeZl Incorporated antl mad ,trg:eeme rre erence. Signa urebelowtheCustomer acceptsall terms and mnditlonsof:his Agreementand all contentsofthe Terms and in;erdsto be horrid thereby. Signature: Date: Title: Uki OdysseytjrG SMARTER ONLINE- LEARNING. LICENSE AGREEMENT ATTACHMENT "Ar' Odysseyware Online License and Content Specifications Customer Information School Name: Brazos County Juvenile Services Contact Name: Barbara Roberts Title: Business Manager Address: 1904 West Highway 21 Bryan, Texas 77803 Phone: 979-823.3544 AIL Phone: Fax: Email: broberts@brazoscountylx.gov Content Specifications Software Version: 2-0 Odysseyware Curriculum X Concurrent User License(s) _ E -Cash _ Per Course Per Student _ Select ES Concurrent Ucense(s) _ Select ME Concurrent Llconse(s) _ Select HE Concurrent License(s) _ Site License(s) _ Student Llcense(s) _ Pilot Licenses) Summer School License(s) Assessment Tool Curriculum _ Common Core Assessment Remediadon Tool Assessment Remediation Tool License Fee Calculation 20 Number of Licenses It 875 Price per License $ 17,500 TOW for Licenses $ E -Cash $ 3,000 Training Packages $ Training Modules $ Othellmisc. $ 20,50o TOTALFEES Professional Development & Training Options Expedite Fee (Onsite Only) Training Packages _ INITIAL IMPLEMENTATION-WEBINAR _ INITIAL IMPLEMENTATION43LENDED _ ODYSSEYWARE FLEX PACKAGE X CUSTOMIZED ONSITE _ CUSTOM PACKAGE X ADDITIONAL WESINAR HOURS _ AODITIONALONSfTE DAYS PROFESSIONAL DEVELOPMENT Training Modules: Webinar On -Site Term: One Year Licenses Effective: 911117 Through: 8131118 I Complete this form and submit to Purchasing for Sale Source purchases over $1000.00 REQDISiTION M 60723 IITEM(S) Odysseyware Software COSTS 20,500.00 , 1. Check the category most applicable to you requirement: QSoleSource. (No other known source or the only source meeting specifications.) QSingleSource. (Only the designated Supp� I fer is acceptable due to territories, others may exist) QOther. Please Explain II. Check the description(s) most applicable to your requirement: Willem has characteristics unique to a Single manufacturer essential to proposed use. I ❑Proprietary repair or replacement item. Designed into fabricated equipment Required for test and evaluation. I FlEmergency acquisition as defined in LLC 262 I—Inrno.. i Ili. Defining Item I Supplier uniqueness: A What are the minimum use requirements(e.gjoperanng specs; dimensions; tolerances; accuracy*;puriry; reliability; useful life, etc)? See attached specs S. How are these requirements critical to your needs? Offers core subjects, electives, GED curriculum as required Un accelerated component C. What othersuppilerswere considered and whywere they rejected? ferandnames and suppliers should bespedriea) A+, Edunoity, Novanet, The Bridge School, Pearson. D. Why is this make, model, service, or supplier Ease of use, technical support, cos Prepared Personnel) Approved only one acceptable? Official) I as no additional equipment needed n,refivinr U•e On1v I ❑Approved By: Date: []Denied By: I Date: Reason: 1 - Date: 6/14/2017 Date: 6/14/2017 Vol._ _ Pg`-- i Sola Source, -M-$. ODYSSEYWARE is a computer based curriculum. The curriculum allows us to utilize technology effectively for academic )achievement by combining core subject content with extensive multimedia interaction. Odysseyware is able to provide curriculum for grades 3 — 12 and GED Preparation. The curriculum is also easily used for special education students and English Language Learners by being) able to customize courses or using the text to speech component in different languages. Our standards require that we i and GED. Odysseyware provided tl accelerated component to it as well allows us to incorporate credit recova materials are correlated to state stand; concepts, provide practical applicatic multiple units in each ODYSSEYWI assess student performance tied to unit for teachers, but it also allows quick id er courses in the four core subjects as well as electives e components. The curriculum also had to have an ich Odyssey -are offers. The accelerated component during the school year and summer. All curriculum s and are based on proven strategies to easily explain , and evaluate student performance. Throughout the E course, quizzes; projects, and a comprehensive test neepts and skills. Not only does this save valuable time ification of potential areas of concern. Since beginning to use Odyss6yware there have been other computer curriculums that have become available. however, Odysseyware seemed to best fit our needs based on the at -risk population we served. Some of the curriculums offer courses by number of students using the course (ex. one price for 1-50 students for each course), some prices are per course/per student each student.. As the price drops so does the rigor, content, courses offered, ease of use, level of support —. It also seemed logical to' find a curriculum that worked and continue with it for consistency. One of the main features to Odysseyware is that they provide curriculum at the third grade. Most curriculums begin at the junior high level I Sole Source =-A. I i Workstation -Each user workstation should have the following software Installed. I Odyssey ware - Browser Microsoft Internet Explorer• Version SB and 11 For users of Internet Caching Mozllla Firefox° j Version 18 or higher Explorer` on Windows 89, the Safarl• Version 7 and 8 program must be operated in chrome, Version 40 or higher the Desktop version of I Internet Explorer• PDF Reader Adobe Acrobat Reader* 9+I, Version 9 or higher Grade reports and other I reports are generated as a PDF file Browser Settings -Browsers should be oonftgured with these recommended settings. Passwords Disable features that autorAatially save passwords AutoCamptete Disable Autocomplete, as It often looks like a list of answers to choose from Caching Enable aching, but set browsers to clear the ache when dosed Javasalpt lavascriptmust beenabled'forpages torendercarrettly Network considerations i Filtering •.glyniyon.com, •.owschools.com, •.odysseyware.com, and '.speechstream.net must be added to the whitellst of any filtering, proxy or firewall prog i ms/servers in use For W ebinar (online) Training Purposes Meeting TestI Please click on the above link on the cbmputer(s) that you will be connecting to the webinar training. This will test to make sure everything will work!.propedy, for training. '•NDTE" lava does need to be Installed for Webex, i Updated 311612015 I t Vol. _ �s Pg, I PODYSSEYWARE- LICENSE AGREEMENT LICENSOR: OdysscyWare, a division of Olynlyon, Inc. ("Llcensor") 300 North MclCemy Avenue Chandler, AZ 85226 LICENSEE: Name: Brame Cour JuvenUe Sellas ("Licensee") Street Address: 1904 W. Hwy 21 City/Statemp: Bryan, TX 77803 phone: 979.823-3544 Email: Olivia®cn.bragoa.tx.us This non-exclusive license agreement ("Agreement") is hereby entered into this „29 day of September , 2011 by and between licensor and Licensee for the use of the OdysseyWare 2011 Release including all data and materials related thereto sed associated therewith ("Application") as further described herein. For good and valuable oonsideradon, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: I. 1'ERhl. The tem o[mla Agtemmt Jun fn oro (1)ycm, cemmaneingm e/1 /11 ('7oitW Tenn'). TheTmm maY he encoded [at con�dve initial yea adm Renewal Tom's pzymemocdvcly be defined forenam"), eJ YearY use o[tla Appliearion (eneba"Rmewni Tam"). (Tae Initid Tem end my Reornl Tema ahea'muocdvdy b<defused u the "ram"), 2. F&PS34useadetaildbAvachmmtAUmawmcrvesdurighemaltaany[mnanytimainUcmaor'esoladieamionUmaeeeshellrmitmu payment m Urewm fm my costa w fan in r fees by Umnta m Uraues spm aadpt ofmy Uaasw lnvola. Paymort ingE he due wneLc whe Ucrosen rw.dver mvolm acme,equal feu sted 2cd emta from nseatac Uaag to Line, the right m diaoontlava Providing Uuma sora, entire ApplWdm UUeenue fails m maks ea requested paymmta m Ilreosor according m Lcami a Lerma 3. GRANT OF RIGBr3. U=.oe brachy puncta to Licensee the emeacludvq am-ermaferable right m acute the Application solely with Uoeasoca smdmu, faculty and aaM mbjeer to ten taw de,,ibed herein. f lose mace Acer sub -license my of In rights bemmder to my manner whawava wimaru UnmmeJ prim written castet. Ucmme 111213 have the fight m ecma the APpacada via the loleroet With the aumba of Boman detailed m Attaebauat A Additlmal ureases evybegauted m Ucenm by Ileensm spm mutual thittm ag»•*�, of the parda. 4. USER LICEN.SILS: I Ucmeee ahau be authorised m Anne the Appliadan hereunder through Uses Ucmses as daahwdeseribed herein. For the pmpreta of thio Agreement, a "Usc Listen" lhatl mace a tnnrferable lioeasa b news the Applimdm vie the laWnet A U=Licaoe may be teed by arty ofU0031100-2 amdeeta but may cot be used by more then me of UwmY atudaua a the tame moment in time Uceem: L herebymmmirnd m amen the Application through do comber of faUy-pald Um Limams described in AuaramorsA, b. Uc secusaypurcbneeindividudmasafaafmda,t nes udlirjnQe UxrUra2e("Singta Cotare StudenC)fa ma pa mane amnuar kissed on Attach—' A. Licensee shwa tet purrbue stem than one (1) cause for my Single Course Student and ma11 pay for Single Carse Student canes to advance in full, 5. ONLOa LEGAL NOTLCL Thies Agreement aid as acau m and use of the Appuadon is subject to sad governed by the legal taw paned or, the Odyeseyweee website prindpaayanand by visiting httpl/avvw.odyaseyware.com ("l W Notice"). Umesa reserves the righter amoral, OPPlement, thaM a terminab the terms of the Leant Nod" ae any time and eras time to dere without any notice to License by padng uld changes a the OdysmyWmc webdm. Au tams of tha Least Nodce and my eb.ogn m the Legal Nation ere hereby incorporated mm this Apemmt by deform u though &Uy ser form herein. By executing this Apeemanh Ueenme ancata to and arses au coma of the legal Node, tvithm mr.pooe. 6. OWTNERSMP. The Appandm Wall Its associated mwerisfl ere the soldy-owned of legacy Erased property of Ucmmr. The Appliuman 4 used, ons m(drmUooremredo tlag tams only Agreanann Ucemwdoesasaril H ridso m,ww fing mmtrnam sem Agreement, By Using be Applicand my m,UeprogL iA,ot Honky ianmaelml of nanpartitrthat me Locrium,aocmane mthe taton of rich err remrmL and Appuea0 fight, and my ma umeImu pogmml IA omaA& U-1- materialoopyrio[mW pssdes that ear s, ad se and into me Application. Ueanaw to aq sed mulos to right,dela,ren 7aat Pnemding ism rentOmuApbation cot pactent% ounce ales, anti service maps and oma mo-1}eaual popery dgon) in all m me Appucatlov. The temumndm gild [aero Application mudmma • llcora fee for Its rue. 7. TRAINING. Licensor shall provide tnming to Licenser and Its employee, via the interna a u Uea1a'2 place of business u detailed Amrbmore A TYatdng abase include iuwWm on see -up ad udllratna of the Appuation fre,Tl ue'e purposes uw,11 as it. use efmc Application and responm m questions from Ucorue and Its employers. Umagm aW pay on, Ucecea the Training FAA as detailed m Anaehmtat Apdw m the eorntpmcemant of any training" rnmperuedoo for Licensor's treldag aavieea. Upon complain of me agreed upon taming u se, forth In outs Apeemorr. u Unease hdtavn mat the tniainH wan {e my waY defielorh m emus of eatan4 eropq w dma devoted come Wring, licensee sbJl aaify. Uomewmwdtiog.spodijingthedetauofanydeadewy. FaDuseofthe t.iwnsm mauhmit written notice of my deficiency -within sixty(60) -•I..A.. A.w.e.�.A"n..�.�Wr-111 r11— —.— —-.. GODYSSEYWARC g. LICENSER WAARANTIRS AND REPRESENTATION& Lilo n ttv wartmt, td represent, that L Lieeasm hu the kyl dgbt m merfeto this Agnanm and m put ofLbit Agammt emMaa wish a JAemtmy at my abet aVeatmmt, aoblipetloet bladiflg aappllublo to Urmtx. b, LICENSER SNAIL PROMMY AND COMPLETELY INSTAII,USIL TEST AND )NSFEC[ TIM APPLICATION TO ENSURE THAT THE APPLICATION CONFORMS WITH THE REQUItp.ENT OF THIS AORF UM"IN ALL MATERIAL RBSPECLS AND LICENSEE SHALI,PROMPTLY ADVISE LICENSOR IN WRITING IF THE APPLICATION DOES NOT MEETTHR REQUERM M5 OFTHIS AURE EN TOR THE BRPPLTATIONS OF THE LICENSEE WITHIN ONE HUNDRED AND TWENTY (120) DAYS PROM THE DATE THAT ACCESS TO THIN APPLICATION IS FIRST GRANTED TO LICENSEE, C. floeotee then only utilim the APPEc dw IS upwly ptovidcd for buele, CL titzoem eb+E flat do my wee a thing,fell to m my set OrthlnS.or ltmwtogly permit a Wow my alba poem or mtily to do my sera ming a fed m do my Ad ae thing. rhes toil bum a dlmlel.b iicmeor'e sigh, ie and to the Applieadm includleg, wifhom limitdm, the copyrigbu tbercie. e. tiocrsoe admourledges mAsom tetttetwMbe tlmn during which Llocaace will not be 41, to moot, the Appliudm mbar tooas to the Apptladm my be UtdW Of LWMPW, flora— Will nor dem my each Inrcmlumc leek of Laws, evm If meb fnramPdca a lack of aoara arxms dmieg Lkmup4 ubool hone Orclaam, to be a material btu h of this Agmearmmt. L Lieaatenthay aordw oft eAFpNcwmyom wAy. tq xvat,e mglnoaaolherwtse afldyra, moonsmucL d4Atamb4,a epeoduce my paetlon oldie AppBctdat M my way. g. Ilcewce shed fmulsh W computer &adaMvmk haedwers and oohed to with etlequue eyttmr cmBlusdm and avinuamro to opeete the Appiluti m. h. Llemseo.h.tt not melt, oopla of. am d4atbutt, nor Permb my uta of me Application, Or my Intellectual pmpwy ra4trd areata and liceased butby. Other mm u spafeeeRy umodad herds. 9. CUSTOMIZATTONTOOL lioeauc aclmowleiga the Ll— may pmvide Liemsc Mtb— m mapplleadm Wowlmg to, the wdoa, mad fludoa ed Sciatica of porlmr of me Application And W Mum eunieulum (Cusmmimdm Tod7. Lioanoe shall "um, ampermhr les uaC, teadtm, asmdmt, mum, then.damizadomTad to aeue my mmria4 Which lofdeg, mY POp+�aA'right, of my putt' a defame, dtadm. a dtldr mYDenY, a mY ccarea Iba Lkmser derma lo Iu suis dtterdlm u he harmfaL threatmmg, udawfd, dehmAtory, laMklging life, vdgu,abaome,ed Str iolaresiv,r pplimbcimidirdon. .he4mL aremahy, ethmcelly,aotbetwdee obl�ouble,aothaaisa vio4ra my 4w ,[the Udrd Swn a my other appEeeh4 Juridladm. 10. TECHNICAL SUPPORT AND OPERABILITY, n, tivasorshellprovide Liemtm with tedtn(relatRDaifa the Applitntim subjat toLcau,a'a paymem in Mill afeaYadW M4otu doe b Lceuoa LieteuaehW mot be obAgstd bprovih my Lxhnirtl suppoa to mY subsaiumt vedou of the I" The followleg lawn m flat mvaed by Loeuat roehatul support Order my cimumtmac: L Network issuct Including but as limited to harm« service providem. ants, smWce proN Curl. epyware, vimta. mslwue, Nultycommmdeado .ate. NL Hudwax lama Model but not limited to e Wtch4 hub; ma term. roam, fuewd4, mmpumas. em, iii. Iobwahumae Iqua Iaeludtflgbut nor limited to powta, docarkal.ceble, ivameceamecdca,mc. Iv. Issues not rel" to the Application luhtdiay but ma limited m dlffimbka with 6W petty software a my other Imes which ere W muted by orrelated m can AppSatloa, at dotemtlned by Lemaar In Lcemar'e sola discretion. Lemur shut oat be mpmAbk fm mysedm m hwdam by Lomax lo tm4ace m my tutmtmt, made ca techdd suPyort metas ideadfiedin P=Vgb l0(b) m my oche sublxt mmaouistdm the trope of meseehmkal mlWort F vvldrd by Lxesor pmsuW to LOU Agrxmemh DISCLAIMER. a Licensor doer not guramee the operability of We Appgadofl with W 4 dell Liamucr be wrovatable for my bmlw fedora. operating systm cmdidon compromieng the opetebility ofdm Appliadm orodwwite 1 b. THE APPLICATION IS PROVIDED -AS Lis', WITH ALL FAULTS HEREBY DISCLAIMS ALL WARRANTIES WITH RBSPECTTO TLE APPLICATION. MM EMUS, ISL®, OR STAWWRY. INCLUDING BUT NOT LIMITED To THE IMPLIQD WARRANTIES OF MERCHANTABILITY. OF PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON -INFRINGEMENT OPTTIRD PARTY RIONTS. LICENSOR DOES NOT WARRANT, GUARANTEE, OR MALE ANY REPRESENTATIONS THAT THE CONTEXT LS ACCURATE, RELLABLH OR CORAECrOR THAT IT WILL MEET LICENSEE'S NEEDS OR REQUIRIMENTS,THAT'DE APPLICATION WILL BE AVAILABLE AT ANY PARTF :ULARTLME OR LACATION,THAT ANY DEFECTS OR ERRORS WILL BB CORRECTED, ORTHAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMPULCOMPONffi.TS. Lioeaae auoma the mutt ridal to thoquality, rodu, Ad Perfermavoe of the AppBeadm u well u the menu del: admst of il tervke, 2pelr, or cureedm No Orel or wriam infoaaetion, dV(oe, suggestions. or moommend.doos given by Licmor. W reprumutivor, halt,,, dlttributon, sgeau, aeavpioyen shwa cteua a tvammyer Nn mY way lrrarase the soapeof this AFeemmt ed Lemteo may nor rely On my seel, idmmatim, edvko suggeadms, ataoommmdWmt. LICENSOR FEEBY DISCLAIMS FOR ALA, PURPOSES AND IN ALL CIRCUMSTANCES ANY AMPONSIBI ITy OR 1.7ABI,R'Y FOR ANY ACTIONS TAKEN WITH AND ANY MATERIALS CREASED THROUGH THE USE OF THE CUSTOMIZATION TOOL uocx e4normpmdNonor a Aaudty i"A or my Otte I2 TERMINATION. s. This Agreanmc set the geeese vmted hada dull tatmimto upon: (1) the eaplmdmafine Term: (2) that mumd wetter, a0a®mt of bah pada: or(T) a DdWtby a poly u dambed lo Pamr2pb lT hadn. b. Upon temileadon, ll m shAB bn,w.n:.,.ty Fey m Lloca= W ameame doe. Any pm Are ammmu easy he usund uraae &W,, late fm m Ikmmr'e mit 4Lvndm No tdtmde of my eam wtasberproated a otbes ise, abed be due Lernses following t ;m Aon. Rev. 01!2011 Vol. t�S V Pg ODYSSEYWARE' C. Upas tam)udm,An rights granted w L)aenme aw uwansdoAfy, immedlaey'• and ianvoreblyravat m Goevmmdflaneee, including di of [Jcema'Aawdmts ad,ysete,"tamedWdy dlsrmtlnne W On of an facers of the AppUcadom 4 Whhn tbixy (3(l) dsya of tetmimtlon Liemme aha lnevocabty t d wex4 ddetta a llamsse s sole cad sad a )com. a0 AppGearianaompooeotsamtmuaide,andmyudaUcopiudam d,,wlthinrt,.,.,a..'apmsession. in whatever form thea cils"S, (MludIng traosladaea ae,,..,a�x,v,a whdhapWd ammplete, and whethaaaM medlUedarmaged I'm athamltaaa Within thirty (30)dayg of dm tamleadm Of the license granted ueda this Agroemmt, Ucensm shall provide I teaser with a written maaanmt medc under oath and through personal knowledge spodfAng that aliApplianm campments and mmaldahave been dawyd and ddo d, Including the pe wo(O mpaosiblo to the domed- sn&wddedon, the da Ws) On which it suss mmplad. and written certification of add dunned- &Woe deledon. e. The term, ofthis Paragraph 12 Shell survive the taveloadm of the Agreement 13. DEFAULT.ADefault of this Agtoem-t will be dumd to Ware owortd if. L A party bmmhev thla Apam-t and dm tet can said has& wirhio thirty (30) day& atter delivery ofwtinee notice from the con, bmaehiagparty detailing add breach tnd a demmd to wet, I h. lie -me baecha my Payment obUgatim rode this Agreement, for which Licensor provides written mdm of mrh bench, ew(2) f doses In my twelve (12) month Period. wlabarar" such bteechm ewe mrd within thirty (A) days of sera radon, or ' C. Licenee violates Pangnph II(f)which" bedetmed torall porpaa tooncmablabrembpain. d. UPmaddaulethenm-dcfanitleg party msydea torencloue this ACoemmtby aro mefylne the dohddng party levelling. If f. Liearsoe latbedcWthigpaq, Llcerenrmny ekctw tuRWA lie-ren'l accme, to the Appliwdon without in, d6-lytamiovdn . this ApremmL 14. ASSIGNMENT. Ndtherparty may Wim till Agreemm4 may pattthawf, wlthoni wtittm perailadon from the uhapary, eaeptfa the uh,mdidmd tight of Licences w asslgu a othavAm omafa thfs Apammt w my atNUsw a any pram a entity acgduing all as a pad- Of Ocensa'r budneu lefaab. 15. CONTROLLING LAW. Tw Agm®mt shall be screened by the laws of the State of Arizona mdofthe United Stu. The parch haft camel and Agro— te the joriadialm of the led -ml sad area won In Msriwq County. Arizona Inc any litigation concerning any mader[dsted w thio c 16. CONTROVERSIM The Pafia agao that aydispute rrlatd m this Agrammt which cannot be mmlvd through mgotisdm baween the pattiu shall be sohNtd to—,11-don fano leu then eight (g) hours and padded ova by a mubully agreed npm mdialorIn Msuwpa Camry. Adraoa. B thepatda have ver selected A motu dly aped open mcdumewhhin fomydve (45) arta me parry Lu delivered a w1w- demad to medlatm te the other. thcp»tle& shall Invoke the mediad-pmoeAaaa of the American Arbitration Association fee Mediation of Commercial Disputa. Thereat of medirdon Abd( he borne equally by the pard.. Any rauldog decidm may include the award of rnsmable axomryw' few and ensu. IT, lRdITATION OF LLABMMY. LICENSOR. ITS SUBSIDIARIES, AFFILIATES. AND ASSIGNS, AND EACH OF THEM DIRECTORS, OFFICERS. AGENTS, CONTRACTORS, PARTNERS, AND EMPLOYEES. SHALL NOT BE LIABLE TO LICENSEE OR ANY THIRD PARTY FOR ANY INDIRECT. SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING BUT NOT LMGTED TO DAMAOFS FOR LOSS OF FUNDS OR PROPERTY, RUSINFSS UnERRUPLION, LOSS OF BUSINESS OPPORTUNITY, LOSS OF DATA, OR ANY OTHER HARDSHIP, DAMAGES, OR LOSSES ARISING OUT OF OR RELATED TO: THE USE OR INABR.ITY TO USE THE APPLICATION. HOWEVER CAUSED; UNAUTHORIZED OR ACCIDENTAL ACCESS TO OR ALTERATION OF DATA; STATEMENTS OR CONDUCT! OF ANY THIRD PARTY; OR ANY MATTER RELATING TO THE USE OF THE APPLICATION; AND EVEN W L.TCENSOR HAS BEEN ADVISED OF THE POSSIBILMY OF SUCH DAMAGES. LICENSOR'S ENTIRE UAElMXrY UNDER THIS AGREEMENT SHALL BE LOOM TO THE AMOUNT ACTUALLY RPCENTID BY LICENSOR FROM LICENSEE. 13. IfvEnD,nrY. a. Each party does hereby and shall U all *" tedemai%ad bold I amlen the other. Into offices, direct=. dtaehokkas, agar, (Including r onmuero=, a m "' faci m, of ad bate anY ati s d chap&, eldnu, m and nd causes ofadgmm=, dmat, not po expmea ofazy 1Og roa.Oswbk atancye'tea vied murtaru),protide• dwsda, lfabintloa, mdnuaA otactlaa, tvbdrr gnat poaodlna, of myliodae,agewbatamavbyrwm baudupce, this made nWndoro b resume a ycl dbrpcb fa rprocefay oftheedaIDads,tgeawetngts. to oraealatlonA .any such rudehamdaat osumofmyddmn edmhOrpmondtp aasmda LudtoterL relating w or arising tet ofmy such hrurh atsUmw acondva a act(v[ry se+ubdog t • brach Or date, of has* All cf#u and ranedlet sbaII be a®telaivie and shall tet Interfere with a prevent the exercise ofwy oil= fight or remedy which may be aviawle. b. Upm nodw by the leder,-Wed parry m the lodern i%iogparty of any such eWm, the lotl®d%ing party spm to adjust. =** def-dtheasme a Its agilemat.tfthe Indemnifyingpamy than fall wporsrr1ydow1heIo nJfldparry&ball have the rlglu and is hardymthodzodadcmpowadmsppeaby(uanmrysInmywriteW=A trod,aacdm wadjut, aCtfe, mtvpr®Isq htlgate, coota4 ssda%judpaad,ted/a UkamyodWwdmuceuuymdcdnblefadzdispafdmdwchcUi .demw4a mdco.Inc my sock ease, the Imle®Ifylng parry dun folly reimburse the Inda hitt parry fee tH such ptymeob and expenses. IWMAS: reasonable attorneys fes, within tid=y 00) days. Litho IoGadlyring panty aba0 fell w so rdmbane the bid�dBed perry thea. without waiving its eights m otha¢1a en&= each tdmhorae=at. We iademaiild patty shall have the riot to deduct the ane amonat of such PAYments ad OPMAa a any pat thamfFina any wens woruing-da the Afp e to a far the mceam of the idema([)w pony. 19. SEVERABR.IT'Y. K any provlsl-of tbu Ag temmt 4loved to be vold, invalid, a unenforceable. Such prvvid- Ahdl be deemed severed and this Apemmt with suc4providm neared aha tendo in full facaand effectm the emt pawiad by law. 20. WANE.NamcmapmvWmhemof OAbedo®cdwdvd&dmbmmbmcdhmlutsuchwalamoeemwt shallbamwmusipodad datdby ibe {say calmed w beat waived m wmmted. A wdva by either patty of my tam m coodidm of Ibis Agreement In mY Lub=$ Wi nen bedamd a canaevad ss • wdva of sorb tam a condition la the fvtate, a of anY subscqu-t brac5 Weaet. ter a permaaevtmodiH�lutoa of sum Rev.0141011 3 ( iw Vol. �5y Pg. / </.5 xNa U)IODYSSEYWARE' pmvtdm or of this Agteemmt. Al of the parry's riou, opdme, and tmwdim in Otis Agrc=mt flail be=ulsdve and Woo of mem shW be W dmbatlm If my atc r mody, IOM m right uAlible to Ibml. 21. VMR&AGREVIA vT.'11tu Ayummt andWwcdlLry dammmu, etaebmmy netlnes,a<Oehm metvidaeaprtady Snmrponad bvdaby tdaeorc eoubftle the eodw sgmammi betwom to penlm bmeW MWRI to ea soblct sae W of and mpmmde W pdorW='a's" refaeamud ta, W(sssdoa, demmmadom, peomism, sad eM..uh-j� N my. made oeay of In Writing byeven behadef the parew Wt teepee W the wbJrm msec bumf. AAYlttarLmmuhcebwiocapusted Into mia Agtotmmt by thlsrde Noaodifieadoo, .,,,...tinm, w,dm, OcadaWOW, radiaehvgo of any p wWoo hemi shall be binding Wpm ma psalm mlm eun&med is wri ft and oumtrIIby bot prem. 21 9EADING$ 'he headWgs of me pan6aPhs hada w iueud fc oeeveamu io vfemnce ody aed am int Wtended by me pada W be puf of m W affect mo mamlog Orhtutpeletim Ofd& Ag:ermmt. 27. CODNM+ Each piety amawledgn tacit has bad eine and oppetmnity, W rowew to fwWlso WA&,io cooesd of in, e d and advimu detmedotvsaary osderiabl� IN WnNM WHIMOP, (bepsrda It t have esemted We Agm=mt W be dfemlve m of the due flint Sated above. TIM Its: Chief Financia! Officer Rev. ✓)172011 a ( MAr TrT Vcl. �-�z Pg. /V(/ ATTACHMENT "A' OdyssayWare Online License and Content SpsdAcaBons �ODYSSEYWAREe Lleenw Spaetflceeorts Srinot Name: Brazos County Juvengs Servlme Contact Name: 0" Body TSIo; Sueerw"Oent Addtent:1904 W. Mw 21 CMN: Bryan State: TX Z1o: 77803 Phone: 978823-35" Aft. Phone: Fats 979-648.4824 E•MeO: OhbRco xaros.bLus Content BpecBtratlans Software Version: 2.0 ❑' Concurrent Use Ueenee(el C) Etesh Q Per Course Per Student uwnw Fw Gkulatlon 18 Number of Licenses $ $1,000 Pnoo per Uk 60 $ $18,000 Total forLieenaw $ E•Cesh $ Teeming Petltagec $ Tmining Modube $ $2,495 OtrW Mks $ $20,496 TOTAL FEES AddL licenses may 6e added for: $1,000 wlamb'Mr Prciwe1,W Dsyeleporrd A Treating Options ❑ E)q Wb Fee (On -SKS Only) TmtnbV Packages 0 BRONZE ❑ BRONZES ❑ SLVERA 11 SILVERS 11 SILVERC 13 GOLD A 0 GOLD B C] PLATINUM Tmining Modules ❑ Webiner ❑ OnSea OdyewyWem,Ina,A Inc. Sknutum: % e, Printed Name: AmyyHHard& Title: Contract Adminiskatlon Data: 11 L2 7—/11 ConnactaOerJ<va 09/01111 thmu0h 00/31112. 2011 OW 1.0 RENEWALCOMVERSION TO OW 20 LICENSES AND ONSITE MIGRATION TRAINING SSC P Vol, g./,�._. 12- BRAZOSCOUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT: Road & Bridge MEETING DATE: June 20, 2017 SUBJECT: Utility Permit — Wellborn Special Utility District Consider and take action on the Wellborn Special Utility District utility permit to construct a road bore for a 2 -inch water line crossing under North Dowling Road 4,925 feet southwest of Holleman Drive. Crossing will maintain a minimum depth of 36 inches below ditch flowline. Site is located in Precinct 1. SUBMITTED BY: Darrell W Kolwes Right of Way Agent ACKNOWLEDGED BY: Steve Aldrich Commissioner Precinct 1 This request ism APPROVED / ❑ DENIED by Commissioners' Court Duane Peters,, County Judge DATE: Vol.= 2S Pa.�� APPLICATION FOR WATER UTILITY PERMIT DESIGNATING PLACEMENT OF UTILITY IN COUNTY RIGHT OF WAY TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS Pursuant to the Texas Utility Code, Section 181.024, comes now Wellborn Special Utility District [company name], hereinafter referred to as "Company" a Texas [state] Corporation, with authority to transact business in Texas, acting by and through its duly authorized representative, and hereby petitions the County Engineer for the right to lay, construct, maintain, repair and/or operate a gas facility under, over, across and/or along certain County Roads as shown on drawings and diagrams attached hereto and said location described as follows: Facility to Cross Road Length of TYPE OF CONSTRUCTION Road Name & Block Number Crossing CHECK ONE Bored Jacked Driven Cased N. Dowling Rd. 100 ft. X X Facility to Parallel County Road Within Right-Of-Wav Road Name and Block Number From To Depth Distance CONSTRUCTION TYPE 2" Diameter 0.10" wall Thickness 3" Encasement Pipe Material Specification Maximum Operation Pressure 200 PSI The location and description of the proposed installation and appurtenances must be fully shown on the attached detailed drawings. The Company shall commence actual construction/work in good faith within 60 days from the date of said permit and shall complete said construction /work within 15 working days. (COMPANY NWST FILL EV). If such construction is not begun by the 60'" day, Company will be required to apply for a new permit. Company declares that prior to filing this application, it has ascertained the location of all existing utilities, both aerial and underground, and the filing of this application is prima facie evidence that the proposed installation will not conflict with any existing utility. A copy of this permit shall be kept at thejob site any time work is being performed. It is expressly stipulated that this Permit is a license for permissive use only and that the placing of facilities upon public property pursuant to this permit shall not operate to create or vest any property right in said holder. It is understood and agreed that the rights and privileges herein set out are granted only to the extent of the County's right, title and interest in the land to be entered upon and used by the holder and the holder will at all times assume risk of and indemnify, defend and save harmless Brazos County from and against any and all loss, damages, cost or Vol. 2 5_S! P9. %� expense arising in any manner on account of the exercise or attempted exercise by said holder of the aforesaid rights and privileges. Any deviation from these specifications must be approved by Brazos County Engineer's Office or its designated representative. Approval of County Engineer's Office may take as long as two weeks after complete application is received. Applicant agrees to comply with all rules of the Comity Commissioners and the County Engineer is construction of said installation attached hereto as BRAZOS COUNTY DESIGN STANDARDS AND SAFETY PRECAUTION REQUIREMENTS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY and incorporated herein for reference. In the event Company fails to obtain a perrmit prior to the installation or does not install utilities in compliance with installation requirements set forth herein (i.e. depth, location, etc), Company assumes allfinancial responsibilityfor damages and/or destruction of lines, cables, etc. based upon its failure to comply with Brazos County requirements. Applicant agrees that if Brazos County demonstrates u violation of the tennis of this policy, Applicant stipulates that requisites fa• injunctive relief exist arid that Brazos County is entitled to relief enjoining any conduct by applicant which is conh•my to the policies. This permit is a revocable permit Brazos County reserves the right to revoke this permit at any time, in file sole discretion of Brazos County, for interests of public health, safety or welfare, or for failure to repair any damages upon demand, or for any other reason deemed sufficient by Brazos County. bn the event Company jails to comply with any o- all of the requirements as set forth herein, the County may take such action as it deems appropriate to compel compliance. The County Engineer fuirthe- retains the right to revoke this Permit by verbal notification to the Applicant/Cmnpany. Failure to obtain this perouit and/or notify the County Engineer's Office within 24 hours of beginning construction shall constitute grounds far job shutdown. By signing below, I certify that I am authorized to represent the Company listed below, and that the Company agrees to the conditionslprovisions included in this permit. Wellborn Special Utility District Company Name Stephen Cast By: Signature GcXdral Manager Title P.O. Box 250 Address Wellborn, Texas 77881 City State zip 979-690-9799 Phone Number wsud.js@verizon.net/wsud.sc@verizon.net Email: EVOL Pg--Z94� WATER UTILITY APPROVAL Brazos County offers no objection to the proposed location of the utility in the County right of way as shown by accompanying drawings and notice dated G — ila— 1 -� except as noted below: EXCEPTIONS: v (Month/Day/Year) (Z�6 a b -� 4` Brazos County Engineer Vol._ Pg. Cr i ROAD R13HT-0FaJll4Y - {Jut,-�l itn I`�'l. '-(' ��S 1 4 CENTER LINEOF COUNTY ROAD ROAD RIGHT -O UtWY 3L 'I'Jes PLAN VIEW CENTER LINE TYPICAL SECTION SHOW NO RTH AR ROW 7� IV.�ci S COUNTY ROADN.,�> 1 �� 1. IN CROSSING ROAD OR GOING ALONG RIGHT-OF-WAY, SHOW DEPTH & LOCATION OF CONSTRUCTION IN TYPE SECTION & PLAN 2. IN PLAN VIEW SHOW DISTANCE FROM YOUR CONSTRUCTION TO NEAREST INTERSECTION 3. IF ABOVE PLAN VIEW ANDJOR TYPE SECTION IS NOT APPLICABLE, THEN SHOW APPLICABLE PLAN ANDD OR SECTION ac-dt gt •..,F "{ei� 2Y;' . Yt. F 'ffiY ' v'Y. Wg 12 3 x r IN 1�0386NDowlingRd ... N } One J .�lYYt3 b t dY fy ° e� ?.��L ;t ♦ ` '�,�i al ,� Sty{ 4- � a�(� T'_. >': a �,r .L' ✓ r ,ji„�4 ���JiA If Oil 2� • . i � � l:: , is �!' > w 1't J ��j$Q�j�.. is i,�'s-. �' '� C, r �p .,x.' 4 S 'i. K •� �y, a Nl 4 y R qty. f. vA.44 'S• � � �i �� F} 1 ._. a �4 i,:� i� ' 3i:'�r'l• a a�G �i r'; `' J y. :• i rt %��{ >- 'J' �' , Nit-+. ' f' � �' y7� sr� �'' p :�_ � `-f s� • f. v�vyr � ,F �a:i. bra r y"Ft_ Google 'fB, x, w14 r-.�: r h..; r t'� aE' •'� + � ',�.'.$ r V•� S y�.SiP�u`s'4' r„'x..�„��r ��# :�, +?ss v. �s^'..:.-. , s'nf-•:. !,t„ - :e. ,��"�",,.C,?r„iiti. ,w ir. ageryDate 11/19(2016;,.x. 30?34'3223N. BRAZOS COUNTY ROADWAY SAFETY AND ROAD PRESERVATION STANDARDS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY A. General Requirements I. Adequate drainage shall be maintained in ditches at all times. 2. Permittee will use best management practices ("BMP") (EPA and TCEQ both provide lists of examples of BMPs) to minimize erosion and sedimentation resulting from the proposed installation. 3. The permittee shall take precautions to avoid damage to property. All County Right of Way and property shall be restored to its original condition, as far as practical, in the opinion of the County Engineer or appointed representative. 4. The construction and maintenance of such utility shall not interfere with the property or rights of a prior occupant. 5. Permittee shall not interfere with other utilities located in the right of way. In the event damages occur, permittee will be liable to the County or other utilities running through the right of way. 6. County Engineer shall determine whether or not permittee's plans shall inconvenience the public. If it is determined that inconvenience to the public exists, then the County Engineer will decide whether such project will be allowed or if an alternative exists so as not to inconvenience the public. B. Safety Requirements I_ Proper traffic control measures must be put in place prior to beginning work and remain in place during the duration of the job. All traffic control measures must follow the Texas Manual of Uniform Traffic Control Devices ('I'MUTCD). See Traffic Control Requirements below. 2. During construction, all safety regulations of the Texas Department of Transportation shall be observed. 3. Permittee must take such precautions and measures, including placing and displaying safety devices, as may be necessary, in order to safely conduct the public through the project area. Company shall provide flagmen, signs, signals or devices necessary to provide complete safety to the public. 4. Adequate provisions must be made to cause minimum inconveniences to traffic and adjacent property owners. 5. No cable, conduit and/or pole line shall be laid, constructed, maintained and/or repaired so as to constitute a danger or hazard of any kind to persons or vehicles using such road. Any poles placed in the Right of Way for future installation shall be placed at the back of the Right of Way. Exceptions may be approved by the County Engineer. C. Tralfrc Control Plan 1. A traffic control plan, pursuant to the TMUTCD or Engineered Traffic Control Plan must be provided for the following: a. Any construction (i.e. pit, excavation, hole) left open overnight, requires specific ni httime traffic control measures pursuant to the TMUTCD; b. If construction is within ten (10) feet of the roadway; or c. Any work performed in the road right-of-way; 2. Plan must be attached to the permit and kept at the job site anytime work is being performed. 3. Plan must set forth the time of completion for the job. D. Design Standards 1. All overhead installations shall conform to clearance standards of the Texas Department of Transportation and the pole be placed in the designated area for power specified as set forth in the Texas Utilities Code, Section 181.045. 2. All pole installation (including lighting) shall be placed at the backside of the Right of Way to ensure safety to the public. Any pole placed in violation of this requirement will be required to be moved to the appropriate location at the company's expense. Exceptions may be approved by the County Engineer. All underground installations shall (these are minimum depths — utility may place deeper): a. be placed at a minimum depth of forty-eight (48) inches below the top of the pavement; b. be at least thirty-six (36) inches below ditch flow line when installation is within the area measured from top of bank to top of bank; c. be at least forty-eight (48) inches below ditch flow line if low pressure gas or petroleum lines. For high pressure gas and petroleum lines, see High Pressure Pipelines requirements listed below; d. not be closer than ten (10) feet from the edge of pavement. Exceptions may apply in rights of way of less than 60 feet. 4. Water Lines: All water lines must be a minimum 36 -inches below the ditch flow line and cased. Waterlines shall be cased if crossing under the roadway. 5. Utilities in all new developments that have 60 feet or greater of right of way shall be installed within designated locations based upon the type of utility. The locations shall be as follows: (measured from back of right-of-way). Power— 0 to 2 feet, nominally P Phone — 2 to 4 feet, nominally 3' Gas — 4 to 6 feet, nominally 5' Cable — 6 to 8 feet, nominally 7' 6. Utilities with less than 60 feet right-of-way in all new developments shall install the utility in a similar manner as referenced in No. 3 above; however, the County Engineer or its designated representative will provide final approval of each utility location. 7. The length of any trench to be opened in advance of the pipe, conduit or ducts may not be longer than 400' if left open over night or unattended. 8. Crossings under a county road shall: a. be bored or jacked. ABSOLUTELY NO OPEN CUTS WITHIN COUNTY ROAD PAVEMENT; b. be pressure grouted for the full length of the crossing if the annular space between pipe and casing and soil exceeds one (1) inch. Brazos County must be given 24 hours notice of pressure grouting operations and have the opportunity to have an inspector on site to observe pressure grouting operations; Vol. _�2_ J-41 pg. /J` c. Ty DOT Standard Specification Item 476 shall be followed for all boring, jacking, tunneling and joints. 9. Bore Pits: a, no pits shall remain open longer than 2 days; b. all pits shall have proper traffic control measures in place. See Traffic Control Plan listed above. c. pits shall NOT be located within ten (10) feet from the edge of pavement without prior approval from the County Engineer or his representative; d. when pits are to remain open for more than 8 hours, due diligence will be used in protecting the spoil pile to prevent drainage problems; e. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity; f. based upon soil conditions, the County Engineer or his representative may require pits be placed further from the edge of road. 10. Any installation within ten (10) feet of edge of pavement shall meet the following: a. location must be approved by the County Engineer or his representative b. backfilled with cement stabilized material. c. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity. d. all excess water and mud shall be removed from the trench prior to backfilling. Any backfill placed during a rainy period or at other times where excess water cannot be prevented from entering the trench will be considered TEMPORARY and shall be replaced with PERMANENT cement stabilized material as soon as weather permits; e. all disturbed base and pavement materials shall be removed and restored to the satisfaction of the County Engineer or his representatives. f. no side or lateral tamping to fill voids under the base and pavement materials is allowed. 11. Company must be careful to not jeopardize the slope or integrity of the shoulder of the road. In the event Company damages the slope, shoulder or any other portion of the right-of-way, Company will be responsible for repairing the damage and replacing the right-of-way to the condition it was prior to commencing construction. 12. Operation of construction and/or maintenance equipment on the traveled surface of any improved County road will not be permitted, except in an instance whereby the laying, construction, maintenance and/or repair of cables, conduits and/or pole lines cannot be accomplished by any other method and in this event all such equipment shall be of the rubber tire variety. Appropriate traffic control shall be provided meeting TMUTCD requirements. 13. In the event said construction and/or maintenance and/or repair requires Company to remove, cut or jeopardize any section of the road (asphalt, cement, road base, etc.), Company will be required to provide a performance bond or letter of credit securing necessary repairs. Said bond amount will be determined by the County Engineer. 14. The applicant shall submit a letter of "No Objection" from the Army Corps of Engineers for all designated wetlands and environmentally sensitive lands. E. Emerkenev work 1. In the event Company is required to perform emergency services, that requires excavation in a County Right of Way, and unable to notify the County Engineer prior to conducting emergency repairs, Company Fvo —Io��--J:��--Ipg shall notify County Engineer within 24 hours of beginning construction/repairs. This will allow the County Engineer's Office an opportunity to inspect the site to ensure the integrity of the County Right of Way and traffic safety controls used. F. Repairs to existing facilities 1. Maintenance and/or repair to existing cables, conduits, and/or pole lines which require disturbance of the soil, shall not be performed until plans describing such maintenance and/or repair have been approved by the County Engineer or its designated representative and a permit has been obtained. G. Relocation of utilities 1. When and if the County Engineer determines that it is necessary for the construction, repair, improvement, alteration or relocation of all or any portion of said road, any or all poles, wires, pipes, cables or other facilities and appurtenances authorized hereunder, shall be removed from said road, or reset or relocated thereon, as required by the County Engineer within a reasonable time as determined by the County Engineer and Utility Company, and at the expense of the Utility Company. H. High Pressure Pipelines 1. All utility Permits for high pressure pipelines (generally 60 PSI or greater), whether pertaining to controlled access or non -controlled access installations, should contain the following additional information in the description of the permit. -diameter -wall thickness -material specification -minimum yield strength -maximum operation pressure of the pipeline 2. With the exception of the maximum operation pressure of the pipeline, this information is to be supplied for both the carrier pipe and the casing. 3. Assurance must also be given that the installation material and design meet the minimum Federal Safety Standards for Liquid and Gas Pipe Lines. Assurance must be provided on company letterhead and signed by an authorized representative of the company. 4. Petroleum Pipelines: Depth Type of Pipeline (below deepest ditch erade) Special Requirements Encased Pipe Less than 10' Must be covered with concrete pad at least 36" deep Encased Pipe Greater than 10' No concrete pad required Non -Cased Pipe Less than 10' Must be covered with concrete pad at least 48" deep Non -Cased Pipe Greater than 10' No concrete pad required Concrete pad shall be minimum of 3" thick and width shall be pipe diameter plus 18" minimum 5. Under no circumstances will a pipeline be installed parallel to a County Road within the Right -of - Way. Transmission lines have been determined to be petroleum pipelines (which includes natural gas lines) and shall not be parallel to a County Road. 6. Natural Gas Distribution is a line that serves tlfe final customer. vol.._ Q2 st/_.. Pg.. /�� LEGEND _ .:... _.. _ rrvex xamrp PD.N... .. Ilvvy lb . ven(cle ® .rim„aler itwl wcRx AHFAD 1 � � ifalln .w:tca a ro'rmle Cli°WaDI. J1. /� 8 rlemsm xx+.. e..rd M Neexae slm fpml 4 NROAD V 1 YY CM20-1D (Rj I ETID y sltn u'x IB•RDAR NORIf E110 1 rare I! Q fl°J 4p rlmq.r ie °x ie• o I 8 ROAD:DRR <e�-%zr alley- _ ti°'3 IStt rn 310 Sm fate 11 a ISee0. xiole 31A V. ROAD WOR[ CnzO.to AIIFAO I a�iC„=° b., a s t3 I .a LF7J °rrorloWlpa',t uh Irvi ` Ih volllal° say tc- tl: I ISre Nele 1) N Ca. lmol A mlx wx wcoz I 3f1i Tav tnglpa tmc Dawn rwrWo eff. h v I I •"yr ey, `y IIaSx.r I L•LY ..A of TWerlrTI 11-m01n of Orr.al1") 5-P°afoo SmkloftQ z mv.ml. 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TRAFFIC CONTROL PLAN " CONVENTIONAL ROAD SHOULDER WORK TCP (2-1c) TCP (2-1b) TCP (2-1c) TCP(2-1)-12 WORK SPACE NEAR SHOULDER WORK SPACE ON SHOULDER WORK VEHICLES ON SHOULDER Conventional Roads Conventional Roads Conventional Roads lex tM col YINm Ylnlm Aylm fae,la 0..Irtlla f[0]Im Tlm SLA..p rept lRrylN LMeellxl,p SmIN Im,IMlml A'M a•.leu rt� gswoe A 1p 'rxpl iwm rm°'we'1 ° -°- ]0 3 I50' 165' 180' JO' 60' I30' 90' JS p '3- 205' 335' 2a5' JS' l0' I60' 120' a0 60 Ifi5' 39!' ]20' lo' 80' 2a0' 155' as A50' x9s' S.0' as' 90' RV s95' so soD• sso' U. sod Ica' tto' ztD• ss L•�S605' E60' ss' I10' 560' 295' 60 6W' 66U'I THI' 60' I30' W. ttPICAL USAGE 514df uyi iwl [plvera°4it [o -s tW1 w6l[L olAuncr s..sno+m sra nanown suilawRr J 1 ! J 1 ]50' 650' TIS' T80' 65' IJO' i00' 910' 65 Ty' Ti0' Bio' i0' 190' B00' 05' TO 15'900' 510' l5 ttPICAL USAGE 514df uyi iwl [plvera°4it [o -s tW1 w6l[L olAuncr s..sno+m sra nanown suilawRr J 1 ! J 13 BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT: Road & Bridge MEETING DATE: June 20, 2017 SUBJECT. Adjustment of Electrical Facilities — BTU Consider and take action on the Bryan Texas Utilities (BTU) cost estimate of $12,329.60 for the adjustment of four (4) poles on Mesa Verde Drive. This work is needed in order to accommodate the extension of Mesa Verde Drive from Chaco Canyon Drive to SH 6. Site is located in Precinct 1. The following supporting documentation is attached for reference: • Letter and invoice to relocate facilities • Plans SUBMITTED BY: Darrell W. Kolwes Right of Way Agent ACKNOWLEDGED BY: Steve Aldrich Commissioner Precinct 1 This request is, APPROVED / El DENIED by Commissioners' Court Duane Peters, County Judge DATE: (alanohl June 15, 2017 Brazos County Road & Bridge Mesa Verde Dr Dear : Project #: 1706-R-33917 Your request for service to relocate Utilities poles on Mesa Verde Dr has been investigated. Your costto provide this service is $12,329.60. Included in this cost is the installation of (1) 40' pole, (3) 45' poles and (1) 50' pole. will be removing (3) 35' poles and (1) 40' pole.. The internal wiring serving your structure (if applicable) and the installation of the meter can, weather head, etc. is your responsibility. Please note that this AIC amount is based on the line routing we discussed and is subject to change 90 days from the date of this letter. BTU will furnish the electric meter and meter can to you at no cost. However, you or your electrician must pick up the meter can from the BTU warehouse located at 611 Union Street, Bryan, Texas. Please reference your assigned project number, 1706-R-33917, when obtaining the meter can from the BTU warehouse. Before yourjob can be scheduled for construction, I need the following items returned to me AIC invoice and payment with investigation number referenced on the check, BTU's Information Desk at 205 E. 281h Street is open between the hours of SAM and 5PM, Monday through Friday excluding City holidays. They will be happy to assist you with accepting your AIC payment and any other requested paperwork. Please use your assigned project number, 1706-R-33917, to identify any correspondence you may have with our office. A copy of the project job print is included. I appreciate the opportunity to answer any questions you may have and to provide you with competitive reliable electric service. Sincere) �. / L ... Robert Lopez Line Designer Office: 979-821-5769 Cell: 979-324-5134 Fax: 979-821-5796 Email: rlopezCa.btutilities.com Vol. SS Pg- , CHARGE TO: Brazos County Road & Bridge Mesa Verde Dr MAIL REMITTANCE TO: Bryan Texas Utilities Attn.: Robed Lopez Project #: 1706-R-33917 P. O. Box 1000 Bryan, Texas 77805 QUANTITY DESCRIPTION OF ITEM UNIT I AMOUNT 11 PRICE Cost to provide service to relocate Utilities poles on Mesa Verde Dr. NOTE: Do not include AIC payment in your monthly BTU bill. ,329.60 Vol. Pg. /L D I Nlo CUSTOMER NAME MESA VERDE DRIVE EXTENSION PHONE SERVICEADDRESS MESA VERDE DR I HWY 6 S PROJECT NO 1706-R33917 JOBNO BRYAN TEXAS UTILITIES 979-277-2273 DRAWN BY ROBERTO LOPEZ 6(112017 fau+tfoORs CHECKED CRAYTON HENRY 16/1312017 MSTAu 70.74 35223 REVISED REMOVE 42 979-821-5770 CONST TYPE OH PRI (OH) PAGE 6 o46 9 \\ L � 1 1 sw � �asxx 1 1 ®cII i CUSTOMER NAME MESA VERDE DRIVE EXTENSION PHONE 979-277-2273 sERmcEaoORESs MESA VERDE DR! HYVY fi S DRAWN BY ROBERTO LOPEZ 61112017 CHECKED CRAYTON HENRY 611312017 MAN HOURS INSTALL 70.74 PROJECT NO 1706-R•33917 JOBNO 35223 REVISED REMOVE 42 BRYAN TEXAS UTILITIES 979-821-5770 CONSTTYPE OH PRI (OH) PAGE 5 of 6 i Z 0c GCi E%9 EX5 EXE C2 i HOUSE IS BEING DEMOLISHED , METER HAS BEEN REMOVED j! + CUSTOMER NAME MESA VERDE DRIVE EXTENSION PHONE 979.277-2273 DRAWN aY ROBERTO LOPEZ 611/2017 MAN HOURS SERVICEADDRESS MESA VERDE DR / HWY 6 S CHECKED CRAYTON HENRY 6713/2017 INSTALL 70.74 PROJECT NO 1706-R-33917 JOBNO 35223 REVISED REMOVE 42 BRYAN TEXAS UTILITIES 979-821-5770 CONST TYPE OH PRI (OH) PACE 1 of 6 \ O es T R N1 Q "\ i i R2 \ N. \ i J���Q- BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 16/17-38.1 6120/2017 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease Hotel Occupancy Tax Fund Hotel Occu nc Tax De artmental Su on 530.00 Hotel Occupancy Tax Fund Hotel Occupancy Tax ' Minor Acquisitions 530.00 FUND DIV ACCT DR/CR ACCOUNT NAME Increase Decrease Ilea 11002500 61010000 CR Advertising - Le al Notices 570.00 1100 11002500 Hotel Occupany Tax DR Reallocation of funds to the appropriate accounts to purchase an eight station phone charging unit for event use. f r..'r Oepartmeh royal to",1 R. Count 'Judg"o�p roo vat :•': d'3s ..si:iyDateS a . � ;k;l IV OL_ Pg, / GS FUND DIV ACCT DR/CR ACCOUNT NAME Increase Decrease Ilea 11002500 61010000 CR Advertising - Le al Notices 570.00 1100 11002500 67281000 DR Equipment - Electronic 530.00 IV OL_ Pg, / GS BRAZOS COUNTY, TERAS BUDGET AMENDMENTS No. 16117 - 36.2 612012017 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase I Decrease General Fund Sheriff Administration I SO-CSISD School Security Minor Acquisitions 303250 General Fund SheriffAdministrarion I SO-CSISD School Security De amnentsl Su ort 1037.50 FUND DIV ACCT DRICR ACCOUNTNAME Increase Decrease 0100 28004000 67287000 CR Equipment - Radios 1 03750 0100 28004000 60211000 DR SO-CSISD School &curlty 400.00 Reallocation of funds to The approprooc accounts to purchase radia equipment and software for the 5 CSISD School Security. ... A. De PartmenL`Approval . vetDato �oun1Y-�?9e MProval... •{"y,"vrt ,..rData,�zr .T�,:�. ,..-.._.._n Fui''.Secoun�ih -PuC ses:Onl 1,ss-ta a, .;;ss _ a . c, m > { �� ,„...7i.2A..,;=�. u .: � � `. ,ln: A, < a� ..�.. r` Y.-. n , t ktii -- St^i 95i .a .4 FUND DIV ACCT DRICR ACCOUNTNAME Increase Decrease 0100 28004000 67287000 CR Equipment - Radios 1 03750 0100 28004000 60211000 DR SoPovam-No Tag 400.00 0100 28004000 60500000 DR Equipment & I.T. Enhancements 631.50 Val. __0�-5 �_ �'J• / � �' BRAZOS COUNTY. TEXAS BUDGET AMENDMENTS No. 16117-38.3 612012017 FUND DEPARTMENT DIVISION I CATEGORY DESCRIPTION Increase Decrease General Fund Juvenile Court Referee I Departmental Support 209.67 General Fund Juvenile Court Referee I Minor Ac uisitians 209.67 FUND DIV ACCT DR/CR ACCOUNT NAME Increase Decrease 0100 22500100 60600000 CR Office Supplies 209.67 0100 22500100 67670000 DR Printer 209.61 Juvenile Court Referee Reallocationof fonds to the appropriate accounts to purchasea printer for the courtroom. S ion t'"er'Q 54y. iyi,t{ '�t lC�� -4 "no., DateT.. i u Ye `APProva ti=' i at Date 4 "fir? F,ur 1, .. :�o-7.�i, r.. lihr ..i. i t1. s.. n..v „.4 i. .e. ., 4. ai..., rrP:..e�ctt ... Yv:ln..• FUND DIV ACCT DR/CR ACCOUNT NAME Increase Decrease 0100 22500100 60600000 CR Office Supplies 209.67 0100 22500100 67670000 DR Printer 209.61 von. _ a sy Pg, /� 7 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 16117-38.3 612012017 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease General Fund Juvenile Court Referee De artmental So ort 209.67 General Fund Juvenile Court Referee Minor Ac ukitmiu; 209.67 FUND DIV ACCT DRICR ACCOUNT NAME Increase Decrease 0100 22500100 60600000 CR Office Supplies 209.67 0100 Juvenile Court Referee 67670000 Reallocation of funds to the appropriate accounts to purehase a printer for the courtroom. rC un'f'y Ju�9e._.APPr 1 x.w• P,� E..,—..,!�a50-s-.:`.�.,.�,� FOk:ele<Oilritln <Pllk trSe}:G �IY ..&',°M,1i�'*. i e+1< :.M1'�.:.rZw.Yt.i�'L. �`y,��tl;. ...�.t ::?.. V,.. A.3M.�>'+�•>:4 i A. Is}+�+�.:ht, ,.l:: rrk4;."1ST„ .... v.7"iX."'3"-..S,F_'� FUND DIV ACCT DRICR ACCOUNT NAME Increase Decrease 0100 22500100 60600000 CR Office Supplies 209.67 0100 22500100 67670000 DR Printer 209.67 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 16117.38.4 6120/2017 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease JP Tech Fund JP Tech Fund - JP #2 1 Minor Acquisitions 1 2.411.03 JP Tech Fund JP Tech Fund - JP #2 De arhncntal Support 140.41 JP Tech Fund JP Tech Fund Minor Acquisitions 2,270.67 ACCT DRICR ACCOUNT NAME Increase I Decrease 2400 24005200 67203000 CR NUnor Computer Hardwnre 440.00 2400 24005200 67670000 CR Printer .!P Tech Fund - JP #2 2400 24005200 Reallacatian artUnds to the appropriate accounts to purchase a replacement ticker writer for Constable Pct. 42. DR (Departm`enPApprovalVI tTY County Judge�Approval - ,. ...._ s, ,iR. F1 .5 ..i. •y �( l CYa FdrfdCe01111[iR 'Pei OSFS,DpI LJS�tlj ... .. Ntivi q"} FUND DIV ACCT DRICR ACCOUNT NAME Increase I Decrease 2400 24005200 67203000 CR NUnor Computer Hardwnre 440.00 2400 24005200 67670000 CR Printer 1.971.03 2400 24005200 60500000 DR E ui ment & IT Enhancement 140.41 2400 24005200 67281000 DR Equipment - Electronic Z 270.67 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 16117-38.5 612012017 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease General Fund Juvenile Services Admintia nion De amnental Support 625.00 General Fund Juvenile Services Adminisvatien Professional Services 625.00 ACCT DRICR ACCOUNT NAME Increase Decrease 0100 71000100 61801000 CR Travel 625.00 0100 31000100 72670000 DR Ps chole 'cal Services 625.00 Juvenile Services - Administration Reallocation of funds to the appropriate accounts to cover the cost for court ordered Chapter 55 mental evaluations. —r1.'7 6% 87H^ t1 i rrS e 4 F nnm� +�s�w Data ri?:«.g� °,. b�,"c AJy6�s�?. �.L6f1412ot771 t artment'A' I:Y_y;;�Datee?,v:!;�,:7j� Con �JuAga_AaPraval*,,N3rra+' "Date vol. ,2 S._. Pg. /70 FUND DIV ACCT DRICR ACCOUNT NAME Increase Decrease 0100 71000100 61801000 CR Travel 625.00 0100 31000100 72670000 DR Ps chole 'cal Services 625.00 vol. ,2 S._. Pg. /70 PERSONNEL I lQ CHANGE OF STATUS REQUESTS Commissioner Court Date: June 20, 2017 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Change Requests Department Submitting Employee Request Action Requested Request(s) Applies To County Attorney Bailey, Brenda Change of Status Quisenberry, Eric Change of Status Richey, Jake Employment District Attorney Johnston, Lori Change of Status Koenig, Amanda Employment Licon, Paloma Change of Status Wright, Darcie Change of Status District Attorney — Crime Fund McClure, Cynthia Employment Poe, Jennifer Employment District Clerk Alexander, Jeri Employment Juvenile Services — Detention Garcia, Edgardo Separation Sheriffs Office —Admin. Bachmeyer, Brian Change of Status Sheriffs Office— Detention Edwards, Shawn Change of Status Approved in Commissioners' Court: June 20 2017 County Judge's or Commissioner's Signature: (This Copy to be attached to minutes)